In the event that the change in CPI as described above is negative rather than positive, no rate adjustment will be made for that year. No adjustment under this Section 4.2(F) will take place until the October CPI index surpasses the index level as of the October immediately preceding the last annual rate adjustment pursuant to this Section 4.1(F), which will be considered “year 1” in calculating the change in the Contract Rate.
For example, if the change in CPI is measured as follows: October 2027 = 205, October 2028 = 204, October 2029 = 201, October 2030 = 208, then there would be no adjustment in July 2029, or July 2030, and an adjustment equal to the change from 205 to 208 would be implemented on July 1, 2031.
Contract Rate True-up: On an annual basis, no later than each April 30, beginning April 30, 2030, the County shall conduct an annual review of factors pertaining to the most recently completed fiscal year(s) including but not limited to, tonnage received throughout the Waste Infrastructure System, Cumulative Tonnage Targets identified in Appendix 2, revenue received from all sources, Department expenditures, and other factors that make up Department’s total costs.
County shall notify City prior to April 30, 2030 (and every April 30 thereafter) and advise whether the Annual CPI Adjustment to the Contract Rate should be frozen for a period of time (in circumstances where Department revenues exceed Department Full Cost Recovery needs) or to determine whether the Contract Rate should be increased beyond the Annual CPI Adjustment as defined above (in circumstances where Department costs exceed CPI) to ensure that Department revenues meet Full Cost Recovery.
Within thirty (30) days of finalizing each annual review, the County shall transmit its findings and the bases thereof to Participating Cities at the next regularly scheduled OCCMA meeting or other forum mutually agreed to by the County and OCCMA. If requested by the City or OCCMA, the County shall reasonably respond to requests from the City and/or OCCMA for additional information including, but not limited to, requests to meet and discuss reviews, findings, and bases of findings. At the request of 50% of Participating Cities, County agrees to meet and confer in good faith with OCCMA, within sixty (60) daysto discussretention of a consultant acceptable to both the County and OCCMA to conduct an independent review of the County’s annual review findings.
Nothing in this section shall be interpreted as limiting the County’s rights under Section 4.2(A). (G) Adjustment Resulting from Increased Fees. In addition to the other adjustments specified herein, the Contract Rate shall be adjusted to reflect the imposition of new fees or increase in existing fees relating to the disposal of Controllable Waste imposed by State, federal or other agencies (e.g., the State’s Integrated Waste Management fee, which is currently $1.40 per ton, but is expected in increase during the term of this Agreement). The adjustment shall be equal to the amount of any new or increased fee, and the adjustment shall take effect so as to coincide with the imposition of the new or increased fee. The County shall provide notice of any increase pursuant to this Section 4.2(G) as soon as practicable after becoming aware of the imposition of any fees described above.
Adjustments pursuant to this Section 4.2(G) shall not require compliance with the provisions of Section 4.2(I). (H) [RESERVED]
1673
(I) Procedure for Rate Adjustments. In the event the County determines that it is entitled to an adjustment of the Contract Rate pursuant to Section 4.2(A) (other than 4.2(A)(iv)) or Section 4.2(B), it shall utilize the procedures described in this Section 4.2(I). The County shall be required to provide the City with at least ninety (90) days prior written notice of the adjustment, which notice shall identify the specific event(s) or circumstances which require the adjustment. The notice shall also specify the earliest date on which the County Board of Supervisors shall consider the proposed adjustment. At least forty five (45) days prior to such meeting of the Board of Supervisors, the County shall provide the City with a report which shall contain the following information: a description of the specific event(s) or circumstances which require the adjustment; a description (including cost estimates) of any activities (which may include, but not be limited to capital improvements to the Waste Infrastructure System) required in order to remedy such event or circumstance; certification by the County that it has implemented the remedies described in Section 4.2(A) or (B) prior to requiring the rate adjustment; and a description of the methodology used by the County to calculate the adjustment to the Contract Rate (hereinafter the “County Report”). In the event the City disputes the adjustment, it shall provide the County with a written description of the reason for the dispute at least ten (10) days prior to the meeting of the Board of Supervisors identified in the initial notice of the County (hereinafter the “City Report”). The City Report shall be provided to the Board of Supervisors for consideration at such meeting in connection with the proposed rate adjustment. At any time from and after the date that the County provides the City with the County Report, upon the request of either party, the City and County shall meet and confer in good faith to resolve any dispute that may arise regarding the proposed adjustment to the Contract Rate. In any such meeting, the County shall be represented by the Director of the Department or his or her designee. In the event the Board of Supervisors approves all or a portion of the proposed rate adjustment, such rate adjustment shall become effective on the date identified in the initial notice sent by the County regardless of whether or not the procedures in Section 4.2(J) are utilized, but subject to potential reimbursement pursuant to clause (11) of Section 4.2(J). (J) Procedure for Expedited Judicial Review of Contested Rate Adjustment. In the event that, within thirty (30) days after the effective date of any Contract Rate adjustment made pursuant to Section 4.2(I), Participating Cities which, in the aggregate, accounted for more than 50% of the County Acceptable Waste delivered to the County System in the twelve (12) months preceding the Contract Rate adjustment, provide notice to the County of their election to utilize the procedures described in this Section 4.2(J), then the provisions of this Section 4.2(J) shall be utilized by such Participating Cities and the County to resolve the dispute over the Contract Rate Adjustment. In the event that Participating Cities which have delivered the amount of waste contemplated in the preceding sentence do not provide notice to the County of such election, the County shall have no obligation to participate in or cooperate in the implementation of the procedures described below in this Section 4.2(J). (1) In order to pursue the expedited judicial determination described in this Section (the “Expedited Rate Determination”), the Participating Cities which have made the election described in the paragraph above (the “Challenging Cities”) must commence a civil action for breach of contract (the “Action”) in the Orange County Superior Court within forty five (45) days of the date on which the Board of Supervisors approves the challenged adjustment to the Contract Rate.
(2) Within two (2) Court days of filing the Action, the Challenging Cities shall personally serve on the County Counsel, with copy provided to the Clerk of the Board both the summons and complaint, and a stipulation and request for the entering of an order incorporating all of the procedural provisions relating to the Expedited Rate Determination as set forth in this Section 4.2(J) (such stipulation and request for order is hereinafter referred to as the “Expedited Rate Determination Stipulation”). The Expedited Rate Determination Stipulation shall be signed by each of the Challenging Cities, or on behalf of them by their legal counsel. (3) Within fifteen (15) days of the date of service upon the County of the summons and complaint, and Expedited Rate Determination Stipulation, County Counsel shall execute the Expedited Rate Determination Stipulation and deliver it as well as the County’s answer to the complaint in the Action, by electronic means, to the Challenging Cities through their counsel of record. The Stipulation shall also include a waiver by each of the parties of their right to a jury trial of the issues raised in the Action. The Parties agree that the duty to execute the Expedited Rate Determination Stipulation and comply with the procedures set forth for Expedited Rate Determination in this Section 4.2(J) shall be, and are hereby deemed to be, ministerial duties which the law specifically enjoins upon each of them, and shall be subject to enforcement by the parties herein pursuant to Code of Civil Procedure Section 1085, et seq., or by means of a complaint for specific performance. (4) Within three (3) days of the date of service by the County upon the Challenging Cities of the fully signed Expedited Rate Determination Stipulation, the County and the Challenging Cities shall jointly 1674
make ex parte application to the Orange County Superior Court in the Action for the issuance of an order reflecting the procedural requirements and timelines contained in the Expedited Rate Determination Stipulation, provided however, the timelines may be adjusted by the Court as it deems may be needed for its convenience. As part of such ex parte application, the County and the Challenging Cities shall expressly seek to confirm with the Orange County Superior Court the briefing schedule, and request a hearing date (effectively a trial date) in accordance with the procedures set forth in this Section 4.2(J).
(5) Within ten (10) days of the date of service by the County upon the Challenging Cities of the answer in the Expedited Rate Determination, the Challenging Cities shall file with the Court and electronically serve upon County Counsel the Challenging Cities’ opening brief and the Record in the Expedited Rate Determination. The opening brief shall not exceed 15 pages in length. The Record shall consist of, and be limited to, the record of the proceedings before the Board of Supervisors with respect to the adjustment of the Contract Rate, including but not limited to the County Report and the City Report prepared by each or any of the Challenging Cities pursuant to Section 4.2(I), any materials filed or lodged with the Board of Supervisors and the Orange County Waste Management Commission in connection with its decision, the transcript of the proceedings of the Board of Supervisors meeting(s), and the Orange County Waste Management Commission, the minutes of the Board of Supervisors and the Orange County Waste Management Commission meeting, and the resolution and/or other documentation evidencing the action by the Board of Supervisors and the Orange County Waste Commission to adjust the Contract Rate pursuant to Section 4.2(A) or (B). The record shall also include the most recent reports prepared pursuant to Sections 4.6 and
4.7. The Expedited Rate Determination shall be decided solely on the evidence in the Record, and no extrinsic evidence shall be submitted to or considered by the Court.
(6) Within ten (10) days of service by the Challenging Cities of their opening brief and the Record, the County shall file and electronically serve upon the Challenging Cities’ Counsel the County’s opposition brief. The opposition brief shall not exceed 15 pages in length. (7) Within five (5) days of service by the County upon the Challenging Cities of the opposition brief, the Challenging Cities may file and electronically serve upon County Counsel a reply rebuttal brief, which shall not exceed 10 pages in length.
(8) The trial of the Expedited Rate Determination shall be conducted as a law and motion hearing, similar to a hearing on a writ, which shall be conducted at the date set by the Court in connection with the ex parte application conducted pursuant to Section 4.2(J)(4), or such other date and time ordered by the Court. If the Court requests the parties to prepare supplemental briefs in response to any question or issue raised by the Court, the parties may do so.
(9) The standard of review for the Expedited Rate Determination shall be the preponderance of the evidence based upon the Record. The burden of proof shall be borne by the Challenging Cities, and the burden of proof shall be the same as with respect to a plaintiff in a damages action for breach of contract. Both parties have participated in the drafting of this Agreement. Accordingly, nothing set forth in this Agreement shall be interpreted or construed for or against either of the parties as a consequence of their participation in the drafting of this Agreement.
(10) The Court shall be advised that the Parties request that it issue a written statement of decision and enter judgment within thirty (30) days of the date of the hearing in the Expedited Rate Determination, although the Parties recognize that the Court has discretion to act as it deems appropriate in accord with applicable laws in connection with the timing thereof.
(11) If the Court determines that any portion of the County’s adjusted Contract Rate which is the subject of the Expedited Rate Determination was improperly imposed, the County shall, within thirty (30) days of the date of the statement of decision, reimburse to the City the amount improperly imposed, together with interest calculated at the Overdue Rate. If agreed by the Parties, as an alternative such reimbursement may be made in the form of a reduction in the Contract Rate for a future period (not to exceed twelve (12) months), applied in a manner such that it provides full reimbursement of the amounts described above (including the Overdue Rate, to be applied consistent with provisions of Section 7.14 hereof.)
(12) In the event that the Court does not sign the order contained in the Expedited Rate Determination Stipulation and set the matter for disposition as contemplated herein, the County and the Challenging 1675
Cities shall, within twenty (20) days following the issuance of the Court’s order or decision not to do so and thereby honor the parties’ stipulation, make application to the Orange County Superior Court for an expedited hearing or trial date. The Challenging Cities and the County shall be bound by all of the requirements and restrictions set forth in Section 4.2(J) that are not in conflict with this paragraph (12). In this regard, and without limiting the foregoing, the only evidence to be presented at the hearing or trial shall be the Record, no testimony shall be presented at the hearing or trial; and both the County and the Challenging Cities waive all rights to a jury trial, to any reconsideration of the decision of the Court, to a new trial after the Court renders a decision, and to any appeal or review of the decision of the Court.
SECTION 4.3 RESPONSIBILITY FOR PAYMENT OF THE CONTRACT RATE, AND OTHER AMOUNTS DUE.
(A) Payment by City. In the event and to the extent (1) the City uses municipal collection forces directly for the haulage of Controllable Waste to the Waste Infrastructure System or (2) the City uses non-municipal Franchise Haulers for collection but nonetheless elects to pay the Contract Rate and other amounts due from City revenues, the City, as its own Franchise Hauler, shall have direct responsibility for payment of the Contract Rate and other amounts due, and shall take all such budgetary, appropriation and other action as may be necessary to provide for the timely payment of the Contract Rate and other amounts due. Such action may include, depending upon the means authorized by the City to provide for such payment, the levy and collection of general or special taxes, the imposition of benefit assessments, or the collection of user fees, generator charges or other similar impositions for municipal solid waste disposal. The City shall use best efforts in accordance with Applicable Law to levy and impose all such taxes, assessments, fees or charges, and will take all steps, actions and proceedings for the enforcement, collection and payment of all such amounts which shall become delinquent, to the full extent permitted by Applicable Law.
(B) Payment by Franchise Haulers. With respect to Controllable Waste delivered by Franchise Haulers on behalf of City other than City municipal collection forces, the obligation to pay the Contract Rate and other amounts due shall rest with such Franchise Haulers. Franchise Hauler shall pay the Contract Rate or other amounts due or any portion thereof when due. In the event of any such failure by Hauler, the County and the City shall cooperate with each other and use their best efforts to obtain timely payment from Franchise Hauler. Such efforts by the County may include, as appropriate, requiring cash payments for disposal rights from such Franchise Hauler and bringing a legal proceeding for payment and damages. Such efforts by the City may include, as appropriate, legal proceedings to suspend, revoke or terminate the Franchise Hauler’s franchise, permit or license rights. (C) Disputes. If the City or the Franchise Hauler disputes any amount billed by the County in any Billing Statement, the City or the Franchise Hauler shall nonetheless pay the billed amount and shall provide the County with written objection within thirty (30) days of the receipt of such Billing Statement indicating the amount that is being disputed and providing all reasons then known to the City or the Franchise Hauler for any objection to or disagreement with such amount. If the City or the Franchise Hauler and the County are not able to resolve such dispute within thirty (30) days after the City’s or the Franchise Hauler’s objection, either party may pursue appropriate legal remedies.
SECTION 4.4 BILLING OF THE CONTRACT RATE OR OTHER AMOUNTS DUE. The County shall continue to bill Contract Rates and other amounts due after the Commencement Date, in the same manner as it has customarily billed tipping fees. Subject to the other provisions of this Agreement, the County shall have the right to modify or amend such manner of billing on reasonable notice to affected parties.
SECTION 4.5 RESTRICTED RESERVES. For purposes of this Agreement, “Restricted Reserves” means cash and other reserves of the Waste Infrastructure System which are restricted to specific uses or are otherwise being reserved by the County to meet its obligations hereunder throughout the term of the Agreement with respect to the Waste Infrastructure System pursuant to any Applicable Law, contract, adopted budget, budgetary policy of the County with respect to the Waste Infrastructure System, or other arrangement. Such cash and other reserves are not required to be deposited in separate accounts or funds in order to constitute “Restricted Reserves” hereunder, and may be commingled with Unrestricted Reserves or other funds of the County attributable to the Waste Infrastructure System. “Restricted Reserves” shall include, but not be limited to, the following:
(i) reserves for closure of components of the Waste Infrastructure System to the extent required by Applicable Law;
1676
(ii) amounts reserved by the County for funding of post closure maintenance and monitoring with respect to components of the Waste Infrastructure System; (iii) reserves established to protect the Waste Infrastructure System against the adverse financial impact of potential decreases in waste deliveries pursuant to Section 4.2(B); (iv) amounts reserved to pay the costs of capital improvements with respect to the Waste Infrastructure System;
(v) amounts funded from revenues during the early years of the term of the Agreement reserved to enable the County to provide disposal services for the Contract Rate during the later years of the Agreement; (vi) amounts temporarily held by the County prior to payment to the State or other Governmental Bodies pursuant to Applicable Law (including any fees or charges payable to CalRecycle); (vii) reserves required to meet bond covenants pursuant to financing agreements for Waste Infrastructure System assets to the extent such amounts must be legally separate and distinct from other reserves identified in this Section;
(viii) security deposits from landfill deferred payment program users; (ix) amounts held by the County in the Environmental Fund (provided, however, that such amounts in the Environmental Fund will be made available and used by the County if required to pay costs relating to environmental remediation or other related costs);
(x) AB 939 surcharges;
(xi) amounts held by the County in the Corrective Action Fund held pursuant to CCR Title 27 to demonstrate financial assurance to pay for potential groundwater contamination; and (xii) an amount equal to three (3) months of budgeted expenses for the Disposal System for the current fiscal year, representing working capital of the Disposal System.
SECTION 4.6 AUDITED FINANCIAL STATEMENTS. The County shall annually, on or before January 1 each year, prepare or cause to be prepared and have on file for inspection an annual report for the preceding Contract Year, accompanied by a certificate of an independent public accountant or of the County Auditor and Controller as to the examination of the financial statements therein (describing such statements as fairly presenting the information therein in conformity with generally accepted accounting principles) relating to the Waste Infrastructure System, services, and the fiscal activities of the OC Waste Disposal Enterprise Fund, and including statements in reasonable detail of the financial condition of the OC Waste Disposal Enterprise Fund as of the end of the Contract Year and revenue and expenses for the Contract Year.
SECTION 4.7 ANNUAL UPDATE OF TEN-YEAR FINANCIAL PROJECTION. The County shall annually, on or before May 1 of each year, prepare or cause to be prepared, an updated Ten-Year Financial Projection for the Waste Infrastructure System. Said Financial Projection shall include at least two full years of prior actual data and ten years of future projections including the following elements:
1. County Acceptable Waste, in tons;
2. Imported Acceptable Waste, in tons;
3. Revenues and expenditures;
4. Cash fund balances, including all monies in the County Solid Waste Enterprise Fund, with specific delineation of monies in the Environmental Fund, Restricted Reserves, Unrestricted Reserves, and all other funds of the System; and
5. Projected liabilities for closure and post closure as well as reasonable reserves for 1677
other environmental costs.
The purpose of the Ten-Year Financial Projection is to keep the City fully informed about the future financial condition of the Waste Infrastructure System. The County shall cause a copy of the Ten-Year Financial Projection to be delivered to the City Manager/General Manager of the City no later than May 1 of each year. Upon request, the County shall make available to the Cities supporting information related to the ten-year financial projection Within thirty (30) calendar days of finalizing each annual update of the Ten-Year Projection, County shall transmit the Ten-Year Projection via email to the City and OCCMA. If requested by the City or OCCMA, the County shall reasonably respond to requests from the City and/or OCCMA for additional information including, but not limited to, requests to meet and discuss the updated Ten-Year Projections at the next regularly scheduled OCCMA meeting or other forum mutually agreed to by the County and OCCMA.
ARTICLE V
BREACH, ENFORCEMENT AND TERMINATION
SECTION 5.1 BREACH. The Parties agree that in the event either Party breaches any obligation under this Agreement or any representation made by either Party hereunder is untrue in any material respect, the other Party shall have the right to take any action at law or in equity (including actions for injunctive relief, mandamus and specific performance) it may have to enforce the payment of any amounts due or the performance of any obligations to be performed hereunder. Neither Party shall have the right to terminate this Agreement except as provided in Section 5.2 and Section 5.3 hereof or as otherwise provided in this Agreement.
SECTION 5.2 CITY CONVENIENCE TERMINATION. The City shall have the right to terminate this Agreement in its sole discretion, for its convenience and without cause at any time during the Term hereof upon ninety (90) days’ written notice to the County. If the City exercises its rights to terminate the Agreement pursuant to this Section, the City shall pay the County a termination fee equal to the Contract Rate in effect at the time of such termination (or any higher rate with respect to which the County has provided notice pursuant to Section 4.2) multiplied by the number of tons of City Acceptable Waste delivered to the Disposal System during the preceding twelve (12) months (or, if the City had been in breach of the Waste Disposal Covenant during such prior months, such amount as would have been delivered if the City had complied with the Waste Disposal Covenant), multiplied by the number of years remaining in the Term of the Agreement.
SECTION 5.3 TERMINATION.
(A) By City. Except as expressly provided herein, the City shall have no right to terminate this Agreement for cause except in the event of the failure or refusal by the County substantially to perform any material obligation under this Agreement unless such failure or refusal is excused by an Uncontrollable Circumstance; except that no such failure or refusal shall give the City the right to terminate this Agreement for cause under this subsection unless:
(1) The City has given prior written notice to the County stating that a specified failure or refusal to perform exists which will, unless corrected, constitute a material breach of this Agreement on the part of the County and which will, in its opinion, give the City the right to terminate this Agreement for cause under this subsection unless such breach is corrected within a reasonable period of time, and (2) The County has neither challenged in an appropriate forum (in accordance with Section 5.5) the City’s conclusion that such failure or refusal to perform has occurred or constitutes a material breach of this Agreement nor corrected or diligently taken steps to correct such breach within a reasonable period of time not more than ninety (90) days from the date of the notice given pursuant to clause (1) of this subsection (but if the County shall have diligently taken steps to correct such breach within such reasonable period of time, the same shall not constitute a breach giving rise to the right of termination for as long as the County is continuing to take such steps to correct such breach).
(B) By County. Except as expressly provided herein, the County shall have no right to terminate this Agreement for cause except in the event of the failure or refusal by the City or its Franchise Hauler to substantially perform any material obligation under this Agreement unless such failure or refusal is excused by an Uncontrollable Circumstance; except that no such failure or refusal shall give the County the right to terminate this Agreement for 1678
cause under this subsection unless:
(1) The County has given prior written notice to the City stating that a specified failure or refusal to perform exists which will, unless corrected, constitute a material breach of this Agreement on the part of the City and which will, in its opinion, give the County right to terminate this Agreement for cause under this subsection unless such breach is corrected within a reasonable period of time, and (2) The City has neither challenged in an appropriate forum (in accordance with Section 5.5) the County’s conclusion that such failure or refusal to perform has occurred or constitutes a material breach of this Agreement nor corrected or diligently taken steps to correct such breach within a reasonable period of time not more than ninety (90) days from the date of the notice given pursuant to clause (1) of this subsection (but if the City shall have diligently taken steps to correct such breach within such reasonable period of time, the same shall not constitute a breach giving rise to the right of termination for as long as the City is continuing to take such steps to correct such breach).
SECTION 5.4 NO WAIVERS. No action of the County or the City pursuant to this Agreement (including, but not limited to, any investigation or payment), and no failure to act, shall constitute a waiver by either Party of the other Party’s compliance with any term or provision of this Agreement. No course of dealing or delay by the County or the City in exercising any right, power or remedy under this Agreement shall operate as a waiver thereof or otherwise prejudice such Party’s rights, powers and remedies. No single or partial exercise of (or failure to exercise) any right, power or remedy of the County or the City under this Agreement shall preclude any other or further exercise thereof of the exercise of any other right, power or remedy.
ARTICLE VI
TERM
SECTION 6.1 EFFECTIVE DATE AND TERM.
(A) Initial Term. This Agreement shall become effective, shall be in full force and effect and shall be legally binding upon the City and the County from the Contract Date and shall continue in full force and effect until June 30, 2036, unless earlier terminated in accordance with its terms, in which event the Term shall be deemed to have expired as of the date of such termination.
(B) Option to Renew. This Agreement shall be subject to renewal by mutual agreement of the Parties, on or before June 30, 2036 for an additional term of ten (10) years (the “Renewal Term”) on the same terms and conditions as are applicable during the Initial Term hereof or on amended terms as may be mutually agreed to by the Parties. The City shall give the County written notice of its election to renew this Agreement on or before June 30, 2035. If the parties do not execute a renewal of this Agreement prior to June 30, 2036 it shall expire. (C) Contract Rate During Renewal Term. In connection with the parties’ right to renew this Agreement for an additional ten-year term pursuant to Section 6.1(C), the parties shall, on or before January 31, 2036 negotiate an applicable change in the Contract Rate for such renewal term. In determining any revisions to the Contract Rate to be applicable during any renewal period, in addition to the circumstances described in Section 4.2(A), the parties may take into consideration the following parameters, including but not limited to:
(i) actual cost of operations;
(ii) population growth;
(iii) increase or decrease in available tonnage;
(iv) economic and disposal market conditions in the Southern California region; (v) new regulatory requirements;
(vi) Changes in Law;
1679
(vii) changes in transportation and technology;
(viii) closure and expansion of nearby landfills;
(ix) capacity of the Disposal System;
(x) provision of new and/or expanded services; and
(xi) available reserves which are in excess of the amount reasonably required as reserves.
(D) Survival; Accrued Rights. The rights and obligations of the parties hereto pursuant to Sections 3.1(E)(2), 5.1, 5.3, 7.2, 7.3, 7.6, 7.7, 7.8, and 7.9 hereof shall survive the termination or expiration of this Agreement, and no such termination or expiration shall limit or otherwise affect the respective rights and obligations of the parties hereto accrued prior to the date of such termination or expiration. At the end of the Term of this Agreement, all other obligations of the parties shall terminate.
SECTION 6.2 COMMENCEMENT DATE.
(A) Obligations of the Parties Prior to the Commencement Date. The Parties acknowledge that the Agreements may be executed and delivered on different dates and that, except as provided in this subsection, neither the County nor the City shall be obligated to perform its obligations hereunder until the Participation Threshold provided herein has been met and the other conditions to the occurrence of the Commencement Date have occurred.
Prior to the Commencement Date, each Party hereto shall at its own expense exercise good faith and due diligence and take all steps within its reasonable control in seeking to satisfy the conditions to the Commencement Date set forth herein as soon as reasonably practicable. The County and the City, each at its own expense, shall cooperate fully with each other and the other Participating Cities in connection with the foregoing undertaking. Until the Commencement Date occurs, the Original WDAs shall remain in full force and effect until they expire or are terminated. (B) Condition to the Commencement Date. The Commencement Date for the Agreement shall be the date on which Participating Cities reach the Participation Threshold. Unincorporated County is assumed to be a Participating City for the purposes of determining the Commencement Date in accordance with this Section 6.2(b) and Appendix 1 of this Agreement.
(C) Satisfaction of Condition and Commencement Date. Upon the satisfaction or waiver of the condition to the Commencement Date, the County shall give written notice thereof to the Cities which have theretofore executed Agreements. The parties shall thereupon hold a formal closing acknowledging the satisfaction or waiver of the condition to the Commencement Date, certifying that the Commencement Date has occurred and designating the Participating Cities. Copies of all of the documents or instruments constituting or evidencing satisfaction of the Commencement Date conditions shall be furnished to each party prior to or on the Commencement Date. (D) Newly Incorporated Cities. Any city within Orange County which becomes incorporated after the Commencement Date shall upon request be offered the opportunity by the County to become a Participating City on substantially the same terms and conditions as this Agreement. (E) Failure of Condition. If by June 30, 2026, or such later date as the County may agree, the condition to the Commencement Date specified in this Section is not satisfied, either party hereto may, by notice in writing to the other party, terminate this Agreement. Neither party shall be liable to the other for the termination of this Agreement pursuant to this subsection, and each of the parties shall bear its respective costs and expenses incurred in seeking to satisfy the condition to the Commencement Date.
ARTICLE VII
GENERAL PROVISIONS
SECTION 7.1 OPERATION AND MAINTENANCE OF THE WASTE INFRASTRUCTURE SYSTEM.
The County, at its cost and expense through the County Solid Waste Enterprise Fund, shall at all times operate, or caused to be operated, the Waste Infrastructure System in accordance with Applicable Law and the operating rules and regulations of the Department and other applicable regulatory agencies. 1680
SECTION 7.2 UNCONTROLLABLE CIRCUMSTANCES GENERALLY.
(A) Performance Excused. Except as otherwise specifically provided in this Agreement, neither the County nor the City shall be liable to the other for any failure or delay in the performance of any obligation under this Agreement (other than any payment at the time due and owing) to the extent such failure or delay is due to the occurrence of an Uncontrollable Circumstance.
(B) Notice, Mitigation. The Party experiencing an Uncontrollable Circumstance shall notify the other Party by telecommunication or telephone and in writing, on or promptly after the date the Party experiencing such Uncontrollable Circumstance first knew of the commencement thereof, followed within fifteen (15) days by a written description of (1) the Uncontrollable Circumstance and the cause thereof (to the extent known), (2) the date the Uncontrollable Circumstance began and the cause thereof, its estimated duration, the estimated time during which the performance of such Party’s obligations hereunder will be delayed, (3) the estimated amount, if any, by which the Contract Rate may need to be adjusted as a result of such Uncontrollable Circumstance, (4) its estimated impact on the other obligations of such Party under this Agreement and (5) potential mitigating actions which might be taken by the County or City and any areas where costs might be reduced and the approximate amount of such cost reductions. Each Party shall provide prompt written notice of the cessation of such Uncontrollable Circumstance. Whenever such act, event or condition shall occur, the Party claiming to be adversely affected thereby shall, as promptly as reasonably possible, use its best efforts to eliminate the cause therefor, reduce costs and resume performance under this Agreement. In addition, with respect to Changes in Law, the County shall diligently contest any such changes the imposition of which would have a material adverse impact on the Waste Infrastructure System. While the delay continues, the County or City shall give notice to the other Party, before the first day of each succeeding month, updating the information previously submitted.
(C) Impact on Contract Rate. If and to the extent that Uncontrollable Circumstances interfere with, delay or increase the cost to the County of meeting its obligations hereunder and providing Waste Infrastructure Services to the Participating Cities in accordance herewith, the County shall be entitled to an increase in the Contract Rate as provided in Section 4.2 herein or an extension in the schedule for performance equal to the amount of the increased cost or the time lost as a result thereof. The proceeds of any insurance available to meet any such increased cost shall be applied to such purpose prior to any determination of cost increases payable under this subsection. Any cost reductions achieved through the mitigating measures undertaken by the County pursuant to subsection 7.2(B) hereof upon the occurrence of an Uncontrollable Circumstance shall be reflected in a reduction of the amount by which the Contract Rate would have otherwise been increased or shall serve to reduce the Contract Rate to reflect such mitigation measures, as applicable.
SECTION 7.3 INDEMNIFICATION. To the extent permitted by law, the County agrees that, it will protect, indemnify, defend (with counsel selected by County) and hold harmless the City from and against all Loss-andExpense arising from the City’s activity as an “arranger” (for purposes of and as such term is defined under CERCLA or comparable State statutes) of municipal solid waste disposal pursuant to this Agreement. In the event the City shall determine for any reason, other than a disabling conflict of interest, that it wishes to be defended by legal counsel other than the legal counsel provided by the County, the cost of providing such legal counsel shall be the City’s sole responsibility. Any costs incurred by the County pursuant to this Section shall be considered an Uncontrollable Circumstance cost and the County shall be entitled to adjust the Contract Rate as provided in subsection 4.2(A) herein.
The County shall not, however, be required to indemnify or defend the City from and against all Loss-and-Expense arising from any willful, knowing, illegal or negligent disposal of hazardous waste (other than incidental amounts of Household Hazardous Waste commonly found in municipal solid waste and permitted to be disposed in Class III landfills under RCRA) which violates the County’s landfill permits or Applicable Law. The parties agree that this provision constitutes an indemnity under CERCLA (to the extent of the specific provisions of this Section). The parties acknowledge that this subsection is not intended to and does not create any obligation on the part of the County to provide any indemnification or defense to any Franchise Hauler, whether franchised or not, or any Independent Hauler or Transfer Station, under any circumstances. The City acknowledges the County’s legitimate interest in actively participating in any defense, litigation or settlement, whether the County or the City provides legal counsel and shall, as a condition to County’s provision of this indemnity, coordinate and cooperate fully with the County in the defense of any claims to which this Section applies.
SECTION 7.4 RELATIONSHIP OF THE PARTIES. Neither party to this Agreement shall have any responsibility whatsoever with respect to services provided or contractual obligations or liabilities assumed by the 1681
other party hereto, whether accrued, absolute, contingent or otherwise, or whether due or to become due. The County is an independent contractor of the City and nothing in this Agreement shall be deemed to constitute either party a partner, agent or legal representative of the other party or to create any fiduciary relationship between the parties.
SECTION 7.5 LIMITED RECOURSE.
(A) To the City. No recourse shall be had to the general funds or general credit of the City for the payment of any amount due the County hereunder, or the performance of any obligation incurred hereunder, including any Loss-and-Expense of any nature arising from the performance or non-performance of the City’s obligations hereunder. If the City maintains a City Solid Waste Enterprise Fund with at least one year’s anticipated costs for disposal and processing of City Acceptable Waste the sole recourse of the County for all such amounts shall be to the funds held in any such City Solid Waste Enterprise Fund. All amounts held in any City Solid Waste Enterprise Fund shall be held for the uses permitted and required thereby, and no such amounts shall constitute property of the County. The City shall make adequate provision in the administration of any City Solid Waste Enterprise Fund for the payment of any amount or the performance of any obligation which may be due hereunder. (B) To the County. No recourse shall be had to the general funds or general credit of the County for the payment of any amount due the City hereunder, or the performance of any obligation incurred hereunder, including any Loss-and-Expense of any nature arising from the performance or non-performance of the County’s obligations hereunder. The sole recourse of the City for all such amounts shall be to the funds held in the County Solid Waste Enterprise Fund in accordance with the terms of this Agreement. All amounts held in the County Solid Waste Enterprise Fund shall be held for the uses permitted and required thereby, and no such amounts shall constitute property of the City. The County shall make adequate provision in the administration of the County Solid Waste Enterprise Fund for the payment of any amount or the performance of any obligation which may be due hereunder.
SECTION 7.6 PRE-EXISTING RIGHTS AND LIABILITIES. Nothing in this Agreement is intended to affect, release, waive or modify any rights, obligations or liabilities which any Party hereto may have to or against the other Party as of the Contract Date relating to the receipt of Acceptable Waste in the Waste Infrastructure System or any other related matter.
SECTION 7.7 NO VESTED RIGHTS. The City shall not acquire any vested property, license or other rights in the Waste Infrastructure System by reason of this Agreement.
SECTION 7.8 LIABILITY FOR COLLECTION, TRANSPORTATION AND PROCESSING. Any liability incurred by the City as a result of collecting, transporting or processing of Acceptable Waste, or as a result of causing, franchising, permitting, licensing, authorizing or arranging any of the foregoing, shall be the sole liability of City, except as expressly otherwise provided herein.
SECTION 7.9 NO CONSEQUENTIAL OR PUNITIVE DAMAGES. In no event shall either Party hereto be liable to the other or obligated in any manner to pay to the other any special, incidental, consequential, punitive or similar damages based upon claims arising out of or in connection with the performance or non- performance of its obligations or otherwise under this Agreement, or the material inaccuracy of any representation made in this Agreement, whether such claims are based upon contract, tort, negligence, warranty or other legal theory.
SECTION 7.10 AMENDMENTS. Neither this Agreement nor any provision hereof may be changed, modified, amended or waived except by written agreement duly authorized and executed by both Parties.
SECTION 7.11 NOTICE OF LITIGATION. Each Party shall deliver written notice to the other of any Legal Proceeding to which it is a party and which questions the validity or enforceability of this Agreement executed by the City or the County or any Legal Entitlement issued in connection herewith.
SECTION 7.12 FURTHER ASSURANCES. At any and all times the City and the County so far as may be authorized by law shall pass, make, do, execute, acknowledge and deliver any and every such further resolutions, acts, deeds, conveyances, instruments, assignments, transfers and assurances as may be necessary or reasonably requested by the other in order to give full effect to this Agreement.
SECTION 7.13 ASSIGNMENT OF AGREEMENT.
1682
(A) Assignment. Neither this Agreement nor any of the rights or obligations hereunder may be assigned by either Party hereto without the prior written consent of the other Party, which may be withheld in the other Party’s sole discretion. Notwithstanding the foregoing, either Party may assign this Agreement to another public entity, subject to the reasonable consent of the other party. In such circumstances the Party not requesting the assignment shall have the right to demand assurances of the financial, technical and legal ability of the proposed assignee to undertake the responsibilities and obligations of the assigning Party. (B) Sale. The County shall not enter into any agreement for the sale of the Waste Infrastructure System which provides for an effective date for such sale prior to the termination of this Agreement.
SECTION 7.14 INTEREST ON OVERDUE OBLIGATIONS. Except as otherwise provided herein, all amounts due hereunder, whether as damages, credits, revenue or reimbursements, that are not paid when due shall bear interest at the Overdue Rate on the amount outstanding from time to time, on the basis of a 365-day year, counting the actual number of days elapsed, and all such interest accrued at any time shall, to the extent permitted by Applicable Law, be deemed added to the amount due, as accrued.
SECTION 7.15 BINDING EFFECT. This Agreement shall bind and inure to the benefit of the Parties hereto and any successor or assignee acquiring an interest hereunder consistent with the provisions of Section 7.13 hereof.
SECTION 7.16 NOTICES. Any notice or communication required or permitted hereunder shall be in writing and sufficiently given if delivered in person or sent by certified or registered mail, postage prepaid, to the notice address of the respective Parties set forth on the cover page of this Agreement. Changes in the respective addresses to which such notices may be directed may be made from time to time by any Party by notice to the other Party.
Section 7.17 ATTORNEYS FEES. In any action or proceeding to enforce or interpret any provision of this Agreement, each Party shall bear their own attorney’s fees, costs and expenses.
Signature Page to Follow
1683
IN WITNESS WHEREOF, COUNTY and CITY have caused this Agreement to be executed by their duly authorized officers or representatives as of the day and year first above written.
COUNTY OF ORANGE
Date By
Director, OC Waste & Recycling
APPROVED AS TO FORM:
COUNTY COUNSEL
ORANGE COUNTY, CALIFORNIA
By
Date
Date By
Andy Hall
City Manager
City of San Clemente
APPROVED AS TO FORM:
By
Elizabeth A. Mitchell, City Attorney
Date
1684
APPENDIX 1
ESTIMATED ANNUAL TONNAGE
1685
APPENDIX 1
PERCENTAGE OF COUNTY ACCEPTABLE WASTE ATTRIBUTABLE TO PARTICIPATING CITIES FOR PURPOSE OF SECTIONS 3.6(F) AND 6.2(b)
Jurisdiction Percentage of County
Acceptable Waste
Aliso Viejo 0.82%
Anaheim 14.78%
Brea 2.62%
Buena Park 1.02%
Costa Mesa/Costa Mesa Sanitary District (2) 3.41%
Cypress 0.85%
Dana Point 1.33%
Fountain Valley 1.63%
Fullerton 4.08%
Garden Grove Sanitary District (Garden Grove) 4.74%
Huntington Beach 5.91%
Irvine 9.64%
La Habra 1.72%
La Palma 1.27%
Laguna Beach 1.18%
Laguna Hills 0.89%
Laguna Niguel 1.44%
Laguna Woods 0.28%
Lake Forest 2.14%
Los Alamitos 0.33%
Midway City Sanitary District (Westminster) 2.47%
Mission Viejo 2.33%
Newport Beach 3.58%
Orange 5.25%
Placentia 1.39%
Rancho Santa Margarita 1.03%
San Clemente 2.43%
San Juan Capistrano 2.93%
Santa Ana 9.45%
Seal Beach 0.52%
Stanton 1.47%
Tustin 2.04%
Unincorporated Orange County (1) 3.19%
Villa Park 0.16%
Yorba Linda 1.68%
Total 100%
(1) Unincorporated County Area is assumed to be a Participating City for the purposes of determining the Commencement Date in accordance with Section 6.2(b) of this Agreement. For the distribution of Net Import Revenues, the County of Orange shall receive 50% of any Net Import Revenues received in accordance with Section 3.6(F)(2)(i) of this Agreement. The County of Orange shall also receive the Unincorporated Area distribution set forth in this Appendix 1, as periodically modified in accordance with Section 3.6(F)(2)(ii) of this Agreement. (2) The City of Costa Mesa and the Costa Mesa Sanitation District have separate WISE Agreements. Costa Mesa Sanitation District Acceptable Waste tonnage is based on City of Costa Mesa Acceptable Wate tonnage and Importation Revenue is calculated based on City of Costa Mesa Acceptable Waste tonnage delivered to the Waste Infrastructure System. 1686
(3) NOTE: A participating City will only be included for purposes of determining the Commencement Date upon (i) execution of a WISE Agreement by that Participating City and (ii) execution of a Hauler Acknowledgement(s) by the Franchise Hauler(s) operating within such Participating City.
1687
APPENDIX 2
CUMULATIVE TONNAGE
1688
APPENDIX 2
Cumulative County Acceptable Waste Tonnage Target to be Used for Purposes of Section 4.2(B)
Fiscal Year
(Ending June 30)
County Acceptable Waste
Tonnage
Cumulative County Acceptable
Waste Tonnage
2026 3,343,282 3,343,282
2027 3,278,595 6,621,877
2028 3,029,924 9,651,801
2029 2,982,454 12,634,255
2030 2,411,983 15,046,238
2031 2,261,201 17,307,439
2032 2,225,152 19,532,591
2033 2,181,838 21,714,429
2034 2,187,041 23,901,470
2035 2,219,362 26,120,832
2036 2,224,792 28,345,624
1689
APPENDIX 3
CUMULATIVE CAPITAL COSTS
1690
APPENDIX 3
CUMULATIVE CAPITAL COSTS
to be Used
for Purposes of Section 4.2(A)vi
Fiscal Year
(Ending June 30) Annual Capital Costs Cumulative Capital Costs 2026 $72,599,664 $72,599,664
2027 $79,950,000 $152,549,664
2028 $155,135,000 $307,684,664
2029 $136,185,000 $443,869,664
2030 $41,171,500 $485,041,164
2031 $16,745,000 $501,786,164
2032 $18,165,000 $519,951,164
2033 $36,605,000 $556,556,164
2034 $30,100,000 $586,656,164
2035 $1,510,000 $588,166,164
2036 $25,000,000 $613,166,164
1691
APPENDIX 4
FRANCHISE HAULER ACKNOWLEDGMENT
1692
FRANCHISE HAULER ACKNOWLEDGMENT
THIS FRANCHISE HAULER ACKNOWLEDGMENT, dated as of_______________(the “Acknowledgment”), and between the City of San Clemente (the “City”) and CR&R Incorporated (the “Franchise Hauler”).
WITNESSETH
WHEREAS, the City and the Franchise Hauler have heretofore entered into an agreement entitled 2 nd
Amended and Restated Agreement between the City of San Clemente and CR&R Incorporated for Solid Waste Handling Services dated as of November 19, 2024 (the “Franchise”); and WHEREAS, the City has issued to the Franchise Hauler a permit, license, approval or other authorization the “Authorization”) which allows the Franchise Hauler to provide solid waste collection services within the City; and WHEREAS, the Franchise Hauler provides for the collection and disposal of certain municipal solid waste as described therein (“Franchise Waste”) generated within the City; and WHEREAS, the County of Orange (the “County”) owns, manages and operates a Waste Infrastructure System that is permitted to accept or process Acceptable Waste for disposal or diversion; and WHEREAS, the City and the County have heretofore entered into a Waste Infrastructure System Enterprise Agreement (the “WISE Agreement”), dated as of______________; and WHEREAS, the WISE Agreement details responsibilities for disposal of municipal solid waste and may include processing of identified Organic Waste for diversion, generated within the boundaries of the City, and determine that the execution of the WISE Agreement will serve the public health, safety and welfare of the residents of the City and County, by maintaining public ownership and stewardship over the Waste Infrastructure System and providing disposal rate stability, predictable and reliable long-term disposal service, enhanced organics processing to assist the City in meeting its organics diversion requirements, and the continuation of sound environmental management; and WHEREAS, under the WISE Agreement, the County has agreed to provide long-term disposal of all municipal solid waste generated within the City and may also provide for Organic Waste processing under an OSA and the City has agreed to exercise all legal, and contractual power which it possesses from time to time to deliver or cause the delivery of such waste to the Waste Infrastructure System; and WHEREAS, the provisions of the WISE Agreement guarantee capacity for the long term disposal and processing of waste at specified rates generated in the City provide significant benefits to the Franchise Hauler; WHEREAS, notwithstanding any Franchise provisions to the contrary, the Franchise Hauler explicitly acknowledges the aforementioned benefits to the City, the County and the Franchise Hauler in providing for the disposal of all Franchise Waste to the Waste Infrastructure System; and WHEREAS, the City and the Franchise Hauler desire to enter into this Acknowledgment to assure that the City and the Franchise Hauler will be entitled to the benefits of the WISE Agreement and to assure conformity with the waste delivery obligations which have been agreed to by the City under the WISE Agreement through the delivery of waste by the Franchise Hauler to the Waste Infrastructure System; and WHEREAS, the Franchise Hauler’s agreement to deliver Franchise Waste to the Disposal System under this Acknowledgment is given in consideration of the Franchise Hauler’s right to receive the Contract Rate for such disposal and processing as provided in the WISE Agreement.
NOW, THEREFORE, in consideration of the premises and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto, intending to be legally bound hereby, agree as follows:
1. Capitalized terms used and not otherwise defined herein are used as defined in the WISE Agreement.
2. The Franchise Hauler hereby waives any right which it may possess under applicable law to contest 1693
on any ground, constitutional, statutory, case law, administrative or otherwise, (a) the right, power or authority of the County or the City to enter into or perform their respective obligations under the WISE Agreement, (b) the enforceability against the County or the City of the WISE Agreement, or (c) the right, power or authority of the City to deliver or cause the delivery of all Controllable Waste to the Disposal System in accordance with this Acknowledgment.
3. The City and the Franchise Hauler each hereby represent that this Acknowledgment has been duly authorized by all necessary action of their respective governing bodies.
4. The Franchise Hauler shall deliver or cause to be delivered all Controllable Waste (including all Residue from the processing by any means, wherever conducted, of Controllable Waste), to the Designated Facility in the Waste Infrastructure System/Disposal System, and shall otherwise assist the City in complying with its obligations under the Waste Disposal Covenant in Section 3.1 of the WISE Agreement.
5. Unless expressly authorized by the Department, the Franchise Hauler shall only haul Controllable Waste to the Designated Facility.
6. The Franchise Hauler shall not haul Controllable Waste to any materials recovery facility, composting facility, intermediate processing facility, recycling center, transfer station or other waste handling or management facility unless the contract or other agreement or arrangement between the Franchise Hauler and the operator of such facility is sufficient in the opinion of the County to assure that the Residue from such facility constituting City Acceptable Waste (or Tonnage equivalencies) and the City Acceptable Waste transferred by such facility shall be delivered to the Disposal System in compliance with the Waste Disposal Covenant.
7. The Franchise Hauler shall pay the Contract Rate imposed by the County for the disposal of all Controllable Waste, which rate shall be subject to potential adjustment necessary to reflect the circumstances set forth in the Agreement.
8. Nothing in this Acknowledgment is intended to restrict any right or responsibility explicitly given the Franchise Hauler in any City Franchise Agreement to recycle City Acceptable Waste, except as provided in paragraph 5 above with respect to Residue from any such recycling operations.
9. The obligations of the Franchise Hauler under this Acknowledgment shall apply notwithstanding any provision of the Franchise which may conflict herewith.
10. This Acknowledgment may be enforced by the City by any available legal means. In any enforcement action by the City, the burden of proof shall be on the Franchise Hauler to demonstrate compliance herewith.
11. This Acknowledgment shall be in full force and effect and shall be legally binding upon the City and Franchise Hauler from the date hereof and shall continue in full force and effect until the earlier of (i) the end of the term of the Franchise or (ii) the end of the Term of the WISE Agreement.
12. The City and Franchise Hauler agree that the County shall be an express third-party beneficiary of this Acknowledgment, and shall be entitled to independently enforce the obligations of the Franchise Hauler hereunder.
There shall be no additional third party beneficiaries under this Acknowledgement.
13. The Franchise Hauler agrees to assist the County in verifying tonnage collected by the Franchise Hauler and providing information required by the County. The Franchise Hauler will provide upon request refuse tonnage collected within the County, and outside the County (if relevant to confirming tonnage origination), separated by jurisdiction, by load type (residential, commercial, roll-off box, etc.), and by facility to which it was delivered (specify which landfill or transfer station). Hauler will provide customer service levels and route lists. The Franchise Hauler will cooperate with County audits to verify reported origin of tonnage by making records and personnel available to the County and/or its auditors.
1694
IN WITNESS WHEREOF, the parties have caused this Acknowledgment to be executed by their duly authorized officers or representatives as of day of , 2026.
Signature:
Printed Name: Rick Loeffler
Title: Mayor of San Clemente
APPROVED AS TO FORM:
By
Elizabeth A. Mitchell, City Attorney
Date
(Franchise Hauler)
Signature:
Printed Name:
Title:
1695
Appendix 5
ORGANIC SERVICES AGREEMENT
1696
Appendix 5
ORGANIC SERVICES AGREEMENT
Between
THE COUNTY OF ORANGE, CALIFORNIA
and
__________________________
Dated , 2025
County Authorization Date: City Authorization Date:
County Notice Address:
Director
OC Waste & Recycling
601 N. Ross Street 5th Floor
Santa Ana, CA 92701
City Notice Address:
1697
ORGANIC SERVICES AGREEMENT
THIS ORGANIC SERVICES AGREEMENT (“Organics Agreement” or “OSA”) is made and dated as of the date indicated on the cover page hereof between the County of Orange, a political subdivision of the State of California (the “County”), and the City designated on the cover page of this Agreement (the “City”). County and City may hereinafter be referred to singularly as “Party” or collectively as “Parties.”.
RECITALS
The County owns, manages and operates a Waste Infrastructure System to manage municipal and solid waste generated within the County of Orange or imported from outside the County pursuant to contractual agreements. The Waste Infrastructure System collectively includes active Class III sanitary landfills (“County Landfills”), resource recovery, recycling and organics programs, infrastructure and operations, and regional household hazardous waste collection centers and other waste management related systems as may be deemed necessary by the County.
County Landfills are used for the management of municipal solid waste pursuant to legislation including but not limited to the California Integrated Waste Management Act of 1989 (Division 30 of the California Public Resources Code) (the “Act”) and the Short-lived Climate Pollutants Reduction Act (“SB 1383”). County Landfills are also subject to other State and federal regulations designed to ensure that landfill operations minimize the impacts to public health and safety and the environment.
Pursuant to Resolution, the County established the Waste Management Enterprise Fund pursuant to Government Code §25261 to ensure that all costs associated with the operation and management of the Waste Infrastructure System are financed by charges imposed for services provided by the Department and are not funded by tax revenue or the County General Fund.
The City, in the exercise of its police power, its powers under the Act, and other Applicable Law, has entered into a franchise or other agreement with or issued permits or licenses to one or more private haulers for the collection, recycling, diversion and disposal of municipal solid waste generated within the City.
A significant portion of municipal solid waste generated within the City historically has been and currently is delivered by such hauler or haulers to the County for disposal in the Disposal System.
Since 1997, the City and the County have provided for the management of municipal solid waste through Waste Disposal Agreements (“WDAs”), wherein the County agreed to provide disposal capacity for waste generated in the City, and the City agreed to deliver or cause the delivery of waste generated in the City to the Disposal System, as more specifically set forth in, and subject to the terms and conditions of the WDAs.
Starting in approximately 2014, the Legislature of the State of California passed several pieces of legislation (“Organics Legislation”) that require significant reductions in the disposal of Organic Waste. The purpose of the Organics Legislation is to mandate organics recycling and curtail the impacts of climate change by reducing greenhouse gas emissions such as methane. In this regard, the decomposition of organic material in the State’s landfills was identified as a significant source of methane that could be reduced.
Prior to the passage of Organics Legislation, Processed Green Material (“PGM”) could be utilized as Alternative Daily Cover (“ADC”) for landfill operations and qualified for diversion credit. However, passage of Assembly Bill 1594 resulted in PGM used as ADC no longer being eligible for diversion credit starting on January 1, 2020.
In addition to the loss of diversion eligibility for PGM used as ADC, SB 1383 requires a 50% reduction in the disposal of Organic Waste by January 1, 2020 and a 75% reduction of Organic Waste by January 1, 2025. In addition, the law requires 20% of edible food waste be recovered by 2025.
On April 23, 2019, the Orange County Board of Supervisors passed Resolution 19-031 to respond to the State’s increasing landfill diversion requirements and identified the need for additional organic processing infrastructure in the County and directed the Department to develop additional organics recycling infrastructure to support the region in meeting State organic recycling mandates. (See Attachment 4) 1698
To respond to Organics Legislation requirements, the County has developed an Organics Infrastructure that is comprised of organic processing facilities to receive and process Organic Waste to support the State’s Organic Legislation goals, promote local recycling, assist local jurisdictions in meeting their organic diversion requirements and correspondingly conserve capacity in the Disposal System.
In their effort to continue the concepts and purposes outlined in the WDAs and respond to Organics Legislation, the City and the County desire to enter into this Organics Agreement, on the terms and conditions set forth herein.
With the exception of the terms and organic specific provisions found in this Organics Agreement, the Parties intend that the provisions of the currently operative WDA and the replacement WISE Agreement that is being negotiated between the County and City are anticipated to become operative on July 1, 2026, be applied to this OSA.
The City has determined that the execution of this Organics Agreement by the City will serve the public health, safety and welfare of the City by providing enhanced organics processing to assist in the City in meeting its Organics Legislation diversion requirements, and the continuation of sound environmental management.
The County has determined that the execution by the County of this Organics Agreement will serve the public health, safety and welfare by providing a stable, predictable and reliable supply of organic material and the resulting service payment revenue to the Organics Infrastructure, thereby enabling the County to plan, manage, operate and finance improvements to the Organics Infrastructure System on a prudent and sound long term, businesslike basis consistent with its legal and regulatory obligations to the State and Federal government.
Official action approving this Organics Agreement and determining it to be in the public interest and authorizing its execution and delivery was duly taken by the County on the County authorization date indicated on the cover page hereof.
Official action approving this Organics Agreement and determining it to be in the public interest and authorizing its execution and delivery was duly taken by the City on the City authorization date indicated on the cover page hereof.
It is, therefore, agreed as follows:
ARTICLE I
DEFINITIONS AND INTERPRETATION
SECTION 1.1 DEFINITIONS. The definitions provided in the WDA and yet to be executed WISE Agreement shall be incorporated into this Agreement. The following terms shall be added and have the meanings set forth below.
“Acceptable Organic Waste” means Residential Organic Waste that consists of Green Material/Wood Waste, Agricultural Material, Manure, Vegetative Food Material, Food Waste and other organic material as may be authorized under the County’s Compostable Material Handling Permits. “Attachment” means an attachment to this OSA, as the same may be amended or modified from time to time in accordance with the terms hereof.
“CalRecycle” means the California Department of Resources Recycling and Recovery, which is a branch of the California Environmental Protection Agency. CalRecycle oversees the State’s waste management and waste reduction programs. CalRecycle was established in 2010 to replace the California Integrated Waste Management Board and is responsible for the enforcement of legislation and regulations and diversion requirements applicable to the Waste Infrastructure System.
”City Acceptable Organic Waste” means all Acceptable Organic Waste which was originally discarded by the first generator thereof within the geographical limits of the City and Residue Waste from the foregoing wherever produced, whether withing or outside the City.
1699
“City Organic Tonnage Limit” the maximum amount of Controllable Organic Waste that County is committed to accept under the Organic Service Covenant as provided in Attachment 3. “Commencement Date” means the date on which the obligations of the parties hereto commence. “Contract Date” means the first date on which this OSA has been executed by both parties hereto. “Controllable Organic Waste” means all City Acceptable Organic Waste with respect to which the City has the legal or contractual ability to determine the processing location and procurement requirements as they relate to the City’s Organics Legislation compliance requirements.
“Consumer Price Index” or “CPI” means the Consumer Price Index published by the Bureau of Labor Statistics for Al Urban Consumers: Water and Sewer and Trash Collection Services in U.S. City Average (CUSR0000EHG). In the event the forgoing index is no longer published during the term of this Agreement, such other index identified by the Bureau of Labor Statistics as a replacement or otherwise generally accepted as a replacement shall be used for purposes of this Agreement; and, in the absence thereof, the County Board of Supervisors shall select an index that it determines most closely reflects the forgoing and best implements the intent of this Agreement.
“Initial Term” has the meaning specified in Section 5.1(A) hereof. “Manure/Stable Bedding Program” means the programs used by the County to mix source separated uncontaminated horse manure and stable bedding into its Organic Infrastructure to create organic product. Current permit requirements set a maximum percentage of 20% manure/stable bedding (“Material”) by weight of total incoming feedstock. County agreement to accept Material is subject to payment of the Organic Contract Rate, available capacity, and compliance with the terms found in Attachment 2.
“Organic Contract Rate” has the meaning specified in Section 4.2 hereof. “Organic Diversion Credit” means credit provided to a local jurisdiction or entity for implementing the diversion of Organic Waste from landfilling through specific activities recognized by the Department of Resources Recycling and Recovery (CalRecycle) including composting, anaerobic digestion, or other methods to meet the State’s waste diversion goals and statutes such as Assembly Bill 939, Assembly Bill 341, Assembly Bill 1594, Assembly Bill 1826, and SB 1383 through waste prevention, reuse, and recycling. “Organic Infrastructure” means the County’s organics processing facilities and programs used to recycle and promote the processing and diversion of Organic Waste into compost or other material that qualifies as diversion under Applicable Law as described in more detail in Attachment 1. “Organics Legislation” means organics recycling legislation including Assembly Bill 1594, Assembly Bill 1826, SB1383 and any future legislation pertaining to the management and diversion of Organic Waste. “Organic ROWP Procurement Credit” means credit provided to a jurisdiction to meet their Recovered Organic Waste Procurement Target under SB 1383 by procuring Recovered Organic Waste Products as permitted by CalRecycle.
“Organics Agreement” means this Organic Services Agreement (“OSA”) between the County and the City as the same may be amended or modified from time to time in accordance herewith. “Organic Take-Back Goal” means the programs that City and County will work toward to create City programs that have the goal of City taking back its Proportional Share of finished compost or other Recovered Organic Waste Product for local application.
“Organic Waste” means solid wastes containing material originated from living organisms and their metabolic waste products including, but not limited to, food, green material, landscape and pruning waste, organic textiles and carpets, lumber, wood, paper products, printing and writing paper, manure, biosolids, digestate, and sludges as defined in Title 14 of the California Code of Regulations, Section 18982(a)(46). 1700
“Processed Green Material” (“PGM”) as defined in Title 27, California Code of Regulations §20690(b)(3) means any plant material that is either separated at the point of generation, or separated at a centralized facility that employs methods to minimize contamination. Green material includes, but is not limited to, yard trimmings, untreated wood wastes, paper products, and natural fiber products. Green material does not include treated wood waste, mixed demolition or mixed construction debris, manure, or plant waste from the food processing industry, alone or blended with soil. Processed green material may include varying proportions of wood waste from urban and other sources and shall be ground, shredded, screened, source separated for grain size, or otherwise processed. This PGM standard is the standard that Controllable Organic Waste must meet in order to be accepted at County’s Organic Infrastructure under the OSA.
“Proportional Share” means 60% of the weight of Controllable Organic Waste City delivered by City to County’s Organics Infrastructure.
“Recovered Organic Waste Product” or “ROWP” means compost, mulch, renewable energy (transportation fuel, electricity, and gas for heating) from anaerobic digestion, and electricity from biomass conversion. “Recycled City Organic Waste” means any otherwise Controllable Organic Waste which is separated from Acceptable Organic Waste by the generator thereof and composted by generator at home, community gardens or other processing and which is not placed in Franchise Hauler bin for collection. “Renewal Term” has the meaning specified in Subsection 5.1(C) hereof. “Residential Organic Waste” means Acceptable Organic Waste normally disposed of by or collected from residential (single family and multi-family) residences. "Residual Waste” means any contaminants, inert materials, overs, or Acceptable Organic Waste that could not be processed at the Department’s Organic Infrastructure that required to be dispose within the Disposal System. “Waste Disposal Agreement” (“WDA”) means the currently operative agreement between the Parties for the disposal of municipal solid waste that is currently set to expire on June 30, 2026. With the exception of specific or conflicting provisions provided in this Organics Agreement, the Parties agree that the terms found in the WDA shall be applied to the interpretation of this OSA. For the purpose of interpretation of this OSA, the Parties also intend that the WDA be read to include terms such as Controllable Organic Waste, where appropriate. “Waste Infrastructure System” or “Disposal System” means active Class III sanitary landfills (“County Landfills”), closed landfills managed by the County, resource recovery operations, Organics Infrastructure, recycling and organics programs, infrastructure and operations, and regional household hazardous waste collection centers and other waste management related systems as may be deemed necessary by the County. “Waste Infrastructure System Enterprise Agreement” or “WISE Agreement” means each of the agreement between the parties that is expected to replace the current WDA that is set to expire on June 30, 2026.
