Agenda packet — San Clemente City Council, May 5, 2026 (part 3 of 3)

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City Council Special and Regular Meeting Minutes April 21, 2026

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

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

PLEDGE OF ALLEGIANCE
Dee Coleman led the Pledge of Allegiance.

1. Special Presentations
None.

2. Council Member Reports
Councilmember Cabral:
· Reported that he authored letters concerning legislation, the letters are on file with the City.
· Attended Orange County Fire Authority Board meetings. · Attended San Onofre Nuclear Generating Station (SONGS) meetings. · Attended a meeting regarding Golf Course Committee issues. · Announced that he will be attending a Cal Cities Orange County Division meeting this week.
· Announced the upcoming Southern California Association of Governments (SCAG) conference.
· Participated in a conference call with Acting Director Tom Homan with U.S.

Immigration and Customs Enforcement concerning locating unaccounted minors that have been detained.

Councilmember Wu:
· Attended the Orange County Sheriff’s Department Medal of Valor Ceremony on April 16, 2026.
· Attended the Orange County Mosquito and Vector Control District Board Meeting on April 16, 2026.
· Attended the ribbon cutting for Coral Thrift Shop in recognition of their 60th anniversary on April 17, 2026.

Councilmember Enmeier:
· Attended a movie premier for “Right Track” on April 18, 2026. · Attended the Cal Cities Coastal Leadership meeting on March 26, 2026. · Attended the 2nd Battalion 4th Marines Dining Out event on April 2, 2026. · Gave a lecture at University of California San Diego concerning San Clemente City Issues on April 7, 2026.
· Attended the Orange County Business Community Workforce Housing

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City Council Special and Regular Meeting Minutes April 21, 2026 Access and the creation of the Affordable Housing Access platform on April 8, 2026.
· Attended the Coastal Animal Services Authority Joint Powers Authority meeting on April 12, 2026.
· Announced that June 6, 2026 is California Adopt a Pet Day with Cal Animals and adoption fees will be waived and June is adopt a cat month and adoption fees for cats will be reduced.
· Announced that on May 3, 2026 Coastal Animal Services Authority will host a reduced cost vaccine and microchip clinic at the Dana Point Community Center.
· Met with Bella Collina on April 14, 2026.
· Attended the I-5 Freedom Network Fundraiser on April 19, 2026. · Announced that there will be an informational community meeting concerning the surveillance cameras on April 27, 2026 at 6:00 p.m. in the Fireside Room at the Community Center located at 100 Calle Seville, San Clemente. · Expressed his condolences for the passing of San Clemente Presbyterian Reverend Ricketts.

Mayor Pro Tem Knoblock:
· Attended a meeting with State Legislators concerning local issues on March 27, 2026.
· Attended the 2nd Battalion 4th Marines Dining Out event on April 2, 2026. · Attended the Orange County Sheriff’s Department Medal of Valor Ceremony on April 16, 2026.
· Attended the ribbon cutting for Coral Thrift Shop in recognition of their 60th anniversary on April 17, 2026.
· Held meeting with constituents concerning traffic issues.

Mayor Loeffler:
· Attended the Mayors Forum on April 2, 2026.
· Attended the PierPride meeting on April 2, 2026.
· Attended the 2nd Battalion 4th Marines Dining Out event on April 2, 2026. · Attended the Springtacular event at Vista Hermosa Sports Park on April 4, 2026.
· Met with the Australian Representative for the 2028 Olympics on April 7, 2026.
· Attended a briefing with City Manager Hall on April 7, 2026. · Attended a meeting with City Manager Hall concerning the Citizens Ballot Initiative on April 8, 2026.
· Attended the San Clemente Chamber of Commerce meeting on April 9, 2026.
· Attended a meeting with City Staff concerning parklets on Del Mar on April 13, 2026.
· Attended a San Clemente Chamber of Commerce mixer at Inka Mama's on April 14, 2026.

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City Council Special and Regular Meeting Minutes April 21, 2026 · Met with the British Consulate concerning the 2028 Olympics on April 15, 2026.
· Attended the Friends of San Clemente Beaches, Parks and Recreation meeting on April 16, 2026.
· Attended the Chamber of Commerce Young Innovators Mixer on April 16, 2026.
· Attended the Coffee Chat at the Dorothy Visser Senior Center on April 17, 2026.
· Attended the ribbon cutting for Coral Thrift Shop in recognition of their 60th anniversary on April 17, 2026.
· Attended the San Clemente Beach Clean-up at the San Clemente Pier on April 18, 2026.
· Attended the Holocaust Survivor Event on April 20, 2026. · Attended 100 year birthday celebrations at the Villas on April 21, 2026.

3. Oral Communications (Part 1)
Frank Cain, San Clemente, reported on bicycle accidents in front of Traffix Devices, Inc., submitted photographs which are on file with the City Clerk.

Traci Barr and Tracy Sutherland, San Clemente, displayed a flyer concerning a town hall meeting they are organizing related to the expansion of the Prima Deschecha Landfill. A hard copy of the flyer is on file with the City Clerk.

Ellie Hammargren, San Clemente, spoke on the conditions of San Clemente tennis courts; urged the City Council to take action to repair the Bonito Canyon tennis court.

Amanda Quintanilla narrated a PowerPoint presentation entitled "District Elections Disenfranchised candidates". A hard copy of the presentation is on file with the City Clerk.

Lois McNicoll spoke on a variety of issues in relation to the City.

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

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

5. Consideration of agendizing items requiring immediate action None.

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City Council Special and Regular Meeting Minutes April 21, 2026

6. Closed Session Report - City Attorney
Deputy City Attorney Burns provided the following Closed Session report:

No reportable action concerning:

CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Real Property Negotiations: APN: 690-552-06
Property: Richard T. Steed Memorial Park
City Negotiators: Andy Hall, City Manager, Brian Brower, Assistant City Manager, Samantha Wylie, Beaches, Parks and Recreation Director
Negotiating Parties: Rhinos Rugby
Under Negotiations: Price and terms for potential Financial Contribution for Development and Use Agreement

7. Staff Communications
None.

8. Public Hearings
8A. DE NOVO APPEAL HEARING OF PUBLIC HEARING PROJECT (PHP) 25-323, DEVELOPMENT PERMIT (DP) 25-324, AND CONDITIONAL USE PERMIT (CUP) 25-329, HANSON HOTEL
Mayor Loeffler opened the public hearing.

Community Development Director Atamian announced that staff is requesting continuation of the public hearing due to a defect in the noticing, stating that the public hearing notice for the proposed project site address was missing a digit.

Councilmember Wu disclosed a conversation with a resident expressing concerns regarding the proposed project.

Councilmember Enmeier disclosed a conversation with United 111 concerning the noticing defect.

Mayor Loeffler disclosed he met with the developer previously when the project was initially submitted concerning renderings of the proposed project.

Councilmember Cabral disclosed he has received communications regarding the proposed project.

Jamie Hall, Appellant, deferred his comments to the May 19, 2026 public hearing.

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

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City Council Special and Regular Meeting Minutes April 21, 2026 Ron Vanderhoff, California Native Plant Society, Orange County, expressed concerns regarding the plant species and habitat; spoke in support of denial to allow for a full environmental review.

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

Motion by Councilmember Wu, second by Mayor Pro Tem Knoblock, CARRIED 5-0, to renotice and reschedule the de novo public hearing to the Regular City Council meeting of May 19, 2026.

AYE: Cabral, Enmeier, Knoblock, Wu and Mayor Loeffler
NOE: None
8B. PUBLIC HEARING TO CONSIDER INTRODUCING (FIRST READING) OF ORDINANCE NO. 1804, FOR THE CONTINUANCE OF THE TEMPORARY

PARKLET PROGRAM AND AN AMENDMENT OF THE PARKLET DESIGN

STANDARDS AND TO CONSIDER THE PROJECT CATEGORICALLY

EXEMPT FROM THE REQUIREMENTS OF THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT
Mayor Loeffler opened the public hearing.

Councilmember Cabral, Mayor Pro Tem Knoblock, Councilmember Enmeier, and Mayor Loeffler disclosed that they have had conversations with residents and business owners, visited the site(s) and had communications with staff concerning the City's parklet program.

Community Development Director Atamian and Acting City Planner Rehm narrated a PowerPoint presentation entitled "Parklet Dining Program" and responded to City Council inquiries. A hard copy of the presentation is on file with the City Clerk.

Ellie Hammargren, San Clemente, spoke in support of continuation of the parklet program; urged the City to add additional bike parking on Avenida Del Mar.

Mikii Rathmann, San Clemente, commented on the potential impacts of parklets on businesses located on Avenida Del Mar.

Amanda Quintanilla expressed concerns regarding the design standards as it relates to liability for the City; spoke on the conditions of plants at the parklets.

Adriano Piazza spoke in support of parklets and the positive impacts to businesses.

Susie Lantz, San Clemente Chamber of Commerce, reported the results of the San Clemente Chamber of Commerce survey which showed support for the

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City Council Special and Regular Meeting Minutes April 21, 2026 parklets.

Alberto Ayala spoke in support of the parklets; suggested the City develop a designated employee parking area and expand the trolley program.

Donna Vidrine, San Clemente, spoke in support of continuing the parklet program.

Rick Anderson, San Clemente, spoke in support of the parklet program.

Kathy Ward, San Clemente, expressed concerns regarding the parklet program; urged the City Council to limit parklets to two parking spaces.

Korin Jennings, San Clemente, spoke in support of the parklet program.

Tyler Boden, spoke in support of the parklet program with the continuation of addressing impacts; announced the Chamber of Commerce will hold a meeting to discuss parklets at the San Clemente Outlets.

Wayne Eggleston spoke in support of the proposed modification of the parklet program.

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

Motion by Mayor Pro Tem Knoblock, second by Councilmember Wu, CARRIED 4-1 (Mayor Loeffler voting NOE), to:

1. Determine the Ordinance Categorically Exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections § 15321: Enforcement Actions by Regulatory Agencies, and Section § 15311: Accessory Structures.

2. Introduce, and conduct a first reading, by title only, of Ordinance No. 1804 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, AMENDING SECTION 17.28.206 OF THE SAN

CLEMENTE MUNICIPAL CODE, REGULATING TEMPORARY PARKLET

DINING, WHICH ESTABLISHES STANDARDS FOR OUTDOOR DINING
AREAS AND SUNSETS ON JANUARY 1, 2029; AND FINDING THIS

ACTION EXEMPT FROM CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTIONS 15311 AND
15321.

3. Modify the design standards, as outlined in exhibit B of Ordinance No. 1804, as follows:
a. Permit green, red, white and blue umbrellas to be used within the parklets

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City Council Special and Regular Meeting Minutes April 21, 2026 with one consistent color to be displayed within the parklet with no limitation to number of umbrellas.
b. Require post and cable railings.
c. No limit to the number of heaters allowed within a parklet, maintain the height restriction of heaters.

4. Require compliance of parklets to the new design standards by September 30, 2026 at the expense of the business/owner. The City will evaluate potential incentives for early compliance.

5. Additionally, the City Council directed that monthly billing of the parklets be added to the permit.

AYE: Cabral, Enmeier, Knoblock and Wu
NOE: Mayor Loeffler
Meeting Recessed
The meeting recessed at 7:56 p.m. and reconvened at 8:05 p.m. with all City Councilmembers present.
8C. PUBLIC HEARING - INTRODUCTION (FIRST READING) OF ORDINANCE NO. 1801 ADDING SECTION 12.28.025 TO THE SAN CLEMENTE MUNICIPAL

CODE RELATING TO MUNICIPAL GOLF COURSE TEE TIME

RESERVATIONS
Mayor Loeffler opened the public hearing.

All City Councilmembers disclosed they have received communications related to golf course tee time reservations.

There being no one desiring to speak, Mayor Loeffler closed the public hearing.

Motion by Councilmember Cabral, second by Councilmember Enmeier, CARRIED 5-0, to introduce, and conduct a first reading, by title only, of Ordinance No. 1801 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, ADDING SECTION 12.28.025 TO

THE SAN CLEMENTE MUNICIPAL CODE RELATING TO MUNICIPAL GOLF COURSE TEE TIME RESERVATIONS.

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

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City Council Special and Regular Meeting Minutes April 21, 2026 8D. PUBLIC HEARING ON WEED ABATEMENT 2026 - ORDER TO ABATE

NUISANCES BY HAVING WEEDS, RUBBISH, AND REFUSE, REMOVED

FROM VACANT AND UNOCCUPIED, DEVELOPED PROPERTIES, AND

FINDING THE PROJECT CATEGORICALLY EXEMPT FROM THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT
Mayor Loeffler opened the public hearing.

There being no one desiring to speak, Mayor Loeffler closed the public hearing.

Motion by Councilmember Cabral, second by Councilmember Enmeier, CARRIED 5-0, to adopt Resolution No. 26-57 entitled A RESOLUTION OF THE

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

THE DIRECTOR OF COMMUNITY DEVELOPMENT TO ABATE THE

NUISANCES BY HAVING WEEDS, RUBBISH, REFUSE AND DIRT REMOVED

FROM VACANT PROPERTIES AND UNOCCUPIED, DEVELOPED

PROPERTIES WITHIN THE CITY, NOTIFYING THE STATE, COUNTY, OR

ANY OTHER PUBLIC AGENCY, AND FINDING THE PROJECT

CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT (CEQA) UNDER SECTIONS 15301, 15308, AND 15321 OF THE CEQA GUIDELINES (14 CCR § 15301(h), CLASS 1: EXISTING FACILITIES, 15308, CLASS 8: ACTIONS BY REGULATORY AGENCIES FOR
PROTECTION OF THE ENVIRONMENT, AND 15321, CLASS 21:

ENFORCEMENT ACTIONS BY REGULATORY AGENCIES).

AYE: Cabral, Enmeier, Knoblock, Wu and Mayor Loeffler
NOE: None
8E. PUBLIC HEARING - INTRODUCTION (FIRST READING) OF AN ORDINANCE APPROVING ZONING AMENDMENT (ZA) 26-066, TO AMEND SAN
CLEMENTE MUNICIPAL CODE SECTION 16.50.010 RELATING TO URBAN LOT SPLITS, AND SECTION 17.86.010 RELATING TO TWO-UNIT

PROJECTS, CONSISTENT WITH HOUSING ELEMENT COMMITMENT AND

STATE LAW, AND FINDING THE PROJECT EXEMPT FROM THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT
Mayor Loeffler opened the public hearing.

There being no one desiring to speak, Mayor Loeffler closed the public hearing.

Motion by Councilmember Wu, second by Mayor Pro Tem Knoblock, CARRIED 5-0, to introduce, and conduct the first reading, by title only, of Ordinance No. 1805 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, APPROVING ZONING AMENDMENT (ZA) 26-066, TO AMEND SAN CLEMENTE MUNICIPAL CODE SECTION 16.50.010
RELATING TO URBAN LOT SPLITS, AND SECTION 17.86.010 RELATING TO

TWO-UNIT PROJECTS, CONSISTENT WITH HOUSING ELEMENT

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City Council Special and Regular Meeting Minutes April 21, 2026 COMMITMENT AND STATE LAW; AND FINDING THIS ACTION EXEMPT

FROM CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO PUBLIC RESOURCES CODE § 21083.3 AND CEQA GUIDELINES §§ 15183 and 15061(b)(3).

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

9. Unfinished Business
None.

10. New Business
10A. CALLING GENERAL MUNICIPAL ELECTION OF NOVEMBER 3, 2026 AND

ACTIONS RELATED THERETO
City Clerk Campagnolo reviewed the contents of the Administrative Report and responded to City Council inquiries.

Motion by Mayor Pro Tem Knoblock, second by Councilmember Wu, CARRIED 5-0, to adopt Resolution No. 26-58 entitled A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, CALLING FOR

THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 3, 2026, FOR THE ELECTION OF CERTAIN

OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES.

AYE: Cabral, Enmeier, Knoblock, Wu and Mayor Loeffler
NOE: None
Motion by Mayor Pro Tem Knoblock, second by Councilmember Wu, CARRIED 5-0, to Adopt Resolution No. 26-59 entitled A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, REQUESTING

THE BOARD OF SUPERVISORS OF THE COUNTY OF ORANGE TO

CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON
NOVEMBER 3, 2026, WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THAT DATE PURSUANT TO SECTION §10403 OF THE
CALIFORNIA ELECTIONS CODE.

AYE: Cabral, Enmeier, Knoblock, Wu and Mayor Loeffler
NOE: None
Amanda Quintanilla spoke in opposition to the 200 word limit.

Motion by Councilmember Enmeier, second by Councilmember Cabral, CARRIED 5-0, to adopt Resolution No. 26-60 entitled A RESOLUTION OF

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

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City Council Special and Regular Meeting Minutes April 21, 2026

ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE

PERTAINING TO MATERIALS SUBMITTED TO THE ELECTORATE AT THE MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 3, 2026.

AYE: Cabral, Enmeier, Knoblock, Wu and Mayor Loeffler
NOE: None
Tony Rubolino spoke on the verification of candidates ballot designation.

Motion by Mayor Loeffler, second by Mayor Pro Tem Knoblock, CARRIED 5-0 to table Resolution No. 26-61 and take no action.

AYE: Cabral, Enmeier, Knoblock, Wu and Mayor Loeffler
NOE: None
10B. CONSIDERATION OF PLACING A MEASURE ON THE NOVEMBER 3, 2026

BALLOT TO ESTABLISH TERM LIMITS FOR MAYOR AND RELATED

ACTIONS
City Clerk Campagnolo narrated a PowerPoint presentation and responded to City Council inquiries. A hard copy of the presentation is on file with the City Clerk.

Amanda Quintanilla opined that the mayor is a ceremonial position and should conform to the same term limits as a Councilmember.

Motion by Councilmember Enmeier, second by Mayor Loeffler, CARRIED 5-0, to continue this item to the May 5, 2026 Regular City Council meeting and direct staff to determine if there is a way that the City could designate the elected mayor as a City Councilmember and be subject to the same restrictions as Councilmembers (two four-year terms with a two-year break) regarding term limits without placing a measure on the November 2026 ballot.

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

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City Council Special and Regular Meeting Minutes April 21, 2026 10C. CITY COUNCIL ACTION UNDER ELECTIONS CODE SECTION 9215 IN

CONNECTION WITH THE CERTIFICATION OF A PETITION RELATED TO A SALES TAX MEASURE AND RELATED ACTIONS; AND A REVIEW OF THE

BALLOT MEASURE FOR EDUCATIONAL PURPOSES AND HOW THE
MEASURE, IF APPROVED, WOULD IMPACT THE CITY’S FINANCES AND

OPERATIONS
City Manager Hall narrated a PowerPoint presentation entitled "Review of Citizen's Initiative" and responded to City Council inquiries. A hard copy of the presentation is on file with the City Clerk.

Lois McNicoll spoke in opposition to additional taxes; requested a reading of the petition.

Mike Kay opined on education concerning the citizen's initiative by the City Council on social media.

Cameron Cosgrove spoke on the citizen's initiative.

Amanda Quintanilla narrated a PowerPoint presentation entitled "No Tax". A hard copy of the presentation is on file with the City Clerk.

Tony Rubolino spoke on the citizen's ballot initiative as it relates to comments made by supporters.

Motion by Mayor Loeffler, second by Mayor Pro Tem Knoblock, CARRIED 5-0, to direct staff to prepare a report under elections code section 9212 and return to the City Council at the Regular meeting of May 19, 2026.

AYE: Cabral, Enmeier, Knoblock, Wu and Mayor Loeffler
NOE: None
10D. SCHEDULING OF MEETINGS TO INTERVIEW AND APPOINT INDIVIDUALS

TO SERVE ON VARIOUS CITY COMMISSIONS AND COMMITTEES
The City Council scheduled interviews and appointments for City Commission and Committees prior to the Regular City Council meetings of June 2 and June 16, 2026 at 2:00 p.m.

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City Council Special and Regular Meeting Minutes April 21, 2026 10E. CONSIDERATION TO INTRODUCE (FIRST READING) AN ORDINANCE, AND

ADOPT AN URGENCY ORDINANCE, TO MODIFY AND STANDARDIZE THE

PARKING TIME LIMITS ON PORTIONS OF AVENIDA DEL MAR, NORTH &

SOUTH EL CAMINO REAL, NORTH & SOUTH OLA VISTA, AND THE CITY

OWNED PARKING LOT LOCATED AT THE SAN CLEMENTE LIBRARY AND COMMUNITY CENTER, WITH AMENDMENTS TO SECTION 28 OF THE
CITY’S TRAFFIC REGULATIONS, AND FINDING THE ORDINANCES

EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
Community Development Director Atamian narrated a PowerPoint presentation entitled "10E. Consideration of Ordinances to Standardize Downtown Parking Time Limits" and responded to City Council inquiries. A hard copy of the presentation is on file with the City Clerk.

Mikii Rathmann spoke in support of the proposed parking time limitations.

Tony Rubolino spoke in support of paid parking in the downtown area.

City Staff to evaluate additional opportunities for 20-minute parking stalls spaced along Avenida Del Mar.

Motion by Councilmember Enmeier, second by Mayor Loeffler, CARRIED 5-0, to introduce and conduct a first reading, by title only, of Ordinance No. 1806 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE AMENDING SECTION 28 OF THE CODIFICATION OF THE

TRAFFIC REGULATIONS OF SAN CLEMENTE, CALIFORNIA TO REPEAL

AND REPLACE CERTAIN TIME LIMITATIONS FOR PARKING ON PORTIONS

OF AVENIDA DEL MAR, NORTH & SOUTH EL CAMINO REAL, NORTH &

SOUTH OLA VISTA, AND THE CITY OWNED PARKING LOT AT THE SAN

CLEMENTE LIBRARY/ COMMUNITY CENTER, AND FINDING THE ACTION

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

AYE: Cabral, Enmeier, Knoblock, Wu and Mayor Loeffler
NOE: None
Motion by Councilmember Enmeier, second by Mayor Loeffler, CARRIED 4-1 (Councilmember Wu voting NOE), to find that immediate action and implementation of an Urgency Ordinance is necessary to preserve the public peace, health, and safety by improving parking availability and access in high-demand coastal and commercial areas during peak seasonal activity, and introduce, and adopt, by at least 4/5ths vote, Urgency Ordinance No. 1807 entitled AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE AMENDING SECTION 28 OF THE CODIFICATION

OF THE TRAFFIC REGULATIONS OF SAN CLEMENTE, CALIFORNIA TO

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City Council Special and Regular Meeting Minutes April 21, 2026

REPEAL AND REPLACE CERTAIN TIME LIMITATIONS FOR PARKING ON

PORTIONS OF AVENIDA DEL MAR, NORTH & SOUTH EL CAMINO REAL,

NORTH & SOUTH OLA VISTA, AND THE CITY OWNED PARKING LOT AT

THE SAN CLEMENTE LIBRARY/COMMUNITY CENTER, AND FINDING THE

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

AYE: Cabral, Enmeier, Knoblock and Mayor Loeffler
NOE: Wu
10F. INFORMATIONAL REPORT ON THE COMMUNITY SAFETY AND WELFARE COMMITTEE’S RECOMMENDATION REGARDING 72-HOUR PARKING
REGULATIONS, AND CONSIDERATION OF FURTHER ACTION.

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

Police Services Captain Chevalier responded to City Council inquiries.

Dee Coleman narrated a PowerPoint presentation concerning on street storage parking. A hard copy of the presentation is on file with the City Clerk.

Amanda Quintanilla opined on the feasibility of enforcement.

Alton Cullen, San Clemente, spoke in support of the enforcement of the 72 hour parking restriction
Motion by Mayor Loeffler, second by Councilmember Wu, CARRIED 5-0, to direct staff to return to City Council with an ordinance modifying the 72 hour parking regulations to require the vehicle to move a minimum 100 foot and install street sweeping signage. The ordinance should allow for vehicles in violation of the parking regulation be able to be towed.

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

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City Council Special and Regular Meeting Minutes April 21, 2026 10G. CONSIDERATION OF AN APPEAL OF A SPECIAL EVENT PERMIT DENIAL

FOR THE FESTIVAL OF FREERIDE / JETSKI CONTEST AND SPECIAL

EVENT PURSUANT TO SAN CLEMENTE MUNICIPAL CODE SECTION

12.34.100
Beaches, Parks and Recreation Director Wylie reviewed the contents of the Administrative Report and responded to City Council inquiries.

Dante Borruso, appellant, spoke on the proposed event and modifications he is willing to make to the event.

Tony Rubolino commented on the proposed event and application.

Amanda Quintanilla spoke in support of the denial.

Motion by Mayor Pro Tem Knoblock, second by Councilmember Enmeier, CARRIED 5-0, to suspend the appeal and direct Beaches, Parks and Recreation Director Wylie to arrange a meeting with the Ocean Festival to determine if they are interested in the potential for a jet ski exposition pilot program.

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

11. Consent Calendar
The City Council removed Agenda Item 11J and 11K for public comment.

A. City Council Minutes
Motion by Councilmember Wu, second by Councilmember Enmeier, CARRIED 5-0, to:
(1) APPROVE THE SPECIAL AND REGULAR CITY COUNCIL MEETING MINUTES OF MARCH 17, 2026.

AYE: Cabral, Enmeier, Knoblock, Wu and Mayor Loeffler
NOE: None
B. Commission/Committee Minutes
Motion by Councilmember Wu, second by Councilmember Enmeier, CARRIED 5-0, to:
(1) BEACHES, PARKS AND RECREATION COMMISSION REGULAR MEETING MINUTES OF FEBRUARY 10, 2026.
(2) DESIGN REVIEW SUBCOMMITTEE REGULAR MEETING MINUTES OF MARCH 11, 2026.
(3) PLANNING COMMISSION REGULAR MEETING MINUTES OF MARCH 18, 2026.

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City Council Special and Regular Meeting Minutes April 21, 2026 (4) DESIGN REVIEW SUBCOMMITTEE REGULAR MEETING MINUTES OF MARCH 25, 2026.
(5) DESIGN REVIEW SUBCOMMITTEE ADJOURNED MEETING MINUTES OF APRIL 1, 2026.
(6) PLANNING COMMISSION REGULAR MEETING MINUTES OF APRIL 8, 2026. (7) ZONING ADMINISTRATOR REGULAR MEETING MINUTES OF APRIL 9, 2026.

AYE: Cabral, Enmeier, Knoblock, Wu and Mayor Loeffler
NOE: None
C. Warrant Register
Motion by Councilmember Wu, second by Councilmember Enmeier, CARRIED 5-0, to:
(1) APPROVE WARRANT NOS.
610262 THROUGH 610391, PAID ON
3-13-26, IN THE AMOUNT OF $5,010,053.48
(2) APPROVE WIRE TRANSFER NOS.
3403 THROUGH 3408 AND WARRANT NOS.
610392 THROUGH 610590, PAID ON
3-20-26, IN THE AMOUNT OF $1,187,521.83
(3) APPROVE WARRANT NOS.
610591 THROUGH 610755, PAID ON
3-27-26, IN THE AMOUNT OF $2,196,293.69
(4) APPROVE WIRE TRANSFER NOS.
3409 THROUGH 3416 AND WARRANT NOS.
610756 THROUGH 610857, PAID ON
4-3-26, IN THE AMOUNT OF $1,361,550.32
(5) APPROVE HANDWRITE NO. 610858,
PAID ON 4-6-26, IN THE AMOUNT OF $378,224.06
(6) APPROVE WARRANT NOS.
610859 THROUGH 611020, PAID ON
4-10-26, IN THE AMOUNT OF $3,025,757.55
TOTAL WARRANT REGISTER $13,159,400.93
AYE: Cabral, Enmeier, Knoblock, Wu and Mayor Loeffler
NOE: None

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504
City Council Special and Regular Meeting Minutes April 21, 2026 Payroll Register
Motion by Councilmember Wu, second by Councilmember Enmeier, CARRIED 5-0, to:

APPROVE WARRANT NO. 998 THROUGH
1000, AND AUTOMATIC DEPOSIT ADVISES
110577 THROUGH 110923, FOR THE PERIOD
3-2-26 THROUGH 3-15-26, PAID ON 3-20-26,
IN THE AMOUNT OF $561,448.12
APPROVE WARRANT NOS. 1001
THROUGH 1003,AND AUTOMATIC
DEPOSIT ADVISES 110924 THROUGH
111266, FOR THE PERIOD 3-16-26
THROUGH 3-29-26, PAID ON 4-3-26,
IN THE AMOUNT OF $570,556.29
TOTAL PAYROLL REGISTER $1,132,004.41
AYE: Cabral, Enmeier, Knoblock, Wu and Mayor Loeffler
NOE: None
11D. ADOPT ORDINANCE 1803 (SECOND READING) AMENDING VARIOUS PORTIONS OF THE SAN CLEMENTE MUNICIPAL CODE TITLE 2 -
ADMINISTRATION AND PERSONNEL, TITLE 12 - STREETS, SIDEWALKS, AND PUBLIC SPACED, TITLE 16 - SUBDIVISIONS, AND TITLE 17- ZONING

ORDINANCE, FOR STREAMLINING AND CLEANUP PURPOSES, AND

FINDING THE ORDINANCE EXEMPT FROM THE REQUIREMENTS OF THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT
Motion by Councilmember Wu, second by Councilmember Enmeier, CARRIED 5-0, to Adopt Ordinance No. 1803 entitled AN ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, APPROVING ZONING AMENDMENT 25-547 AMENDING CERTAIN SECTIONS AND
TABLES OF TITLE 2 - ADMINISTRATION AND PERSONNEL, TITLE 12 - STREETS, SIDEWALKS, AND PUBLIC SPACES, TITLE 16 - SUBDIVISIONS, AND TITLE 17 - ZONING OF THE SAN CLEMENTE MUNICIPAL CODE; TO

STREAMLINE REVIEW PROCESSES FOR VARIOUS TYPES OF PROJECTS, AND CLARIFY CODE SECTIONS; AND FINDING THIS ACTION EXEMPT

FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER STATE CEQA GUIDELINES SECTIONS 15378(B)(2) AND 15378(B)(5).

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

Page 17 of 26 ends

505
City Council Special and Regular Meeting Minutes April 21, 2026 11E. CONTRACT AWARD - FY 2026 LOCAL STREET IMPROVEMENT PROGRAM,

AND FINDING THE PROJECT CATEGORICALLY EXEMPT FROM THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT
Motion by Councilmember Wu, second by Councilmember Enmeier, CARRIED 5-0, to:

Adopt Resolution No. 26-69, which will:

1. Find the FY 2026 Local Street Improvement Program categorically exempt from the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities, 14 CCR section 15301) of the State CEQA Guidelines.

2. Award the FY 2026 Local Street Improvement Program, CIP Project No. 16322, contract to All American Asphalt.

3. Approve, and authorize the City Manager to execute, Contract No. C26-28 by and between the City of San Clemente and All American Asphalt, providing for the FY 2026 Local Street Improvement Program, in an amount not to exceed $571,935 Contract No. 26-28(Attachment 2).

AYE: Cabral, Enmeier, Knoblock, Wu and Mayor Loeffler
NOE: None
11F. CONTRACT AWARD - PRODUCTION OF THE CITY’S ANNUAL FOURTH OF

JULY FIREWORKS DISPLAY, AND FINDING THE ACTION EXEMPT FROM

THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
Motion by Councilmember Wu, second by Councilmember Enmeier, CARRIED 5-0, to:

Adopt Resolution, No. 26-70, which will:

1. Find the activity categorically exempt from the California Environmental Quality Act (CEQA) under Class 23 of the CEQA Guidelines, Section 15323 (Normal Operations of Facilities for Public Gatherings, 14 CCR 15323).

2. Award a three-year Professional Services Agreement to Fireworks & Stage FX America, LLC for the production of the City’s annual Fourth of July fireworks show for the years 2026 through 2028 in a total contract amount not to exceed $185,000.

3. Approve, and authorize the City Manager to execute, Contract No. C26-29, by and between the City of San Clemente and Fireworks & Stage FX America, LLC., providing for the production of the City’s annual Fourth of July fireworks show for the years 2026 through 2028, in a total contract amount not to exceed $185,000.

Page 18 of 26 ends

506
City Council Special and Regular Meeting Minutes April 21, 2026 AYE: Cabral, Enmeier, Knoblock, Wu and Mayor Loeffler
NOE: None
11G. CONTRACT AWARD - REPLACEMENT OF THE FIRE SUPPRESSION SYSTEM AT BUILDING “K”, AND FINDING THE PROJECT EXEMPT FROM

THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
Motion by Councilmember Wu, second by Councilmember Enmeier, CARRIED 5-0, to:

Adopt Resolution No. 26-71, which will:

1. Find the project categorically exempt from the California Environmental Quality Act (CEQA) under Class 1, Section 15301 (Existing Facilities, 14 CCR 15301) of the state CEQA Guidelines.

2. Award a contract to United Building & Development Services, LLC., in the amount of $175,025, for demolition, removal, and installation of a clean agent fire suppression system.

3. Approve, and authorize the City Manager to execute, Contract No. C26-30, by and between the City of San Clemente and United Building & Development Services, LLC., providing for demolition, removal, and installation of a clean agent fire suppression system, in an amount not to exceed $175,025.

AYE: Cabral, Enmeier, Knoblock, Wu and Mayor Loeffler
NOE: None
11H. CONTRACT AWARD - COSTERO RISCO PRESSURE REDUCING STATION

REHABILITATION, AND FINDING THE PROJECT CATEGORICALLY

EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
Motion by Councilmember Wu, second by Councilmember Enmeier, CARRIED 5-0, to:

Adopt Resolution No. 26-72, which will:

1. Find the Costero Risco Pressure Reducing Station Rehabilitation, CIP Project No. 11404 categorically exempt from the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities, 14 CCR section 15301) of the State CEQA Guidelines.

2. Award the Costero Risco Pressure Reducing Station Rehabilitation contract to Oppenheimer National.

3. Approve, and authorize the City Manager to execute, Contract No. C26-31,

Page 19 of 26 ends

507
City Council Special and Regular Meeting Minutes April 21, 2026 by and between the City of San Clemente and Oppenheimer National, providing for the Costero Risco Pressure Reducing Station Rehabilitation, in an amount not to exceed $124,150, Contract No. C26-31 (Attachment 2).

AYE: Cabral, Enmeier, Knoblock, Wu and Mayor Loeffler
NOE: None
11I. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE,

CALIFORNIA, APPROVING A WASTE INFRASTRUCTURE SYSTEM

ENTERPRISE (WISE) AGREEMENT WITH ORANGE COUNTY WASTE AND RECYCLING (OCWR), APPROVING A FIRST AMENDMENT TO 2ND

AMENDED AND RESTATED AGREEMENT BETWEEN THE CITY OF SAN

CLEMENTE AND CR&R, INC, AUTHORIZING THE CITY MANAGER TO

EXECUTE THE AGREEMENTS AND FINDING THE CONTRACTS

CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT UNDER CLASS 1 (EXISTING FACILITIES, 14 CCR 15301), SECTION 15301 OF THE STATE CEQA GUIDELINES
Motion by Councilmember Wu, second by Councilmember Enmeier, CARRIED 5-0, to:

Adopt Resolution No. 26-73, which will:

1. Find the project categorically exempt from the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities, 14 CCR 15301) of the state CEQA Guidelines.

2. Approve the Waste Infrastructure System Enterprise Agreement (WISE) Agreement with the County of Orange for municipal solid waste disposal rates and services.

3. Approve the First Amendment to the 2nd Amended and Restated Agreement between the City and CR&R.

4. Approve, and authorize the City Manager to execute, Contract No. C26-32, WISE Agreement, by and between the City of San Clemente and the County of Orange for municipal solid waste disposal rates and services.

5. Approve, and authorize the City Manager to execute, Amendment No.1 to Contract No. C24-64, 2nd Amended and Restated Agreement, by and between the City of San Clemente and CR&R Incorporated for Solid Waste Handling Services.

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

Page 20 of 26 ends

508
City Council Special and Regular Meeting Minutes April 21, 2026 11L. CONSIDERATION OF A RESOLUTION IN SUPPORT OF ASSEMBLY BILL 1954 (AB1954), REGULATING THIRD-PARTY GOLF RESERVATION

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

1. Adopt Resolution No. 26-76 entitled A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA,
SUPPORTING ASSEMBLY BILL 1954 (AB 1954) REGARDING

REGULATION OF THIRD-PARTY GOLF RESERVATION SERVICE
PLATFORMS.

2. Authorize the Mayor to execute, and staff to submit a letter of support for Assembly Bill 1954.

AYE: Cabral, Enmeier, Knoblock, Wu and Mayor Loeffler
NOE: None
11M. CONSIDERATION OF A RESOLUTION ENCOURAGING THE STATE OF

CALIFORNIA, SPECIFICALLY THE GOVERNOR, TO TAKE SWIFT

AFFIRMATIVE ACTION TO ADDRESS CONCERNS RELATED TO

MICROPLASTICS
Motion by Councilmember Wu, second by Councilmember Enmeier, CARRIED 5-0, to adopt Resolution No. 26-77 entitled 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.

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

Page 21 of 26 ends

509
City Council Special and Regular Meeting Minutes April 21, 2026 11N. CONSIDERATION OF A RESOLUTION APPROVING FINAL PARCEL MAP 2024-139, 245 WEST EL PORTAL DUPLEX CONDOMINIUM SUBDIVISION Motion by Councilmember Wu, second by Councilmember Enmeier, CARRIED 5-0, to:

Adopt Resolution No. 26-78, which will:

1. Approve 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.

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

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.

AYE: Cabral, Enmeier, Knoblock, Wu and Mayor Loeffler
NOE: None
11O. CONSIDERATION OF A RESOLUTION AUTHORIZING A PARTNERSHIP

AGREEMENT WITH THE SAN CLEMENTE VILLAGE FOR THE USE OF CITY

FACILITIES
Motion by Councilmember Wu, second by Councilmember Enmeier, CARRIED 5-0, to adopt 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.

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

Page 22 of 26 ends

510
City Council Special and Regular Meeting Minutes April 21, 2026 11P. 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
Motion by Councilmember Wu, second by Councilmember Enmeier, CARRIED 5-0, to 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.

AYE: Cabral, Enmeier, Knoblock, Wu and Mayor Loeffler
NOE: None
11Q. INFORMATIONAL REPORT ON THE EMERGENCY MANAGEMENT

STRATEGIC PLAN AND COMMUNITY SAFETY AND WELFARE COMMITTEE

RECOMMENDATION
Motion by Councilmember Wu, second by Councilmember Enmeier, CARRIED 5-0, to receive and file the Administrative Report dated April 21, 2026 and on file with the City Clerk.

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

Page 23 of 26 ends

511
City Council Special and Regular Meeting Minutes April 21, 2026

ITEMS REMOVED FROM THE CONSENT CALENDAR FOR PUBLIC COMMENT 11J. 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.

Amanda Quintanilla commented on the proposed Memorandum of Understanding.

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

Adopt Resolution No. 26-74, which will:

1. Approve an exemption to the formal solicitation process within the City’s Purchasing Policy (Section XI A.1.1.14).

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).

3. Approve, and authorize the City Manager to execute, Contract No. C26-33, Memorandum of Understanding, by and between the City of San Clemente and the California Joint Powers Insurance Authority, providing for 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, in an amount not to exceed cost to the City of $263,350.

4. Approve a supplemental appropriation of $263,350 from General Fund Balance to Account No. 001-421-43890.

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

Page 24 of 26 ends

512
City Council Special and Regular Meeting Minutes April 21, 2026 11K. CONSIDERATION OF RESOLUTION APPROVING A FUNDRAISING

AGREEMENT FOR THE PIER UNDERPASS/ENTRANCE
Amanda Quintanilla expressed concerns regarding the proposed landcaping alterations.

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

1. Adopt 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.

2. Approve, and authorize the City Manager to execute, Contract No. C26-34, a Fundraising Agreement, by and between the City of San Clemente and PierPride, dba San Clemente Pier Conservancy, for the pier underpass/entrance project.

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

12. Oral Communications (Part 2)
Tony Rubolino narrated a PowerPoint presentation entitled "Eric Swalwell and his ties to San Clemente". A hard copy of the presentation is on file with the City Clerk.

13. Future Agenda Items
None.

14. Reports
A. City Attorney
None.

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

1. Second Amendment - AmeriNational Community Services LLC providing for loan servicing for CDBG Rehab Loan Program in an amount not to exceed $39,000.

Page 25 of 26 ends

513
City Council Special and Regular Meeting Minutes April 21, 2026

2. Ascent Environmental providing for Climate Action Plan Progress Report and Supplemental Update in the amount of $70,000.

3. Ace Parking providing parking enforcement in an amount not to exceed $74,750
North Beach Pedestrian Improvements
Public Works Director/City Engineer Rebensdorf narrated a PowerPoint presentation entitled "14B. City Manager Report North Beach Pedestrian Imporvements" and responded to City Council inquiries. A hard copy of the presentation is on file with the City Clerk.

15. Adjournment
Motion by Mayor Loeffler, second by Councilmember Enmeier, CARRIED 5-0, to adjourn at 10:48 p.m. in memory of Retired Orange County Fire Authority Captain Nick Maule to an Adjourned Regular Meeting to be held on May 1, 2026 for the purpose of conducting the State of the City address. The meeting will be held at Bella Collina located at 200 Avendia La Pata, San Clemente 92673. The next Regular City Council meeting will be held on May 5, 2026.

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

Page 26 of 26 ends

514
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: May 5, 2026 Agenda Item: (1)
515

CITY OF SAN CLEMENTE
Investment Advisory Committee Minutes
Regular Meeting – January 26, 2026
A Regular Meeting of the City of San Clemente Investment Advisory Committee was called to order by City Treasurer, Charlie Smith, on January 26, 2026 at 5:33 p.m. in the Community Conference Room at City Hall, 910 Calle Negocio, San Clemente, California.

PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Art Carter.

ROLL CALL
PRESENT: Investment Advisory Committee Members:

Charlie Smith, Victor Cabral, Jeff Willardson, Matthew Koelliker, Chad Ahearn Staff:

Sheryl Mariano, Sandee Chiswick, Melissa Anderson, Brian Brower ABSENT: None.

CHANDLER REPRESENTATIVE: Jayson Schmitt
PUBLIC: Art Carter
(1) MEMBER RECOGNITION
The committee recognized outgoing member Art Carter for his 24 years of service on the Investment Advisory Committee. Art also served on the Golf Committee prior to joining the Investment Advisory Committee. A plaque was presented in appreciation of his dedication and contributions. Art thanked the committee, and photos were taken. (2) APPROVAL OF MINUTES
Minutes from the October 27, 2025 and November 10, 2025 meetings were reviewed.

Motion to approve was made by Matthew Koelliker, seconded by Jeff Willardson.

Carried 5-0.
(3) QUARTERLY INVESTMENT REPORT
The Second Quarter Investment Report was introduced by City Treasurer Charlie Smith. Jayson Schmitt, representative from Chandler Asset Management reviewed the report with the committee and answered questions. Motion to approve was made by Jeff Willardson, seconded by Victor Cabral. Carried 5-0. (4) APPROVAL OF NEW BROKER-DEAL - ACADEMY SECURITIES
The committee discussed Academy Securities’ qualifications and due diligence materials. Staff confirmed required processes for adding broker-dealers. Motion to 516
Investment Advisory Committee Minutes January 26, 2026 Page 2 approve the addition of Academy Securities to the approved broker list was made by Matthew Koelliker, seconded by Chad Ahearn. Carried 5-0. (5) DRAFT RFP - INVESTMENT MANAGEMENT & ADVISORY SERVICES (Chandler representative stepped out during discussion to avoid conflict-of-interest.) The committee reviewed the draft Request for Proposal for Investment Management Services. Revisions were discussed and agreed upon. Motion to approve with proposed edits was made by Jeff Willardson, seconded by Matthew Koelliker. Carried 5-0. (6) CITY TREASURER DISCUSSION
Charlie Smith opened a discussion on next steps for CSCERP, the City’s non-CalPERS retirement plan. Brian Brower explained that the Pension Investment Policy is outdated and still assigns oversight to a committee that no longer exists. He plans to bring an updated policy to the City Council in February to place responsibility with the Investment Advisory Committee.
(7) PUBLIC INPUT
None.

ADJOURNMENT
Motion was made by Matthew Koelliker, seconded by Chad Ahearn, carried 5-0 to adjourn to a Special Meeting to be held on March 9, 2026 at 5:30 pm in the Community Conference Room at City Hall, 910 Calle Negocio, San Clemente, California. _________________________________
Charlie Smith
Chair, Investment Advisory Committee
517
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: May 5, 2026 Agenda Item: (2)
518
Scheduled for consideration by the Arts and Culture Committee at its regular meeting on April 27, 2026.

CITY OF SAN CLEMENTE

MINUTES OF THE

ARTS AND CULTURE COMMITTEE

REGULAR MEETING
MONDAY, JANUARY 26, 2026, 5:00 P.M.

Chair Greco called the Regular Meeting of the Arts and Culture Committee of the City of San Clemente to order on Monday, January 26, 2026, at 5:04 p.m. at the City Hall Council Chambers located at 910 Calle Negocio, San Clemente, CA. Chair Greco led the Pledge of Allegiance.

PRESENT Greco, Fowler, Hirschman, Quintanilla
ABSENT Crays, Koehler, Paskowitz
Paskowitz joined the dais at 5:07 p.m.

STAFF PRESENT Samantha Wylie, Beaches, Parks and Recreation Director Debbie Fields, Administrative Assistant

1. APPROVAL OF MINUTES
A. October 27, 2025, Arts and Culture Committee Regular Meeting Minutes Motion by Vice Chair Hirschman, seconded by Committee Member Fowler, CARRIED 4-0-1, Committee Members Crays and Koehler absent, to approve the minutes of the October 27, 2025, Arts and Culture Committee Regular Meeting.

AYE: Groseth, Fowler, Hirschman, Paskowitz
NOE: None
ABSTAIN: Quintanilla

2. SPECIAL PRESENTATIONS
None

3. ORAL COMMUNICATIONS
Katie Potts, President of the San Clemente Historical Society, discussed two current Historical Society initiatives and invited committee members to participate in the projects’ completion.

4. OLD BUSINESS
None

5. NEW BUSINESS
A. Art on Public Property Update
Vice Chair Greco presented and discussed the draft on Public Art Policy.

Committee Members, individually and collectively, discussed the following topics:
• The importance of public art in gateways into the community • The various cultural districts within San Clemente
• Funding framework options
&
519
Arts and Culture Committee Regular Meeting January 26, 2026 PAGE 2
• Fred Swegles photographs donated by the San Clemente Times and their potential incorporation into different districts
• Private and donor funding opportunities
• Routine maintenance and upkeep of public art
• Permitting requirements for murals
• Requirement to reapply for mural permits every two years • Potential graffiti concerns related to murals
• The addition of a member of the public to the Art on Public Property Subcommittee
Motion by Committee Member Fowler, seconded by Vice Chair Hirschman, CARRIED 5-0, Committee Members Crays and Koehler absent, to add a member of the public to the Art on Public Property Subcommittee.

AYE: Fowler, Greco, Hirschman, Paskowitz, Quintanilla
NOE: None
Motion by Chair Greco, seconded by Committee Member Quintanilla, CARRIED 5-0, Committee Members Crays and Koehler absent, to add Julia Darden to the Art on Public Property Subcommittee.

AYE: Fowler, Greco, Hirschman, Paskowitz, Quintanilla
NOE: None
Julia Darden, newly appointed member of the Art on Public Property Subcommittee, provided a brief overview of her background and experience.

6. STAFF COMMUNICATIONS
None

7. ITEMS FROM COMMITTEE MEMBERS
A. Subcommittee – Art Exhibits/Displays (Crays, Fowler, Hirschman) Vice Chair Hirschman stated that the Lifeguard Monument has started its fundraising.