SECTION 1.2 INTERPRETATION. In this Agreement, unless the context otherwise requires:
References Hereto. The terms “hereby”, “hereof”, “herein”, “hereunder”, “herewith”, and any similar terms refer to this Agreement, and the term “hereafter” means after, and the term “heretofore” means before, the Contract Date.
Gender and Plurality. Words of the masculine gender mean and include correlative words of the feminine and neuter genders and words importing the singular number mean and include the plural number and vice versa.
Persons. Words importing persons include firms, companies, associations, general partnerships, limited partnerships, trusts, businesstrusts, corporations and other legal entities, including public bodies, as well asindividuals.
Headings. The table of contents and any headings preceding the text of the Articles, Sections and subsections of this Agreement shall be solely for convenience of reference and shall not constitute a part of this Agreement, nor shall they affect its meaning, construction or effect.
1701
No Third Party Beneficiaries. Nothing in this Agreement is intended to confer on haulers or any other person other than the parties hereto and their respective permitted successors and assigns hereunder any rights or remedies under or by reason of this Agreement.
Counterparts. This Agreement may be executed in any number of original counterparts. All such counterparts shall constitute but one and the same Agreement.
Applicable Law and Venue. This Agreement has been negotiated and executed in the State of California and shall be governed by and construed under the laws of the State of California. In the event of any legal action to enforce or interpret this Agreement, the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California, and the parties hereto agree to and do hereby submit to the jurisdiction of such court, notwithstanding Code of Civil Procedure Section 394. Furthermore, the parties specifically agree to waive any and all rights to request that an action be transferred for adjudication to another county.
Severability. If any clause, provision, subsection, Section or Article of this Agreement shall be ruled invalid by any court of jurisdiction, then the parties shall: (1) promptly meet and negotiate a substitute for such clause, provision, subsection, Section or Article which shall, to the greatest extent legally permissible, effect the intent of the parties therein; (2) if necessary or desirable to accomplish item (1) above, apply to the court having declared such invalidity for a judicial construction of the invalidated portion of this Agreement; and (3) negotiate such changes in, substitutions for or additions to the remaining provisions of this Agreement as may be necessary in addition to and in conjunction with items (1) and (2) above to effect the intent of the parties in the invalid provision. The invalidity of such clause, provision, subsection, Section or Article shall not affect any of the remaining provisions hereof, and this Agreement shall be construed and enforced as if such invalid portion did not exist, unless such invalidity frustrates the underlying primary purpose of the Agreement.
ARTICLE II
REPRESENTATIONS AND WARRANTIES
SECTION 2.1 REPRESENTATIONS AND WARRANTIES OF THE CITY. The City represents and warrants that:
(A) Existence. The City is a general law or charter city or a Special District or Sanitary District validly existing under the Constitution and laws of the State. (B) Due Authorization. The City has duly authorized the execution and delivery of this Organics Agreement, and this Organics Agreement has been duly executed and delivered by the City.
SECTION 2.2 REPRESENTATIONS AND WARRANTIES OF THE COUNTY. The County represents and warrants that:
(A) Existence. The County is a political subdivision of the State of California validly existing under the Constitution and laws of the State.
(B) Due Authorization. The County has duly authorized the execution and delivery of this OSA, and this OSA has been duly executed and delivered by the County.
ARTICLE III
DELIVERY AND ACCEPTANCE OF
ORGANIC WASTE AND PROVISION OF
ORGANIC PROCESSING SERVICES
SECTION 3.1 DELIVERY OF ORGANIC WASTE.
(A) Organic Waste Covenant. Subject to the occurrence of the Commencement Date and throughout the Term of this OSA, and subject to available Organic Infrastructure capacity, the City shall exercise all legal and contractual power and authority which it may possess from time to time to deliver or cause the delivery of all Controllable Organic Waste (up to City’s Organic Tonnage Limit as provided in Attachment 3) to the Waste 1702
Infrastructure System in accordance with the terms of this OSA. (B) Recycled City Organic Waste.
1. Non-Mandatory Organic Waste City Programs: The parties hereto acknowledge the responsibility of the City to meet its own recycling and landfill diversion goals contained in the Act and Organics Legislation.
Nothing in this Agreement is intended or shall be interpreted to prohibit or impair the ability of the City to meet such responsibilities, or to restrict the right of the residents, businesses or organizations in the City to practice source separation, recycling, composting or other materials recovery activities, or to restrict the right of the City to conduct, sponsor, encourage or require such activities in any form. No reduction in the amount of Controllable Organic Waste generated in the City and delivered to the Organic Infrastructure by or on behalf of the City which may result from any such source separation or recycling program shall cause the City any liability hereunder (other than potential adjustment to the Organic Contract Rate as may be negotiated by the Parties as authorized under this OSA, and shall not constitute a breach of this Agreement.)
2. Mandatory Organic Waste City Collection Programs: City shall provide data and information to County regarding City’s mandatory Organic Waste collection programs including but not limited to the tonnage of organics collected by the City for diversion under this OSA. The information will be used to provide education and outreach for participation with the goal of minimizing contamination and increasing diversion. (C) Organic Diversion Credit. City shall receive Organic Diversion Credit for City’s Controllable Organic Waste minus any Residual Waste delivered by City and accepted by County and processed into Recovered Organic Waste Product at the County’s Organic Infrastructure. (D) Organic ROWP Procurement Credit. City shall receive Organic ROWP reports for finished recovered organics waste products procured from County that meets the procurement requirements of Title 14 of the California Code of Regulations, Section 18993.1 et seq. City shall receive Organic ROWP Procurement Credit as follows:
1. County will assist City in developing local City programs and opportunities designed to enable the City to meet its own ROWP requirements.
2. City shall be entitled to “take back” its Proportional Share of SB 1383 compliant, STA Certified compost, mulch or other ROWP products from County Organics Infrastructure and used as ROWP Procurement Credit.
3. County will provide reports and allocate credit associated with City resident ROWP pickup as well as commercial landscapers from City that collect ROWP from County Organic Infrastructure.
4. City will be eligible to receive ROWP Procurement Credit for excess Acceptable Recovered Organic Waste Product that County is able to market beyond that needed for the County unincorporated areas or that is not otherwise committed. (*County makes no guarantees that it will provide City with 100% ROWP Procurement Credit.)
(E) Organic Take-Back Goal. City is not required to “take back” its Proportional Share of STA Certified finished compost, mulch, or other ROWP from the County’s Organic Infrastructure, however City and County will work toward creating City programs that have the goal of City taking back its Proportional Share of finished compost or other Recovered Organic Waste Product for local application (“Organic Take-Back Goal”) to meet City’s ROWP procurement requirements.
(F) Procurement of Additional ROWP. Pursuant to terms agreeable to both Parties, City may request to procure Recovered Organic Waste Product in addition to its Proportional Share within the same Contract Year.
(G) OSA Conditions. As a condition of participating in the County’s Organics Infrastructure, 1703
City agrees to the following terms:
1. All Controllable Organic Waste delivered to the County’s Organics Infrastructure shall meet the standards as set forth in Attachment 2;
2. City or its Franchise Hauler shall pay the Organics Contract Rate for all Organic Waste delivered to the County’s Organic Infrastructure for processing into Recovered Organic Waste Product;
3. City shall provide information to County on a quarterly basis that identifies where Controllable Organic Waste being delivered to the County’s Organic Infrastructure originated and shall ensure that the organic material being delivered meets the definition of City Acceptable Organic Waste.
4. Bulk ROWP: City shall be entitled to arrange for the Take Back (at City cost) from County Organic Infrastructure compost, mulch and other Recovered Organic Waste Product in bulk form free of charge.
5. Non-Bulk ROWP: County may establish separate fees for provision of non-bulk material including but not limited to bagged material or compost wattles. City shall be entitled to arrange for the Take Back of Non-Bulk ROWP at City cost.
6. City’s Proportional Share shall be calculated as 60% of the weight of Controllable Organic Waste City delivers to County’s Organics Infrastructure by City. (H) No Right of Organic Waste Substitution. Nothing in this Agreement shall authorize or entitle the City to deliver, or cause the delivery to the County’s Organic Infrastructure, Acceptable Organic Waste originating from or generated outside the jurisdiction of the City, nor obligate the County to receive or dispose of any such Acceptable Organic Waste into the Waste Infrastructure System. The City shall not assign in whole or in part its right to deliver or cause to be delivered Controllable Organic Waste to the County hereunder, and shall not permit any Acceptable Organic Waste originating from or generated outside the jurisdiction of the City to be substituted for Controllable Organic Waste for any purpose hereunder.
SECTION 3.2 PROVISION OF ORGANIC PROCESSING SERVICES BY THE COUNTY. (A) Organic Service Covenant. Commencing on the Commencement Date, the County shall provide or cause the provision of the service of receiving and processing of City’s Controllable Organic Waste (up to the City Organic Tonnage Limit provided in Attachment 3) at the County’s Organics Infrastructure as described in more detail in Attachment 1. The County shall exercise all reasonable efforts to minimize the costs incurred in complying with the Organic Service Covenant consistent with prudent solid waste management practice and environmental considerations and under Applicable Law.
(B) Receipt of Controllable Organic Waste. Upon acceptance of the Controllable Organic Waste that meets the PGM standards provided in Attachment 2, County shall process the Organic Waste into compost, mulch or other ROWP as specified in Title 14 of the California Code of Regulations Section 18993.1 (C) Education and Outreach. The Department will assist the City and its hauler in their efforts on Organic education and outreach with the goal of the City meeting its organic diversion and ROWP procurement requirements.
(D) Designated Facilities. County and City will coordinate in determining the primary organic processing facilities and tonnages (as reflected in Attachment 1) used for receiving and processing of Controllable Organic Waste. The Department shall immediately advise the City by telephone of any situation, event or circumstance which results in the partial or complete inability of the County to receive Controllable Organic Waste at any particular County Organics Infrastructure within the Waste Infrastructure System, its effect on the County’s ability to perform its obligations hereunder, and the County’s best estimate of the probable duration. The Department shall confirm such advice in writing within twenty four (24) hours of the occurrence of any such inability. The County shall use its best efforts to resume normal operation of the Organics Infrastructure primarily used by the City as soon as possible. In the event a situation, event or circumstance results in the partial or complete inability of the County to receive Controllable Organic Waste at any particular County Organics Infrastructure within the Waste Infrastructure System the County shall have the right to redirect Controllable Organic Waste to another landfill or County Organics Infrastructure within the Waste Infrastructure System for the duration of the situation, event or circumstance; In no event shall the County be required to accept Controlled Organic Waste if it does not have sufficient permitted organic processing capacity 1704
within the Waste Infrastructure System.
(E) Compliance with Service Covenant Not Excused for any Reason. Commencing on the Commencement Date, and subject to the terms of this Agreement, the obligations of the County to duly observe and comply with the Organic Service Covenant, in accordance with Applicable Law, shall apply continuously and without interruption for the Term of this OSA. In the event that any Change in Law, situation, event or other Uncontrollable Circumstance impairs or precludes compliance with the Organic Service Covenant by the means or methods then being employed by the County, the County shall use best efforts to implement alternative or substitute means and methods to enable it to satisfy the terms and conditions of the Service Covenant. In the event that a Change in Law precludes the County from complying with such covenants with the means or methods then being employed and from utilizing any alternate or substitute means or methods of compliance, the County shall continuously use all reasonable efforts to effectuate executive, legislative or judicial change in or relief from the applicability of such law so as to enable the County lawfully to resume compliance with such covenants as soon as possible following the Change in Law.
County failure to duly observe and comply with the Organic Service Covenant due to its efforts to comply with Applicable Law, shall not constitute a breach under this Organics Agreement, and shall excuse County performance to the extent necessary to comply with Applicable Law.
If the alternative or substitute means and methods proposed for the County to observe and comply with the Organic Service Covenant are more costly than the previously used means and methods, the Parties shall negotiate a mutually agreeable new Organic Contract Rate. If the Parties are unable to agree on a new Organic Contract Rate, the Parties may terminate this agreement without penalty with ninety (90) days notice.
SECTION 3.3 COUNTY RIGHT TO REFUSE ORGANIC WASTE.
(A) Right of Refusal. Notwithstanding any other provision hereof, the County may refuse delivery of:
(1) Hazardous Waste;
(2) Acceptable Organic Waste delivered by City but originating from or generated outside the jurisdiction of the City;
(3) Acceptable Organic Waste delivered in excess of the City Organic Tonnage Limit listed in the Attachment 3;
(4) Acceptable Organic Waste in excess of permitted limits; (5) Acceptable Organic Waste that would result in County violating Applicable Law; (6) Controllable Organic Waste that does not meet the requirements found in Attachment 2;
SECTION 3.4 COUNTY PROVISION OF OTHER ORGANIC WASTE DIVERSION SERVICES. (A) Food Waste Processing and Diversion. County is in the process of evaluating the options and feasibility of development of a Commercial Food Waste Processing Infrastructure. If developed, City will be provided an opportunity to participate in this service on terms separately agreed to by the Parties. (B) Edible Food Recovery Programs. County is in the process of evaluating the options and feasibility of development of regional County-wide edible food recovery programs to assist Cities in meeting State mandated goals. The intent of Edible Food Recovery to address the food hierarchy and wasted food scale on a regional level through collaboration of all jurisdictions, key local, State and federal stakeholders, the non-profit sector and business sector. City agrees to cooperate with County efforts and collaborate on data analysis and reporting to provide jurisdictions reports for compliance under SB1383.
1705
(C) Separate City -County Diversion Service Agreements. Nothing in this Agreement is intended to limit the right of the County to enter into a separate agreement with the City or any other person, jurisdiction, or entity to provide source reduction, materials recovery, recycling, composting or other waste diversion services.
ARTICLE IV
ORGANIC CONTRACT RATE
SECTION 4.1 CHARGING AND SECURING PAYMENT OF ORGANIC CONTRACT RATE.
The City acknowledges that the County shall have the right to charge and collect an Organic Contract Rate for the acceptance and processing of Controllable Organic Waste delivered to the Organic Infrastructure by City or its Franchise Hauler. City acknowledges that the County shall have the right to establish as part of the operating rules and regulations reasonable measures to secure the payment of all Organic Contract Rates.
SECTION 4.2 ORGANIC CONTRACT RATE.
(A) Establishment of Contract Rate. The Organic Contract Rate payable by each City or Franchise Hauler shall be $67/Ton up to the City Organic Tonnage Limit. (B) Special Charges. Notwithstanding Section 4.2(A), the County shall have the right to impose special charges for items such as bagged material or compost wattles; new or expanded services; or receipt of hard to handle materials, such as bulky materials, construction and demolition debris, tree stumps, biosolids and sludge. Such special charges shall be calculated to reflect the reasonable incremental costs to the County of providing the new or expanded services or accepting such hard to handle materials. (C) Escalation.
1. Annual CPI Adjustment: The Organics Contract Rate shall be adjusted each July 1, beginning 2027. The change will be equal to the percentage change in the Consumer Price Index - Consumer Price Index for Al Urban Consumers: Water and Sewer and Trash Collection Services in U.S. City Average (CUSR0000EHG) as measured from the October twenty one (21) months prior to the rate adjustment to the October immediately preceding the rate adjustment. In the event that the change in the change in CPI as described above is negative rather than positive, no rate adjustment will be made for that year.
Organic Contract Rate True-up: County will notify City prior to April 30, 2029 (and every three (3) years thereafter) and advise whether actual inflation rate since execution should be frozen for a period of time (in circumstances where Department revenues exceed Department Full Cost Recovery needs) or to determine whether the Organic Contract Rate should be increased beyond CPI as described above (in circumstances where Department costs exceed CPI) to ensure that Department revenues meet Full Cost Recovery.
2. Adjustment Resulting from Increased Fees: In addition to the other adjustments specified herein, the Organic Contract Rate shall be automatically adjusted to reflect the imposition of new fees or increases in existing fees relating to the County’s processing of Controllable Organic Waste imposed by State, federal or other agencies. The County shall provide notice of any increase pursuant to this Section as soon as practicable after becoming aware of the imposition of any fees described above.
ARTICLE V
TERM
SECTION 5.1 EFFECTIVE DATE AND TERM.
(A) Initial Term. This Organic Services Agreement shall become effective, shall be in full force and effect and shall be legally binding upon the City and the County from the Contract Date and shall continue in full force and effect until June 30, 2036, unless earlier terminated in accordance with its terms, in which event the Term shall be deemed to have expired as of the date of such termination. 1706
(B) Bi-Annual Opener. In light of the significant changes in law by the California Legislature to address climate change, the Parties agree to meet at least bi-annually or earlier at the request of County to review the Organic Contract Rate and discuss the need for additional investment into the Organic Infrastructure to respond to existing or new legislative requirements, diversion requirements, provision of new services, or other matters of mutual concern to the Parties.
(C) Option to Renew. This Agreement shall be subject to renewal by mutual agreement of the Parties, on or before June 30, 2036 for an additional term of 10 years (the “Renewal Term”) on the same terms and conditions as are applicable during the Initial Term hereof or on amended terms as may be mutually agreed to by the Parties. The City shall give the County written notice of its election to renew this Agreement on or before June 30, 2034. If the parties do not execute a renewal of this Agreement prior to June 30, 2036 it shall expire.
ARTICLE VI
GENERAL PROVISIONS
SECTION 6.1 NOTICES. Any notice or communication required or permitted hereunder shall be in writing and sufficiently given if delivered in person or sent by certified or registered mail, postage prepaid, to the notice address of the respective Parties set forth on the cover page of this Agreement. Changes in the respective addresses to which such notices may be directed may be made from time to time by any Party by notice to the other Party.
SECTION 6.2 ATTORNEYS FEES. In any action or proceeding to enforce or interpret any provision of this Agreement, each Party shall bear their own attorney’s fees, costs and expenses.
SECTION 6.3 RELATIONSHIP OF THE PARTIES. Neither party to this Agreement shall have any responsibility whatsoever with respect to services provided or contractual obligations or liabilities assumed by the other party hereto, whether accrued, absolute, contingent or otherwise, or whether due or to become due. The County is an independent contractor of the City and nothing in this Agreement shall be deemed to constitute either party a partner, agent or legal representative of the other party or to create any fiduciary relationship between the parties.
SECTION 6.4 NO CONSEQUENTIAL OR PUNITIVE DAMAGES. In no event shall either Party hereto be liable to the other or obligated in any manner to pay to the other any special, incidental, consequential, punitive or similar damages based upon claims arising out of or in connection with the performance or non- performance of its obligations or otherwise under this Agreement, or the material inaccuracy of any representation made in this Agreement, whether such claims are based upon contract, tort, negligence, warranty or other legal theory.
SECTION 6.5 AMENDMENTS. Neither this Agreement nor any provision hereof may be changed, modified, amended or waived except by written agreement duly authorized and executed by both Parties.
SECTION 6.7 NOTICE OF LITIGATION. Each Party shall deliver written notice to the other of any Legal Proceeding to which it is a party and which questions the validity or enforceability of this Agreement executed by the City or the County or any Legal Entitlement issued in connection herewith.
SECTION 6.8 FURTHER ASSURANCES. At any and all times the City and the County so far as may be authorized by law shall pass, make, do, execute, acknowledge and deliver any and every such further resolutions, acts, deeds, conveyances, instruments, assignments, transfers and assurances as may be necessary or reasonably requested by the other in order to give full effect to this Agreement.
SECTION 6.9 ASSIGNMENT OF AGREEMENT. Neither this Agreement nor any of the rights or obligations hereunder may be assigned by either Party hereto without the prior written consent of the other Party, which may be withheld in the other Party’s sole discretion. Notwithstanding the foregoing, either Party may assign this Agreement to another public entity, subject to the reasonable consent of the other party. In such circumstances the Party not requesting the assignment shall have the right to demand assurances of the financial, technical and legal ability of the proposed assignee to undertake the responsibilities and obligations of the assigning Party.
SECTION 6.10 BINDING EFFECT. This Agreement shall bind and inure to the benefit of the Parties hereto and any successor or assignee acquiring an interest hereunder consistent with the provisions of Section 6.9 hereof. 1707
Signature Page to Follow
1708
IN WITNESS WHEREOF, COUNTY and CITY have caused this Agreement to be executed by their duly authorized officers or representatives as of the day and year first above written.
COUNTY OF ORANGE
Date By
Director, OC Waste & Recycling
APPROVED AS TO FORM:
COUNTY COUNSEL
ORANGE COUNTY, CALIFORNIA
By
Date
Date By
[NAME]
City Representative
City of XX
Date By
[NAME]
City Representative
City of XX
APPROVED AS TO FORM:
By
City Attorney
Date
1709
Attachment 1
COUNTY OF ORANGE ORGANIC INFRASTRUCTURE
1710
Attachment 1
COUNTY OF ORANGE ORGANIC INFRASTRUCTURE
The County of Orange owns and operates a network of three commercial organic processing facilities co-located at each of the active landfills. Each of the organic processing facilities have the ability to receive organic material and to produce organic products for cities to meet their Take-Back requirements specified within this agreement. Products produced at the organic processing facilities meet CalRecycle’s SB 1383 procurement requirement and are certified under the US Composting Council’s Standard of Testing Assurance (STA) Program. Product offerings include compost and composted mulch. Additional products may be offered as determined by the County.
A summary of each of the organic processing facilities is listed below:
Valencia Greenery (Co-Located at Olinda Alpha Landfill) 1942 N. Valencia Avenue
Brea, CA 92823
Permitted Maximum Tonnage (Open Windrow): 94 tons per day Proposed Permitted Maximum Tonnage (Covered Aerated Static Pile): 228 tons per day Permitted Hours of Operation: Monday through Saturday 6:00 am to 4:00 pm Ancillary Operation Hours: 24 hours per day/7 days a week Bee Canyon Greenery (Co-Located at Frank R. Bowerman Landfill) 11002 Bee Canyon Access Road
Irvine, CA 92602
Permitted Maximum Tonnage (Open Windrow): 210 tons per day Proposed Permitted Maximum Tonnage (Covered Aerated Static Pile): 876 tons per day Permitted Hours of Operation: Monday through Saturday 7:00 am to 5:00 pm Ancillary Operation Hours: 24 hours per day/7 days a week Capistrano Greenery (Co-Located at Prima Deshecha Landfill) 32250 Avenida La Pata
San Juan Capistrano, CA 92675
Permitted Maximum Tonnage (Open Windrow): 204 tons per day Proposed Permitted Maximum Tonnage (Covered Aerated Static Pile): 536 tons per day Permitted Hours of Operation: Monday through Saturday 7:00 am to 5:00 pm Ancillary Operation Hours: 24 hours per day/7 days a week This list may be modified/expanded at the discretion of the County. 1711
Attachment 2
SPECIFICATIONS FOR CONTROLLABLE ORGANIC WASTE AS PROCESSED GREEN WASTE
MATERIAL (PGM) AT COUNTY ORGANIC INFRASTRUCTURE
1712
Attachment 2
SPECIFICATIONS FOR CONTROLLABLE ORGANICE WASTE AS PROCESSED GREEN WASTE
MATERIAL (PGM) AT COUNTY ORGANIC INFRASTRUCTURE
DESCRIPTION
Processed Green Material (PGM) consists of yard waste, grass clippings, leaves, tree trimmings and plant-based materials which have been sorted to remove contamination and processed by shredding or grinding. PGM should not contain manure, stable waste or pet waste, which can create odors.
Processed Green Material is defined as following (California Code of Regulations, Title 27, Division 2, Subdivision 1, Chapter 3, Subchapter 4, Section 20690 [b] [3]):
Processed Green Material – means any plant material that is either separated at the point of generation or separated at a centralized facility that employs methods to minimize contamination. Green material includes, but is not limited to, yard trimmings, untreated wood wastes, paper products, and natural fiber products. Green material does not include treated wood waste, mixed demolition or mixed construction debris, manure, or plant waste from the food processing industry, alone or blended with soil. Processed green material may include varying proportions of wood waste from urban and other sources and shall be ground, shredded, screened, source separated for grain size, or otherwise processed.
CONTAMINANT DEBRIS
The PGM should be free from all contaminant debris (glass, plastic, film plastic, metals, etc.) as well as salt and deleterious material such as clods, coarse objects, rocks, inert debris, and Material Recovery Facility (“MRF”) fines.
County personnel visually inspect the PGM loads as they come in, making sure that the specifications are met and to determine if the loads are contaminated (i.e., mixed with paper, plastics and other trash.) If the loads appear to have unacceptable contamination in excess of 0.5% either by weight or volume, the PGM loads will not be allowed into the Organic Infrastructure and the City and/or hauler will be notified that contaminated PGM loads are unacceptable. The PGM will be deemed as municipal solid waste and the City and/or hauler will have the option to take the material to the landfill for disposal or be returned to the hauler’s facility for additional processing. For material that is physically dumped at the unloading area and is deemed unacceptable by OC Waste & Recycling staff, the material will be reloaded into the transfer vehicle for reprocessing at hauler’s processing facility or sent to the landfill for disposal.
Hauler will be charged the current “Hard-to-Handle” fee for re-loading services and disposal of unacceptable material.
SIZE
The particle size of the PGM acceptable is between ½-inch and 3 inches in length between ½-inch and 1 inch in width and between ½-inch and 1 inch in thickness. No particle should exceed 3 inches in any dimension.
MOISTURE CONTENT
The moisture content of the PGM should be in the range of 50-60 percent. If the PGM’s moisture content is unacceptable and cannot be received for processing at the County’s Organic Infrastructure Facilities, the material will be re-loaded into the transfer vehicle for reprocessing at hauler’s processing facility or sent to the landfill for disposal.
The hauler will be charged the current “Hard-to-Handle” fee for re-loading services and disposal of unacceptable material.
FOOD WASTE
Residential food waste mixed with PGM as part of a city organic collection program is acceptable provided that the food waste is free of contaminant debris (glass, plastic, food packaging, non-compostable silverware, soiled napkins, 1713
etc.). No commercial or source-separated food waste will be accepted except for cases where the County has entered into an agreement with a City to accept specific source separated organic material as Additional Feedstock as described below.
SOURCE SEPARATED MANURE
Subject to available capacity, City and/or Hauler may bring non-residential, source separated manure and stable bedding pursuant to the following Manure/Stable Bedding Program requirements:
1. Material Quantity: manure/stable bedding must be uncontaminated which means free of any hazardous materials, food waste packaging, plastics, glass, and any large bulky items and inert materials that need to be further sized or removed for composting. (“Material”)
2. Material Volume: County and City/Hauler will determine the anticipated volume of Material to ensure that the County’s Organic Infrastructure has sufficient capacity to manage the proposed amount of Material.
3. Material will be load checked to determine if it meets the established quality standards. If contaminants exceed
0.5% (by weight or volume), the load is deemed contaminated and not meeting quality standard for use in the Manure/Stable Bedding Program.
4. Material that is deemed unacceptable will be subject to the fees established by OCWR for this material type.
Material that does not meet the established quality standards will be charged as follows:
a. If determined not to meet quality standards before Material is unloaded, standard disposal rates will apply.
b. If determined not to meet quality standards after Material is unloaded (or partially unloaded), hard-to-handle disposal rates will apply.
5. Material Delivery:
a. All Material deliveries will be scheduled and coordinated with OCWR prior to delivery. Any changes to material delivery quantities or days will be coordinated with OCWR prior to making the change.
b. While OCWR will remain as flexible as possible on timing of deliveries, material deliveries will be limited to Monday through Friday between 8:00 am and 2:00 pm and subject to holiday schedules. Should the delivery times change, then OCWR shall give two (2) days prior notice of the delivery time change.
c. Upon delivery, OCWR staff will record exact tonnage, name of hauler/transporter provider, and note distinguishing characteristics of feedstock and other pertinent information. d. Deliveries made without OCWR prior approval may be refused or charged at the established rate.
e. OCWR reserves the right to deny a request to deliver for any reason. (i.e., OCWR does not guarantee that it will accept manure/stable bedding under this program. Instead, OCWR will accept Material based on its operational need and will make every effort to accommodate City’s/hauler Material except when a reduction or stoppage is needed.)
ADDITIONAL FEEDSTOCK
The County at its discretion may accept additional material types such as food waste and manure based on availability and permitting conditions at each of the County’s organic processing facilities. The County will work with City to identify the specifications for accepting the material types including scheduling of deliveries and quantities.
CHANGES TO SPECIFICATIONS
County reserves the right to modify the Specifications found in this Appendix due to a change in law or regulation or in consideration of operational or Organic Processing Infrastructure needs. County shall provide 90 days notice regarding changes to this Appendix.
1714
Attachment 3
CITY ORGANIC TONNAGE LIMIT
1715
Attachment 3
CITY ORGANIC TONNAGE LIMIT
The City Organic Tonnage Limit listed in the Attachment is the maximum amount of Controllable Organic Waste that County is committed to accept under the Organic Service Agreement.
Jurisdiction Designated Greenery City Organic Tonnage Limit Daily Limit1 Monthly Limit2 Annual
Limit
TBD ________tons _________ tons _______ tons
TBD
TBD
TBD
1. Daily Limit includes up to 20% by weight of source separated manure and stable bedding.
2. In the event City delivers less than their monthly limit, County may allocate unused City capacity at its discretion. 1716
Attachment 4
ORGANIC INFRASTRUCTURE RESOLUTION
1717
1718
1719
Attachment 3
FIRST AMENDMENT TO 2ND AMENDED AND RESTATED AGREEMENT
BETWEEN THE
CITY OF SAN CLEMENTE
AND
CR&R INCORPORATRED
FOR SOLID WASTE HANDLING SERVICES
EFFECTIVE __________________
1720
2 | P a g e
This First Amendment (“First Amendment”) to the 2nd Amended and Restated Agreement for Solid Waste Handling Services (“Solid Waste Agreement”) by and between the City of San Clemente (“City”) and CR&R Incorporated (“Contractor”), collectively referred herein as the “Parties,” is made and entered into as of the date indicated on the cover page and is based on the terms and conditions set forth herein.
RECITALS
A. The City is currently a party to a Waste Disposal Agreement (“WDA”) with the County of Orange (“County”) wherein the County provides disposal capacity for solid waste generated in the City and under which the City agreed to cause the delivery of certain solid waste generated in the City to County’s disposal system.
County has developed and negotiated with City a new Waste Infrastructure Services System Enterprise Agreement (“WISE Agreement”) to replace the WDA.
The County and City intend that the WDA will remain operative and in full force and effect until either the WDA expires or the occurrence of the WISE Agreement commencement date (as defined in the WISE Agreement), whichever occurs first.
B. The WISE Agreement also provides the City with the option to participate in the County’s Organic Processing Services pursuant to a separate Organic Services Agreement (“OSA”). City has, at this time, opted to not enter into an OSA with County, and to instead continue to direct that Organic Waste generated and collected within the City limits shall be delivered to the AD Facilities in accordance with Section 5.7.4 of the Solid Waste Agreement. City reserves the right to reevaluate, without limitation as to time or frequency, entering into an OSA with County.
C. The Parties desire to enter into this First Amendment to clarify the obligations of City and Contractor as relates to the WISE Agreement upon its effective date.
OPERATIVE PROVISIONS
A. AMENDMENTS
1. Amendment of Section 1.38 “County Agreement.” Section 1.38 of the Agreement is hereby amended to read as follows:
“1.38 County Agreement
“County Agreement” shall mean that certain Waste
Disposal Agreement (“WDA”) between City and County
currently operative as of the date of this Amendment which is and shall remain in full force and effect until such time as either the WDA expires or that certain Waste Infrastructure System Enterprise Agreement (“WISE Agreement”) made and entered into and made by and between City and the County 1721
3 | P a g e
of Orange becomes operative, then at such time “County
Agreement” shall mean the WISE Agreement.”
2. Amendment of Section 23 “Flow Control: County Agreement.” Section 23 of the Agreement is hereby amended to read as follows:
23. FLOW CONTROL; COUNTY AGREEMENT
A. City’s Exercise of Flow Control. City shall have the option to direct and/or approve which transformation facility, recycling facility, material recovery facility, landfill, or other facility Contractor shall use to retain, recycle, process, and dispose of Solid Waste and construction materials generated within the Franchise Area as required to enable City to comply with the County Agreement, whether the existing WDA or the WISE Agreement; provided, however, if City redirects
Contractor to a facility that increases its costs, Contractor and City shall meet and confer in good faith to determine a fair and reasonable adjustment to the maximum rates set forth on Exhibit A in order to compensate Contractor for such
additional costs. Contractor expressly consents to City's ability to direct the location for disposal of Solid Waste hereunder and waives any and all rights to challenge City's ability to do so, including without limitation any rights under the Commerce Clause of the United States Constitution.
B. Contractor’s Acknowledgements and Agreements re
the WDA. Contractor has expressly acknowledged its
awareness of the WDA, which has been adopted and entered into by City. Moreover, Contractor acknowledges that it has previously reviewed the WDA and is aware of the provisions thereof that require all Solid Waste collected in the City Limits to be disposed of in the Orange County landfill system.
Contactor further acknowledges that the County of Orange is an intended third-party beneficiary of Contractor’s obligations relating in any way to the disposal of Solid Waste pursuant to this Agreement and the WDA. Contractor has previously
adopted as its obligations hereunder such provisions of the WDA that require action or inaction by it as City's Solid Waste franchisee. Contractor represents and warrants that it can and will continue to perform its duties in connection with the WDA in such a manner as to ensure that City does not breach the terms of the WDA as a result of Contractor's actions or inactions. Contractor acknowledges that the City previously exercised its flow control option set forth in this Agreement as to Solid Waste required to be delivered to the Orange County 1722
4 | P a g e
landfill system pursuant to the WDA by view of the fact that City entered the County Agreement; and, further, City is deemed to have exercised such option in a manner consistent with its obligations pursuant to the WDA.
C. Contractor’s Acknowledgement and Agreements re the
WISE Agreement. At the earlier of the expiration of the WDA or the commencement date of the WISE Agreement,
whichever is the first to occur, the WISE Agreement shall replace the WDA agreement which thereafter shall no further force or effect, and City shall be deemed to have exercised all legal and contractual power and authority to cause Contractor to deliver Controllable Waste (excepting Organic Waste) to County’s Waste Infrastructure System, as those terms are defined in the WISE Agreement. Contractor hereby expressly acknowledges its awareness of the WISE Agreement, that
City has provided Contractor with a copy of the WISE
Agreement, and that Contactor has reviewed the WISE
Agreement and is aware of its terms, conditions, covenants, and obligations thereunder. Contractor specifically
acknowledges and agrees that City has the right, without material restriction, to direct the delivery of all Controllable Waste (excepting Organic Waste) to the County’s Waste
Infrastructure System, that City hereby designates County’s Waste Infrastructure System as the disposal location pursuant this Agreement, and that City has the authority to otherwise take all actions necessary to comply with the terms,
conditions, and covenants of the WISE Agreement.
Furthermore, Contractor acknowledges and agrees that
Contractor has obligations under the WISE Agreement, for example to provide County with certain information set forth in paragraphs (G) and (H) of Section 3.1 of the WISE
Agreement, and that City may be obligated to take
enforcement actions against Contractor in the event of
Contractor’s failure to adhere to actions required of Contractor under the WISE Agreement. Contractor also acknowledges
its responsibility to timely pay the appropriate Contract Rate (as defined in Article IV of the WISE Agreement) inclusive of CPI escalation, increases, and other adjustments (see for example paragraph (B) of Section 4.3 of the WISE
Agreement). Contactor further acknowledges that County is an intended third-party beneficiary of Contractor’s obligations relating in any way to the disposal of Solid Waste pursuant to this Agreement and the WISE Agreement. Contractor hereby accepts its obligations hereunder and such provisions of the WISE Agreement that require action or inaction by it as City's 1723
5 | P a g e
Solid Waste franchisee. Contractor represents and warrants that it can and will continue to perform its duties in connection with the WISE Agreement in such a manner as to ensure that City does not breach the terms of the WISE Agreement as a result of Contractor's actions or inactions.
D. City’s Right to Relinquish Flow Control. At any time during the Term of this Agreement, the City Manager may notify Contractor in writing that City no longer desires to exercise its flow control option hereunder, In the event City so notifies Contractor of its desire to cease exercising its flow control option, Contractor shall have the absolute discretion to utilize any transformation facility, recycling facility, material recovery facility, landfill, or other facility of its choosing to retain, recycle, process, and dispose of Solid Waste and construction materials generated within the Franchise Area, provided such facility meets all other requirements of this Agreement.”
B. GENERAL PROVISIONS.
1.1 Continuing Effect of Agreement. Except as expressly amended by this First Amendment, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this First Amendment, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this First Amendment.
1.2 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this First Amendment.
1.3 Counterparts. This First Amendment may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument.
1.4 Corporate Authority. The persons executing this First Amendment on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this First Amendment on behalf of said party, (iii) by so executing this First Amendment, such party is formally bound to the provisions of this First Amendment and (iv) the entering into this First Amendment does not violate any provision of any other agreement to which said party is bound.
1.5 Effective Date. This First Amendment shall be deemed effective upon the execution by the Parties.
1724
6 | P a g e
IN WITNESS THEREOF, the parties have caused their authorized representative to execute this agreement the day and year first above written.
CITY OF SAN CLEMENTE CR&R Incorporated
By: By:
Andy Hall Signature
City Manager
Printed Name
Attest:
Title
By:
Laura Campagnolo
City Clerk
Approved as to Form:
Burke, Williams & Sorensen, LLP
By:
Elizabeth Mitchell
City Attorney
1725
Attachment 4
1726
1727
Index / Item New Prior % Change
CPI All Urban Consumers CUURS49ASA0, Annual 342.676 332.194 3.16% County of Orange Landfill Tip Rate July 1 $ 67.00 $ 43.76 53.11% Proposed Rates
Current Rates Jul 2026
Residential with Organics (Anaerobic Digestion)
(3) 35 Gallon $25.63 $29.64
(3) 65 Gallon $26.78 $30.97
(3) 95 Gallon $27.48 $31.77
Each Additional 35 gallon Black (refuse) cart $6.54 $7.56 Each Additional 65 gallon Black (refuse) cart $6.96 $8.05 Each Additional 95 gallon Black (refuse) cart $7.39 $8.54 Second Additional 35 gallon Blue/Brown (recyling) or Green (organics) cart $5.01 $5.79 Second Additional 65 gallon Blue/Brown (recyling) or Green (organics) cart $5.40 $6.25 Second Additional 95 gallon Blue/Brown (recyling) or Green (organics) cart $5.81 $6.72 Multi-Family, Commercial Bin Service
3 Yard x1/week $178.90 $206.89
3 Yard x2/week $296.45 $342.83
3 Yard x3/week $408.13 $471.99
3 Yard x4/week $529.55 $612.41
3 Yard x5/week $649.76 $751.43
3 Yard x6/week $768.75 $889.04
4 Yard x1/week $238.93 $276.32
4 Yard x2/week $385.02 $445.26
4 Yard x3/week $521.14 $602.68
4 Yard x4/week $680.44 $786.91
4 Yard x5/week $761.52 $880.68
4 Yard x6/week $899.01 $1,039.68
3 Yard Split (1.5 Trash) x 1/week $89.45 $103.44
3 Yard Split (1.5 Trash) x 2/week $148.22 $171.42
3 Yard Split (1.5 Trash) x 3/week $204.06 $235.99
3 Yard Split (1.5 Trash) x 4/week $264.78 $306.21
3 Yard Split (1.5 Trash) x 5/week $324.88 $375.71
3 Yard Split (1.5 Trash) x 6/week $384.37 $444.52
4 Yard Split (2 Trash) x 1/week $119.46 $138.16
4 Yard Split (2 Trash) x 2/week $192.51 $222.63
4 Yard Split (2 Trash) x 3/week $260.57 $301.34
4 Yard Split (2 Trash) x 4/week $340.22 $393.45
4 Yard Split (2 Trash) x 5/week $380.76 $440.34
4 Yard Split (2 Trash) x 6/week $449.50 $519.84
Multi-Family Cart Service (same as Residential)
35 Gallon Set (1 Trash, 1 Recycling, 1 Organics) $25.63 $29.64 65 Gallon Set (1 Trash, 1 Recycling, 1 Organics) $26.78 $30.97 95 Gallon Set (1 Trash, 1 Recycling, 1 Organics) $27.48 $31.77 Extra 35 Trash $6.54 $7.56
Extra 65 Trash $6.96 $8.05
Extra 95 Trash $7.39 $8.54
Extra 35 Recycle or Organics $5.01 $5.79
Extra 65 Recycle $5.40 $6.25
Extra 95 Recycle $5.81 $6.72
Commercial Cart Service-Trash
65 Gallon x1/week $43.16 $49.92
65 Gallon x2/week $71.52 $82.71
65 Gallon x3/week $98.47 $113.87
65 Gallon x4/week $127.76 $147.75
65 Gallon x5/week $156.76 $181.29
65 Gallon x6/week $185.47 $214.49
Extra Cart (75% of Standard Rate)
95 Gallon x1/week $47.88 $55.38
95 Gallon x2/week $79.35 $91.76
95 Gallon x3/week $109.24 $126.33
95 Gallon x4/week $141.74 $163.92
95 Gallon x5/week $173.92 $201.13
95 Gallon x6/week $205.77 $237.96
Extra Cart (75% of Standard Rate)
City of San Clemente
Attachment A
Attachment 5
1728
Proposed Rates
Current Rates Jul 2026
Multi-Family, Commercial Recycling Bin Service
3 Yard x1/week $98.39 $113.79
3 Yard x2/week $163.05 $188.56
3 Yard x3/week $224.47 $259.59
3 Yard x4/week $291.25 $336.83
3 Yard x5/week $357.37 $413.29
3 Yard x6/week $422.81 $488.97
4 Yard x1/week $131.41 $151.97
4 Yard x2/week $211.76 $244.89
4 Yard x3/week $286.63 $331.47
4 Yard x4/week $374.24 $432.80
4 Yard x5/week $418.84 $484.37
4 Yard x6/week $494.45 $571.82
4 Yard x1/week Compactor $180.69 $227.42
4 Yard x2/week Compactor $291.17 $366.48
4 Yard x3/week Compactor $394.11 $496.04
4 Yard x4/week Compactor $514.58 $647.67
4 Yard x5/week Compactor $575.90 $724.85
4 Yard x6/week Compactor $679.87 $855.72
3 Yard Split (1.5 Trash) x 1/week $49.20 $56.89
3 Yard Split (1.5 Trash) x 2/week $81.52 $94.28
3 Yard Split (1.5 Trash) x 3/week $112.23 $129.80
3 Yard Split (1.5 Trash) x 4/week $145.63 $168.41
3 Yard Split (1.5 Trash) x 5/week $178.68 $206.64
3 Yard Split (1.5 Trash) x 6/week $211.41 $244.49
4 Yard Split (2 Trash) x 1/week $65.71 $75.99
4 Yard Split (2 Trash) x 2/week $105.88 $122.45
4 Yard Split (2 Trash) x 3/week $143.31 $165.74
4 Yard Split (2 Trash) x 4/week $187.12 $216.40
4 Yard Split (2 Trash) x 5/week $209.42 $242.19
4 Yard Split (2 Trash) x 6/week $247.23 $285.91
Multi-Family, Commercial Recycling Cart Service
65 Gallon x1/week $43.69 $50.52
65 Gallon x2/week $72.39 $83.72
65 Gallon x3/week $99.67 $115.26
65 Gallon x4/week $129.32 $149.55
65 Gallon x5/week $158.67 $183.50
65 Gallon x6/week $187.73 $217.11
Extra Cart (75% of Standard Rate)
95 Gallon x1/week $56.54 $65.39
95 Gallon x2/week $93.69 $108.35
95 Gallon x3/week $128.99 $149.17
95 Gallon x4/week $167.36 $193.55
95 Gallon x5/week $205.35 $237.48
95 Gallon x6/week $242.96 $280.97
Extra Cart (75% of Standard Rate)
Multi-Family, Commercial Bin- Green Waste Service
3 Yard x1/week $152.06 $175.86
3 Yard x2/week $251.98 $291.41
3 Yard x3/week $346.91 $401.19
3 Yard x4/week $450.12 $520.55
3 Yard x5/week $552.29 $638.71
3 Yard x6/week $653.44 $755.68
Commercial Cart Service-Green Waste
95 Gallon x1/week $55.15 $63.78
95 Gallon x2/week $110.25 $127.50
95 Gallon x3/week $165.39 $191.27
95 Gallon x4/week $220.51 $255.01
95 Gallon x5/week $275.64 $318.77
95 Gallon x6/week $330.77 $382.53
1729
Proposed Rates
Current Rates Jul 2026
Mult-Family, Commercial Bin Service - Organics
2 Yard x1/week $269.66 $311.86
2 Yard x2/week $416.74 $481.96
2 Yard x3/week $563.92 $652.15
2 Yard x4/week $771.20 $891.87
2 Yard x5/week $910.12 $1,052.53
2 Yard x6/week $1,122.47 $1,298.11
Commercial Cart Service - Organics
35 or 65 Gallon x1/week $38.70 $44.76
35 or 65 Gallon x2/week $59.81 $69.17
35 or 65 Gallon x3/week $80.94 $93.60
35 or 65 Gallon x4/week $110.69 $128.01
35 or 65 Gallon x5/week $130.63 $151.07
35 or 65 Gallon x6/week $161.10 $186.31
Roll-off Service
Drop off Box - haul $250.51 $289.71
Compactor - haul $294.08 $340.09
Dirt/Asphalt/Concrete (10 yd) - Flat $505.54 $584.65
Wood, Metal, Cardboard (40 yd) - Flat $405.90 $469.41
Greenwaste (40 yd Drop Off Box) - Haul $250.51 $289.71
Organics Processing - AD $132.26 $136.44
Greenwaste Processing $75.53 $77.91
Processing $75.53 $77.91
Landfill $48.81 $74.73
Roll-off Temp COD Rates
10 yard Processed 7 tons avg $779.17 $901.09
10 yard Landfilled 7 tons avg $592.10 $684.75
40 yard Processed 5 tons avg $628.12 $726.40
40 yard Landfilled 5 tons avg $494.52 $571.90
Bulky Item Collection
Residential $21.47 $24.83
Commercial $75.13 $86.88
Additional Bulky Commercial $29.03 $33.58
Processing (Construction)
Cleanup Bin Weekly $139.65 $161.51
Cleanup Bin Weekly Construction $191.51 $221.47
Service Fees
Walk-out Residential Service (in addition to monthly service rate) $33.27 $34.32 Additional Residential Pick Up $26.57 $27.40
Bin Cleaning Fee (in excess of one time per year) $47.09 $48.58 Convert Standard Bin to Locking $37.36 $38.54
Bin Roll-out Charges (25' - 50') per month $14.79 $15.26 Bin Roll-out Charges (50' - 75') per month $29.45 $30.38 Locking Bin Monthly Charge (Recycle or Refuse Bin) $21.76 $22.45 Bin Overflow Charge $58.08 $59.91
Additional Bin Pickup $115.56 $119.21
Additional Cart Pickup $69.20 $71.39
Delinquency Fees
Residential After 90 days
Commercial After 60 days
Temporary Service After 60 days
Administrative Fees
Stop Service $18.60 $19.19
Refund Processing Fee $1.67 $1.72
Container Replacement Charge (per Container) $62.03 $63.99 Account Set-up Fee $25.88 $26.69
1730
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
AGENDA REPORT
CITY OF SAN CLEMENTE
CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: April 21, 2026 Agenda Item: 11J.
Submitted By: Building Division
Prepared By: Robert Ferguson, Building Official
Subject:
..titl e
CONSIDERATION OF A RESOLUTION APPROVING AN EXEMPTION TO THE FORMAL
SOLICITATION PROCESS APPROVING A MEMORANDUM OF UNDERSTANDING WITH THE
CALIFORNIA JOINT POWERS INSURANCE AUTHORITY TO PARTIALLY FUND AN
AMERICANS WITH DISABILITIES ACT SELF EVALUATION AND TRANSITION PLAN
UPDATE, AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT IN AN AMOUNT NOT TO EXCEED A COST TO THE CITY OF $263,350, APPROVING A RELATED
BUDGET APPROPRIATION, AND FINDING THE PROJECT EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT ..body
Summary:
Resolution No. 26-74 would approve, and authorize the City Manager to execute, a Memorandum of Understanding (MOU) with the California Joint Powers Insurance Authority (CJPIA) to partially fund a required update of the City’s Americans with Disabilities Act (ADA) Self-Evaluation and Transition Plan. Because the CJPIA has already completed a competitive solicitation process for all of its members, secured a competitive price, and is willing to fund a portion of the update, staff is recommending an exemption from the formal solicitation process. The evaluation involves an inspection and documentation of the City’s facilities, services, policies, procedures and rights of way for accessibility compliance. The transition plan will establish a prioritized schedule to address any identified deficiencies to achieve compliance with federal ADA requirements.
The assessment requires specialized training and skills sets that will be provided by Disability Access Consultants (DAC), the company secured by CJPIA, and the total cost of the project will be $286,850, of which $23,500 will be funded by CJPIA, resulting in a City cost not to exceed $263,350. The proposed agreement also includes public outreach, staff training, and implementation of a compliance tracking system to support ongoing ADA compliance efforts.
Approval of the Resolution would also authorize a supplemental appropriation to fund the City’s share of the project.
Background:
Title ll of the Americans with Disabilities Act requires public agencies to evaluate their services, programs, facilities, and public rights-of-way to ensure accessibility compliance. This process, known as a self-evaluation, must be accompanied by a transition plan identifying necessary structural and programmatic improvements.
In 2011, DAC completed a self-evaluation and transition plan for City facilities. Since that time, additional facilities have been constructed and City Hall has been relocated. An updated 1731
Meeting Date: April 21, 2026 Agenda Item: 11J.
CITY OF SAN CLEMENTE 2
evaluation is needed to reflect current conditions and expand the assessment to include programs and rights-of-way.
Discussion:
The CJPIA, in partnership with DAC, offers member agencies a comprehensive ADA selfevaluation and transition plan at a negotiated, discounted rate. The CJPIA also provides financial assistance toward eligible ADA compliance services, reducing the City’s overall cost by $23,500.
The program allows the City to contract directly with CJPIA through an MOU (Attachment 2). DAC will prepare a comprehensive evaluation covering City facilities, buildings, parks, programs, and public rights-of-way. Attachment 3 provides a copy of DAC’s proposal for this work. The scope also includes required public outreach, development of a prioritized transition plan, and provision of DACTrak, an online system for tracking compliance progress. In addition, DAC will provide training to City staff on ADA requirements, including programmatic compliance and facility management.
Considering the CJPIA’s partnership with DAC to prepare an updated self-evaluation and transition plan, staff recommends that the Council approve an exemption to the formal solicitation process within the City’s Purchasing Policies and Procedures No. 201-2-1 (reference Section XI.
A.1.1.14) which allows for “participating in a cooperative purchasing agreement or program, or using a competitively awarded agreement of another local, state, or federal government agency or joint powers authority made up of government agencies to obtain the same supplies, equipment or services at the same or lower prices.” In this case, the cooperative agreement is in the City’s best interest, as it will expedite the process of engagement with a highly qualified firm and reduce the overall cost and timeline of the project.
Considerations Identified by Staff:
DAC completed the City’s prior self-evaluation and transition plan, and staff is familiar with their DACTrak system and overall service delivery. The previous plan was detailed, accessible, and effective as a compliance management tool. Utilizing CJPIA’s partnership with DAC provides both a cost savings and a streamlined procurement approach.
Alternative approaches would likely involve higher costs, longer timelines, and the need to evaluate and onboard a new consultant. Given the City’s prior experience and the benefits associated with CJPIA’s program, staff believes this approach offers the most efficient and reliable path to updating the City’s ADA compliance framework.
Council Options:
Adopt resolution No. 26-74, which would approve, and authorize the City Manager to execute, the MOU with the CJPIA.
Modify and adopt resolution No. 26-74.
Continue the item and provide staff with alternative direction. Do not approve resolution No. 26-74.
1732
Meeting Date: April 21, 2026 Agenda Item: 11J.
CITY OF SAN CLEMENTE 3
Environmental Review/Analysis:
This action is not a “project” under the California Environmental Quality Act (CEQA) Guidelines Section 15378 as it constitutes administrative activities of government.
Fiscal Impact:
Approval of the proposed MOU will require a supplemental appropriation of $263,350 to fund the City’s share of the ADA Self-Evaluation and Transition Plan. The total cost of the plan is $286,850, however the CJPIA will be funding $23,500 of the costs for DAC’s services. The proposed Resolution includes a request to approve a supplemental appropriation from General Fund Balance to Account No. 001-421-43890 for the City’s share of the plan’s costs.
Recommended Action(s):
..recommendation
Staff Recommendation
STAFF RECOMMENDS the City Council adopt Resolution No. 26-74, which would:
1. Approve an exemption to the formal solicitation process within the City’s Purchasing Policy (Section XI A.1.1.14); and
2. Approve the Memorandum of Understanding with the California Joint Powers Insurance Authority in the amount of $286,850, with the City’s portion of cost being $263,350, to have Disability Access Consultants evaluate the City’s programs, facilities, and rights of way, and provide an updated ADA self-evaluation and transition plan for City facilities, programs, and public rights-of-way in accordance with the proposal dated March 28, 2026 (Attachment 2); and
3. Authorize the City Manager to execute the Memorandum of Understanding in an amount not to exceed cost to the City of $263,350; and
4. Approve a supplemental appropriation of $263,350 from General Fund Balance to Account No. 001-421-43890.
..end
Attachments:
1. Resolution No. 26-74
2. Disability Access Consultants Proposal
3. Memorandum of Understanding with the California Joint Powers Insurance Authority
4. DAC Professional Services Agreement with Addendum
Notification:
California Joint Powers Insurance Authority
1733
Attachment 1
4899-8974-9408 v1
RESOLUTION NO. 26-74
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN CLEMENTE APPROVING AN EXEMPTION TO THE
FORMAL SOLICITATION PROCESS, APPROVING A
MEMORANOM OF UNDERSTANDING WITH THE
CALIFORNIA JOINT POWERS INSURANCE AUTHORITY
TO PROVIDE AN UPDATED SELF EVALUATION AND
TRANSITION PLAN, APPROPRIATING $263,350 TO
ACCOUNT NO. 001-421-43890, AUTHORIZING THE CITY
MANAGER TO EXECUTE THE AGREEMENT, AND
FINDING THE PROJECT EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT
WHEREAS, the City of San Clemente is committed to ensuring that all City programs, services, facilities and rights of way are accessible to persons with disabilities; and
WHEREAS, the Americans with Disabilities Act of 1990 (ADA) is a federal civil rights law that prohibits discrimination on the basis of disability in public programs. services, facilities and rights of way provided by public entities; and WHEREAS, Title II of the ADA and its implementing regulations contained in Title 28 CFR Part 35 require public entities to evaluate their current services, policies, practices, and facilities to determine compliance with ADA requirements; and WHEREAS, public entities employing fifty (50) or more persons are required to develop and maintain an ADA self-evaluation and transition plan identifying physical barriers and outlining a schedule and method for their removal where such removal is necessary to achieve program accessibility; and
WHEREAS, the City previously prepared an ADA self-evaluation and transition plan and periodic updates are necessary to ensure continued compliance with federal accessibility requirements and to incorporate update facility inventories, accessibility standards and programmatic accessibility practices; and WHEREAS, the update process will include evaluation of City owned facilities, public rights of way, programs and services, and administrative policies related to accessibility, as well as opportunities for public participation by individuals with disabilities and disability advocacy organizations; and
1734
Resolution No. 26-74 Page 2
4899-8974-9408 v1
WHEREAS, the City Council desires to formally authorize the preparation of an updated self-evaluation and transition plan to guide the City’s ongoing accessibility improvements; and
WHEREAS, this item is not a project pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15378, as it involves administrative and fiscal considerations without direct physical environmental impact, and is thus exempt from CEQA; and
WHEREAS, the California Joint Powers Insurance Authority (CJPIA), in partnership with Disability Access Consultants (DAC) offers member agencies a comprehensive ADA self-evaluation and transition plan at a negotiated, discounted rate; and
WHEREAS, the City’s Purchasing Policies and Procedures No. 201-2-1 (Section XI. A.1.1.14) provides for an exemption to the formal and informal solicitation process when, “participating in a cooperative purchasing agreement or program, or using a competitively awarded agreement of another local, state, or federal government agency or joint powers authority made up of government agencies to obtain the same supplies, equipment or services at the same or lower prices,” and engaging in this cooperative agreement through CJPIA is in the City’s best interest, as it will expedite the process of engagement with a highly qualified firm and reduce the overall cost and timeline of the project.
NOW THEREFORE, the City Council of the City of San Clemente, California, does hereby find, determine, and resolve as follows:
SECTION 1. That the foregoing recitations are true, correct, and incorporated fully herein.
SECTION 2. That the City Council approves an exemption to the formal solicitation process within the City’s Purchasing Policies and Procedures No. 201-2-1 (reference Section XI. A.1.1.14) because the California Joint Powers Insurance Authority (CJPIA) has an established partnership with Disability Access Consultants to prepare ADA SelfEvaluation and Transition Plans, CJPIA’s fee is fair and reasonable, and CJPIA is partially funding this plan, and there is no reasonable possibility of obtaining better prices commensurate with the time and effort that would be expended for a formal solicitation.
SECTION 3. The City Council hereby approves the Memorandum of Understanding between the City of San Clemente and the California Joint Powers Insurance Agency in an amount of $286,850, with the City’s portion of cost being $263,350, and authorizes and directs the City Manager to execute such agreement in a form substantially similar to that presented to the City Council on April 21, 2026. 1735
Resolution No. 26-74 Page 3
4899-8974-9408 v1
SECTION 4. The City Council hereby approves a supplemental appropriation of up to $263,350 from General Fund Account No. 001-636-45900 to Account No. 001-421- 43890.
SECTION 5. 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 __________, 2026.
ATTEST:
___________________________
City Clerk of the City of
San Clemente, California
__________________________
Rick Loeffler, Mayor of the City of
San Clemente, California
1736
Resolution No. 26-74 Page 4
4899-8974-9408 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. 26-74 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
1737
Attachment 2
City of San Clemente
Proposal for Accessibility Services
AMERICANS WITH DISABILITIES ACT (ADA) SELF-EVALUATION AND
TRANSITION PLAN
March 28, 2026
Disability Access Consultants, LLC
2862 Olive Highway, Suite D
Oroville, CA 95966
1738
Disability Access Consultants Proposal to the City of San Clemente for ADA Consulting Services – July 2025 1
COVER LETTER
March 28, 2026
To: Robert Ferguson
Building Official
City of San Clemente
[email protected]
(949) 361-6170
Re: Americans with Disabilities (ADA) Self-Evaluation and Transition Plan Proposal Firm Information: Disability Access Consultants, LLC (DAC) Headquarters: 2862 Olive Highway, Suite D
Oroville, CA 95966
[email protected]
Phone: 1-800-743-7067
We appreciate the opportunity to submit our statement of qualifications and proposal for providing consultant services for an Americans with Disabilities Act (ADA) Self-Evaluation and Transition Plan for the City of San Clemente public facilities and public rights-of-way.
Under Title II of the ADA, the City of San Clemente is required to have a current Self-Evaluation and Transition Plan. Title II entities, such as the City of San Clemente may be at significant risk for claims and litigations by not having a current plan. Also, recent audit and enforcement activities by the DOJ, FHWA, CalTrans and HUD have shown that cities and other Title II entities under the ADA, potentially can have their federal pass-through funding delayed or lost, if they do not have an updated and comprehensive ADA Self-evaluation and Transition Plan.
Disability Access Consultants, LLC (DAC) has extensive experience in the evaluation of program and facility accessibility and provides a full continuum of Americans with Disabilities Act (ADA) and accessibility services for public entities, such as the City of San Clemente. Founded as a California corporation and woman owned business in 1998, DAC has provided services for the past 27 years to assist public entities to comply and implement accessibility requirements in accordance with the ADA, Title 24 of the California Building Code, Section 504 and related federal, state and local disabilityrelated nondiscrimination laws and regulation.