B. Subcommittee – Amphitheater & Performing Arts Facility (Crays, Hirschman) Vice Chair Hirschman stated that Richard T. Steed Park was mentioned as a potential location for the amphitheater.

C. Subcommittee – Art on Public Property (Greco, Koehler) Chair Greco stated the update was presented under item 5A.

D. Subcommittee – Utility Box Art Program (Crays, Greco, Koehler) Chair Greco stated they have three utility boxes identified and have decided on two artists, Rick Delanty and Claire Miller.

Samantha Wylie, Beaches, Parks & Recreation Director, stated she has a local artist for the golf course utility box, Matt Zumberge.
520
Arts and Culture Committee Regular Meeting January 26, 2026 PAGE 3
E. Subcommittee – Surfer, Skater, Art, and Music Hall of Fame (Crays, Hirschman, Paskowitz)
Vice Chair Hirschman stated they don’t have any updates, as they haven’t heard from the applicant.

Motion by Vice Chair Hirschman, seconded by Committee Member Paskowitz, CARRIED 5-0, Committee Members Crays and Koehler absent, to table the Surfer, Skater, Art, and Music Hall of Fame Subcommittee item to allow the applicant to return with modifications.

AYE: Fowler, Greco, Hirschman, Paskowitz, Quintanilla
NOE: None
F. Future Agenda Items
i. The San Clemente Historical Society has requested input from the Arts and Culture Committee regarding historical plaques and the murals on Del Mar. ii. Committee Member Paskowitz requested a discussion on cultural aspects related to the 2028 Olympics.
iii. Committee Member Quintanilla requested consideration of adding an additional member to the Amphitheater & Performing Arts Facility Subcommittee.

No motion or second was made to add future agenda items.

8. ADJOURNMENT
Motion by Vice Chair Hirschman, seconded by Committee Member Fowler, CARRIED 5-0, to adjourn at 6:02 p.m. to a regular meeting on April 27, 2026, at 5:00 p.m. at City Hall Council Chambers located at 910 Calle Negocio, San Clemente, CA.

Respectfully submitted,

Arts and Culture Committee Chair Date

Beaches, Parks & Recreation Director Date
521
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: May 5, 2026 Agenda Item: (3)
522

CITY OF SAN CLEMENTE
Investment Advisory Committee Minutes
Special Meeting – March 9, 2026
A Special Meeting of the City of San Clemente Investment Advisory Committee was scheduled for March 9, 2026 at 5:30 p.m. in the Community Conference Room at City Hall, 910 Calle Negocio, San Clemente, California.

ROLL CALL
PRESENT: Investment Advisory Committee Members:

None
Staff:

Melissa Anderson
ABSENT: Charlie Smith, Victor Cabral, Matthew Koelliker, Chad Ahearn, Jeff Willardson PUBLIC: None

ADJOURNMENT
There being no quorum present, the meeting was adjourned at 5:35 p.m. to an Adjourned Special Meeting to be held on March 30, 2026 at 5:30 p.m. in the Community Conference Room at City Hall, 910 Calle Negocio, San Clemente, California. A Notice of Adjournment Due to Lack of Quorum was posted at the meeting room door and on the bulletin board outside. _________________________________
Charlie Smith
Chair, Investment Advisory Committee
523
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: May 5, 2026 Agenda Item: (4)
524

CITY OF SAN CLEMENTE
Investment Advisory Committee Minutes
Adjourned Special Meeting – March 30, 2026
An Adjourned Special Meeting of the City of San Clemente Investment Advisory Committee was called to order by City Treasurer Charlie Smith, on March 30, 2026 at 5:36 p.m. in the Community Conference Room at City Hall, 910 Calle Negocio, San Clemente, California.

PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was recited.

ROLL CALL
PRESENT: Investment Advisory Committee Members:

Charlie Smith, Victor Cabral, Matthew Koelliker, Chad Ahearn Staff:

Sheryl Mariano, Melissa Anderson
ABSENT: Jeff Willardson
PUBLIC: None
(1) REVIEW AND RATE PROPOSALS FOR INVESTMENT MANAGEMENT

AND ADVISORY SERVICES
The Committee reviewed the proposals submitted through the City’s RFP process.

Rating sheets were collected and scores were tallied. Meeder Public Funds and Chandler Asset Management received the highest overall ratings.

The committee agreed to hold finalist interviews on April 27, 2026, beginning at 4:00 p.m. in the third-floor conference room. Staff will contact both firms to schedule and will prepare a scoring sheet for use during the interviews.

A motion was made by Matthew Koelliker, seconded by Chad Ahearn to invite Meeder Public Funds and Chandler Asset Management to interview on April 27, 2026. Motion passed 3-0; Cabral abstained.
(2) PUBLIC INPUT
None.

ADJOURNMENT
A motion was made by Chad Ahearn, seconded by Matthew Koelliker to adjourn to a Special Meeting to be held on April 27, at 4:00 pm in Conference Room A at City Hall, 910 Calle Negocio, San Clemente, California. Motion passed 4-0. 525
Investment Advisory Committee Minutes March 30, 2026 Page 2 _________________________________
Charlie Smith
Chair, Investment Advisory Committee
Future Meeting Dates:

April 27, 2026
July 27, 2026
October 26, 2026
526
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: May 5, 2026 Agenda Item: (5)
Submitted By: Choose an item.

Prepared By:

Subject:
..titl e
ZONING ADMINISTRATOR ADJOURNED MEETING MINUTES OF APRIL 21, 2026 ..body Summary:

Background:

Discussion:

Considerations Identified by Staff:

Council Options:

Environmental Review/Analysis:

Fiscal Impact:

Recommended Action(s):
..recommendation
..end
Attachment:

Notification:
527

CITY OF SAN CLEMENTE

MINUTES OF THE ADJOURNED MEETING

OF THE ZONING ADMINISTRATOR
April 21, 2026
San Clemente City Hall
First Floor Community Room
910 Calle Negocio
San Clemente, California 92673

1. CALL TO ORDER
Zoning Administrator (ZA) Adam Atamian called the Adjourned Meeting of the City of San Clemente Zoning Administrator to order on April 21, 2026 at 3:30 p.m. The meeting was held in the First Floor Community Room of City Hall, 910 Calle Negocio, San Clemente, California.

Staff Present: Adam Atamian, Zoning Administrator
Zach Rehm, Acting City Planner
Brendan Hanley, Planning Technician

2. MINUTES
A. Minutes from the Zoning Administrator Regular Meeting of April 9, 2026.

ZA Atamian received and filed the minutes for the regular meeting of April 9, 2026.

3. ORAL AND WRITTEN COMMUNICATION
None.

4. PUBLIC HEARING
A. Public Hearing Project (PHP) 26-159, Temporary Use Permit (TUP) 26- 136, Circus Vargas 2026, 101 W Avenida Vista Hermosa
A public hearing to request the Zoning Administrator to approve Temporary Use Permit (TUP) 25-085 to operate a circus event at the Outlets at San Clemente from May 8-11, 2026 and May 13-18, 2026. Setup for the event, including temporary circus structures, is from May 5-7, 2026, and breakdown is on May 19, 2026.

The Zoning Administrator will also consider whether the project is Categorically Exempt from the requirements of the CEQA pursuant to CEQA Guidelines § 15301 (Class 1: Existing Facilities) and §15311 (Class 11: Accessory Structures).

Planning Technician Hanley summarized the staff report that highlighted the following:

DRAFT
528
Minutes of the Zoning Administrator Adjourned Meeting April 21, 2026 Page 2 • Site has been used for similar events in the past.
• Estimated Attendance: 300-500 people per show.
• No games of chance, mechanical rides, performing animals, pyrotechnics, alcohol, or outside vendors.
• Site plan includes: Entrance tent, ticket booths, restrooms, management and parking.
• Security: 8-member crew.
• Waste management: 25-member crew.
• Amplified sound limited to inside the tent.
• Lighting limited to the boundaries of the parcel.

Priscilla Iverson attended on behalf of the applicant.

ZA Atamian opened the public hearing and asked the applicant if they would like to make a presentation. Priscilla Iverson affirmed agreement with the staff presentation on behalf of the applicant.

ZA Atamian stated he reviewed the staff report and is familiar with the project. Technician Hanley advised that the event is similar to last year, but the dates are slightly different.

ZA Atamian advised the applicant that there has been an issue with noise and lighting from this parcel reaching residences across from the freeway.

He emphasized the importance of noise mitigation procedures and containing light within the property bouindaries.

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

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

Action: The Zoning Administrator adopted Resolution ZA26-007 approving Temporary Use Permit 26-136, Circus Vargas at San Clemente Outlets 2026, 101 Avenida Vista Hermosa, with the following modifications to the Conditions of Approval:
• Modify Condition 7.19 to read: “…this applicant shall limit exterior noise to 65 decibels at the edge of the property on which the event is located, specifically the property line North of the tent location” • Modify Condition 7.20: “String lighting is not permitted pursuant to this event.”
• Add Condition 7.25: “No signage is approved as a part of this permit. Any signage permitted in separate applications shall not be visible from the freeway.”

5. NEW BUSINESS
None.

DRAFT
529
Minutes of the Zoning Administrator Adjourned Meeting April 21, 2026 Page 3

6. OLD BUSINESS
None.

7. ADJOURNMENT
The meeting adjourned at 3:45 p.m. to a Regular Meeting of the Zoning Administrator, which will be held Thursday, May 21, 2026 at 3:00 p.m. at Community Development Department, City Hall, First Floor Community Room, located at 910 Calle Negocio, San Clemente, California.

Respectfully submitted,

SAN CLEMENTE ZONING ADMINISTRATOR
_____________________________________
Adam Atamian, Zoning Administrator
DRAFT
530
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: May 5, 2026 Agenda Item: (6)
Submitted By: Choose an item.

Prepared By:

Subject:
..titl e
PLANNING COMMISSION REGULAR MEETING MINUTES OF APRIL 22, 2026 ..body Summary:

Background:

Discussion:

Considerations Identified by Staff:

Council Options:

Environmental Review/Analysis:

Fiscal Impact:

Recommended Action(s):
..recommendation
..end
Attachment:

Notification:
531

MINUTES OF THE REGULAR MEETING

OF THE CITY OF SAN CLEMENTE

PLANNING COMMISSION
April 22, 2026 @ 6:00 p.m.

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

1. CALL TO ORDER
Chair Cosgrove called the Regular Meeting of the Planning Commission of the City of San Clemente to order at 6:16 p.m. The meeting was offered in person at San Clemente City Hall Council Chambers, 910 Calle Negocio, San Clemente, California, 92673, and also via live stream from the City’s YouTube Channel.

2. PLEDGE OF ALLEGIANCE
Vice Chair Camp led the Pledge of Allegiance.

3. ROLL CALL
Commissioners Present: Chair Cameron Cosgrove; Vice Chair M. Steven Camp; Chair Pro Tem Scott McKhann; Gary McCaughan; Karen PrescottLoeffler; Brett Freeman; and Patrick Griffin Commissioners Absent: None
Staff Present: Zach Rehm, Acting City Planner
Christopher Wright, Senior Planner
Jessica Gatny, Assistant Planner
Araceli Mejia, Assistant Planner
Gena Burns, Deputy City Attorney
Tamara Tatich, Recording Secretary
These minutes reflect the order in which items appeared on the meeting agenda and do not necessarily reflect the order in which items were actually considered.

4. SPECIAL ORDER OF BUSINESS/SPECIAL PRESENTATION
None.

5. MINUTES
A. Receive and file Minutes from the Planning Commission Regular Meeting of April 8, 2026.
532
Planning Commission Regular Meeting Minutes of April 22, 2026 Page 2

IT WAS MOVED BY COMMISSIONER GRIFFIN, SECONDED BY COMMISSIONER FREEMAN, AND CARRIED 5-0, VICE CHAIR CAMP AND COMMISSIONER PRESCOTT

LOEFFLER ABSTAINED, TO RECEIVE AND FILE THE MINUTES FROM THE REGULAR MEETING OF APRIL 8, 2026.

6. ORAL AND WRITTEN COMMUNICATIONS
None.

7. CONSENT CALENDAR
None.

8. PUBLIC HEARING
A. Public Hearing Project (PHP) 22-427, Wood Residence, 104 W. Avenida Cadiz
A request for the Planning Commission to consider approving an existing unpermitted 543 sq. ft. living room addition, an increase to the height of the existing garage roof, and changes to the front facade, including a new entry porch with steps, a new window, new garage door, and new exterior siding. The subject property is adjacent to a historic resource.

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

Chair Cosgrove opened the public hearing and requested the Commissioners disclose any actions related to the project. Commissioner Freeman visited the project site.

Assistant Planner Gatny provided a summary of the presentation titled, “Wood Residence, Development Permit 26-047 / PHP 25-472, April 22, 2026.” A copy of the presentation is available by contacting the City of San Clemente Planning Division. Staff’s report included the project location; historic resource background; site plan and proposed improvements; existing and proposed floor plans; interior improvements; front façade improvement; east and west side elevations; Design Review Subcommittee recommendations; rear elevation; recommended findings; public comments in support; and staff recommendations.

Chair Cosgrove welcomed Jeff Wood, the applicant, to make his statement. Mr.

Wood stated the proposed plan is to make improvements to the property he purchased in April 2025 so that the house is safe and functional for the family. 533
Planning Commission Regular Meeting Minutes of April 22, 2026 Page 3 The layout and footprint have been the same for at least 40 years and neighbors are in support of the renovation.

Chair Cosgrove thanked the applicant.

The Commissioners did not have any questions of the applicant.

Public Comments: None.

Chair Cosgrove closed the public hearing and thanked the applicant.

VICE CHAIR CAMP MADE A MOTION, SECOND BY CHAIR COSGROVE, MOTION PASSED 7-0, TO APPROVE PUBLIC HEARING PROJECT 26-012 / DEVELOPMENT PERMIT 26-047, WOOD RESIDENCE, 104 W. AVENIDA CADIZ, SUBJECT TO THE CONDITIONS OF APPROVAL.

B. Continued Public Hearing Project (PHP) 26-063, Zoning Amendment (ZA) 26-064
A continued Public Hearing for the Planning Commission to provide recommendations to the City Council on Zoning Amendment 26-064 to update San Clemente Municipal Code Sections 17.28.270 Accessory Dwelling Units and 17.88.030 Definitions consistent with Housing Element commitment and State law.

The Planning Commission will also consider whether the project is Categorically Exempt from the requirements of CEQA pursuant to the CEQA Public Resources Code §21080.17, and CEQA Guidelines §15183.

Chair Cosgrove reopened the public hearing that was continued from March 4, 2026.

Assistant Planner Mejia provided a summary of the presentation titled, “ADU Ordinance Update PHP26-063 / Zoning Amendment (ZA) 26-064, April 22, 2026.” A copy of the presentation is available by contacting the City of San Clemente Planning Division. Staff’s report included a background with timeline on Accessory Dwelling Unit (ADU) law that began with the passing of several ADU laws in 2016; public comments were received prior to the March Planning Commission meeting from an advocacy group regarding Government Code §66323; Junior ADU standards, multifamily standards, and deed restrictions; Housing and Community Development (HCD) staff provided informal feedback which has been addressed in the updated draft amendment; summary review of the two main bills that were passed, Assembly Bill (AB) 462 and State Bill (SB) 543; summary of additional changes and updated definitions; summary of changes since the March 4, 2026 meeting; consistency with General Plan and 2021 Housing Element; and recommendation for Planning Commission to 534
Planning Commission Regular Meeting Minutes of April 22, 2026 Page 4 recommend the City Council to adopt an ordinance approving Zoning Amendment (ZA) 26-064.

Public Comments:

Larry Culbertson, resident, understands the need to be in compliance with State law and referenced AB 1154 effective January 2026, facilitating ADU construction; expressed concerns about neighborhood saturation with ADUs impacting quality of life, parking, and utility infrastructure; noted that singlefamily homes could effectively become four-family homes with the latest laws allowing multiple ADUs; highlighted past issues with vacation rentals and lack of local control over ADUs; and suggested the City Council consider ways to mitigate potential problems from State-mandated ADU requirements.

In response to the public comments, Chair Cosgrove confirmed with staff that the amendment is to bring the City into compliancy and nothing more; and acknowledged intensification of single-family lots and removal of local oversight.

Commission Comments and Staff Discussions:
• Staff explained the original code section for JADUs had no maximum size requirement. The update reflects a 500 sq. ft. maximum, consistent with State legislation
• Staff confirmed that HCD concerns were addressed and have been incorporated, and that no further comments have been received. • The Commission suggested to keep “California” in reference to “Government Code sections to reflect that all is being imposed by the State of California. • Staff confirmed the requirement of 500 sq. ft. maximum for JADU is defined as livable space; and Gov Code §66313 defines livable space • Staff stated that definitions as specified by State are included. • The Commission expressed displeasure of the proliferation of ADUs and suggested the City Council to join other cities to discuss options. • Staff clarified height limitations for ADUs remain the same as current code and State law, with allowable increases near public transit. • Discussion on the City's ability to impose impact fees for larger ADUs, particularly those over 750 square feet of interior livable space; and staff clarified that the City collects impact fees from ADUs and multifamily developments.
• Staff stated that currently, the impact on public infrastructure is minimal; approximately 120 ADUs approved in 5 years.
• No significant adverse effects on sewage or water infrastructure have been noted.
• The Commission expressed uncertainty about future ADU numbers; expectation of 20-40 ADUs per year.
• Staff advised that local governments communicate through organizations like the Orange County Council of Governments and Southern California Association of Governments.
535
Planning Commission Regular Meeting Minutes of April 22, 2026 Page 5 • The Commission noted that many properties developing ADUs do not have sufficient utilities, recommended adding a requirement that the electrical and other services be brought up to current standards. Staff confirmed State law prevents cities from enforcing some new sewer connections, but not electrical for detached ADUs.
• Staff encouraged the Commission to note the findings are based on prior City Council findings in adoption of the 2021 Housing Element (HE). • Legal staff confirmed that the purpose of the Amendment is to comply with State law.

Chair Cosgrove closed the public hearing, summarized the discussion and provided options for a motion.

CHAIR COSGROVE MADE A MOTION, SECOND BY VICE CHAIR CAMP, MOTION PASSED 6-1, COMMISSIONER MCCAUGHAN OPPOSED, TO RECOMMEND THE CITY COUNCIL ADOPT AN ORDINANCE APPROVING ZONING AMENDMENT 26-064 TO AMEND SCMC SECTIONS 17.28.270 AS 17.88.03, WITH MINOR CHANGES

DISCUSSED DURING THE HEARING TO REFERENCE THE STATE OF CALIFORNIA

AND APPLY UTILITY CONNECTION REQUIREMENTS AS ALLOWED BY LAW, AND

MODIFY SECTION TWO OF THE RESOLUTION TO RECOMMEND THAT COUNCIL

CONSIDER ENGAGING WITH OTHER LOCAL GOVERNMENTS AND THE STATE OF

CALIFORNIA TO LIMIT THE PROLIFERATION OF ADUS AND ENSURE UTILITY INFRASTRUTURE IS NOT OVERBURDENED.

9. NEW BUSINESS
None.

10. OLD BUSINESS
A. Parking and Transportation Demand Management Plan
A request for the Planning Commission to provide recommendations to the City Council on the Parking and Transportation Demand Management (TDM) Plan being prepared for the certification of the City’s Local Coastal Program (LCP).

Acting City Planner Rehm (ACP) provided a summary of the presentation titled, “City of San Clemente, Parking and TDM Plan and Policy Development for Local Coastal Program.” A copy of the presentation is available by contacting the City of San Clemente Planning Division. Staff’s report included: results of the July/August peak hours; weekend turnover in January and July in the high impact areas; parking & TDM Strategies including use of the trolley, pilot program for parking enforcement that was authorized by the City Council and future enforcement concepts, developing a wayfinding program, streetscape improvements and time limits for parking; introduction of the new “yellow” trolley line funded by a new grant; responses to Planning Commission Comments made at the December 17, 2025 meeting; consultant recommendations 536
Planning Commission Regular Meeting Minutes of April 22, 2026 Page 6 categorized by short-term (0 to 2 years), medium-term (3 to 5 years), and longterm (6+ years); and next steps for Coastal Commission staff review and City Council review that may result in a potential zoning amendments.

Commission Discussions and Comments:
• The Commission suggested staff send the entire Parking and TDM Plan or just the Executive Summary with the top-line highlights to City Council as soon as possible since it is relevant to current agenda discussions. • Expand private lots for employees realizing that employees are moving cars during breaks now that there’s a parking monitor
• Use of old City Hall lot and adding a trolley, whereby staff provided background, known challenges of the property and stated that the topic will most likely be on a future City Council agenda.
• Commission stressed the importance of a parking structure. • Enforcing two and three-hour limits and use library parking with posted hours should ease the impact.

CHAIR COSGROVE MADE A MOTION, SECOND BY COMMISSIONER PRESCOTTLOEFFLER AND PASSED 7-0 TO FORWARD THE DRAFT PARKING AND TRANSPORTATION DEMAND MANAGEMENT PLAN TO CITY COUNCIL.

11. REPORTS OF COMMISSIONERS AND STAFF
A. Commissioner Reports
None.

B. Tentative Future Agenda
The April 29, 2026 Design Review Subcommittee and the May 6, 2026 Planning Commission meetings will be cancelled due to lack of business.

C. Administrative Permit Report
In addition to the written report that was provided, Acting City Planner Rehm provided draft minutes from the Adjourned Zoning Administrator (ZA) meeting of April 21, 2026 and explained that with the recent approval of the streamlining amendments, this will be the last meeting where Planning Commission will be able to appeal an action. Ministerial approvals will be reported at future meetings. The urgency for this permit is that Circus Vargas is scheduled to occur within a two-week period of time. The public can still file an appeal, as can the City Council. Acting City Planner Rehm advised that staff and the ZA took great care in providing required conditions.
537
Planning Commission Regular Meeting Minutes of April 22, 2026 Page 7 D. Staff Reports
A. The second reading of the Zoning Amendments occurred in the last City Council meeting.

B. Review of the Parklet Program was taken to the DRSC who provided recommendations on the design and operation of the parklets. Staff forwarded recommendations to the City Council. The most substantial changes are the guardrails; decks are closer to the ground to help visibility; restricted height limitations of heaters and umbrellas; furniture is a higher quality brown/black; a smaller design that uses no more than three spaces and is square to allow space for bike racks; and parklets are only allowed in front of their own business.

C. Acting City Planner Rehm noted that the City Council approved the Zoning Amendment that addressed SB 9 relating to urban lot splits.

12. ADJOURNMENT
The Planning Commission adjourned at 8:12 p.m. the Planning Commission scheduled for Wednesday, May 20, 2026 at 6:00 p.m., and will be held at the San Clemente City Hall Council Chambers located at 910 Calle Negocio, 2nd Floor, San Clemente, California.