DAC has conducted over 28,000 building inspections, surveyed thousands of parks and playgrounds, 32,000 miles of sidewalks and performed hundreds of programmatic reviews and self-evaluations to study the accessibility of programs, services, activities, events and related areas. DAC has a comprehensive understanding of applicable standards, regulations and requirements under Title II of the ADA, California Building Code and related state accessibility standards. DAC has completed over a hundred similar studies.
To provide for easy management of the transition plan and documentation of compliance efforts, DAC has developed online software called DACTrak. DACTrak is a powerful tool to manage and update the transition plan, project costs and document progress. Custom reports can be printed in a variety of formats.
Respectfully submitted by Tim Mahoney, General Manager
1739
Disability Access Consultants Proposal to the City of San Clemente for ADA Consulting Services – July 2025 2
FIRM ORGANIZATION AND DESCRIPTION OF QUALIFICATIONS
Since DAC was founded in 1998, our firm has provided services to assist public entities to comply and implement accessibility requirements in accordance with the ADA, Title 24 of the California Building Code, Section 504 and related federal, state and local disability-related nondiscrimination laws and regulation. DAC has extensive experience in the evaluation of program and facility accessibility and provides a full continuum of Americans with Disabilities Act (ADA) and accessibility services for public entities, such as the City of San Clemente.
As our founder, Barbara Thorpe, worked with a public entity for 20 years as the ADA Coordinator, 504 Coordinator, and Director of Planning and Compliance, she has extensive experience working with individuals with disabilities and organizations representing individuals with disabilities. In addition, she has collaborated with individuals with disabilities and organizations that represent individuals with disabilities in a facilitative manner that has benefited city and town governments during her work with other municipalities. Barbara and the DAC team members have demonstrated the ability to engage and interact with individuals and organizations to assist with the prioritization, long range planning and implementation of the ADA plan.
DAC has a team of more than 25 staff, with our Senior
Director of Accessibility Services Michael Boga holding CASp Certificate #152 and our Director of Accessibility Services Candice Pursch holding CASp Certificate #1140.
Our team is dedicated to assisting public entities, such as the City of San Clemente, with ADA compliance. DAC has
a comprehensive understanding of applicable standards,
regulations and requirements under Title II of the ADA, California Building Code and related state accessibility standards.
DAC has a reputation for being responsive to the client’s needs, providing on-time project completion within budgets. DAC has a proven track record for comprehensive experience in conducting ADA Self-Evaluations and Transition Plans, implementation and related services.
DAC is currently assisting the California Joint Powers Insurance Authority (CJPIA) members, of which the City of San Clemente belongs, to assist members with ADA compliance at a discounted rate. DAC has been assisting several Joint Power Authorities since 2000 and currently provides updates, consultation, plan reviews and expert witness services. DAC has worked with public entities of all sizes, from one site to 506 sites. Members of the DAC team have also served as expert witnesses to assist public entities to defend their current practices and ADA plan. DAC has only served on the side to assist public entities to defend their practices and plan and has never assisted with litigation against a public entity. Our mission statement and philosophy embrace the enhancement and assistance to our clients to build an ADA accessibility plan while documenting previous and current compliance methods. Over the 27 years of serving our clients, DAC has demonstrated financial stability, staff stability and has a no claims insurance record.
DAC provides a full continuum of professional services that include, but are not limited to:
Facility inspections
Self-evaluations for ADA and Section 504 of the Rehabilitation Act Policy review and development
Transition plans
Public rights-of-way surveys
Consultation
Accessibility compliance intake and management software – DACTrak DACTrak training to conduct your own inspections
1740
Disability Access Consultants Proposal to the City of San Clemente for ADA Consulting Services – July 2025 3 Expert witness services
Plan reviews
ADA Plan implementation assistance and consultation
Outdoor developed and recreational areas (pools, parks, trails, camping areas) NPSI playground safety inspections
ADA Playground inspections
DAC utilizes the appropriate standard(s) for the inspection that may include, but is not limited to:
ADA Standards
California Building Code
ADA-ABA
UFAS
ANSI
Section 504 of the Rehabilitation Act
Outdoor developed and recreational standards
National Playground Safety Institute (NPSI) standards PROWAG – Federal Public Rights-of-way Guidelines
Federal Highway Administration’s Manual on Uniform Traffic Control Devices (MUTCD) Our firm stands out in the public entity arena due to proven performance in a wide range of services, from programmatic and policy reviews, facility inspections, transition plans, consultation, plan reviews and expert witness services. We excel at providing a comprehensive assessment of our clients’ current status by preparing a study of all areas related to accessibility in different departments to document ongoing compliance.
Innovative Tools, Strategies and Best Practices
Based on experience and knowledge of the accessibility field and best practices, DAC continues to develop innovative methodologies, easy to use ADA management tools, and proven, successful strategies for evaluating programs, services, activities, events, facilities, parks and public rights-ofway. DACTrak was developed by DAC for the purpose of easy and useful importing and management of the accessibility data collected in the field. DACTrak is interactive online software and is not an enhanced Excel spread sheet. The ability to collect, compile, analyze and use report data in a practical format was one of the driving forces to develop the DACTrak intake and management software.
Our DAC accessibility management software, DACTrak, provides our clients with a powerful management tool to document compliance, project costs, print custom reports and record progress.
DACTrak is not an Excel spreadsheet, but actual software that has been developed by our company to assist with the implementation and documentation of the City’s ADA plan and provides photographs of as-is site conditions, which has proved to be valuable documentation. Findings and recommendations, in addition to other data are preloaded into the DACTrak software. As DAC owns and licenses the DACTrak software, we can make custom modifications for our clients.
DACTrak Accessibility Management Software
The accessibility management software is included at no cost to the City for the first year as the cost is paid by the CJPIA. If the City decides to continue with the use of the online management software after the initial year, the cost is $2,000 and includes unlimited seat licenses. The use of the DACTrak software includes the storage and maintenance of the data. If the City decides not to continue to use the online DACTrak Accessibility Management System to maintain, update and document compliance of the ADA plan, the data can be transferred to an Excel spreadsheet or an alternate format. DAC has found that usable and easy to manage software (instead of Excel spreadsheets) is imperative to maintaining and updating the ADA plan.
Reports can be customized using categories, and findings may be organized as demonstrated in the screen shots of the DACTrak software included in the supplemental materials Appendix. 1741
Disability Access Consultants Proposal to the City of San Clemente for ADA Consulting Services – July 2025 4
PROJECT TEAM STAFFING AND RESUMES
DAC has a dedicated team of twenty-five professionals with backgrounds in administrative leadership roles with public entities, construction and code enforcement. DAC is an equal opportunity employer and our team composition includes minority and veteran representation. The team has worked together on numerous ADA compliance projects with City and Town governments and public entities.
DAC works with several large JPA’s and insurance pools to assist public entities with ADA compliance.
The DAC team has a proven record to provide on-site services in a collaborative and efficient manner.
DAC has experienced team members who have worked with public entities for successful and on time completion of numerous projects. Necessary staff members have ICC, NPSI, and CASp certification. A CASp certified Team Leader will be involved with the project and field evaluations. The project team is organized to provide a representation of skills needed to accomplish the project objectives. In addition, teams that have worked together previously will be assigned to the City of San Clemente project.
Barbara Thorpe, M.Ed., LOT
DAC President and Project Manager
As DAC Project Manager, Barbara will coordinate activities and schedules and report to the City’s Project Manager or designee. Barbara will serve in the leadership role regarding the ADA selfevaluation of programs, services, activities and events along with the review of policies and procedures. The public input process will be coordinated by Barbara in collaboration with the City.
Barbara brings 19 years of experience in public entity administration prior to founding DAC in 1998.
With an additional 27 years of experience with DAC working with school districts, city, town and county governments nationally, Barbara provides unparalleled understanding of the application of the Americans with Disabilities Act and related legislation for accessibility compliance.
In addition to assisting public entities with compliance with the ADA, Barbara has conducted compliance reviews for the California Department of Transportation (Caltrans) and the Department of the Interior to audit for compliance with the ADA, Section 504 of the Rehabilitation Act and related civil rights laws and regulations. Barbara has served as an expert witness for the Department of Justice, Office of the Attorney General. Additionally, Barbara is a licensed occupational therapist.
City of San Clemente
City Contacts
Srikant Talasila
Director of IT
Michael Boga
CASp-152, ICC
Senior Director of Accessibility Services
Candice Pursch
CASp-1140, ICC
Director of Accessibility Services
Field Inspectors (4-6)
Jennie Grover
Director of
Administrative Services
Barbara Thorpe
President
Project Manager
Tim Mahoney
General Manager
1742
Disability Access Consultants Proposal to the City of San Clemente for ADA Consulting Services – July 2025 5 Barbara served on the Division of State Architect Advisory Board and served as the vice-chair for the DSA Access Compliance Committee. Barbara has successfully spearheaded and completed over 400 public entity self-evaluation and transition plan projects that are similar to the City of San Clemente’s project.
Michael Boga, B.A. Education, California Certified Access Specialist (CASp #152), ICC Accessibility, Usability and Plans Examiner
Senior Director of Accessibility Services and Quality Control As manager of the production and the field survey teams, Michael brings a unique blend of experience in the building industry along with his understanding of individuals with disabilities to the accessibility team. Michael is a certified accessibility specialist through the International Conference of Building Officials (ICC), certified in Accessibility, Usability and Plans examination and is a California Certified CASp inspector (# 152). Michael has completed the updated DSA courses regarding the California Building Code. Michael has provided numerous staff development sessions to public entities regarding accessibility requirements for facilities, parks and public rights-of-way. If requested, Michael would provide training, assist with plan reviews and review new construction and renovations completed for compliance. Michael has worked on over 400 projects that are similar to the City of San Clemente’s ADA Self-evaluation and Transition Plan project.
1743
Disability Access Consultants Proposal to the City of San Clemente for ADA Consulting Services – July 2025 6 Candice Pursch, A.S. Building Inspection Technology, California Certified Access Specialist (CASp #1140) ICC Accessibility, Usability and Plans Examiner, Accessibility Trainer Director of Accessibility Services
Candice’s 20 years of experience with DAC includes accessibility surveys of thousands of public facilities while employed by DAC as an accessibility specialist. Her educational background includes a degree in Building Inspection Technology from Butte College and coursework in Architectural Project Management at California State University with emphasis on construction plans and specifications, construction materials and systems, building codes, construction graphics and architectural design.
Candice is a California Certified Access Specialist (CASp #1140). Candice has completed the updated DSA courses regarding the California Building Code that include CBC Amendments, Plan Review, Accessible Public Housing Regulations, Transient Lodging, Housing and Social Service Enter Establishments. Candice also has International Code Council (ICC) Certification for Accessibility, Usability and Plans Examiner. Candice is a Certified Combination Building Inspector. As a volunteer for Habitat for Humanity, Candice volunteers to help build residential homes. Candice provides oversight of accessibility specialists and performs quality control checks.
Jennie Grover, B.A. Corporate Communications
Director of Administrative Services
Jennie has worked in administration for DAC for the past 17 years. Jennie draws on her experience in technical writing to provide leadership and management of the production and technical writing team, organizing the completion of technical reports, as well as managing production schedules, staff and timelines. Jennie also organizes the process and procedure for providing opportunities for public input, as well as collecting and compiling the information received into the self-evaluation and transition plan. Jennie also provides training and help desk support for DACTrak users. 1744
Disability Access Consultants Proposal to the City of San Clemente for ADA Consulting Services – July 2025 7 Tim Mahoney, B.S.
General Manager
Tim brings 30 years of executive management experience in consulting, IT, manufacturing and the construction industries. Additionally, Tim has provided program development and management for members of professional associations for twenty years. Tim has also assisted in the design and construction of hundreds of ADA, CPSC and ASTM compliant outdoor recreation areas. As General Manager of DAC, Tim conducts quality assurance project management reviews and helps ensure contract fulfillment. Tim also provides ADA and Section 504 compliance consultation services for public entities, and staff training and development activities for public entities, businesses, and associations.
Srikant Talasila, M.S. Computer and Internet Applications Director, Information Technology
Srikant has worked in DAC’s IT Department for the past 17 years and has a total of 26 years in the field of Information Technology, holding a master’s degree in Computer Science. Srikant is very proficient in numerous software technologies, including but not limited to all modules of .Net, Java, SQL Server and Oracle. Srikant is also a Microsoft Certified Azure Solutions Architect Expert. Srikant oversees DAC’s entire IT department, including infrastructure and applications, as well as managing and overseeing all stages of the development lifecycle for new software. In addition to maintaining existing software, Srikant also ensures that all necessary software updates and version enhancements are completed. Srikant also oversees the maintenance of all hardware and verifies that all reported IT related issues are resolved quickly and efficiently.
SUBCONSULTANTS
DAC does not use subcontractors or subconsultants, as DAC prefers team members that have direct accountability and training by DAC to provide a seamless project delivery and interaction with City staff.
SCOPE OF WORK
DAC understands that the City is seeking a qualified firm to inspect, evaluate and prepare reports identifying potential barriers in the City-owned buildings, parks, parking lots and public rights-ofway.
The inspections will identify barriers or potential barriers in accordance with applicable Federal and State accessibility standards and regulations. In addition, it is understood that DAC will assist the City in developing a schedule for barrier removal over time in a cost effective and realistic manner, using programmatic solutions where available.
To successfully complete the project activities in a timely manner, DAC will work closely and collaboratively with the City of San Clemente without imposing unnecessary interruptions or burdens to staff. During the past 27 years, Barbara Thorpe and her team have developed ongoing working relationships with City, Town and County governments and have worked diligently to have clear lines of communication.
DAC has the extensive knowledge and experience with all Federal and State regulations during the past 27 years in business, that includes, but is not limited to the ADA up to and including the current 2010 Americans with Disabilities Act Standards (ADAS), 28 Code of Federal Regulation (CFR) 35, Title 24 California Building Standards Code, Title II of the ADA, PROWAG, MUTCD, Section 504 and related Federal and State Standards and Regulations.
1745
Disability Access Consultants Proposal to the City of San Clemente for ADA Consulting Services – July 2025 8 Value Added Items to Enhance the Project at No Additional Cost or that Provide a Cost Savings
In addition to the above understandings and confirmations, DAC has found through its experience of working with City, Town and County Governments and Joint Power Authorities, such as the California Joint Powers Insurance Authority, of which the City of San Clemente is a member, that certain other items enhance the level of success and implementation of ADA Transition Plans and Self-Evaluations by public entities.
The California JPIA (CJPIA) offers a discounted price to its members that has been negotiated with DAC. The CJPIA is also assisting members, such as the City, with costs for selected services for ADA compliance.
The use of DACTrak by City staff to conduct surveys at facilities, process reports and manage the information to implement and document the plan may assist the City to more efficiently and effectively achieve the City’s project objectives and will provide longevity to the plan.
As an additional value at no cost, DAC provides at least one photograph of each noncompliant accessible item or element, a record number for reference, estimated costs and other features to assist with the implementation of the Transition Plan. To provide for easy management of the transition plan and documentation of compliance efforts, DAC has developed online software called DACTrak. DACTrak is a powerful tool to manage and update the accessibility plan, project costs and document progress. Custom reports can be easily prepared, printed and saved in a variety of formats.
DAC includes the following additions at no additional cost:
Noncompliant findings and recommendations are included in the DACTrak software One or more photographs of each noncompliant finding are included Additional photographs can be viewed of the noncompliant item by one click DACTrak provides a method to schedule and track the barrier removal Documentation of progress and compliance using the progress reporting feature of DACTrak Priorities can be established and further refined using DACTrak DACTrak provides for an organized input method that captures all the information gathered from the site inspections with photographs for each noncompliant finding. All the field information is captured in an online software package and provides for “green” data collection and avoids paper and pencil checklists and unorganized photographs. DACTrak can also be used on a tablet pc to add new facilities and update compliance assessments and transition plans.
DAC has also found that having usable “software” and not just a database is very important to be able to easily manage and update the transition plan. Our extensive experience with clients needing to have an easy to manage and update plan was the catalyst for DAC to develop our DACTrak software for use by our clients. Thus, other critical issues include:
Software to update and manage your Transition Plan
The ability to document progress and barrier removal
The ability to print custom reports
The ability to update the plan “automatically” when codes change without re-inspecting sites The ability to project costs
The ability to add or delete facilities
DAC’s collection of actual measurements of as-is conditions and GIS information for public rights-ofway is another value-added item. The collection of an as-is condition is an asset to allow the user to make an informed decision based on an actual measurement. For example, if a “yes” or “no” approach is utilized to indicate if an item is compliant, the user may not know what the actual level of 1746
Disability Access Consultants Proposal to the City of San Clemente for ADA Consulting Services – July 2025 9 noncompliance is and would not be able to set a priority or severity rating. If codes change, the information collected can be re-processed without the need to re-inspect, thus providing longevity of the plan and internal capacity of the City in a cost-effective manner.
SCOPE OF WORK OVERALL PHASES
DAC proposes to execute the project in two phases. Detailed activities and deliverables are provided in the following scope of work description.
Phase I: Study and Evaluation - Self-Evaluation/Facility Survey/Barrier Assessment a) DAC will conduct an initial project kick-off meeting, if requested, with selected City of San Clemente staff to establish roles and lines of communication, refine project goals, review the overall project schedule, schedule surveys of City of San Clemente facilities and identify key City of San Clemente personnel related to the project scope. Initial self-evaluation activities will be completed during this step.
b) The initial orientation meeting should include an assessment of previous compliance activities and areas of current or potential litigation. The review of compliance activities and high priority areas will assist with the development of an overall project plan. The review and documentation of prior initiatives will also build a more defensible plan if the City is challenged by litigation. c) DAC will conduct field surveys of the buildings and facilities listed in the property schedule, as well as the City maintained public rights-of-way to sidewalks, curb ramps and signalized intersections. d) Surveys will identify all physical barriers (interior and exterior) including the path of travel in and around the facility and from the public right-of-way at each site in accordance with Title 24 of the California Building Code and the ADA Standards (previously referred to as ADAAG). e) DAC currently provides geographical information (latitude and longitude) for each identified exterior barrier in the public right-of-way that can be incorporated into the City’s Geographical Information System (GIS). DAC incorporated the map-linked GIS feature based on the needs of many of our City and County clients. DAC uses a comprehensive approach to inspecting public rights-of-way (PROW). In order to conduct an assessment of all the requirements in the PROW, DAC conducts manual measurements of the field conditions and enters the information into our DACTrak pc tablet in the field. DAC has found that the use of automated equipment for running slopes on sidewalks, such as ultra-light profilers, do not provide an actual measurement, but only provide a chart showing ranges. In some cases, if a change in level is greater than ½ inch, no actual quantifiable information is reported of how much greater or of the severity. In order to get the actual measurements for the sidewalks and intersections, the use of a “profiler” does not provide the measurements needed for items such as automated pedestrian signals and street furniture.
f) As required by the ADA, the 2010 ADA Standards will be compared with state codes (Title 24 of the California Building Code) and the standard that provides the greater level of accessibility utilized. As DAC collects as-is field conditions and records all information, data can be reprocessed if codes change without conducting a re-inspection, thus resulting in a significant savings when codes change and the plan needs to be updated.
g) Provisions and standards for historic buildings will be applied as appropriate. h) Assessments and reports will include a high degree of detail with photographs, code references, and cost estimates. The DACTrak software and reports will include additional specifics, such as as-built dimensions, progress reports, additional prioritizations, preset reporting features and other custom reports. Reports will be delivered in the format requested, and reports will also be available using DACTrak. The inclusion of photographs showing the as-is condition has proven to be valuable assistance to clients in the formulation of the decisions regarding barrier removal priorities. The DACTrak software provides an easy to use accessibility management platform that exceeds the ability to manage the plan by hard copies and binders. The assessment report of 1747
Disability Access Consultants Proposal to the City of San Clemente for ADA Consulting Services – July 2025 10 each facility will include cost estimates to correct deficiencies in accordance with the ADA, Title 24 of the California Building Code.
i) Barriers are identified by building, floor, or location and given a unique identifier record number (UIN) to assist with navigation in the accessibility software and location of the finding and recommendation by area and site. Estimated applicable costs will be given by item and element in accordance with industry standards. Costs can be easily adjusted to adhere to any cost estimates the City may utilize.
j) Physical access problems that require structural solutions will be documented in the Compliance Assessment/Transition Plan. The proposed method for removal will be provided. The transition plan will identify physical barriers that may limit accessibility of City programs, services or activities for individuals with disabilities. The schedule for removal of barriers and appropriate timelines will be developed in consultation with the City.
k) The field survey information will be presented to the ADA Compliance Team as requested using the DACTrak online accessibility management system. Many different types of reports will be available for the City. Feedback will be incorporated as appropriate. l) The survey data will be compiled into a Transition Plan which will identify actual as-is conditions and prioritize current barriers, provide a schedule for barrier removal, as well as establish procedures for addressing future accessibility issues. The Transition Plan data is able to be exported to Excel or PDF formats. The Transition Plan data will include photographs, findings, recommendations, code references, estimated costs, priority settings (in addition to prioritized report) in accessibility software for accessibility management. Photographs and GIS coordinates are valuable for the development of the transition plan. m) DAC will assist the City to solicit input from members of the community and persons with disabilities. Methods will be utilized to solicit public input may include notices, information on the website and surveys.
n) The Transition Plan data will be provided using DACTrak which has management, monitoring, and online tracking tools that allow staff to manage current and future accessibility issues, update the deficiency status, and generate reports to show progress in meeting the Transition Plan requirements.
Phase II: Implementation Phase - Transition Plan Development a) DAC will develop, in collaboration with the City a comprehensive ADA Self-Evaluation and Transition plan for facilities, buildings, parks and public rights-of-way. b) DAC will develop a first draft of the ADA Transition Plan with recommended priority levels. c) DAC will meet with the City to review the draft document and incorporate any comments, changes or feedback.
d) DAC will assist the City to conduct public outreach activities that may include website announcements, postings, surveys, announcements, individual meetings and other activities as requested.
e) DAC will prepare and produce a second draft if necessary with a detailed description of the barrier and the proposed method for barrier removal.
f) DAC will train the City in the use of the DACTrak online accessibility management system to prepare reports as well as update and manage the ADA Plan. g) DAC will provide an executive summary of the project. h) If requested, DAC can present the draft ADA Transition Plan at a regularly scheduled council meeting for discussion and for informational purposes. DAC does not recommend that the plan be adopted by the City, as adoption is not required and may cause additional discussion regarding projected dates in the plan that are meant to be “projected and estimated dates” and not final dates of barrier removal.
i) DAC will provide the City with DACTrak, an online monitoring, tracking, and management system at project completion. DACTrak allows users to review and update progress in barrier removal, and to generate many different styles of reports to document progress. DACTrak contains one or 1748
Disability Access Consultants Proposal to the City of San Clemente for ADA Consulting Services – July 2025 11 more integrated photographs that are attached to the finding, eliminating the need to reference another area or report supplement. DACTrak is an actual accessibility management software, not just electronic database of items contained in the Facility Survey Report. DAC has found that an electronic database or Excel format does not provide the City with a tool containing integrated photographs needed to implement the plan, set priorities, make notes and print custom reports.
If the City does not want to use the software, the data can be placed in an Excel spreadsheet. DAC will license DACTrak to the City to manage all of the field data collected, print custom reports, document progress, estimate costs and perform other management functions; Data collected will be the property of the City should the City decide for any reason not to continue to use the DACTrak accessibility intake and management software system; The California JPIA, of which the City is a member, has an agreement with DAC to pay for the use of DACTrak;
DACTrak will include and provide correlation with field data collected, reports, transition plans, drawings, code references, estimated costs and photographs for each noncompliant accessibility item or element;
Reference maps for GIS information will be provided in addition to a linked mapping system for each item;
DACTrak provides a description, location and record number for each barrier that allows the user to access the information and location
j) DAC will provide City staff with training regarding ADA Compliance from both a programmatic and administrative point of view and also for facility management and maintenance. 1749
Disability Access Consultants Proposal to the City of San Clemente for ADA Consulting Services – July 2025 12
COST PROPOSAL
1. Total Cost for the City of San Clemente facility/park inspections is: $148,900 Survey of the following City facilities and parks:
SITE
1) Animal Care & Adoption Center
2) Boys & Girls Club
3) Casa Romantica
4) City owned -1100 S. El Camino Real
5) City owned -1030 Calle Negocio
6) Community Center
7) Community Development
8) Dorothy Visser Senior Center
9) Fire Station 50
10) Fire Station 59
11) Fire Station 60
12) Library
13) Maintenance Service Center
14) Marine Safety Headquarters
15) Municipal Golf Course
16)North Beach Concession
17) Ole Hansen Beach Club
18) Public Parking 3 Hour Lot, 102 & 104
Granada
19) Public Parking 3 Hour Lot - 154
Granada
20) Public Parking 3 Hour Lot - Duke's
21) Public Parking 3 Hour Lot - HRH
22) Public Parking 3 Hour Lot - Kaupp
23) Public Parking 3 Hour Lot - Nick's
24) Public Parking All Day Lot - 100 Cabrillo
25) Public Parking All Day Lot - 102 & 104
Cabrillo
26) Public Parking All Day Lot - 122
Granada
27) Public Parking All Day Lot - Boatman
28) Public Parking All Day Lot - Colby
29) Public Parking All Day Lot - Community
Center/Library
30) Public Parking Pay Lot - Lower Pier
Bowl
31) Public Parking Pay Lot - Upper Pier
Bowl
32) Public Parking Pay Lot & Park - Linda
Lane
33) San Clemente Pier Base Fishermans
Galley
34) San Clemente Pier Restaurant & Tavern
35) San Clemente Pier Restrooms
36) San Clemente Pier Snack Bar, Bait &
Tackle
37) Senior Center
38) Snack Bar & Picnic Shelter North Of "T"
Street Bridge
39) Water Reclamation Facility - Building J
40) Water Reclamation Facility - Building N
41) Barron Von Willard Dog Park
42) Beach Trail
43) Bonita Canyon Park
44) Canyon View Park
45) Courtneys Sandcastle
46) Forster Ranch Park
47) Forster Ranch Park [Phase 2B]
48) Jim Johnson Memorial Sports Park
49) Leslie Park
50) Liberty Park
51) Marblehead Park
52) Max Berg Plaza Park
53) Mira Costa Park
54) Pickleball Courts
55) Pico Park
56) Rancho San Clemente Park
57) Restroom (On Beach)
58) Restrooms - End Of The Pier
59) Restrooms North Of "T" Street Bridge
60) Richard T. Steed Park - Baseball Field
61) Richard T. Steed Park - Skate Park
62) San Clemente Aquatics Center
63) San Gorgonio Park
64) San Luis Rey Park
65) Talega Park
66) Tierra Grande Park
67) Trap & Skeet Range
68) Verde Park
69) Vista Bahia Park
70) Vista Bahia Park - Little League Field
71) Vista Del Sol Park
72) Vista Hermosa Sports Park
73) Aquatics Center
74) Wedding venue at golf course
1750
Disability Access Consultants Proposal to the City of San Clemente for ADA Consulting Services – July 2025 13
2. Total estimated pricing for the inspection of Public Rights-of-Way: $130,950 City has indicated it currently owns an estimated 194 linear sidewalk miles within its City owned Public Rights-of-Way (PROW). DAC will survey an estimated 194 linear miles of City sidewalks, curb ramps, APS intersections, bus stops and on-street parking on for a total cost of $130,950 using the rate of $675 per linear mile of sidewalk.
Cost Summary
1. Total estimated cost for Facility/Park inspections (AL-2): $148,900
2. Total estimated cost for Public Rights-of-Way inspections (AL-2): $130,950 a. Total estimated cost Facilities, Parks, Housing and PROW Inspections $279,850 b. Less AL-2 Assistance Funding provided by CJPIA ($16,500) Total AL-2 Cost AL-2 to City of San Clemente $263,350
3. Cost of review of policies, procedures and programs and public input assistance :$5,000 a. Review of Programs, Policies and Procedures and Public Input Process. b. Less AL-3 Assistance Funding provided by CJPIA ($5,000) Total AL-3 to City of San Clemente $0.00
4. DACTrak Licensing is paid for by the CJPIA in year one. $2,000 a. Less CJPIA DACTrak Assistance ($2,000)
b. Year 2 and beyond DACTrak licensing is $2,000/year.
Total DACTrak Cost to City of San Clemente in Year 1 $0.00 *Total AL-2 and AL-3 Assistance provided by CJPIA: $23,500 1751
Disability Access Consultants Proposal to the City of San Clemente for ADA Consulting Services – July 2025 14 SCHEDULE: SCOPE OF SERVICES SUMMARY BY ESTIMATED TIMELINES Based upon experience, a project milestone chart is provided in months. It is estimated that the project will be completed in 15 months or sooner. The chart below is a summary of major milestones and is not necessarily representative of all of the individual project activities.
Scope of Service –Activity
or Task
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15
DAC Team Meetings with
City; survey methodologies,
deliverables and schedule
confirmation
Project planning, scheduling,
procedures review
Field inspection data compiled
Public Input and community
outreach
Draft Self-Evaluation of
services, policies, programs
and practices
Final Draft
Deliverables completed and
presentation to the City
Consultant Responsibilities
DAC will arrange all project management activities for an efficient process to develop the ADA Transition plan and provide the City with an anticipated project schedule prior to commencement of work.
DAC will perform all work in conformance with current City policies and procedures and carry out the instructions received from the City, in cooperation with other City approved and involved agencies.
DAC has the financial, operational and staff stability to complete a quality and comprehensive project on time. DAC has no adverse conditions.
Minority Utilization and Affirmative Action
DAC is an equal opportunity employer and has recruited minorities and veterans. DAC’s quality control team leader is a Vietnam veteran with a disability.
Background Checks and Fingerprinting
All employees of Disability Access Consultants have been subject background checks. DAC has FBI and DOJ clearances on file for DAC staff. We have conducted studies for school districts, state and local governments, the Federal Government, Judicial Chambers and Correctional Institutions that require background checks. DAC has found that background checks are important especially in situations where inspection staff may be working near children, and are required in certain situations. 1752
Disability Access Consultants Proposal to the City of San Clemente for ADA Consulting Services – July 2025 15 Supplemental Materials
Sample DACTrak Screen Shots and Information
These samples are generated from the DACTrak Accessibility Management online software program.
The following screen shots are recent examples generated from the DACTrak Accessibility Management online software program prepared for several public entity clients.
Upon logging in
to the secure
DACTrak website,
you are able to
choose the facility
you would like to
view and
manage. This
screen shot is an
example of a
facility list for a
recent public
entity transition
plan project.
After choosing a
facility, you are
able to use
Reports drop
down menu to
choose which
report style to
view. You may
also choose to
view multiple
facilities in one
report.
1753
Disability Access Consultants Proposal to the City of San Clemente for ADA Consulting Services – July 2025 16 The Single Finding and Dual Finding Photo Reports may be exported to an Excel workbook for easy management of the transition plan data. The Excel workbook exports into a pre-formatted table with the filter function atop each data column. The report is a fully functioning Excel spreadsheet that may be sorted, filtered and manipulated by the user.
The column for Picture identification numbers includes cells that are live links to the second tab of the workbook which contains report photos. Clicking the cell for a particular report finding will bring up the associated picture on the Photos tab. 1754
Disability Access Consultants Proposal to the City of San Clemente for ADA Consulting Services – July 2025 17 This screenshot is an example of a finding page in a Single Finding Photo Report. This type of report shows the user the finding, with accompanying recommendation to correct the non-compliant item, the associated photo, code reference(s), estimated cost to remove the barrier, and any progress that has been added to update the transition plan. 1755
Disability Access Consultants Proposal to the City of San Clemente for ADA Consulting Services – July 2025 18 Reports Sort and Filter Panel
Users are able to customize the report that is generated by making selections in the drop down menus and choice fields.
Single Facility PDF Report Options
DACTrak offers users many different styles of reports to view in a PDF file which can be exported from DACTrak and saved offline for viewing, printing or emailing. 1756
Disability Access Consultants Proposal to the City of San Clemente for ADA Consulting Services – July 2025 19 Multi Facility PDF Report Options
In addition to viewing reports for individual facilities, DACTrak offers users the ability to view findings for multiple facilities combined in as single PDF. Users choose which facilities to include from the selection list and are further able to customize the generated report by selecting filtering options.
Single Facility Excel Report Options
DACTrak also contains options to export reports to an Excel format, which can be customized using the drop down menus and selection fields. The exported Excel report is a fully functioning workbook which can be further manipulated to suit the needs of the user. 1757
Disability Access Consultants Proposal to the City of San Clemente for ADA Consulting Services – July 2025 20 Multi Facility Excel Report Options
Excel reports may also be generated to contain findings for more than one facility by using the Multi Facility Report option in DACTrak. This report is able to be customized using the available filter fields.
If the user requires a small file size for storage or emailing, the option is available to exclude photos in the generated report.
Map Overlay Report
Aerial map reports of non-compliant findings can be viewed using the Map Overlay option in DACTrak.
This report plots the locations of the findings on a user friendly interactive map. Unique icons are used to symbolize the different types of findings.
1758
Disability Access Consultants Proposal to the City of San Clemente for ADA Consulting Services – July 2025 21 Drilled Down View of Map Overlay Report
Each icon in the map overlay report is a clickable link that will expand to a pop up window identifying the finding. The individual finding information may also be printed from this feature.
Summary and Chart Reports
DACTrak also includes options for summary and chart reports to be created for individual or multiple facilities. The example below is a column chart that summarizes the number of noncompliant records by category for a facility.
1759
Disability Access Consultants Proposal to the City of San Clemente for ADA Consulting Services – July 2025 22 Global Progress Editor
Many records are able to be managed and updated with identical information from one screen using the Global Progress Editor. Users choose the records to update and the information that they would like to apply to all chosen records. Once information is entered, the user needs only to click the “Submit” button once to update all chosen records.
Priority Manager
Priority Manger allows users to manage many records on one page, but individually update each record with unique information. Once all selections are made, the user clicks “Submit” to apply all updates.
1760
Disability Access Consultants Proposal to the City of San Clemente for ADA Consulting Services – July 2025 23 Heat Map
DACTrak also provides an option for viewing locations where there is a high or low concentration of noncompliant findings in a heatmap. The following example shows locations of noncompliant exterior findings at a park, using colored icons. Information about the noncompliant findings can be viewed by clicking on each colored icon to launch an interior window with the descriptions of the findings.
The following two examples are heat maps for a park viewed in DACTrak and a signalized intersection exported to Google Earth.
1761
Attachment 3
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding (MOU) is between the California Joint Powers Insurance Authority (CJPIA) and the City of San Clemente (MEMBER) for purposes of authorizing work related to CJPIA’s ADA Assistance Program, which includes conducting self-evaluations and inspections, developing transition plans, and evaluating programs and services.
Disability Access Consultants (DAC) will perform all work for MEMBER on behalf of CJPIA in accordance with all terms, covenants, standards and conditions set forth in that certain agreement between the CJPIA and DAC, entered into on March 14, 2017 of which MEMBER shall be considered a third party beneficiary to that agreement. Copies of the agreement are attached hereto as and incorporated herein by reference as if fully set forth herein.
This MOU also discloses costs related to the aforementioned work, which will be billed directly to CJPIA. CJPIA will then invoice MEMBER, less the amount of CJPIA ADA Assistance Program funding. MEMBER agrees to pay the invoiced amount within 30 days of billing by CJPIA.
1. Total cost for all work to be performed by DAC, $286,850 as per attached DAC written proposal
2. Total program funding provided by CJPIA to be $23,500 paid directly to DAC on behalf of MEMBER
for the aforementioned work
3. Total amount owed by MEMBER, representing $263,350
difference between Line 1 and Line 2, which
will be billed by CJPIA
Should additional inspection items be added to the scope of work, DAC will provide an addendum to the proposal. MEMBER acknowledges and agrees to be responsible for any additional costs incurred from the addition of these items to the scope of work (e.g., buildings, facilities, bus stops, sidewalk mileage, etc.). A revised MOU must be executed by the MEMBER and CJPIA, before proceeding with additional work.
____________________________________ _______________
[MEMBER authorized representative name, title] Date
April 2, 2026
Lucy Brockmeier, Senior Risk Manager Date
1762
Attachments: DAC Proposal, DAC Professional Services Agreement and addenda 1763
Attachment 4
1764
1765
1766
1767
1768
1769
1770
1771
1772
1773
1774
1775
1776
ADDENDUM TO AGREEMENT
BETWEEN THE CALIFORNIA JOINT POWERS INSURANCE AUTHORITY AND
DISABILITY ACCESS CONSULTANTS
This Addendum (“ADDENDUM”) is made and entered into this 1st day of July, 2024, by and between the California Joint Powers Insurance Authority (“The AUTHORITY”) and Disability Access Consultants (“CONSULTANT”) (together sometimes referred to as “Parties”).
WITNESSETH:
WHEREAS, the AUTHORITY and CONSULTANT entered into an Agreement (hereinafter referred to as “AGREEMENT”) for Americans with Disabilities Act (“ADA”) compliance consulting services related to the AUTHORITY’s ADA Assistance Program, which was approved by the AUTHORITY’s Chief Executive Officer on March 14, 2017; and WHEREAS, for and in consideration of the mutual advantages to be derived therefrom and in consideration of the execution of this ADDENDUM, both the AUTHORITY and CONSULTANT desire to revise the AGREEMENT in the manner described herein; and WHEREAS, the AGREEMENT shall be amended as follows:
1. Section 1.1 (“Term of Services”) of AGREEMENT shall reflect the term being extended until June 30, 2026. If all Parties agree that further extending the AGREEMENT beyond June 30, 2026, is in the best interest of all Parties, then another addendum shall be executed at the appropriate time.
2. Section 1.6 (“Eligible Recipients of Services”) of the AGREEMENT shall read as follows:
California JPIA members will receive a funding allowance toward ADA assistance level services as outlined under the scope of this agreement. Additional services outside of the ADA assistance level services shall also be available at the agreed upon hourly rate of $120 per consultant. All members of the California JPIA are eligible, including but not limited to:
City of Agoura Hills, Agoura Hills and Calabasas Community Center, City of Alhambra, City of Aliso Viejo, Town of Apple Valley, Area E Disaster Management, City of Arroyo Grande, City of Artesia, City of Atascadero, City of Azusa, City of Bell Gardens, City of Bellflower, Big Bear City Community Services District, Big Bear Fire Authority, City of Big Bear Lake, City of Bishop, Black Gold Cooperative Library System, City of Bradbury, City of Brawley, City of Buellton, City of Calabasas, City of Camarillo, City of Carpinteria, City of Cerritos, City of Chino Hills, City of Claremont, Coachella Valley Association of Governments, Coachella Valley Conservation Commission, Coastal Animal Services Authority, City of Commerce, City of Dana Point, Desert Recreation District, City of Diamond Bar, City of Duarte, Eastern Sierra Transit Authority, City of El Centro, City of Fillmore, Foothill Transit, Gateway Cities Council of Governments, City of Goleta, City of Grand Terrace, City of Grover Beach, City of Guadalupe, City of Hawaiian Gardens, City of Hermosa Beach, City of Hidden Hills, City of Imperial, City of Indian Wells, City of Indio, City of Irwindale, City of La 1777
Canada Flintridge, City of La Habra Heights, LA IMPACT, City of La Mirada, City of La Palma, City of La Puente, City of La Quinta, City of La Verne, City of Laguna Hills, City of Laguna Niguel, City of Laguna Woods, City of Lake Elsinore, City of Lake Forest, City of Lakewood, LA-RICS, City of Lawndale, City of Lemon Grove, City of Loma Linda, City of Lomita, City of Malibu, City of Mammoth Lakes, Midpeninsula Regional Open Space District, City of Mission Viejo, City of Monrovia, Monterey Peninsula Regional Park District, City of Moorpark, City of Morro Bay, Mountain Area Regional Transit Authority, City of Needles, City of Norwalk, City of Ojai, Orange County Council of Governments, City of Pacific Grove, City of Palm Desert, City of Palos Verdes Estates, Palos Verdes Peninsula Transit Authority, City of Paramount, City of Paso Robles, City of Pismo Beach, Pomona Valley Transportation Authority, City of Port Hueneme, City of Poway, City of Rancho Palos Verdes, City of Rolling Hills, City of Rolling Hills Estates, City of Rosemead, Rossmoor Community Services District, City of San Clemente, City of San Dimas, City of San Gabriel, City of San Juan Capistrano, City of San Luis Obispo, City of San Marcos, City of San Marino, City of Santa Clarita, City of Santa Fe Springs, City of Santa Paula, City of Seal Beach, City of Seaside, Seaside County Sanitation District, City of Signal Hill, City of Solvang, City of South El Monte, Southeast Area Animal Control Authority, Southern California Association of Governments, City of Stanton, City of Temple City, Ventura Port District, City of Villa Park, City of Vista, City of Walnut, West Cities Police Communication Center, City of West Covina, City of West Hollywood, City of Westlake Village.
IN WITNESS WHEREOF, the Parties hereto have caused this ADDENDUM to be executed this 1st day of July 2024.
“The Authority” “Consultant”
California Joint Powers Insurance Authority Disability Access Consultants, LLC ___________________________________ ________________________________________ Alex Smith, Chief Executive Officer Tim Mahoney, General Manager ___________________________
m Mahoney, General Manager
_____________________________
lex Smith, Chief Executive Officer
1778
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
AGENDA REPORT
CITY OF SAN CLEMENTE
CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: April 21, 2026 Agenda Item: 11K.
Submitted By: Beaches, Parks and Recreation
Prepared By: Samantha Wylie, Beaches, Parks, & Recreation Director Subject:
..titl e
CONSIDERATION OF RESOLUTION NO. 26-75 APPROVING A FUNDRAISING AGREEMENT
WITH THE PIERPRIDE, DBA SAN CLEMENTE PIER CONSERVANCY, FOR THE PIER UNDERPASS/ENTRANCE PROJECT, PN 23102 ..body
Summary:
The City Council is being asked to consider a Fundraising Agreement with the San Clemente Pier Conservancy (“Conservancy”) authorizing the Conservancy to solicit private funding and in-kind contributions for enhancements associated with the Pier Underpass/Entrance Project, PN 23012 (“Project”). The Agreement establishes clear parameters for fundraising, donor recognition, and City oversight while leveraging private investment to enhance the Project.
Background:
The City is advancing the Pier Underpass / Entrance Project to improve pedestrian connectivity, safety, and the visual character of the pier entrance area. The Project includes improvements to the underpass and surrounding areas, including pedestrian pathways and aesthetic enhancements.
The organization formerly known as the PierPride Foundation has rebranded as the San Clemente Pier Conservancy and continues its mission of supporting pier enhancements and beautification. The Conservancy has expressed interest in supporting the Project through private fundraising efforts, prompting the development of a formal agreement.
Discussion:
The proposed Agreement authorizes the Conservancy to fundraise for defined Project enhancements while maintaining full City control over all design, construction, and operations (Attachment 1). The Agreement establishes a structured funding model under which the Conservancy will contribute a minimum of twenty-five percent (25%) of total Project costs and may elect to fundraise up to 100% of specific enhancements. The City will provide planning-level cost estimates to assist with sponsorship development; however, the City retains full authority over procurement and installation, and no improvements will be installed without sufficient funding to cover actual costs.
Fundraising may support public art within the underpass, site furnishings including up to three benches, lighting, and landscape enhancements, a donor recognition plaque, and an optional outdoor sound system. All improvements are subject to City review and approval and must comply with applicable City standards, including Arts & Culture policies. Amenities/improvements provided by the Conservancy become City property upon installation. The Agreement also 1779
Meeting Date: April 21, 2026 Agenda Item: 11K.
CITY OF SAN CLEMENTE 2
includes provisions related to public art intellectual property, donor recognition limitations, and a non-precedent clause confirming that the authorization is specific to this Project.
Considerations Identified by Staff:
Staff has coordinated internally to ensure the Agreement aligns with procurement requirements, public art policies, and risk management considerations. The Agreement provides a balanced approach that leverages private funding while maintaining City control and protecting public interests. The structure of the Agreement ensures that donor expectations are clearly defined, improvements meet City standards, and no financial obligation is incurred without secured funding.
The ability for the Conservancy to retain funds raised above the cost of specific improvements supports long-term stewardship through its endowment, aligning with broader community enhancement goals.
Council Options:
Adopt Resolution No. 26-75, approving the Fundraising Agreement with the San Clemente Pier Conservancy; or
Approve the Agreement with modifications; or
Provide alternate direction to staff; or
Take no action.
Environmental Review/Analysis:
The approval of the Fundraising Agreement is not a project under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15378, as it constitutes an administrative activity. Environmental review for the Project will be conducted separately, as required.
Fiscal Impact:
Approval of the Agreement is intended to supplement existing Project funding through private contributions.
As documented in the Conservancy’s funding letter dated March 20, 2026, the San Clemente Pier Conservancy Board has formally approved a pledge of $40,000, which represents approximately twenty-five percent (25%) of the estimated Project construction cost. Consistent with the proposed Agreement, these funds would be provided to the City at the project’s midpoint.
In addition to this contribution, the Conservancy has approved the ability to fundraise up to 100% of the cost of specific Project amenities, including public art, benches, lighting, landscape enhancements, and related improvements. Any funds raised beyond the City’s actual cost to procure and install such amenities may be retained by the Conservancy and directed toward its endowment fund to support ongoing stewardship and enhancement of the pier area. 1780
Meeting Date: April 21, 2026 Agenda Item: 11K.
CITY OF SAN CLEMENTE 3
The Agreement ensures that no City expenditures are incurred for these enhancements unless sufficient funds have been secured to cover actual costs.
Recommended Action(s):
..recommendation
Staff Recommends that the City Council:
1. Adopt Resolution No. 26-75, approving the Fundraising Agreement between the City of San Clemente and PierPride, dba San Clemente Pier Conservancy; and
2. Authorizing the City Manager to execute the Agreement. ..end
Attachment:
1. Resolution No. 26-75
2. Pier Underpass Funding Agreement (C26-34) – San Clemente Pier Conservancy
3. Project Funding Letter/Commitment
Notification:
San Clemente Pier Conservancy
1781
Attachment 1
RESOLUTION NO. 26-75
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN CLEMENTE, CALIFORNIA, APPROVING A
FUNDRAISING AGREEMENT WITH PIERPRIDE, DBA SAN
CLEMENTE PIER CONSERVANCY, FOR THE PIER
UNDERPASS/ENTRANCE PROJECT, PN 23102
WHEREAS, the City of San Clemente (“City”) is undertaking improvements associated with the Pier Underpass/Entrance Project PN 23102 (“Project”) to enhance pedestrian connectivity, safety, and the aesthetic character of the pier entrance area; and WHEREAS, the organization formerly known as PierPride has rebranded and is doing business as the San Clemente Pier Conservancy (“Conservancy”) and is a nonprofit public benefit corporation dedicated to supporting community enhancements and stewardship of public spaces; and
WHEREAS, the Conservancy has expressed its desire to support the Project through private fundraising efforts and has formally pledged a financial contribution toward the Project; and
WHEREAS, the Conservancy’s Board has approved a contribution representing approximately twenty-five percent (25%) of the estimated Project cost, as well as the ability to fundraise for additional Project enhancements; and
WHEREAS, the City and the Conservancy have negotiated a Fundraising Agreement (“Agreement”) establishing the terms under which the Conservancy may solicit donations and sponsorships for specific Project enhancements, including public art, site furnishings, lighting, and landscape improvements, and related elements; and WHEREAS, the Agreement ensures that the City retains full authority over design, construction, procurement, and maintenance of all Project improvements, and that all improvements shall become the property of the City upon installation; and WHEREAS, the Agreement includes provisions addressing donor recognition, public art standards, intellectual property rights, and a non-precedent clause clarifying that the authorization is specific to this Project.
NOW, THEREFORE, the City Council of the City of San Clemente does hereby resolve as follows:
SECTION 1. The City Council hereby approves the Fundraising Agreement between the City of San Clemente and the San Clemente Conservancy for the Pier Underpass/Entrance Project, in substantially the form presented, subject to minor, nonsubstantive revisions approved by the City Manager in consultation with the City Attorney. 1782
Resolution No. 26-75 Page 2
SECTION 2. The City Manager is hereby authorized and directed to execute the Agreement on behalf of the City.
SECTION 3. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
PASSED AND ADOPTED this _____ day of ____________________, _______.
ATTEST:
___________________________ __________________________
City Clerk of the City of Rick Loeffler, Mayor of the City of San Clemente, California San Clemente, California
1783
Resolution No. 26-75 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. 26-75 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
1784
Attachment 2
FUNDRAISING AGREEMENT FOR
PIERPRIDE
This License Agreement (“Agreement”) is made and entered into this ___ of ________, 2026 (“Effective Date”), by and between the City of San Clemente, a municipal corporation (“City”), and the PierPride, dba San Clemente Pier Conservancy, a California nonprofit corporation (“Conservancy”), collectively referred to as the “Parties.”
R E C I T A L S
WHEREAS, the City is undertaking improvements associated with the Pier Underpass / Entrance Project (“Project”) intended to enhance pedestrian safety, accessibility, and aesthetic character at the pier entrance; and
WHEREAS, the Conservancy is a nonprofit organization whose mission includes supporting civic beautification, community projects, and enhancements to the San Clemente Pier area; and
WHEREAS, the Conservancy has expressed its desire to solicit private donations and sponsorship support to assist with certain enhancements to the Project, including public art, benches, lighting, landscape elements, and donor recognition; and WHEREAS, the City desires to authorize limited fundraising activities in support of the Project while retaining full authority over design, construction, and operation of all public improvements; and
WHEREAS, the Parties wish to establish clear parameters governing fundraising activities, donor recognition, public art standards, and intellectual property rights associated with artwork installed within the Project area.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties agree as follows:
C O N V E N A N T S
Article I. PURPOSE
Section 1.01 The purpose of this Agreement is to authorize the Conservancy to solicit private funding support for specific enhancements to the Project while ensuring compliance with City policies, public art standards, and municipal contracting requirements.
Article II. CONSERVANCY RESPONSIBILITIES AND AUTHORIZATIONS Section 2.01 The City authorizes the Conservancy, for the term of this Agreement, to solicit voluntary donations in support of the Project elements described herein.
Section 2.02 All fundraising materials, sponsorship packages, donor messaging, and recognition concepts shall be reviewed and approved by the City prior to public distribution.
Section 2.03 The Conservancy shall not:
1785
4932-3072-4506 v1
(a) Bind the City to any agreement or obligation;
(b) Offer naming rights or exclusive privileges; or
(c) Represent that donations guarantee design outcomes or placement.
Section 2.04 Funds raised pursuant to this Agreement shall be limited to the following Project elements (collectively, “Project Amenities”) and shall be subject to City approval:
(a) Public Art. Public art installations, including artwork applied to or installed on all walls within the Project area and the stair landing.
(b) Benches. Up to three (3) benches within the expanded sidewalk area, subject to City approval of design, materials, and placement. Benches may be customized with plaques or inscriptions, in a similar form to the C.A.R.E. amenity donation program. (c) Lighting and Landscape Enhancements. Supplemental lighting and landscape improvements consistent with City-approved plans.
(d) Dedication Plaque. One (1) bronze dedication plaque not to exceed 18 inches by 24 inches (18” x 24”), with final wording, design, and location subject to City approval. (e) Outdoor Sound System (Optional Enhancement). Conservancy may solicit donations or accept in-kind contributions for the procurement and installation of an outdoor sound system within the pier underpass area intended to enhance the ambiance and visitor experience.
Article III. CONSERVANCY CONTRIBUTIONS
Section 3.01 Total Project Costs. The Conservancy shall donate to the City a lump-sum contribution equal to at least twenty-five percent (25%) of the total Project cost, to be applied toward overall Project costs by the City. All funds shall be remitted to the City and expended in accordance with City financial procedures.
Section 3.02 Project Amenities. The Conservancy elects to fundraise one hundred percent (100%) of the costs associated with the procurement and installation of the Project Amenities identified in this Agreement, including but not limited to public art elements, benches, lighting, landscape enhancements, and the dedication plaque.
To the extent permissible by applicable law, the Conservancy may structure sponsorship or donor opportunities at amounts exceeding the estimated cost of the associated Project Amenity. At a minimum, the Conservancy shall remit to the City the amount necessary to cover the City’s actual costs associated with the purchase and installation of the Project Amenity. The City acknowledges that it shall not be entitled to any funds raised by the Conservancy in excess of Project Amenity costs or the amount committed under Section 3.01 and that the Conservancy may retain and direct such excess fundraising toward the PierPride Conservancy Endowment Fund, or another charitable fund administered by the Conservancy, for the purpose of supporting ongoing stewardship, beautification, and community improvements in the pier area, to the extent permitted by applicable law.
/ / /
1786
4932-3072-4506 v1
Article IV. CITY AUTHORITY
Section 4.01 The City retains sole authority over Project design, construction, procurement, installation, and maintenance.
Section 4.02 All improvements funded under this Agreement shall become the sole property of the City upon installation.
Section 4.03 The City reserves the right to modify, relocate, maintain, or remove any improvement as necessary for public safety, operational needs, or future improvements.
Section 4.04 All artwork funded under this Agreement shall:
(a) Comply with City Arts & Culture policies and applicable municipal code provisions; (b) Be reviewed and approved through the City’s established public art process, if required; and
(c) Meet durability, safety, and maintenance standards acceptable to the City.
Section 4.05 The City retains final approval authority over all artistic concepts, materials, installation methods, and recognition elements.
Article V. PUBLIC ART INTELLECTUAL PROPERTY
Section 5.01 To the extent artwork is commissioned or installed as part of the Project, the Conservancy shall ensure that artists grant the City a perpetual, irrevocable, royalty-free license to use, photograph, reproduce, display, and distribute images of the artwork for governmental, educational, promotional, and archival purposes through an agreement in a form acceptable to the City.
Section 5.02 Artists shall waive, to the extent permitted by law, any claims under the California Art Preservation Act or similar statutes that would prevent maintenance, repair, relocation, or removal of artwork when deemed necessary by the City.
Section 5.03 The City shall retain the right to maintain, modify, relocate, or remove artwork in its sole discretion, consistent with public safety and operational needs.
Article VI. TERM
Section 6.01 This Agreement shall commence on the Effective Date and shall automatically terminate upon completion of the Project, as determined by the City.
Article VII. INSURANCE
Section 7.01 The City expressly waives its standard insurance requirements for this Agreement.
No insurance shall be required of Licensee. Any insurance that Licensee requires of its contractors in connection with the Equipment authorized herein shall also name the City as an additional insured.
1787
4932-3072-4506 v1
Article VIII. INDEMNIFICATION
Section 8.01 The Conservancy shall defend (with counsel acceptable to City), indemnify, and hold harmless the City and its officers, officials, employees, and agents from and against any claims, damages, liabilities, losses, fines, penalties or costs (including attorney and expert fees) arising out of or related to the (1) acts or omissions of the Conservancy and its officers, employees, agents and volunteers contemplated in, arising out of or related to this Agreement; (2) fundraising activities; or (3) claims by third parties who have made donations to the Conservancy.
Article IX. TERMINATION
Section 9.01 For Convenience. Either Party may terminate this Agreement upon thirty (30) days’ written notice. Termination shall not relieve either Party from the provisions in this Agreement that naturally survive termination, like the indemnification obligations.
Article X. NOTICES
All notices shall be delivered to:
City of San Clemente
910 Calle Negocio
San Clemente, CA 92673
ATTN: Beaches, Parks & Recreation Director and City Clerk PierPride
P.O. BOX 73544
San Clemente, CA 92672
Article XI. MISCELLANEOUS
Section 11.01 Assignment. The Conservancy shall not assign or transfer this Agreement without prior written consent of the City.
Section 11.02 Waiver. Failure of either Party to enforce any provision shall not constitute a waiver of that provision.
Section 11.03 Severability. If any provision of this Agreement is found invalid or unenforceable, the remaining provisions shall remain in full force and effect.
Section 11.04 Authority to Execute. Each signatory represents that they are duly authorized to execute this Agreement on behalf of their respective Party.
Section 11.05 Governing Law. The Conservancy shall comply with all applicable federal and California laws related to the performance of this Agreement or the solicitation and receipt of donations.
Section 11.06 Entire agreement. This Agreement constitutes the entire understanding between the Parties regarding the subject matter and supersedes any previous oral or written understandings.
1788
4932-3072-4506 v1
Section 11.07 Amendments. Any modifications to this Agreement must be in writing and signed by authorized representatives.
Section 11.08 Counterparts/Electronic Signatures. This Agreement may be executed in counterparts, which together shall constitute one and the same agreement. This Agreement may be executed electronically with the same force and effect as original, ink signatures.
WHEREFORE, the Parties execute this Agreement, agreeing to be bound by the above terms and conditions effective as of the date first entered above.
CITY OF SAN CLEMENTE
By:_______________________________
Andy Hall, City Manager
ATTEST: Dated: __________________, 2026
By: _____________________________
CITY CLERK of the City of
San Clemente, California
APPROVED AS TO FORM:
By: _____________________________
Elizabeth A. Mitchell, City Attorney
PIERPRIDE,
a California nonprofit corporation
By:_____________________________
Eileen Kawas, CEO
Dated: __________________, 2026
By:_____________________________
Jim Nielsen, CFO
Dated: __________________, 2026
1789
Attachment 3
1790
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
AGENDA REPORT
CITY OF SAN CLEMENTE
CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: April 21, 2026 Agenda Item: 11L.
Submitted By: Beaches, Parks and Recreation
Prepared By: Samantha Wylie, Beaches, Parks & Recreation Director Subject:
..titl e
CONSIDERATION OF RESOLUTION NO. 26-76 IN SUPPORT OF ASSEMBLY BILL 1954 (AB1954)
..body
, REGULATING THIRD-PARTY GOLF RESERVATION PLATFORMS
Summary:
Staff recommends that the City Council adopt a resolution supporting Assembly Bill 1954 (AB 1954), which would prohibit third-party golf reservation service platforms from listing, advertising, promoting, or selling tee times for a golf course without a written agreement with the course operator. The proposed legislation is intended to protect golf course operators, consumers, and the integrity of tee time reservation systems.
Background:
In recent years, golf course operators throughout California, including municipal courses, have experienced increasing challenges related to unauthorized third-party reservation platforms.
These platforms often acquire tee times through automated means or bulk reservations and subsequently resell them at inflated prices without the knowledge or consent of the course operator. This activity has led to several operational and customer service concerns, including reduced availability for residents, disruption of reservation systems, and confusion among patrons regarding pricing and booking legitimacy.
Assembly Bill 1954 has been introduced to address these issues by requiring a formal written agreement between golf course operators and third-party reservation platforms before tee times can be marketed or sold.
The bill has gained support from a wide coalition of public agencies and golf industry organizations, including the League of California Cities, the Southern California Golf Association, the Southern California PGA, the California Alliance for Golf, and the California Golf Course Owners Association, as well as major municipalities such as the City of San Diego and the City of Los Angeles.
Discussion:
The City operates the San Clemente Municipal Golf Course as an enterprise fund, relying on golfrelated revenues to support ongoing maintenance, operations, and capital improvements.
Protecting the integrity of the tee time reservation system is essential to maintaining equitable access for residents and ensuring financial sustainability. Unauthorized third-party reservation platforms undermine these objectives in several ways, including loss of pricing and access control, displacement of residents, customer confusion, and operational disruption caused by automated booking practices.
1791
Meeting Date: April 21, 2026 Agenda Item: 11L.
CITY OF SAN CLEMENTE 2
AB 1954 establishes a clear framework requiring written authorization for third-party platforms to market or sell tee times. This approach aligns with the City’s ongoing efforts to protect tee time integrity through technological safeguards and enforcement measures. Adoption of a resolution supporting AB 1954 would formally position the City alongside other public agencies and industry partners advocating for fair access, consumer protection, and operational transparency within the golf industry.
Considerations Identified by Staff:
Supporting AB 1954 aligns with the City’s fiduciary responsibility to protect enterprise fund revenues and further reinforces recent discussions related to Ordinance No. 1801, which seeks to codify the prohibition of unauthorized resale and automated booking practices within the San Clemente Municipal Code.
The legislation promotes equitable access to municipal golf facilities, particularly for residents. As such, the adoption of a resolution formalizes the City’s position and strengthens regional advocacy efforts.
Council Options:
Adopt Resolution No. 26-76, authorizing support for AB 1954 and authorizing the Mayor to submit a letter of support to the State Legislature.
Provide alternate direction to staff.
Take no action.
Environmental Review/Analysis:
This action is not a project under the California Environmental Quality Act (CEQA) pursuant to Section 15378, as it involves organizational and administrative activities that will not result in a direct or indirect physical change in the environment.
Fiscal Impact:
None.
Recommended Action(s):
..recommendation
Staff recommends that the City Council adopt Resolution No. 26-76 supporting Assembly Bill 1954 (AB 1954), and authorizing the Mayor to execute a letter of support on behalf of the City. ..end
Attachment:
1. Resolution No. 26-76
2. AB 1954
3. Letter in support of AB 1954
Notification:
The Honorable Chris Ward, California State Assembly
1792
Attachment 1
RESOLUTION NO. 26-76
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN CLEMENTE, CALIFORNIA, SUPPORTING ASSEMBLY
BILL 1954 (AB 1954) REGARDING REGULATION OF THIRDPARTY GOLF RESERVATION SERVICE PLATFORMS WHEREAS, the City of San Clemente owns and operates the San Clemente Municipal Golf Course as an enterprise fund to provide recreational opportunities for residents and visitors while supporting ongoing maintenance, operations, and capital improvements; and
WHEREAS, the City is committed to ensuring equitable access to tee times, maintaining fair pricing, and preserving the integrity of its golf reservation system; and WHEREAS, unauthorized third-party golf reservation service platforms have emerged that list, advertise, promote, or sell tee times without the knowledge or consent of golf course operators; and
WHEREAS, these unauthorized practices may result in reduced availability of tee times for residents, inflated resale pricing, customer confusion, and disruption to golf course operations; and
WHEREAS, Assembly Bill 1954 (AB 1954) has been introduced to prohibit third-party reservation platforms from listing, advertising, promoting, or selling tee times without a written agreement with the golf course operator; and
WHEREAS, AB 1954 is intended to protect consumers, support fair access to public golf facilities, and preserve the operational integrity of golf course reservation systems; and WHEREAS, the City Council finds that supporting AB 1954 is consistent with the City’s fiduciary responsibility to protect enterprise fund revenues and ensure fair and equitable access to municipal recreational facilities.
NOW, THEREFORE, the City Council of the City of San Clemente does hereby resolve as follows:
SECTION 1. The above recitals are true and correct and are incorporated herein by this reference.
SECTION 2. The City Council hereby supports Assembly Bill 1954 (AB 1954), which would prohibit third-party golf reservation service platforms from listing, advertising, promoting, or selling tee times without a written agreement with the golf course operator.
SECTION 3. The City Council directs staff to communicate the City’s support for AB 1954 to the appropriate legislative representatives and relevant stakeholders. 1793
Resolution No. 26-76 Page 2
SECTION 4. The Mayor is hereby authorized to execute a letter of support on behalf of the City and City Council.
SECTION 5. 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 Rick Loeffler, Mayor of the City of San Clemente, California 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. 26-76 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
1794
AMENDED IN ASSEMBLY MARCH 17, 2026
california legislature—2025–26 regular session
ASSEMBLY BILL No. 1954
Introduced by Assembly Member Ward
February 13, 2026
An act to add Chapter 45 (commencing with Section 22949.93) to Division 8 of the Business and Professions Code, relating to business. legislative counsel’s digest
AB 1954, as amended, Ward. Municipal golf courses: reservations.
Existing law authorizes a city to purchase, lease, receive, hold, and enjoy real and personal property, and control and dispose of that property for the common benefit. Existing law authorizes the legislative body of a city to acquire property needed for specified purposes, including golf courses.
Existing law, the Unfair Competition Law (UCL), defines unfair competition to mean and include an unlawful, unfair, or fraudulent business act or practice, unfair, deceptive, untrue, or misleading advertising, and any false representations to the public. Existing law makes a person who engages in unfair competition liable for a civil penalty not to exceed $2,500 for each violation, and requires that this penalty be assessed and recovered in a civil action brought by specified persons and entities, including cities.
This bill would prohibit an operator of a third-party golf reservation service platform from listing, advertising, promoting, or selling reservations for a golf course owned by a local public agency without a written authorization from the golf course operator, as specified. The bill would provide that a violation of these provisions constitutes an unlawful business act or practice under the UCL.
98 Attachment 2
1795
The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
The people of the State of California do enact as follows:
line 1 SECTION 1. The Legislature finds and declares the following:
line 2 (a) The State of California is home to many golf courses that line 3 attract tourists from around the world. They also provide line 4 recreational, social, health, and charitable benefits to the residents line 5 of the communities in which they are located.
line 6 (b) There are over 200 courses in California that are municipally line 7 owned by a mix of state, city, county, city and county, and charter line 8 cities. Because these public courses are parts of publicly owned line 9 park systems, they operate per-pricing structures that make them line 10 maximally available to local residents, seniors, juniors, schools, line 11 school athletic teams, and local clubs and civic organizations. This line 12 pricing creates a demand for tee times that, in California’s urban line 13 areas, are among the highest if not the highest in the nation. line 14 (c) Tee time brokers have become a significant issue throughout line 15 the state. By booking tee times en masse and selling, reselling, and line 16 brokering them at inflated prices on a secondary market, they line 17 substantially reduce the already strained supply of recreational line 18 opportunities available to California residents and harm the ability line 19 of the state’s municipal golf course owners to operate them per a line 20 maximally affordable business model providing maximal equitable line 21 public access.
line 22 (d) The Legislature finds and declares that Section 2 of this act line 23 adding Chapter 45 (commencing with Section 22949.93) to the line 24 Business and Professions Code addresses a matter of statewide line 25 concern rather than a municipal affair as that term is used in Section line 26 5 of Article XI of the California Constitution. Therefore, Section line 27 2 of this act applies to all cities, including charter cities. line 28 SEC. 2. Chapter 45 (commencing with Section 22949.93) is line 29 added to Division 8 of the Business and Professions Code, to read:
line 30
line 31 Chapter 45. Blocking Illegitimate Reservations and line 32 Protecting Equitable Access to California’s Publicly 98 AB 1954 — 2 —
1796
line 1 Owned Golf Courses Act Protecting Access to Reservations line 2 Act
line 3
line 4 22949.93. This chapter shall be known, and may be cited, as line 5 the “Blocking Illegitimate Reservations and Protecting Equitable line 6 Access to California’s Publicly Owned Golf Courses Act.” line 7 Protecting Access to Reservations Act.
line 8 22949.93.1. For purposes of this chapter, the following line 9 definitions apply:
line 10 (a) “Affiliate” means any entity that, directly or indirectly, line 11 through one or more intermediaries, controls, is controlled by, or line 12 is under common control with, another entity.
line 13 (b) “Golf course” means a golf course and its accessory facilities line 14 and services that are owned by a local agency. “Golf course” line 15 includes clubhouses, driving ranges, golf cart storage, locker and line 16 shower facilities, and sales facilities.
line 17 (c) “Golf course operator” means either of the following:
line 18 (1) A local agency operating a golf course.
line 19 (2) An entity operating a golf course through a contractual line 20 relationship with the local agency, including a license, lease, or line 21 management agreement.
line 22 (d) “Local agency” means a county, city and county, city, or line 23 charter city. “Local agency” includes a special district and joint line 24 powers authority.
line 25 (e) “Third-party golf reservation service platform” means a line 26 website, mobile application, or other internet platform that is owned line 27 or operated by an entity other than a golf course operator and that line 28 offers or arranges reservations for on-premises service for a line 29 customer at a golf course.
line 30 22949.93.2. (a) An operator of a third-party golf reservation line 31 service platform shall not list, advertise, promote, or sell line 32 reservations for a golf course in the third-party reservation service line 33 platform without a written agreement between the operator of the line 34 third-party golf reservation service platform and the golf course line 35 operator that authorizes that reservation service. line 36 (b) The authority provided in a written agreement described in line 37 subdivision (a) does not extend to an affiliate website or other line 38 internet platform unless the written agreement explicitly provides line 39 that authority to that affiliate website or internet platform. 98 — 3 — AB 1954
1797
line 1 22949.93.3. Any violation of this chapter constitutes an line 2 unlawful business act or practice within the meaning of Chapter line 3 5 (commencing with Section 17200) of Part 2 of Division 7.
O
98 AB 1954 — 4 —
1798
Attachment 3
City Hall ● 910 Calle Negocio, San Clemente CA 92673 ● (949) 361-8200 ● www.san-clemente.org
OFFICE OF THE MAYOR
AND CITY COUNCIL
Rick Loeffler
Mayor
Steve Knoblock
Mayor Pro Tem
Victor Cabral
Mark Enmeier
Zhen Wu
CITY MANAGER
Andy Hall
910 Calle Negocio
San Clemente, CA 92673
Phone: (949) 361-8200
“The Spanish Village
by the Sea”
April 21, 2026
The Honorable Chris Ward
California State Assembly
1021 O Street
Sacramento, CA 95814
Re: SUPPORT – AB 1954: Blocking Illegitimate Reservations and Protecting Equitable Access to California’s Publicly Owned Golf Courses Act Dear Assemblymember Ward,
The City of San Clemente is pleased to support your Assembly Bill (AB) 1954, which would prohibit an operator of a third-party golf reservation service platform from listing, advertising, promoting, or selling reservations for a publicly owned golf course without a written agreement with the course operator.
The City owns and operates the San Clemente Municipal Golf Course as a public, enterprise-funded facility intended to provide affordable and equitable recreational opportunities for residents and visitors. Our course accommodates more than 110,000 rounds annually and serves a broad cross-section of the community, including residents, seniors, juniors, school athletes, and local golf clubs.
Unauthorized third-party reservation services have increasingly impacted our operations by acquiring tee times, often through automated or bulk booking practices, and reselling them at inflated rates without the City’s knowledge or consent. These practices undermine equitable access for our residents, create confusion among customers, and interfere with the integrity of our reservation system. Additionally, many of these platforms utilize sophisticated websites and search engine optimization techniques that mislead consumers into believing they are booking directly with the City.
The City has taken proactive steps to address these challenges, including implementing technological safeguards within our reservation system and evaluating enforcement mechanisms in coordination with the City Attorney.
However, without clear statutory authority, our ability to prevent unauthorized thirdparty resale activity remains limited.
We believe AB 1954 is a commonsense and necessary solution that will provide local jurisdictions with the authority to protect public access to municipal golf facilities and pursue appropriate action against unauthorized platforms operating without an agreement.
CELEBRATING 90 YEARS OF INCORPORATION
1799
_______________________________
Kathleen Ward
Mayor, City of San Clemente
We appreciate your leadership on this important issue and look forward to working with your office to ensure fair and equitable access to publicly owned golf courses.
Respectfully,
Rick Loeffler, Mayor
1800
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
AGENDA REPORT
CITY OF SAN CLEMENTE
CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: April 21, 2026 Agenda Item: 11M.
Submitted By: City Manager
Prepared By: Andy Hall, City Manager
Subject:
..titl e
CONSIDERATION OF RESOLUTION NO. 26-77 ENCOURAGING THE STATE OF
CALIFORNIA, SPECIFICALLY THE GOVERNOR, TO TAKE SWIFT AFFIRMATIVE ACTION
TO ADDRESS CONCERNS RELATED TO MICROPLASTICS
..body
Summary:
The Mayor was contacted by a member of the public seeking to have the City Council consider support for asking the Governor to engage in swift affirmative action to address concerns related to microplastics.
Background:
If adopted by the City Council, this Resolution would request the Governor support legislation to prohibit or phase out intentionally added microplastics in many products including, but not limited to cosmetics, personal care items, and household goods, and to require microfiber filtration in new washing machines and support retrofit incentives for existing appliances.
Discussion:
Staff has slightly modified a Resolution prepared by the requestor (Melissa Morris) for consideration by the City Council (Attachment A).
Considerations Identified by Staff:
The request is consistent with the environmental stewardship displayed by previous actions of the City Council such as the ban on polystyrene (Styrofoam) containers. The resolution does not identify any specific actions to be taken by the City, but if legislation is passed, products purchased by residents may be modified and residents could be required to upgrade household goods and appliances.
Council Options:
Adopt Resolution No. 26-77.
Modify and Adopt Resolution No. 26-77.
Direct staff to provide additional information.
Reject Resolution No. 26-77.
Environmental Review/Analysis:
This is not a project as defined by the California Environmental Quality Act 1801
Meeting Date: April 21, 2026 Agenda Item: 11M.
CITY OF SAN CLEMENTE 2
Fiscal Impact:
There are no direct fiscal impacts associated with Resolution 26-77 Recommended Action(s):
..recommendation
If the City Council is supportive of encouraging the Governor to take swift action to support legislation to address the concerns related to microplastics, the City Council should adopt Resolution No. 26-77
..end
Attachment:
1. Resolution No. 26-77
Notification:
Melissa Morris
1802
Attachment 1
RESOLUTION NO. 26-77
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN CLEMENTE, CALIFORNIA, CALLING UPON THE
GOVERNOR OF THE STATE OF CALIFORNIA TO TAKE
SWIFT AFFIRMATIVE ACTION TO ADDRESS
MICROPLASTICS, INCLUDING BUT NOT LIMITED TO
THOSE FROM FOOD AND BEVERAGE INDUSTRIES,
INTENTIONALLY ADDED MICROPLASTICS IN
COSMETICS, AND MICROFIBERS
WHEREAS, the City of San Clemente recognizes that microplastics, plastic particles smaller than five millimeters, are pervasive contaminants found in waterways, soil, food systems, drinking water, marine ecosystems, and the air; and WHEREAS, studies by Zhang et al. (2020) and Hernandez et al. (2019) have detected microplastics in seafood, bottled and tap water, tea bags, coffee pods, salt, and other commonly consumed food and beverages, raising significant public health and environmental concerns; and
WHEREAS, microplastics are shed from a variety of consumer products including but not limited to plastic-based tea bags, synthetic kitchenware and cutting boards, food and beverage packaging, and synthetic textiles that release microfibers during washing; and
WHEREAS, California has historically led the nation in environmental protection and pollution prevention, including landmark plastic reduction policies and extended producer responsibility frameworks such as SB54; and
WHEREAS, the City of San Clemente takes pride in being a sportsfishing destination for both local residents and visitors, and seeks to protect the safe consumption of locally caught seafood by controlling microplastics at their source before they can enter the marine food chain; and
WHEREAS, the City of San Clemente also invests heavily in protecting its coastline through beach nourishment projects, and strives to locate and secure surplus sand that is free of contaminants, including microplastics; and WHEREAS, the City of San Clemente is home to a surfing community and hosting parts of the 2028 Olympics and wants microplastic free beaches; and WHEREAS, the City of San Clemente already takes local action to maintain and enforce a citywide prohibition of the use or distribution of polystyrene, a significant contributor to microplastics pollution, at City events and by food service establishments located within the City, but cannot control sources of pollution from outside its City limits; and
1803
Resolution No. 26-77 Page 2
WHEREAS, protecting public health, safeguarding California’s waterways and coastline, and advancing environmental justice requires urgent, science-based action to prevent microplastic pollution at its source; and
WHEREAS, local governments lack sufficient regulatory authority to comprehensively address the manufacture, distribution, and sale of products contributing to microplastic pollution and therefore call upon the State of California for coordinated statewide leadership.
NOW, THEREFORE, the City Council of the City of San Clemente hereby finds, determines and resolves as follows:
SECTION 1. The recitals above are true and correct and incorporated fully herein as findings.
SECTION 2. That the City Council calls upon the Governor of the State of California to take swift and affirmative action to support legislation to prohibit or phase out intentionally added microplastics in cosmetics, personal care products, and household goods, and to require microfiber filtration in new washing machines and support retrofit incentives for existing appliances, if and when successfully passed by the California Assembly and Senate.
SECTION 3. That the City Council supports clear labeling standards to inform consumers about products that may release microplastics, as well as extended producer responsibility requirements for manufacturers whose products contribute to microplastic pollution.
SECTION 4. That the City Council also calls upon the Governor to coordinate with state agencies, including but not limited to the California Environmental Protection Agency and the State Water Resources Control Board, to implement enforceable microplastic reduction targets.
SECTION 5. 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 21st day of April, 2026.
_________________________
Rick Loeffler, Mayor of the City
of San Clemente
ATTEST:
__________________________
CITY CLERK of the City of
San Clemente, California
1804
Resolution No. 26-77 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. 26-77 was adopted at a regular meeting of the City Council of the City of San Clemente held on 21st day of April 2026, 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
1805
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
AGENDA REPORT
CITY OF SAN CLEMENTE
CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: April 21, 2026 Agenda Item: 11N.
Submitted By: Public Works
Prepared By: Zak Ponsen, Assistant City Engineer
Dave Rebensdorf, Public Works Director/City Engineer
Subject:
..titl e
CONSIDERATION OF A RESOLUTION APPROVING FINAL PARCEL MAP 2024-139, 245
WEST EL PORTAL DUPLEX
..body CONDOMINIUM SUBDIVISION
Summary:
245 West Portal, LLC, a Wyoming limited liability company and its managing member, Harold L.
Alzate, the property owner and Subdivider of Final Parcel Map 2024-139, has submitted the Final Parcel Map for City Council approval. Staff has confirmed that the proposed Final Parcel Map for the two-unit condominium subdivision is in conformance with the approved Tentative Parcel Map and all conditions of approval have been satisfied.
Pursuant to the provisions of the Subdivision Map Act and the City Municipal Code Chapter 16, Final Parcel Maps require City Council action for approval, denial, or modifications.
Background:
Parcel Map 2024-139 contains two
residential condominium dwelling units on
one 4,005 square-foot lot. This two-unit
condominium is resulting from recent
construction of a new building on a
previously undeveloped parcel of land.
The duplex is a Contemporary style
building with three stories of living space
and decks above a four-car garage. The
duplex totals 5,113 square feet of living
space, with four bedrooms in Unit A and
three in Unit B. The proposal would allow
for separate ownership of each
condominium unit.
The California Coastal Commission approved a Coastal Development Permit Waiver (5-26-0091- W) on March 16, 2026.
Discussion:
The Conditions, Covenants and Restrictions (CC&Rs) for the project have been reviewed and approved by the City Attorney. The City Engineer has reviewed and is satisfied with the quitclaims in favor of the City that the Subdivider obtained from all persons having any interest in 1806
Meeting Date: April 21, 2026 Agenda Item: 11N.
CITY OF SAN CLEMENTE 2
existing rights-of-way for pipelines for the conveyance of water, and for all rights to all underground water. The Subdivider has satisfied all other Conditions of Approval that are required prior to Final Parcel Map approval. The only remaining action to satisfy the Conditions of Approval is for the Subdivider to record the CC&Rs, which must be recorded immediately after the Final Parcel Map. Copies of the proposed Final Parcel Map and approved Tentative Parcel Map are available for review at City Hall in the Public Works, Engineering Division.
Considerations Identified by Staff:
In accordance with the Subdivision Map Act (Government Code section 66474.1), a legislative body shall not deny approval of a Final Parcel Map if it has previously approved a Tentative Parcel Map for the proposed subdivision and if it finds that the Final Parcel Map is in substantial compliance with the previously approved Tentative Parcel Map. The Tentative Parcel Map 25-332 was approved by the Zoning Administrator on December 4, 2025, through Resolution ZA 25-028.
See Attachment 2. Unless the City Council finds that the Final Parcel Map is not in substantial compliance with the previously approved Tentative Parcel Map, the City Council's approval of the Final Parcel Map is a ministerial action.
Council Options:
Adopt Resolution No. 26-78 (Attachment 1), approving Final Parcel Map 2024-139 and accepting the water rights as dedicated.
Modify and adopt Resolution 26-78.
Continue the item and direct staff to provide additional information.
Environmental Review/Analysis:
This project was previously found Categorically Exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15315 (Class 15: Minor Land Divisions) and 15301.k (Class 1: Existing Facilities) in connection with the approval of the Tentative Parcel Map. The approval of a Final Parcel Map is a ministerial action and not a “project” under CEQA.
Fiscal Impact:
None.
Recommended Action(s):
..recommendation
Staff Recommendation ..recommendation
Staff recommends the City Council consider approval of Resolution No. 26-78, which would:
1. Approve the Final Parcel Map 2024-139 as it conforms to the requirements set forth in the Subdivision Map Act and the previously approved Tentative Parcel Map;
2. Accept on behalf of the City of San Clemente the water rights as dedicated; 1807
Meeting Date: April 21, 2026 Agenda Item: 11N.
CITY OF SAN CLEMENTE 3
3. Authorize and direct the Public Works Director/City Engineer to execute the Final Parcel Map; and
4. Authorize and direct the City Clerk to execute and submit the Final Parcel Map for recordation with the County of Orange Recorder’s Office. ..end
Attachment:
1. Final Parcel Map Resolution No. 26-78
2. Zoning Administrator Staff Report, dated December 4, 2025 Notification:
Mark Nuzzo, beneficiary/representative
Harold L. Alzate, property owner
1808
Attachment 1
4860-5047-5367 v1
RESOLUTION NO. 26-78
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN CLEMENTE, CALIFORNIA, APPROVING FINAL
PARCEL MAP 2024-139, LOCATED AT 245 WEST EL
PORTAL
WHEREAS, the property owner and subdivider, 245 West El Portal LLC, a Wyoming limited liability company, and its managing member, Harold L. Alzate, owns a two-unit apartment building located at 245 West El Portal; and WHEREAS, the subdivider applied for a Tentative Parcel Map in order to subdivide the two-unit apartment building into two condominiums; and WHEREAS, the Tentative Parcel Map 25-332 was approved by the Zoning Administrator on December 4, 2025, through Resolution ZA 25-028; and WHEREAS, Resolution ZA 25-028 included Conditions of Approval for the subdivider to obtain California Coastal Commission approval for the proposed Final Parcel Map, City Attorney approval of Conditions, Covenants and Restrictions (CC&Rs), and obtain from all persons having any interest in existing rights of way for pipelines for the conveyance of water and the rights to all underground water; and WHEREAS, the CC&Rs have been reviewed by the City Attorney and have been approved; and
WHEREAS, the subdivider has satisfied all Conditions of Approval and offered to the City all water rights as dedicated; and
WHEREAS, this project was previously found Categorically Exempt from the requirements of the California Environmental Quality Act pursuant to CEQA Guidelines Section 15315 (Class 15: Minor Land Divisions) and 15301.k (Class 1: Existing Facilities) in connection with the approval of the Tentative Parcel Map; and WHEREAS, pursuant to the provisions of the Subdivision Map Act and the City Municipal Code Chapter 16, Final Parcel Maps require City Council action for approval, denial, or modifications; and
WHEREAS, on April 21, 2026, at a regular meeting of the City Council, the City Council considered approval for Final Parcel Map 2024-139.
NOW, THEREFORE, the City Council of the City of San Clemente does hereby find, determine, and resolve as follows:
SECTION 1. That the above recitations are true and correct and incorporated herein.
1809
Resolution No. 26-78 Page 2
SECTION 2. That the City Council finds that the Final Parcel Map 2024-139 conforms to the requirements set forth in the Subdivision Map Act and the previously approved Tentative Parcel Map.
SECTION 3. The San Clemente City Council approves Final Parcel Map 2024- 139.
SECTION 4. The San Clemente City Council accepts, on behalf of the City of San Clemente, the water rights as dedicated on Final Parcel Map 2024-139.
SECTION 5. That the Public Works Director/City Engineer is authorized and directed to execute the Final Parcel Map.
SECTION 6. That the City Clerk is authorized and directed to sign and submit the Final Parcel Map for recordation with the County of Orange Recorder’s Office.
SECTION 7. 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 April, 2026.
____________________________
Rick Loeffler, Mayor of the City of
San Clemente, California
ATTEST:
__________________________
CITY CLERK of the City of
San Clemente, California
1810
Resolution No. 26-78 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. 26-78 was adopted at a regular meeting of the City Council of the City of San Clemente held on _______ day of April, 2026, 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
1811
1812
1813
1814
1815
1816
1817
1818
1819
1820
1821
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
AGENDA REPORT
CITY OF SAN CLEMENTE
CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: April 21, 2026 Agenda Item: 11O.
Submitted By: Beaches, Parks and Recreation
Prepared By: Julia Petit, Recreation Supervisor
Subject:
..titl e
CONSIDERATION OF A RESOLUTION AUTHORIZING A PARTNERSHIP AGREEMENT WITH THE SAN CLEMENTE VILLAGE FOR THE USE OF CITY FACILITIES ..body Summary:
Staff recommends the City Council consider approval of a Partnership Agreement between the City of San Clemente and The San Clemente Village, a nonprofit organization serving residents aged 55 and older. The Agreement formalizes an existing partnership relied upon to support the annual “Active Aging by the Sea” event, along with additional meetings and programs, and establishes defined responsibilities for facility use, coordination, and limited fee waivers.
The proposed fee waivers provide a clear public benefit by supporting programs that enhance social connection, health, and wellness for older adults, a priority population identified in the City’s recreational service framework.
Background:
The City of San Clemente provides recreational opportunities and community programming for residents of all ages, including services tailored to older adults. The San Clemente Village is a nonprofit 501(c)(3) organization dedicated to supporting residents aged 55+ through social connection, resource sharing, and independent living initiatives.
In 2025, the City and The Village partnered to host the inaugural “Active Aging by the Sea” resource fair. The event demonstrated strong community participation and highlighted the value of continued collaboration in delivering programs and services to older adults.
Currently, facility use by outside organizations requires submission of rental applications and payment of applicable fees. This Agreement establishes a formal framework to support ongoing collaboration and streamline coordination on future programming.
Discussion:
The proposed Partnership Agreement establishes a two-year term, with an option for one (1) twoyear extension upon mutual agreement. The agreement outlines responsibilities for both parties.
Under the Agreement, the Village will be responsible for submitting annual facility rental applications for the “Active Aging by the Sea” event and additional meetings, promoting City programs through its communication channels, supporting volunteer recruitment, and potentially hosting a City liaison on its Board of Directors.
1822
Meeting Date: April 21, 2026 Agenda Item: 11O.
CITY OF SAN CLEMENTE 2
The City will ensure that facilities are available and maintained for scheduled use and will waive rental fees for specified uses, including the annual event and a limited number of additional meetings each year. The agreement also includes standard provisions related to insurance, termination, amendments, and legal requirements. This partnership is intended to streamline coordination efforts, reduce administrative barriers, and expand programming opportunities for older adults.
Considerations Identified by Staff:
The partnership supports the City’s goal of enhancing services for older adults by leveraging the Village’s established network and outreach capabilities. It formalizes a collaborative relationship that has already demonstrated success and allows for the continued growth of programs such as “Active Aging by the Sea” and Silver Connections programs offered by the City. The agreement also encourages community engagement and volunteerism, which can strengthen social connections and improve the quality of life for residents.
However, the agreement includes the waiver of facility rental fees, which represents a foregone revenue opportunity. While the financial impact is expected to be limited due to the defined scope of use, it is an important consideration when evaluating City resources and priorities. For example, the agreement requires coordination between City staff and the Village to ensure compliance with facility use policies, scheduling, and operational capacity. Assigning a City liaison to the Village Board, if pursued, may also require staff time and resources.
The proposed Agreement is consistent with the City’s practice of supporting community-based programming through partnerships with nonprofit organizations. The limited facility fee waivers outlined in the Agreement are aligned with the City’s approach to providing reduced-cost or nocost access for programs that deliver a clear public benefit, particularly those serving priority populations such as older adults. Staff finds the defined scope, frequency, and duration of facility use ensure that the City maintains fiscal responsibility while advancing community wellness and service objectives.
Council Options:
Adopt Resolution 26-79, approving the Partnership Agreement with The San Clemente Village.
Modify the Partnership Agreement and adopt Resolution 26-79. Do not approve the agreement and provide alternative direction to staff. Take no action.
Environmental Review/Analysis:
The proposed action is not a project under the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378), as it involves administrative and organizational activities that do not result in a direct or reasonably foreseeable physical change in the environment. 1823
Meeting Date: April 21, 2026 Agenda Item: 11O.
CITY OF SAN CLEMENTE 3
Fiscal Impact:
The fiscal impact associated with this Agreement consists of waived facility rental fees for the annual “Active Aging by the Sea” event and a limited number of additional meetings. Based on the current fee schedules, the estimated total value of waived facility rental fees is approximately $8,115.70.
Recommended Action(s):
..recommendation
Staff recommends the City Council consider adoption of Resolution No. 26-79, entitled A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA,
APPROVING A PARTNERSHIP AGREEMENT BETWEEN THE CITY OF SAN CLEMENTE AND THE SAN CLEMENTE VILLAGE FOR PROGRAMMING AND FACILITY USE. ..end
Attachment:
1. Resolution No. 26-79
2. Partnership Agreement - The San Clemente Village
Notification:
The San Clemente Village
1824
Attachment 1
RESOLUTION NO. 26-79
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN CLEMENTE, CALIFORNIA, APPROVING A
PARTNERSHIP AGREEMENT BETWEEN THE CITY OF SAN
CLEMENTE AND THE SAN CLEMENTE VILLAGE FOR
PROGRAMMING AND FACILITY USE
WHEREAS, the City of San Clemente (“City”) provides recreational, social, and community programs that enhance the quality of life for residents of all ages; and WHEREAS, the City seeks to expand opportunities and services that support older adults and promote active aging within the community; and WHEREAS, the San Clemente Village (“Village”) is a nonprofit 501(c)(3) organization dedicated to supporting residents aged 55 and older through programs that foster connection, independence, and active lifestyles; and
WHEREAS, the City and the Village have collaborated on community programming, including the “Active Aging by the Sea” event, demonstrating strong community interest and benefit; and
WHEREAS, the proposed Partnership Agreement establishes the terms and conditions for facility use, program collaboration, and limited fee waivers to support community-based programming; and
WHEREAS, the City Council finds that the Agreement provides a clear public benefit by supporting programs that enhance social connection, health, and wellness for older adults, a priority population and is in the best interests of the City and the public.
NOW, THEREFORE, the City Council of the City of San Clemente does hereby find, determine and resolve as follows:
SECTION 1. The foregoing recitals are true and correct and are incorporated fully herein by this reference.
SECTION 2. The City Council hereby approves the Partnership Agreement between the City of San Clemente and the Village, in substantially the form presented to the City Council on April 21, 2026.
SECTION 3. The Beaches, Parks and Recreation Director, or designee, is hereby authorized and directed to execute the Agreement and any minor, non-substantive modifications necessary to carry out the purpose and intent of this Resolution.
SECTION 4. The Beaches, Parks and Recreation Director, or designee, is authorized to administer and implement the provisions of the Agreement and take such other and further actions as are necessary and proper to accomplish the purpose and intent of this Resolution.
1825
Resolution No. 26-79 Page 2
SECTION 5. 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 Rick Loeffler, Mayor of the City of San Clemente, California 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. 26-79 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
1826
Attachment 2
PARTNERSHIP AGREEMENT FOR
SAN CLEMENTE VILLAGE
This Partnership Agreement (“Agreement”) is made and entered into this ___ of ________, 2026 (“Effective Date”), by and between the City of San Clemente, a municipal corporation (“City”), and the San Clemente Village, a California nonprofit corporation (“Village”), collectively referred to as the “Parties.”
R E C I T A L S
WHEREAS, the City provides recreational, social, and community programs for residents of all ages; and
WHEREAS, the City seeks to expand programs and services that support older adults and promote active aging; and
WHEREAS, the City owns and operates public facilities, including the Community Center, San Clemente Aquatics Center, and Ole Hanson Beach Club; and WHEREAS, the Village is a non-profit 501c(3) organization whose primary mission is to bring together residents aged 55 years and older to help one another enjoy an active, connected, and independent lifestyle; and
WHEREAS, the Village and City collaborated on a resource fair, entitled “Active Aging by the Sea” in 2025, bringing together local resources for aging adults in San Clemente, revealing the desire to host this event annually and continue to build new programs with shared resources.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties agree as follows:
C O N V E N A N T S
Article I. PURPOSE
Section 1.01 The purpose of this Agreement is to establish the terms and conditions under which the Village will reserve facilities for the annual event, Active Aging by the Sea, and additional meetings and events, including social gatherings and volunteer meetings.
Article II. RESPONSIBILITIES OF THE VILLAGE
Section 2.01 The Village shall be responsible for the following:
(a) Completion of rental applications: Active Aging by the Sea. The Village shall submit a Facility Rental Application annually to the Beaches, Parks, and Recreation Department to reserve the Community Center Auditorium, Grounds, Multipurpose Room, Courtyard, and Ole Hansen Fireside Room for the annual event, Active Aging by the Sea; (b) Completion of rental applications: meetings and events. The Village shall submit a Facility Rental Application annually to the Beaches, Parks, and Recreation Department to reserve the Community Center Ole Hanson Fireside Room or the San Clemente Aquatics Center 1827
- 2 -
Friends Room for other meetings and events in compliance with the appropriate deadlines for application;
(c) Promotion of City programs. The Village shall include Active Aging/Silver Connections programs in its promotions throughout the year, including but not limited to the Village's monthly newsletter; and
(d) Volunteers. The Village will promote volunteer opportunities for City programs to Village volunteers.
Section 2.02 Board position. The Village shall reserve a non-voting seat on the Village Board of Directors for a City liaison should the Beaches, Parks, and Recreation Director and the Village agree to assign a staff member to this position, based on the current needs of each organization.
Article III. RESPONSIBILITIES OF THE CITY
Section 3.01 The City shall be responsible for the following:
(a) Furnish the Community Center and San Clemente Aquatics Center facilities for the requested and agreed-upon rental date under terms and conditions specified in approved applications; and
(b) Waive fees associated with the rental of the following facilities with the following limitations:
(i) The San Clemente Community Center Auditorium, Grounds, Multipurpose Room, Courtyard, and Ole Hanson Fireside Room for Active Aging by the Sea, not to exceed 12 hours on the date of the event, to be held no more than once annually. (ii) The San Clemente Community Center Ole Hansen Fireside Room for two (2) separate reservations annually, not to exceed four (4) hours per reservation. (iii) The San Clemente Aquatics Center Friends Rooms for two (2) separate reservations annually, not to exceed four (4) hours per reservation.
Article IV. TERM
Section 4.01 The term of this Agreement shall be two (2) years, with the possibility of another two (2) year extension from the Effective Date. Any extension shall be in writing and be executed by both parties should they mutually agree to continue the Agreement.
Section 4.02 This Agreement may be terminated, without cause, by either Party upon thirty (30) days' written notice, which notice shall be delivered by hand or by certified mail to the address listed below.
Article V. INSURANCE
Section 5.01 Prior to the execution of this Agreement, and as a condition to the effectiveness hereof, Village shall submit certificates and endorsements to the City indicating compliance with the following minimum insurance requirements, and the Village shall maintain such insurance in effect during the entire term of this Agreement.
(a) Commercial General Liability with minimum combined liability limits of One Million Dollars ($1000,000) for all covered losses. Any deductible of self-insured retention in 1828
- 3 -
excess of Five Thousand Dollars ($5,000) shall be declared to the City and requires the prior approval of the City’s Risk Manager.
Article VI. INDEMNIFICATION
Section 6.01 The Village shall defend (with counsel acceptable to City), indemnify, and hold harmless the City and its officers, officials, employees, and agents from and against any claims, demands, damages, liabilities, lawsuits, losses, fines, penalties and costs (including attorney and expert fees) arising out of or related to the (1) acts or omissions of the Village or its officers, employees, agents and volunteers contemplated in, arising out of or related to this Agreement; or (2) Active Aging by the Sea or other Village activities or events.
Article VII. TERMINATION
Section 7.01 Either Party may terminate this Agreement upon thirty (30) days’ written notice.
Termination shall not relieve either Party from the provisions in this Agreement that naturally survive termination, like the indemnification obligations.
Article VIII. NOTICES
All notices shall be delivered to:
City of San Clemente
910 Calle Negocio
San Clemente, CA 92673
ATTN: Beaches, Parks & Recreation Director and City Clerk The San Clemente Village
657 Camino de los Mares #240
San Clemente, CA 92673
ATTN: President
Article IX. MISCELLANEOUS
Section 9.01 Assignment. The Village shall not assign or transfer this Agreement without the prior written consent of the City.
Section 9.02 Waiver. Failure of either Party to enforce any provision shall not constitute a waiver of that provision.
Section 9.03 Severability. If any provision of this Agreement is found invalid or unenforceable, the remaining provisions shall remain in full force and effect.
Section 9.04 Authority to Execute. Each signatory represents that they are duly authorized to execute this Agreement on behalf of their respective Party.
Section 9.05 Compliance with Laws. The Village shall comply with all applicable federal, California and local laws and City policies.
Section 9.06 Mutual Drafting. Each of the Parties acknowledge agree that they had the opportunity to consult with legal counsel, had equal roles or the opportunity to have equal roles 1829
- 4 -
in the drafting of this Agreement and that there shall be no presumption for or against either Party based on the extent to which they participated in the drafting of the Agreement.
Section 9.07 Entire Agreement. This Agreement constitutes the entire understanding between the Parties regarding the subject matter and supersedes any previous oral or written understandings.
Section 9.08 Amendments. Either Party may request changes to this Agreement. Any modifications to this Agreement must be in writing and signed by authorized representatives. Any changes, modifications, revisions, or amendments to this Agreement, which are mutually agreed upon by and between the Parties to this Agreement, shall be incorporated by written instrument and effective when executed and signed by all Parties to the Agreement.
Section 9.09 Counterparts/Electronic Signatures. This Agreement may be executed in counterparts, which together shall constitute one and the same agreement. This Agreement may be executed electronically with the same force and effect as original, ink signatures. [SIGNATURES ON FOLLOWING PAGE]
1830
- 5 -
WHEREFORE, the Parties execute this Agreement, agreeing to be bound by the above terms and conditions effective as of the date first entered above.
CITY OF SAN CLEMENTE
By:_______________________________
Samantha Wylie, Beaches, Parks &
Recreation Director
ATTEST: Dated: __________________, 2026
By: _____________________________
CITY CLERK of the City of
San Clemente, California
APPROVED AS TO FORM:
By: _____________________________
Elizabeth A. Mitchell, City Attorney
SAN CLEMENTE VILLAGE,
a California nonprofit corporation
By:_____________________________
Peter Antonic, CEO
Dated: __________________, 2026
By:_____________________________
Chase Metcalf, Secretary
Dated: __________________, 2026
1831
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
AGENDA REPORT
CITY OF SAN CLEMENTE
CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: April 21, 2026 Agenda Item: 11P.
Submitted By: Beaches, Parks and Recreation
Prepared By: Samantha Wylie
Subject:
..titl e
CONSIDERATION OF A RESOLUTION APPROVING FACILITY USE AGREEMENT WITH THE SAN CLEMENTE WOMEN’S GOLF CLUB AT THE SAN CLEMENTE MUNICIPAL GOLF
COURSE, AND AUTHORIZING THE BEACHES, PARKS & RECREATION DIRECTOR TO EXECUTE THE AGREEMENT ..body
Summary:
The proposed Facility Use Agreement between the City of San Clemente and the San Clemente Women’s Golf Club (SCWGC) will formalize recurring tee time reservations and operational requirements at the San Clemente Municipal Golf Course (“Golf Course”). Organized club play is an important component of a healthy and well-balanced golf course “ecosystem.” These clubs provide structured, consistent participation that supports reliable tee time utilization, fosters player development, and builds a sense of community among patrons. Club play also encourages repeat usage, supports retention of local golfers, and creates opportunities for social engagement and organized competition that are not typically achieved through individual play alone. This balance between public access and organized group play contributes to the overall vitality, accessibility, and long-term sustainability of the Golf Course.
The proposed Agreement establishes clear expectations related to scheduling, fees, participation requirements, and course operations, while maintaining the City’s ability to manage tee time inventory in alignment with adopted policies and enterprise fund objectives. The Agreement also provides consistency with the structure and operational framework established under the Men’s Golf Club agreement approved by the City Council in 2021.
Background:
The Golf Course has a long-standing history of supporting organized golf clubs, including the San Clemente Women’s Golf Club, which has operated at the facility since 1950. These groups provide structured recreational opportunities and contribute to consistent course utilization.
On November 4, 2025, the City Council adopted Resolution No. 25-167, establishing updated operating standards for the Golf Course, including provisions governing tee time reservations and group use. As part of implementing these standards, staff has worked with both clubs to formalize an updated Agreement that aligns with current operational policies.
Discussion:
The proposed Agreement is intended to modernize and standardize the relationship between the City and organized golf clubs using the Golf Course. The Agreement defines recurring tee time blocks while preserving flexibility for staff to adjust schedules based on operational needs. It also 1832
Meeting Date: April 21, 2026 Agenda Item: 11P.
CITY OF SAN CLEMENTE 2
establishes a consistent annual scheduling process requiring clubs to submit proposed calendars for review and approval, ensuring alignment with overall course operations and public access priorities.
The Agreement also incorporates provisions for limited tournament play, coordinated through Golf Course staff to minimize conflicts and maintain efficient course flow. All participants are required to pay applicable City-adopted green fees, reinforcing fairness and consistency across all user groups.
To protect Golf Course revenues, the Agreement includes player guarantee requirements and noshow policies, ensuring that reserved tee times are either utilized or accounted for financially. At the same time, the Golf Starter retains the ability to mitigate revenue loss by reselling unused tee times, providing operational flexibility.
Operationally, this Agreement creates a clear and enforceable framework that supports efficient tee sheet management, maximizes public access, and aligns with enterprise fund objectives. The Agreement also maintains and formalizes long-standing community partnerships while ensuring compliance with current City policies. Importantly, the Agreement is structured to be consistent with the Men’s Golf Club agreement, providing uniformity in how organized golf groups are managed at the facility.
Considerations Identified by Staff:
The Golf Course operates at high utilization levels, requiring careful management of tee time inventory to balance public access with organized group play. Formalizing this agreement provides transparency and consistency in how tee times are allocated while reinforcing that such allocations do not constitute exclusive or permanent rights. The Agreement also supports the City’s responsibility to manage the Golf Course as an enterprise fund by incorporating revenue protection measures and ensuring that all users contribute equitably to operational costs.
Council Options:
Approve the resolution authorizing the execution of the Facility Use Agreement. Approve with modifications as directed by the City Council. Do not approve the Agreement and provide an alternate direction to staff. Take no action.
Environmental Review/Analysis:
This action is not a project under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15378, as it involves administrative activities that will not result in a direct or indirect physical change in the environment.
Fiscal Impact:
There is no direct fiscal impact associated with approval of the Agreement. The Agreement is anticipated to support revenue stability and cost recovery at the Golf Course by ensuring payment 1833
Meeting Date: April 21, 2026 Agenda Item: 11P.
CITY OF SAN CLEMENTE 3
compliance for reserved tee times, reducing revenue loss associated with no-shows, and improving overall efficiency of tee time utilization.
Recommended Action(s):
..recommendation
Staff recommends the City Council adopt Resolution No. 26-80, entitled A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, APPROVING FACILITY USE AGREEMENT WITH THE SAN CLEMENTE WOMEN’S GOLF CLUB FOR USE
OF THE SAN CLEMENTE MUNICIPAL GOLF COURSE, AND AUTHORIZING THE BEACHES, PARKS & RECREATION DIRECTOR TO EXECUTE THE AGREEMENT.
..end
Attachment:
1. Resolution No. 26-80
2. Facility Use Agreement – San Clemente Women’s Golf Club Notification:
Dave Cook Pro Shop
San Clemente Women’s Golf Club
1834
Attachment 1
RESOLUTION NO. 26-80
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN CLEMENTE, CALIFORNIA, APPROVING FACILITY USE
AGREEMENT WITH THE SAN CLEMENTE WOMEN’S GOLF
CLUB FOR USE OF THE SAN CLEMENTE MUNICIPAL GOLF
COURSE, AND AUTHORIZING THE BEACHES, PARKS &
RECREATION DIRECTOR TO EXECUTE THE AGREEMENT
WHEREAS, the City of San Clemente (“City”) owns and operates the San Clemente Municipal Golf Course (“Golf Course”) for the benefit of the public; and WHEREAS, the City supports partnerships with organized user groups that promote recreational opportunities, community engagement, and consistent utilization of City facilities; and
WHEREAS, the San Clemente Women’s Golf Club (“SCWGC”) has maintained a long-standing presence at the Golf Course since 1950, providing organized weekly golf activities and promoting participation in the sport; and WHEREAS, on November 4, 2025, the City Council adopted Resolution No. 25-167 establishing operating standards and regulations for play at the Golf Course, including provisions governing tee time reservations and group use; and WHEREAS, the City and SCWGC desire to formalize the terms and conditions under which SCWGC may reserve tee times and conduct organized play at the Golf Course; and WHEREAS, the proposed Facility Use Agreement establishes clear expectations related to scheduling, fees, participation requirements, and operational compliance, while preserving the City’s ability to manage tee time inventory in the best interest of the public; and
WHEREAS, the City Council finds that approval of the Facility Use Agreement is consistent with City policies and supports the continued operation and financial sustainability of the Golf Course.
NOW, THEREFORE, the City Council of the City of San Clemente does hereby resolve as follows:
SECTION 1. The foregoing recitals are true and correct and are incorporated herein by this reference.
SECTION 2. The City Council hereby approves the Facility Use Agreement between the City of San Clemente and the San Clemente Women’s Golf Club, on file with the City Clerk.
SECTION 3. The Beaches, Parks and Recreation Director is hereby authorized to execute the Agreement on behalf of the City, in a form approved by the City Attorney. 1835
Resolution No. 26-80 Page 2
SECTION 4. The City Council finds that this action is not a project under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15378, as it involves administrative activities that will not result in a direct or indirect physical change in the environment.
SECTION 5. 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 Rick Loeffler, Mayor of the City of San Clemente, California San Clemente, California
1836
Resolution No. 26-80 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. 26-80 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
1837
Attachment 2
FACILITY USE AGREEMENT FOR
SAN CLEMENTE WOMEN’S GOLF CLUB
This Memorandum of Understanding (“MOU”) is entered into this ____ day of _________, 2026, (the “Effective Date”), by and between the City of San Clemente, a municipal corporation (“City”), and San Clemente Golf Women’s Golf Club, a California non-profit corporation (“SCWGC”), individually referred to as a “Party” and collectively referred to as the “Parties.” R E C I T A L S:
WHEREAS, the City owns, operates, and maintains the San Clemente Municipal Golf Course (“Golf Course”) located at 150 Avenida Magdalena, San Clemente, CA, 92672; and WHEREAS, the City seeks to provide recreational opportunities that promote community engagement, inclusivity, and organized recreational use of public facilities; and WHEREAS, the City supports partnerships with nonprofit organizations that contribute to the activation and programming of City facilities; and
WHEREAS, the SCWGC was established in 1950 to promote women’s golf and has maintained a continuous presence at the Golf Course for over seventy-five (75) years; and WHEREAS, the SCWGC provides organized weekly golf activities consistent with the rules and regulations of the United States Golf Association and affiliated regional associations; and
WHEREAS, on November 4, 2025, the City Council adopted Resolution No. 25-167 establishing operational standards for the Golf Course, including provisions related to tee time block reservations; and
WHEREAS, the Parties desire to formalize the terms under which SCWGC may reserve tee times and conduct organized play at the Golf Course.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties agree as follows:
C O V E N A N T S:
Article I. PURPOSE
Section 1.01 The purpose of this Agreement is to establish the terms and conditions under which the SCWGC will reserve golf tee times at the Golf Course. The SCWGC utilizes the Golf Course to host golf play for its members.
Article II. TERM
Section 2.01 The term of this Agreement shall be ten (10) years plus two (2) possible five-year extensions from the Effective Date of this Agreement. Extensions shall be executed conjointly without lapse, should both parties mutually agree to continue said Agreement.
Article III. FACILITY USE AND TEE TIME ALLOCATION
1838
MOU_Womens Club (003) (sw rev) 4930-2425-7697 v.1.docx - 2 - Section 3.01 City agrees to provide SCWGC with a recurring block reservation each Tuesday beginning no sooner than 7:50 a.m., for up to nine (9) tee times, or as determined by the Golf Starter, and subject to operational needs and adjustments.
Section 3.02 One (1) annual tournament, such as “Team Play”, shall also have the right to reserved tee times on a date and time mutually agreed upon by the SCWGC and the Golf Starter.
This tournament shall be held on a Monday between March and May.
Section 3.03 Any additional tournaments or multiple-day championship events shall be considered on a case-by-case basis and coordinated through the Golf Starter so long as it is in the best interest of the Golf Course and is mutually beneficial to the SCWGC.
Section 3.04 SCWGC shall submit its annual schedule request for review and approval no later than November 1 of each year. All scheduling is subject to Golf Course operational priorities and approval by City staff.
Section 3.05 Tee time blocks shall be allocated based on availability and in the best interest of Golf Course operations. Approval of recurring use does not guarantee exclusive or permanent rights to specific tee times.
Section 3.06 SCWGC and its members shall agree to: Comply with all City policies, Golf Course rules, and applicable laws; Conduct activities in a manner that supports efficient course operations and public access; and ensure all players are registered and accounted for through the Golf Course reservation management system.
Article IV. FEES AND PAYMENT
Section 4.01 Green Fees. All SCWGC players shall pay applicable green fees in effect at the time of play based on the players’ residency and eligibility.
Section 4.02 Player Guarantee. SCWGC shall provide a guaranteed player count and player list no later than twenty-four (24) hours prior to scheduled play.
Section 4.03 No-Show Policy. Individual players who fail to appear (“no-shows”) shall be charged the applicable green fee using a credit card on file.
Section 4.04 Revenue Protection. In the event SCWGC does not fill all reserved tee times and fails to release unfilled tee times at least twenty-four (24) hours in advance, SCWGC shall be responsible for payment of the applicable green fees associated with those unfilled tee times.
Section 4.05 The City shall make reasonable efforts to mitigate lost revenue by reassigning unfilled tee times to other paying golfers. If the City is able to fill such tee times, SCWGC shall not be charged for those tee times.
Section 4.06 Rainchecks may be issued at the discretion of the Golf Starter in accordance with standard operating procedures.
Article V. INDEMNIFICATION
1839
MOU_Womens Club (003) (sw rev) 4930-2425-7697 v.1.docx - 3 - Section 5.01 To the fullest extent permitted by law, SCWGC shall defend (with counsel approved by the City), indemnify, and hold harmless the City, its officials, officers, employees, volunteers, and agents from and against any and all claims, damages, liabilities, losses, costs, or expenses arising out of or related to SCWGC’s use of the Golf Course or performance under this Agreement. This provision shall survive termination of this Agreement.
Article VI. TERMINATION
Section 6.01 Either Party may terminate this Agreement upon thirty (30) days’ written notice.
Termination shall not relieve either Party from the provisions in this Agreement that naturally or explicitly survive termination, like the indemnification obligations. The Notice of Termination shall include an offer to participate in mediation.
Section 6.02 Within fifteen (15) days of receipt of the Notice of Termination, the receiving Party shall notify the initiating Party in writing whether it elects to participate in mediation. If mediation is accepted, the Parties shall make a good faith effort to schedule and complete mediation within thirty (30) days of the acceptance notice.
Section 6.03 If mediation is accepted, the effective date of termination shall be tolled pending completion of the mediation process. If mediation is not accepted within the fifteen (15) day period, or if mediation does not result in a mutual resolution, the Agreement shall terminate thirty (30) days after the initial Notice of Termination.
Article VII. NOTICES
All notices shall be delivered to:
City of San Clemente
910 Calle Negocio
San Clemente, CA 92673
ATTN: Beaches, Parks & Recreation Director and City Clerk The San Clemente Women’s Club
PO Box 3171
San Clemente, CA 92674
ATTN: President/CEO
Article VIII. MISCELLANEOUS
Section 8.01 Assignment. SCWGC shall not assign or transfer this Agreement without the prior written consent of the City.
Section 8.02 Waiver. Failure of either Party to enforce any provision shall not constitute a waiver of that provision.
Section 8.03 Severability. If any provision of this Agreement is found invalid or unenforceable, the remaining provisions shall remain in full force and effect.
Section 8.04 Authority to Execute. Each signatory represents that they are duly authorized to execute this Agreement on behalf of their respective Party. 1840
MOU_Womens Club (003) (sw rev) 4930-2425-7697 v.1.docx - 4 - Section 8.05 Governing Law. SCWGC shall comply with all applicable federal and California laws related to the performance of this Agreement or the solicitation and receipt of donations.
Section 8.06 Entire agreement. This Agreement constitutes the entire understanding between the Parties regarding the subject matter and supersedes any previous oral or written understandings.
Section 8.07 Amendments. Either Party may request changes to this Agreement. Any modifications to this Agreement must be in writing and signed by authorized representatives. Any changes, modifications, revisions, or amendments to this Agreement, which are mutually agreed upon by and between the Parties to this Agreement, shall be incorporated by written instrument and effective when executed and signed by all parties to the Agreement.
Section 8.08 Counterparts/Electronic Signatures. This Agreement may be executed in counterparts, which together shall constitute one and the same agreement. This Agreement may be executed electronically with the same force and effect as original, ink signatures. [End – signature page follows]
1841
MOU_Womens Club (003) (sw rev) 4930-2425-7697 v.1.docx - 5 - WHEREFORE, the Parties execute this Agreement, agreeing to be bound by the above terms and conditions effective as of the date first entered above.
CITY OF SAN CLEMENTE
By:_______________________________
Samantha Wylie, Beaches, Parks &
Recreation Director
ATTEST: Dated: __________________, 2026
By: _____________________________
CITY CLERK of the City of
San Clemente, California
APPROVED AS TO FORM:
By: _____________________________
Elizabeth A. Mitchell, City Attorney
SAN CLEMENTE WOMEN’S GOLF CLUB,
a California nonprofit corporation
By:_____________________________
Caryl Prukop, CEO
Dated: __________________, 2026
By:_____________________________
Jayne Guilford, Secretary
Dated: __________________, 2026
1842
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
AGENDA REPORT
CITY OF SAN CLEMENTE
CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: April 21, 2026 Agenda Item: 11Q.
Submitted By: Community Development
Prepared By: Adam Atamian, Community Development Director Rachel Perez, Emergency Management Specialist
Subject:
..titl e
INFORMATIONAL REPORT ON THE EMERGENCY MANAGEMENT STRATEGIC PLAN AND COMMUNITY SAFETY AND WELFARE COMMITTEE RECOMMENDATION ..body Summary:..body
The purpose of this report is to provide the City Council with an overview of the Emergency Management Strategic Plan (“EMSP”) and its role within the City’s broader emergency management and public safety framework, and to transmit the recommendation of the Community Safety and Welfare Committee (“CSWC”) regarding its implementation.
The EMSP (Attachment 1) is a five-year, implementation-focused roadmap that organizes and prioritizes the City’s emergency management activities, including preparedness, mitigation, response, recovery, training, and community engagement. The plan is designed to translate the City’s adopted safety policies and hazard planning documents into coordinated, actionable work programs across City departments and partner agencies.
On February 24, 2026, the CSWC reviewed the EMSP and recommended that staff proceed with implementation. The Committee did not recommend any modifications to the plan. This item is provided for City Council information and feedback. No formal adoption action is required. Staff will proceed with implementation of the EMSP and will incorporate any feedback provided by the City Council.
Background:
Emergency management at the local level is a continuous, all-hazards function that extends well beyond emergency response. It encompasses preparedness, mitigation, response coordination, recovery planning, training, and community engagement. San Clemente is threatened by issues such as wildfire risk, coastal hazards, earthquake exposure, and complex evacuation considerations. Effective emergency management requires sustained planning, coordination, and programmatic focus.
The City’s emergency management framework is supported by several complementary documents, each serving a distinct purpose:
General Plan Safety Element – Establishes the City’s long-range goals and policies related to public safety, hazard avoidance, emergency services, and disaster resilience. It provides the policy foundation for protecting life, property, and critical infrastructure. Please refer to Attachment 2 for this document.
1843
Meeting Date: April 21, 2026 Agenda Item: 11Q.
CITY OF SAN CLEMENTE 2
Local Hazard Mitigation Plan (LHMP) – Identifies community-specific natural and humancaused hazards, assesses vulnerabilities, and prioritizes mitigation actions to reduce longterm risk. The LHMP also maintains the City’s eligibility for FEMA hazard mitigation funding.
Please refer to Attachment 3 for this document.
Emergency Management Strategic Plan (EMSP) – Provides an operational and programmatic roadmap that connects these policy goals and hazard assessments to day-today work planning, interdepartmental coordination, training, grant pursuit, and measurable implementation actions. Please refer to Attachment 1 for the proposed version of document.
Unlike the Safety Element, which is policy-oriented, or the LHMP, which is hazard- and mitigationfocused, the EMSP is designed to guide how the City organizes and manages its emergency management program over a defined five-year period.
Discussion:
The EMSP is intended to function as the City’s central coordination and implementation tool for emergency management activities. It organizes City efforts around the core phases of emergency management including planning and preparedness, mitigation, response, recovery, training and exercises, community engagement, and program administration. An effective plan ensures responsibilities are clear and efforts are not fragmented across departments.
The EMSP provides transparency into how the City prioritizes emergency management efforts over time and how those efforts support broader public safety and resilience objectives. It also establishes a framework for tracking progress, aligning resources, and informing future budget and policy discussions.
By aligning with the General Plan Safety Element, the EMSP supports the City’s adopted safety policies related to wildfire preparedness, evacuation planning, emergency services coordination, community education, and protection of vulnerable populations. The EMSP operationalizes these policies by identifying specific actions, responsible departments, partners, and timeframes.
Similarly, the EMSP builds directly upon the LHMP through mitigation projects, preparedness planning, response coordination, recovery readiness, and public engagement. Highlighting and maintaining this connection ensures that mitigation investments are supported by operational readiness and that the City remains well-positioned to pursue state and federal grant funding.
Importantly, the EMSP reflects the realities of a small emergency management staff by emphasizing coordination, partnerships, and scalability. It provides a framework for prioritizing limited resources, tracking progress over time, and communicating clearly with City leadership, partner agencies, and the public about how emergency management efforts support overall community safety and resilience.
Considerations Identified by Staff:
The EMSP is intended to serve as a flexible, implementation-oriented framework that can be refined over time as conditions, risks, and priorities evolve. While the plan provides a structured roadmap for strengthening the City’s emergency management capabilities, its success will 1844
Meeting Date: April 21, 2026 Agenda Item: 11Q.
CITY OF SAN CLEMENTE 3
depend on continued coordination across departments, sustained engagement with regional and community partners, and the City’s ability to align resources with identified priorities.
Implementation of the EMSP will occur incrementally over the five-year planning horizon and will be integrated into existing work programs wherever feasible. Specific projects, funding needs, or policy actions identified through the plan will be brought forward to the City Council through the annual budget process or future agenda items, as appropriate. The plan also reinforces the importance of maintaining consistency with the City’s General Plan Safety Element and Local Hazard Mitigation Plan, ensuring that long-term policy direction, hazard risk reduction, and operational preparedness efforts remain aligned.
Council Options:
Receive and file the report.
Provide feedback on the Emergency Management Strategic Plan, if any. Continue the item with direction to staff to provide additional information.
Environmental Review/Analysis:
This action does not constitute a “project” under the California Environmental Quality Act (CEQA) pursuant to Section 15378 of the CEQA Guidelines, as it involves organizational and administrative activities that will not result in a direct or indirect physical change in the environment. Therefore, no environmental review is required.
Fiscal Impact:
There is no immediate fiscal impact associated with the adoption of the Emergency Management Strategic Plan. Implementation of specific actions identified in the EMSP may require future budget allocations, grant funding, or reallocation of existing resources, which will be presented to the City Council for consideration as part of the City’s annual budget process or through separate staff reports, as needed.
Recommended Action(s):
..recommendation
Staff Recommendation
STAFF RECOMMENDS THE CITY COUNCIL receive and file the Administrative Report dated April 21, 2026 and on file with the City Clerk.
..end
Attachments:
1. Emergency Management Strategic Plan (2026–2031)
2. General Plan Safety Element
3. Local Hazard Mitigation Plan
Notification:
None.