Respectfully submitted,
___________________________
Cameron Cosgrove, Chair
Attest:
___________________________
Zach Rehm, Secretary to the Planning Commission
538
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: May 5, 2026 Agenda Item: (1)
..ag endizedby
..end
Subject:
..titl e
Approve Wire Transfer Nos.
3417 through 3422 and Warrant Nos.
611021 through 611118, paid on
4-17-26, in the amount of $1,700,099.83 ..end
539

CITY OF SAN CLEMENTE

CERTIFICATION OF WARRANTS

I HEREBY SUBMIT THE ATTACHED

WARRANT REGISTER FOR AUDIT

AND APPROVAL BY THE CITY

COUNCIL, CITY OF SAN CLEMENTE

APPROVED AND ORDERED PAID AT

THE MEETING OF THE CITY COUNCIL

HELD ON
IN THE AMOUNT OF $1 ,700,099.83
DATED ON 04/17/2026

CITY MANAGER MAYOR
ATTEST:

CITY CLERK

I HEREBY CERTIFY TO THE ACCURACY OF THE FOREGOING

DEMANDS AND THAT FUNDS ARE AVAILABLE FOR PAYMENT
THEREOF:
a7;a7,,

PAID BY WARRANTS SIGNED BY LEGALLY

DESIGNATED PERSONS IN ACCORDANCE

WITH THE STATE OF CALIFORNIA
GOVERNMENT CODE, SECTION-41003

FINANCE MANAGER CITY TREASURER
540
apChkLst
04/16/2026 2:58:24PM
Final Check List

SAN CLEMENTE
Page: 1
Bank : city BMO
Check #
3417
3418
3419
3420
3421
3422
611021
611022
611024
Date
4/ 7/26
4/ 7/26
4/ 7/26
4/7/26
4/ 7/26
4/ 7/26
4/ 7/26
4/ 7/26
4/ 7/26
Vendor
024009
002474
004156
000010
001819
014754
Oal0213
033021
034565

CA PUB EMP RETIREMEN

CA PUB EMPLOY RETIREI

CALIF STATE OF, EMPLO'

FEDERAL WITHOLDING T
STATE DISBURSMENT UTh
AFLAC

ALLIANCE DIVERSIFIED

AMAZON BUSINESS
Invoice
PP#07/26
PPO7/26
Ben2574369
Ben2574371
Ben2574367
Ben2574373
Ben257436l
PP5
4CK-LCCP-V6j
RQV-LCIT-KX.

FNX-JG3H-61F
L16-7749-M7Q1
VNH-XYPW-L3

MLD-PYQT-KG
JFP-PY4T-LRV'
C4H-KL9R-33L

PJJ-QPGK-GM
M7D-GXGV-6F
CL3-RKCK-CT!
LWQ-XN4D-9K
JQQ-6DKW-PC
6KW-94CF-7RMLD-PYQT-WF
F7 J-XJKJ-L7X1
4CJ-NTTV-YK'r
999-WN4G-4VV
3RT-LLF3-WR"
JVN-CJ3T-VK\/
RT3-KJMD-YD
K4X-49J6-T7 43
KPG-DCVI -X31
C7N-RC4W-Wl
NF3-7GMF-7Cl
6KW-94CF-FH
Inv Date Description
3/29/26
3 /29/26
4 /17 /26
4/17/26
4/17 /26
4/17 /26
4/17 /26
3/31 /26
3 /24/26
4 /2/26
3 /22/26
4 /7/26
3 /1 8/26
4 /6/26
3/30/26
3/24/26
3/25/26
3/1 9/26
4 /7/26
3/20/26
3/23/26
3/31 /26
4 /6/26
4/7/26
4/1 /26
3/1 8/26
4 /6/26
3/1 8/26
4 /6/26
3/1 8/26
4 /6/26
4/6/26
3/23/26
3/31 /26

PERS CONTRIBUTIONS FOR

PERS CONTRIBUTIONS
STATE TAX: PAYMENT
SDI INS: PAYMENT
FEDERAL TAX: PAYMENT
CHILD SUPPORT: PAYMENT
AFLAC INSURANCE: PAYMEN

MARQUITA SLOPE INTERIM F

SUPPLIES

SUPPLIES
Amount Paid
i20, 144.89
7,824.14
31,954.71
9,643.21
195,920.22
779.53

79.42 282,653.48

88.34 86.45

79.97 79.64

64.62 60.49

94.38 90.43
137.91
136.05
112.59
110.85
109.27

94.77 280.14
248.65
223.84
200.62
159.44
140.04

6.45 2.83
2 ,719.12
538.76
455.56
3 02.79
Check Total
120, 144.89
7,824.14
31,954.71
9,643.21
195,920.22
779.53

79.42 282,653.48
Page: I
541
apChkLst
04/16/2026 2:58:24PM
Final Check List

SAN CLEMENTE
Page: 2
Bank : city BMO
Check # Date Vendor
611025
611026
611027
4/17/26 002603
4/17/26 034095
4/17/26 024030
611028
611029
611030
4/17/26 013947
4/17/26 036521
4/17/26 027238
611031 4/17/26 014672
611032
611033
4/17/26 037343
4/17/26 022636
(Continued)
Invoice Inv Date Description
F4F-N3X6-3MTh 3/23/26
PDC-C9LT-MR' 3/19/26
T6X-C3DL-64Y 4/1/26
XGQ-PK3K-9VI 3/31/26
K1Y-L34J-3F9) 4/6/26
TWJ-MC63-I N' 3/23/26
374-MFJX-F9X 3/23/26
VPY-FMFL-P6J 3/30/26
MH7-L4PD-F9( 3/19/26
W3L-CDR1 -DR 4/5/26
3N9-7XlX-RP% 3/30/26
HJI-J6Y6-QM7 3/25/26
ANIMAL PEST MGMT SER 715667 3/31/26
ARDENT PRESS INC 47236 4/6/26
BAY ALARM COMPANY 22872835 4/1/26
22881671 4/2/26
22863702 3/25/26
22863375 3/25/26
C M STRUCCO INC 1430 4/2/26
CALIFORNIACONSULTINI 7F354 4/1/26
CALPINE ENERGY SOLU1 260990023 565! 4/9/26
260990023 565! 4/9/26
260990023 565! 4/9/02
260990023 565! 4/9/26
260990023 565! 4/9/26
260990023 565! 4/9/26
260990023 565! 4/9/26
CAPISTRANO CRANE SEI 209"l3 3/19/26
20909 3/19/26
CAPITOL ADVOCACY LLC 999390 3/31/26
CARE AMBULANCE SERV 26-001766 3/31/26
26-001765 3/31/26
26-001764 3/3U26
26-001763 3/3U26
26-001768 3/31/26

SUPPLIES

APM - LNDSCP RODENT CTR
BUSINESS CARDS - G. OJED/
BAY ALARM - PARTIAL FY202!
4027670 MONITORING SERVI
BAY ALARM - PARTIAL FY202 €
BAY ALARM - PARTIAL FY202!
OLE HANSON REPLICATILE [
GRANT WRITING AND GRANELECTRICITYA/C#28 2 8
ELECTRICITYA/C#28 2 2
ELECTRICITYA/C#28 2 5
ELECTRICITY NC #28 2 I
ELECTRICITYA/C#28 2 7
ELECTRICITYA/C#28 2 3
ELECTRICITY A/C #28 2 6

CRANE RENTAL

LEGISLATIVE ADVOCACY SEI

CONTRACT AMBULANCE SEF

CONTRACT AMBULANCE SEF
Amount Paid

32.28 31.25

23.80 19.27

16.49 10.23

58.41 54.86

50.96 49.11

33.36 32.32
2,904.40

29.38 852.29
267.63

20.00 4.52
500.00
5 ,000.00
61,689.00
5,953.45
2,340.28
660.98
611.94
215.34
204.28
450.00
450.00
2 ,670.00
36,187.90
36,187.90
36,187.90
36,187.90
36,187.90
Check Total
7,036.34
2,904.40

29.38 1,144.44
500.00
5,000.00
71,675.27
900.00
2,670.00
180,939.50
Page:2
542
' apCh'kLst
04/16/2026 2:58:24PM
Final Check List

SAN CLEMENTE
Page: 3
Bank : city BMO
Check #
611034
611035
611036
611037
611038
611039
611040
611041
611042
611043
611044
611045
611046
611047
611048
611049
611050
611051
611052
611053
611054
Date Vendor
4/17/26 014216
4/17/26 012397
4/17/26 023677
4/17/26 037553
4/17/26 008354
4/17/26 001241
4/17/26 026046
4/17/26 016595
4/17/26 001394
4/17/26 001681
4/17/26 001086
4/17/26 006090
4/17/26 000168
4/17/26 018372
4/17/26 004177
4/17/26 019005
4/17/26 037438
4/17/26 009541
4/17/26 003450
4/17/26 005339
4/17/26 037803
(Continued)
Invoice Inv Date Description
CAREERS IN GOVERNME 11-al8211 5/1/26
CENTRALCOMMUNICATi 000039-956-881 4/1/26
000039-956-99"l 4/1/26
000039-956-981 4/1/26
000039-957-441 4/1/26
000039-957-031 4/1/26
CHANDLER ASSET MANA 2603SANCLEME 4/6/26
CMCSTONE INC 2026033 4/1/26
COASTAL FRONTIERS CC 5953 2/3/26
5982 4/1/26
COLONIAL LIFE & ACCIDE Ben2574365 4/1 7/26
COLTSLANDSCAPEINC 2623 4/i/26
COMMUNITY COUNTERP, 4 4/6/26
3 4/6/26
COOKPGAGOLFSHOPll041326 4/13/26
CORONACLAYCOMPANi 17527 3/2/26
COUNTYOFORANGE STCSOO3848 4/1/26
MARCH2026 4/1/26
SH74055 4/9/26
COXCOMMUNICATIONS 060297301 41412ei
050935601 4/1/26
CWEA-TCP 34004 3/10/26
DUNCAN SE, CAMERON [ SC-VSW-2 4/2/26
E STEWART & ASSOC IN( 9925S 3/23/26
9924S 3/23/26
9926S 3/23/26
9933S 4/6/26
9911S 3/13/26
ELIFEGUARD INC 1000071352 3/18/26
ENGEO INCORPORATED 308740 2/6/26
309462 3/6/26
EVANS-HYDRO SVC DIVIE 163161 3/9/26
FOOTHILL/EASTERNTC,MAR2026 3/18/26
FRIENDSHIP SHELTER IN 177 3/31/26
GCAP SERVICES INC 26-08203 3/2/26
MEMBERSHIP RENEWAL 26-;
24 HOUR CODE COMPLIANCI
ANNUAL 24/7 PROFESSIONAI
123-5154-461 MONTHLY ANSI
123-5155-211 MONTHLY ANSII
123-5154-571 MONTHLY ANSI

PORTFOLIO MANAGEMENT F

CDBG HOUSING REHABILITA
OFFSHORE SAND SOURCE If

OFFSHORE SAND SOURCE II
ACCIDENT INSURANCE: PAYr

MONTHLY ECR WEED MAINT
AS NEEDED PLANNING CON5

AS NEEDED PLANNING CONE
04/06/26 - 04/1 2/26 WEEKLY P

STEED PK DECOMPOSED GF
800MHZ BACKBONE MAINTEI

PARKING VIOLATION SURCH,

AFIS USER FEES

CITYWIDE LANDLINE PHONE
A/C 001 7601 050935601
MEMBERSHIP RENEWAL - R.

AVENIDA VICTORIA WIDENIN

WEED ABATEMENT/PROGRA

WEED ABATEMENT/PROGRA
E.STEWART - WTR FACILS u

WEED ABATEMENT/PROGRA

SCAC SWIM DIAPERS

PROFESSIONAL GEOTECHNI

PROFESSIONAL GEOTECHNI
EVANS HYDRO - AQUAT. CTR

FEES COLLECTED

FRIENDSHIP SHELTER INC M
S. EL CAMINO REAL LANE RE
Amount Paid
2 ,500.00
801 .23
452.64
3 97.55

35.75 34.75
5,165.37
797.50
14,819.50
11,296.00
247.49
980.00
3,217.50
2,990.00
29,584.59
963.25
15,052.19
4,816.00
1 ,867.00
5,023.63
134.00
251 .00
11,175.00
24,204.00
9,000.00
7,380.00
2,900.00
2 ,100.00
3 51.14
660.00
660.00
14,524.58
6,756.00
6,000.00
1,137.50
Check Total
2,500.00
1,721 .92
5,165.37
797.50
26,115.50
247.49
980.00
6,207.50
29,584.59
963.25
21,735.19
5,157.63
251 .00
11,175.00
45,584.00
351.14
I ,320.00
14,524.58
6,756.00
6,000.00
1,137.50
Page: 3
543
apChkLst
04/16/2026 2:58:24PM
FinalCheck List

SAN CLEMENTE
Page: 4
Bank : city BMO
Check #
611055
611056
611057
611058
611059
611060
611061
611062
611063
611064
61i065
611066
611067
611068
611069
611070
611071
611072
611073
611074
611075
Date Vendor
4/17/26 016376
4/17/26 024930
4/17/26 032612
4/17/26 015195
4/17/26 001926
4/17/26
4/17 /26
4/17/26
4/1 7/26
4/17/26
4/17/26
032998
000028
012853
002045
038293
007033
4/17/26 031618
4/17/26 036300
4/17/26 013755
4/17/26 007564
4/17/26
4/1 7/26
4/17/26
4/17/26
4/17/26
4/17/26
038156
015082
003619
034976
000514
030289
(Continued)
Invoice Inv Date Description

GCI CONSTRUCTION INC

GENERAL DATA CO INC E
GIANT CO2

GMU GEOTECHNICAL IN(

GRAINGER INC, W W
GREEN ZONE WASH WA1

HARDY & HARPER INC
Hl-LINE INC

HIRSCH PIPE & SUPPLY

HOUT CONSTRUCTION S

IMPERIAL SPRINKLER SU
INNOVATIVE PEST SOLLn
INSPIRA FINANCIALI 005'l

KOPPEL & GRUBER PUBI

LOWE'S COMPANIES INC

MICHAEL K NUNLEY & AS

MILES CHEMICAL COMPA
MISSION SQUARE-30245;
MISSION SQUARE-30637 €

NATIONAL SAFETY COMF

OCCUPATIONAL HEALTH
1398 3/1 6/26
0334667 4/1 0/26
0334862 4/13/26
146534 3/30/26
146535 3/30/26
13404 3/23/26
13415 3/24/26
13344 3/al 3/26
13345 3/1 3/26
9785218828 U27/26
9781716734 1/22/26
9779033340 1/21/26
001341 4/3/26
RETENTION 2/28/26
3260983 3/31/26
1763943 3/27/26
1 4/3/26
002 592'l525-001 4/1/26
0025948160-001 4/2/26
0025978530-001 4/3/26
118557 4/3/26
Ben2574359 4/1 7/26
26-1238 3/31/26
26-1137 3/31/26
87693 4/7/26
85312 4/6/26
87633 4/7/26
76883 3/1 8/26
2941 4/3/26
768515 3/26/26
Ben2574357 411 7/26
Ben2574363 4tl 7/26
104337 3/31/26
90280709 3/18/26
90444417 4/1/26

LESLIE PARK BLUFF MAINTEI

TONER FOR CHECK PRINTEF

TONER FOR DESK TOP PRIN

CHEMICAL SUPPLIES

CHEMICAL SUPPLIES
ENG25-576 - 2841 CALLE HEF
ENG25-375-110 EL LEVANTE
ENG26-005 - 1 44 W MARQUIT
ENG26-006-146 W MARQUIT

HARDWARE / EQUIPMENT

MOBILE WASHING SERVICEE
AS-NEEDED STREET IMPRO\

SUPPLIES & PARTS

HIRSCH PIPE & SUPPLY-COI

CALLE FRONTERA LIFT STAT

IRRIGATION SUPPLIES

PROFESSIONAL PIGEON TR)
SEC 125 MEDICAL: PAYMENT

ANNUAL CONTINUING DISCL
ANNUAL ADMIN SVCS 2006-1
#9800 154381 2 SUPPLIES
#9800 154381 2 SUPPLIES
#9800 154381 2 SUPPLIES
#9800 154381 2 SUPPLIES
REEVES PUMP STATION HY[:

SUPPLY & DELIVERY OF FER
DEFERRED COMP ICMA: PAY
DEFERRED COMP/ICMA PTS:

D.O.T. DRUG TESTING, ALCC

MEDICAL SERVICES FOR CIT

MEDICAL SERVICES FOR CIT
Amount Paid
10,000.00
260.06
124.64
473.91
276.82
1,938.00
1,560.60
1,088.00
1,088.00
1,064.21
147.02

57.27 1,265.25
9,483.50
356.04
4,7 46.39
13,400.00
112.98

71.65 5.17
190.00
3,430.89
1,724.08
1 ,003.21
2 78.54
273.11

28.64 17.88
799.25
13,126.57
29,830.10
6,515.00
500.36
453.00
193.00
Check Total
10,000.00
384.70
750.73
5,67 4.60
1,268.50
1 ,265.25
9,483.50
356.04
4,7 46.39
13,400.00
189.80
190.00
3,430.89
2,727.29
598.17
799.25
13,126.57
29,830.10
6,515.00
500.36
646.00
Page:4
544
apCh'kLst
04/"16/2026 2:58:24PM
Final Check List

SAN CLEMENTE
Page: 5
Bank : city BMO
Check #
611076
611077
611078
611079
611080
611081
611082
611083
611084
611085
611086
611087
611088
Date Vendor
4/al7/26 024199
4/17/26 001207
4/17/26 025959
4/17 /26
4/1 7/26
4/al7/26
4/17 /26
038247
033778
034244
024076
4/17/26 003616
4/17 /26
4/17/26
4/17 /26
4/17 /26
4/17 /26
032629
014140
009470
0004ei7
000635
(Continued)
Invoice

OMNI ENTERPRISE INC
OCEAN BLUE ENVIRON S 42660
ODP BUSINESS SOLUTIO 463873465001
462237 447001
463996402001
463829297001
463502267001
463705927001
463711958001
463060472001
463059980001
CSCO326i
CSCO3262
CSCO3263
CSCO3265
CSCO3264
CSCO326
PACE PAYMENT SYSTEM: 450139-MAR
PASSPORT LABS INC INV-1059936
PLACER LABS INC 1NUSO9171
PRIORITY LANDSCAPE S' 20637
20667
20668
20638
PRUDENTIALOVERALLS 132380047
132380061
132380060
QUANTUM ANALYTICAL S 26174
QUINN COMPANY PC830445208
REBENSDORF, DAVID 032425
SAFETY KLEEN CORP 99327880
SAN CLEMENTE CITY EM Ben2574355
Inv Date Descriotion
3/27/26
3/25/26
3/20/26
3/25/26
3/24/26
3/25/26
3/24/26
3/24/26
3/27/26
3/27/26
4 /3/26
4/3/26
4/3/26
4/3/26
4/3/26
4/3/26
3/31/26
3/31/26
3/28/26
4 /1 /26
4/2/26
4/2/26
4/1 0/26
3/31 /26
3/31/26
3/31 /26
3/30/26
4 /7/26
3/24/25
3/4/26
4 /17/26

HAZARDOUS WASTE RESPO
OFFICE SUPPLIES A/C #8983a
OFFICE SUPPLIES A/C #8983'
OFFICE SUPPLIES NC #8983'
OFFICE SUPPLIES A/C #8983'
OFFICE SUPPLIES A/C #8983'
OFFICE SUPPLIES A/C #8983a
OFFICE SUPPLIES A/C #8983'
OFFICE SUPPLIES NC #8983'
OFFICE SUPPLIES A/C #8983-

OMNICLEAN - JANITORIAL - A
OMNICLEAN - JANITORIAL - h
OMNICLEAN - JANITORIAL - h

JANITORIAL SERVICES FOR I
OMNICLEAN - JANITORIAL - h

JANITORIAL SERVICES
MERCHANT #631638553869al:

MOBILE PAY PARKING FEES

LOCATION BASED SERVICES
PRIORITY - LANDSCP WESTi
PRIORITY - LANDSCP WESTi
PRIORITY - LANDSCP WESTi

GOLF COURSE LANDSCAPE
1372603 UNIFORMS RENTAL
1273601UNlFORMS RENTAL
1273604 UNIFORMS RENTAL

ANALYSIS OF HHV

PARTS FOR CITY HALL GENE

REIMBURSEMENT FOR LUNC
ACCT #C137984 MAINT. SERV
DUES - SCCEA: PAYMENT
Amount Paid
1 ,929.18
415.79
318.38
134.86
106.35

75.95 61 .79

16.80 13.35

6.89 2 2,831 .93
10,259.78
3,908.52
3,799.95
1,737.12
1 ,548.75
2 46.60
3 ,424.12
26,791 .00
40,942.50
3,380.00
2,250.00
2 ,175.00

60.56 56.85
3 3.32
1 ,oso.oo
189.25
2 8.00
182.46
1,540.00
Check Total
1,929.18
1,150.16
44,086.05
246.60
3,424.12
26,791 .00
48,7 47.50
150.73
1 ,080.00
189.25
2 8.00
182.46
1,540.00
Page: 5
545
apChkLst
04/'16/2026 2:58:24PM
Final Check List

SAN CLEMENTE
Page: 6
Bank : city BMO
Check #
611090
611091
611092
611093
611094
611095
611096
611097
611098
611099
611100
611101
6ffl02
Date Vendor
4/17/26 001174
4/17/26
4/17/26
4/17/26
4/17/26
027573
002431
002755
003204
4h7/26 000208
4/17/26 001753
4/17/26 027249
4/17/26 034517
4/17/26 019220
4/17/26 028921
4/17/26 014307
4/17/26 003511
(Continued)
Invoice
SAN DIEGO GAS & ELECI 033126
040226A
040326
032626
040226
032726
040226G
040926G
040126
033026
SIERRA ENGINEERING St SCWW1020
SMART & FINAL IRIS INC. 570866
SOUTH COAST DISTRIBU 323951
SOUTHERN CALIF GAS C 033026A
032626
033026
032726
SOUTHERN COUNTIES FI IN-0000331258
IN-00003261 01
SUMMERS MURPHY 26-0130
SUMMIT ENVIRONMENTA 2026-3CA
SYSCO RIVERSIDE INC 620203073
620186764
THE ADVANTAGE GROUP 195659
THE ECOHERO SHOW LL 3736
TIMESMEDIAGROUP 2026Cl-20418
84FA23BA-0217
84FA23BA-0220
84FA23BA-0222
84FA23BA-0219
029ECOF7-0090
84FA23BA-0218
820E906D-0008
TK ELEVATOR CORPORA 3009412839
3009412035
Inv Date Description
3/31 /26
4 /2/26
4/3/26
3/26/26
4 /2/26
3/27/26
4 /2/26
4/9/26
4/1 /26
3/30/26
3/1 9/26
4 /2/26
4/3/26
3/30/26
3/26/26
3/30/26
3/27/26
4/8/26
3/al /26
4 /1 /26
3/31 /26
4 /2/26
3/26/26
3/31 /26
3/31 /26
3/31 /26
3/20/26
3/25/26
4 /3/26
3/25/26
3/31 /26
3/20/26
3/26/26
4 /1 /26
4/1 /26
0019137335267 DISTRIBUTIO
0025190122526 DISTRIBUTIO
2100010172486 DISTRIBUTIO
0036981847742 DISTRIBUTIO
0007041665671 DISTRIBUTIO
0087322212229 DISTRIBUTIO
10"ll2124370 DISTRIBUTION (
0006191078453 DISTRIBUTIO
0025424688532 DISTRIBUTIO
0015824892008 DISTRIBUTIO
PERMITS CONSULTING SER\
ACCT #60124600010399088

SUPPLIES
01060702006 GAS SERVICES
07737028683 GAS SERVICES
11753986915 GAS SERVICES
05900755900 GAS SERVICES

FUEL PURCHASES FOR CITY

FUEL PURCHASES FOR CITY
PIER UNDERPASS ACCESS l?