1845
EMERGENCY MANAGEMENT STRATEGIC PLAN
COMMUNITY DEVELOPMENT DEPARTMENT
February, 2026
Prepared by:
Adam Atamian, AICP, Community Development Director
Rachel Perez, CalOES-Certified Emergency Management Specialist Attachment 1
1846
Executive Summary
This Emergency Management Strategic Plan (EMSP) provides a comprehensive, organized roadmap for strengthening the City’s preparedness, mitigation, response, and recovery capabilities over the 2026–2031 planning horizon. The Plan builds upon existing programs and ongoing initiatives while aligning City efforts with state and federal emergency management frameworks, including FEMA’s National Preparedness Goal, the California Standardized Emergency Management System (SEMS), and the National Incident Management System (NIMS).
The Plan is organized around the core phases of emergency management—Planning & Preparedness, Mitigation, Response, Recovery, Training & Exercises, Community Engagement, and Program Administration—to ensure clarity, reduce duplication, and clearly communicate priorities to policymakers, staff, partner agencies, and the public. Action items are structured in implementation tables to allow for progress tracking, accountability, and future updates. This Plan is intended to guide departmental work programs, inform budget and grant strategies, and support policy direction from the Community Safety and Welfare Committee and the City Council.
Vision
Build a resilient coastal community capable of preparing for, responding to, and recovering from emergencies while protecting life, property, and critical infrastructure.
Mission
Coordinate City departments, partner agencies, and the community to strengthen preparedness, mitigation, response, and recovery capabilities across all hazards.
Planning Horizon
• Short-Term (0–2 Years): Foundational actions, compliance updates, and immediate capability gaps
• Mid-Term (3–5 Years): Program maturation, integration, and expansion • Long-Term (6–10 Years): Sustained resilience, institutionalization, and continuous improvement
1847
Planning & Preparedness
Purpose: Strengthen the City’s readiness for emergencies through plans, coordination, and operational frameworks that are current, integrated, and actionable.
Strategic Actions
• Maintain and implement the Local Hazard Mitigation Plan (LHMP), including periodic updates and grant alignment
• Update the Emergency Operations Plan (EOP) and all functional and hazard-specific annexes
• Develop and maintain a Disaster Recovery Framework
• Update evacuation planning, including capacity analysis and coordination with partner agencies
• Establish Continuity of Government (COG) and succession planning protocols • Maintain sheltering plans for populations, pets, and service animals • Update EOC position descriptions, checklists, and activation guides • Maintain interdepartmental and external partner contact lists Action Item Description Lead / Partners Timeframe
Emergency
Operations Plan
(EOP) Maintenance
Maintain and
periodically update
the City’s EOP to
reflect organizational
changes, updated
hazard data, and
best practices.
Emergency Management
(EM) / All Depts
Ongoing
Departmental
Emergency Plans
Ensure each
department
maintains and
updates continuity
and emergency
response procedures
aligned with the
EOP.
All Depts Short–Mid
EOC Activation
Protocols
Refine activation
thresholds, call-out
procedures, and
position checklists
Emergency Management Short
1848
Action Item Description Lead / Partners Timeframe
for scalable EOC
activation.
Interagency
Coordination
Maintain
coordination with
OCFA, OCSD, County
OA, neighboring
cities, utilities, and
NGOs.
EM Ongoing
Hazard Planning
Integration
Ensure consistency
between the General
Plan Safety Element,
LHMP, and related
planning documents.
Planning / EM Mid
[Continued on next page.]
1849
Mitigation
Purpose: Reduce long-term risk to life, property, infrastructure, and natural resources through proactive hazard reduction and resilience investments.
Strategic Actions
• Implement wildfire risk reduction initiatives, including:
o Fire Risk Reduction Community List participation
o Weed abatement and vegetation management programs
o Targeted fuel reduction projects, including goat grazing • Develop a Community Wildfire Protection Plan (CWPP)
• Integrate mitigation priorities into capital improvement planning • Maintain StormReady and TsunamiReady designations
• Support climate adaptation and resilience initiatives consistent with the LHMP Action Item Description Lead / Partners Timeframe
Wildfire
Prevention
Program
Implement
vegetation
management,
defensible space
coordination, and
fuel reduction
strategies.
EM / Public Works / OCFA Ongoing
Develop CWPP Obtain funding for
the development of
a CWPP, contract
services to create
the plan, and
oversee
implementation
EM / Public Works / OCFA Short–Mid
Grant
Development
Pursue and manage
mitigation funding
(e.g., HMGP, Cal Fire
grants).
EM / Finance Short–Mid
Fire Risk Reduction
Communities
Apply for and
maintain designation
on the State Fire Risk
EM / OCFA Short
1850
Action Item Description Lead / Partners Timeframe
Reduction
Communities List.
Infrastructure
Resilience
Coordinate with
Public Works to
identify vulnerable
facilities and
systems.
Public Works / EM Mid
Land Use
Coordination
Integrate hazard
mitigation
considerations into
planning and
development review.
Planning Ongoing
[Continued on next page.]
1851
Response
Purpose: Ensure the City can effectively manage incidents through coordinated command, communications, and resource deployment.
Strategic Actions
• Maintain and modernize the Emergency Operations Center (EOC) • Update EOC Standard Operating Procedures (SOPs)
• Maintain and administer WebEOC and AlertOC systems
• Formalize and maintain mutual aid agreements and MOUs • Coordinate response planning with Orange County EOC, OCEMO, and neighboring jurisdictions
• Maintain emergency communications systems and redundancies • Establish clear administrative enforcement and documentation procedures during emergencies
Action Item Description Lead / Partners Timeframe
EOC Readiness Maintain EOC
staffing plans,
equipment, and
redundancy.
EM / IT Ongoing
WebEOC
Utilization
Expand and
standardize WebEOC
usage across
departments.
EM / IT Short
Field–EOC
Coordination
Improve
coordination
between field
responders and the
EOC during
incidents.
EM / OCFA / OCSD Ongoing
Alert & Warning Maintain AlertOC
integration and
protocols.
EM / OCSD Ongoing
1852
Recovery
Purpose: Support effective short- and long-term recovery following emergencies and disasters.
Strategic Actions
• Develop post-disaster recovery staffing and contracting strategies • Identify funding mechanisms for recovery and rebuilding • Establish volunteer and donation management protocols • Coordinate with non-profit and community-based organizations • Maintain continuity planning for essential City services Action Item Description Lead / Partners Timeframe
Recovery
Framework
Establish recovery
roles,
responsibilities, and
coordination
protocols.
EM / All Depts Mid
Damage
Assessment
Maintain procedures
and training for postdisaster damage
assessments.
Building / EM Ongoing
Disaster Cost
Recovery
Coordinate
documentation for
FEMA and State
reimbursement.
Finance / EM Ongoing
Community
Recovery
Coordination
Work with NGOs and
partner agencies to
support affected
populations.
EM / Social Services Mid
[Continued on next page.]
1853
Training & Exercises
Purpose: Build and sustain staff capability through regular training and exercises.
Strategic Actions
• Conduct annual and quarterly tabletop and functional exercises • Provide role-specific EOC and ICS training for staff
• Maintain compliance with NIMS and ICS training standards • Conduct hazard-specific exercises (wildfire, tsunami, earthquake, cyber incidents) • Complete After-Action Reports (AARs) and track corrective actions Action Item Description Lead / Partners Timeframe
ICS & SEMS
Training
Maintain compliance
with required
ICS/SEMS training
levels.
EM / HR Ongoing
EOC Training Conduct regular EOC
position-specific
training.
EM Short–Mid
Exercises Conduct tabletop
and functional
exercises focused on
wildfire and other
hazards.
EM / OCFA Annual
After-Action
Reviews
Document lessons
learned and
integrate
improvements.
EM Ongoing
[Continued on next page.]
1854
Community Engagement
Purpose: Enhance community preparedness, awareness, and resilience.
Strategic Actions
• Expand Ready San Clemente and Ready, Set, Go! outreach • Integrate emergency preparedness messaging into community events • Support CERT and RACES programs
• Enhance public-facing preparedness resources
• Coordinate outreach with schools, HOAs, and community groups Action Item Description Lead / Partners Timeframe
Public Education Provide
preparedness
messaging and
materials.
EM / PIO Ongoing
Volunteer
Programs
Support CERT and
RACES participation
and training.
EM Ongoing
HOA & Stakeholder
Outreach
Coordinate with
HOAs and
community groups
on wildfire
preparedness.
EM / OCFA Ongoing
[Continued on next page.]
1855
Program Administration
Purpose: Ensure the emergency management program is sustainable, accountable, and wellcoordinated.
Strategic Actions
• Maintain an Emergency Management work plan and task tracker • Pursue and manage state and federal grant funding
• Track performance metrics and program outcomes
• Participate in regional coordination meetings
• Support ongoing professional development
Action Item Description Lead / Partners Timeframe
Program
Management
Oversee
implementation and
tracking of EMSP
actions.
EM Ongoing
Policy
Development
Maintain
emergency-related
ordinances,
resolutions, and
policies.
EM / City Attorney Mid
Reporting Provide updates to
the Community
Safety and Welfare
Committee and City
Council.
EM Ongoing
Plan Maintenance Periodically review
and update this
Strategic Plan.
EM Mid–Long
Conclusion
This Strategic Plan provides a clear, structured roadmap for strengthening the City’s emergency management capabilities over the next five years while remaining flexible to emerging risks and opportunities.
1856
City of San Clemente Centennial General Plan
S-1
Almost Quitting Time by Steve Kell
Safety Element
The City of San Clemente intends to protect the community from hazards related to geologic, seismic, and soil hazards; flooding, tsunami, and sea level change; excessive noise; hazardous materials; radiological hazards; wildfire; marine hazards; and illegal activities.
The Safety Element seeks to minimize potential property damage and human injury by reducing the exposure of people and property to these hazards and the risks of their occurrence. This element is intended to enhance safety through advance preparation for catastrophic events and by preventing or mitigating hazards and avoiding conditions that could adversely affect residents’, businesses’ and visitors’ safety.
One of the City’s primary tools for preparing and responding to hazards is the San Clemente Multi-Hazard Emergency Plan [Link to Multi Hazard Emergency Plan]. This comprehensive tool identifies key response resources, assigns emergency planning and response responsibilities to City of San Clemente and supportive agency staff, establishes communication protocols, outlines preplanned response actions by hazard type, and provides the basis for personnel training and ongoing maintenance of the City’s emergency preparedness programs.
Attachment 2
1857
City of San Clemente Centennial General Plan
S-2
The Local Hazard Mitigation Plan (LHMP) for the City of San Clemente was developed in accordance with the Disaster Mitigation Act of 2000 (DMA 2000) and followed FEMA’s Local Hazard Mitigation Plan guidance. The LHMP incorporates a process where hazards are identified and profiled, the people and facilities at risk are analyzed, and mitigation actions are developed to reduce or eliminate hazard risk. The implementation of these mitigation actions, which include both short and long-term strategies, involve planning, policy changes, programs, projects, and other activities.
The City of San Clemente strives to reduce hazards and improve resilience through capital improvement projects, innovative planning, and emergency management practices. The 2024 City of San Clemente Hazard Mitigation Plan (LHMP) update is an effort to reduce future loss of life and property damage resulting from natural or human-caused hazards.
PRIMARY GOAL:
Continue to be a well-prepared community that understands and limits exposure to potential natural and human-made hazards and effectively responds to and recovers from public safety emergencies.
GOAL AND POLICY SECTIONS:
1. Geologic, Seismic and Soil Hazards
2. Flooding and Marine Hazards
3. Wildfire
4. Noise
5. Radiological Hazards
6. Hazardous Materials
7. Emergency Services, Preparedness, Response and Recovery
8. Climate Change
ADDITIONAL LINKS
• Marine Safety Division website [https://www.san-clemente.org/department-services/safetyservices/lifeguard-services] • Orange County Fire Authority website [http://ocfa.org/] • Orange County Sheriff’s Department website [http://ocsd.org/] • Nuclear Regulatory Commission website [http://www.nrc.gov/] • United States Geologic Survey California Earthquakes website [https://www.usgs.gov/faqs/how-do-i-find-fault-or-hazard-maps-california?qtnews_science_products=0#qt-news_science_products] • Local Hazard Mitigation Plan [https://www.sanclemente.org/home/showpublisheddocument/88821/638761663741731626 1858
City of San Clemente Centennial General Plan
S-3
Geologic, Seismic and Soil Hazards
There are no known active faults within the City of San Clemente; however, ground shaking resulting from regional seismic activity can have a significant local impact. Additionally, some areas where the water table is shallow with loose, unconsolidated sandy soils have the potential for liquefaction [link to Glossary] during a seismic event. Also, our coastal and canyon bluffs and hillsides can be steep and subject to landslides and slope failures.
Potential geologic and soil hazards can be increased by inappropriate development, seismic activity and heavy rains. This section’s goal and policies, and the related implementation measures, seek to mitigate potential threats from geologic, seismic and soil hazards through information sharing and establishing appropriate development standards.
GOAL:
Minimize risk to life, property, economic and social dislocation and disruption of vital services that could result from geologic and seismic hazards.
POLICIES:
S-1.01. Up to Date Information. We collect and maintain relevant data on fault locations, soils reports and other information that can help identify seismic or liquefaction potential and areas at risk of landslides.
S-1.02. Alquist-Priolo Act. If active or potentially active faults are identified, we will implement mandatory development restrictions and investigation requirements pursuant to the Alquist-Priolo Act.
S-1.03. Unreinforced Masonry Buildings. We require the retrofitting of unreinforced masonry buildings during remodels to minimize hazards to life and property due to an earthquake or other geologic hazards.
S-1.04. Landslide Risk. Where development is proposed on unstable terrain, excessively-steep slopes and other areas deemed hazardous due to landslide risk, it is prohibited unless acceptable mitigation measures are implemented.
S-1.05. Assessment and Mitigation. Where appropriate, we require new development to assess the potential for liquefaction, slope instability and landslides and require that appropriate measures be incorporated into the project to mitigate such hazards.
GENERAL PLAN INFORMATION:
Figure S-1, Geologic, Seismic and Soil Hazards Map
ADDITIONAL LINKS:
• Alquist-Priolo Act [https://www.conservation.ca.gov/cgs/alquist-priolo] 1859
City of San Clemente Centennial General Plan
S-4
Flooding and Marine Hazards
Potential water-related hazards in San Clemente include flooding, tsunami, and sea level rise. Flood hazards include coastal inundation, flash flooding down watercourses and channels throughout the community, and sheet flooding across low lying areas adjacent to these watercourses. A tsunami is a series of ocean waves triggered by the displacement of a large volume of water after a submarine disturbance, such as an underwater earthquake or landslide. While there is no record of large or moderate tsunamis in the San Clemente area, the potential for tsunami damage exists, as it does in most coastal California communities. Distant source tsunamis have produced run-up of less than two feet in San Clemente; however global climate changes affecting sea level have been observed over time and if observed patterns continue, a sea level rise should be expected. Sea level rise is a long-range concern and while predictions vary, a significant rise in sea level rise could adversely affect land use, transportation and water quality in low-lying coastal areas.
Marine hazards also include common ocean-related public safety concerns such as hazardous surf and navigational boating hazards.
To further address concerns regarding sea level rise, the City conducted a Sea Level Rise Vulnerability Assessment (SLRVA), adopted in 2019 [https://www.sanclemente.org/home/showdocument?id=54174]. The study’s purpose is to identify areas and resources in the City that may be vulnerable to rising seas in the future, and introduces a range of adaptation strategies. Shoreline erosion is expected to accelerate with sea level rise and will likely be the most significant hazard impacting coastal resources in the City.
The City will also prepare a companion Coastal Resiliency Plan which will contain a discussion of potential adaptation strategies that the City can implement over time to improve coastal resiliency. The Coastal Resiliency Plan will identify more focused municipal actions, regional actions, coordination activities, and sea level rise adaptation strategies for various areas in the City.
Figure S-2 shows the areas of the City subject to the Regulatory Floodway. The Regulatory Floodway is the channel of a river or other waterway and the adjacent land areasthat must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. Communities must regulate development in these floodways to ensure that there are no increases in upstream flood elevations. The other change is to the flood hazard zone along the coastline.
GOAL:
Minimize risk to life, property, economic and social dislocation, disruption of vital services and environmental effects cause by flooding, tsunami, and sea level rise.
POLICIES:
S-2.01. Flood Control Channels. Whenever feasible, we support the restoration of concrete lined flood control channels back to natural earthen channels.
S-2.02. Drainage Obstruction. We require that property owners along canyons and watercourses keep natural drainage courses on their sites free of obstructions, such as 1860
City of San Clemente Centennial General Plan
S-5
debris, structures and dams, which may adversely affect flooding on the site or on downstream properties.
S-2.03. 100-Year Flood Zone. We prohibit development within the 100-year flood zone unless adequate mitigation is provided against flood hazards.
S-2.04. Regulations. We implement Federal, State, County and local flood control regulations, as appropriate.
S-2.05. Interagency Coordination. We coordinate appropriate procedures for police, fire and other agencies to respond during flooding, consistent with Federal, State, and County regulations, as well as the City of San Clemente Emergency Plan.
S-2.06. Information. Where accurate and reliable information regarding flooding, tsunami, and sea level rise hazards is available, the City seeks to make such information publicly available to help reduce flooding and marine hazards.
S-2.07. Marine Safety. We maintain adequate staffing for lifeguard services to address beach and swimmer safety needs.
LINKS TO GENERAL PLAN INFORMATION:
• Figure S-2, Flood Hazards Map
• Figure S-3, Tsunami Potential Inundation Map
ADDITIONAL LINKS:
• San Clemente Multi-Hazard Emergency Plan
[https://www.san-clemente.org/Home/ShowDocument?id=63047&isPublished=False] • City of San Clemente Climate Action Plan [https://www.sanclemente.org/home/showdocument?id=9384] • U.S. Environmental Protection Agency, Future Climate Change, Sea Level Rise [http://www.epa.gov/climatechange/science/future.html#sealevel] Fire
San Clemente residents enjoy access to and views of natural open spaces. Several neighborhoods in San Clemente are adjacent to expansive open space resources, such as the Richard and Donna O’Neill Conservancy to the north and east of City limits, and San Onofre State Beach and Camp Pendleton to the south. These large open space areas at the urban-wildland interface contain vegetation that provides fuel for wildfires which can threaten life and property in San Clemente. Wildfires are of particular concern during Santa Ana wind events, when forceful winds blow dry air from the east to the west. They create extremely dry conditions in which wildfires can easily develop due to natural or human causes. Historically, wildfire is one of the most destructive hazards in San Clemente, affecting homes, businesses, the natural environment, and human lives. The City last experienced a damaging wildfire on January 21, 1976 which charred 2400 acres, destroyed sixteen San Clemente homes and damaged 144 others. As a result, the City created the State’s first residential sprinkler ordinance. In June of 2017, a fire that started on nearby Camp Pendleton came within ¼ mile of homes in San Clemente. 1861
City of San Clemente Centennial General Plan
S-6
Wildfire poses a significant risk to residential and commercial development within City boundaries. Effective April 1, 2024, CAL FIRE identified areas of San Clemente varying levels of wildfire hazard within their Fire Hazard Severity Zones (FHSZs). Designated Very High, High, and Moderate Fire Hazard Severity Zone maps arose from major destructive fires, prompting the recognition of these areas and strategies to reduce wildfire risks. Legislative response led to mandated mapping across California under the California Public Resources Code 4201- 4204, encompassing all State Responsibility Areas (SRA).
The County of Orange Community Wildfire Protection Plan (CWPP) (2017) covers all Orange County Fire Authority service areas and portions or 17 cities that either threaten or are threatened by State Responsibility Areas (SRA). San Clemente is served by the Orange County Fire Authority and islocated within the CWPP area. The CWPP provides an overview of wildland fire risks, hazard, and resources within the planning area; recommends possible actions to reduce impacts of wildfire in the planned area; and provides an action plan to mitigate and respond to fire.
California Senate Bill 1241 (SB 1241) was passed by the California legislature in 2012, which required jurisdictions to update their Safety Elements upon the next revision of the Housing Element, on or after January 1, 2014. Subsequently, Gov. Code § 65302, subd. (g)(3.2) was changed to address fire hazard planning. Within the city, there are neighborhoods with substantial open space that lie within the fire hazard severity zones. The City mitigates community risks identified by the fire hazard severity zones with vegetation management and evacuation planning. This Safety Element update incorporates policies to address those recommendations and adds Figure S-5 to show the Land Use Plan and critical facilities within the fire hazard severity zones (FHSZs). Inclusion within the FHSZs is based on five factors: density of vegetation; slope severity; five-minute fire department response time; road class proximity and proximity to fire hydrants; and CAL FIRE’s vegetation cover and fire behavior and fuel spread model. The City adopted ordinance 1791 on June 3, 2025, amending Exhibit “A” of chapter 8.22 of the San Clemente Municipal Code to include updates to the fire hazard severity zones, reflected in the FHSZs Map (Figure S-6). Figures S-9 and S-10 outline the City’s evacuation planning initiative, mitigating community risks posed by wildfire hazard, but requires further collaboration with community partners and Public Safety entities.
GOAL:
Minimize risk to life, property, economic and social dislocation and disruption of vital services due to uncontrolled fire.
POLICIES:
S-3.01. Fire and Building Codes. We coordinate with Orange County Fire Authority to proactively mitigate or minimize the adverse effects of structural fires, wildfires and related hazards like erosion, hazardous materials release and structural collapse by implementing appropriate fire and building codes.
S-3.02. Land Use and Zoning. Development proposals and applicants will minimize new residential development in the VHFHSZs, and locate future public facilities, including new essential and sensitive facilities, outside of VHFHSZs when possible. 1862
City of San Clemente Centennial General Plan
S-7
S-3.03. Fire and Building Codes. We adhere to all Orange County Fire Authority regulations and guidelines for fire safe development practices, vegetation management, and maintenance in the City, including in the VHFHSZ’s.
S-3.04. Fire and Building Codes. We ensure that all new development and redevelopment in the VHFHSZs will comply with the Board of Forestry and Fire Protection Fire Safe Regulations, and the most current version of the California Building Codes and California Fire Code.
S-3.05. Fire and Building Codes. In coordination with Orange County Fire Authority, we will condition development to incorporate fire safe design, including sufficient ingress/egress, evacuation routes, emergency vehicle access, defensible space, visible home addressing and signage, and fuel modification zones.
S-3.06. Emergency Evacuation Routes. We will work with the Orange County Sheriff’s Department (OCSD) to develop, implement and maintain an effective evacuation program, identify residential development with inadequate access and/or without a secondary emergency evacuation route, and prepare improvement plans and mitigation measures in order to be prepared in the event of a natural or humancaused disaster, through our Local Hazard Mitigation Plan.
S-3.07. Public Education. We coordinate with Orange County Fire Authority to provide public education tools to increase awareness of fire prevention measures, and evacuation procedures, especially for those neighborhoods in the VHFHSZs.
S-3.08. Orange County Fire Authority. We contract with Orange County Fire Authority to maintain fire stations, equipment, and staffing to effectively respond to emergencies.
S-3.09. Peak Water Supply. We maintain an adequate peak water supply for fire suppression, per the San Clemente Urban Water Management Plan and funding available for implementation.
S-3.10. Evaluation. We coordinate with the Orange County Fire Authority to evaluate the effectiveness of fire safety strategies and implementation measures.
S-3.11. Balance Between Goals. We balance the need for fire safety and defensible landscape perimeters with biological and open space preservation goals, where applicable, consistent with the Coastal Conservation Plan.
GENERAL PLAN INFORMATION:
• Emergency Services Section
• Urban Design Element
• Figure S-5, Fire Hazard Severity Zones (FHSZs) and Critical Facilities on General Plan Land Use Map
• Figure S-6, FHSZs Map
• Figure S-8, Critical Facilities Map
• Figure S-9, Evacuation Map
• Figure S-10, Parcels With One Evacuation Route
1863
City of San Clemente Centennial General Plan
S-8
ADDITIONAL LINKS:
• Orange County Fire Authority website [http://ocfa.org/] Noise
Excessive noise can adversely affect human health and well-being, economic productivity, and property values, especially in areas where sensitive land uses such as senior housing, schools, child care, and hospitals are located. Mobile and stationary noise sources contribute to overall noise levels, and the impacts of both must be analyzed when considering environmental effects of new development. Bisected by Interstate 5, San Clemente’s primary noise source is from automobile, truck and motorcycle traffic.
Passenger and freight rail services utilize a rail line that skirts the coastline and are also significant mobile noise sources. The City has successfully used federal tools to reduce train noise near sensitive land uses.
The General Plan is a tool for managing noise by planning for and maintaining compatibility between sensitive land uses and noise sources. Specific standards regulating the noise environment are provided by the San Clemente Noise Ordinance [https://library.municode.com/ca/san_clemente/codes/code_of_ordinances?nodeId=TIT8HESA_CH8.48NO CO].
GOAL:
Minimize exposure to excessive noise levels by taking appropriate actions to avoid or mitigate the detrimental effects of exposure to excessive noise levels on humans and animals and in particular, on sensitive land uses.
POLICIES:
S-4.01. Noise Control. We effectively control ambient and stationary noise conditions by maintaining baseline information, monitoring conditions, following State guidelines, and enforcing locally adopted ordinances and building codes.
S-4.02. Street Design. We consider noise impacts when designing new.
S-4.03. Interagency Collaboration. We encourage and collaborate with local, regional, and statewide transportation agencies to minimize transportation- related noise impacts and provide appropriate mitigation measures that also consider impacts to community character and on natural resources (e.g., views).
S-4.04. Balance Between Noise Control and View Protection. We will continue to work with local, State, and Federal agencies to reduce highway- and railroad- generated noise levels to within acceptable levels identified in the General Plan, while seeking to re-establish ocean views blocked by noise barriers on Interstate 5.
S-4.05. Rail-related Noise. We minimize the noise impact of passenger and freight rail service on sensitive land uses by coordinating with rail authorities to effectively manage train noise and by aggressively pursuing noise mitigation measures that apply to rail uses.
1864
City of San Clemente Centennial General Plan
S-9
S-4.06. Truck Routes. To minimize truck traffic noise impacts to sensitive land uses, we designate areas where truck traffic is prohibited.
S-4.07. Collaboration with Camp Pendleton. We collaborate with the United States Marine Corps, Camp Pendleton, to minimize the impacts of noise- or vibrationinducing activities on San Clemente residents and to inform the community in advance when such activities will be conducted.
S-4.08. Live Entertainment. We control live entertainment noise conditions by requiring best management practices that minimize impacts on residential and other sensitive uses and ensure compliance with the City’s adopted Noise Ordinance.
GENERAL PLAN INFORMATION:
• Figure S-4A, Existing Roadway and Rail Noise Contour Map • Figure S-4B, Future Roadway and Rail Noise Contour Map • Urban Design Element [link to UDE Homepage]
• Mobility and Complete Streets Element [link to ME Homepage] ADDITIONAL LINKS:
• San Clemente General Plan EIR Noise Section [Link to EIR] Radiological Hazards
The San Onofre Nuclear Generating Station (SONGS) is the only nuclear power plant in Southern California. It is located in San Diego County, approximately three miles south of the City of San Clemente. SONGS is primarily owned by Southern California Edison, which is in charge of its operations and maintenance. In June 2013, Southern California Edison announced that it was going to retire the nuclear power plant, which had not been operational since January 2011. This is a process called decommissioning and dismantling of the plant. The decommissioning process is regulated by the Nuclear Regulatory Commission (NRC). Coordination of policies and procedures for radiological hazards will continue to be relevant to the City. Dismantlement began first quarter 2020 and will involve the deconstruction of most of the above-grade structures as well as the partial removal of offshore undersea conduits (large pipes) and offshore buoys and anchors. Southern California Edison submitted the 2019 Decommissioning Progress Report on June 15, 2020; it provides a progress report of decommissioning activities. The dismantlement phase is expected to take 8 to 10 years.
The San Clemente Multi-Hazard Emergency Plan [https://www.sanclemente.org/Home/ShowDocument?id=63047&isPublished=False] was created to prepare the community for potential emergency situations that could develop as a result of excessive radiation exposure from SONGS. The Multi-Hazard Emergency Plan outlines procedures for oversight, communication, emergency warning, evacuation, response, and recovery. 1865
City of San Clemente Centennial General Plan
S-10
GOAL:
Minimize risk to public health, safety, and welfare, and the natural and built environments of the City of San Clemente through proper communication protocols and nuclear disaster preparedness.
POLICIES:
S-5.01. Public Information. We proactively communicate with State and Federal agencies and Southern California Edison and seek to ensure the City and its residents are informed about the status of and conditions at SONGS.
S-5.02. Interagency Collaboration and Response. We collaborate with the counties of Orange and San Diego, the cities of Dana Point and San Juan Capistrano, the US Marine Corps Base Camp Pendleton, California State Beaches and Parks, Southern California Edison and other local, state and federal government agencies with roles in radiological emergency response to ensure the City and our neighbors can conduct coordinated emergency response to an event at SONGS.
S-5.03. Public Education. We reduce risks to the public from radiological events through public awareness and education, by operating emergency warning systems, by establishing, updating, and implementing community protection in partnership with local, State and Federal government agencies, and through our readiness to implement emergency plans.
S-5.04. Transport of Radioactive Materials. We work with Southern California Edison to ensure the transport of radioactive materials through the City of San Clemente complies with all State and Federal standards and does not adversely affect human health, land uses and activities.
S-5.05. Disposal of Radioactive Fuel. We encourage the Federal government to establish a permanent, safe disposal site for spent nuclear fuel rods and the establishment of temporary sites, if needed, to move fuel away from San Clemente.
ADDITIONAL LINKS:
• Radiological Emergency Evacuation Route Map [https://www.sanclemente.org/home/showpublisheddocument?id=10109] • San Clemente Multi-Hazard Emergency Plan
[https://www.san-clemente.org/Home/ShowDocument?id=63047&isPublished=False] • City of San Clemente Emergency Planning webpage
[https://www.san-clemente.org/government/city-departments/public-works/emergencyplanning] • Nuclear Regulatory Commission website [http://www.nrc.gov/] • SONGS Website [http://www.songscommunity.com]
Hazardous Materials
San Clemente’s industrial and manufacturing uses contribute to the City’s prosperity.
However, these uses can pose hazards related to the use and storage of toxic materials and 1866
City of San Clemente Centennial General Plan
S-11
the creation of toxic waste as byproducts. The storage, transportation, and disposal of these materials are sensitive processes. Seismic activity, flooding, marine hazards, and fires can result in hazardous materials being released onto land or into the air and water, contaminating the environment and endangering public safety.
The transportation of hazardous materials is of particular concern in San Clemente.
Hazardous materials are transported through the community due to San Clemente’s location along a busy rail route and along Interstate 5, a major north-south corridor for California.
GOAL:
Protect life, property, and the natural environment by minimizing the potential for exposure to and contamination from hazardous materials and waste.
POLICIES:
S-6.01. Public Maps. We publicize areas of known hazardous materials contamination to reduce risk to public health, safety, and welfare.
S-6.02. Remediation Plans. We require owners of contaminated sites to develop a remediation plan with the assistance of the County of Orange and State and Federal government agencies.
S-6.03. Coordinated Response. We coordinate effective responses to hazardous materials incidents with other appropriate jurisdictions and agencies.
S-6.04. Local and Regional Participation. We participate in local and regional efforts to mitigate the potential for land, water, and air contamination from hazardous materials or waste, and work to help ensure clean-up of contaminated areas if a release occurs.
S-6.05. Disclosure Laws. Working with other public agencies, we help enforce disclosure laws that require the users, producers, and transporters of hazardous materials and waste to clearly identify these items.
S-6.06. Public Education. Working with other public agencies, we help disseminate information to the public about the proper disposal of household hazardous materials and waste, and encourage the use of non-toxic alternatives.
ADDITIONAL LINKS:
• Figure S-7, Hazardous Materials Sites Map
[Hazardous Materials Sites Map]
• Orange County Hazardous Waste Management Plan
[http://oclandfills.com/hazardous/]
• Title 49, Federal Code of Regulations [https://www.ecfr.gov/cgi-bin/textidx?tpl=/ecfrbrowse/Title49/49tab_02.tpl] 1867
City of San Clemente Centennial General Plan
S-12
Emergency Services, Preparedness, Response, and
Recovery
Emergency services in San Clemente include police protection, fire prevention and suppression, emergency medical care, marine safety and City emergency planning. Police services, including emergency evacuation are provided by the Orange County Sheriff’s Department, fire and emergency medical services are provided by the Orange County Fire Authority, marine safety services are provided by the City of San Clemente Marine Safety Division and at State beaches by the State of California, and emergency preparedness is organized by the City’s Emergency Planning Program, Community Development Department. Maintaining safety in San Clemente’s neighborhoods, business districts, and beaches contributes to the community’s appeal to residents, business owners, and visitors. The City of San Clemente approaches emergency services and planning in a proactive manner that includes education and prevention strategies.
San Clemente is susceptible to a variety of natural and human-made safety hazards including earthquakes, floods, marine hazards, fires, crime, and radiological exposure. The General Plan seeks to mitigate these potential threats to life, property, environmental quality, and economic vitality through preventative measures and through careful emergency planning.
GOAL:
Continue to be a safe, disaster-resilient community that is prepared through effective community outreach, proactive monitoring, and efficient emergency services, response, recovery and mitigation.
POLICIES:
S-7.01. Staffing, Facilities and Supplies. We ensure adequate staffing, facilities and supplies for our police, fire, marine safety and emergency medical services, and emergency planning to provide appropriate and timely response to emergency needs.
S-7.02 Hazard Prevention Funding. We give high priority to strategies and funding for hazard-prevention services, training, educational materials, and facilities.
S-7.03 Outreach and Education. We provide community-based outreach and educational efforts to enable our residents to prepare for and respond appropriately in emergency situations, and to contribute to the overall safety of the community.
S-7.04 Interdepartmental and Interagency Collaboration. We collaborate among City departments and with organizations outside of the City for a comprehensive approach to emergency services and disaster preparedness, response and recovery, including continuity of operations (e.g. information technology and financial services). The Orange County Operational Area Agreement of January 2020 formally outlines the County of Orange and its political subdivisions (including the City of San Clemente) for purposes of emergency management coordination. We maintain mutual aid agreements through the Orange County Law Enforcement Mutual Aid Compact, Orange County Fire Service Operational Area Mutual Aid Plan, and Orange County Public Works Mutual Aid Plan/Agreement.
1868
City of San Clemente Centennial General Plan
S-13
S-7.05 Partnerships. We partner with other local, State and Federal emergency services agencies to enhance safety resources in the City of San Clemente.
S-7.06 Performance Measurement. We periodically analyze public safety data to evaluate the effectiveness of our strategies and allocate resources accordingly.
S-7.07 Crime Prevention Through Environmental Design. We require new development to incorporate Crime Prevention Through Environmental Design (CPTED) [link to Glossary] features in the orientation and design of sites, buildings, streetscapes, and open spaces.
S-7.08 Emergency Evacuation. We coordinate with the Orange County Sheriff’s Department (OCSD) for emergency evacuation services when needed.
S-7.09 Management Programs and Warning Systems. We maintain emergency management programs and warning systems that meet State and Federal requirements. An example is the California Water/Wastewater Agency Response Network (Cal Warn) mutual aid and assistance program whose mission is to support and promote statewide emergency preparedness, disaster response, and mutual assistance processes for public and private water and wastewater utilities.
S-7.10 Training. We regularly conduct training exercises to prepare for and evaluate emergency and disaster response and recovery procedures.
S-7.11 Outreach. We reach out to the community to educate, train and establish volunteer programs, to enhance the safety and disaster resilience of our community through volunteer programs, such as the Community Emergency Response Team (CERT) Program, Retired Senior Volunteer Program (RSVP), Explorer Scouts, and Neighborhood Watch and Radio Amateur Citizen Emergency Services (RACES).
GENERAL PLAN INFORMATION:
• Figure S-8, City of San Clemente Critical Facilities Map ADDITIONAL LINKS:
• San Clemente Multi-Hazard Emergency Plan
[https://www.san-clemente.org/Home/ShowDocument?id=63047&isPublished=False] • City of San Clemente Police Services
[https://www.san-clemente.org/i-am-a-/visitor/police-services-ocsd] • City of San Clemente Fire Services webpage [https://www.sanclemente.org/department-services/safety-services/fire-services] • Orange County Fire Authority website [http://ocfa.org/] • City of San Clemente Marine Safety Division webpage [https://www.sanclemente.org/department-services/safety-services/lifeguard-services] • City of San Clemente Emergency Planning
[https://www.san-clemente.org/government/city-departments/public-works/emergencyplanning] • Community Emergency Response Team (CERT) Program [https://www.sanclemente.org/government/public-works/cert-community-emergency-response-team] 1869
City of San Clemente Centennial General Plan
S-14
• Retired Senior Volunteer Program (RSVP)
[https://www.san-clemente.org/recreation-community/volunteer-opportunities] • Explorers
[https://media.ocgov.com/gov/sheriff/divisions/fieldops/security/mutual/reserve/449/recruitmen t.asp]
• Neighborhood Beach Watch
[https://www.san-clemente.org/i-am-a-/resident/neighborhood-beach-watch] • Radio Amateur Citizen Emergency Services (RACES) [https://www.sanclemente.org/government/city-departments/emergency-planning/volunteer-programs/tricitiesraces-ares] Climate Change
In accordance with the requirements of SB 379, codified at Government Code Section 65302(g)(4), climate change adaptation and resilience must be addressed in the safety element of all general plans in California. For cities with current LHMP’s and other documents that address the anticipated vulnerabilities associated with climate change, these documents can be incorporated by reference.
Addressing climate change requires an integrated approach that targets both the sources of climate change, and the effects. Efforts to reduce the sources of climate change are termed climate change mitigation, greenhouse gas emissions (GHG) mitigation, or climate action. Efforts to reduce harm from the effects of a changing climate are referred to as climate adaptation and resilience.
The purpose of climate adaptation planning is to seek strategies to reduce vulnerability to projected climate change effects, increase the local capacity to adapt, and build resilience.
A climate resilient city is one that is prepared for the effects of climate change, continues to provide essential services, protects the most vulnerable during hazardous events, and continually learns and adjusts in the face of change and disruption.
In 2014, the City adopted its first Climate Action Plan [https://www.sanclemente.org/home/showdocument?id=9384]. This plan’s focus is on reducing GHGs through a series of implementation measures in the categories of alternative transportation, land use, energy efficiency and waste reduction. The Climate Action Plan is incorporated by reference in this Safety Element.
The City’s most recent climate action planning effort is related to sea level rise. In 2019, the City adopted a Sea Level Rise Vulnerability Assessment (SLRVA) [https://www.sanclemente.org/home/showdocument?id=54174]. The study’s purpose is to identify areas and resources in the City that may be vulnerable to rising seas in the future, and introduces a range of adaptation strategies. Shoreline erosion is expected to accelerate with sea level rise and will likely be the most significant hazard impacting coastal resources in the City.
The City will also prepare a companion Coastal Resiliency Plan which will contain a discussion of potential adaptation strategies that the City can implement over time to improve coastal resiliency. The Coastal Resiliency Plan will identify more focused municipal 1870
City of San Clemente Centennial General Plan
S-15
actions, regional actions, coordination activities, and sea level rise adaptation strategies for various areas in the City.
Overall, the primary risks associated with climate change that are projected to impact the City of San Clemente are sea level rise, increased risk of wildfires, and precipitation pattern changes which can result in drought and/or flooding. Sea level rise is addressed in the SLRVA discussed in the previous paragraph. Enhanced policies associated with avoiding and/or mitigating community risks associated with wildfire hazard have been added to the Fire section of this Safety Element as recommended by CAL FIRE, and are part of the LHMP.
Precipitation pattern changes include periods of extremely low precipitation, which are projected to double by the end of the century, and at the other end of the spectrum, increased incidence of high precipitation events. Periods of low precipitation can result in drought and reduced water supply. High precipitation producing events are also expected to continue to increase, and can cause flooding and landslides. Flooding is addressed in the Flooding and Marine Hazards section in this Safety Element and in the LHMP. Landslides are addressed in the Geology, Seismic and Soils Hazards section of this Safety Element and the LHMP. Reduced water supply and drought are addressed in detail in the LHMP.
GOAL:
Increase resilience and protect residents from the anticipated effects of climate change.
POLICIES:
S-8.01 Sea Level Rise. We evaluate for climate change effects resulting from sea level rise by maintaining baseline information and following State guidelines through adoption of the the City’s SLRVA, incorporated here by reference, and adopt and implement adaption strategies with the City’s future Coastal Resiliency Plan, which will be incorporated here by reference.
S-8.02 GHG mitigation. We fight global climate change by reducing our greenhouse gas emissions from both municipal operations and community activities.
S-8.03 Wildfire Risk. We cooperate with CAL FIRE, and adopt and implement fire safe policies that recognize wildfire hazard in our community and reduce wildfire risk, especially in the VHFHSZ.
S-8.04 Changing Conditions. We promote design solutions and best practices that ensure future developments and infrastructure can adapt to climate change effects.
S-8.05 Resilient Community. We increase community resilience to climate change and protect vulnerable populations, including older adults and those with disabilities. 1871
City of San Clemente Centennial General Plan
S-16
ADDITIONAL LINKS:
• California’s Fourth Climate Change Assessment, Los Angeles Region Report, 2018, OPR, Cal Energy Commission, Cal Natural Resources Agency [https://www.energy.ca.gov/sites/default/files/2019-11/Reg%20Report-%20SUM-CCCA4-2018- 007%20LosAngeles_ADA.pdf]
• Local Hazard Mitigation Plan [https://www.sanclemente.org/home/showpublisheddocument/88821/638761663741731626 Implementation Measures
General Plan Implementation Measures are contained in the Strategic Implementation Program (SIP). The SIP contains Implementation Measures for one-time projects that end with a specific goal, and ongoing projects that requires routine activity with no specified end date. The SIP is updated by the City Council with the City budget and Long-Term Financial Plan (LTFP) to ensure the effective implementation of the Centennial General Plan. This coordination ensures that the General Plan remains a dynamic, up to date, responsive guide to public decision making and expenditures.
Click here to access Implementation Measures for this element in the latest Strategic Implementation Program.
1872
SAN JUAN C API STR AN O
DAN A
POI NT
UN IN COR POR ATED
CO UN TY
ORANG E COU NT Y
SAN DIEG O COU NTY
P A C I F I C
O C E A N
MAR IN E COR PS BASE
CAMP PEN DL ETO N
§¨¦5
§¨¦5
Camino Capistrano
N El Camino Real
Avenida Pico
Coast Hwy
Portico del Norte
Calle del Cerro
Camino Mira Cos at
SanJuan Creek Rd
Avenida Pico
S El Camino Real
Avenida la
Camino
Pata
de Estrella
Camino Capistrano
Camino de Los Mares
Valle Rd
Avenida Vista Hermosa
La Novia Ave
Avenida Pico
Avenida del Presidente
GEOLOGIC, SEISMIC AND SOIL HAZARDS MAP
Figure S-1
0 1,625 3,250 6,500
Feet
Source: Seismic Hazards Progam, California Geological Survey, California Department of Conservation September 2021
Areas where previous occurrence of landslide movement, or local topographic, geological, geotechnical and subsurface water conditions indicate a potential for permanent ground displacements such that mitigation as defined in Public Resources Code Section 2693(c) would be required.
Landslide Zone Area
Areas where historic occurrence of liquefaction, or local geological, geotechnical and groundwater conditions indicate a potential for permanent ground displacements such that mitigation as defined in Public Resources Code Section 2693(c) would be required.
Liquefaction Zone Area
34 san clementel
centen~,a
'
1873
§¨¦5
§¨¦5
FLOOD HAZARD MAP
Flood Hazard Zones
Regulatory Floodway (1% Annual Chance of Flood)
100-Year Floodplain (1% Annual Chance Flood)
500-Year Floodplain (0.2% Annual Chance Flood)
Figure S-2
0 1,650 3,300 6,600
Feet
Data Source: FEMA National Flood Hazard Layer (NFHL)
September 2021
35 -
-
-
san clemente
centennial
' '
SAN UAN CAPISTRANO
UNINCORPORATED
COUNTY
MARINE CORPS BASE
CAMP PENDLETON
1874
§¨¦5
§¨¦5
N El Camino Real Camino Cap istrano
N El Cam ino Real
Avenida Pico
Coast Hwy
Portico del Norte
Calle del Cerro
Camino Mira Costa
S an Juan Creek Rd
Avenida Pico
S El Camino Real
Avenida la Pata
Camino de Estrella
Camino Capistrano
Camino de Los Mares
Valle Rd
Avenida Vista Hermosa
La Novia Ave
Avenida Pico
Avenida del Presidente
Figure S-3
0 1,650 3,300 6,600
Feet
Data Source: Source: California Geological Survey, California Department of Conservation September 2021
TSUNAMI POTENTIAL INUNDATION MAP
2021 Tsunami Hazard Area
Outside 2021 Hazard Area
36 POINT
D
son clemente
ce tenniol I ..
SAN UAN CAPISTRANO
UNINCORPORATED
COUNTY
I
I
MARINE CORPS BASE
CAMP PENDLETON
1875
SAN JUAN CAPISTRANO
DANA
POINT
UNINCORPORATED
COUNTY
ORANGE COUNTY
SAN DIEGO COUNTY
P A C I F I C O C
EA
N
MARINE CORPS BASE
CAMP PENDLETON
§¨¦5
§¨¦5
N El Camino Real
Avenida Pico
Coast Hwy
San
Juan
Creek Rd
S El Camino Real
Avenida la Pata
Camino
de
Estrella
Camino
de
Los
Mares
Valle
Rd
Camino
Capistrano
Avenida Pico
Avenida
del Presidente
Camino Capistrano
Portico del Norte
Calle
del Cerro
Avenida Pico
Avenida Vista
Hermosa
La
Novia Ave
EXISTING ROADWAY AND RAIL NOISE CONTOUR MAP
Figure S-4a
Noise Contours
70 CNEL
65 CNEL
60 CNEL
City Boundary
Railroad
0 1,300 2,600 5,200Feet
CNEL = Community Noise Equivalent Level
6/25/2015
37 5~11 rleJll~Jdt
c _lie 111111 t • ti I
-
-
-
I
I
:
I
I
I
I ~ I ~ r
__ .1
I
V
I
I
I
I
I
I
I
I
;-
/
"'---;
1876
SAN JUAN CAPISTRANO
DANA
POINT
UNINCORPORATED
COUNTY
ORANGE COUNTY
SAN DIEGO COUNTY
P A C I F I C O C E A N
MARINE CORPS BASE
CAMP PENDLETON
§¨¦5
§¨¦5
N El Camino Real
Avenida Pico
Coast Hwy
San
Juan
Creek Rd
S El Camino Real
Avenida la Pata
Camino
de
Estrella
Del Obispo St
Camino
Capistrano
Camino
de
Los
Mares
Valle
Rd
Avenida Pico
Avenida
del Presidente
Camino Capistrano
Portico del Norte
Calle
del Cerro
Avenida Pico
Avenida Vista
Hermosa
La
Novia Ave
FUTURE ROADWAY AND RAIL NOISE CONTOUR MAP
Figure S-4b 0 1,250 2,500 5,000
Feet
7/1/2015
Noise Contours
70 CNEL
65 CNEL
60 CNEL
City Boundary
Railroad
CNEL = Community Noise Equivalent Level
38 (I
/2
son clemente
(entenniol
CllllA PllH
-
-
-
1877
39 Fire • Hazard Severity Zones . ➔.
- Very High
0 High
c::J Moderate
Critical Facilities
@ Schools
0 Reservoirs
• Utilities Stations
General Plan rclal 1 (CCl) tty comme Commun . I 2 (CC2) • Commema Community . I 3 (CC3) • CommercIa
community (CC4)
Community Commercial 4 ·ng Commercial (CRC) d Recreation Servi Coastal an . I l 1 (NCl.1)
Neighborhoo . I 1.2 (NCl.2 d Commema • )
d CommercIa
Neighborhoo Commercial 1.3 I hborhood
NCl.3 - Neg rcial 2 (NC2) .._ d Comme
Neighbo11100 ·al 3 (NC3) Neighborhoo d Commem
Reg,ona • 1 Commercial (RC)
Lig ht Industrial (LI)
Heavy Industrial (HI)
MIX • ed Use 1 (MUl)
MIX • ed Use 2 (MU2)
f1•gure S-6
Mixed Use 3. o (MU3.0)
Mixed Use 3· 1 (MU3.1)
Mixed Use 3. 2 (MU3.2)
Mixed use 33 · (MU3.3)
Mixed Use 4(MU4)
• ed Use 5 (MUS)
Open MIX Public (OSl) space
Open Space Private (OS2)
Institutional (INST)
Civic Center (CVC)
Public (P) Density (RVL)
Residential Very Low . (RL)
• Density Residential Low Density(RML) • Medium Low Residential ·ty (RM) edlum Dens, Residential M (RH)
Residential Hlg h Density
d Critical Fae1 ·1·r es on ' I FHSZs an L d Use Map
son clementel
ce onn10
General Plan an
Camp Pendleton & ty
San Diego Coun
0 N Scale: 1:55,00 +E
2 350 4,700 w
0 • Fe~
s 1878
Fire Hazard
Severity Zones
1111 Very High
High
Moderate
Unzoned LRA
Unincorporated
Orange County
Paafic. Ocear
son clemente
centennial
Figure S-6
FIRE HAZARD SEVERITY ZONES (FHSZs) MAP
GIN l r .a L r l ,a lit
Camp Pendleton &
San Diego County
Scale: 1:55,000 N
0■-■2■, 3
c:
5 =
0 =
4 ::J
, 700 W+E
Feet
s 40
------=--,
1879
§¨¦5
§¨¦5
Camino Capistrano
N El Camino Real
Avenida Pico
Coast Hwy
Portico del Norte
Calle del Cerro
Camino Mira Costa
S an Juan Creek Rd
Avenida Pico
S El Camino Real
Avenida la Pata
Camino de Estrella
Camino Capistrano
Camino de Los Mares
Valle Rd
Avenida Vista Hermosa
La Novia Ave
Avenida Pico
Avenida del Presidente
HAZARDOUS MATERIALS SITES MAP
Figure S-7
0 1,650 3,300 6,600
Feet
Data Source: EPA National Pollutant Discharge Elimination System (NPDES) September 2021
Air Facility System (AFS): stationary sources
of air pollution
Hazardous Waste Biennial Reporter (BR)
National Pollutant Discharge Elimination
System (NPDES) module of ICIS: NPDES
surface water permits
Resource Conservation and Recovery Act
Information System (RCRAInfo): tracks
generators, transporters, treaters, storers,
and disposers of hazardous waste
Community Water Systems (SFDW):
Information about public water systems
Toxic Release Inventory (TRI): certain
industries that use, manufacture, treat, or
transport more than 650 toxic chemicals
41 0
0 •
•
•
•
san clemente
centennial
' '
7 SAN UAN CAPISTRANO
UNINCORPORATED
COUNTY _)-\
\
L ____ I
MARINE CORPS BASE
CAMP PENDLETON
I
l
I
I
1880
J
J
b
b
¹
¹
¹ ¹
¹
¹
¹
¹
¹
¹¹
¹
¹
º
º
º º
º
º
º
º
º
ºº
º
º
r
¦
¦
¦
¨
¨
¨
ñ
§¨¦5
§¨¦5
Camino Capistrano
N El Camino Real
Avenida Pico
Coast Hwy
Portico del Norte
Calle del Cerro
Camino Mira Cos at
SanJuan Creek Rd
Avenida Pico
S El Camino Real
Avenida la Pata
Camino de Estrella
Camino Capistrano
Camino de Los Mares
Valle Rd
Ave nida Vista Hermosa
La Novia Ave
Avenida Pico
Avenida del Presidente
CRITICAL FACILITIES MAP
Figure S-8
0 1,650 3,300 6,600
Feet
CRITICAL FACILITIES
ñ CITY HALL
¦¨
r
¹º
Jb
FIRE STATION
MARINE SAFETY
SCHOOLS
METROLINK STATIONS
RESERVOIRS
MUNICIPAL/COMMUNITY SERVICE
UTILITIES STATIONS
UNREINFORCED BUILDINGS
CITY BOUNDARY
42 0
0 •
___ • _.._..
son demente
centennial
0 I A I 11
SAN UAN CAPISTRANO
UNINCORPORATED
COUNTY -- ,
\
\
L.. _ _ I
MARINE CORPS BASE
CAMP PENDLETON
I
I
I
!
1881
'- --
Dana Poinf-'-
�
<::<
cJ>
Legend
- Freeway
- Arterials
Fire Hazard Severity Zones
Very High
High
Moderate
Unzoned LRA
Unincorporated
Orange County
Pa I Ocean \
\.
. .
\
\
. .
\ '
• I \
I
.
I
. .
I
.
Camp Pendleton &
San Diego County
Scale: 1:55,000 +N O 2,350 4,700 W E
••-===:i Feet
s
EVACUATION MAP
Figure S-9
43 son clemenle
centennial
I IA ,
' ' .
\
·,._
/ \
\ .
'
_______ _.,,•
' '
' ' \
\
' I
_,,..,,, ,,,·
r-,
__ ,,,-✓• \
I
,
/ ,
' ' I
J '
• • I
/
I
I
' ,
I
,
I
'
I
I
\
' I_ ___ ,
1882
44 Unincorporated
Orange County
.,··,. . ,, ' ,··'·-··-·
Legend
~ Residential parcels in Fire Hazard
Severity Zones with one egress
- Arterials
- Freeway
son clemtnte
centenn ial ....... ~ . '.
Figure S-10
EVACUATION MAP
..... '9,•
'ID
Camp Pendleton &
San Diego County
Scale: 1:52,000 +N
o 2,250 4,500 W E •••==::J Feet
s 1883
Adopted
April 2025
City of San Clemente, California
Local Hazard Mitigation Plan
Prepared By:
Attachment 3
1884
Local Hazard Mitigation Plan
City of San Clemente, California
Contents Page i
SECTION 1.0: Introduction and Purpose............................................................................. 1-1
1.1 Plan Purpose................................................................................................................. 1-1
1.2 Plan Authority ................................................................................................................ 1-2
1.3 Plan Adoption ................................................................................................................ 1-2
1.4 Plan Organization.......................................................................................................... 1-2
1.5 Mitigation Goals............................................................................................................. 1-3
1.6 Changes in Hazard Mitigation Priorities ......................................................................... 1-3 SECTION 2.0: Planning Process .......................................................................................... 2-1
2.1 Organizing Resources ................................................................................................... 2-1
2.2 Assess Risks ............................................................................................................... 2-13
2.3 Develop Mitigation Plan............................................................................................... 2-14 SECTION 3.0: Community Profile ........................................................................................ 3-1
3.1 Physical Setting............................................................................................................. 3-1
3.2 History ........................................................................................................................... 3-1
3.3 Demographics and Socioeconomic Factors................................................................... 3-3
3.4 Land Uses and Existing Development ........................................................................... 3-6
3.5 Development Trends and Future Development............................................................ 3-11
3.6 Infrastructure Systems................................................................................................. 3-13
3.7 Critical Facilities........................................................................................................... 3-14
3.8 Socially Vulnerable Populations and Determination..................................................... 3-19 SECTION 4.0: Hazards Assessment .................................................................................... 4-1
4.1 Hazard Identification and Prioritization........................................................................... 4-1
4.2 Climate Change Considerations .................................................................................... 4-6
4.3 Vulnerability/Risk Assessment....................................................................................... 4-7
4.4 Hazard Profiles.............................................................................................................. 4-8
4.5 Coastal Erosion ............................................................................................................. 4-9
4.6 Dam/Reservoir Failure................................................................................................. 4-17
4.7 Drought ....................................................................................................................... 4-27
4.8 Expansive Soils ........................................................................................................... 4-35
4.9 Flood Hazards ............................................................................................................. 4-41
4.10 Human-Caused Hazards ........................................................................................... 4-51 1885
Local Hazard Mitigation Plan
City of San Clemente, California
Contents Page ii
4.11 Landslide and Slope Failure ...................................................................................... 4-71
4.12 Seismic Hazards ........................................................................................................ 4-84
4.13 Severe Weather Hazards ........................................................................................ 4-101
4.14 Tsunami ................................................................................................................... 4-113
4.15 Wildfire and Urban Fire ............................................................................................ 4-122
4.16 Summary of Federally Declared Disasters Affecting the Planning Area ................... 4-134
4.17 Summary of Vulnerability ......................................................................................... 4-135 SECTION 5.0: Mitigation Strategy ........................................................................................ 5-1
5.1 Hazard Mitigation Overview ........................................................................................... 5-1
5.2 Hazard Mitigation Actions .............................................................................................. 5-6
5.3 Capabilities Assessment .............................................................................................. 5-20 SECTION 6.0: Plan Maintenance .......................................................................................... 6-1
6.1 Purpose of the LHMP and Authority ............................................................................... 6-1
6.2 Method and Schedule for Updating the Plan within Five Years ...................................... 6-2
6.3 Local Adoption ............................................................................................................... 6-4
6.4 Implementation through Existing Programs and Planning Mechanisms ......................... 6-4
6.5 2004 LHMP Past Integration Efforts ............................................................................... 6-5
6.6 Continued Public Involvement ....................................................................................... 6-6
6.6 Point of Contact ............................................................................................................. 6-6 SECTION 7.0: References ..................................................................................................... 7-1
APPENDIX
Appendix A, City of San Clemente Adoption Resolution
Appendix B, LHMP Planning Team Documentation
Appendix B.1, LHMP Planning Team Meetings
Appendix B.2, Community Outreach
Appendix B.3, Public Review Documentation
1886
Local Hazard Mitigation Plan
City of San Clemente, California
Section 1, Introduction and Purpose Page 1-1
The City of San Clemente (City) strives to reduce hazards and improve resilience through capital improvement projects, innovative planning, and emergency management practices. The City has developed this 2024 City of San Clemente Hazard Mitigation Plan (LHMP) update in an effort to reduce future loss of life and property damage, resulting from natural or human-caused hazards.
Natural and human-caused hazards can cause significant damage to communities, businesses, public infrastructure, and the environment. The impacts to residents and businesses within communities can be immense, and infrastructure damage can result in regional, economic, and public health consequences. Municipal buildings and critical infrastructure are vulnerable to a variety of hazards that can result in damaged structures, loss of power, disruption to operations and services, contaminated natural resources, and revenue losses. By planning for natural and human-caused hazards, and implementing projects that mitigate risk, cities can reduce costly damage and improve reliability of service following a disaster incident.
Previously, the City prepared the 2004 LHMP to implement a hazard mitigation strategy within the community. This LHMP expired on September 3, 2009. Thus, this 2024 iteration of the plan serves as a comprehensive hazard mitigation plan update.
No community can be protected against all potential impacts from natural or human-caused hazards, and hazard events often result in periods of emergency response and recovery before returning to “normal” operations. However, communities can reduce potential impacts by taking actions to become more resilient. This LHMP provides a blueprint for the City to reduce threats posed by hazards that may impact people, infrastructure, or operations. Proper planning, prior to a natural or human-caused disaster, will allow the City to return to “normal” sooner, with fewer impacts and disruption to the community.
The purpose of this LHMP is to provide City staff and City leaders with clear direction for hazard mitigation action planning. This LHMP identifies natural and human-caused hazards that threaten City infrastructure, operations and people. This LHMP also provides resources, information, and strategies to reduce these risks.
Hazard mitigation plays an important role in reducing disaster impacts by identifying effective and feasible actions to reduce the risks posed by potential hazards before an occurrence. This plan has been developed and updated to be consistent with current standards and regulations, ensuring the understanding of hazards facing the community reflects the best available information and present-day conditions.
The LHMP does not supersede any internal plans or strategies. Rather, the LHMP enhances the ability of the City to identify, inform, and mitigate hazard risks unique to San Clemente. Information in this LHMP will be used to help guide and coordinate mitigation actions and serve as a tool for City decision-makers to specifically direct mitigation activities and resources.
This LHMP incorporates the latest policy guidance from the Federal Emergency Management Agency (FEMA) Local Mitigation Planning Policy Guide, released April 19, 2022 and effective April 19, 2023. Specifically, this LHMP responds to updated policy guidance relating to climate change, socially vulnerable populations, and equity.