COASTAL ADMINISTRATOR, (
CUST#177918-320 SUPPLY F(
CUST#177918-320 SUPPLY F(

COBRA ADMINISTRATION

ECOHERO EDUCATIONAL OL

CITY LEGAL ADS NOTICE

PUBLIC HEARING NOTICE

CITY LEGAL ADS NOTICE

TKE - ELEVATOR SVC - A & C
ELEVATOR MAINT. CONTRAC
Amount Paid
3,7 47.20
1,293.12
858.30

40.39 34.09

15.22 58,404.79
42,904.74
27,314.75
17,089.79
600.00
106.38
1 ,475.31

14.30 8 ,529.03
9 6.40
9,177.38
18,148.70
14,190.20
4,950.00
13,500.00
811.15
800.06
226.10
650.00
1 ,534.00
970.62
2 61 .49
179.70
163.42
126.84
112.59

65.24 1 ,417.83
2 39.12
Check Total
151 ,702.39
600.00
106.38
1,475.31
17,817.11
32,338.90
4,950.00
13,500.00
1 ,611.21
2 26.10
650.00
3,413.90
1 ,656.95
Page:6
546
apChkLst
04/16/2026 2:58:24PM
Final Check List

SAN CLEMENTE
Page: 7
Bank : city BMO
Check #
6ffl03
6ffl04
6ffl05
6ffl06
6ffl07
6ffl08
6ffl09
6ffllO
6ffli1
6ffll2
6ffl13
6ffl14
61ffl5
6ffl16
6ffl17
6ffl18
Date Vendor
4/17/26 036718
4/17/26 038021
4/17/26 000976
41'l7/26 037341
4/17/26 001088
4/17/26 037597
4/17/26 013109
4/17/26 031058
4/17/26 020106
4/17/26 003356
4/17/26 035466
4/17/26 030571
4/17/26 008174
4/17/26 000012
4/17/26 000870
4/17/26 027059
(Continued)
Invoice Inv Date Description Amount Paid Check Total
TRANSDEVFLEETSERVI 11962826 3/30/26
11962817 3/30/26
TREVIPAY 15FB4029 4/2/26
A2393C42 4/6/26
82AE787C 4/1 /26
TURBODATAINC 48283 3/31/26
48236 3/18/26
48284 3/31/26
TURF CONTROL LLC 1NV8643309 3/9/26
1NV8643322 3/10/26
UNDERGROUND SERVICI 320260620 4/1/26
25-263339 4/1 /26
VARSITYSCOREBOARDS290005 3/31/26
VERIZON 6139473439 3/25/26
6139473440 3/25/26
WARWICKGROUPCONS26-220-3 4/1/26
WASTE MANAGEMENT 0067772-2510-0 3/2/26
0067877-2510-7 3/16/26
0067619-2510-3 3/2/26
WATERLINE TECHNOLOC 5785324 3/23/26
5786452 3/30/26
5786450 3/30/26
WEBSTAURANTSTOREL123739783 3/31/26
WEST COAST CODE COh 226-03-458-01 4/2/26
WEST COAST SAND & GF 940376 3/25/26
WILLDAN FINANCIAL SEFi 010-65394 3/27/26
010-65395 3/27/26
WITTMAN ENTERPRISES 202602-C1844 3/18/26
ZAPP PEST MANAGEMEh 25173 3/5/26
24888 3/31/26
25174 3/24/26
24949 3/1 9/26

FLEET MAINTENANCE CONTI

FLEET MAINTENANCE NON C

OFFICE SUPPLIES - SCAC

CITATION PROCESSING FOR

PARKING ENFORCEMENT PR
ADMIN CITATION PROCESSlTh

GC - FULL CIRCLE SPRINKLE

GC - TOOLS

UNDERGROUND SERVICE F(

UNDERGROUND SERVICE F(
SCOREBOARD & CASE CON1

WIRELESS SERVICES-VERIZI

FEDERAL LOBBYING SERVIC

GRIT & SCREENING SERVICE

HYPOCHLORITE SOLUTIONS

CONCESSION SUPPLIES

BUILDING PLAN REVIEW SEF

SCREENED FILL SAND
CFD 99-1
RAD 2016-1

AMBULANCE BILLING SERVI(

PEST CONTROL SERVICE

ZAPP - PEST CTRL BCH&PIEF

PEST CONTROL SERVICE

ZAPP - PEST CTRL BCH&PIEF
54,939.83
4,121.78
158.66

79.70 45.85
3,599.74
1,047.81
197.46
1,012.95
360.90
420.65
91 .47
4,821 .83
14,566.26
381 .90
5 ,000.00
709.51
6 20.32
540.35
3,070.88
2,889.21
552.76
2,284.62
5,414.79
905.35
437.50
375.00
15,042.22
275.00
235.00
225.00
125.00
59,061 .61
284.21
4,845.01
1,373.85
512.12
4,82"l.83
14,948.16
5,000.00
1,870.18
6,512.85
2,284.62
5,414.79
905.35
812.50
15,042.22
860.00
Sub total for BMO: 1,700,099.83
Page:7
547
apChkLst
04/16/2026 2:58:24PM
102 checks in this report.

Final Check List

SAN CLEMENTE
Page: 8
Grand Total All Checks: 1 ,700,099.83
Page: 8
548
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: May 5, 2026 Agenda Item: (2)
..ag endizedby
..end
Subject:
..titl e
Approve Warrant Nos.
611119 through 611246, paid on
4-24-26, in the amount of $1,802,244.64
549

CITY OF SAN CLEMENTE

CERTIFICATION OF W ARRANTS

I HEREBY SUBMIT THE ATTACHED

WARRANT REGISTER FOR AUDIT

AND APPROVAL BY THE CITY

COUNCIL, CITY OF SAN CLEMENTE

APPROVED AND ORDERED PAID AT

THE MEETING OF THE CITY COUNCIL

HELD ON
IN THE AMOUNT OF $1 ,802,244.64
DATED ON 04/24/2026

CITY MANAGER MAYOR
ATTEST:

CITY CLERK

I HEREBY CERTIFY TO THE ACCURACY OF THE FOREGOING

DEMANDS AND THAT FUNDS ARE AVAILABLE FOR PAYMENT
THEREOF:

PAID BY WARRANTS SIGNED BY LEGALLY

DESIGNATED PERSONS IN ACCORDANCE

WITH THE STATE OF CALIFORNIA
GOVERNMENT CODE, SECTION-41003

FINANCE MANAGER CITY TREASURER
550
apChkLst
04/23/2026 11:49:17AM
Final Check List

SAN CLEMENTE
Page: I
Bank : city BMO
Check #
6 6
6 6
6 6
6 6
6 6
6 6
6 6
Date
4/24/2026
4/24/2026
4/24/2026
4/24/2026
4/24/2026
4/24/2026
4/24/2026
4/24/2026
4/24/2026
4/24/2026
4/24/2026
4/24/2026
4/24/2026
4/24/2026
Vendor
016621
035116
017063
035411
020113
015621
024287
038400
025910
025910
025910
015955
037745
024030
6ffl33
6ffl34
4/24/2026 006409
4/24/2026 033685
6ffl35
611136
4/24/2026 026276
4/24/2026 033962
611137
611138
4/24/2026 037773
4/24/2026 032624
6ffl39
6ffl40
6ffl41
6ffl42
6ffl43
4/24/2026 036023
4/24/2026 038403
4/24/2026 037188
4/24/2026 005046
4/24/2026 001033
Invoice
41MPRlNT INC 31327054
ACCESS CONTROL SECL 0074314
ADMINSURE INC 18799
AFE SPORTS 52142
ALBERT, SOPHI 041426
ALEXANDER'S CONTRAC 202603310014
AM CONSERVATION GRO 1N2081297
AQUA FITNESS SOLUTIOI 041326
ARCADIAN BANK 042126 CUERV(
ARCADIAN BANK 042126 LAS OL)
ARCADIAN BANK 042126 VICTOR
ASSI SECURITY INC 79255
BAEZ, ADAM 4826
BAY ALARM COMPANY 22863569
22863430
22891717
BAY CITY INDUSTRIAL SL 3ffl86
BEAR STATE WATER HEA 806124
805990
806257
BINA, ANTONY 033126
BKF ENGINEERS 26040289
26040292
26040294
BLWALLACE DISTRIBUT( 20261419
BLECKERT'S POWER SEI 1410
1412
1406
1411
BLUE WHITE INDUSTRIEE 778387
BRADLEY, TYLER C 4726
BREAKWATER AQUATICS 245
C. WELLS PIPELINE MATE S1NV26-2205
CALIF DEPT OF TAX & FE 20261STQTR
Inv Date Description
4/1 5/2026
4/7/2026
4/1 5/2026
2/5/2026
4/1 4/2026
3/31 /2026
4 /1 /2026
4/1 3/2026
4/21 /2026
4/21/2026
4/21 /2026
4/al /2026
4/8/2026
3/25/2026
3/25/2026
4 /3/2026
3/27/2026
1 /27 /2026
1/29/2026
1/29/2026
3/31 /2026
4 /1 0/2026
4/1 0/2026
4/1 0/2026
4/9/2026
4/1 /2026
4/1 0/2026
3/1 /2026
4 /1 0/2026
4/2/2026
4/7/2026
4/1 /2026
4/6/2026
4/22/2026
ACCOUNT #4860021

PRIVATE PARKING ENFORCE

CLAIMS ADMINISTRATION

AFE SPORTS-VHSP TURF RE

CONTRACT INSTRUCTOR PA

METER SERVICE CONTRACT

IMPRINTED BLUE HOSE NOZ

CONTRACT INSTRUCTOR PA
220 CALLE CUERVO - CDBG I
52 MIRA LAS OLAS CDBG Ha
226 AVENIDAVICTORIACDB(

ASSI SECURITY - CH STWY C
SOFTBALL OFFICIAL PAYMEt'.
3300770 MONITORING SERVI
3300770 MONITORING SERVI
BAY ALARM - PARTIAL FY202 €

PARTS/HARDWARE
BOILER FALL SERV. AGRMT.

BOILER FALL SERV. AGRMT.

REIMB. FOR REAL PARS Malt

POCHE BEACH WATER RECL

CATCH BASIN AND STORM D
STORM DRAIN REHAB. SC D(

PARTS/SERVICE
GENERATOR RENTAL FOR (;

CITY HALL STANDBY EMERG

GENERATOR RENTAL FOR C

CITY HALL STANDBY EMERG

VALVES FOR CHEMICAL PUM
FOOTBALL OFFICIAL PAYMEf'

WSI TRAINING

PIPELINE MATERIALS

SALES & USE TAX RETURN A
Amount Paid
826.45
1 ,504.00
1,845.00
331 ,445.41
507.50
22,687.84
849.31
297.50
35,000.00
25,000.00
15,000.00
15,683.20

80.00 125.00
385.00
1,103.00
1,131.85
176.23
333.58
333.58

60.00 4,030.00
1 ,946.00
2 ,854.00
1,027.82
6,500.00
600.00
6 ,500.00
7 50.00
1,325.48

80.00 1 ,730.00
2 ,682.98
76,357.00
Check Total
826.45
1 ,504.00
1,845.00
331 ,445.41
507.50
22,687.84
849.31
297.50
35,000.00
25,000.00
15,000.00
15,683.20

80.00 1 ,613.00
1,131.85
843.39

60.00 8,830.00
1,027.82
14,350.00
I ,325.48

80.00 1 ,730.00
2 ,682.98
76,357.00
Page: I
551
apChkLst
04/23/2026 11:49:"17AM
Bank : city BMO
Check # Date Vendor
611144
611145
6ffl46
6ffl47
6ffl48
611149
6ffl50
6ffl5l
6ffl52
6ffl53
6ffl54
611155
6ffl56
4/24/2026 022197
4/24/2026 027238
4/24/2026 038152
4/24/2026 036361
4/24/2026 035039
4/24/2026 035342
4/24/2026 036320
4/24/2026 001394
4/24/2026 006090
4/24/2026 037818
4/24/2026 000168
4/24/2026 017717
4/24/2026 033164
Final Check List

SAN CLEMENTE
(Continued)
Invoice Inv Date Description
CALIF FUELS & LUBRICAi P3843990-2
P3843990-1
CALPINE ENERGY SOLU1 2610500231994(
2610500231994(
CAPO A GENERAL CONTF PP4
CETO CONSULTING LLC 1 47
CHEM PRO LLC 1N239254
CMCA LAW GROUP APC 9706
9707
9710
9715
9717
9722
9714
9721
9711
9713
9712
9720
9716
9719
9708
9709
CLEARTECH MEDIA 8305
COOK PGA GOLF SHOP II 042026
COX COMMUNICATIONS 048750601
5017601 048750(
049351101
049351201
058716701
CREEK, ANDERSEN 4726
CWEA - TCP 447090
D & H WATER SYSTEMS I 12026-0555
DEBUT SURF SCHOOL 040626
4/6/2026
4/6/2026
4/1 5/2026
4/1 5/2026
4/1 3/2026
4/6/2026
4/1 /2026
4/2/2026
4/2/2026
4/2/2026
4/2/2026
4/2/2026
4/2/2026
4/2/2026
4/2/2026
4/2/2026
4/2/2026
4/2/2026
4/2/2026
4/2/2026
4/2/2026
4/2/2026
4/2/2026
4/1 3/2026
4/20/2026
4/1 /2026
4/1 /2026
3/1 /2026
3/1/2026
4/8/2026
4/7/2026
4/3/2026
4/3/2026
4/6/2026

CA FUELS & LUBRICANTS - F

CA FUELS & LUBRICANTS - F
ELECTRICITYA/C #281219
ELECTRICITY A/C #271426

LIFEGUARD TOWERS REPLA

DATA CAPTURE AND ANALYZ

WATER TRTMT SVC

CODE ENFORCEMENT LEGA

OCSD LEGAL SERVICES FOR

CODE ENFORCEMENT LEGA

OCSD LEGAL SERVICES FOR

CODE ENFORCEMENT LEGA

BATTERIES FOR BIGFOOT S(
04/1 3/26 - 04/1 9/26 WEEKLY P
A/C 001 7601 048750601
A/C 501 7601 048750601

MONTHLY COX SCADA COMR

COX DATA AND VIDEO SERVI
FOOTBALL OFFICIAL PAYMETh
CERT. RENEWAL - E. FRITZS

PARTS/SUPPLIES

INSTRUCTOR PAYMENT
Amount Paid
2,370.89
940.24
6,976.84
18,312.58
32,205.00
5,000.00
344.00
875.60

26.30 279.94
105.20
263.00
12 ,000.00
13 1.50

36.43 1 ,265.39
1 ,213.84
2 ,163.63
2,394.60
6,386.85
867.90
131.50
131.50
207.79
29,376.20
150.53
293.31
540.54
250.00
6,405.'l8
120.00
114.00
4,97 4.47
1 ,219.40
Page: 2
Check Total
3,311.13
25,289.42
32,205.00
5,000.00
344.00
28 ,273.18
207.79
29 ,376.20
7,639.56
120.00
114.00
4,97 4.47
1,219.40
Page:2
552
apChkLst
04/23/2026 11:49:17AM
Final Check List

SAN CLEMENTE
Page: 3
Bank : city BMO
Check #
6ffl57
6ffl58
6ffl59
611160
6ffl6l
6ffl62
611163
6ffl64
Date Vendor
4/24/2026 002647
4/24/2026 015986
4/24/2026 009540
4/24/2026 018372
4/24/2026 004177
4/24/2026 028235
4/24/2026 019005
4/24/2026 023219
6 6
6 6
6 6
6 4/24/2026 016687
4/24/2026 000026
4/24/2026 002806
4/24/2026 023638
4/24/2026 012860
4/24/2026 030321
4/24/2026 012285
6ffl72
6ffl73
4/24/2026 033376
4/24/2026 015195
6ffl74
6ffl75
4/24/2026 031131
4/24/2026 001926
6ffi76
6ffi77
4/24/2026 002311
4/24/2026 001140
(Continued)
DENAULTaS HARDWARE

DESTEFANO, LOUIS
DUDEK & ASSOCIATES Ih
DUNCAN SE, CAMERON [

E STEWART & ASSOC IN(

ECOLOGY CONTROL IND

ELIFEGUARD INC

EVANTEC CORPORATIOIS

FAZEKAS & ASSOCIATES

FEDERAL EXPRESS COR

FEDEX OFFICE

FOREUP GOLF SOFTWAF
FUN EXPRESS INC.

GENTRY GENERAL ENGli

GLENN'S WELDING

GLOBAL MARKETING & S

GMU GEOTECHNICAL IN(

GOMEZ, JOSUE

GRAINGER INC, W W
Invoice
533973
534045
533919
4826
202603311
SC-2025 LGT-O
9919S
9918S
9921S
9922S
99208
2319553-IN
1000071506
202600210
202600271
202600281
23538
9-240-33822
031600222044
02-2026-65766
74184259101
PN15323-1
693624
693623
11276
13563
13564
040626
9855954815
9865346309
HAAKER EQUIPMENT CO 1NV29879
HACH COMPANY 14948503
14915532
14912952
14912961
Inv Date Description
3/31 /2026
4 /6/2026
3 /26/2026
4 /8/2026
4/1 0/2026
4/1 6/2026
3/20/2026
3/20/2026
3/20/2026
3/20/2026
3/20/2026
3/31/2026
4 /1 4/2026
3/al i /2026
3/24/2026
3/30/2026
3/31 /2026
4 /3/2026
3/25/2026
2/1 /2026
4/9/2026
3 /31 /2026
4 /7/2026
4/2/2026
4/1 /2026
4/6/2026
4/6/2026
4/6/2026
3 /26/2026
4 /2/2026
2/1 9/2026
4/6/2026
3/1 3/2026
3/1 2/2026
3/1 2/2026

HARDWARE & MAINT SUPPLI

HARDWARE & MAINT SUPPLI
ADULT SOFTBALL OFFICIAL l

AVENIDA MONTALVO CANYO
CONTRUCTION SUPPORT S\,
GRAFFITI REMOVAL-PRIV.&
GRAFFITI REMOVAL-PRIV.&

GRAFFITI REMOVAL - PUBLIC

AC PIPE STORAGE AND REM

CRASH BAG

SUPPLIES

BUILDING PLAN REVIEW SEF

SHIPPING CHARGES

SUPPLIES
ANNUAL FOREUP GOLF SUB:

RECREATION PROGRAM SUF
CAMINO MIRA COSTA MEDIA[

TRASH CAN MOUNTS

STAINLESS SCAC POOL CRA

MONTHLY JANITORIAL SVC
ENG23-055 - 1603 CALLE SAC
ENG23-056 - 1601 CALLE SAC
REIMB. FOR WORK BOOTS

HARDWARE / EQUIPMENT

PARTS / HARDWARE

LAB SUPPLIES

LAB SUPPLIES
Amount Paid

16.47 333.41
285.93
120.00
1,110.00
5,000.00
2 ,080.00
3 ,000.00
3,640.00
240.00
1 ,520.00
372.00
329.57
215.25

46.16 100.04
1 ,485.93

79.51 191.26
5,005.80
413.34
71,103.70
4,500.00
900.00
1 ,240.85
1 ,088.00
1 ,088.00
193.95
327.32
2 25.37
1 ,379.86
148.98
338.40
51 .77
595.91
Check Total
635.81
120.00
i,110.00
5,000.00
10,480.00
372.00
329.57
361 .45
i ,485.93

79.51 191.26
5,005.80
413.34
71,103.70
5,400.00
1 ,240.85
2,176.00
193.95
552.69
1 ,379.86
1,135.06
Page: 3
553
apChkLst
04/23/2026 11:49:17AM
Final Check List

SAN CLEMENTE
Page:4
Bank : city BMO
Check #
6ffl78
6ffl79
611180
611181
6ffl82
611183
611184
Date Vendor
4/24/2026 023511
4/24/2026 038419
4/24/2026 019208
4/24/2026 003185
4/24/2026 007033
4/24/2026 012787
4/24/2026 0316"l8
6 6
6 6
6 6
6 6
4/24/2026 037681
4/24/2026 022623
4/24/2026 000379
4/24/2026 030941
4/24/2026 019816
4/24/2026 027171
4/24/2026 000937
4/24/2026 012492
(Continued)

HARPER, EVERETT

HOGAN, CADEN

HOYT ROOFS INC

IDEXX DISTRIBUTION INC

IMPERIAL SPRINKLER SU

INFOSEND INC
INNOVATIVE PEST SOLLn
INSPIRA FINANCIAL 1005':

JCTEES COM CORPORA1

JONES CHEMICALS INC

LAZ KARP ASSOCIATES L

LGC GEOTECHNICAL INC

LINCOLN AQUATICS
LINDE GAS & EQUIPMENLITTLEJOHN-REULAND C
Invoice
4826
41326
4726
B26-0024
3196846788
0026097925-00
0026121641-00
0026185425-00
0026120039-00
0026097998-00
0026162428-00
0026049163-00
026120039-002
00261 54408-00'l
306726
120041
119392
100576-21 5409(E
11034
993465
S11049432
01-24451
30496434
55818270
0068104
Inv Date Description
4/8/2026
4/13/2026
4/7/2026
1/6/2026
3/20/2026
4 / 0/2026
4/ 0/2026
4/ 4/2026
4/ 0/2026
4/ 0/2026
4/ 3/2026
4/ 0/2026
4/1/2026
4/ 3/2026
3/27 /2026
4/17 /2026
4/11 /2026
4/1 0/2026
4/1 4/2026
4/8/2026
3/31 /2026
2 /28/2026
3/23/2026
3/31 /2026
4 /1 4/2026
ADULT SOFTBALL OFFICIAL l
ADULT SOFTBALL OFFICIALj
FLAG FOOTBALL OFFICIAL 4/

REFUND OF WMP FEE

LAB SUPPLIES / PARTS

RRIGATION SUPPLIES

FLYER INSERTS FOR CERT L

PROFESSIONAL PIGEON TR)

DEPENDENT CARE HEALTHC

RECREATION STAFF UNIFOR

CONTRACT BETWEEN SOCV

TROLLEY OPERATIONS (RED
GEOTECHNICAL EVALUATI(]

FOUNTAINS FOR MAX BERG
CUSTOMER #71635749 CHEffi

PICO BOOSTER STATION MO
Amount Paid
200.00
200.00
120.00
250.00
1 ,755.25
240.54

77.95 247.47

57.74 207.13

62.23 65.11

82.05 212.32
967.48
190.00
190.00
186.42
965.39
8,379.18
32,726.70
1,884.90
7,063.96
197.30
11,626.59
Check Total
400.00
120.00
250.00
1,755.25
1,252.54
967.48
380.00
186.42
965.39
8,379.18
32,726.70
1,884.90
7,063.96
197.30
11,626.59
Page:4
554
apChkLst
04/23/2026 11:49:17AM
Final Check List

SAN CLEMENTE
Page: 5
Bank : city BMO
Check #
611193
6ffl94
6ffl95
611196
6ffl97
6ffl98
6ffl99
611200
611201
611202
611203
611204
611205
611206
611207
Date Vendor
4/24/2026 007564
4/24/2026 026336
4/24/2026 038401
4/24/2026 035869
4/24/2026 0al5082
4/24/2026 038061
4/24/2026 038385
4/24/2026 023015
4/24/2026 017930
4/24/2026 037777
4/24/2026 001207
4/24/2026 008563
4/24/2026 020153
4/24/2026 034649
4/24/2026 037860
(Continued)
Invoice
LOWE'S COMPANIES INC 74423
93258
991273
99752
75010
91869
98950
83686
97609
974747
82362
97026
84680
MAGIC JUMP RENTALS 0131304
MARIACHI ORGULLO DEi0004
MIHELE, LUKE 4726
41326
MILES CHEMICAL COMPA 769585
NELSON, DRAKE 4726
NESO LLC 0873
NURSERY PRODUCTS LL 67056
O'BLENES, JAMES 032026
OCY MANAGEMENT LLC 3703526
3703026
ODP BUSINESS SOLUTIO 458187506001
458195600001
458195549001
462262250001
ONESOURCE DISTRIBUT SOO8229685.001
PACtFIC ADVANCED CMl 11693
11692
PARSONS, ROSS 41326
4826
PETAGNA, STEPHEN ENG25-386
Inv Date Description
4/2/2026
4/8/2026
2/24/2026
4/1 /2026
3/25/2026
3/30/2026
4 /1 /2026
4/6/2026
4/9/2026
2/1 8/2026
4/1 4/2026
3 /31/2026
4 /6/2026
4/8/2026
3/17/2026
4 /7/2026
4/1 3/2026
4/7/2026
4/7/2026
3/1 6/2026
4 /6/2026
3/20/2026
3/31 /2026
3/31 /2026
3/20/2026
3/20/2026
3/20/2026
3/30/2026
4 /3/2026
3/3U2026
3/31/2026
4 /1 3/2026
4/8/2026
2/3/2026
#9800 5438 2SUPPLlES
#9800 5438 2 SUPPLIES
#9800 5438 2 SUPPLIES
#9800 5438 2 SUPPLIES
#9800 5438 2 SUPPLIES
#9800 5438 2SUPPLlES
#9800 5438 2SUPPLlES
#9800 5438 2 SUPPLIES
#9800 5438 2SUPPLlES
#9800 5438 2SUPPLlES
#9800 5438 2SUPPLlES
#9800 5438 2 SUPPLIES
#9800 5438 2 SUPPLIES
CINCO MECHANICAL BULL 5/

DEPOSIT FOR CINCO DE MA'
FLAG FOOTBALL OFFICIAL 4/
FLAG FOOTBALL OFFICIAL 4/

SUPPLY & DELIVERY OF FER
FOOTBALL OFFICIAL PAYMa'

RED PARTY SIZE TENTS FOFI

TRANSPORT OF BIOSOLIDS '
REIMB. FOR CREW MEAL ON
SENIOR MOBILITY PROGRAffi
SENIOR MOBILITY PROGRAffi
OFFICE SUPPLIES A/C #8983'
OFFICE SUPPLIES A/C #8983a
OFFICE SUPPLIES A/C #8983'
OFFICE SUPPLIES A/C #8983'
PARTS
PICO BOOSTER PUMP STATi(

WRP EFFICIENCY STUDY
SOFTBALL OFFICIAL PAYMETh
SOFTBALL OFFICIAL PAYMEh
REFUND OF SIDEWALK WAI\,
Amount Paid

72.66 126.88

65.60 387.36
238.61
161.17

56.23 60.07
265.9i

42.10 45.90

69.52 51.16
3,029.15
250.00
200.00
160.00
12,714.87
120.00
452.55
40,554.06

66.90 5,366.50
9,867.00

70.90 22.62
470.19

37.71 900.05
6,751 .60
1 ,679.20
2 00.00
160.00
345.00
Check Total
1,643.17
3,029.15
250.00
360.00
12,714.87
120.00
452.55
40,554.06

66.90 15,233.50
601 .42
900.05
8,430.80
360.00
345.00
Page: 5
555
apChkLst
04/23/2026 11:49:17AM
Final Check List

SAN CLEMENTE
Page: 6
Bank : city BMO
Check #
611208
611209
611210
611211
611212
611213
611214
611215
611216
611217
611218
611219
611220
611221
611222
611223
Date Vendor
4/24/2026 008613
4/24/2026 038451
4/24/2026 003616
4/24/2026 038447
4/24/2026 014140
4/24/2026 000267
4/24/2026 037227
4/24/2026 038395
4/24/2026 000467
4/24/2026 011271
4/24/2026 001174
4/24/2026 009896
4/24/2026 034013
4/24/2026 034777
4/24/2026 002431
4/24/2026 003563
(Continued)

POLYDYNE INC

PRESSNELL, JERRY

PRUDENTIAL OVERALL S

QUILL AUDIO

QUINN COMPANY

R & R INDUSTRIES INC

RAMIREZ, ALEJANDRA

ROLL OFF SOLUTIONS, II'

SAFETY KLEEN CORP

SAN CLEMENTE JOURNA
SAN DIEGO GAS & ELEC1

SANTA MARGARITA WATE

SCA OF CA LLC

SHENKER, TROY
SMART & FINAL IRIS INC.

STANDARD INSURANCE
Invoice
2019195
2017592
B25-1120
32382136
32380064
32382135
32382132
32380063
32380062
32382134
32382133
32382117
32380065
32382131
204
PC830445532
712355
B25-1344
2249
2296
99521624
6791
040326A
041326
00114013000-52
00094005000-45
00114013000-51
00094005000-4!1
00114013000-50
0011 4013000-52
00114013000-52
CA25002678
040926
163622
050126
Inv Date Description
4/1 4/2026
4/8/2026
1 0/8/2025
4/7/2026
3/31 /2026
4 /7/2026
4/7/2026
3/31 /2026
3/31 /2026
4 /7/2026
4/7/2026
4/7/2026
3/31 /2026
4 /7/2026
3/5/2026
4 /1 5/2026
4/3/2026
9/30/2025
3/5/2026
4 /8/2026
4/1 /2026
3/31 /2026
4 /3/2026
4/ 3/2026
4/ 0/2026
4/ 0/2026
4/ 0/2026
4/ 0/2026
4/ 0/2026
4/ 0/2026
4/ 0/2026
9/30/2025
4/9/2026
4 /2/2026
5/1 /2026
SUPPLY & DELIVERY OF PO[
LIQUID ALUM (C-1005) FOR Vl

REFUND OF WMP FEE
RENTAL AND CLEANING OF l

RENTAL AND CLEANING OF L
RENTAL AND CLEANING OF l
1273601 UNIFORMS RENTAL

RENTAL AND CLEANING OF L

RENTAL AND CLEANING OF L
1372603 UNIFORMS RENTAL

RENTAL AND CLEANING OF L
1273604 UNIFORMS RENTAL

SOUND TECH MEMORIAL DA

CITY HALL GENERATOR INS'T

CITY APPAREL

REFUND OF WMP FEE
JOINT AGREEMENT #C26-06
JOINT AGREEMENT #C26-06
MAINTENANCE SERVICE & Sl

ADVERTISING SPRING EDITII
0027730835997 DISTRIBUTIO
0052638245453 DISTRIBUTIO
WATER SERVICES #OO 40 3
WATER SERVICES #OO 40 3
WATER SERVICES #OO 40 3
WATER SERVICES #OO 40 3
WATER SERVICES #OO 40 3
WATER SERVICES #OO 40 3
WATER SERVICES #OO 40 3
SCA-ST. SWPG.- BASE FY20

BUS PASSES REIMBURSEME
ACCT #60124600010399088

VOLUNTARY LIFE INSURANC
Amount Paid
9,119.96
12,928.93
500.00

19.50 86.11

77.70 56.85

71.79 23.52

72.01 23.52

60.56 19.50

33.32 562.50

14.98 453.33
500.00
2,472.50
1 ,061 .25
390.21
850.00
1 ,242.53

11.63 469.85

86.01 322.13
I ,666.20
I ,962.76
234.07
105.89
48,008.34
105.00
427.15
166.90
Check Total
22,048.89
500.00
544.38
562.50

14.98 453.33
500.00
3,533.75
390.21
850.00
1,254.16
4,846.91
48,008.34
105.00
427.15
166.90
Page:6
556
apChkLst
04/23/2026 11:49:17AM
Final Check List

SAN CLEMENTE
Page: 7
Bank : city BMO
Check #
6 6
6 6
6 6
6 6
6 6
224
225
226
227
228
229
230
231
232
233
Date
4/24/2026
4/24/2026
4/24/2026
4/24/2026
4/24/2026
4/24/2026
4/24/2026
4/24/2026
4/24/2026
4/24/2026
Vendor
014098
034517
035553
022730
014307
036718
038021
029979
003824
033361
611234
611235
4/24/2026 033236
4/24/2026 001190
611236 4/24/2026 019485
611237
611238
6alal239
611240
611241
4/24/2026 038031
4/24/2026 0351 44
4/24/2026 038434
4/24/2026 023811
4/24/2026 008174
611242
611243
611244
611245
611246
4/24/2026 031253
4/24/2026 003389
4/24/2026 037030
4/24/2026 038049
4/24/2026 027059
(Continued)

STANDARD INSURANCE

SYSCO RIVERSIDE INC

TATICH, TAMARA

THE CPR LADY INC

TIMES MEDIA GROUP

TRANSDEV FLEET SERVI

TREVIPAY

TRUSSELL TECHNOLOGI

TYLER TECHNOLOGIES I

UNDERGROUND SOLUTI(
US PROFESSIONAL PICKi

USA BLUE BOOK

VCA CODE GROUP

VERDANTAS INC

VICON ENTERPRISE INC

WALZ, COLTON
WELLS FARGO ADVISOR!

WEST COAST SAND & GF

WESTFALL, RACHEL

WHITE CAP CONSTRUCT

WIGGINS, ANDREW

WILLARDSON, DRUE
ZAPP PEST MANAGEMEfS
Invoice
MAY26
620217326
041626
CPR260064
84FA23BA-0210
11962825
FF7B930D
0000011408
045-555075
8651
8679
041526
1NVO1015478
1NVO1015278
50-10149-07
50-10025-04
81036
1339
4726
7320
942866
943421
041426
10023406461
4726
4726
24935
24887
Inv Date Description
5/1 /2026
4/9/2026
4/1 6/2026
4/3/2026
3/4/2026
3/30/2026
4 /1 4/2026
4/1 3/2026
2/28/2026
2/23/2026
3/20/2026
4 /1 5/2026
4/9/2026
4/9/2026
3/3al /2026
3/31 /2026
4 /6/2026
4/6/2026
4/7/2026
4/1 /2026
4/1 /2026
4/2/2026
4/1 4/2026
4/7/2026
4/7/2026
4/7/2026
3/20/2026
3/20/2026

INSURANCE
CUST#177918-320 SUPPLY F(
REIMB. - STORAGE ORGANIZ

BLS CPR CERTIFICATIONS

CITY LEGAL ADS NOTICE
TROLLEY MAINTENANCE SEi

OFFICE SUPPLIES - SCAC

AREATION BLOWER IMPROV

TYLER ANNUAL SAAS FEES

FILTER PLANT POTHOLING

INSTRUCTOR PAYMENT

SUPPLIES

BUILDING PLAN REVIEW SEF

CONTRACT BUILDING INSPE
ENG26-042 - 1000 CALLE COF

CONSTRUCTION CONTRACT
FLAG FOOTBALL OFFICIAL 4/
457 PLAN 4TH QUARTER

GC- PATHWAY MIX

SCREENED FILL SAND

CONTRACT INSTRUCTOR PA

FLAG TAPE
FOOTBALL OFFICIAL PAYMEi'
FOOTBALL OFFICIAL PAYMEi

PEST CONTROL SERVICE

PEST CONTROL SERVICE
Amount Paid
8,519.7i
723.96
1 ,018.80
2 53.00
288.33
2,546.63
152.14
510.00
227,595.00
2,075.00
13,975.00
5,260.50
205.68

9.17 11,749.63
7,418.70
2,818.50
462,37 4.50
120.00
6,250.00
1,460.01
510.89
875.00

37.15 120.00
120.00
130.00
105.00
Sub total for BMO:

Check Total
8,519.71
723.96
I ,018.80
253.00
288.33
2,546.63
152.14
510.00
227,595.00
16,050.00
5,260.50
214.85
19,168.33
2,818.50
462,37 4.50
120.00
6,250.00
I ,970.90
875.00

37.15 120.00
120.00
235.00
I ,802,244.64
Page:7
557
apChkLst
04/23/2026 11:49:17AM
128 checks in this report.

Final Check List

SAN CLEMENTE
Page: 8
Grand Total All Checks: I ,802,244.64
Page: 8
558
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: May 5, 2026 Agenda Item: (3)
..ag endizedby
..end
Subject:
..titl e
Approve Handwrite Nos. 611403,
Wire Transfer Nos. 3423 through
3431 and Warrant Nos. 611247
through 611402, paid on 5-1-26,
in the amount of $1,629,630.75
TOTAL WARRANT REGISTER $5,131,975.22 ..end
559

CITY OF SAN CLEMENTE

CERTIFICATION OF WARRANTS

I HEREBY SUBMIT THE ATTACHED

WARRANT REGISTER FOR AUDIT

AND APPROVAL BY THE CITY

COUNCIL, CITY OF SAN CLEMENTE

APPROVED AND ORDERED PAID AT

THE MEETING OF THE CITY COUNCIL

HELD ON
IN THE AMOUNT OF $1 ,629,630.75
DATED ON 05/01 /2026

CITY MANAGER MAYOR
ATTEST:

CITY CLERK

I HEREBY CERTIFY TO THE ACCURACY OF THE FOREGOING

DEMANDS AND THAT FUNDS ARE AV AILABLE FOR PAYMENT
THEREOF:

PAID BY WARRANTS SIGNED BY LEGALLY

DESIGNATED PERSONS IN ACCORDANCE

WITH THE STATE OF CALIFORNIA
GOVERNMENT CODE, SECTION-41003

CITY TREASURER
560
apChkLst
04/29/2026 3:"12:09PM
Final Check List

SAN CLEMENTE
Page: "l
Bank : city BMO
Check #
3423
3424
3425
3426
3427
3428
3429
3430
3431
6 247
6 248
6 249
6 250
6 251
6 252
6 253
6 254
6 255
6 256
611257
Date
/2026
/2026
/2026
/2026
/2026
/2026
/2026
/2026
/2026
/2026
/2026
/2026
/2026
/2026
/2026
/2026
/2026
/2026
/2026
Vendor
024009
002474
000964
000964
011923
000010
004156
001819
014754
016780
038437
013599
010213
019846
038420
038463
038374
038376
019898
5/1/2026 024030
6 6
6 6
6 6
6 6
6 258
259
260
261
262
263
264
265
266
5/ /2026
5/ /2026
5/ /2026
5/ /2026
5/ /2026
5/ /2026
5/ /2026
5/ /2026
5/ /2026
038455
038459
038480
038244
038441
038477
026424
035390
035241
611267 5/1/2026 038421
Invoice
CAPUB EMP RETIREMEN PP#08/26
CA PUB EMPLOY RETIREI PPO8/26
CALPERS 10000001827651
CALPERS 1000000182765-
CALPERS - REPLC BENEI 1000000182738:

CALIF STATE OF, EMPLO' Ben2574954
CALIF STATE OF, EMPLO' Ben2574952
FEDERAL WITHOLDING T Ben2574950
STATE DISBURSMENT UTh Ben2574956
ABDELMUTI DEVELOPME 050126
ACE PARKING MANAGEM 198935
ADOLF KIEFER & ASSOC 1NVOO1588729
AFLAC Ben2574944
AGE WELL SENIOR SERV 041526
ALBERS, ALLYSON 102897389
All JAZAYERI DDS INC Ref002574828
ALLIANCE DIVERSIFIED Ref002574841
ALLIANCE DIVERSIFIED Ref002574842
ATS COMMUNICATIONS 130059
130060
BAY ALARM COMPANY 22891788
22888833
BEACH CITIES VERVE AR 041 426
BEACH, RON Ref002574823
BENNETT, SUZETTE Ref002574847
BIG BEN ENGINEERING PP1
BIKE WORKS 103109290
BOLLARD, APRIL Ref002574844
BOUGHTON, MARJORIE1050126
BRETON, ERALYN Ref002574824
BURKE WILLIAMS & SORI 364654

CALDERON, MARY
364649
364653
102778685
Inv Date Description
4/ 2/2026
4/ 2/2026
4/ 4/2026
4/ 4/2026
4 / 3/2026
5/ /2026
5/ /2026
5/ /2026
5/ /2026
5/ /2026
4/3/2026
4 /1 5/2026
5/1 /2026
4/1 5/2026
3/26/2026
4 /22/2026
4/22/2026
4/22/2026
4/9/2026
4/1 /2026
4/3/2026
4/3/2026
4/1 4/2026
4/22/2026
4/22/2026
3/31/2026
3/31/2026
4 /22/2026
5/1 /2026
4/22/2026
4/9/2026
4/9/2026
4/9/2026
3/24/2026

PERS CONTRIBUTIONS FOR

PERS CONTRIBUTIONS

MEDICAL PREMIUMS

MEDICAL PREMIUMS
SDI INS: PAYMENT
STATE TAX: PAYMENT
FEDERAL TAX: PAYMENT
CHILD SUPPORT: PAYMENT

PARKING LOT LEASE AGREE
PARKING ENFORCEMENT Pit

MEDICAL SUPPLIES
AFLAC INSURANCE: PAYMEN
3RD QTR CDBG GRANT REIIV
REFUND OF 2025 DEPOSIT
UB Refund Cst#103630
UB Refund Cst#ffl071
UB Refund Cst #111092
LAO3597B APR 2026 PAYMENLA23187D APR 2026 PAYMEN
3321970 MONITORING SERVI
3365970 MONITORING SERVI

CONTRACT INSTRUCTOR PA
UB Refund Cst #075884
UB Refund Cst#ffl957

PICO/PRESIDIO DIP REPLACI
REFUND OF 2025 DEPOSIT
UB Refund Cst#ffl407

PARKING LOT LEASE AGREE
UB Refund Cst #077996

COMPLEX LITIGATION SERVI

GENERAL CITY ATTORNEY S

GENERAL ADVISORY SERVIC
REFUND OF 2026 DEPOSIT
Amount Paid
119,676.77
7,824.14
303,785,25
13,230.91
457.83
9,775.72
31,998.60
196,034.71
779.53
700.00
4,340.32
2 ,22"l .82

79.42 3 ,345.00
100.00
123.65
270.00
294.75
661 .03
739.71
150.00
4 1.09
1 ,732.50

6.59 10.90
463,638.76

50.00 85.34
166.66
100.00
1,834.80
38,832.56
3,579.30
118.00
Check Total
119,676.77
7,824.14
303,785.25
13,230.91
457.83
9,775.72
31,998.60
196,034.71
779.53
700.00
4,340.32
2 ,221 .82

79.42 3 ,345.00
100.00
123.65
270.00
294.75
1 ,400.74
191.09
1,732.50

6.59 10.90
463,638.76

50.00 85.34
166.66
100.00
44,246.66
118.00
Page: 1
561
apChkLst
04/29/2026 3:12:09PM
Final Check List

SAN CLEMENTE
Page: 2
Bank : city BMO
Check # Date
6 6
6 6
6 6
6 6
6 6
6 6
6 6
6 6
6 6
6 6
6 6
268
269
270
271
272
273
274
275
276
277
278
279
280
281
282
283
284
285
286
287
288
289
/2026
/2026
/2026
/2026
/2026
/2026
/2026
/2026
/2026
/2026
/2026
/2026
/2026
/2026
/2026
/2026
/2026
/2026
/2026
/2026
/2026
/2026
611290
6all29l
611292
611293
611294
5/1 /2026
5/1 /2026
5/1 /2026
5/1 /2026
5/1 /2026
Vendor
017726
003231
002970
026426
014350
038422
034703
001241
016595
038465
038466
001394
038423
038442
038296
038458
038071
015994
015290
036715
038417
002647
002687
013152
038473
038418
038486
(Continued)

CALIF BUILDING STANDA

CALIFORNIA DEPT OF JU

CAMINO HEALTH CENTEF

CARRICK, CYNTHIAT
CERTIFIED FIRE EXTINQt

CFA SAN CLEMENTE, C/C
COLEMAN, SuZY

COLONIAL LIFE & ACCIDE

COMMUNITY COUNTERP,
COMPOSITE MANUFACTt

CONRAD REALTORS

COOK PGA GOLF SHOP II

COOPER, ANN
COSTA LUX DETAILING Ll

CRM TECH

CROWTHER, GLENN

CURRENT CREATIVE INC

DE LAGE LANDEN FINANI

DELTACARE USA
DELUXE

DEMBIEC, LIZA
DENAULTaS HARDWARE

DEPT OF CONSERVATIOI'

DIV OF THE STATE ARCH

DONAHUE, MORGAN

DUSKIN, BRIAN

DUVAL, KEVIN
Invoice
010126-033126
036678
041526
050126
190207
102897 426
102778414
Ben2574948
00019
Ref002574830
Ref00257483l
042726
103057 438
103109393
6599
Ref002574822
103163632
596613171
BEOO7017794
19653687
1027 46770
534111
534048
534107
5340"l8
534141
010126-033126
010126-033126
Ref002574838
102751919
Ref002574853
Inv Date Description
4/16/2026
4/8/2026
4 /1 5/2026
5/1/2026
2/1 0/2026
3/26/2026
3/24/2026
5/1 /2026
4/5/2026
4/22/2026
4/22/2026
4/27/2026
3/30/2026
3/31 /2026
4/6/2026
4/22/2026
4/1 /2026
4 /1 3/2026
5/1 /2026
3/17/2026
3/23/2026
4/9/2026
4/6/2026
4/8/2026
4/2/2026
4/12/2026
4/16/2026
4/20/2026
4/22/2026
3/23/2026
4 /22/2026

CA BUILDING STANDARDS FE

FINGERPRINT FEES - CA DO,
3RD QTR CDBG GRANT REI!V

PARKING LOT LEASE AGREE

QUARTERLY INSPECTION & T
REFUND OF 2025 DEPOSIT
REFUND OF 2026 DEPOSIT
ACCIDENT INSURANCE: PAYr

CONTRACT PLANNING SERV
UB Refund Cst #1 04848
UB Refund Cst #1 05400
4/20/26 - 4/26/26 WEEKLY PAY
REFUND OF 2026 DEPOSIT
REFUND OF 2026 DEPOSIT

HISTORICAL PLANNING CON
UB Refund Cst#Ol0839
REFUND OF 2025 DEPOSIT

CITYWIDE MULTIFUNCTIONA
05-R10220600000 HMO DENT,

CLEAR DEPOSIT BAGS

REFUND - CLASS CANCELLE

HARDWARE & MAINT SUPPLI

HARDWARE & MAINT SUPPLI
1ST QUARTER 2026 SMIP FEI
DISABILITYACCESS & EDUCi
UB Refund Cst #108642

REFUND - MEDICAL REASON
UB Refund Cst#ll3965
Amount Paid
1,Ol6.i0
896.00
3,110.00
166.66
1 ,620.00

46.88 2 9.50
247.49
4,192.50

76.16 190.57
28,214.75

44.25 59.00
2,980.00
199.61
500.00
2,876.02
1 ,497.41
475.7B
325.00

34.37 2 0.90

41.05 118.84
131.96
4,114.57
742.40

76.08 110.00
487.22
Check Total
i016.10
896.00
3,110.00
166.66
1 ,620.00

46.88 2 9.50
247.49
4,192.50

76.16 190.57
28,21 4.75

44.25 59.00
2,980.00
199.61
500.00
2,876.02
I ,497.41
475.7B
325.00
347.12
4,"114.57
742.40

76.08 liO.OO
487.22
Page:2
562
apChkLst
04/29/2026 3:12:09PM
Final Check List

SAN CLEMENTE
Page: 3
Bank : city BMO
Check #
611295
Date Vendor
5/1/2026 004177
6 6
6 6
6 6
6 6
6 6
6 6
6 6
6 6
296
297
298
299
300
301
302
303
304
305
306
307
308
309
310
311
/2026
/2026
/2026
/2026
/2026
/2026
/2026
/2026
/2026
/2026
/2026
/2026
/2026
/2026
/2026
/2026
038485
038464
011576
038472
008634
017163
006104
038424
034002
015477
035284
038484
038469
005230
038438
007657
611312 5/1/2026 032612
611313
611314
5/1/2026 012285
5/i/2026 015195
611315
611316
611317
5/1/2026 023420
5/1/2026 038478
5/1/2026 038457
(Continued )
Invoice
E STEWART & ASSOC IN( 9940S
9948S
9941S
9949S
9934S
EDICO REALTY, INC. Ref002574852
El KAMINO LLC Ref002574829
EQUIFAXINFORMATION E 2071598096
ETHERIDGE, JASON Ref002574837
EXCHANGE CLUB OF SAr 1028977 45
FAIR HOUSING FOUNDAT 041026
FAMILY ASSISTANCE MIN 041026
FERRARA, KATHRYN 103056727
FITCH, SUSAN 041626
FLEXTG LLC 1NV71150-F
FLOHR, ERICA 103057249
FLORES, ADRIANA Ref002574851
FOLGAR, MILDRED Ref002574834
FORESTRY SUPPLIERS Ir 806861-00
FOUNDATION TECHNOLC 1NVO94828
GARDA 20661709
10843800
04012612
146572
146655
146573
146654
03012611
04012613
GLENN'S WELDING 693625
GMU GEOTECHNICAL IN( 13404
13415
102778740
Ref002574845
Ref002574821