1887
Local Hazard Mitigation Plan
City of San Clemente, California
Section 1, Introduction and Purpose Page 1-2
Federal
The federal Robert T. Stafford Disaster Relief and Emergency Act (Stafford Act), as amended by the Disaster Mitigation Act of 2000 (DMA 2000) and supported by various regulations, directs hazard mitigation planning activities, including creation of this plan. The Stafford Act requires State, local, and tribal governmental entities that wish to be eligible for federal hazard mitigation grant funds to submit a hazard mitigation plan, identifying the natural and man-made hazards, risks, and vulnerabilities of each jurisdiction (United States Code [USC] Title 42, Section 5156[a]).
FEMA has promulgated Code of Federal Regulations (CFR) Title 44, Part 201 to carry out the hazard mitigation planning requirements in the Stafford Act. These regulations direct the planning process, plan content, and FEMA approval of hazard mitigation plans. This LHMP complies with the Stafford Act and DMA 2000, along with the appropriate sections of Title 44 of the CFR, including parts 201, 206 and 322.
State
California Government Code Section 8685.9 (Assembly Bill [AB] 2140) limits the State of California’s share of disaster relief funds paid out to local governments to 75 percent of the funds not paid for by federal disaster relief efforts, unless the jurisdiction has adopted a valid hazard mitigation plan consistent with DMA 2000. This LHMP is consistent with current standards and regulations, as outlined by Cal OES. It uses the best available information, and its mitigation actions reflect best practices and community values. This LHMP meets the requirements of current State and federal guidelines and ensures the City of San Clemente is eligible for all appropriate benefits under State and federal law and practices. This LHMP has been prepared to meet FEMA and Cal OES requirements, thus making the City eligible for funding and technical assistance from State and federal hazard mitigation programs.
Following FEMA approval of the LHMP, the San Clemente City Council will formally adopt the LHMP. Copies of the resolution are provided in Appendix A, City of San Clemente Adoption Resolution.
The LHMP is organized into seven sections to reflect the logical progression of activities undertaken to develop a hazard mitigation strategy, and includes all relevant documentation required to meet the necessary criteria for FEMA approval. Each section is described briefly below.
Section 1.0: Introduction and Purpose describes the background and purpose of the LHMP, as well as the authority established for its development.
Section 2.0: Planning Process describes the LHMP planning process, as well as the meetings and outreach activities undertaken to engage City officials and staff, stakeholders, and members of the public.
Section 3.0: Community Profile provides the history, geography, demographics, and socioeconomics of the City of San Clemente, including land use and development trends. This 1888
Local Hazard Mitigation Plan
City of San Clemente, California
Section 1, Introduction and Purpose Page 1-3
section also evaluates social vulnerability through a variety of environmental justice indices and identifies applicability to the planning area.
Section 4.0: Hazards Assessment identifies and profiles the natural and human-caused hazards affecting the City, identifies the vulnerability and risk associated with each hazard, and provides a vulnerability assessment to critical facilities in relation to each of those hazards.
Section 5.0: Mitigation Strategy identifies the mitigation strategy and actions to reduce potential risks to the City’s critical facilities, residents, and business owners and assesses the City’s capabilities to implement and achieve the objectives of the mitigation actions.
Section 6.0: Plan Maintenance and Capabilities discusses implementation of the Plan, including the process to monitor, evaluate, update, and maintain the LHMP, and identifies opportunities for continued public involvement.
Section 7.0: References identifies the various resources utilized throughout the LHMP.
The City has adopted the following goals for reducing disaster risk:
1. Implement activities that assist in protecting lives by making homes, businesses, infrastructure, critical facilities, and other property more resistant to losses from natural and human caused hazards;
2. Reduce losses and repetitive damages from chronic hazard events while promoting insurance coverage for catastrophic hazards;
3. Improve hazards assessment information to make recommendations for discouraging new development in high hazard areas and encouraging preventative measures for existing development in areas vulnerable to natural hazards;
4. Develop and implement education and outreach programs to increase public awareness of the risks associated with natural hazards;
5. Provide information on tools; partnership opportunities, and funding resources to assist in implementing mitigation activities.
Due to the length of time between the previous iteration of the 2004 LHMP, the current LHMP incorporates changes and updates in hazard mitigation risk, vulnerability and priorities to reflect current trends and challenges. At the time of the previous 2004 LHMP writing, several master planned communities were in phased development and the City population grew by over 13,000 residents between the years 2000 and 2010. This period represented a significant change in land use, development and population patterns that ultimately changed risk and vulnerability to natural and human-caused hazards in the City of San Clemente.
Some components of the 2004 LHMP were retained in this update. The LHMP Planning Team felt that the overall hazard mitigation goals from the previous plan remained accurate for current planning purposes. These goals are listed above in the previous section. In addition, several hazards previously addressed and profiled are carried over into this update, including wildfire, landslide, and seismic hazards.
1889
Local Hazard Mitigation Plan
City of San Clemente, California
Section 1, Introduction and Purpose Page 1-4
Changes to the LHMP planning process were driven largely by the 2023 FEMA policy update.
This LHMP update relied on the input of a cross section of representatives who participated on the LHMP Planning Team, including representatives from internal City departments and external stakeholders (neighboring jurisdictions, nonprofits/NGOs, public safety agencies, and others).
This diverse representation on the LHMP Planning Team produced mitigation actions that consider a variety of perspectives across the planning area.
Similarly, the recent FEMA policy update requires additional consideration for socially vulnerable populations (SVPs) within the planning area. Organizations that represent and serve SVPs were included as part of the LHMP Planning Team (as discussed in Section 2.0) and hazard specific impacts are discussed in both Section 3.0 and Section 4.0. Mitigation actions targeted to reducing vulnerability and risk associated with SVPs are included in Section 5.0.
A significant change in this LHMP update includes consideration for human-caused hazards, including dam failure, civil unrest, pandemic, terrorism and cyberattacks. The previous plan included consideration for the active San Onofre Nuclear Generating Station (SONGS). In 2013, SONGS was decommissioned and therefore this LHMP update reflects changes in risk and vulnerability now that nuclear generation is not an active power generating station though waste remains in storage onsite at SONGS.
This LHMP update enhanced many hazard profiles, such as coastal erosion and landslide, where recent severe weather and heavy rains has increased vulnerability to critical facilities and private property and the City’s coastline.
Mitigation actions from the 2004 LHMP are discussed and reviewed in Section 5.0. Mitigation actions from the 2004 LHMP were identified as either completed or no longer relevant to the LHMP update. New mitigation actions are also highlighted in Section 5.0 and are generally organized by hazard type.
1890
Local Hazard Mitigation Plan
City of San Clemente, California
Section 2, Planning Process Page 2-1
This section describes each stage of the planning process used to develop the LHMP. This LHMP follows a prescribed series of planning steps which includes organizing resources, assessing risk, developing the mitigation strategy, drafting the plan, reviewing/revising the plan, and adopting and submitting the plan for approval. Each step is further described in this section.
Hazard mitigation planning in the United States is guided by statutory regulations described in the Disaster Mitigation Act of 2000 (DMA 2000) and implemented through Title 44 Code of Federal Regulations (CFR) Parts 201 and 206. FEMA hazard mitigation plan guidelines outline a fourstep planning process for the development and approval of hazard mitigation plans. Table 2-1, DMA 2000 CFR Crosswalk, lists the specific CFR excerpts that contain the requirements for approval, and identifies the applicable section of this LHMP.
Table 2-1
DMA 2000 CFR Crosswalk
DMA 2000 (44 CFR 201.6) 2024 LHMP Plan Section
(1) Organize Resources Section 2
201.6(c)(1) Organize to prepare the plan
201.6(b)(1) Involve the public
201.6(b)(2) and (3) Coordinate with other agencies
(2) Assess Risks Section 4
201.6(c)(2)(i) Assess the hazard
201.6(c)(2)(ii) and (iii) Assess the problem
(3) Develop the Mitigation Plan Section 5
201.6(c)(3)(i) Set goals
201.6(c)(3)(ii) Review possible activities (actions)
201.6(c)(3)(iii) Draft an action plan
(4) Plan Maintenance Section 6
201.6(c)(5) Adopt the plan
201.6(c)(4) Implement, evaluate, and revise
The first step in the planning process involved organization of resources, including identifying the LHMP Project Management Team, convening the LHMP Planning Team, and reviewing background materials and documents.
The LHMP Project Management Team was responsible for day-to-day coordination of the LHMP work program, including forming and assembling the LHMP Planning Team; scheduling meetings; preparing, reviewing, and disseminating meeting materials; coordinating, scheduling, and participating in community engagement activities and meetings; and coordinating document review. The LHMP Project Management Team was led by Adam Atamian, Director of the City of San Clemente’s Community Development Department.
1891
Local Hazard Mitigation Plan
City of San Clemente, California
Section 2, Planning Process Page 2-2
The LHMP Project Management Team worked with the LHMP Consultant Team throughout the development of the LHMP. The LHMP Consultant Team consisted of hazard mitigation/planning professionals from Michael Baker International. The LHMP Consultant Team provided guidance and support to the City through facilitation of the planning process, data collection, community engagement, and meeting materials and document development.
The LHMP Project Management Team worked with the LHMP Consultant Team to identify stakeholders to participate in the LHMP. Stakeholders included representatives from internal city departments, along with several external entities including neighboring jurisdictions, utilities, professional organizations, community-based organizations, schools/academia, and other nonprofits/NGOs.
The LHMP Project Management team carefully selected stakeholders to represent a cross section of relevant community lifelines. Community lifelines are defined by FEMA as a fundamental service in the community that, when stabilized, enable all other aspects of society. When disrupted, decisive intervention (e.g., rapid service re-establishment or employment of contingency response solutions) is required. Community lifelines are categorized as follows:
x Safety and Security: Law Enforcement/Security, Fire Service, Search and Rescue, Government Service, Community Safety.
x Food, Hydration, Shelter: Food, Hydration, Shelter, Agriculture. x Health and Medical: Medical Care, Public Health, Patient Movement, Medical Supply Chain, Fatality Management.
x Energy: Power Grid, Fuel.
x Communications: Infrastructure, Responder Communications, Alerts Warnings and Messages, Finance, 911 and Dispatch.
x Transportation: Highway/Roadway/Motor Vehicle, Mass Transit, Railway, Aviation, Maritime.
x Hazardous Materials: Facilities, HAZMAT, Pollutants, Contaminants. x Water Systems: Potable Water Infrastructure, Wastewater Management.
Stakeholders were notified via email, advising of the City’s efforts to prepare an updated LHMP and requesting their involvement in preparation of the Plan, including an invitation to attend the LHMP Planning Team meetings. The list of stakeholders included in this notification effort are summarized in Table 2-2, LHMP Planning Team and Community Lifelines below.
Table 2-2
LHMP Planning Team and Community Lifelines
Agency or Utility Name Community Lifeline
Local and Regional Agencies Involved in Hazard Mitigation Activities California State Parks Government Service
City of San Clemente Government Service
County of Orange/OCSD OEM Safety and Security; Government Service Marine Corps Base Camp Pendleton Safety and Security; Government Service Orange County Fire Authority Safety and Security; Government Service Orange County Toll Roads Transportation
1892
Local Hazard Mitigation Plan
City of San Clemente, California
Section 2, Planning Process Page 2-3
Agency or Utility Name Community Lifeline
Local and Regional Agencies Involved in Hazard Mitigation Activities Orange County Transportation Authority Transportation
Orange County Water District Food, Hydration, Shelter; Water Systems Santa Margarita Water District Food, Hydration, Shelter; Water Systems South Coast Water District Food, Hydration, Shelter; Water Systems Agencies with the Authority to Regulate Development
City of San Clemente Government Service
Agencies of Neighboring Communities
Rancho Mission Viejo
(unincorporated Orange County) Government Service
City of Dana Point Government Service
Representatives of Business, Academia, and other Private Organizations Hoag Medical Services Health and Medical
Representatives of Nonprofit Organizations/Community Based Organizations San Clemente Rotary Safety and Security; Food, Hydration, Shelter Age Well Safety and Security; Food, Hydration, Shelter
Family Assistance Ministries (FAM) Safety and Security; Food, Hydration, Shelter *Indicates an LHMP Planning Team member that provides services to socially vulnerable populations or other “high-risk” populations within the planning area. Refer to Section 3.8.2 for further discussion.
In addition to external stakeholders, the LHMP Planning Team included City of San Clemente staff members, representing a diverse cross-section of departments and responsibilities.
Members of the LHMP Planning Team represented the following City departments and divisions:
x City Manager
x Beaches, Parks & Recreation
x Public Works & Utilities
x Finance and Administrative Services
x Community Development
x Engineering Division
x Human Resources Division
x Maintenance Division
x Code Compliance Division
x Planning Division
The LHMP Planning Team worked together to ensure the success of the planning process and is responsible for its implementation and future maintenance. The committee’s key responsibilities included:
x Participation in LHMP Planning Team meetings
x Collection of valuable local information and other requested data x Decision on plan process and content
x Development and prioritization of mitigation actions for the LHMP x Review and comment on plan drafts
x Coordination and involvement in the public engagement process 1893
Local Hazard Mitigation Plan
City of San Clemente, California
Section 2, Planning Process Page 2-4
Table 2-3, LHMP Planning Team, identifies both LHMP Project Management Team and LHMP Planning Team members, along with their roles in plan development.
Table 2-3
LHMP Planning Team
Name Title/Role Organization LHMP Planning Team Role
LHMP Project Management Team
Adam Atamian
Community
Development
Director/Project
Manager
City of San Clemente
City Project Manager – Organization of LHMP
Planning Team and meetings, development of
and participation in community outreach,
hazard identification, capabilities assessment,
mitigation actions and prioritization, plan
coordination and review.
Andy Hall City Manager City of San Clemente
Project goals and objectives identification,
hazard identification and prioritization, critical
facilities review, risk assessment/ vulnerability
discussion, draft LHMP review/comment.
Dave
Rebensdorf
Public
Works/Utilities City of San Clemente
Project goals and objectives identification,
hazard identification and prioritization, critical
facilities review, risk assessment/ vulnerability
discussion, draft LHMP review/comment.
Brian Brower
Finance and
Administrative
Services
City of San Clemente
Project goals and objectives identification,
hazard identification and prioritization, critical
facilities review, risk assessment/ vulnerability
discussion, draft LHMP review/comment.
Leslea
Meyerhoff
Coastal
Administrator/
Summit
Environmental
City of San Clemente
Project goals and objectives identification,
hazard identification and prioritization, critical
facilities review, risk assessment/ vulnerability
discussion, draft LHMP review/comment.
Meredith Scott
Community
development
Coordinator
City of San Clemente Project goals and objectives identification, hazard identification and prioritization, critical
facilities review, risk assessment/ vulnerability
discussion, draft LHMP review/comment.
Rachel Perez Public Works
Administration City of San Clemente
Project goals and objectives identification,
hazard identification and prioritization, critical
facilities review, risk assessment/ vulnerability
discussion, draft LHMP review/comment.
LHMP Planning Team
Zak Ponsen Assistant City
Engineer City of San Clemente
Hazard identification and prioritization, critical
facilities review, risk assessment/ vulnerability
discussion, draft LHMP review/comment
Maile Stivers Public
Information City of San Clemente
Hazard identification and prioritization, critical
facilities review, risk assessment/ vulnerability
discussion, mitigation actions
Samantha
Wylie
Beaches, Parks,
and Recreation
Director
City of San Clemente
Hazard identification and prioritization, critical
facilities review, risk assessment/ vulnerability
discussion, draft LHMP review/comment
1894
Local Hazard Mitigation Plan
City of San Clemente, California
Section 2, Planning Process Page 2-5
Name Title/Role Organization LHMP Planning Team Role
Jake Rahn Finance
Department City of San Clemente
Hazard identification and prioritization, critical
facilities review, risk assessment/ vulnerability
discussion, mitigation actions
Elora Dutra Human
Resources City of San Clemente
Critical facilities review, risk assessment/
vulnerability discussion, draft LHMP
review/comment
Robert
Ferguson
Building and
Safety Division City of San Clemente
Hazard identification and prioritization, critical
facilities review, risk assessment/ vulnerability
discussion, mitigation actions, draft LHMP
review/comment
Jonathan
Lightfoot
Planning
Division City of San Clemente
Hazard identification and prioritization, critical
facilities review, risk assessment/ vulnerability
discussion, mitigation actions, draft LHMP
review/comment
Niki Beach Environmental
Programs City of San Clemente
Critical facilities review, risk assessment/
vulnerability discussion, mitigation actions, draft
LHMP review/comment
Dustin
Burnside
Utilities
Department City of San Clemente
Hazard identification and prioritization, critical
facilities review, risk assessment/ vulnerability
discussion, mitigation actions, draft LHMP
review/comment
Danielle
Sorahan
Code
Compliance
Division
City of San Clemente
Hazard identification and prioritization, critical
facilities review, risk assessment/ vulnerability
discussion, mitigation actions, draft LHMP
review/comment
Jake Ohana GIS, Public
Works City of San Clemente
Hazard identification and prioritization, critical
facilities review, risk assessment/ vulnerability
discussion, mitigation actions, draft LHMP
review/comment
Laura
Campagnolo City Clerk City of San Clemente
Hazard identification and prioritization, critical
facilities review, risk assessment/ vulnerability
discussion, draft LHMP review/comment
Amir
Ilkhanipour Principal civil
engineer City of San Clemente
Hazard identification and prioritization, critical
facilities review, risk assessment/ vulnerability
discussion, draft LHMP review/comment
Mark Iverson Superintendent
for Water
Operations
City of San Clemente
Hazard identification and prioritization, critical
facilities review, risk assessment/ vulnerability
discussion
Jim Biel OCTA Capital Programs Manager
Hazard identification and prioritization, critical
facilities review, risk assessment/ vulnerability
discussion
Scott Kibbey Superintendent California State Parks, Orange Coast District
Hazard identification and prioritization, critical
facilities review, risk assessment/ vulnerability
discussion
Jammal
Osamah
Resiliency
Manager
Marine Corps Base Camp
Pendleton
Critical facilities review, risk assessment/
vulnerability discussion, mitigation actions
James
Christian Captain Orange County Sheriff Department
Hazard identification and prioritization, critical
facilities review, risk assessment/ vulnerability
discussion
1895
Local Hazard Mitigation Plan
City of San Clemente, California
Section 2, Planning Process Page 2-6
Name Title/Role Organization LHMP Planning Team Role
Cheyne Maule Division Chief Orange County Fire Authority Critical facilities review, risk assessment/ vulnerability discussion, mitigation actions
Kyle Gough Transmission
Main Manager South Coast Water District
Hazard identification and prioritization, critical
facilities review, risk assessment/ vulnerability
discussion
Eric Smith Governmental
Liaison Santa Margarita Water
Hazard identification and prioritization, critical
facilities review, risk assessment/ vulnerability
discussion
Chris Lopez Safety Officer Santa Margarita Water
Hazard identification and prioritization, critical
facilities review, risk assessment/ vulnerability
discussion
Steve Fritzsch OEM/Emergenc
y Manager City Dana Point
Hazard identification and prioritization, critical
facilities review, risk assessment/ vulnerability
discussion
Beth Apodaca Director Age Well
Hazard identification and prioritization, critical
facilities review, risk assessment/ vulnerability
discussion, mitigation actions
Ana Conti CEO Family Assistance Ministries (FAM)
Hazard identification and prioritization, critical
facilities review, risk assessment/ vulnerability
discussion
Laura Bard Co-President San Clemente Rotary
Hazard identification and prioritization, critical
facilities review, risk assessment/ vulnerability
discussion
Tom Millington
Environmental
Compliance
Director
Rancho Mission Viejo
Hazard identification and prioritization, critical
facilities review, risk assessment/ vulnerability
discussion
Roxanna
Bryant
Senior Principal,
Regulatory
Compliance
Hoag Medical Services
Hazard identification and prioritization, critical
facilities review, risk assessment/ vulnerability
discussion
Shawn Ryan City Planner City of San Clemente Risk assessment/ vulnerability discussion, mitigation actions, draft LHMP review/comment
Hanne
Throdahl
Human
Resources
Manager
City of San Clemente Critical facilities review, risk assessment/ vulnerability discussion, mitigation actions
A series of LHMP Planning Team meetings and smaller focus group meetings were hosted during the LHMP update process. The LHMP Planning Team Meeting #1 was hosted during July 2024 to introduce the LHMP, outline the planning process, and discuss priority natural hazards for the plan. Stakeholders on the LHMP Planning Team were then invited to participate in focus group meetings, hosted during October 2024. Focus groups were either held with a single stakeholder or a group of stakeholders with similar responsibilities or interests. The meeting series was concluded with the LHMP Planning Team Meeting #2, hosted on November 5, 2024. The purpose of the conclusion meeting was to present vulnerability/risk assessment findings and present mitigation actions. The meeting series is summarized below in Table 2-4, LHMP Planning Team and Focus Group Meeting Summary.
1896
Local Hazard Mitigation Plan
City of San Clemente, California
Section 2, Planning Process Page 2-7
Meetings were held both in-person and virtually via Microsoft Teams, to accommodate stakeholders near the City, distributed throughout the region, and remote staff serving on the LHMP Consultant team. Meeting materials, including PowerPoint presentations, sign-in sheets, agendas, notes, and other relevant handouts, are provided in Appendix B, LHMP Planning Team Documentation.
Table 2-4
LHMP Planning Team and Focus Group Meeting Summary
Date/Time Meeting Attendees Discussion Items
July 3, 2024
11:30 AM – 12:30
PM
LHMP Kickoff
Meeting LHMP Planning Team (all)
x Project Background
x Purpose & Requirements of the
LHMP
x Project Goals, Objectives and
Expectations
x Hazard Identification and
Prioritization
July 29, 2024
10:30 AM – 11:00
AM
LHMP
Planning Team
Meeting #1
LHMP Planning Team (all)
x Critical Facilities Review
x Risk/Vulnerability Discussion
x Mitigation Action Discussion
October 7, 2024
1:30 PM – 2:00 PM
Focus Group
Meeting #1
Adam Atamian – City of San Clemente
Meredith Scott – City of San Clemente
Leslea Meyerhoff – City of San Clemente
Robert Ferguson – City of San Clemente
Jonathan Lightfoot – City of San Clemente
Danielle Sorahan – City of San Clemente
x Critical Facilities Review
x Risk/Vulnerability Discussion
x Mitigation Action Discussion
October 7, 2024
2:00 PM – 2:30 PM
Focus Group
Meeting #2
Adam Atamian – City of San Clemente
Meredith Scott – City of San Clemente
Rachel Perez – City of San Clemente
Niki Beach – City of San Clemente
Dustin Burnside – City of San Clemente
Jake Ohana – City of San Clemente
Shawn Ryan – City of San Clemente
x Critical Facilities Review
x Risk/Vulnerability Discussion
x Mitigation Action Discussion
October 7, 2024
3:00 PM – 3:30 PM
Focus Group
Meeting #3
Adam Atamian – City of San Clemente
Meredith Scott – City of San Clemente
Andy Hall – City of San Clemente
Brian Brower– City of San Clemente
Maile Stivers – City of San Clemente
Jake Rahn – City of San Clemente
Hanne Throdahl – City of San Clemente
Elora Dutra – City of San Clemente
x Critical Facilities Review
x Risk/Vulnerability Discussion
x Mitigation Action Discussion
October 14, 2024
1:00 PM – 2:00 PM
Focus Group
Meeting #4
Adam Atamian – City of San Clemente
Meredith Scott – City of San Clemente
Laura Bard – San Clemente Rotary
Roxanna Bryant – Hoag Medical Group
x Critical Facilities Review
x Risk/Vulnerability Discussion
x Mitigation Action Discussion
November 5, 2024
11:00 AM – 12:30
PM
LHMP
Planning Team
Meeting #2
LHMP Planning Team (all) x Draft Plan Review
x Mitigation Action Finalization
1897
Local Hazard Mitigation Plan
City of San Clemente, California
Section 2, Planning Process Page 2-8
The draft LHMP was electronically circulated to the LHMP Planning Team on November 1, 2024, for an internal, two-week review period concluding on November 12, 2024. At the conclusion of the internal two-week review period, minor comments, edits, and points of clarification were requested in the LHMP. Documentation of this process is included in Appendix B, LHMP Planning Team Documentation.
A public outreach and engagement strategy was developed to maximize public involvement in the LHMP planning process. The LHMP public outreach strategy included a dedicated webpage, community survey, a community outreach event and public review draft distribution, as described below; refer to Appendix B, LHMP Planning Team Documentation. The LHMP public outreach process was specifically designed to maximize participation and input from all community members, including underserved groups and vulnerable populations.
Webpage
A dedicated webpage was developed on the City’s website for the LHMP planning process. The webpage provided information on the LHMP, and how the public can get involved in the planning process. Contact information was included for comments or questions via email. A link to complete the community survey was posted to encourage participation. The website was updated throughout the planning process and provided notifications and access to LHMP materials. The draft LHMP was also made available for public review on this webpage, available here:
https://www.san-clemente.org/government/city-departments/public-works/emergency-planning.
Virtual outreach on the City’s website posted for the entirety of the LHMP development process allowed for maximum audience reach, including underserved and vulnerable populations.
Traditionally, virtual outreach has the ability to reach community members who may be unable to attend in-person meetings or hearings. Individuals can access all information at their own convenience and have the ability to communicate directly with City staff regarding questions or comments.
Community Survey
A community survey was developed to obtain input from the community about various hazard mitigation topics. In addition to basic demographic information (e.g., zip code and age), the survey asked residents to identify specific safety concerns, including identifying what hazards they felt were most likely to impact their neighborhood or property. Participants were also asked what actions they had taken to be more resistant to hazards, and preferences for future communication methods from the City. A survey link was posted on the LHMP webpage and a QR code was distributed on a printed handout at the Rhythm and Resin Festival, San Clemente Coffee Chats, San Clemente Farmers’ Market outreach events (below). Members of the LHMP Planning Team also distributed the survey link to colleagues and constituents within their jurisdiction.
The survey was opened on August 1, 2024, and closed on October 18, 2024. A total of 30 responses were received. Of the 30 participants, approximately 43 percent provided contact information and requested notification when the draft LHMP becomes available for public review.
Input received was generally similar with feedback from the Rhythm and Resin, San Clemente Coffee Chats, and the San Clemente Farmers Market pop-up event, as outlined below. Survey input directly influenced the final hazard rankings, provided in Section 4.0, Hazard Assessment. 1898
Local Hazard Mitigation Plan
City of San Clemente, California
Section 2, Planning Process Page 2-9
Further details received allow the City to better target future outreach and engagement activities regarding the LHMP. The survey specifically provides outreach with underserved and vulnerable populations who may not have the capacity or ability to attend in-person outreach events or hearings. A detailed community outreach summary is included in Appendix B, LHMP Planning Team Documentation.
Pop-Up Community Outreach
The City of San Clemente hosted three interactive
pop-up booths focused on LHMP outreach and
content from August to September. The first event,
the Rhythm and Resin Festival, was held on
September 7, 2024 from 12:00 PM to 4:00 PM. The
second event was hosted at the San Clemente
Senior Center’s Coffee Chat on Friday, August 30
from 8:00 AM to 9:30 AM. The last event was the
San Clemente weekly Farmers’ Market held on
Sunday, October 6, 2024 from 9:00 AM to 1:00 PM.
The intent of these outreach events was to use the
“Whole Community” approach and meet
stakeholders/constituents at a convenient location
during a regularly scheduled and free event.
The LHMP Consultant, Michael Baker International,
and Meredith Scott, Community Development
Coordinator, set up several informational boards
regarding the LHMP update process and
information about key community lifelines.
Participants were given sheets of five dot stickers to
place on the list of San Clemente hazards indicating which of the hazards were a top concern or priority. Results from these outreach events, along with the board illustrations are documented in Appendix B, LHMP Planning Team Documentation. Feedback was generally consistent with the results from the community survey exercise, with top hazard of concern remaining the same amongst all pop-up events. City staff was available to answer questions from the public regarding hazard mitigation and resilience related to the City. Approximately 30-50 participants took part in the natural hazard ranking activity during each of the three pop-up events.
In addition to the activities and informational boards, staff passed out an informational postcard describing the LHMP Update process containing the Community Survey QR Code to provide them the opportunity to give additional input. An illustration of this handout is included below as Figure 2-1, Postcard Handout from San Clemente Outreach Events and photos from the event are included as Figure 2-2, Pictures from the Rhythm and Resin Festival Pop-Up Event, Figure 2-3, Pictures from the Senior Center Coffee Chats Pop-Up Event, and Figure 2-4, Pictures from the Farmers’ Market Pop-Up Event.
Definitions:
Whole Community: engaging the full
capacity of private and nonprofit sectors,
including businesses, faith-based and
disability organizations, and the general
public, in conjunction with the
participation of local, tribal, state and
Federal governmental partners (FEMA)
Social Vulnerability: characteristics of a
person or group that affect their capacity
to anticipate, cope with, resist, and
recover from the impact of a discrete
and identifiable disaster in nature or
society.
1899
Local Hazard Mitigation Plan
City of San Clemente, California
Section 2, Planning Process Page 2-10
Figure 2-1
Postcard Handout from San Clemente Outreach Events
Figure 2-2
Pictures from the Rhythm and Resin Festival Pop-Event
1900
Local Hazard Mitigation Plan
City of San Clemente, California
Section 2, Planning Process Page 2-11
Figure 2-3
Pictures from the Senior Center Coffee Chat Pop-Event
LHMP Outreach
San Clemente Senior Center
Coffee Chat
August 30, 2024
1901
Local Hazard Mitigation Plan
City of San Clemente, California
Section 2, Planning Process Page 2-12
Exhibit 2-4
Pictures from the San Clemente Farmers Market
PUBLIC REVIEW DRAFT LHMP
A draft of the LHMP was made available on the LHMP webpage for the public to review and comment for a two-week period beginning November 15, 2024 and ending on December 2, 2024. Notification of the draft LHMP availability for review and comment was distributed via the City’s website and email listservs. The LHMP received no comments on the draft LHMP.
Documentation of this process is included in Appendix B, LHMP Planning Team Documentation.
The LHMP Planning Team referenced a variety of plans, studies, data, and technical reports available from local, State, and federal sources to prepare the LHMP update. Primary sources were reviewed and incorporated as part of the LHMP planning process, and are listed in Table 2- 5, Existing Plans, Studies, Reports, and Other Technical Data/Information. A complete list of references is included in Section 7.0, References.
Table 2-5
Existing Plans, Studies, Reports, and Other Technical Data/Information Existing Plans, Studies, Reports, Planning Process /
Area of Document Inclusion
2014 City of San Clemente Centennial General Plan Multiple Plan Elements Palisades Dam Emergency Action Plan Hazard Profiles
2019 San Clemente Emergency Action Plan Hazard Profiles 2004 City of San Clemente Natural Hazard Mitigation
Plan Multiple Plan Sections; Hazard Profiles
2018 Certified Local Coastal Program (LCP) Land Use
Plan (LUP) Hazard Profiles / Mitigation Strategies
1902
Local Hazard Mitigation Plan
City of San Clemente, California
Section 2, Planning Process Page 2-13
Existing Plans, Studies, Reports, Planning Process /
Area of Document Inclusion
2018 San Clemente Tsunami Playbook Hazard Profiles
2018 Orange County Tsunami Annex Hazard Profiles
2014 San Clemente Climate Action Plan Hazard Profiles
2019 San Clemente Sea Level Rise Vulnerability
Assessment Hazard Profiles
2020 San Clemente Urban Water Management Plan Hazard Profiles 2019 San Clemente Tsunami Communication Drill Hazard Profiles 2020 San Clemente Water Shortage Contingency Plan Hazard Profiles 2021 San Clemente Capital Improvement Plan Multiple Plan Sections; Mitigation Strategy 2021 San Clemente Coastal Resiliency Plan Hazard Profiles 2023 San Clemente Erosion Hot Spots Report Hazard Profiles 2023 San Clemente Nature-Based Coastal Resiliency
Project Feasibility Study Hazard Profiles
2024 San Clemente Quarterly Fire Service Report Hazard Profiles San Clemente Nuclear Emergency Transportation
Access Points Document Hazard Profiles
2019 San Clemente Jurisdictional Runoff Management
Program Hazard Profiles
2021 San Clemente Safety Element Update Multiple Plan Sections In accordance with FEMA requirements, the LHMP Planning Team identified and prioritized the hazards affecting the City and assessed vulnerability from those hazards. Results from this phase of the LHMP planning process aided subsequent identification of appropriate mitigation actions to reduce risk from these hazards; refer to Section 5.0, Mitigation Strategy.
Based on a review of past hazards, as well as a review of existing plans, reports, and other technical studies, data, and information, the LHMP Planning Team determined which specific hazards could affect the City. Content for each hazard profile is provided in Section 4.0, Hazard Assessment.
Hazard profiling exposes the unique characteristics of individual hazards and begins the process of determining which areas within the City are vulnerable to specific hazards. The vulnerability assessment included input from the LHMP Planning Team and a GIS overlaying method to map hazard risk assessments. Using these methodologies, critical facilities impacted by hazards were identified and potential loss estimates were determined, where available. Detailed information on the vulnerability assessments for each hazard is provided in Section 4.0, Hazard Assessment. 1903
Local Hazard Mitigation Plan
City of San Clemente, California
Section 2, Planning Process Page 2-14
The LHMP Planning Team reviewed mitigation goals from the previous 2004 LHMP and made minor editorial edits for clarification. Hazard mitigation goals were discussed during Meeting #1, before finalization and incorporation into the LHMP. The Mitigation Goals are included in Section
1.0, Introduction.
A capabilities assessment is a comprehensive review of all mitigation capabilities and tools currently available to the City for mitigation action implementation, prescribed in the LHMP. The LHMP Planning Team identified the planning and regulatory; administrative and technical; financial; and education and outreach capabilities to implement mitigation actions, as detailed in Section 5.0, Mitigation Strategy.
As part of the LHMP planning process, the LHMP Planning Team worked to identify and develop mitigation actions, after which mitigation actions were prioritized as high, medium, or low. A detailed discussion of the identification and prioritization of mitigation actions, and the creation of the implementation strategy is provided in Section 5.0, Mitigation Strategy.
This plan will be submitted to Cal OES and FEMA for review. Upon receiving “approvable pending adoption” notification from FEMA, this plan will be presented to the City for consideration and approval by the San Clemente City Council. If approved, a copy of the resolution will be provided in Appendix A, City of San Clemente LHMP Adoption Resolution.
Plan maintenance procedures, found in Section 6.0, Plan Maintenance and Capabilities, include the measures the City will take to ensure the LHMP’s continuous long-term implementation. The procedures also include the manner in which the LHMP will be regularly monitored, reported upon, evaluated, and updated to remain a current and meaningful planning document. 1904
Local Hazard Mitigation Plan
City of San Clemente, California
Section 3, Community Profile Page 3-1
The City of San Clemente, also known as the “Spanish Village by the Sea,” is the southernmost city in Orange County and home to 64,232 residents1
. The City covers a land area of 18.45 square
miles and is bordered by the Pacific Ocean to the southwest, Camp Pendleton to the south, the City of Dana Point to the northwest, and the unincorporated County of Orange and Cleveland National Forest to the northeast.2 The topography of San Clemente includes beaches and coastal plains, rolling hills, and steep canyons and bluffs. Its coastline features notable beaches such as the main beach, San Clemente Pier Beach, which surrounds its namesake, and San Clemente State Beach, known for its geological formations and surf conditions.3 In the more inland regions of the City, the terrain transitions into hills and valleys, part of the Peninsular Ranges mountain range group.4
The City of San Clemente experiences a Mediterranean climate characterized by mild winters and warm, dry summers. Average annual temperatures range from 50°F in the winter to 79°F in the summer. Precipitation averages around 12-14 inches annually, with most rainfall occurring between November and March.5
Prior to settlement in the area now known as San Clemente, the Acjachemen (also known as Juañeno) people were the Indigenous people of San Clemente. One of the largest Acjachemen villages, Panhe, was located approximately three miles south of the modern-day City of San Clemente and existed over 8,000 years ago.6 Additionally, the Luiseño indigenous people are also known to be native to the area.7
The first known European contact with the region was in 1602 when Spanish explorer Sebastián Vizcaíno sailed along the California coast and named a nearby island “San Clemente” after Saint Clement of Rome.8 Settlement in the area came in 1776, when Father Junipero Serra established Mission San Juan Capistrano in what is now the City of San Clemente. Following the establishment of the Mission, Native Americans and Spanish settlers established villages nearby.
In 1925, Ole Hanson, a former mayor of Seattle, envisioned a red-roofed Spanish village by the sea. He purchased 2,000 acres and designed the community he named San Clemente, which 1 US Census Bureau, 2022: American Community Survey 5-Year Estimates, DP05 Demographic and Housing Estimates. Accessed November 5, 2024.
2 City of San Clemente, Information About San Clemente, https://www.san-clemente.org/about-us/city-information/about-sanclemente, accessed September 30, 2024. 3 California State Parks, San Clemente State Beach, https://www.parks.ca.gov/?page_id=646, accessed September 30, 2024. 4 USGS, Landscapes from the Waves – Marine Terraces of California, https://pubs.usgs.gov/fs/2018/3002/fs20183002.pdf, accessed September 30, 2024.
5 City of San Clemente, Information About San Clemente, https://www.san-clemente.org/about-us/city-information/about-sanclemente, accessed September 30, 2024. 6 California State Parks, San Onofre State Beach, https://www.parks.ca.gov/?page_id=647, accessed September 30, 2024. 7 ACHP, San Clemente, California, https://www.achp.gov/preserve-america/community/san-clementecalifornia#:~:text=San%20Clemente%2C%20California%2C%20(population,original%20%E2%80%9COle%20Hanson%E2%80%9 D%20structures., accessed September 30, 2024.
8 San Clemente Historical Society, History of San Clemente, https://www.sanclementehistoricalsociety.org/timeline, accessed October 1, 2024.
1905
Local Hazard Mitigation Plan
City of San Clemente, California
Section 3, Community Profile Page 3-2
was incorporated in 1928. Hanson’s vision included schools, parks, a city hall, pier, public beaches, a church, and other public amenities, all designed with a Spanish theme. Construction in the City began quickly on the first 2,000 acres between El Camino Real and the Pacific Ocean, with the average lot selling for approximately $300. By 1928, the City’s population had already reached 1,200 residents.9
During the Great Depression in the 1930s, however, development and growth in San Clemente came to a near halt. Following many foreclosures, the bank (Bank of America) owned most of the City. The bank eliminated the previous Spanish-style architecture requirement and allowed the development of the first non-Spanish architecture in town. The post-World War II era led to rapid growth and the loss of many original “Ole Hanson” structures. A historic preservation ordinance has since been established, which has helped to protect what remains.
The City of San Clemente formed a partnership with the Casa Romantica Cultural Center and Gardens to restore and develop historic Casa Romantica, Ole Hanson’s home, into a cultural center. Casa Romantica, which had been closed to the public and was in danger of being demolished, is now operated by a non-profit organization that provides multi-cultural programs to the public.10
In 1969, President Richard Nixon purchased a Spanish mansion in the southern part of town called La Casa Pacifica, famously known as the “Western White House”. The Western White House served as a key location for both personal retreats and official business for the former president.11 After his resignation from the presidency in 1974, Nixon lived in his San Clemente residence for six more years before relocating to New York City.12 Development in the modern era has included the establishment of two new master-planned communities: Talega and Sea Summit. Talega is a large master-planned community located in the hills of San Clemente, spanning over 3,500 acres and including approximately 3,500 homes.13 It was developed in the early 2000s and includes a mix of residential, commercial, and recreational spaces. Sea Summit is a newer master-planned community located along the coast of San Clemente.14 It was developed in the mid-2010s, spans over 240 acres, and includes 309 homes.
Modern infrastructure projects have also been initiated to support growing electrical needs, including the Pico Substation Project and transmission line upgrades by the California Public Utilities Commission (CPUC).15,16
9 San Clemente Historical Society, History, https://www.sanclementehistoricalsociety.org/history/, accessed October 1, 2024. 10 ACHP, San Clemente, California, https://www.achp.gov/preserve-america/community/san-clementecalifornia#:~:text=San%20Clemente%2C%20California%2C%20(population,original%20%E2%80%9COle%20Hanson%E2%80%9 D%20structures., accessed September 30, 2024.
11 Richard Nixon Foundation, Memories Of President Nixon’s Western White House, https://www.nixonfoundation.org/2013/09/memories-president-nixons-western-white-house/, accessed October 1, 2024. 12 Richard Nixon Foundation, Visit the Nixon Library, https://www.nixonfoundation.org/visit-nixon-library/, accessed October 1, 2024. 13 CEQA, Talega Specific Plan, https://ceqanet.opr.ca.gov/1999031048/4, accessed October 1, 2024. 14 CPUC, Notice to Proceed Request No. 7,
https://ia.cpuc.ca.gov/environment/info/ene/socre/attachment/SOCRE_20210204_NTP-7%20Final.pdf, accessed October 1, 2024. 15 CPUC, Pico Substation Project, https://ia.cpuc.ca.gov/environment/info/pico.htm, accessed October 1, 2024. 16 CPUC, Notice to Proceed Request No. 7,
https://ia.cpuc.ca.gov/environment/info/ene/socre/attachment/SOCRE_20210204_NTP-7%20Final.pdf, accessed October 1, 2024. 1906
Local Hazard Mitigation Plan
City of San Clemente, California
Section 3, Community Profile Page 3-3
Population, education, employment, and housing data for San Clemente is described in the following sections.
Table 3-1, City of San Clemente and State of California Population and Housing Data (2023), provides and overview of City and state demographics.
Table 3-1
City of San Clemente and State of California Population and Housing Data (2023) Category Description City of San Clemente State of California Total population 64,232 38,965,193
Percent of Residents that are children (under 18 years) 21.8% 21.7% Percent of Residents that are senior citizens (65 and over) 19.5% 16.2% Median Age (years) 44.2 37.9
Median Household Income $134,730 $91,551
Median House Value (Owner-occupied housing units) $1,161,000 $659,300 Occupied Housing Units 23,646 14,627,041
Percent of Renter-Occupied Housing Units 35.1% 44.2%
Percent of Owner-Occupied Housing Units 64.9% 55.8%
Average Household Size 2.7 2.94
Source: US Census Bureau, 2022: American Community Survey 5-Year Estimates, DP05 Demographic and Housing Estimates.
US Census Bureau, 2022: American Community Survey 5-Year Estimates, DP04 Selected Housing Characteristics.
US Census Bureau, 2022: American Community Survey 5-Year Estimates, S0101 Age and Sex US Census Bureau, 2022: American Community Survey 5-Year Estimates, S1101 Households and Families US Census Bureau, 2022: American Community Survey 5-Year Estimates, S2503 Financial Characteristics The City of San Clemente has an estimated population of 64,232 according to 2022 American Community Survey (ACS) 5-year estimates. San Clemente residents 65 and older make up 19.5 percent of the City’s population, while residents under the age of 18 account for only 21.8 percent of the population. The remaining 58.7 percent of the population is between the ages of 18 and 65, with a median age of 37.9 years. The median age of City residents is 44.2 years of age.
Comparatively, State of California age demographics are composed of 16.2 percent of residents 65 and over, with 21.7 percent of residents under the age of 18. Overall, these metrics show that San Clemente has an older population when compared to the State of California.
The City has a higher median household income and median house value compared to the State of California. The median household income in San Clemente is $134,730, which is approximately 32 percent higher than that of the state at $91,551. Similarly, the median home value in the City is roughly 43 percent higher than that of the state. The City has an average household size of 2.7 persons per household, and the average household size across the state is 2.94 persons per household. The percentages of owner-occupied and renter-occupied housing units between the City and the state are as follows: the state’s percent of renter-occupied housing units stands at
44.2 percent and owner-occupied housing units at 55.8 percent compared to San Clemente’s renter -occupied housing units at 35.1 percent and owner-occupied housing units at 64.9 percent. 1907
Local Hazard Mitigation Plan
City of San Clemente, California
Section 3, Community Profile Page 3-4
Table 3-2, City of San Clemente and State of California Racial and Ethnic Composition (2023), provides an overview of the City and state’s racial and ethnic demographics.
Table 3-2
City of San Clemente and State of California Racial and Ethnic Composition (2023) Race or Ethnicity City of San Clemente State of California Population Percentage Population Percentage
Hispanic or Latino (of any race)* 10,964 17.1% 15,732,184 40.3% White 56,668 77.1% 22,088,290 56.6%
Black or African American 1,735 1.6% 2,829,724 7.3%
American Indian and Alaska Native 1,528 0.3% 1,252,083 3.2% Asian 4,824 4.8% 7,067,135 18.1%
Native Hawaiian and other Pacific Islander 324 0.1% 337,475 0.9% Some Other Race alone 7,355 4.3% 13,401,642 34.3%
Total Population 64,232 100% 39,029,342 100%
Source: US Census Bureau, 2022: American Community Survey 5-Year Estimates, DP05 Demographic and Housing Estimates. * Note: The “Hispanic or Latino (of any race) category encompasses a wide range of racial backgrounds. People who identify with this ethnic category may be of any race, including White, Black, Indigenous, Asian, or other backgrounds of Middle Eastern descent. For this reason, the sum of the race or ethnicity percentages may exceed 100%.
The largest ethnic group in San Clemente is the White population, accounting for 77.1 percent of the City’s total population. The City’s remaining ethnic makeup consists of Hispanic or Latino at
17.1 percent, American Indian and Alaska Native at 0.3% percent, Asian at 4.8 percent, Black or African American at 1.6 percent, and Native Hawaiian and other Pacific Islander at 0.1 percent with a total estimate of 324 individuals. Persons identifying as some other race account for 4.3 percent of the population, while those identifying as two or more races make up 11.7 percent of the population.
The racial/ethnic makeup of the State of California consist of White at 56.6 percent, Hispanic or Latino at 40.3 percent, Asian at 18.1 percent, Black or African American at 7.3 percent, American Indian and Alaska Native at 3.2 percent, and Native Hawaiian and other Pacific Islander at 0.9 percent. Persons identifying as some other race alone account for 34.3 percent of the population, while those identifying with two or more races making up 4.3 percent of the population.
The population of San Clemente has significantly less racial/ethnic diversity compared to that of the State of California. The City has a racially and ethnically concentrated population, with racial ethnic groups outside of the White population composing very little of the City’s population.
Educational attainment is analyzed based on the population of individuals aged 25 and over.
Refer to Table 3-3, City of San Clemente and State of California (2023). 1908
Local Hazard Mitigation Plan
City of San Clemente, California
Section 3, Community Profile Page 3-5
Table 3-3
City of San Clemente and State of California Educational Attainment (2023) Educational Attainment (Age 25 and Over) City of San Clemente State of California Population Percentage Population Percentage
Less than 9th Grade 1,483 3.2% 2,376,805 8.8%
9th to 12th Grade, no diploma 1,153 2.5% 1,738,878 6.5% High School Graduate 6,074 13.3% 5,506,855 20.5%
Some College, No Degree 9,713 21.2% 5,192,854 19.3%
Associate degree 4,474 9.8% 2,115,440 7.9%
Bachelor’s Degree 13,800 30.1% 6,056,169 22.5%
Graduate or Professional Degree 9,111 19.9% 3,879,772 14.4% Total 45,808 100% 26,866,773 100%
Source: US Census Bureau, 2022: American Community Survey 5-Year Estimates, S1501 Educational Attainment.
Of San Clemente’s population aged 25 years and older, 19.9 percent attained a graduate or professional degree, 30.1 percent attained a bachelor’s degree, and 9.8 percent attained an associate degree. About 59.8 percent of the City’s population has completed a higher education degree. In comparison, the State of California’s higher education degree attainment is as follows:
14.4 percent attained a graduate or professional degree, 22.5 percent attained a bachelor’s degree, and 7.9 percent attained an associate degree for a total of 44.8 percent. Therefore, the City of San Clemente has a slightly higher average level of educational attainment than that of the state. Approximately 5.7 percent of adults in San Clemente have not completed high school, compared to approximately 15.3 percent of adults in the State.
According to 2022 ACS 5-year estimates, there are 52,191 residents over 16 years of age in San Clemente and 32,923 residents in the labor force.17 Out of the 32,923 people in the labor force, 30,951 were employed (59.3 percent) and 1,715 were unemployed (3.3 percent). The educational services and healthcare/social services industry employed the largest number of City residents (18.3 percent); followed by professional, scientific, and management, and administrative management services (17.4 percent); retail trade (10.2 percent); manufacturing (10.1 percent); finance and insurance, and real estate/rental/leasing (10.0 percent); arts, entertainment, and recreation and accommodation and food services (9.6 percent); construction (6.4 percent); other services except for public administration (4.5 percent); public administration (4.1 percent); wholesale trade (4.1 percent); transportation, warehousing and utilities (2.9 percent); information (2.0 percent); and agriculture, forestry, fishing and hunting, and mining (0.5%).
The median household income in the City was $134,730. While 19.3 percent of employees work from home, a majority of residents commute for work with 72.7 percent of residents driving alone.
The average travel time to work for local residents is 28.8 minutes.18 17 United States Census Bureau, American Community Survey 5-Year Estimates, DP03 Selected Economic Characteristics, 2022, https://data.census.gov/table/ACSDP5Y2022.DP03, updated 2023, accessed May 8, 2024. 18 Ibid.
1909
Local Hazard Mitigation Plan
City of San Clemente, California
Section 3, Community Profile Page 3-6
According to 2022 ACS 5-year estimates, there are 26,576 housing units in San Clemente.19 Of the total housing units, approximately 23,646 percent are occupied. There are a total of 23,646 households in the City, with an average household size of 2.7 persons per household.20 The most common household size is the 2-person household representing 9,299 housing units (39.3 percent), followed by 4-or-more households at 6,038 units (25.5 percent), 1-person households at 4,812 units (20.4 percent), and 3-person households at 3,497 units (14.8 percent).21 Single family households make up the majority of housing units, accounting for 71.2 percent of the housing stock in San Clemente. 60.8 percent of family households are classified as “married couple families”, and 28.8 percent of the City’s total housing units are nonfamily households.22 The housing vacancy rate in San Clemente is approximately 11.02 percent in 2023.23 Housing growth within San Clemente is discussed in Section 3.5, Development Trends and Future Development, below.
The 2014 City of San Clemente Centennial General Plan (amended in December 2016) is the principal policy document regulating land use in the City. Table 3-4, City of San Clemente Centennial General Plan Land Use Designations, identifies the type and distribution of land uses in the City below. Additionally, land use in the coastal zone (area generally between the Pacific Ocean and the I-5 freeway) is governed by the City’s Certified 2018 Local Coastal Program (LCP) Land Use Plan (LUP). The 2018 LCP LUP is intended to implement the requirements of the California Coastal Act and is approved and certified by the California Coastal Commission (CCC).
The LCP LUP serves as an additional level of land use control and regulatory approval to ensure development does not yield adverse impacts on the City’s coastline. It is noted that the plan is not technically complete in its entirety, as the implementation plan is in progress. This plan is available on the City’s website under the “Coastal Planning” tab. 19 US Census Bureau, American Community Survey 5-Year Estimates Data Profiles, Table DP04 Selected Housing Characteristics, 2022, https://data.census.gov/table/ACSDP5Y2022.DP04?g=050XX00US53009, published 2022, accessed May 8, 2024. 20 US Census Bureau, American Community Survey 5-Year Estimates Data Profiles, Table S1101, Household and Families, 2022, https://data.census.gov/table/ACSST5Y2022.S1101?q=HOUSEHOLD&g=050XX00US53009, published 2023, accessed May 8, 2024.
21 US Census Bureau, American Community Survey 5-Year Estimates Date Profiles, Table S2501, Occupancy Characteristics, 2022, https://data.census.gov/table/ACSST5Y2022.S2501?g=040XX00US53_050XX00US53009, updated 2023, accessed May 13, 2024.
22 Ibid
23 US Census Bureau, American Community Survey 5-Year Estimates Data Profiles, Table DP04 Selected Housing Characteristics, 2022,
1910
Local Hazard Mitigation Plan
City of San Clemente, California
Section 3, Community Profile Page 3-7
Table 3-4
City of San Clemente Centennial General Plan Land Use Designations General Land Use Designation Maximum Density/Intensity (FAR) Intention Residential
Residential Very Low (RVL) 1 unit per 20 gross acres or per parcel, whichever is smaller
Single-family detached homes,
typically in an estate setting
Residential Low (RL) 4.5 units per gross acre; 7.0 units per net acre Single-family detached homes
Residential Medium Low (RML) 7.0 units per gross acre; 10.0 units per net acre
Single-family detached and attached
homes, including clustered homes
and townhomes
Residential Medium (RM) 15.0 units per gross acre; 24.0 units per net acre
Single-family detached and attached
homes, including clustered homes
and townhomes, and multifamily
apartments
Residential High (RH) 24.0 units per gross acre; 36.0 units per net acre
Single-family attached homes,
including townhomes and
condominiums, and multifamily
apartments
Commercial
Neighborhood Serving (NC)
NC 1.1: 0.35 Floor Area Ratio (FAR)
NC 1.2: 0.35 FAR
NC 1.3: 0.35 FAR
NC 2: 0.50 FAR
NC 3: 0.75 FAR
Local-serving retail commercial,
personal service, professional office,
lodging, cultural facilities and eating
and drinking uses
Community Commercial (CC)
CC 1: 0.50 Floor Area Ratio (FAR)
CC 2: 0.50 FAR.
CC 3: .70 FAR
CC 4: .50 FAR
More intense development of local
serving retail commercial; personal
service; professional office; medical
offices, congregate care, and
related uses; lodging; cultural uses
and eating and drinking uses
Regional Commercial (RC) .35 FAR of project lot area
Regional-serving retail commercial,
entertainment, dining, financial and
professional offices
Regional Medical Facilities (RMF) 2.0 FAR
Regional-serving hospital with
accessory uses, and other
integrated medical facilities
Coastal and Recreation Serving
(CRC) 1.00-1.50 Floor Area Ratio (FAR) Coastal-oriented retail commercial, recreation, dining, and lodging Industrial
Light Industrial (LI) 0.50 FAR
A mixture of business park,
research and development,
professional offices, light industrial
uses such as light assembly and
manufacturing, and supportive retail.
Limited retail and service
commercial uses supporting these
areas are allowed
1911
Local Hazard Mitigation Plan
City of San Clemente, California
Section 3, Community Profile Page 3-8
General Land Use Designation Maximum Density/Intensity (FAR) Intention Heavy Industrial (HI) 0.75 FAR
Industrial uses including vehicle
storage, manufacturing,
warehousing, and wholesaling
Mixed Use
MU 1
24.0 units per gross acre
36.0 units per net acre
Commercial projects: 1.00 FAR
Mixed use projects: 2.00 FAR
A vertical or horizontal mix of
Neighborhood Serving Commercial
(NC) and Community Serving
Commercial (CC), and multifamily
housing on the second floor or
higher
MU 2
24.0 units per gross acre
36.0 units per net acre
Commercial projects:
0.50 Floor Area Ratio (FAR)
Mixed Use: 1.5 FAR
A vertical or horizontal mix of
Neighborhood Serving Commercial
(NC), Community Serving
Commercial (CC), and multifamily
housing
MU 3.0
24.0 units per gross acre
36.0 units per net acre
Commercial projects:
1.00 Floor Area Ratio (FAR)
Mixed use projects: 2.00 FAR
Applies to Downtown Core. A
vertical or horizontal mix of
Neighborhood Serving Commercial
(NC) and Community Serving
Commercial (CC). Attached and
multifamily housing is permitted on
the second floor or higher.
MU 3.1
Stand-alone residential use or residential
maximum for mixed use projects:
24.0 units per gross acre
36.0 units per net acre
Commercial projects: 1.00 FAR
Mixed use projects: 2.00 FAR
A vertical or horizontal mix of
Neighborhood Serving Commercial
(NC), Community Serving
Commercial (CC), and multifamily
housing. Also, standalone
residential uses are allowed
MU 3.2
10 units per gross acre
24.0 units per net acre
Commercial projects:
1.00 Floor Area Ratio (FAR)
Mixed use projects: 1.50 FAR
A vertical or horizontal mix of
Neighborhood Serving Commercial
(NC) and multifamily housing
MU 3.3
Stand-alone residential use or residential
maximum for mixed use projects:
24.0 units per gross acre
36.0 units per net acre
Commercial projects:
1.00 Floor Area Ratio (FAR)
Mixed use projects: 2.00 FAR
Applies to Downtown Core. A
vertical or horizontal mix of
Neighborhood Serving Commercial
(NC) and Community Serving
Commercial (CC). Attached and
multifamily housing is permitted on
the second floor or higher. Also,
stand-alone residential uses are
allowed
MU 4
24.0 units per gross acre
36.0 units per net acre
Commercial or mixed use projects:
1.00-2.00 FAR
A vertical or horizontal mix of
Neighborhood Serving Commercial
(NC) and Community Serving
Commercial (CC). Multifamily
housing is permitted on the second
floor or higher
1912
Local Hazard Mitigation Plan
City of San Clemente, California
Section 3, Community Profile Page 3-9
General Land Use Designation Maximum Density/Intensity (FAR) Intention MU 5
Commercial projects: 0.35 FAR
Residential projects: 24.0 units per gross
acre
36.0 units per net acre
Neighborhood Serving Commercial
(NC) commercial uses or
multifamily housing
Public and Institutional
Civic Center (CVC) 0.35 Floor Area Ratio (FAR) Government offices Institutional (INST) FAR/density not specified Private institutions and religious facilities
Public (P) Public (P) Government offices, utilities,
schools, public and private parking
Open Space
Open Space (OS 1) (Public) N/A
Publicly owned existing and
dedicated parklands, passive open
space areas, recreational facilities,
and golf courses. Refer to Beaches,
Parks, and Recreation Element, and
Coastal Element. Refer to Open
Space zoning standards for
processes when land use map
designation boundaries vary from
recorded open space easements.
Open Space (OS 2) (Private) N/A
Privately owned parklands,
recreational facilities, passive open
space areas and golf courses. Refer
to Beaches, Parks, and Recreation
Element, and Coastal Element.
Refer to Open Space zoning
standards for processes when land
use map designation boundaries
vary from recorded open space
easements.
Overlays
Architectural Design (-A) As specified in underlying land use designation.
Spanish-styled architecture that
follows specific Design Guidelines
and standards pursuant to the
Urban Design Element, Design
Guidelines and Zoning Code
Housing (-H) As specified in underlying land use
designation.
Refer to goals and policies of the
Housing Element
Coastal (-CZ) As specified in underlying land use
designation.
Refer to goals and policies of the
Coastal Element and standards in
the Local Coastal Plan (LCP)
Emergency Shelter (-ES) As specified in underlying land use designation.
Allows emergency shelters to meet
State goals and policies for
homeless service needs, pursuant
to limitations in the Zoning Code
1913
Local Hazard Mitigation Plan
City of San Clemente, California
Section 3, Community Profile Page 3-10
General Land Use Designation Maximum Density/Intensity (FAR) Intention Medical Office Overlay (-MO)
Medical office uses:
North of Mira Costa: 1.0 Floor Area Ratio
(FAR).
South of Mira Costa: .75 FAR.
Requires Master Plan
Provides additional medical office
capacity with Master Plan. Ancillary
retail and service uses allowed.
Community Commercial uses are
still permitted as underlying land use
(Community Commercial).
Mixed Use Overlay (-MU)
24.0 units per gross acre
36.0 units per net acre
Commercial projects: 1.00 FAR
Mixed use projects: 2.00 FAR
A vertical or horizontal mix of
Neighborhood Serving Commercial
(NC), Community Serving
Commercial (CC), and multifamily
housing. The Overlay provides an
option for such uses, while allowing
existing industrial uses and
development to remain conforming.
Pedestrian (-P) As specified in underlying land use
designation.
Promotes the development of
pedestrian-oriented land uses,
building and site designs. Refer to
the Urban Design Element, Design
Guidelines, and Zoning Code
Planned Residential District (-PRD) As specified in underlying land use designation.
Provides flexible land use
regulations to foster creative design,
environmental sensitivity, variety,
innovation, and amenities
Professional Business Overlay (-
PBO)
Office and institutional uses:
.75 Floor Area Ratio (FAR) with Master
Plan
Provides additional office capacity
and institutional uses (e.g., small
university, college, or trade school)
with Master Plan. Ancillary retail and
service uses allowed. Community
Commercial uses are still permitted
as underlying land use (Community
Commercial).
Source: City of San Clemente, Centennial General Plan, https://www.san-clemente.org/department-services/planning-services/general-plan, accessed September 30, 2024.
Note: Land uses densities and standards within adopted Specific Plan areas are guided by the Specific Plans. The General Plan Land Use Plan for these areas is only intended for graphic purposes. Refer to Zoning Code (San Clemente Municipal Code Title 17) for allowances to have certain architectural details project above the height limit and the applicable review processes required. 1914
Local Hazard Mitigation Plan
City of San Clemente, California
Section 3, Community Profile Page 3-11
Since the previous iteration of the 2004 LHMP, major growth has caused substantial changes to population patterns, development, and land use within the planning area. At the time of the previous 2004 LHMP writing, several master-planned communities were in phased development - including Talega and Sea Summit, which span nearly 4,000 acres and 4,000 new residential units. Between the 2000 US Decennial Census and the 2010 US Decennial Census, the City grew from 49,936 individuals to 63,522 individuals representing a growth of 13,586 individuals.
Because of the land use patterns and development trends resulted in a 27 percent increase of the City population, vulnerability to natural hazards also increased during this period.
Within the past five years, the City’s population has remained relatively stable due to limited changes in land use and development patterns within the planning area. The 2020 US Decennial Census reports the San Clemente population of 64,293 individuals and the population estimate from 2023 reports a population of 62,313, representing a decline of 3.1 percent. The decline in population trend within the last few years can partially be attributed to the COVID-19 pandemic, where the Orange County region experienced a population decrease of 1.6 percent. In addition, development and redevelopment slowed during the COVID-19 pandemic, due to supply chain issues and economic challenges. Overall, the small population decrease in San Clemente could also be attributed to high housing costs driving residents to move to more affordable locations and an overall decline in birth rates, a trend affecting both the state of California and the United States.
Therefore, while vulnerability has significantly increased due to population growth in the City of San Clemente since the 2004 LHMP, risk and vulnerability for most listed hazards has largely remained the same within the last five years. Any differences are further discussed within the hazard profiles in Section 4.0 on a hazard-by-hazard basis.
The City of San Clemente is largely built out, and future development is heavily constrained by existing infrastructure and other environmental features. While the population in San Clemente experienced a small decline over the last five years, the State of California requires all local jurisdictions to plan land use and development to accommodate projected population growth. For San Clemente, it is anticipated this growth would likely occur in the form of redevelopment or increasing in the density of current developments.
A key indicator of projected growth is the California Department of Housing and Community Development (HCD) Regional Housing Need Allocation (RHNA). The RHNA represents the minimum number of housing units the City is required to provide adequate sites for zoning, and is one of the primary threshold criteria to achieve State approval of the Housing Element. For the 2021-2029 Housing Element cycle, the City of San Clemente is required to accommodate 982 residential units.24 A breakdown of the required housing units by income group, as presented in the San Clemente Housing Element (2021), is included in Table 3-5, City of San Clemente RHNA Allocation, below.
24 City of San Clemente, 2021-2029 Housing Element, https://www.hcd.ca.gov/housing-elements/docs/san-clemente-6thadopted092222.pdf, accessed October 2, 2024. 1915
Local Hazard Mitigation Plan
City of San Clemente, California
Section 3, Community Profile Page 3-12
Table 3-5
City of San Clemente RHNA Allocation
Income Group Total Housing Units
Allocated Percentage of Units
Extremely/Very Low 282 28.7%
Low 164 16.7%
Moderate 188 19.1%
Above Moderate 348 35.4%
Total 982 100.0%
Source: CDHUD, City of San Clemente 2021-2029 Housing Element, https://www.hcd.ca.gov/housing-elements/docs/san-clemente-6thadopted092222.pdf, accessed October 1, 2024.
Note: The City has a RHNA allocation of 282 very low-income units (inclusive of extremely low-income units. Pursuant to State law (AB 2634), the City must project the number of extremely low-income housing needs based on Census income distribution or assume 50 percent of the very low income units as extremely low. Assuming an even split, the City’s RHNA allocation of 282 very low-income units may be divided into 141 very low and 141 extremely low income units. However, for purposes of identifying adequate sites for the RHNA allocation, State law does not mandate the separate accounting for the extremely low income category.
The City is required to demonstrate the availability of sites, zoning provisions and development standards that facilitate and encourage housing development. The majority of identified sites are located outside of major hazard areas, where possible. The City anticipates accommodating these housing units through a variety of methods, including RHNA credits for projects already in progress and accessory dwelling units. New State laws passed since 2017 have substantially changed the development standards and procedures for the construction of Accessory Dwelling Units (ADUs). In March 2019, the City amended the ADU ordinance to comply with new State law, including allowing for Junior ADUs. The City permitted 19 ADUs in 2018, four ADUs in 2019, and 20 ADUs in 2020, for an average of 15 ADUs annually.25 The City anticipates the permitting of ADUs will increase over time. Based on annual averages and increased City efforts, the City conservatively anticipates 15 units per year or 120 ADUs during the eight-year planning period between 2021 and 2029. Affordability of the potential ADUs, shown in Table 3-6, is based on SCAG’s Regional Accessory Dwelling Unit Affordability Analysis as approved by HCD. The City will continue to ensure proposed projects comply with the latest building and safety requirements and mitigate environmental impacts to the maximum extent feasible.
Table 3-6
City of San Clemente Potential ADUs
Income Level ADUs SCAG ADU
Affordability Remaining RHNA
Extremely/Very Low 18 15% 123
Low 12 10% 129
Moderate 52 43% 112
Above Moderate 2 2% 346
Total 120 100.0% 862
Source: City of San Clemente, 2020; SCAG Regional Accessory Dwelling Unit Affordability Analysis, 2021.
While it remains unlikely that all projected residential growth listed above will be approved and constructed within the five-year active period of this LHMP, it is reasonable to assume that some 25 Ibid
1916
Local Hazard Mitigation Plan
City of San Clemente, California
Section 3, Community Profile Page 3-13
level of residential development will occur. Any residential growth within the planning area is generally associated with population growth. Discussions related to how projected growth could impact risk and vulnerability is discussed on a hazard-by-hazard basis within Section 4.0.
Infrastructure systems within the City such as roadways, water and wastewater facilities, electricity, and natural gas provide vital community and individual functions. The ability for infrastructure systems to remain operational during hazard events and emergencies will contribute to the City’s ability to withstand and quickly recover from hazard events.
San Clemente is integrated into several key transportation networks. The Interstate 5 (I-5) Freeway runs through the City, serving as a major north-south route along the coast. Rail connectivity is provided by the Metrolink system, with the Orange County Line and Inland EmpireOrange County Line offering commuter rail services to Los Angeles, San Bernardino, and other destinations.26 Additionally, the Amtrak Pacific Surfliner stops at the San Clemente Pier, facilitating intercity rail travel from San Diego to San Luis Obispo.
The City of San Clemente has several public transportation options, including the San Clemente Trolley, the Orange County Transportation Authority (OCTA) bus system, and the previously mentioned Metrolink train station. Updated Trolley and Truck Transportation Route Maps can be found on the City’s website.27
The City of San Clemente draws water from several sources, including groundwater from City wells, imported water from the Metropolitan Water District through the City’s wholesaler (Municipal Water District of Orange County), and recycled water. The majority of the community’s potable water supply is imported through purchases from the City’s wholesaler, Municipal Water District of Orange County. Three water districts serve different areas of the City—the City of San Clemente Water Utility serves the majority of the City, the Santa Margarita Water District provides water and wastewater services to the Talega community, and the South Coast Water District provides water and wastewater services to a small portion of north San Clemente. Desalinization treatment facilities and other regional supply sources are being evaluated which could play an important role in meeting San Clemente’s future needs.
Wastewater collection and treatment are important components of protecting public and environmental health. The City of San Clemente owns and operates a water treatment plant, located within the City. In 2014, the City completed a major expansion of its recycled water distribution system. With this improvement, recycled water provides a key tool in the community’s strategy for reducing imported water and using our water resources efficiently.
The City currently has a 2020 Urban Water Management Plan that evaluates the City’s water supply reliability over a 20–25-year horizon, assessing present and future water supply sources 26 Metrolink, Inland Empire-Orange County Line Schedule Update, https://metrolinktrains.com/schedules/scheduleupdate/scheduleupdate-ieoc/, accessed October 2, 2024. 27 City of San Clemente, Traffic and Transportation, https://www.san-clemente.org/departments-services/public-works/traffic-andtransportation, accessed October 2, 2024. 1917
Local Hazard Mitigation Plan
City of San Clemente, California
Section 3, Community Profile Page 3-14
and demands within the City’s service area.28 Additionally, the City has a 2020 Water Shortage Contingency Plan, which outlines how the City intends to react in the event of water shortage conditions.29
As the community continues to change and grow, new strategies are needed to reduce solid waste generation, encourage recycling and reuse, and meet future waste collection and landfill needs. Although the City contracts for solid waste and recycling collection services with a private company, the City’s contracts, practices, and codes affect solid waste and recycling throughout the community. The City can influence the community to help reduce the creation of solid waste and divert more solid waste away from landfills.
Proper management of solid waste and recycling has environmental and economic benefits.
Reducing solid waste benefits the environment by decreasing pressure on the landfills serving the region and by decreasing costs associated with the transport, disposal, and recycling of solid waste.
Whether it is fuel to operate automobiles or electricity to light, heat, and cool buildings, energy is constantly being used to meet the City’s daily needs. Generating the energy to meet California’s increasing demand calls for sustainable energy resources. In addition, with the passage of state legislation to decrease reliance on fossil fuels and mitigate the impacts of global climate change, cities are facing complex mandates to address energy management issues.
San Diego Gas and Electric (SDG&E) provides electricity and maintains a distribution network for San Clemente. The electrical grid in the City is a mix of above ground and underground power lines. The Southern California Gas Company (The Gas Company) provides natural gas for San Clemente. To reduce costs, the City will periodically evaluate and is currently purchasing third party deregulated electricity.
The LHMP identified 114 critical facilities in San Clemente for incorporation into the vulnerability assessment and associated hazard analysis; refer to Figure 3-1, City of San Clemente Critical Facilities Map and Table 3-7, City of San Clemente Critical Facilities. These facilities provide essential services to the community such as basic government functions, water and power service, and schools. Some of these facilities can also serve additional roles during an emergency, including as a shelter for displaced residents, a staging area for emergency response and recovery activities, or a location for important City administration functions. Damage to these facilities can impair response and recovery operations and may lead to a disruption of vital services for San Clemente residents.
28 City of San Clemente, Urban Water Management Plan, https://www.san-clemente.org/about-us/city-information/waterinformation, accessed October 2, 2024. 29 City of San Clemente, Water Shortage Contingency Plan, https://www.san-clemente.org/about-us/city-information/waterinformation, accessed October 2, 2024. 1918
Local Hazard Mitigation Plan
City of San Clemente, California
Section 3, Community Profile Page 3-15
Figure 3-1
City of San Clemente Critical Facilities Map
1919
Local Hazard Mitigation Plan
City of San Clemente, California
Section 3, Community Profile Page 3-16
Table 3-7
City of San Clemente Critical Facilities
ID Name Critical Facility Type Community Lifeline
1 Animal Shelter Government Service Safety and Security 2 Baron Von Willard Dog Park Parks and Recreation Safety and Security 3 Beach Restrooms/Concessions - NB Parks and Recreation Safety and Security 4 Beach Restrooms - Linda Lane Parks and Recreation Safety and Security 5 Beach Restrooms/Concessions -
T-Street North Parks and Recreation Safety and Security 6 Beach Restrooms - T-Street South Parks and Recreation Safety and Security 7 Base of Pier Restrooms Parks and Recreation Safety and Security 8 Bernice Ayer Middle School Public School Safety and Security 9 Bonito Canyon Park Parks and Recreation Safety and Security 10 Boys and Girls Club Nonprofit/NGO Safety and Security 11 Canyon View Park Parks and Recreation Safety and Security 12 Califia Beach Park Parks and Recreation Safety and Security 13 Casa Romantica Government Service Safety and Security 14 City Library and Parking Lot Government Service Safety and Security 15 City Municipal Pier & Lifeguard Tower Zero Marine Safety Safety and Security 16 Clarence Lobo Elementary School Public School Safety and Security 17 Community Center Government Service Safety and Security 18 Concordia Elementary School Public School Safety and Security 19 Family Assistance Ministries Nonprofit/NGO Health and Medical 20 Fire Station 50 Fire Service Safety and Security
21 Fire Station 59 Fire Service Safety and Security
22 Fire Station 60 Fire Service Safety and Security
23 Forster Ranch Community Park Parks and Recreation Safety and Security 24 Jim Johnson Memorial Sports Park Parks and Recreation Safety and Security 25 Las Palmas Elementary School Public School Safety and Security 26 Leslie Park Parks and Recreation Safety and Security 27 Liberty Park Parks and Recreation Safety and Security 28 Lifeguard Tower 14 Marine Safety Safety and Security 29 Lifeguard Tower 1 Marine Safety Safety and Security
30 Lifeguard Tower 5 Marine Safety Safety and Security
31 Lifeguard Tower 6 Marine Safety Safety and Security
32 Linda Lane Park Parks and Recreation Safety and Security 33 Maintenance Building Government Service Safety and Security 34 Maintenance Services Government Service Safety and Security 35 Marblehead Elementary School Public School Safety and Security 36 Marblehead Park Parks and Recreation Safety and Security 37 Marine Safety Building Marine Safety Safety and Security 38 Max Berg Plaza Park Parks and Recreation Safety and Security 39 MEDHERO Urgent Care Urgent Care Health and Medical
1920
Local Hazard Mitigation Plan
City of San Clemente, California
Section 3, Community Profile Page 3-17
ID Name Critical Facility Type Community Lifeline
40 Mira Costa Park Parks and Recreation Safety and Security 41 Municipal Golf Course Parks and Recreation Safety and Security 42 North Beach Public Building Marine Safety Safety and Security 43 Ole Hanson Beach Club and Pool Parks and Recreation Safety and Security 44 Our Lady of Fatima Academy Private School Safety and Security 45 Palisades Reservoir Potable Water Water Systems
46 Parque Del Mar Parks and Recreation Safety and Security 47 Pico Park Parks and Recreation Safety and Security
48 Pump Station at Avenida De La Paz Wastewater Management Water Systems 49 Pump Station at Pico/Amanecer Wastewater Management Water Systems 50 Ralphs Skate Court Parks and Recreation Safety and Security 51 Rancho San Clemente Park Parks and Recreation Safety and Security 52 Richard T. Steed Memorial Park Parks and Recreation Safety and Security 53 San Clemente City Hall and Police Station Government Service Safety and Security 54 San Clemente High School Public School Safety and Security 55 San Clemente High School Upper Public School Safety and Security 56 San Clemente Metrolink Station Transportation Safety and Security 57 San Clemente Medi-Center Urgent Care Health and Medical 58 San Clemente Pier Amtrak Station Transportation Safety and Security 59 San Clemente State Beach Parks and Recreation Safety and Security 60 San Diego Gas & Electric Facility and Service
Yard Utilities Safety and Security
61 San Gorgonio Park Parks and Recreation Safety and Security 62 San Luis Rey Park Parks and Recreation Safety and Security 63 Senior Center Government Service Safety and Security 64 Sewer Plant Maintenance Yard Wastewater Management Water Systems 65 Shorecliffs Middle School Public School Safety and Security 66 SONGS Power Plant Energy
67 South County Urgent Care Urgent Care Health and Medical 68 Talega Park Parks and Recreation Safety and Security 69 Talega Substation Electric Substation Energy
70 Tierra Grande Park Parks and Recreation Safety and Security 71 Truman Benedict Elementary School Public School Safety and Security 72 United States Postal Service Government Service Safety and Security 73 United States Postal Service Government Service Safety and Security 74 Verde Park Parks and Recreation Safety and Security
75 Vista Bahia Park Parks and Recreation Safety and Security 76 Vista Del Mar Elementary and Middle School Public School Safety and Security 77 Vista Del Sol Park Parks and Recreation Safety and Security 78 Vista Hermosa Sports Park Parks and Recreation Safety and Security 79 Water Reservoir Potable Water Water Systems
80 Water Reservoir Potable Water Water Systems
1921
Local Hazard Mitigation Plan
City of San Clemente, California
Section 3, Community Profile Page 3-18
ID Name Critical Facility Type Community Lifeline
81 Water Reservoir Potable Water Water Systems
82 Water Reservoir Potable Water Water Systems
83 Water Reservoir Potable Water Water Systems
84 Water Reservoir Potable Water Water Systems
85 Water Reservoir Potable Water Water Systems
86 Water Well Potable Water Water Systems
87 Hoag Health1 Medical Facility Health and Medical
88 Mission Heritage Primary Care Medical Facility Health and Medical 89 Camino Health Center Medical Facility Health and Medical 90 Prima Deshecha Canada Channel (M01)
Outfall Water Systems Water Systems
91 Segunda Deshecha Canada Channel (M02)
Outfall Water Systems Water Systems
92 Prima Deshecha Canada Culvert (N El
Camino Real)
Highway/Roadway/Motor
Vehicle Transportation
93 Segunda Deshecha Canada Culvert (E
Avenida Pico)
Highway/Roadway/Motor
Vehicle Transportation
94 Segunda Deshecha Canada Culvert (Calle de
Los Molinos)
Highway/Roadway/Motor
Vehicle Transportation
95 Prima Deshecha Canada Culvert (Avenida
Vaquero South)
Highway/Roadway/Motor
Vehicle Transportation
96 Segunda Deshecha Canada Culvert (Calle
Frontera)
Highway/Roadway/Motor
Vehicle Transportation
97 Segunda Deshecha Canada Culvert (Avenida
Pico)
Highway/Roadway/Motor
Vehicle Transportation
98 Prima Deshecha Canada Culvert (Avenida
Vaquero North)
Highway/Roadway/Motor
Vehicle Transportation
99 Prima Deshecha Canada Culvert (Calle
Nuevo)
Highway/Roadway/Motor
Vehicle Transportation
100 Segunda Deshecha Canada Beam Bridge
(Avenida Vista Hermosa)
Highway/Roadway/Motor
Vehicle Transportation
101 Segunda Deshecha Canada Beam Bridge
(Calle Saluda)
Highway/Roadway/Motor
Vehicle Transportation
102 Segunda Deshecha Canada Beam Bridge
(Avenida Talega)
Highway/Roadway/Motor
Vehicle Transportation
103 Marblehead Canyon Beam Bridge Highway/Roadway/Motor Vehicle Transportation
104 Forester Ridgeline And Prima Deshecha Trail
Beam Bridge
Highway/Roadway/Motor
Vehicle Transportation
105 Outlets At San Clemente Bridge (Entrance
Into Outlets)
Highway/Roadway/Motor
Vehicle Transportation
106 San Luis Rey Bridge (Over I-5) Highway/Roadway/Motor Vehicle Transportation
107 Mendocino Bridge (Over I-5) Highway/Roadway/Motor
Vehicle Transportation
1922
Local Hazard Mitigation Plan
City of San Clemente, California
Section 3, Community Profile Page 3-19
ID Name Critical Facility Type Community Lifeline
108 I-5 Bridge (Over El Camino Real) Highway/Roadway/Motor Vehicle Transportation
109 I-5 Bridge (Over Presidio) Highway/Roadway/Motor
Vehicle Transportation
110 I-5 Bridge (Over Palizada) Highway/Roadway/Motor
Vehicle Transportation
111 I-5 Bridge (Over Pico) Highway/Roadway/Motor
Vehicle Transportation
112 Avenida Vista Hermosa Bridge (Over I-5) Highway/Roadway/Motor Vehicle Transportation
113 I-5 Bridge (Over Vaquero) Highway/Roadway/Motor
Vehicle Transportation
114 Camino De Estrella/Los Mares Bridge (Over I5)
Highway/Roadway/Motor
Vehicle Transportation
115
All Components of the Potable Water
Network, including pipelines, pump stations
and pressure reducing stations2
Potable Water Water Systems
116 All Components of the Sewer Network,
including pipelines, mains, and pump stations2 Wastewater System Water Systems 117
All Components of the Recycled Water
Network, including pipelines, pump stations
and pressure reducing stations2
Recycled Water System Water Systems
Note:
1. Hoag Health is currently under construction and is anticipated to open and serve the community mid to late 2025.
2. For the purposes of this LHMP, the entire potable water, wastewater and recycled water systems are considered critical facilities, including both upstream and downstream assets. At the time of this writing, the City of San Clemente Utilities Department is participating in the Multi-Jurisdictional Hazard Mitigation Plan Update as a jurisdictional annex through the Municipal Water District of Orange County. The Municipal Water District of Orange County MJHMP includes the potable water, wastewater and recycled water systems as critical facilities and includes detailed mapping products per hazard. Therefore, these assets are not mapped in this LHMP to reduce redundancy and ensure accuracy in both HMPs.
The LHMP Planning Team made recommendations for the critical facility list based on experience and expertise in the City. The LHMP Planning Team identified each facility’s potential loss value (where feasible), comprised of replacement and contents for each facility. If a facility is completely destroyed in a hazard event, the replacement and contents value indicate the cost to replace the facility. Typically, the cost to repair a damaged facility will be less than the replacement value.
While replacement and content values are used throughout this LHMP to estimate potential losses, it is noted that the actual cost to recover from a hazard event will depend on the type and magnitude of the specific occurrence.
Identification and integration of Socially Vulnerable Populations (SVP) into the hazard mitigation planning process is a new addition from FEMA, as required by the recent Local Mitigation Planning Policy Update effective April 2023. The purpose of this new LHMP section is to identify vulnerable populations within the planning area, along with identifying characteristics that can make individuals more vulnerable to natural and human-caused hazards. Social vulnerability is 1923
Local Hazard Mitigation Plan
City of San Clemente, California
Section 3, Community Profile Page 3-20
defined by the Center for Disease Control and Prevention as characteristics of a person or group that affect their capacity to anticipate, cope with, resist, and recover from the impact of a discrete and identifiable disaster in nature or society.30 Several socioeconomic factors and additional characteristics influence social vulnerability, as illustrated in Figure 3-2 below.
US Census and American Community Survey data at the census tract level was utilized to locate and identify socially vulnerable populations within the planning area. The City of San Clemente is composed of 15 census tracts. The LHMP Planning Team evaluated California-based definitions, national environmental justice definitions, and data indices as a method for locating and identifying socially vulnerable populations within the City of San Clemente.
The LHMP Planning Team evaluated three separate data sources to identify socially vulnerable communities within the City of San Clemente. These data sources included the California Office of Environmental Health Hazard Assessment (OEHHA) CalEnviroScreen 4.0, the US Council on Environmental Quality (CEQ) Climate and Economic Justice Screening Tool, and the CDC Social Vulnerability Index (SVI). After reviewing social vulnerability data from these sources, communities facing increased social vulnerability were most prominently identified within CDC SVI data. For this reason, the CDC SVI data was chosen as the LHMP Planning Team’s primary data tool in identifying socially vulnerable populations in San Clemente.
Figure 3-2
Social Vulnerability Index Themes and Social Factors
Source: CDC and Prevention – National Center for Environmental Health, Planning for an Emergency: Strategies for Identifying and Engaging At-Risk Groups, accessed September 18, 2024. 30 CDC, Planning for an Emergency: Strategies for Identifying and Engaging At-Risk Groups, https://www.cdc.gov/nceh/hsb/disaster/atriskguidance.pdf, accessed October 2, 2024. 1924
Local Hazard Mitigation Plan
City of San Clemente, California
Section 3, Community Profile Page 3-21
According to CDC SVI data, the populations within San Clemente facing the greatest social vulnerability are cost-burdened residents spending 30%+ of their income on housing, uninsured residents, minority populations, and populations over age five who speak English “less than well”.
Census tract 42017 faces the greatest level of social vulnerability in the planning area, ranked as “High” social vulnerability. Census tract 42018 faces the second greatest vulnerability, ranked as “Medium-High” social vulnerability. Census tract 42201, consisting of only a small section of the full tract in the northwest corner of the City, indicates a high percentage of mobile home residents and residents under the age of eighteen. It is also noted that over 10% of residents in census tract 42107 face overcrowding concerns, as their households contain more people than rooms. Most census tracts within the City face low to medium social vulnerability, with tracts 42112, 42113, 42114, 42115, 42205 and 42206 ranked as “Low-Medium” and tracts 32062, 32063, 42106, 42109, 42111 and 42116 ranked as “Low” social vulnerability.
The LHMP Planning Team also expressed concerns regarding visitors / tourism and seasonal population changes which have a dramatic effect on short term population changes. Tourism and seasonal population changes can significantly increase vulnerabilities during hazard events.
Tourists and transient populations lack permanent housing, making them more susceptible to displacement and loss of shelter during emergencies. Evacuation can be challenging due to unfamiliarity with local routes and emergency procedures, leading to delays and inefficiency.
Additionally, these populations are often ill-prepared for emergencies, lacking essential supplies and knowledge about local hazards. The sudden influx of large numbers of people can strain local resources and emergency management systems, overwhelming healthcare facilities, emergency responders, and shelters. This can hinder the effectiveness of response efforts and exacerbate the impact of the disaster on both residents and visitors. Emergency management and hazard mitigation strategies can enhance preparedness for seasonal populations changes through data collection and analysis, public education and outreach, resource allocation, collaboration with local businesses and agencies and training or drills. These considerations have been incorporated into the mitigation strategy to reduce risks brought on by tourism.
Additionally, the LHMP Planning Team determined that disabled individuals and patients in the City receiving in-facility care face increased vulnerability during disaster events. This heightened risk is due to several factors, including their reliance on specialized medical care, limited mobility, and the need for continuous support from caregivers. Examples of these facilities may include congregate care, assisted-living facilities, or similar patient care environments. These facilities often house disabled individuals and patients who may not be able to evacuate quickly or independently, making them particularly susceptible to harm during emergencies. Therefore, these considerations led the LHMP Planning Team to include this population as socially vulnerable.
Based on the SVI data and other socially vulnerable populations discussed above, the LHMP Planning Team determined that for the purposes of this LHMP, the following groups would be formally established as an SVP:
x Census tracts identified as “High” or “Medium-High” by the CDC SVI (census tracts 42108, 42107 and 42201)
x Census tracts with the highest percentage of the following indicators: cost-burdened residents spending 30%+ of their income on housing, uninsured residents, minority 1925
Local Hazard Mitigation Plan
City of San Clemente, California
Section 3, Community Profile Page 3-22
populations, and populations over age five who speak English “less than well” regardless of SVI score (census tracts 42107, 42108, 42113)
x Disabled patients in the City receiving in-facility care (congregate care, assisted living, other patient care environments)
x Tourists, seasonal visitors, and homeless populations To summarize, the formal designation of SVPs includes 4 of the 15 census tracts in San Clemente, census tracts 42107, 42108, 42113, 42201, disabled patients in the City receiving infacility care, and tourists, seasonal visitors, and homeless populations.
As such, the LHMP Planning Team acknowledges that certain characteristics can make individuals of these SVPs more vulnerable or “high-risk” in specific natural or human-caused hazard incidents. According to the CDC, these characteristics include but are not limited to the factors outlined in Figure 3-2, Social Vulnerability Index Themes and Social Factors. Specific concerns for SVPs in San Clemente include housing and insurance costs, access to essential services during a disaster, linguistic isolation, and increased vulnerability of tourists and disabled individuals to natural hazards and disasters due to several factors.
Cost-burdened families spending over 30% of their income on housing face additional vulnerability during disaster events due to limited financial resources for food, water, shelter, medical services, and other basic needs. Uninsured residents in San Clemente are considered socially vulnerable due to a lack of financial resources to recover from property or health impacts as a result of a disaster.31 Uninsured populations also lack resources to help them withstand future impacts of a disaster event, increasing their overall vulnerability.32 Minority populations have historically faced higher rates of chronic health conditions, making access to healthcare potentially urgent during the unstable circumstances of a disaster.33 Homeless populations face limited access to shelter during emergencies, limited access to medical services, and barriers to other vital resources.
Disabled patients in congregate care, assisted living facilities, or similar patient care environments are particularly vulnerable to disaster events due to several factors. Their limited mobility and dependence on caregivers make evacuation challenging, while their complex medical needs require continuous care and access to medications, which can be disrupted during emergencies.
Communication barriers may prevent them from receiving or understanding emergency alerts, and many facilities may lack adequate infrastructure for emergencies. Additionally, the risk of abuse and neglect may increase because of heightened stress during disasters. Inclusive disaster planning is essential to address these vulnerabilities and ensure the safety and well-being of disabled individuals.
Visitors, unfamiliar with local hazards and emergency procedures, may be ill-prepared for sudden disasters. Individuals employed within San Clemente that live outside of the City may also possess limited familiarity with City operations, increasing their vulnerability during an emergency.
While tourists and other visitors likely have scheduled overnight accommodations, those commuting into the City are unlikely to have planned or easily accessible shelter during a disaster 31 DirectRelief, Which California Communities are Most Vulnerable to Wildfires?, https://www.directrelief.org/2019/07/whichcalifornia-communities-are-most-vulnerable-to-wildfires/, accessed September 18, 2024. 32 American Red Cross, Why We Focus On Vulnerable Communities, https://www.redcross.org/local/california/preparesocal/communities-of-focus.html, accessed September 18, 2024. 33 SAMHSA, Diversity, Equity, and Inclusion in Disaster Planning and Response, https://www.samhsa.gov/dtac/disasterplanners/diversity-equity-inclusion, accessed September 18, 2024. 1926
Local Hazard Mitigation Plan
City of San Clemente, California
Section 3, Community Profile Page 3-23
scenario. Mobile homes are also more commonly located in hazard zones, where the threat of coastal flooding, sea level rise, and other hazards contribute to heightened levels of vulnerability for local residents.34 Individuals under the age of seventeen living in hazard zones may face increased vulnerability due to their heavy reliance on adults for protection and care, the fact that children breathe in more air for their size than adults which increases exposure to harmful pollutants in the air, and the psychological impacts of disasters.35,36,37 These considerations have been incorporated into the mitigation strategy to reduce risks to these SVPs.
While CDC SVI data does indicate a notable concentration of mobile home residents and residents under the age of seventeen that may face increased vulnerability to disasters within census tract 44201, the majority of tract 44201 is located within the neighboring City of Dana Point. Given this fact, social vulnerability data was included in this section that designates 44201 as socially vulnerable, but only a fraction of the total area of this tract is under the City’s land use authority and control.
After understanding data behind the high vulnerability determination for all census tracts, the LHMP Project Management team worked to incorporate stakeholders into the LHMP Planning Team that represent or serve socially vulnerable groups, including:
x Hoag Medical Facility (uninsured residents)
x Family Assistance Ministries (cost-burdened residents, minority populations, populations speaking English “less than well”)
x San Clemente Rotary (serving all SVPs)
x Age Well (City contractor, serving all SVPs)
It should be noted that census tracts 42107, 42108, 42109, 42111, and 42113 have been identified by the City of San Clemente as eligible communities for the United States Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG) Program through the City’s 2020-2024 Consolidated Plan. While the CDBG Program is not directly related to the purpose and goals of this Hazard Mitigation Plan, this funding opportunity may be leveraged by the City to achieve additional hazard mitigation capabilities benefitting communities and assets throughout the planning area.
Feedback from these stakeholders and the rest of the LHMP Planning team regarding socially vulnerable populations have been included in each hazard profile (Section 4.0) and the mitigation strategy (Section 5.0). Additional organizations serving SVPs in the planning area not participating as stakeholders were given the opportunity to review and comment on the LHMP’s public review draft in November 2024. Specific connections between the risk assessment and relevant mitigation actions are discussed on a hazard-by-hazard basis within Section 4.0, Hazards Assessment.
34 NOAA, Sea Level Rise Viewer, https://coast.noaa.gov/digitalcoast/tools/slr.html, accessed October 8, 2024. 35 SAMHSA, Children and Disasters, https://www.samhsa.gov/dtac/disaster-survivors/children-and-disaster, accessed October 8, 2024.
36 CDC, Children’s Emergency Preparedness: Why CDC Makes It a Priority, https://www.cdc.gov/childrenindisasters/why-cdcmakes-it-a-priority.html, accessed October 8, 2024. 37 SRCD, Understanding the Impacts of Natural Disasters on Children, https://www.srcd.org/research/understanding-impactsnatural-disasters-children, accessed October 8, 2024. 1927
Local Hazard Mitigation Plan
City of San Clemente, California
Section 3, Community Profile Page 3-24
Figure 3-3
Vulnerable Census Tracts in San Clemente
1928
Local Hazard Mitigation Plan
City of San Clemente, California
Section 4, Hazards Assessment Page 4-1
The first step in developing the vulnerability and risk assessment is identifying the hazards. The LHMP Planning Team reviewed the previously prepared 2004 City of San Clemente Hazard Mitigation Plan, hazard mitigation plans from neighboring jurisdictions, and other relevant information to determine the extent of natural and human caused hazards with potential to affect the City; refer to Table 2-5, Existing Plans, Studies, Reports, and Other Technical Data/Information. A discussion of potential hazards during the first LHMP Planning Team meeting resulted in the identification of the natural hazards that pose a potential risk to the City of San Clemente. Table 4-1, City of San Clemente Hazard Identification, summarizes the Planning Team’s discussion of each of the natural hazards and indicates those identified for inclusion in the LHMP.
Table 4-1
San Clemente Hazard Identification
List of Hazards
Identified in
Previous
LHMP
Include in
Updated
LHMP
Discussion Summary
Avalanche No No
The LHMP Planning Team determined that this hazard does not pose a significant risk to the planning area due to the City’s location and climate.
Coastal Erosion No Yes
While erosion was included within the landslide and flood chapters of the previous LHMP, it was not profiled as its own hazard. Due to the significant potential impacts of this hazard to the planning area, the LHMP Planning Team chose to profile Coastal Erosion as its own hazard in the updated LHMP.
Coastal Storms No No Coastal storms have been a significant issue for San Clemente and are integrated as hazard under Coastal Erosion.
Dam Reservoir
Failure Yes Yes
While dam reservoir failure was included under flood chapters of the previous LHMP, it was not profiled as its own hazard. There is one reservoir within the planning area with inundation zones potentially impacting the planning area. For this reason, the LHMP Planning Team chose to include this hazard in the updated LHMP.
Disease/Pest
Management No No
The LHMP Planning Team determined that this hazard does not pose a significant risk to the planning area due to limited previous occurrences.
Drought Yes Yes
Drought was profiled under the wildfire chapters of the in the previous HMP and continues to be a potential threat to the City of San Clemente. Therefore, the LHMP Planning Team chose to individually identify this hazard as an update.
Expansive Soils No Yes
While the City has not been extensively mapped for expansive soils, research indicates that the slope stability within the City is at risk due to the presence of expansive soils. For this reason, the LHMP Planning Team chose to include this hazard in the updated LHMP. 1929
Local Hazard Mitigation Plan
City of San Clemente, California
Section 4, Hazards Assessment Page 4-2
List of Hazards
Identified in
Previous
LHMP
Include in
Updated
LHMP
Discussion Summary
Flood Yes Yes
Flood is a potential threat to San Clemente and has historically impacted the planning area. The previous LHMP grouped flood, storm, and tsunami hazards together.
Hailstorm No No
The LHMP Planning Team determined that hailstorms do not pose a significant risk to the planning area based upon limited previous occurrences.
Human-Caused
Hazards Yes Yes
Human-caused hazards are a potential threat to San Clemente and have historically impacted the planning area. Civil disturbance, energy shortage (public safety power shutoffs), hazardous materials release, marine oil spill, mass casualty transportation incident, national security threat, nuclear power plant accident, and terrorism were profiled individually in the previous LHMP.
Hurricane No No
While San Clemente is affected by Coastal Storms, the City is generally not affected by hurricanes due to the City’s west coast location and northern latitude.
Landslide and
Slope Failure Yes Yes Landslide and slope failure is a potential threat to San Clemente and has historically impacted the planning area.
Lightning No No
The LHMP Planning Team determined that lightning does not pose a significant risk to the planning area based upon limited previous occurrences.
Marine Oil Spill Yes No
The LHMP Planning Team determined that marine oil spills did not pose a significant risk to the planning area based upon limited previous occurrences.
National
Security Threat Yes No
The LHMP Planning Team determined that the “human-caused hazard” profile sufficiently addressed the potential threat of nonnatural hazards to the planning area.
Sea Level Rise No No
San Clemente is currently experiencing negative impacts associated with coastal flooding, erosion, and other coastal hazards. Therefore, coastal erosion has been prioritized as a hazard over future sea level rise to better reflect the current conditions of the City.
Seismic
Hazards Yes Yes
Seismic hazards pose a potential threat to San Clemente and have historically impacted the planning area. The previous LHMP included an earthquake hazard profile.
Severe Weather
Hazards Yes Yes
Severe weather hazards are a potential threat to San Clemente and have historically impacted the planning area. The previous LHMP grouped flood, storm, and tsunami hazards together.
Tornado No No
The LHMP Planning Team determined that this hazard does not pose a significant risk to the planning area due to the City’s location and climate.
Tsunami Yes Yes
San Clemente has coastline along the Pacific Ocean and is susceptible to tsunamis. The previous LHMP grouped flood, storm, and tsunami hazards together.
Volcano No No
The LHMP Planning Team determined that this hazard does not pose a significant risk to the planning area due to the absence of active volcanoes located near San Clemente.
1930
Local Hazard Mitigation Plan
City of San Clemente, California
Section 4, Hazards Assessment Page 4-3
List of Hazards
Identified in
Previous
LHMP
Include in
Updated
LHMP
Discussion Summary
Wildfire Yes Yes Wildfire is a potential threat to San Clemente and has historically impacted the planning area.
Windstorm No No
The LHMP Planning Team determined that this hazard does not pose a significant risk to the planning area due to limited previous occurrences. The impacts of heavy winds such as Santa Ana Winds have been detailed under the Severe Weather hazard profile.
The LHMP Planning Team used a spreadsheet-based tool to prioritize the identified hazards by assigning each hazard a ranking based on probability of occurrence and magnitude of potential impact. These rankings were assigned based on a group discussion, knowledge of past occurrences, and familiarity with the City’s vulnerabilities. Four criteria were used to establish the hazard priorities to be addressed in the LHMP:
x Probability (likelihood of occurrence)
x Location (size of potentially affected area)
x Maximum Probable Extent (intensity of damage)
x Secondary impacts (severity of impacts to community)
A value from one to four was assigned for each criterion, where one is the lowest and four is the highest. The four criteria were then weighted based on the LHMP Planning Team’s opinion of each criterion’s importance. To enhance collaboration and discussion regarding hazard rankings, the LHMP Planning Team participated in a live survey through Mentimeter, allowing each LHMP Planning Team member to individually report initial thoughts on probability, location, maximum probable extent, and secondary impacts. Rankings were assigned individually based on knowledge of past occurrences and familiarity with City vulnerabilities. The survey was integrated into the LHMP Planning Team Meeting #1 PowerPoint presentation, and all attendees filled out the survey questions. Results were averaged to provide a group score per hazard, utilizing the weighted value (recommended by FEMA and confirmed by the LHMP Planning Team) based on the importance of the criterion; refer to Table 4-2, Hazard Ranking Methodology.
The hazard rankings were multiplied by weighted factors to obtain a score for each criterion. A higher weight was given to the criterion considered more important or significant. For example, the probability of the hazard occurrence received a higher weight than the potential secondary impacts. The scores for location, maximum probable extent (anticipated damage), and secondary impacts for each hazard were added together to determine the total impact score. The total impact score was then multiplied by the overall probability score to determine the final score. The final scores were used to determine the prioritization of each hazard based on the following FEMA recommended scale:
x Low Threat: 0 to 12;
x Medium Threat: 12.1 to 42; and
x High Threat: 42.1 to 64.
1931
Local Hazard Mitigation Plan
City of San Clemente, California
Section 4, Hazards Assessment Page 4-4
Table 4-2
Hazard Ranking Methodology
Probability, Location, Maximum Probable Extent and Secondary Impacts Probability (2.0): Estimated likelihood of occurrence from historical data.
Probability Score
Unlikely – less than 1% probability in next 100 years or has a recurrence interval of greater than every 100 years
1 Somewhat Likely – between 1% and 10% probability in next year or has a recurrence interval of 11 to 100 years
2 Likely – between 10% and 100% probability in next year or has a recurrence interval of 10 years or less 3 Highly Likely – near 100% probability in next year or happens every year 4 Location (0.8): Size of geographical area of community affected by the hazard.
Affected Area Score
Isolated 1
Small 2
Medium 3
Large 4
Primary Impact (0.7): Anticipated damage to a typical facility/structure in the community.
Impact Score
Negligible – less than 10% damage 1
Limited – between 10% and 25% damage 2
Critical – between 25% and 50% damage 3
Catastrophic – more than 50% damage 4
Secondary Impacts (0.5): Estimated secondary impacts to the community at large.
Impact Score
Negligible – no loss of function, downtime, and/or evacuations 1 Limited – minimal loss of function, downtime, and/or evacuations 2 Moderate – some loss of function, downtime, and/or evacuations 3 High – major loss of function, downtime, and/or evacuations 4 Total Score = Probability x Impact, where:
Probability = (Probability Score x Importance)
Impact = (Affected Area + Primary Impact + Secondary Impacts), where:
Affected Area = Affected Area Score x Importance
Primary Impact = Primary Impact Score x Importance
Secondary Impacts = Secondary Impacts Score x Importance Hazard Planning Consideration
Score Range Value Count
0.0 20.0 Low 2
20.1 42.0 Medium 13
42.1 64.0 High 4
The probability of each hazard is determined by assigning a level, from unlikely to highly likely, based on the likelihood of occurrence from historical data. The total impact value includes the affected area, primary impact, and secondary impact levels of each hazard. Each level's score is reflected in the matrix. The total score for each hazard is the probability score multiplied by its importance factor times the sum of the impact level scores multiplied by their importance factors. Based on this total score, the hazards are separated into three categories based on the hazard level they pose to the communities: High, Medium, and Low. 1932
Local Hazard Mitigation Plan
City of San Clemente, California
Section 4, Hazards Assessment Page 4-5
The results from the LHMP Planning Team Meeting #1 survey were compiled and presented during LHMP Planning Team Meeting #2 for further evaluation and discussion. Table 4-3, Hazard Rankings, identifies the final scores and the hazard planning consideration (threat level) for each hazard based on additional discussion with the LHMP Planning Team and the prioritization process described above.
Table 4-3
Hazard Rankings
Hazard Type Probability
Impact
Total
Score
Hazard Planning
Consideration Location Primary
Impact
Secondary
Impacts
Landslide and Slope Failure 3.38 2.50 3.58 2.61 39.28 High Coastal Erosion 3.57 2.57 2.70 2.53 37.21 High
Wildfire (including wildfire smoke) 2.90 2.70 3.35 2.89 34.51 High Severe Weather -- Heavy Rains 2.71 3.10 3.00 2.79 32.38 High Severe Weather -- Santa Ana
Winds/Windstorms 3.10 3.00 2.40 2.16 31.99 Medium
Human-caused
Terrorism/Cyberattack 2.47 3.11 3.29 3.10 31.32 Medium
Seismic - Ground Shaking 2.76 2.75 2.79 2.56 29.99 Medium Human-caused - Civil
Disturbance/Civil Unrest 2.37 2.47 2.94 2.70 25.52 Medium Severe Weather - Public Safety
Power Shutoff/Outage 2.33 2.76 2.35 2.58 23.97 Medium
Drought 2.48 2.85 1.95 2.22 23.58 Medium
Seismic - Fault Rupture 1.95 2.55 3.05 2.89 21.92 Medium Severe Weather - Extreme Heat 2.24 2.86 1.95 1.95 20.73 Medium Flood (riverine, coastal, localized) 2.14 2.19 2.55 2.58 20.66 Medium Hazardous Materials/Nuclear
Release 1.53 3.21 3.35 3.45 20.31 Medium
Pandemic 1.68 3.37 2.24 2.80 19.03 Medium
Seismic - Liquefaction 1.71 2.00 2.84 2.50 16.55 Medium Climate Change 1.86 2.40 1.53 1.67 14.23 Medium
Tsunami 1.38 1.76 2.40 2.05 11.35 Low
Dam/Reservoir Failure (Palisades
Reservoir) 1.11 1.68 2.59 2.50 9.78 Low
1933
Local Hazard Mitigation Plan
City of San Clemente, California
Section 4, Hazards Assessment Page 4-6
The LHMP Project Management Team decided to identify four hazards (wildfire & wildfire smoke, landslide & slope failure, coastal erosion, and severe weather / heavy rains) as high hazard planning considerations based on conversations with the LHMP Planning Team.
Many hazards identified by the LHMP Planning Team are recognized to be interconnected or interrelated. Where appropriate, the hazard profiles (presented below) may include references to other hazard profiles (such as including coastal storms within the Coastal Erosion hazard category).
Additionally, as part of the hazard identification and prioritization process, the LHMP Planning Team determined that some hazards could be combined for clarity purposes within a larger hazard category.
Some hazards were expanded or renamed to reflect conditions more accurately for the City of San Clemente. Thus, for example the Severe Weather profile includes extreme heat, heavy rain, Santa Ana Winds, and Public Safety Power Shutoff (PSPS) as a secondary impact. It is noted that PSPS is not a direct hazard, but a secondary impact from other natural disasters (primarily Santa Ana Winds, but potentially extreme heat and heavy rains as well). The LHMP Planning Team and survey participants expressed concerns about the ramifications of PSPS and the effects on City infrastructure and operations; thus, PSPS is discussed under Severe Weather.
The Human-Caused Hazards profile includes hazardous materials spill/nuclear release, terrorism/cyberattacks, civil disturbance/civil unrest, pandemic, and trail derailment. The Seismic Hazards profile includes ground shaking/ground motion and liquefaction.
The following hazards are discussed within the 2024 LHMP, below:
x Coastal Erosion
x Dam Reservoir Failure
x Drought
x Expansive Soils
x Flood
x Human-Caused Hazards (Hazardous materials spill/nuclear release, terrorism/cyberattacks, civil disturbance/civil unrest, pandemic, and trail derailment) x Landslide and Slope Failure
x Seismic Hazards (Ground shaking/ground motion and liquefaction) x Severe Weather Hazards (Extreme heat, heavy rain, Santa Ana Winds, PSPS) x Tsunami
x Wildfire
Climate change has the potential to exacerbate many of the existing hazards in the City. As such, the LHMP Team decided climate change would be included under each applicable hazard profile with a discussion about how each hazard would intersect or become more significant with impacts of climate change. Discussion and analysis related to climate change is discussed as a subsection under each hazard profile included below.
1934
Local Hazard Mitigation Plan
City of San Clemente, California
Section 4, Hazards Assessment Page 4-7
Vulnerability describes how exposed or susceptible to damage an asset is and depends on a number of variables including the asset’s construction, condition, contents, and economic value of functions. A vulnerability analysis predicts the extent of injury/damage on the built environment that may result from a hazard event of a given intensity in a specific area.
The vulnerability assessment considers risks to critical facilities listed in Section 3.0, Community Profile, and to residential and non-residential buildings throughout San Clemente. Critical facilities serve an important function in the operations of the municipal government and in serving the community. Critical facilities include essential public buildings, police and fire stations, schools, transportation infrastructure, and essential public utility assets. Many facilities may also be vital to evacuations, serve as assembly points or temporary structures, or provide a supportive role in preparing for and recovering from hazard events. While the City owns and maintains most of the listed critical facilities, there are also critical facilities owned by other public agencies or jurisdictions. Direct and indirect impacts were considered as part of the vulnerability assessment as impacts to some facilities may have indirect impacts on other facilities or populations.
The vulnerability assessment below quantifies, to the extent feasible using the best available data, City assets at risk to hazards and estimates potential losses. This section focuses on the profiled hazards and risks specific to the City of San Clemente.
Each hazard profile in the following section includes a Vulnerability and Risk Assessment section that presents the results using the methodology described below. Replacement and content values for the facilities in each the hazard areas are tallied in each vulnerability table to estimate the total potential losses for each facility.
For each hazard profiled in Sections 4.5 to 4.15, a vulnerability/risk assessment is included within the section. The vulnerability/risk assessment gives equal weight to all hazards, regardless of the identified probability. The specific hazard and associated probability are considered as part of the mitigation prioritization, discussed in Section 5.0, Mitigation Strategy. This assessment considers the physical threats to critical facilities. It should be noted that actual losses will depend on the type, location, magnitude, and extent of the actual hazard event.
This assessment considers the physical threat to the critical facilities, as well as the physical threat to residential and non-residential structures.
Socioeconomic impacts are generally discussed as some hazards have the potential to impact the City in ways beyond physical damages. To confirm at-risk community populations, a detailed parcel analysis investigated the intersection of each mapped natural hazard with development and population vulnerability. The critical facilities listed in Section 3.0, Community Profile, were mapped in GIS and overlaid with mapped hazard areas (those hazards that have a specific or defined geographic area) to determine which assets are located in each hazard area.
Using the comprehensive parcel database from the City of San Clemente, parcels with residential and non-residential structures were identified within each mapped natural hazard zone. For 1935
Local Hazard Mitigation Plan
City of San Clemente, California
Section 4, Hazards Assessment Page 4-8
residential assets, the number of units is reported per hazard zone. Single family homes are assumed to be one unit. The number of residential units then informs an estimate of residents within each hazard zone. The estimate was generated using the 2.7 persons per household identified by the American Community Survey (ACS) 2022 dataset. For non-residential assets, the total structure square footage was calculated.
Hazard areas and critical facility overlays were conducted for: dam reservoir failure, flood, landslide and slope failure, seismic hazards, tsunami, and wildfire. It should be noted that the parcel analysis is based on the best available data and is intended for planning purposes only.
The City of San Clemente provided parcel data via a Microsoft Excel file in August 2024. Michael Baker International did not manipulate the data and used the data as it was provided to estimate hazard vulnerabilities. As such, the parcel analysis serves as an estimate of potential losses based on this data snapshot and may not reflect actual or current conditions within the City at the time of LHMP approval.
Overlays were not prepared for the following hazards: coastal erosion, drought, expansive soils, human-caused hazards (hazardous materials spill/nuclear release, terrorism/cyberattacks, civil disturbance/civil unrest, pandemic, and trail derailment), and severe weather hazards (extreme heat, heavy rain, Santa Ana Winds, PSPS). These hazards are not geographically defined and/or have the potential to affect the entire City. For the purposes of this LHMP and vulnerability assessment, it is assumed that coastal erosion, drought, expansive soils, human-caused hazards, and severe weather hazards could impact the entirety of the planning area, including all critical facilities.
Replacement and contents values for the facilities and the number of residents and residential and non-residential structures in each hazard area are provided where possible, to estimate the potential losses based on the method described above. Estimations were prepared using replacement values identified in the HAZUS 6.1 Inventory Technical Manual (2024), where appropriate and related land use categories are listed. Some critical facilities have unavailable replacement cost values due to ownership status or unique characteristics that make replacement estimates infeasible.
The following sections, Section 4.5 through Section 4.15, contain profiles for the hazards identified in Table 4-1, City of San Clemente Hazard Identification, above. The profiles include a vulnerability analysis and risk assessment using the methods described in Section 4.3, Vulnerability and Risk Assessment. Each hazard profile is organized by the following subsections:
x Description: A brief introduction to the mechanisms behind the hazard. x Location/Extent: An indication of geographic areas that are most likely to experience the hazard and a description of the potential magnitude and impacts of the hazard. x Previous Occurrences: A highlight of recent and historical occurrences of the hazard accompanied by the impacts or damage to the planning area, if available. x Probability of Future Occurrences: Discussion of the likelihood of the hazard occurring (or a timeframe of recurrence, if available). 1936
Local Hazard Mitigation Plan
City of San Clemente, California
Section 4, Hazards Assessment Page 4-9
x Climate Change: A discussion of how climate change may impact the location, magnitude, recurrence, or extent of the hazard into the future. x Vulnerability and Risk Assessment: A description of the potential magnitude of losses associated with the hazard. Vulnerability may be expressed in quantitative or qualitative values depending upon available data. This section also discusses the changes in vulnerability due to expected growth and development within the planning area. x Socially Vulnerable Populations: A discussion of how the hazard may impact identified socially vulnerable populations within the planning area and considerations that have been incorporated into the mitigation strategy of this LHMP.
Coastal erosion is the process by which wave action, coastal storms and coastal flooding remove sand or wear down or carry away rocks, soil, along the coast.1 Sea level rise, an increase in the level of the world’s oceans due to effects of increased temperatures, is expected to increase storm frequency and result in wave energy moving further inshore eroding coastal areas.2,3 During the winter season in California, beaches typically erode due to higher wave energy pulling the sand offshore into winter sand bars thereby allowing waves to reach further inland and inundate the beaches. While coastal bluff failure may also occur as result of heightened precipitation, particularly during El Niño events, all bluffs in San Clemente are landward of the City’s railroad and thereby not subject to direct wave attack during these events. Rainfall may be the ultimate trigger for slope failure, even during times with little to no wave action as rocks and soil are heavily saturated given some of the underlying geologic formations in the City and the presence of clay seams.4
Coastal or shoreline erosion will be the most significant hazard impacting coastal resources due to “coastal squeeze.”5 In the City of San Clemente, the dry beach and intertidal zone in front of the railroad revetment are at risk of loss due to “coastal squeeze” caused by the railroad revetement.6
There are several strategies to reduce coastal erosion either through gray or green techniques (refer to Figure 4-1, Coastal Erosion Mitigation Strategies).7 Grey techniques are referred to as shoreline “hardening,” where structures such as seawalls, revetements, groins (medium-sized artificial structure built perpendicular to the shoreline), rip-rap, and levees are placed to reduce eroding coastal areas.8 Green techniques use living shorelines which consist of plants or other 1 U.S. Climate Resilience Toolkit, Coastal Erosion, https://toolkit.climate.gov/topics/coastal-flood-risk/coastal-erosion, modified April 2021, accessed June 28, 2024.
2 National Geographic, Sea Level Rise, https://education.nationalgeographic.org/resource/sea-level-rise/, accessed July 11, 2024. 3 European Commission, Rising sea levels due to climate change found to escalate the rate of erosion of rocky shorelines, https://environment.ec.europa.eu/news/rising-sea-levels-due-climate-change-found-escalate-rate-erosion-rocky-shorelines-2023-03- 29_en, published March 29, 2023, accessed July 11, 2024. 4 Ibid.
5 Moffatt & Nichol, City of San Clemente Sea Level Rise Vulnerability, published October 2019, accessed July 10, 2024. 6 Ibid. 7 San Clemente Beaches, Parks and Recreation Commission, Nature-Based Coastal Resiliency Project Feasibility Study, published February 14, 2023, accessed October 11, 2024.
8 U.S. Climate Resilience Toolkit, Coastal Erosion, https://toolkit.climate.gov/topics/coastal-flood-risk/coastal-erosion, updated April 2021, accessed July 5, 2024.
1937
Local Hazard Mitigation Plan
City of San Clemente, California
Section 4, Hazards Assessment Page 4-10
natural elements often in combination with harder shoreline structures to stabilize estuarine coasts, bays, and tributaries.9 Living shorelines improve water quality, provide fisheries habitat, increase biodiversity, and promote recreation. Coastal erosion strategies can also incorporate components of both gray and green techniques to comprehensively protect shorelines.
The preferred coastal resiliency building or adaptation strategy in San Clemente is beach sand replenishment. This process places additional sand on beaches to serve as a buffer against erosion or to enhance the recreational value of the beach and to preserve and protect critical public infrastructure and public amenities located on or adjacent to the beach.10 The City of San Clemente is currently embarking upon a comprehensive, and long term program of beach sand replenishment in the City encompassing all 5 miles of shoreline. The beach sand replenishment program includes both planned beach sand nourishment projects and opportunistic sand projects which take advantage of available upland beach quality sediments as they become available through maintenance activities or site redevelopment projects. In 2024, the City placed 237,000 cubic yards of sand on its beaches with plans in the works for an additional 1.5 million cubic yards over the next five to ten years.11
Figure 4-1
Coastal Erosion Mitigation Strategies
Source: NOAA, Guidance for Considering the Use of Living Shorelines, https://www.habitatblueprint.noaa.gov/wpcontent/uploads/2018/01/NOAA-Guidance-for-Considering-the-Use-of-Living-Shorelines_2015.pdf, published 2015, accessed October 9, 2024.
9 Ibid.
10 Ibid. 11 San Clemente, San Clemente Sand Replenishment, https://www.san-clemente.org/departments-services/planning-services/longrange-planning-projects/beach-restoration-project, updated 2024, accessed July 8, 2024. 1938
Local Hazard Mitigation Plan
City of San Clemente, California
Section 4, Hazards Assessment Page 4-11
Figure 4-2
Factors Affecting Coastal Erosion
Source: USGS, Factors that can affect coastal cliff erosion, Factors that can affect coastal cliff erosion. | U.S.
Geological Survey (usgs.gov), accessed July 11, 2024.
In general, the coastal cliffs in San Clemente have a high vulnerability to landslides and erosion though they are generally not exposed to direct wave attack due to the presence of the railroad and railroad revetment that runs the length of the City shoreline.
Current measurements of sea level rise at the nearest NOAA tide gage station at the Scripps Pier in La Jolla show a relative sea level trend is 2.23 millimeters/year with a 95% confidence interval of +/- 0.17 mm/yr based on monthly mean sea level data from 1906 to 2023, which is equivalent to a change of 0.73 feet in 100 years. At the present time in San Clemente, the key factor causing coastal erosion is therefore not sea level rise but a lack of sediment supply due to all natural sources of sand (creeks and rivers) being effectively cut off from reaching the coast.12 USGS predicts that the shores of City of San Clemente will have -1 to 1 m/year of sea level change in the short-term (less than 70 years).13
To track shoreline trends, the City of San Clemente collects shoreline profile data at 12 locations each spring and fall each year. Based on the conditions of the shoreline during the time of the 2023 surveys, the City commissioned a point in time critical hot spots analysis. The result was the 2023 San Clemente Nature-Based Adaptation Project Feasibility Study: Critical Erosion Hotspots Report (Critical Erosion Hotspots Report) identifies various shoreline reaches in the City 12 NOAA, Tides & Currents, https://tidesandcurrents.noaa.gov/sltrends/sltrends_station.shtml?id=9410170, accessed November 5, 2024.
13 USGS, Coastal Change Hazards Portal, https://marine.usgs.gov/coastalchangehazardsportal/, accessed October 10, 2024. 1939
Local Hazard Mitigation Plan
City of San Clemente, California
Section 4, Hazards Assessment Page 4-12
of San Clemente including Shorecliffs, Capistrano Shores, North Beach, City Beaches, Pier Bowl & T-Street, Boca Del Canon Beach, State Beaches, and Cyprus Shores (see Figure 4-3, San Clemente Shoreline Reaches & CFC Transect Locations (Coastal Frontiers Corporation, 2023).
Figure 4-3
San Clemente Shoreline Reaches & CFC Transect Locations (Coastal Frontiers Corporation, 2023)
Source: Moffatt & Nichol, San Clemente Nature-Based Adaptation Project Feasibility Study: Subtask 2.2 – Critical Erosion Hotspots Report, published June 23, 2023, accessed June 28, 2024.
The Critical Erosion Hotspots Report rates these areas as either critical, threatened, or stable (see Figure 4-4, Evaluation Criteria for Beach Condition Classifications). A reach is classified as critical when three or more of the parameters are evaluated as critical, or if at least two of the parameters are critical and two are in the threatened category. A reach is defined as threatened if two or more of the parameters are evaluated in the threatened category, or if at least one is critical. Lastly, a reach is classified as stable if none of the parameters is evaluated as critical and no more than one parameter is considered threatened.
The Critical Erosion Hotspots Report identified San Clemente’s Shorecliffs, Capistrano Shores, Mariposa Beaches, and Cyprus Shores to be critical erosion hotspots as of October 2022 (see Figure 4-5, Summary Matrix of Coastal Erosion Hotspots). Shorecliffs contains important infrastructure and natural resources at risk of loss if continued erosion and beach loss occurs.