GOMEZ, LETICIA

GRIGORESCU, LUISA

GUSTAFSON, PEYTON
GIANT CO2
Inv Date Description
4/8/2026
4/1 5/2026
4/8/2026
4/1 5/2026
4/6/2026
4/22/2026
4/22/2026
4/7 /2026
4/22/2026
3/26/2026
4 /1 0/2026
4/1 0/2026
3/30/2026
4 /16/2026
4/17/2026
3/30/2026
4 /22/2026
4/22/2026
4/7/2026
4/1 5/2026
2/28/2026
4/1 /2026
4/1 /2026
4/7/2026
4/17/2026
4/7/2026
4/1 7/2026
3/1 /2026
4 /al/2026
4/1 3/2026
3/23/2026
3/24/2026
3/24/2026
4 /22/2026
4/20/2026

WEED ABATEMENT/PROGRA

WEED ABATEMENT/PROGRA
E.STEWART - PRES. WASH. l
UB Refund Cst#l13354
UB Refund Cst#104506

UTILITIES CREDIT SCORING
UB Refund Cst#l08201
REFUND OF 2025 DEPOSIT
3RD QUARTER CDBG GRAN"t
3RD QUARTER CDBG GRAN1
REFUND OF 2026 DEPOSIT

FOOD, DRINKS FOR CERT TF

CITYWIDE COPIER MAINTEN,
REFUND OF 2026 DEPOSIT
UB Refund Cst#113l01
UB Refund Cst #1 07287

FLASHLIGHT

SUPPLIES FOR PIER UNDERI

ARMORED TRANSPORT EXC

TELEMETRY RENT - SCAC
LIQUID CO2 - SCAC
LIQUID CO2 - OHBC
LIQUID CO2 - OHBC
LIQUID CO2 - SCAC

TELEMETRY RENT - SCAC

TELEMETRY RENT - SCAC
TRASH CAN MOUNTS - SAN l
ENG25-576 - 2841 CALLE HEF
ENG25-375 - 110 EL LEVANTE
REFUND OF 2026 DEPOSIT
UB Refund Cst #111419
UB Refund Cst #113033
Amount Paid
25,265.00
5,750.00
10,540.00
6,725.00
655.00

28.46 127.86
305.70

19.12 56.25
1 ,231 .53
3 ,216.65
4 4.25
172.85
7,287.36

44.25 120.00

77.51 147.09
3,579.62
168.07
2 ,328.81

53.88 473.91
3 03.29
276.82
536.52

53.88 26.94
2,160.00
1 ,938.00
1 ,560.60
2 9.50

41.88 266.25
Check Total
48,935.00

28.46 127.86
305.70

19.12 56.25
I ,231 .53
3 ,216.65
4 4.25
172.85
7,287.36

44.25 120.00

77.5-1
147.09
3,579.62
2,496.88
1,725.24
2,160.00
3 ,498.60

29.50 4 1 .88
266.25
Page: 3
563
apChkLst
04/29/2026 3:12:09PM
Final Check List

SAN CLEMENTE
Page:4
Bank : city BMO
Check # Date Vendor
611318
611319
611320
611321
611322
611323
611324
611325
5/1 /2026
5/1 /2026
5/1 /2026
5/1 /2026
033728
002311
036408
036137
5/1/2026 004717
5/1/2026 038471
5/1/2026 007033
5/1/2026 012787
6 6
6 6
6 6
6 6
6 326
327
328
329
330
331
332
333
334
5/ /2026
5/ /2026
5/ /2026
5/ /2026
5/ /2026
5/ /2026
5/ /2026
5/ /2026
5/ /2026
031618
036300
014042
009903
038425
029717
001779
038426
O"l3952
611335 5/1/2026 007564
(Continued)
Invoice
GUTIERREZ LOPEZ, CRIE 102778264
HAAKER EQUIPMENT CO 1NV34574
HANNEMANN, MICHELLE 103052706
HASAINC ffl2373
1112372
1112370

HDL COREN & CONE

HERNANDEZ, ANABEL

IMPERIAL SPRINKLER SU
S1NO62017
Ref002574836
0026248936-001
0026324840-001
0026348848-001
0026254584-001
0026194295-001
306335
304743
120728
Ben2574942
1002255260
6195
102776943
042126
1818
102778355
25-26.7
25-26.8
25-26.9
2026-2027AAP
88378
86603

INFOSEND INC
INNOVATIVE PEST SOLU1
INSPIRA FINANCIAL 1005'l

INTERNATIONAL CODE C

INTL ASSOC OF PLUMBIN

KESSLER, DAVID

KURTZ, ANTHONY

KUSUNOKI, GARYI

LEISHMAN, JULIE

LINARES INC, MIKE

LOWE'S COMPANIES INC
Inv Date Description
3/24/2026
4 /1 6/2026
3/30/2026
4 /7/2026
4/7/2026
4/7/2026
4/al6/2026
4/22/2026
4/16/2026
4/20/2026
4/21 /2026
4/1 6/2026
4/17/2026
3/1 2/2026
2/1 5/2026
4 /24/2026
5/1 /2026
3/25/2026
3/26/2026
3/24/2026
4 /21 /2026
4/4/2026
3/24/2026
4/20/2026
4/20/2026
4/20/2026
4/1 4/2026
4/24/2026
4/23/2026
REFUND OF 2026 DEPOSIT

ENVIORSIGHT PARTS
REFUND OF 2026 DEPOSIT
CONTRACT FOR 12.5% SODI
CONTRACT FOR 12.5% SODI
CONTRACT FOR 12.5% SODI

PROPERTY TAX AUDITING SE
UB Refund Cst#107387

IRRIGATION SUPPLIES

UTILITY BILL PROCESSING

UTILITY BILL PROCESSING
PROFESSIONAL PIGEON TR7
SEC 125 MEDICAL: PAYMENT
BOOKS

TRAINING MANUALS
REFUND OF 2026 DEPOSIT

LEADERSHIP COHORT EXP F

CITATION HEARING OFFICEFI
REFUND OF 2026 DEPOSIT

CDBG PROGRAM ADMIN SVC

CDBG PROGRAM ADMIN SVC
#9800 154381 2 SUPPLIES
#9800 154381 2 SUPPLIES
Amount Paid

44.25 2,063.09

44.25 1,184.31
919.50
1,213.73
10150
120.00

66.81 99.05

91.32 56.12

35.35 774.30
166.65
190.00
3 ,680.89
255.91
377.20

29.50 12.00
140.00

44.25 1,035.00
1,495.00
862.50
6 ,500.00
7 0.05

70.15 Check Total

44.25 2,063.09

44.25 3,317.54
101.50
120.00
348.65
940.95
190.00
3 ,680.89
255.91
377.20

29.50 12.00
140.00
4 4.25
9,892.50
140.20
Page:4
564
apChkLst
04/29/2026 3:12:09PM
Final Check List

SAN CLEMENTE
Page: 5
Bank : city BMO
Check #
611336
Date Vendor
5/U2026 038443
6 6
6 6
6 6
6 6
6 337
338
339
340
341
342
343
344
345
5/ /2026
5/ /2026
5/ /2026
5/ /2026
5/ /2026
5/ /2026
5/ /2026
5/ /2026
5/ /2026
038467
036411
003619
034976
029401
038479
038470
030289
001207
611346 5/1/2026 038427
611347
611348
5/1/2026 024251
5/1/2026 034827
611349 5/1/2026 034986
(Continued)
Invoice
LUCY, GIA 032 8294
032 8284
032 8289
032 8290
032 8282
032 8295
032 8285
032 8287
LUTHER, KERRI Ref002574832
MASTERS, AARON 102897855
MISSION SQUARE-30245; Ben2574940
MISSION SQUARE-30637 € Ben2574946
MORENO, CARLA 102778537
MWC CONSTRUCTORS If Ref002574846
NORTON, CHRISTIAN Ref002574835
OCCUPATIONAL HEALTH 90524008
ODP BUSINESS SOLUTIO 46481276800
46580844300
46459345100
46120835000
46580803500
46578783800
46528498500
46580023000
46060868900
46120821600
46467285300
46459301000
ORANGE COUNTY PUBLII 102897552
102897783
PA& ASSOCIATES INC H1300-2
PARADIGM COMMUNITT'l 102897466
102897604
102897697
PARENTIS FOUNDATION 040926
Inv Date Description
4/2/2026
4/2/2026
4/2/2026
4/2/2026
4/2/2026
4/2/2026
4/2/2026
4/2/2026
4/22/2026
3/26/2026
5/1 /2026
5/1 /2026
3/24/2026
4 /22/2026
4/22/2026
4/8/2026
4/8/2026
4/1 0/2026
4/1 4/2026
4/3/2026
4/1 0/2026
4/1 0/2026
4/1 5/2026
4/1 0/2026
4/3/2026
4/3/2026
4/3/2026
4/1 4/2026
3/26/2026
3/26/2026
4 /17/2026
3/26/2026
3/26/2026
3/26/2026
4 /9/2026

CREDIT REFUND

CREDIT REFUND
UB Refund Cst#l05864
REFUND OF 2025 DEPOSIT
DEFERRED COMP ICMA: PAY
DEFERRED COMP/ICMA PTS:

REFUND OF 2026 DEPOSIT
UB Refund Cst#l1l612
UB Refund Cst #107296

MEDICAL SERVICES FOR CIT
OFFICE SUPPLIES A/C #8983'
OFFICE SUPPLIES /VC #8983a
OFFICE SUPPLIES /'VC #8983'
OFFICE SUPPLIES A/C #8983'
OFFICE SUPPLIES A/C #8983'
OFFICE SUPPLIES A/C #8983a
OFFICE SUPPLIES A/C #8983'
OFFICE SUPPLIES NC #8983'
OFFICE SUPPLIES A/C #8983'
OFFICE SUPPLIES A/C #8983'
OFFICE SUPPLIES A/C #8983a
OFFICE SUPPLIES A/C #8983'
REFUND OF 2025 DEPOSIT
REFUND OF 2025 DEPOSIT

GEOTECHNICAL SUPPORT
REFUND OF 2025 DEPOSIT
REFUND OF 2025 DEPOSIT
REFUND OF 2025 DEPOSIT
3RD QTR CDBG GRANT REIN
Amount Paid

7.00 28.00

7.00 iO.50

10.13 8.00

7.00 10.50

58.87 218.75
29,780.10
6 ,032.72

44.25 325.34

28.23 856.00
179.51

37.16 48.60

16.12 19.98
7 0.59
179.49

14.21 65.70

30.07 134.63
8 .82

75.00 375.00
4 ,750.00
5 6.25
262.50
300.00
2,890.00
Check Total

88.13 58.87
218.75
29,780.10
6,032.72

44.25 325.34

28.23 856.00
804.88
450.00
4,750.00
618.75
2,890.00
Page: 5
565
apChkLst
04/29/2026 3:12:09PM
Final Check List

SAN CLEMENTE
Page: 6
Bank : city BMO
Check #
611350
611351
611352
611353
611354
611355
6 6
6 6
6 6
6 356
357
358
359
360
361
362
611363
611364
611365
611366
Date
5/1 /2026
5/i /2026
5/1 /2026
5/1 /2026
5/1 /2026
5/1 /2026
5/ /2026
5/ /2026
5/ /2026
5/ /2026
5/ /2026
5/ /2026
5/ /2026
5/1 /2026
5/1 /2026
5/1 /2026
5/1 /2026
Vendor
035100
038468
002670
030290
036403
003616
032055
038428
021452
028773
030712
000635
000768
001273
007516
008656
001174
611367
611368
611369
5/1/2026 036245
5/1/2026 038429
5/1/2026 034013
611370
611371
611372
611373
5/1 /2026
5/1 /2026
5/1 /2026
5/1 /2026
038460
038439
038430
028119
(Continued)
PATTERSON, ALEXANDRr

PETERSEN, TODD

PETTY CASH

POLLARD, BRETT

PRESIDIO CLEANERS

PRUDENTIAL OVERALL S

REED, JENNIFER

ROCHE, SUSAN

SAN CLEMENTE AQUATIC

SAN CLEMENTE ART ASS

SAN CLEMENTE CHRISTI

SAN CLEMENTE CITY EM

SAN CLEMENTE CITY WA

SAN CLEMENTE HISTORI

SAN CLEMENTE, CITY OF

SAN CLEMENTE, CITY OF
SAN DIEGO GAS & ELEC1

SAVE OUR BEACHES SC

SC HAWAIIAN SURF CLUE

SCA OF CA LLC

SEGRAVES, GARY

SELLERS, KRISTINNA

SKIPPER, ERIKA

SMART ENERGY WATER
Invoice
1 02778470
Ref002574833
042226
042126
A77 -085M
32384189
32384202
32384203
32384205
32384204
32384206
32384207
03057 495
02778632
03217803
02895526
03090137
Ben2574938
010726A
040826
102895209
041526
022626-04al 926
042026
041526
102895278
102897506
158378PS
CAI 001595
158482PS
Ref002574825
103108342
103057295
11899
Inv Date Description
3/24/2026
4 /22/2026
4/22/2026
4/21/2026
4/3/2026
4/ 4/2026
4/ 4/2026
4/ 4/2026
4/ 4/2026
4/ 4/2026
4/ 4/2026
4/ 4/2026
3/30/2026
3 /24/2026
4 /2/2026
3/26/2026
3/31 /2026
5/1 /2026
1/7/2026
4/8/2026
3/26/2026
4 /1 5/2026
4/20/2026
4/20/2026
4/1 5/2026
3/26/2026
3/26/2026
6/21 /2024
4/27/2025
7/31/2024
4/22/2026
3/31 /2026
3/30/2026
4 /1 0/2026
REFUND OF 2026 DEPOSIT
UB Refund Cst#l07256

REPLENISH PETTY CASH

LEADERSHIP COHORT EXP F

PATCHES SEWN ON BOARDE
1372603 UNIFORMS RENTAL
1273604 UNIFORMS RENTAL
1273601 UNIFORMS RENTAL

RENTAL AND CLEANING OF L

RENTAL AND CLEANING OF L
REFUND OF 2026 DEPOSIT
REFUND OF 2026 DEPOSIT

CREDIT REFUND
REFUND OF 2025 DEPOSIT
REFUND OF 2025 DEPOSIT
DUES - SCCEA: PAYMENT

WATER SERVICE

WATER SERVICE
REFUND OF 2025 DEPOSIT
3RD QTR CDBG GRANT SILVI

RECREATION SCHOLARSHIP
2100000570996 DISTRIBUTIO
0027684968885 DISTRIBUTIO
REFUND OF 2025 DEPOSIT
REFUND OF 2025 DEPOSIT

STREET SWEEPING AT WATE

STREET SWEEPING AT WATE
UB Refund Cst #079168

REFUND - PROGRAM CANCE
REFUND OF 2026 DEPOSIT

IVR FEES AND CHARGES
Amount Paid

29.50 3.46
702.52

12.00 42.00

60.56 33.32

56.85 71.79

23.52 77.70

19.50 59.00

44.25 4 ,040.01
131.25
5 0.00
1,540.00
403.15
112,235.98

87.50 4,411 .52
2 ,686.50
3 5,561 .44

27.86 75.00
150.00
553.80
553.80
553.80

54.12 325.00

29.50 324.95
Check Total

29.50 3.46
702.52

12.00 42.00
343.24

59.00 44.25
4 ,040.01
131.25
5 0.00
1,540.00
112,639.13

87.50 4,411 .52
2,686.50
35,589.30

75.00 150.00
1 ,661.40

54.12 325.00
2 9.50
324.95
Page:6
566
apC'hkLst
04/29/2026 3:12:09PM
Final Check List

SAN CLEMENTE
Page: 7
Bank : city BMO
Check #
611374
Date Vendor
5/1/2026 023986
611375
611376
611377
5/1/2026 016294
5/1/2026 000208
5/1/2026 022674
611378
611379
611380
5/1/2026 038481
5/1/2026 001753
5/1/2026 031566
6 6
6 6
6 6
6 6
6 6
6 6
6 381
382
383
384
385
386
387
388
389
390
391
392
393
/2026
/2026
/2026
/2026
/2026
/2026
/2026
/2026
/2026
/2026
/2026
/2026
/2026
038475
026425
032785
038436
038476
038032
038432
038461
038433
000976
038483
038474
030375
(Continued)
Invoice
SOC GEM & MINERAL SO 02895028
02895135
02897312
SOUTH COAST YOUTH F( 02897243
SOUTHERN COUNTIES FI IN-0000338704
STANCE INC 03163192
03163226
03163108
STANDING BUFFALO, CAI Ref002574848
SUMMERS MURPHY 26-0405
SWEET, JASON 032 8617
032 8626
032 8622
032 8623
032 8618
032 8625
032 8627
032 8620
032 8624
SYNDER, RYAN Ref002574840
TAYLOR, WILLIAM D 050126
THE FRANK HC NAM BYP 050126
THE WITTERN GROUP 102897109
THROWER, WILL Ref002574843
TKE ENGINEERING INC 2026-301
TORRES, PEDRO 103057184
TRAD, CHRSTEN ReTOO2574826
TREE, DAVEY 102895451
TURBODATAINC 48496
TURNER, ALEXANDER Ref002574850
TVH LLC Ref002574839
UNITY COURIER SERVICi 48424
49226
47474
4794"l
Inv Date Description
3/26/2026
3/26/2026
3/26/2026
3 /26/2026
4 /20/2026
4/1 /2026
4/1 /2026
4/1 /2026
4/22/2026
4/1 /2026
4/2/2026
4/2/2026
4/2/2026
4/2/2026
4/2/2026
4/2/2026
4/2/2026
4/2/2026
4/2/2026
4 /22/2026
5 /1 /2026
5/1 /2026
3/26/2026
4 /22/2026
4/23/2026
3/30/2026
4 /22/2026
3/26/2026
4 /20/2026
4/22/2026
4/22/2026
3/21/2026
3/28/2026
3/7/2026
3/1 4/2026
REFUND OF 2025 DEPOSIT
REFUND OF 2025 DEPOSIT
REFUND OF 2025 DEPOSIT
REFUND OF 2025 DEPOSIT

FUEL PURCHASES FOR CITY
REFUND OF 2025 DEPOSIT
REFUND OF 2025 DEPOSIT
REFUND OF 2025 DEPOSIT
UB Refund Cst#ll2092

LANDSCAPE DESIGN SERVIC

CREDIT REFUND

CREDIT REFUND
UB Refund Cst#ll0632

PARKING LOT LEASE AGREE

PARKING LOT LEASE AGREE
REFUND OF 2025 DEPOSIT
UB Refund Cst#11l402
CALLE REAL PUMP STATION .

REFUND 2026 DEPOSIT
UB Refund Cst #092967
REFUND OF 2025 DEPOSIT
TURBO DATACITATION PRINUB Refund Cst #113042
UB Refund Cst #108678

COURIER SERVICE

COURIER SERVICE
Amount Paid
100.00
100.00

56.25 9.38
15,919.56

23.44 23.44

23.44 102.02
7,530.00

14.00 21.00

14.00 21.00
I.OO

21.00 21.00

34.28 166.66
900.00
334.15

79.07 5,225.00
103.25
505.05
262.50
942.81

44.89 55.10
185.64
125.32
148.83
153.40
Check Total
256.25

9.38 15,919.56

70.32 102.02
7,530.00
148.00

34.28 166.66
900.00
334.15

79.07 5,225.00
103.25
505.05
262.50
942.81

44.89 55.10
613.19
Page: 7
567
apChkLst
04/29/2026 3:"12:09PM
Final Check List

SAN CLEMENTE
Page: 8
Bank : city BMO
Check #
611394
611395
611396
611397
611398
611399
611400
611401
611402
Date Vendor
5/1/2026 038482
5/1/2026 038435
5/1/2026 016334
5/1/2026 003356
5/1 /2026
5/1 /2026
5/1 /2026
5/1 /2026
038431
037125
000870
038440
5/1/2026 038462
(Continued)
Invoice
URTADO, JOHN PAUL Ref002574849
VENDRELL, DAVID 103052584
VISION SERVICE PLAN (C 825064397
825064409
WATERLINE TECHNOLOC 5788660
5788662
WEAVER, SKYLAR 102897-182
WICKES, BRANDON 103057366
WITTMAN ENTERPRISES 202603-C1844
WORLD SURF LEAGUE 103109182
103109092
YAGHOUBZAR, JOSEPH Ref002574827
Inv Date Description Amount Paid
4/22/2026
3/30/2026
4 /1 9/2026
4/1 9/2026
4/1 3/2026
4/1 3/2026
3/26/2026
3/30/2026
4 /1 5/2026
3/31 /2026
3/31 /2026
4 /22/2026
UB Refund Cst #112703
REFUND OF 2026 DEPOSIT
CLIENT ID 30005394 VISION F
CLIENT ID 30005394 VISION F

HYPOCHLORITE SOLUTIONS

HYPOCHLORITE SOLUTIONS
REFUND OF 2025 DEPOSIT
REFUND OF 2026 DEPOSIT

AMBULANCE BILLING SERVI(
REFUND OF 2025 DEPOSIT
REFUND OF 2025 DEPOSIT
UB Refund Cst#10l466

43. 77

44. 25
4,192.66
747.92
4 ,164.95
5 03.62
125.00

29.50 14,999.17

50.00 50.00
120.00
Sub total for BMO:

Check Total

43. 77

44. 25
4,940.58
4,668.57
125.00

29.50 14,999.17
100.00
120.00
1,629,130.75
Page: 8
568
apChkLst
04/29/2026 3:12:09PM
165 checks in this report.

Final Check List

SAN CLEMENTE
Page: 9
Grand Total All Checks: 1 ,629,130.75
Page: 9
569
apChkLst
04/30/2026 11:17:54AM
Bank : city BMO
Check #
611403
Date Vendor
5/1/2026 038518
Invoice
HERNANDEZ VELASQUE: PP#09
Final Check List

SAN CLEMENTE
Inv Date Descriotion Amount Paid
4/26/2026 HOURS NOT INCLUDED IN PI 500.00
Sub total for BMO:

Page: 1
Check Total
500.00
500.00
Page: 1
570
apChkLst
04/30/2026 11:"17:54AM
"l checks in this report.

Final Check List

SAN CLEMENTE
Page: 2
Grand Total All Checks: 500.00
Page:2
571
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: May 5, 2026 Agenda Item:
..ag endizedby
..end
Subject:
..titl e
Approve Warrant No. 1004,
Automatic Deposit Advises 111267
through 111605, for the period
3-30-26 through 4-12-26, paid
on 4-17-26, in the amount of $558,910.33
..end
572
573
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: May 5, 2026 Agenda Item:
..ag endizedby
..end
Subject:
..titl e
Approve Warrant Nos. 1005
through 1006, and Automatic
Deposit Advises 111606 through
111953, for the period 4-13-26
through 4-26-26, paid on 5-1-26,
in the amount of $556,458.32
TOTAL PAYROLL REGISTER $1,115,368.65 ..end
574
575
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: May 5, 2026 Agenda Item: 11D.

ORDINANCE NO. 1801

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN
CLEMENTE, CALIFORNIA, ADDING SECTION 12.28.025 TO THE SAN

CLEMENTE MUNICIPAL CODE RELATING TO MUNICIPAL GOLF

COURSE TEE TIME RESERVATIONS
WHEREAS, Article XI, Section 7 of the California Constitution authorizes the City of San Clemente (“City”) to enact and enforce ordinances that regulate conditions which may be public nuisances or health hazards, or promote social, economic or aesthetic considerations, the City Council finds that adoption of this Ordinance is necessary to promote the health, safety, welfare, and recreational opportunities of the community; and
WHEREAS, the City owns, operates, and maintains municipal golf courses and related recreational facilities for the benefit of the general public; and WHEREAS, the City Council has a legitimate and substantial interest in ensuring that access to City recreational facilities is fair, transparent, and consistent with City-adopted policies and fee schedules; and
WHEREAS, tee time reservations at City-operated golf courses are a limited and finite public resource, the availability of which is controlled by the City through reservation systems and operational rules; and
WHEREAS, the City issues tee time reservations as revocable, non-transferable licenses to access City property, and such reservations do not constitute property rights or transferable interests; and
WHEREAS, the City Council has become aware that certain third parties have, without City approval, advertised, offered, brokered, or resold tee time reservations for City golf courses for private profit, including through online platforms and other commercial means; and WHEREAS, the City Council further finds that some third parties use automated software, scripts, bots, or similar technological means to acquire tee time reservations in a manner that circumvents City reservation controls and restricts public access; and WHEREAS, such unauthorized commercial activity interferes with the City’s ability to manage its facilities, undermines public confidence in City reservation systems, limits access for residents and lawful users, and allows private parties to profit from City-controlled resources without authorization; and
WHEREAS, while the City currently regulates tee time reservations through operating resolutions, course rules, and administrative policies adopted under Title 12 of the San Clemente 576
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CITY OF SAN CLEMENTE 2
Municipal Code, those provisions do not expressly prohibit third-party resale, brokering, advertising, or automated acquisition of tee times; and
WHEREAS, the City Council finds it necessary and appropriate to codify clear standards of conduct relating to municipal golf course tee time reservations in order to provide effective enforcement authority and protect the public interest; and WHEREAS, this Ordinance is intended to regulate conduct, not speech, and is narrowly tailored to prevent unauthorized commercial exploitation of City recreational facilities while preserving lawful access for the general public.