The Capistrano Shores community contains the only residential infrastructure west of the LOSSAN railway, where potential failure of revetment structures fronting homes can occur due to 1940
Local Hazard Mitigation Plan
City of San Clemente, California
Section 4, Hazards Assessment Page 4-13
high wave events or increased erosive undermining. Mariposa Beaches has fully retreated to the railroad revetment and the beach elevation at the toe of the revetment is the lowest it has been on record. The Cyprus Shore reach is considered to be the most critically eroded portion of the City’s coastline. A deep-seated landslide landward of the railroad tracks in this reach has compromised the integrity of the tracks, thus OCTA had constructed a slope stabilization project in the middle of the reach.
Other shoreline reaches such as Linda Lane & Pier Bowl, T-Street, and North Beach Sub-Reach are considered to be threatened. The Linda Lane & Pier Bowl Sub-Reach has the highest economic and recreational value for the City as the area has beach infrastructure, the fishing pier, surfing resources and nearby businesses. T-Street reach is popular amongst beachgoers as due to quality of surfing and recreation, and the presence of a stable, wide, sandy beach accompanied by nearby parking and easy coastal access. North Beach contains beachside amenities such as an ADA access ramp, restroom facilities, concessions building, and playgrounds, and the City’s largest train stop is situated adjacent to this beach. The economic potential this reach holds for the City is second only to the Pier Bowl and T-Street reach. Other beaches such as the Boca Del Canon Beach and State Beaches are considered stable.14
Figure 4-4
Evaluation Criteria for Beach Conditions Classifications Source: Moffatt & Nichol, San Clemente Nature-Based Adaptation Project Feasibility Study: Subtask 2.2 – Critical Erosion Hotspots Report, published June 23, 2023, accessed October 10, 2024. 14 Moffatt & Nichol, San Clemente Nature-Based Adaptation Project Feasibility Study: Subtask 2.2 – Critical Erosion Hotspots Report, published June 23, 2023, accessed June 28, 2024. 1941
Local Hazard Mitigation Plan
City of San Clemente, California
Section 4, Hazards Assessment Page 4-14
Figure 4-5
Summary Matrix of Coastal Erosion Hotspots
Source: Moffatt & Nichol, San Clemente Nature-Based Adaptation Project Feasibility Study: Subtask 2.2 – Critical Erosion Hotspots Report, published June 23, 2023, accessed June 28, 2024.
The City of San Clemente’s 2019 Sea Level Rise Vulnerability Assessment discusses coastal erosion under three hypothetical sea level rise scenarios: 0.8 ft, 3.3 ft, and 4.9 ft.15 Under the 0.8 ft sea level rise scenario, projected to occur in 2030 to 2040, existing sandy beaches will erode and lose about half their width whereas beaches such as North Beach and Mariposa Point will erode completely up to the railroad. Under the 3.3 ft scenario, projected to occur in 2060 to 2100, most sandy beaches will be eroded up to the railroad while small beaches may exist seasonally and at low tide. Under the 4.9 ft scenario, projected to occur in 2070 to 2130, shoreline retreat could reach the coastal bluffs while parcels atop the bluff would be vulnerable to slope failure.
These sea level scenarios show limitations to coastal access, economic losses, and losses to local infrastructure and assume no action on the part of the City to conduct beach sand replenishment projects such as was conducted in 2024.
According to the City’s Coastal Erosion Hotspots Report, coastal erosion in the City dates back to the early 1980s. The following list outlines facts from Coastal Erosion Hotspots Report, along with identifying projects undertaken by the City to reduce the local impacts of coastal erosion:
x Until around the early 2000’s, lifeguard emergency response vehicles were able to navigate around Mariposa Point from the Marine Safety Headquarters adjacent to San 15 City of San Clemente California, Sea Level Rise Vulnerability Assessment, 2019, accessed October 11, 2024. 1942
Local Hazard Mitigation Plan
City of San Clemente, California
Section 4, Hazards Assessment Page 4-15
Clemente to North Beach, regardless of tide level. However, according to the Coastal Erosion Hotspot Report, lifeguards currently must wait until very low tide levels to traverse laterally across the beach around Mariposa Point. Loss of this accessway was a significant casualty for the San Clemente Marine Safety Department operations.16 x In 2005, approximately 5,000 cubic yards (cy) of sand was placed at North Beach. x In 2016, an additional 12,000 cy was placed in North Beach. x The City of San Clemente has an ongoing 50-year beach sand replenishing project as of 2024 with several others in the planning stages. The San Clemente Shoreline Project which is a 50-year partnership with the U.S. Army Corps of Engineers was completed in 2024 and placed 200,000 cubic yards of sand on the beach. x The North Beach Emergency Sand Replenishment Project was also completed in 2024.
The project placed 37,000 cy of Santa Ana River beach-quality sand to protect critical public infrastructure on the beach.
Additionally, the coast of San Clemente experienced a series of landslides over the last few years initiating evacuations, infrastructure and public trail closures, loss of property, and railroad service delays. See Section 4-11, Landslide and Slope Failure for more details.
No federally declared disasters related to coastal erosion have impacted the planning area within the last five years; refer to Table 4-28, Summary of Federally Declared Disasters Affecting the Planning Area.
Based on previous occurrences and observed risk, there is a high probability of future coastal erosion impacts in the future. The LHMP Planning Team assigned the probability of coastal erosion occurring as highly likely which has a 90% to 100% probability of occurrence in the next year or a recurrence interval of less than 1 year. The LHMP Planning Team assigned a high hazard planning consideration to the hazards and impacts associated with coastal erosion based a highly likely probability and likely expected impacts of future events. Throughout the planning area, much of the coastal areas is susceptible to coastal erosion and has already experienced impacts and loss.
Coastal counties produce more than $9.5 trillion in goods and service each year and support more than 58 million jobs in fishing, tourism, real estate, defense, and other industries.17 Coastal communities can face permanent inundation and flooding threats from climate change effects such as sea level rise, intense rains, high tide flooding, and severe storms.18 Climate change can cause coastal land losses to occur by turning dry land into wetlands or open water.19 In addition, more coastal erosion may increase along San Clemente coastal communities as well as impacting transportation services and infrastructure in the planning area. 16 Moffatt & Nichol, San Clemente Nature-Based Adaptation Project Feasibility Study: Subtask 2.2 – Critical Erosion Hotspots Report, published June 23, 2023, accessed June 28, 2024. 17 EPA, Climate Change Impacts on Coasts, https://www.epa.gov/climateimpacts/climate-change-impacts-coasts, updated November 16, 2023, accessed July 11, 2024.
18 Environmental Protection Agency, Climate Change Impacts on Coasts, https://www.epa.gov/climateimpacts/climate-changeimpacts-coasts, updated on November 16, 2023, accessed June 28, 2024. 19 Ibid.
1943
Local Hazard Mitigation Plan
City of San Clemente, California
Section 4, Hazards Assessment Page 4-16
As identified in the Critical Erosion Hotspots Report, San Clemente’s Shorecliffs, Capistrano Shores, Mariposa Beaches, and Cyprus Shore have been highlighted as critical erosion hotspots.
Additionally, other shoreline reaches such as Linda Lane & Pier Bowl, T-Street, and North Beach Sub-Reach, are considered to be threatened by coastal erosion as of this LHMP update. In fact, coastal erosion could directly impact and cause secondary impacts along the entire coastline of the City; therefore, all critical facilities, assets, and populations near the City shoreline are considered vulnerable to the coastal erosion hazard.
Increased coastal erosion could cause incidents of severe flooding to impact the planning area, leading to the displacement of residents and the destruction of homes and businesses. The economic impact would include significant losses in property value, tourism, and local businesses.
Overall, the potential social, economic, and environmental consequences of coastal erosion in the City could be far-reaching and require substantial investment in mitigation and adaptation strategies.
Changes in Vulnerability
Since the 2004 LHMP, population patterns, development and land use have substantially changed in the planning area. As discussed in Section 3.5, the City experienced a 27% growth in population between 2000 and 2010 due to the development of two new large residential communities (Talega and Sea Summit). Land use patterns and development trends during this period and within the last few years indicate a significant increase in vulnerability to the coastal erosion hazard.
Within the past five years, the City’s population has remained relatively stable due to limited changes in land use and development patterns within the planning area. United States Census Data reports a 2020 population of 64,293 individuals and a 2023 population of 62,313, representing a marginal decline of 3.1%. Generally, population and housing growth over the past five years has been concentrated within the urbanized areas of San Clemente.
At the time of this LHMP preparation, the City anticipates the majority of population growth, land use changes and redevelopment to occur within established and urbanized neighborhoods. The Pier Bowl, North Beach and North El Camino Real neighborhoods are located within potential coastal erosion vulnerability areas, placing these areas at additional risk to this hazard. As the entire coastline of the planning area would be vulnerable to coastal erosion, any projected population growth near the coast would increase the number of vulnerable individuals.
Section 3.8 of the LHMP includes a detailed determination of Socially Vulnerable Populations (SVPs) within the planning area and characteristics that make those populations more vulnerable to hazards. The impacts of coastal erosion would apply to all populations located along the coastline of the planning area, including SVPs within Census Tracts 42108, 42107, 42201; costburdened residents spending 30% or more of their income on housing, uninsured residents, minority populations, and populations over age five who speak English “less than well”; and tourists, seasonal visitors, and homeless populations. These SVPs are located throughout the planning area and face their own unique challenges to coastal erosion. The primary concern for SVPs in San Clemente is the compounding impacts that coastal erosion may have on coastal 1944
Local Hazard Mitigation Plan
City of San Clemente, California
Section 4, Hazards Assessment Page 4-17
flooding and how these impacts may affect SVPs. Specifically, the impacts of flooding or coastal storms due in part to coastal erosion may impact the identified SVPs within the planning area.
Cost-burdened families spending 30% or more of their income on housing face heightened vulnerability during disaster events due to limited financial resources for food, water, shelter, medical services, and other basic needs. In the event of coastal flooding caused by erosion, these residents may be unable to find alternative shelter if their homes are damaged. Uninsured residents in San Clemente are particularly at risk, as they lack the financial resources and insurance to recover from property or health impacts resulting from flooding due to coastal erosion. Minority populations, who have historically faced higher rates of chronic health conditions, may find access to healthcare critically urgent during the unstable circumstances of a disaster. Additionally, those who speak English less than well may struggle to access vital information and resources to assist them in evacuation during hazard events associated with coastal erosion.
Disabled patients in congregate care, assisted living facilities, or similar patient care environments are particularly vulnerable to the effects of coastal erosion. Their limited mobility and dependence on caregivers make evacuation extremely challenging when faced with rapidly rising water levels and flooding caused by coastal erosion. Their complex medical needs require continuous care and access to medications, which can be severely disrupted during such emergencies.
Communication barriers may prevent them from receiving or understanding emergency alerts about coastal erosion and incoming water, and many facilities may lack adequate infrastructure to withstand coastal flooding.
Tourists, seasonal visitors, and homeless populations are especially vulnerable, as they often lack the resources to relocate and adapt to sudden coastal flooding caused by erosion, making them more susceptible to displacement and loss of shelter during such hazards. The compounded effects of economic strain, health disparities, and inadequate access to information and resources underscore the severe potential impacts of coastal erosion on these socially vulnerable groups.
Considerations for SVPs throughout the planning area were incorporated into the mitigation strategy in Section 5.0. Specifically, the LHMP Planning Team tailored Mitigation Actions #4, #7 and #8, to mitigate the socioeconomic impacts of coastal erosion that may disproportionately impact SVPs in San Clemente.
A dam is an artificial barrier preventing the flow of water or a barrier built across a watercourse for impounding water. Dam failure is the uncontrolled release of impounded water from behind a dam. Flooding, earthquakes, blockages, landslides, lack of maintenance, improper operation, poor construction, vandalism, and terrorism can all cause dam infrastructure to fail. Dam failure causes downstream flooding of varying velocities that can result in loss of life and property.
Reservoirs are defined as an artificial lake, pond, impoundment, or tank, used to store water (both potable and non-potable). Reservoirs can be created on the surface by constructing dams to store water. Additionally, tank reservoirs can be constructed to store water above ground, on the surface, or below ground. Reservoir failure is the uncontrolled release of impounded water from a reservoir.
1945
Local Hazard Mitigation Plan
City of San Clemente, California
Section 4, Hazards Assessment Page 4-18
Dam or reservoir failures are most likely to happen for the following reasons:20 x Overtopping, caused by water spilling over the top of the dam, usually a precursor of dam failure because of inadequate spillway design, debris blockage of spillways, or settlement of the dam crest;
x Foundation defects, including settlement or slope stability; x Cracking caused by natural settling of a dam or seismic movements; x Inadequate maintenance and upkeep; and/or
x Piping, when seepage through a dam is not properly filtered, soil particles continue to progress and form sinkholes in the dam.
Because dam failure can have severe consequences, FEMA and Cal OES require all dam owners to develop an Emergency Action Plan (EAP) for warning, evacuation, and post-flood actions. In the event of a major dam failure, mutual aid from all levels of government would be required for an extended period. Recovery efforts would include the removal of debris, clearing roadways, demolishing unsafe structures, assistance in reestablishing public services, and providing continued care for the affected population. The Palisades Reservoir, the only reservoir in the planning area, is regulated by the South Coast Water District.21 x Reviewing and approving dam enlargements, repairs, alterations, and removals, and ensuring that the dam appurtenant structures are designed to meet minimum requirements;
x Performing independent analyses to understand dam and appurtenant structures performance (including structural, hydrologic, hydraulic, and geotechnical evaluations); x Overseeing construction to ensure work is performed in accordance with approved plans/specifications;
x Inspecting each dam on an annual basis to ensure safety and performance standards; and,
x Periodically reviewing the stability of dams/major appurtenances, as well as new findings regarding earthquake hazards and hydrologic estimates in California.
DSOD is responsible for assigning each jurisdictional dam a downstream hazard classification.
This classification is based only on potential downstream impacts to life and property, should the dam fail when operating with a full reservoir. This hazard status is not related to the condition of the dam or the likelihood of the dam to fail in either the short- or long-term. Additionally, dams in southern California usually do not operate at full capacity at all times of the year, and thus hazard risks and classifications are a worst-case scenario assessment. The DSOD definitions for downstream hazards are borrowed from the Federal Guidelines for Inundation Mapping of Flood Risks Associated with Dam Incidents and Failures, and are outlined in Table X-X, DSOD Downstream Hazard Potential Classification Levels.
20 Association of State Dam Safety Officials, Dam Failures and Incidents, https://damsafety.org/dam-failures, accessed July 5, 2024. 21 Goerie, Palisades Reservoir, (Orange County, CA), https://data.goerie.com/dam/california/orange-county/palisadesreservoir/ca00843/, accessed October 8, 2024. 1946
Local Hazard Mitigation Plan
City of San Clemente, California
Section 4, Hazards Assessment Page 4-19
Table 4-4
DSOD Downstream Hazard Potential Classification Levels
Downstream Hazard Potential
Classification Potential Downstream Impacts to Life and Property Low No probable loss of human life and low economic and environmental losses. Losses are expected to be principally limited to the owner’s property.
Significant No probable loss of human life but can cause economic loss, environmental damage, impacts to critical facilities, or other significant impacts.
High Expected to cause loss of at least one human life.
Extremely High Expected to cause considerable loss of human life or would result in an inundation area with a population of 1,000 or more.
Source: California Department of Water Resources, Division of Safety of Dams, Definitions of Downstream Hazard and Condition Assessment, https://water.ca.gov/-/media/DWR-Website/Web-Pages/Programs/All-Programs/Division-of-Safety-of-Dams/Files/Publications/Division-ofSafety-of-Dams-Definitions-for-Downstream-Hazard-and-Condition-Assessment.pdf, published September 2021, accessed July 5, 2024.
DSOD inspects dams once annually and provides a condition assessment. This condition assessment is a more accurate tool to evaluate infrastructure risk. DSOD uses the National Inventory of Dams (NID) condition rating definitions, with additional criteria, as a guideline in assigning condition assessments. This rating system is outlined in Table 4-5, DSOD Condition Assessment Rating Levels.
Dam or reservoir failure within highly urbanized areas like the City can be catastrophic and result in property damage, destruction, and loss of life. Reservoirs in Orange County are regularly inspected and monitored to ensure structural integrity and safety; thus, most issues are identified early and immediately rectified to prevent dam failure. Dam failures can also increase in magnitude and severity when coupled with other natural disasters. Earthquakes or heavy rains can threaten the structural integrity of dam/reservoir infrastructure and create challenging conditions for emergency response.
Table 4-5
DSOD Condition Assessment Rating Levels
Rating National Inventory of Dams Definitions California DSOD Additional Criteria Satisfactory No existing or potential dam safety deficiencies are recognized.
Acceptable performance is expected under all loading conditions (static, hydrologic, seismic) in accordance with the applicable regulatory criteria or tolerable risk guidelines.
None
Fair No existing dam safety deficiencies are recognized for normal loading conditions. Rare or extreme hydrologic and/or seismic events may result in a dam safety deficiency. Risk may be in the range to take further action.
Dam has a long-standing deficiency
that is not being addressed in a timely
manner.
Dam is not certified, and its safety is
under evaluation.
Dam is restricted and operation of the
reservoir at the lower level does not
mitigate the deficiency.
Poor A dam safety deficiency is recognized for loading conditions that may realistically occur. Remedial action is necessary. A poor rating may also be used when uncertainties exist as to critical analysis parameters that identify a potential dam safety deficiency. Further investigations and studies are necessary.
Dam has multiple deficiencies or a
significant deficiency that requires
extensive remedial work.
1947
Local Hazard Mitigation Plan
City of San Clemente, California
Section 4, Hazards Assessment Page 4-20
Rating National Inventory of Dams Definitions California DSOD Additional Criteria Unsatisfactory A dam safety deficiency is recognized that requires immediate or emergency remedial action for problem resolution.
None
Not Rated The dam has not been inspected, is not under State jurisdiction, or has been inspected but, for whatever reason, has not been rated.
None
Source: California Department of Water Resources, Division of Safety of Dams, Definitions of Downstream Hazard and Condition Assessment, https://water.ca.gov/-/media/DWR-Website/Web-Pages/Programs/All-Programs/Division-of-Safety-of-Dams/Files/Publications/Division-ofSafety-of-Dams-Definitions-for-Downstream-Hazard-and-Condition-Assessment.pdf, published September 2021, accessed July 9, 2024.
The geographic extent from dam or reservoir failure is dependent on the type of infrastructure and amount of water stored at the time of the hazard incident. There are no dams located within the planning area; however, the Palisades Reservoir is located within San Clemente and the inundation zone would potentially impact the City. Additional information on the Palisades Reservoir, which is the only facility with mapped inundation zones affecting the City, is listed in Table 4-6, Upstream Dams and Reservoirs affecting the City of San Clemente. Refer to Figure 4- 6, Dam Inundation Map for an illustration of inundation extent.
Table 4-6
Upstream Dams and Reservoirs Affecting the City of San Clemente Dam Name Dam Owner Location Hazard
Classification Type Size DSOD Rating
Palisades
Reservoir
South Coast
Water District
Inundation zone
within the City Extremely High Earthen Embankment
147
acre-feet Satisfactory
Source: California Department of Water Resources, Division of Safety of Dams, Dams within Jurisdiction of the State of California, https://resources.ca.gov/-/media/DWR-Website/Web-Pages/Programs/All-Programs/Division-of-Safety-of-Dams/Files/Publications/DAMSWITHIN-JURISDICTION-OF-THE-STATE-OF-CALIFORNIA-LISTED-ALPHABETICALLY-BY-COUNTY-SEPTEMBER-2023.pdf, published September 2023, accessed July 3, 2024.
1948
Local Hazard Mitigation Plan
City of San Clemente, California
Section 4, Hazards Assessment Page 4-21
Figure 4-6
Dam Inundation Map
1949
Local Hazard Mitigation Plan
City of San Clemente, California
Section 4, Hazards Assessment Page 4-22
The Palisades Reservoir, also known as the Bradt Reservoir, is located less than half a mile north of Interstate 5 in the westernmost area of San Clemente. The downstream hazard classification for the reservoir is extremely high and would potentially affect the commercial areas and residences to the southeast of the reservoir. The Palisades Reservoir provides up to 48 million gallons of potable water storage and is located at the Join Regional Water Supply System (JRWSS) operations facility.22 The reservoir was built in 1963 and was constructed with a lowlevel outlet, emergency outlet and an emergency spill way.23 The upstream watershed that contributes inflow to the Palisades Reservoir is the Prima Deschecha tributary. As a reservoir with an extremely high downstream hazard potential classification, the magnitude and extent of a failure would potentially be considerable. The inundation zone includes commercial and residential areas and would potentially displace a significant number of people. Additionally, inundation would potentially impact transportation infrastructure such as Interstate 5 as well as power and water infrastructure. This could lead to impacted evacuation efforts and power or water service disruptions during and after a reservoir failure and inundation event.
There are no previous occurrences within the planning district. However, major dam failures and recent crisis in California include the Baldwin Hills Dam failure and the Orville Dam Crisis. On December 14, 1963, the Baldwin Hills Dam located in the City of Los Angeles, suffered a catastrophic failure and flooded the surrounding residential areas. The sudden release resulted in five deaths and approximately $11 million in property damage.24 The incident triggered the State of California to update and implement dam safety standards, regulations, and inspection schedule. In the past 50 years, there have been few incidents in California as a result of these regulations.
The most recent major dam incident in California is the Oroville Dam Crisis in 2017.25 Erosion at the Oroville Dam emergency spillway threatened the structural integrity of the main weir and gate.
Over 188,000 people were evacuated from downstream areas; however, emergency repairs ultimately prevented dam failure. The crisis served as a reminder of the ongoing risk presented by dams and initiated additional inundation mapping and emergency preparedness planning for California dams.
No federally declared disasters related to dam failure events have impacted the planning area within the last five years; refer to Table 4-28, Summary of Federally Declared Disasters Affecting the Planning Area.
Given that dams upstream of the City have a DSOD rating of “satisfactory” and no historical emergencies, it has been determined that the probability of dam reservoir failure impacting the planning area in the future is considered unlikely. An unlikely probability means a less than 1% probability of occurrence in the next year or a recurrence interval of greater than every 100 years.
The LHMP planning team assigned a low hazard planning consideration to the hazards and 22 County of Orange and Orange County Operational Area, Emergency Operations Plan Dam and Reservoir Failure Annex, https://www.ochealthinfo.com/sites/hca/files/import/data/files/96197.pdf, published 2019, accessed July 9, 2024. 23 Ibid. 24 Lessons Learned From Dam Incidents and Failures, Case Study: Baldwin Hills Dam (California, 1963), Baldwin Hills Dam (California, 1963) | Case Study | ASDSO Lessons Learned (damfailures.org), published 2024, accessed July 9, 2024. 25 Vox, The crisis at Oroville Dam, explained, https://www.vox.com/science-and-health/2017/2/13/14598042/oroville-dam-floodevacuation, published February 15, 2017, accessed July 9, 2024. 1950
Local Hazard Mitigation Plan
City of San Clemente, California
Section 4, Hazards Assessment Page 4-23
impacts associated with dam reservoir failure based upon an unlikely probability and limited expected impacts of future events.
South Coast Water District provides emergency preparedness capabilities for a potential failure of the Palisades Reservoir in coordination with the Orange County Sheriff’s Department (OCSD) and Orange County Fire Authority (OCFA). The South Coast Water District, who manages the Palisades Reservoir, also participates in the Orange County Water and Wastewater MultiJurisdictional Hazard Mitigation Plan with most recent updates in 2019.26 Despite best planning efforts however, dam or reservoir failure resulting in flooding within the community could occur due to severe seismic activity. While the probability of future occurrences remains low, an incident has the potential to be destructive due to the urbanized nature of the City and the proximity to extremely high hazard dam and reservoirs.
Climate change could indirectly increase the likelihood of dam/reservoir infrastructure failure.
Increased severe storm events and flooding incidents could increase strain on dam/reservoir infrastructure, including those dams nearby the City. This is evidenced by the 2017 Oroville Dam Crisis triggered by an unusually high influx of water from snowmelt and repetitive rain events.27 These inputs overwhelmed soil storage leading to extreme runoff and resulting in erosion.
Incidents such as this one could increase “wear and tear” and require additional maintenance and infrastructure improvements to protect dam integrity and function. Severe storm events and increased temperatures resulting in rapid snowmelt both threaten to overwhelm dams/reservoirs.
Severe storm events could also oversaturate soils and compromise dam infrastructure.
The Palisades Reservoir is the only reservoir with an inundation zone that would impact the City.
The reservoir is located in the westernmost area of the City and the inundation zone would potentially impact critical facilities and infrastructure to the southeast. Vulnerable critical facilities include those that serve as community lifelines providing safety and security, water systems, and transportation. In total there are seven vulnerable critical facilities summarized below; refer to Table 4-7, Critical Facilities in a Dam Failure Hazard Zone.
Table 4-7
Critical Facilities in Dam Failure Hazard Zone
Map ID Name Asset Type Community Lifeline Replacement Value 20 Fire Station 50 Fire Service Safety and Security $1,630,720 45 Palisades Reservoir Potable Water Water Systems Not Available 60 San Diego Gas &
Electric Facility and
Service Yard
Utilities Safety and Security $4,064,100
90 M01 Outfall Wastewater
Management Water Systems Not Available
26 Municipal Water District of Orange County, Annex P, South Coast Water District, https://www.google.com/search?q=hazard+mitigation+south+coast+water+district+san+clemente+ca, published August 2019, accessed July 9, 2024.
27 UC San Diego, Scripps Institute of Oceanography, Researchers Identify Factor Behind 2017 Oroville Dam Spillways Incident, https ://scripps.ucsd.edu/news/researchers-identify-factor-behind-2017-oroville-dam-spillways-incident, published July 22, 2020, accessed April 11, 2023.
1951
Local Hazard Mitigation Plan
City of San Clemente, California
Section 4, Hazards Assessment Page 4-24
Map ID Name Asset Type Community Lifeline Replacement Value 92 Prima Deshecha
Canada Culvert (N El
Camino Real)
Highway/
Roadway/ Motor
Vehicle
Transportation $2,120,000
95 Prima Deshecha
Canada Culvert
(Avenida Vaquero
South)
Highway/
Roadway/ Motor
Vehicle
Transportation $848,000
98 Prima Deshecha
Canada Culvert
(Avenida Vaquero
North)
Highway/
Roadway/ Motor
Vehicle
Transportation $1,526,400
Additionally, commercial and residential areas would potentially be inundated by a Palisades Reservoir failure. Approximately 581 residential units are located within the dam failure hazard area. Vulnerable residential units multiplied by the average 2.7 persons per household for San Clemente indicates that approximately 1,569 people reside in the dam failure hazard zone.
Additionally, over 303 thousand square feet of non-residential structures are located within the dam failure hazard area. Refer to the dam failure vulnerability summary below for an overview of the vulnerable population, residential units, and non-residential area within San Clemente.
Potential impacts of a reservoir failure would include damaged buildings and infrastructure including critical facilities that provide power, water, emergency services and transportation infrastructure. A reservoir failure would potentially result in damaged homes, businesses, critical facilities and infrastructure. Potential impacts would include the displacement of a significant number of people, disruption of power and water services as well as impacted roads, including major transportation and evacuation corridors such as Interstate 5. These impacts would further hinder evacuation and emergency response.
1952
Local Hazard Mitigation Plan
City of San Clemente, California
Section 4, Hazards Assessment Page 4-25
People Residential Units Non-Residential
Square Footage
d ti l U
1,568.7 581
on Residential
303,081
Dam Failure Vulnerability Summary
Water System
Facilities
W
2 ter Sys
2 Systems & Infrastructure
0 0
0 3
The number of people, residential units, and non-residential development (square feet) located within the mapped dam inundation area.
The number of critical facilities categorized by community lifeline type located within the mapped dam inundation area.
Health & Medical
Facilities
Communications
Facilities
Safety & Security
Facilities
Hazardous
Materials Facilities
Transportation
Facilities
1953
Local Hazard Mitigation Plan
City of San Clemente, California
Section 4, Hazards Assessment Page 4-26
Changes in Vulnerability
Since the 2004 LHMP, population patterns, development and land use have substantially changed in the planning area. As discussed in Section 3.5, the City experienced a 27% growth in population between 2000 and 2010. Additionally, several master-planned communities were developed and completed, including Talega and Sea Summit, which span nearly 4,000 acres and bring 4,000 new residential units to the City. Past land use patterns and development trends indicate a significant increase in vulnerability to dam and reservoir in San Clemente since the previous LHMP was developed.
Within the past five years the population of San Clemente has remained relatively stable due to limited changes in land use and development patterns within the planning area. United States Census Data reports a 2020 population of 64,293 and a 2023 population of 62,313, representing a 3.1% population decline. Generally, population and housing growth over the past five years has been concentrated within the urbanized areas of San Clemente.
Looking forward, the City anticipates the majority of population growth and development to occur within the established and urbanized neighborhoods. Specifically, the Camino de los Mares neigbhorhood is located in the Palisades Reservoir inundation zone; therefore, population growth in this neighborhood would result in increased vulnerability. Based on anticipated population growth and development, it is reasonable to assume that vulnerability to dam and reservoir failure within San Clemente will increase over the 5-year planning period of this LHMP.
Section 3.8 includes a detailed determination of Socially Vulnerable Populations (SVPs) within the planning area and characteristics that make those populations more vulnerable to hazards.
Census tracts at risk of dam/reservoir failure generally do not include identified SVPs. The Palisades Reservoir inundation zone is located in the westernmost area of the City where social vulnerability is considered low and low-medium. However, the inundation zone abuts Census Tract 42201 which is identified by the CDC SVI as medium-high vulnerability. Additionally, SVPs and other high-risk individuals exist throughout the planning area and may be present within the reservoir inundation zone despite a census tract’s social vulnerability classification. Specific SVPs and high-risk individuals that may be present throughout the planning area and inundation zones include cost-burdened residents spending 30% or more of their income on housing, uninsured residents, minority populations, populations who speak English “less than well”, tourists, seasonal visitors, and homeless populations. The primary concern for SVPs and other high-risk individuals in the City would be evacuation efforts and access to emergency services and supplies.
Cost-burdened residents and uninsured residents are particularly vulnerable to the impacts of a nearby dam or reservoir failure. These communities may reside in areas more prone to flooding and may lack the financial resources to relocate or make necessary home improvements to withstand such disasters. Additionally, these populations may not have insurance to cover damages to their homes and assets following a dam failure. These populations may not have resources to seek medical care following a dam failure. These social and economic disparities can further hinder their ability to recover, leaving them at greater risk of long-term displacement and financial hardship following a dam failure.
1954
Local Hazard Mitigation Plan
City of San Clemente, California
Section 4, Hazards Assessment Page 4-27
Minority populations and populations that speak English less than well are more vulnerable to the impacts of dam and reservoir failure due to cultural and language barriers. Minorities and limited English populations may be more vulnerable to dam or reservoir failures due to language barriers, limited access to resources, and potential socioeconomic disadvantages. These factors can hinder their ability to receive timely warnings, understand evacuation instructions, and access emergency services. Ensuring preparedness, clear communication, and inclusive response plans are crucial to protect these communities effectively.
Disabled patients in congregate care, assisted living facilities, or similar patient care environments are particularly vulnerable to the effects of dam failure. Their limited mobility and dependence on caregivers make evacuation extremely challenging when faced with sudden and massive water release. Their complex medical needs require continuous care and access to medications, which can be severely disrupted during such emergencies. Communication barriers may prevent them from receiving or understanding emergency alerts about dam failures and incoming water.
Tourists, seasonal visitors, and homeless populations are particularly vulnerable during a nearby dam failure due to their unfamiliarity with the area and lack of established support systems. They may not be aware of evacuation routes or local emergency procedures, making it difficult for them to respond quickly. Additionally, they might not have access to timely information about the dam failure or the resources needed to cope with the aftermath. These factors make SVPs throughout San Clemente especially vulnerable to the impacts of a dam failure.
Considerations for SVPs throughout the planning area were incorporated into the mitigation strategy in Section 5. Specifically, the LHMP Planning Team tailored Mitigation Actions #4, #7, #8 and #11, to mitigate dam failure impacts on SVPs including issues related to preparedness, evacuations, and access to emergency services.
Drought is defined as a prolonged period of abnormally low rainfall, leading to a shortage of water.
Drought may also be defined by factors other than rainfall, including vegetation conditions, agricultural productivity, soil moisture, water levels in reservoirs, and stream flow. Droughts or water shortages are a gradual phenomenon, often occurring over multiyear periods and increasing with the length of dry conditions. When precipitation is less than normal for a period of time, the flow of streams and rivers declines, water levels in lakes and reservoirs fall, and the depth to water in wells increases. If dry weather persists and water supply problems develop, the dry period can become a drought. The term “drought” can have different meanings depending on how a water deficiency affects day to day activities. Drought is a complex natural hazard, reflected in the following four common definitions:28
x Agricultural – Agricultural drought is defined principally in terms of naturally occurring soil moisture deficiencies relative to water demands of plant life, usually arid crops. x Hydrological – Hydrological drought is related to the effects of precipitation shortfalls on stream flows and reservoir, lake, and groundwater levels. x Meteorological – Meteorological drought is defined solely on the degree of dryness, expressed as a departure of actual precipitation from an expected average or normal amount based on monthly, seasonal, or annual time scales. 28 NOAA, Definition of Drought, https://www.ncdc.noaa.gov/monitoring-references/dyk/drought-definition, accessed July 1, 2024. 1955
Local Hazard Mitigation Plan
City of San Clemente, California
Section 4, Hazards Assessment Page 4-28
x Regulatory (or socioeconomic) – Regulatory drought can occur when the availability of water is reduced due to imposition of regulatory restrictions on the diversion and export of water out of a watershed to another area.
Although climate is a primary contributor to hydrological drought, other factors such as changes in land use (i.e., deforestation), land degradation, and dam construction can affect the hydrological characteristics of a region. Because regions are geographically interconnected by natural systems, drought impacts may extend well beyond the borders of the precipitationdeficient area. Changes in land use upstream may alter hydrologic characteristics such as infiltration and runoff rates, resulting in more variable stream flow and a higher incidence of hydrologic drought downstream. Land use changes can alter water shortage frequencies, even when no change in precipitation occurred.29
Droughts cause public health and safety impacts, as well as economic, environmental, and social impacts. Public health and safety impacts are primarily associated with catastrophic wildfire risks and drinking water shortage risks. Examples of other impacts include costs to homeowners due to loss of residential landscaping, degradation of urban environments due to loss of landscaping, agricultural land fallowing and associated job loss, degradation of fishery habitat, and tree mortality with damage to forest ecosystems. Drought conditions can also result in damage to older infrastructure that is located within dry soils with potential to break or crack. Dead or dying vegetation poses a risk to falling and damaging structures and infrastructure systems.
Drought also results in drier brush and an increase in the size and severity of wildfires. Dry brush becomes significantly more flammable and increases the rate of wildfire spread. Extended drought conditions can also create challenges in procuring adequate amounts of water to fight wildfires. Further, water and wastewater infrastructure systems located within areas susceptible to wildfires are at a greater risk of being impacted. Damage or failure to water and wastewater infrastructure systems can significantly reduce or even interrupt service to customers. For more on wildfire hazards, refer to Section 4.15, Wildfire.
Droughts are widespread regional events that affect the entirety of the City of San Clemente. The geographic extent of drought conditions would extend to every resident and each jurisdictional partner within the planning area. Certain areas within the City may experience more severe drought impacts than others.
Drought severity and extent depends on numerous factors including duration, intensity, and geographic extent, as well as regional water supply demands by humans and vegetation. The magnitude of drought is usually measured by time and severity of the hydrologic deficit. The United States Drought Monitor provides weekly data identifying portions of the United States that are experiencing drought. The intensity of drought is categorized as one five classifications:
abnormally dry (D0), showing areas that may be going into or are coming out of drought, and four levels of drought: moderate (D1), severe (D2), extreme (D3), and exceptional (D4); refer to Table 4-8, Drought Severity Classification.
29 National Drought Mitigation Center, Drought Basics, https://drought.unl.edu/Education/DroughtBasics.aspx, accessed July 1, 2024.
1956
Local Hazard Mitigation Plan
City of San Clemente, California
Section 4, Hazards Assessment Page 4-29
Table 4-8
Drought Severity Classification
Category Downstream Hazard
Potential Classification Potential Downstream Impacts to Life and Property D0 Abnormally Dry
Going into drought: short-term dryness slowing planting, growth of crops or pastures. Coming out of drought: some lingering water deficits; pastures or crops not fully recovered.
D1 Moderate Drought
Some damage to crops, pastures; streams, reservoirs, or wells low, some water shortages developing or imminent; voluntary water-use restrictions requested.
D2 Severe Drought Crop or pasture losses likely; water shortages common; water restrictions imposed.
D3 Extreme Drought Major crop/pasture losses; widespread water shortages or restrictions.
D4 Exceptional Drought
Exceptional and widespread crop/pasture losses; shortages of water in reservoirs, streams, and wells creating water
emergencies.
Source: United States Drought Monitor, Drought Classification, https://droughtmonitor.unl.edu/About/AbouttheData/DroughtClassification.aspx, accessed July 2, 2024.
Figure 4-7, Drought Monitor Map, and Figure 4-8, Drought Statistics Table, identifies areas of drought by intensity. As of July 2024, the planning area has not been identified as subject to drought conditions according to the United States Drought Monitor. The Drought Monitor is not a forecast but looks backward; providing a weekly assessment of drought conditions based on how much precipitation did or did not fall.
1957
Local Hazard Mitigation Plan
City of San Clemente, California
Section 4, Hazards Assessment Page 4-30
Figure 4-7
Drought Monitor Map
Figure 4-8
Drought Statistics Table
Source: U.S. Drought Monitor, California, https://droughtmonitor.unl.edu/CurrentMap/StateDroughtMonitor.aspx?CA, accessed July 31, 2024.
1958
Local Hazard Mitigation Plan
City of San Clemente, California
Section 4, Hazards Assessment Page 4-31
Historically, the City of San Clemente and County of Orange have faced high susceptibility to the drought hazard. From June 2007 to December 2009, Orange County was classified by the National Drought Monitor as D3: Extreme Drought Conditions before gradually being downgraded to D0: Abnormally Dry conditions in December 2009. A statewide drought declaration was issued by the Governor in June 2008 in response to these conditions.
The most severe drought on record began in 2012 and continued through 2017. On January 17, 2014, the Governor of California declared a State drought emergency, and on April 1, 2015, the Governor announced the first-ever mandatory 25% Statewide water use reduction. As part of this reduction effort, the state proposed a series of actions to help save water, increase enforcement to prevent wasteful water use, streamline the State’s drought response, and invest in new technologies that would make California more drought resilient. At the time of the announcement, the volume of Sierra Nevada snowpack was approximately 14% of normal. By the end of May 2014, all of California was in a condition of “extreme” or “exceptional” drought. At the same time, the volume of the Sierra Nevada snowpack had decreased to less than 10% of normal and water stored in Lake Oroville, the major reservoir for the State Water Project, was at 58% of normal.30 After a series of winter rains, the Governor issued an executive order in April 2017 ending the drought emergency in Southern California, including Orange County.
California saw drought conditions reoccur in during 2020 and 2021. A proclamation of a State of Emergency was made by the Governor of California for Mendocino and Sonoma counties in April of 2021, and the proclamation was expanded during summer 2021 to include the majority of northern and central California.31 On October 19, 2021, the State of Emergency was again expanded, this time including Orange County.32 After two wet seasons in 2023 and 2024, the State of California no longer suffers from widespread drought and no active National Weather Service drought information statements are active in California.33 Figure 4-9, Historical Drought and Rain Cycles in California, shows the historical droughts that have occurred in California from 2000 through the present.
30 California Department of Water Resources, California’s Most Significant Droughts: Comparing Historical and Recent Conditions, February 2015.
31 Office of Governor Gavin Newsome, Governor Newsome Expands Drought Emergency to Klamath River, Sacramento-San Joaquin Delta, and Tulare Lake Watershed Counties, https://www.gov.ca.gov/2021/05/10/governor-newsom-expands-droughtemergency-to-klamath-river-sacramento-san-joaquin-delta-and-tulare-lake-watershed-counties/, published May 10, 2021, accessed July 10, 2024.
32 Office of Governor Gavin Newsom, Governor Newsom Expands Drought Emergency Statewide, Urges Californians to Redouble Water Conservation Efforts, https://www.gov.ca.gov/2021/10/19/governor-newsom-expands-drought-emergency-statewide-urgescalifornians-to-redouble-water-conservation-efforts/, accessed July 10, 2024. 33 Drought.gov, California,
https://www.drought.gov/states/california#:~:text=There%20are%20no%20active%20National%20Weather%20Service%20drought %20information%20statements%20for%20California., accessed July 10, 2024. 1959
Local Hazard Mitigation Plan
City of San Clemente, California
Section 4, Hazards Assessment Page 4-32
Figure 4-9
United States Seasonal Drought Outlook
Source: National Integrated Drought Information System, California, https://www.drought.gov/states/california#historical-conditions, accessed July 10,2024.
No federally declared disasters relating to drought have impacted the planning area within the last five years; refer to Table 4-28, Summary of Federally Declared Disasters Affecting the Planning Area.
California weather is classified by a typical dry and wet season. During the wet season, the state relies on heavy precipitation events to constitute the majority of the annual total rainfall, so the absence of any event can significantly impact water availability. Certain atmospheric circulation patterns define California’s temperature and precipitation extremes. Examining these patterns, researchers discovered that atmospheric conditions associated with extreme drought have become increasingly common in recent decades.34
Based on previous occurrences and climate trends in California, there is somewhat likely probability of drought affecting the City in the future, meaning a 1% to 10% probability of occurrence in the next year or a recurrence interval of 11 to 100 years. The LHMP planning team designated a medium hazard planning consideration for drought considering the likelihood of future events and historical occurrences.
The United States Seasonal Drought Outlook depicts large-scale trends based on United States Drought Monitor areas (intensities of D1 to D4), as shown in Figure 4-10, United States Seasonal Drought Outlook. The U.S. Seasonal Drought Outlook indicates no drought is likely to affect the City through October 2024.35
34 Stanford News, California drought patterns becoming more common, Stanford scientists say, https://news.stanford.edu/2016/04/01/drought-patterns-change-040116/, published April 1, 2016, accessed July 10, 2024. 35 NWS Climate Prediction Center, U.S Seasonal Drought Outlook, https://www.cpc.ncep.noaa.gov/products/expert_assessment/sdo_summary.php, accessed July 9, 2024. 1960
Local Hazard Mitigation Plan
City of San Clemente, California
Section 4, Hazards Assessment Page 4-33
Figure 4-10
United States Seasonal Drought Outlook
Source: National Weather Service Climate Prediction Center, U.S. Seasonal Drought Outlook, https://www.cpc.ncep.noaa.gov/products/expert_assessment/sdo_summary.php, accessed July 31, 2024.
Impacts of future droughts can be mitigated through water conservation efforts and other waterwise management practices taken by water purveyors. Previous occurrences of drought prompted actions to examine water storage, distribution, management, conservation, and use policies more closely. Water purveyors drafted administrative drought actions and implemented mechanisms allowing for administrative consistency in water conservation and drought regulations.
Climate change is a phenomenon that will likely exacerbate drought hazards. According to the 2023 California State Hazard Mitigation Plan, climate change is expected to affect California’s water supply conditions over the long term.36 While the City of San Clemente does not face 36 Cal OES, 2023 California State Hazard Mitigation Plan, chromeextension://efaidnbmnnnibpcajpcglclefindmkaj/https://www.caloes.ca.gov/wp-content/uploads/Hazard-Mitigation/Documents/2023- California-SHMP_Volume-1_11.10.2023.pdf, accessed July 8, 2024. 1961
Local Hazard Mitigation Plan
City of San Clemente, California
Section 4, Hazards Assessment Page 4-34
significant drought vulnerability at this time, the effects of climate change may increase the City’s overall vulnerability to the drought hazard through rising temperatures, reduced precipitation, and changes in ocean temperature.
Drought conditions would affect the entirety of the City, and therefore all City critical facilities, infrastructure systems, structures, residents, and businesses are considered vulnerable to the drought hazard. Droughts do not typically result in physical damage to buildings and infrastructure, thus critical facilities are not at risk of destruction or structural failure. Instead, drought could potentially limit the availability of water supplies to City residents and businesses.
Concerns with limited water supplies may affect City firefighters’ ability to fight wildfire effectively.
Furthermore, drought often coincides with the wildfire season and contributes to conditions conducive to wildfire, causing wildfire smoke.
Other effects of drought could be sustained by parks, landscaping, and grounds around commercial and residential facilities, as well as by various plant and animal species, which depend on a delicate meteorological balance to survive. The risk of damage to landscaping and the natural ecosystem, and potential economic impacts from increased water prices or an insufficient supply of water are concerns in addition to the effects of drought on exacerbating wildfire and consequently wildfire smoke conditions.
Changes in Vulnerability
Since the 2004 LHMP, population patterns, development and land use have substantially changed in the planning area. As discussed in Section 3.5, the City experienced a 27% growth in population between 2000 and 2010. Additionally, several master-planned communities were developed and completed, including Talega and Sea Summit, which span nearly 4,000 acres and bring 4,000 new residential units to the City. Land use patterns and development trends during this period indicate a significant increase in vulnerability to the drought hazard.
Within the past five years the City’s population has remained relatively stable due to limited changes in land use and development patterns within the planning area. United States Census Data reports a 2020 population of 64,293 individuals and a 2023 population of 62,313, representing a marginal decline of 3.1%. Generally, population and housing growth over the past five years has been concentrated within the urbanized areas of San Clemente.
At the time of this LHMP preparation, the City anticipates the majority of population growth, land use changes and development to occur within established and urbanized existing neighborhoods.
As the entirety of the planning area would be vulnerable to the drought hazard, any projected population growth would increase the number of vulnerable individuals.
Section 3.8 includes a detailed determination of Socially Vulnerable Populations (SVPs) within the planning area and characteristics that make those populations more vulnerable to hazards.
The impacts of drought would apply to the entirety of the planning area, including SVPs within Census Tracts 42108, 42107, 42201; cost-burdened residents spending 30% or more of their income on housing, uninsured residents, minority populations, and populations over age five who speak English “less than well”; and tourists, seasonal visitors, and homeless populations. These 1962
Local Hazard Mitigation Plan
City of San Clemente, California
Section 4, Hazards Assessment Page 4-35
SVPs are located throughout the planning area and face their own unique challenges to the drought hazard. The primary concern for SVPs and other high-risk individuals in the City would be food and water supply shortages due to prolonged drought conditions and access to emergency resources.
Cost-burdened families spending over 30% of their income on housing face additional vulnerability during disaster events due to limited financial resources for food, water, shelter, medical services, and other basic needs. Uninsured residents in San Clemente are considered socially vulnerable due to a lack of financial resources to both prepare for and recover from periods of water scarcity, increasing their overall vulnerability. Minority populations have historically faced higher rates of chronic health conditions, making them especially vulnerable if they are unable to be properly hydrated and nourished due to the primary and secondary impacts of drought events. Disabled patients in congregate care are particularly vulnerable to drought due to their limited mobility, dependence on caregivers, and complex medical needs. Tourists, seasonal visitors, and homeless populations can be affected by sudden water shortages and may lack access to consistent support services. Additionally, strained water supplies may lead to economic impacts and drought conditions may exacerbate wildfires; both of these impacts may disproportionately impact SVPs.
Considerations for SVPs throughout the planning area were incorporated into the mitigation strategy in Section 5.0. Specifically, the LHMP Planning Team tailored Mitigation Actions #7, #8 and #12, to mitigate the socioeconomic impacts of drought and water supply issues that may disproportionately impact SVPs in San Clemente.
Expansive soils are soils with the ability to expand or contract, changing in volume based on moisture content. Typical expansive soils are composed of expansive clay mineral that readily absorbs water and swells, leading to an increase in volume when wet, and shrinkage when dry.37 Expansive soils pose a particular risk within the southwestern United States, where large clay deposits are subject to alternating periods of rainfall and drought. As expansive soils expand and contract with changes in moisture, the shrink-swell process can cause fatigue and cracking for infrastructure placed directly on or within expansive soils. Expansive soils can be particularly damaging to infrastructure located underground including gas, electric, and water utilities.
Expansive soils underlying compact topsoil can lead to unstable slope conditions, eventually resulting in landslides. As expansive soil expands and contracts, compact topsoil creeps downhill.
Facilities built on slopes with underlying expansive soils are vulnerable to movement or damage from topsoil creep or landslides; refer to Section 4.11, Landslide and Slope Failure for further detail regarding the landslide hazard.
Orange County and the City of San Clemente have not been extensively or recently mapped for expansive soils, however, there are historical soil surveys and soil mapping resources that identify soils with characteristics that are conducive to expansive soils. In the 1970s, the United States 37 Encyclopedia of Engineering Geology, Expansive Soils, https://doi.org/10.1007/978-3-319-12127-7_118-1, published November 14, 201accessed August 13, 2024.
1963
Local Hazard Mitigation Plan
City of San Clemente, California
Section 4, Hazards Assessment Page 4-36
Department of Agriculture in coordination with the University of California Agricultural Experiment Station, conducted a major soil survey of Orange County and western Riverside County.38 The survey identified significant portions of the City of San Clemente that contain soils with clay material, refer to Figure 4-11, Soil Map of Orange County.
According to the Figure 4-11, Soil Map of Orange County, the geologic conditions of the City of San Clemente range from nearly level to “strongly sloping to steep” well drained clays on coastal foothills, “strongly sloping to very steep somewhat excessively drained and well drained sandy loams, loams, clay loams, gravely loams and cobbly loams on coastal foothills.” Of the 11,743.2 acres of the planning area, 26.7% is considered clay loam with 50% to 75% slopes and eroded. 39 Expansive soils are known to create unstable slope conditions, particularly where steep slopes exist. The higher clay content of the soil, coupled with steep slopes, makes the northern and northeastern areas of the City particularly susceptible to expansive soils and landslides.
Expansive soils can be widely dispersed and may also be present in low-lying alluvial basins surrounding the Santa Ana River where wash sediments have been deposited during rapid runoff events. As the City is located in coastal areas and hills the region could include soil deposits at higher risk for expansive soils. City facilities and infrastructure within areas of underlaying clay soils or on slopes, or within areas subject to flooding or landslides may be especially vulnerable to the effects of expansive soils, due to the increased soil movement common under these conditions. Facilities in areas of high fire risk may also be vulnerable, due to increased soil exposure following a fire.
38 United States Natural Resources Conservation Service, Soil Survey of Orange County and Western Part of Riverside County, California, Department of Agriculture, Soil Survey of Orange County and Western Part of Riverside County, California, https://archive.org/details/usda-general-soil-map-soil-survey-of-orange-county-and-western-part-of-riverside-countyca/page/n157/mode/2up, accessed August 15, 2024 39 United States Department of Agriculture, Natural Resources Conservation Service, Soil Map, https://websoilsurvey.nrcs.usda.gov/app/WebSoilSurvey.aspx, accessed August 19, 2024. 1964
Local Hazard Mitigation Plan
City of San Clemente, California
Section 4, Hazards Assessment Page 4-37
Figure 4-11
Soil Map of Orange County
Source: U.S. Department of Agriculture, General Soil Map Orange and Western Part of Riverside Counties, California https://archive.org/details/usda-general-soil-map-soil-survey-of-orange-county-and-western-part-of-riverside-countyca/page/n157/mode/2up, accessed August 15, 2024.
While soil surveys and mapping resources identify clays that are conducive to the shrink-swell cycle of expansive soils, no specific resource directly identifies expansive soils. The California Building Code includes specific regulations requiring soils tests in areas likely to have expansive soils as a way to locate such soils. According to California Building Code Section 1803A.5.3, Expansive Soil, soils meeting all four of the following provisions are considered expansive:
1. Plasticity index (PI) of 15 or greater, determined in accordance with ASTM D4318.
2. More than 10% of the soil particles pass a No. 200 sieve (75 μm), determined in accordance with ASTM D422.
3. More than 10% of soil particles are less than 5 micrometers in size, determined in accordance with ASTM D422.
4. Expansion index greater than 20, determined in accordance with ASTM D4829. 1965
Local Hazard Mitigation Plan
City of San Clemente, California
Section 4, Hazards Assessment Page 4-38
The severity of impacts from expansive soils can vary from cosmetic to functional and structural damage. Cosmetic damage affects only the physical appearance, such as cracking in plaster or drywall. Functional damages refer to situations where the use of the structure was impacted or otherwise diminished. Structural damage includes situations where an entire foundation or structure requires replacement. The magnitude of an expansive soil hazard depends on the kind of City infrastructure affected – impacts on a critical facility could significantly affect the City’s ability to respond to emergencies and disasters. Functional or structural dam or reservoir damage because of expansive soils could result in the inundation of downstream communities; refer to Section 4.6 for further details regarding dam/reservoir failure. Generally, once expansion has been verified as an issue, successful mitigation can be achieved through foundation reinforcement or through excavation and removal of expansive soils.
Although expansive soils are likely to exist within the City of San Clemente, there are no reported occurrences of substantial degradation of property or loss of life caused by expansive soils within the City. Expansive soils would likely be identified at a local level on a site-by-site basis and are typically alleviated by following current building codes. Small-scale incidents are more common and are typically rectified with updated building techniques. Historically, there are no known occurrences of infrastructure within the City being impacted by expansive soils.
No federally declared disasters related to expansive soils have impacted the planning area within the last five years; refer to Table 4-28, Summary of Federally Declared Disasters Affecting the Planning Area.
As expansive soils are closely associated with the landslide and slope failure hazard, the probability of expansive soils continuing to affect the City of San Clemente is considered likely. A likely probability means there is a 10% to 90% probability of occurrence in the next year or a recurrence interval of 1 to 10 years. The LHMP planning team assigned a medium hazard planning consideration to the hazards and impacts associated with expansive soils based upon a likely probability and expected impacts of future events.
Based on the soil survey of Orange County and parts of western Riverside County conducted in the 1970s, diverse soil types with expansive characteristics are known to exist within the City and will continue to exist into the future. The climatic processes that exacerbate expansive soils, including alternating periods of rainfall and drought, are also anticipated to continue and may cause the current shrink and swell cycles to be more significant.40 Historically, expansive soils have not caused significant impacts to critical facilities or other infrastructure in the City of San Clemente.
Potential impacts associated with expansive soils are typically addressed during site design and development review when constructing new infrastructure. This testing is required by California Building Code in order to mitigate against future problems caused by expansive soils. If potentially expansive soils are identified during the site development review process (which typically include 40 National Weather Service Climate Prediction Center, U.S. Seasonal Drought Outlook, https://www.cpc.ncep.noaa.gov/products/expert_assessment/sdo_summary.php, accessed August 15, 2024. 1966
Local Hazard Mitigation Plan
City of San Clemente, California
Section 4, Hazards Assessment Page 4-39
site-specific geologic studies) appropriate mitigation measures are required in accordance with the current California Building Code and other municipal regulations.
According to the 2023 California State Hazard Mitigation Plan, climate scientists studying California find that drought conditions are likely to become more frequent and persistent over the twenty-first century due to changing weather patterns such as more frequent and extended periods of high temperature conditions.41 With high temperatures likely to produce extended drought conditions, periods of intense rain are also likely to occur. According to research conducted by the University of California, Los Angeles, California will experience extremely wet and extremely dry seasons by the end of the century.42 As alternating patterns of wet and dry seasons become more pronounced, the expansive soils shrink-swell process will likely intensify, leading to a greater potential for structural damage.43 The City of San Clemente maintains a 2020 Urban Water Management Plan (UWMP), a Water Shortage Contingency Plan (WSCP), and Addendum to the 2015 UWMP to conserve water and reduce the burden on local groundwater, particularly in times of drought.
Historical soil surveys and soil mapping resources have identified soils with characteristics that are conducive to expansion throughout Orange County and the City of San Clemente. Based on these resources it is reasonable to assume that the entire City is potentially vulnerable to expansive soils. This vulnerability includes all City critical facilities, infrastructure systems, structures, residential and non-residential buildings and the entire population of 64,232 people.
Expansive soils may cause significant damage to City critical facilities and infrastructure systems.
This can lead to cracks in foundations, roads, and pipelines, disrupting utility and transportation services. Residential and non-residential buildings may experience structural damage, posing safety risks to the population. The operational efficiency of the City could be impacted, affecting public services and increasing maintenance costs. Emergency response and evacuation efforts might be hindered by damaged roads and utilities, delaying critical services. Restoration efforts would be more complex and costly, impacting the overall resilience and recovery of the City.
Changes in Vulnerability
Since the 2004 LHMP, population patterns, development and land use have substantially changed in the planning area. As discussed in Section 3.5, the City experienced a 27% growth in population between 2000 and 2010. Additionally, several master-planned communities were developed and completed, including Talega and Sea Summit, which span nearly 4,000 acres and bring 4,000 new residential units to the City. Past land use patterns and development trends indicate a significant increase in vulnerability expansive soils in San Clemente since the previous LHMP was developed.
41 California Governor’s Office of Emergency Services, 2023 California State Hazard Mitigation Plan, https://www.caloes.ca.gov/wpcontent/uploads/Hazard-Mitigation/Documents/2023-California-SHMP_Volume-1-Exec-Summary_11.10.2023.pdf, accessed October 10, 2024.
42 University of California Los Angeles Newsroom, Study forecasts a severe climate future for California, https://newsroom.ucla.edu/releases/california-extreme-climate-future-ucla-study, accessed August 15, 2024. 43 Comité Français de Mécanique des Sols et de Géotechnique, Climate Change Effects on Expansive Soil Movements, https://www.cfms-sols.org/sites/default/files/Actes/1159-1162.pdf, accessed August 15, 2024. 1967
Local Hazard Mitigation Plan
City of San Clemente, California
Section 4, Hazards Assessment Page 4-40
Within the past five years the population of San Clemente has remained relatively stable due to limited changes in land use and development patterns within the planning area. United States Census Data reports a 2020 population of 64,293 and a 2023 population of 62,313, representing a 3.1% population decline. Generally, population and housing growth over the past five years has been concentrated within the urbanized areas of San Clemente.
Looking forward, the City anticipates the majority of population growth and development to occur within established and urbanized neighborhoods. All neighborhoods in San Clemente would be potentially vulnerable to expansive soils. Based on anticipated population growth and development, it is reasonable to assume that vulnerability to expansive soils within San Clemente will increase over the 5-year planning period of this LHMP.
Section 3.8 includes a detailed determination of Socially Vulnerable Populations (SVPs) within the planning area and characteristics that make those populations more vulnerable to hazards.
The impacts of expansive soils would apply to the entirety of the planning area, including SVPs within Census Tracts 42108, 42107, 42201; cost-burdened residents spending 30% or more of their income on housing, uninsured residents, minority populations, and populations over age five who speak English “less than well”; and tourists, seasonal visitors, and homeless populations.
These SVPs are located throughout the planning area and face their own unique challenges to the expansive soils hazard and associated landslides and slope failure. The primary concern for SVPs and other high-risk individuals in the City would be landslide and slope failure events triggered by expansive soils, especially given the extremely high risk of landslides within the City.
Cost-burdened families spending 30% or more of their income on housing face additional vulnerability to expansive soils due to limited financial resources for necessary repairs in the event of a landslide, and limited resources for preventive measures. Uninsured residents in San Clemente face similar financial challenges to recover from property damage caused by soil movement. Uninsured populations also lack resources to help them withstand future impacts of expansive soils, increasing their overall vulnerability. Those who speak English less than well and minority populations may also struggle to access critical information about the risks and mitigation strategies for expansive soils. Disabled patients in congregate care are particularly vulnerable to expansive soils due to their limited mobility, dependence on caregivers, complex medical needs, and potential communication barriers for alert and warning measures. Additionally, tourists, seasonal visitors, and homeless populations can be affected by sudden ground shifts and may lack access to consistent support services. The economic impacts of property damage due to expansive soils can further strain already limited resources as the potential for landslides exacerbates these risks, disproportionately affecting socially vulnerable populations.