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

SECTION 1. The recitals above are each incorporated by reference and adopted as findings by the City Council.

SECTION 2. San Clemente Municipal Code Chapter 12.28 is hereby amended to add Section

12.28.025, to read as follows:

Section 12.28.025, Municipal Golf Course Tee Time Reservations A. Definitions
For purposes of this Section, the following definitions shall apply:
“Automated Means” includes, but is not limited to, bots, scripts, software programs, automated purchasing tools, scraping tools, or any technological process designed to obtain reservations faster or in greater volume than a human user.
“City Golf Course” means any golf course owned, operated, or managed by the City of San Clemente, including all related facilities.
“Commercial Activity” means advertising, offering for sale, selling, reselling, brokering, soliciting, or receiving compensation or anything of value in exchange for a tee time. “Reservation Holder” means the individual in whose name a tee time is issued. “Tee Time” means a reservation, booking, or scheduled time issued by or on behalf of the City, granting limited permission to access a City golf course for play. “Third Party” means any person or entity other than the Reservation Holder or the City.

B. Tee Times Revocable
All Tee Times for a City Golf Course are revocable licenses issued subject to City rules and policies, and shall not be sold, assigned, transferred, or used for any Commercial Activity unless expressly authorized in advance in writing by the City.

C. Prohibited Conduct
It shall be unlawful for any person or entity to:

1. Advertise, offer, sell, resell, broker, solicit, or attempt to sell a Tee Time for a City Golf Course without prior written authorization from the City;

2. Acquire or attempt to acquire Tee Times for the purpose of resale or Commercial Activity;
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CITY OF SAN CLEMENTE 3

3. Use automated means to access, reserve, block, or secure Tee Times;

4. Advertise or represent, expressly or impliedly, that a person or entity is authorized to sell or secure Tee Times on behalf of the City when no such authorization exists; and

5. Accept compensation or anything of value in connection with securing or attempting to secure a Tee Time for another person.

D. Enforcement and Remedies

1. Any violation of this Chapter constitutes a public nuisance and may be enforced by any lawful means, including administrative citation, civil action, and/or injunctive relief.

2. A violation of this Chapter is an infraction punishable by a fine not exceeding $500.00 for the first offense, a fine not exceeding $750.00 for the second offense of the same provision within one year, and a fine not exceeding $1,000.00 for each additional offense of the same provision within one year.

3. Administrative fines shall not exceed $500.00 for a first violation, $750.00 for a second violation of the same municipal ordinance violation within one year, and $1,000.00 for each additional violation of the same municipal ordinance violation within one year. The fine amounts for infractions set forth in subsection D(2) above shall not apply to this subsection and shall in no way limit the amounts that may be imposed for administrative fines.

4. The City may void or cancel any Tee Time obtained or used in violation of this Chapter without refund.

5. Each day a violation continues shall constitute a separate and distinct violation.

6. In addition to any other remedy, the City may seek disgorgement of unlawfully obtained proceeds, and recovery of enforcement costs and attorney’s fees as authorized by this Code.

7. In addition to any other remedy, the City may suspend, restrict, or revoke a person’s ability to reserve or use City Golf Course facilities, including disabling online reservation access, for a period of time deemed appropriate by the City, where the City determines that such person has violated this Chapter or has knowingly obtained or used a tee time secured in violation of this Chapter.

E. No Limitation on Other Authority
Nothing in this Section shall be construed to limit the City’s authority to enforce other provisions of this Code, deny or revoke access privileges, require compliance with Title 5 (Business Licenses), or pursue remedies under applicable state or federal law.

SECTION 3. Effective Date. This Ordinance shall take effect thirty (30) days following its adoption.

SECTION 4. Publication. The City Clerk shall certify to the adoption of this Ordinance and cause it, or a summary of it, to be published once within fifteen (15) days of adoption in a newspaper of general circulation printed and published within the City of San Clemente, and shall post a certified copy of this Ordinance, including the vote for and against the same, in the Office of the City Clerk in accordance with California Government Code section 36933. 578
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SECTION 5. Records. The documents and materials associated with this Ordinance that constitute the record of proceedings on which the City Council’s findings and determinations are based are located at City Hall, 910 Calle Negocio, San Clemente, CA 92673.

SECTION 6. Severability. If any provision of this ordinance or its application to any person or circumstance is held invalid, such invalidity has no effect on the other provisions or applications of the ordinance that can be given effect without the invalid provision or application, and to this extent, the provisions of this ordinance are severable. The City Council declares that it would have adopted this ordinance irrespective of the invalidity of any portion thereof.

APPROVED AND ADOPTED this ______ day of _____________, 2026.

ATTEST:
______________________________ ______________________________ City Clerk of the City of Rick Loeffler, Mayor of the City of San Clemente, California San Clemente, California
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CITY OF SAN CLEMENTE 5

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.

CITY OF SAN CLEMENTE )
I, Laura Campagnolo, City Clerk of the City of San Clemente, California, hereby certify that Ordinance No. 1801 having been regularly introduced at the meeting of _________, 2026, was again introduced, the reading in full thereof unanimously waived, and duly passed and adopted at a regular meeting of the City Council held on the ______ day of _________________, 2026, and said ordinance was adopted by the following vote:

AYES:

NOES:

ABSENT:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this ______ day of ______________, ______. __________________________
CITY CLERK of the City of
San Clemente, California
APPROVED AS TO FORM:
____________________________
Elizabeth A. Mitchell, City Attorney
580
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: May 5, 2026 Agenda Item: 11E.

ORDINANCE NO. 1804

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN
CLEMENTE, CALIFORNIA, AMENDING SECTION 17.28.206 OF THE

SAN CLEMENTE MUNICIPAL CODE, REGULATING TEMPORARY

PARKLET DINING, WHICH ESTABLISHES STANDARDS FOR
OUTDOOR DINING AREAS AND SUNSETS ON JANUARY 1, 2029; AND

FINDING THIS ACTION EXEMPT FROM CALIFORNIA

ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA
GUIDELINES SECTIONS 15311 AND 15321
WHEREAS, after the 2021 legislative session, the Governor of the State of California signed into law various bills supporting small businesses, including AB 61 and SB 314, which provide regulatory flexibility in the service areas for alcohol and relief from parking standards while encouraging local agencies to adopt ordinances and regulations as are herein proposed that streamline the approval for outdoor dining; and
WHEREAS, on November 16, 2021, the City Council directed staff to initiate a Zoning Amendment to establish a new temporary outdoor dining program as promoted by AB 61 and SB 314; and
WHEREAS, proposed regulations and design guidelines were discussed by the City’s Design Review Subcommittee (DRSC) on December 15, 2021 and January 12, 2022 and also by the Planning Commission on February 16, 2022; and
WHEREAS, March 2, 2022, the Planning Commission held a duly noticed public hearing on the zoning amendment, and considered evidence presented by City staff and other interested parties and recommended approval of the zoning amendment; and
WHEREAS, on March 15, 2022, the City Council held a duly noticed public hearing on Ordinance 1727 and adopted the ordinance on April 5, 2022 upon its second reading of San Clemente Municipal Code (SCMC) section 17.28.206, which expired, consistent with AB 61 and SB 314 on December 31, 2023; and
WHEREAS, the Governor of the State of California signed into law AB 1217 after the 2023 legislative session, which extends the framework for outdoor dining facilities until July 1, 2026; and WHEREAS, on November 7, 2023, the City Council initiated a Zoning Amendment to consider extending the Parklet Program governed by SCMC section 17.28.206 for Temporary Outdoor Dining until July 1, 2026; and
WHEREAS, on December 6, 2023, the Planning Commission held a duly noticed public 581
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CITY OF SAN CLEMENTE 2
hearing regarding Zoning Amendment 23-424 and considered the facts and evidence presented within the staff report and by any interested member of the public and recommended that the City Council approve Zoning Amendment 23-424; and
WHEREAS, on January 16, 2024, the City Council held a duly noticed public hearing regarding Ordinance 1772 and adopted the ordinance on February 6, 2024 upon its second reading of San Clemente Municipal Code (SCMC) section 17.28.206, which expires, consistent with AB 1217 on July 1, 2026; and
WHEREAS, the Governor of the State of California signed into law AB 592 after the 2025 legislative session, which continued the authorization of local outdoor dining programs, and presents a new termination date of January 1, 2029
WHEREAS, on March 17, 2026, the City Council directed staff to initiate a Zoning Amendment, review parklet design standards with the City’s Design Review Subcommittee, and return to the next available City Council meeting to review an amendment the temporary outdoor dining program standards and design and an extension of the program consistent with AB 592; and WHEREAS, amended regulations and design standards were presented to the City’s Design Review Subcommittee on March 25, 2026, public comment and Committee-member feedback were received, and revisions were presented at another Design Review Subcommittee meeting on April 1, 2026; and
WHEREAS, on April 21, 2026, the City Council held a duly noticed public hearing regarding Zoning Amendment 26-132 and considered the facts and evidence presented with the staff report, the recommendations of the Design Review Subcommittee, and testimony by any interested members of the public.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE DOES DETERMINE, FIND, AND ORDAIN AS FOLLOWS:

SECTION 1: Incorporation of Recitals.

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

SECTION 2: CEQA Findings.

Based upon its review of the entire record, including the staff report, any public comments or testimony presented to the City Council, and the facts outlined below, the City Council determines that Zoning Amendment 26-132 constitutes a regulatory action governing the use and design of temporary parklets within existing public rights-of-way and on private property. The project does not authorize any new physical expansion of roadway infrastructure or intensification of use beyond what is already permitted under existing zoning and prior program approvals. Rather, it refines and standardizes operational, dimensional, and design requirements for structures that are accessory to existing commercial uses.

The project is therefore Categorically Exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section15321: Enforcement Actions by Regulatory Agencies, as the amendments establish and enforce objective standards governing existing uses to ensure consistency and compliance. In addition, the project is exempt pursuant to CEQA Guidelines 582
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CITY OF SAN CLEMENTE 3
Section 15311: Accessory Structures, as parklets are minor, temporary structures accessory to existing commercial uses and located within previously developed urban areas.

Furthermore, the proposed amendments represent a minor modification to existing regulations that will not result in a significant expansion of the program’s footprint or intensity. The amendments reduce allowable parklet sizes, establish a cap on the total number of parklets, and introduce standardized design requirements, all of which serve to limit potential impacts rather than expand them. As such, the project does not have the potential to result in a significant effect on the environment.

None of the exceptions to the use of categorical exemptions set forth in CEQA Guidelines Section 15300.2 apply are present, as the project will not result in cumulative impacts, significant effects due to unusual circumstances, impacts to scenic resources, hazardous waste sites, or historical resources.

SECTION 3: Zoning Amendment Findings
With respect to Zoning Amendment 26-132, the City Council finds as follows:

The proposed amendment is consistent with the General Plan and numerous General Plan Policies, such as:

LU-11.03. Flexibility. We allow flexibility to accommodate market changes for the mix of uses identified in the Del Mar/T-Zone Mixed Use Guide, if doing so promotes achieving the Area’s vision and improves livability, reduces vehicular trips, creates community gathering places and activity nodes, or helps strengthen its character and identity.

LU-11.04. Outdoor Dining. We encourage the development of outdoor dining and other similar uses which do not impeded pedestrian use of the sidewalks.

LU-11.05. Bike and Pedestrian Environment. We provide a high-quality bicycle and pedestrian environment with “living street” designs, consistent landscaping, lighting, sidewalks, traffic calming measures, bikeways and trails, consistent with the Bicycle and Pedestrian Master Plan, Tree Ordinance and Design Guidelines.

M-2.54. Beneficial Commercial Uses on Public Sidewalks. We may approve certain commercial uses on public sidewalks in the Pedestrian Overlay District when those uses benefit the overall pedestrian environment.

The proposed amendment would update a regulatory document, the Municipal Code, to implement updates to a temporary program for outdoor dining that improves the street scene and environment, supports local businesses, and “creates community gathering places”, strengthening the community character as referenced in LU-11.03.

The proposed amendment will not adversely affect the public health, safety, and welfare, in that they further the General Plan objectives of meeting community values, needs, and conditions.

SECTION 4: Municipal Code Title 17 Zoning Amendment.

SCMC section 17.28.206 shall be amended as set forth in Exhibit “A”, attached hereto, reflecting a new program termination date of January 1, 2029, consistent with Assembly Bill 592, and 583
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CITY OF SAN CLEMENTE 4
incorporating by reference new Parklet Design Standards as contained in Exhibit “B”, attached hereto.

SECTION 5: Severability.

If any section, sentence, clause or phrase of this Ordinance or the application thereof to any entity, person or circumstance is held for any reason to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect other provisions or applications of this Ordinance that can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. The City Council hereby declares that it would have adopted this Ordinance and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

SECTION 6: Effective Date.

This Ordinance takes effect within 30 days after adoption of this Ordinance by the City Council.

SECTION 7: Reference to Existing Provisions.

All existing provisions of the Municipal Code that are repeated herein are repeated only to aid decision-makers and the public in understanding the effect of the proposed changes. Restatement of existing provisions does not constitute a new enactment.

SECTION 8: Custodian of Records.

The documents and materials associated with this ordinance that constitute the record of proceedings on which the City Council’s findings and determinations are based are located at San Clemente City Hall, 100 Avenida Presidio, San Clemente, CA 92672.

SECTION 9: Certification and Publication.

The City Clerk shall certify to the passage of this ordinance and cause the same to be published as required by law.

APPROVED 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
584
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CITY OF SAN CLEMENTE 5

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, hereby certify that Ordinance No. 1804 having been regularly introduced at the meeting of _______________________, was again introduced, the reading in full thereof unanimously waived, and duly passed and adopted at a regular meeting of the City Council held on the _____day of _____________, _______, and said ordinance was adopted by the following vote:

AYES:

NOES:

ABSENT:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this _____ day of ______________________, ________. __________________________
CITY CLERK of the City of
San Clemente, California
APPROVED AS TO FORM:
________________________________
Elizabeth A. Mitchell, CITY ATTORNEY
585
Exhibit A
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(Supp. No. 65, Update 2)

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Section 17.28.206 is amended to read in its entirety as follows:

17.28.206 Temporary Parklet Program.

A. Purpose and Intent. The temporary parklet program regulations and design standards are established under State enabling legislation (AB 1217 and AB 592), which allow local agencies to adopt a program to support local business recovery from the impacts of the coronavirus pandemic by providing relief from parking restrictions to accommodate outdoor dining.

B. This Section models the State's intent to allow for a streamlined process to expand temporary outdoor dining areas. This program is temporary, with a termination date of January 1, 2029. Requests for Permanent Outdoor Dining areas on either private or public property should refer to SCMC 17.28.205 - Outdoor Dining Areas.

C. Applicability. This section shall apply to temporary outdoor facilities that are accessory to a food or beverage business licensed in the City of San Clemente. The facilities may be established:
a. On the public right-of-way on streets with a speed limit of 25 mph or less; or b. On private property.
c. Additionally, a business may apply for use of sidewalk space where the public path of travel is greater than ten feet in width under the exception process outlined in subsection D(vii).

D. Review Requirements. Requests for Parklet Dining Permits that comply with this title and the approved Parklet Design Standards will be approved ministerially. a. General standards: These regulations apply to all temporary outdoor food and beverage spaces, both on public and private property:
i. Hours of operation.

1. Alcohol, food, or beverages shall not be served or allowed within the outdoor dining area:
a. Before 7:00 a.m. and after 9:00 p.m. Sunday through Thursday; and b. Before 7:00 a.m. and after 10:00 p.m. Friday through Saturday and the day prior to a City Holiday.

2. Outdoor Dining Areas shall comply with all State of California Department of Alcoholic Beverage Control license requirements, as applicable.
ii. Use of space.

1. Smoking or vaping shall not be permitted within the outdoor dining areas.

2. Outdoor cooking and food preparation within the outdoor dining area is prohibited.

3. Live entertainment, including but not limited to live music and performances, is not permitted within the outdoor dining area and must be requested separately via a Special Events Permit or Temporary Use Permit.
iii. Public Access.

1. A path of travel not less than five feet in width must exist adjacent to any outdoor dining area. Parklets shall not encroach into or interfere with the use of adjoining sidewalk. 586
Exhibit A
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(Supp. No. 65, Update 2)

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Disclaimer: It is the responsibility of each restaurant operator to provide outdoor dining in full compliance with the Americans with Disabilities Act (ADA). Nothing contained in these guidelines shall replace or diminish any ADA requirement.
iv. Fire Safety.

Disclaimer: It is the responsibility of each restaurant operator to provide outdoor dining in full compliance with the Orange County Fire Authority (OCFA). The requirements listed were developed as part of the overall parklet standards in order to assist restaurant operators with meeting these compliance requirements. Nothing contained in these guidelines shall replace or diminish any OCFA requirement.
v. Department of Alcoholic Beverages.

1. The business owner is responsible for obtaining any required approvals from the CA ABC, such as a Temporary Catering Authorization.
vi. Pollution Prevention.

1. Outdoor eating and drinking venues must adhere to water pollution prevention practices to prevent trash, debris, food residue and other wastes from entering the storm drain system per SCMC 13.040.

Disclaimer: It is the responsibility of each restaurant operator to clean the permitted area and follow the appropriate best management practices (BMPs). vii. Exceptions: Exceptions to the standards listed herein shall require a Public Hearing with the Planning Commission. The Planning Commission shall make a final determination, appealable to the City Council per the City's standard Appeals process (See 17.12.140 - Appeals of an Action). b. Parklets in the Street (Public Right-of-Way):
i. Allowed Locations: Parklets may only be located directly in front of eating and drinking establishments at the following locations:

1. Within the curb lane on streets where on-street metered or unmetered parking spaces exist adjacent to the front of the eating and drinking establishment; and

2. Behind the buffer zone as indicated within the Parklet Design Standards. Each business is responsible for its own costs associated with procurement and installation of the buffer zone and parklet materials.

3. Parklets may occupy up to a portion of three angle-in parking spaces where the parklet dining deck area shall be no wider than 2 spaces, or up to two parallel parking spaces. No more than five consecutive spaces may be occupied by parklets on Avenida Del Mar when two parklets are immediately adjacent to each other. No more than four consecutive spaces may be occupied by parklets on streets with parallel parking, when two parklets are immediately adjacent to each other.

4. Unless adjacently placed, as specified in Subsection D.b.3, parklets shall be required to provide a minimum distance from any other parklet of at least three parking spaces (measured as the width of three spaces, which may be comprised of two whole spaces and two halves of parking spaces remaining from adjacent parklets) when located on Avenida Del Mar.
ii. Prohibited locations: Parklets may not be located or placed at any of the following locations:

1. Along a street segment with a speed limit greater than 25 miles per hour. 587
Exhibit A
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(Supp. No. 65, Update 2)

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2. Within ten feet away from any intersection, street corner, alley, or driveway. The Public Works Department may increase or decrease this distance based on a site-specific review of line-of-sight conditions; and

3. Within an existing bike lane or within a proposed bike lane project identified in any of the City's comprehensive bicycle plan(s) or adopted land use plan(s).

4. Within five feet of storm drain inlets or cleanouts.

5. Over utility access panels, manhole covers, handholes, transformers, water meters, or water valves.

6. Within five feet of a fire hydrant and/or any related emergency equipment.

7. Within five feet of any natural gas or electric utility facility, including but not limited to any manholes, handholes or vaults, and any surface-level structures such as natural gas meters, monitors, pressure regulators, protection stations, poles, curbside electric meters, transformers, or green utility boxes.
iii. Limitations:

1. Parklets may occupy an on-street ADA parking space that is adjacent to the business's frontage; however, this request requires an applicant undergo the additional exceptions process, requiring review by the Planning Commission, with input from the Public Works Director. The applicant shall be responsible for any costs associated with relocating accessible parking space, which shall be within 150 feet from the original space.

2. A maximum of 10 parklets (which allow for utilization of up to 30 parking spaces, but may be less) may be established on Avenida Del Mar. The total number of parklets on public property, including the 10-parklet limitation on Avenida Del Mar, shall not exceed 15.

3. Parklets are limited to 24 seats per business.
iv. Design Requirements for Parklets on public streets: Businesses shall comply with the requirements in the City’s Parklet Design Standards.
c. Parklets on Private Property:
i. Allowed Locations: Parklets may be permitted in any Zone as an accessory use of any food or beverage business with an active San Clemente Business License, subject to the following:

1. Private Parklets may be established on private property in areas that do not obstruct required paths of travel and do not remove more than two parking spaces.

2. The locations on private property shall be within parking stalls, unless approved otherwise by the City Planner and Public Works Director. Private property parklets are subject to the prohibited locations enforced for public property parklets.

3. Design Requirements for Parklets on private property shall be subject to the review standards required for angle-in parklets as described in the City’s Parklet Design Standards. d. Limited Term Parking Relief Agreement Requirements:
i. Prior to installation of any furniture or improvements and prior to operation of a parklet, an applicant shall obtain a Limited Term Parking Relief Agreement, which includes a site plan in compliance with the Parklet Design Standards and requirements listed in a-c. ii. Parklet operators with agreements expiring on July 1, 2026 shall, by that date, either remove their Parklets or submit a complete application for a new Limited Term Parking Relief Agreement, which 588
Exhibit A
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(Supp. No. 65, Update 2)

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includes a site plan in compliance with the Parklet Design Standards and requirements listed in ac. By October 1, 2026 Parklet operators shall implement any construction/design changes needed for consistency with their approved site plans and Limited Term Parking Relief Agreements. a. Requests for approval of Limited Term Parking Relief Agreements that comply with the standards set forth in 17.28.206 and the City's Parklet Design Standards shall be reviewed administratively and approved by the City Manager or his or her designee. b. Agreements shall specify a fee, as set by the City Council, for the use of and operation of the parklet. As of July 1, 2026, the fee established by the City Council is $4 per square foot of deck area for parklets in the public right of way and $1 per square foot of deck area for parklets on private property.
c. Agreements shall require Insurance coverage, including Commercial General Liability, personal injury, and property damage liability, with minimum combined liability limits of $1,000,000.00 per occurrence.
iii. Additional standards for parklets in the street / public right-of-way:
a. Prior to installation of any furniture or improvements, a Limited Term Parking Relief Agreement must be executed between the City and the applicant. b. Parklets shall follow standard dimensions and plans as indicated within the Parklet Design Standards. Deviations from the standard approved construction templates shall require review by the Planning Commission.
c. Limited Term Parking Relief Agreements may indicate certain dates or events during which the restaurant shall agree to public or non-profit use of the parklet space. iv. Parklets shall be removed/relocated at the permitee/business operator's expense within 30 days of notice that the City requires use of the right of way for a public project or event, which may occur at the City’s sole discretion. Parklets shall be permanently removed at the permitee/business operator's expense within 7 days of the end of the Temporary Parklet Program authorization, which expires January 1, 2029.
(Ord. No. 1727, § 4, 2022; Ord. No. 1772, § 4(Exh. A), 2-6-2024) Editor's note(s)—Ord. No. 1594, § 3(Exh. A, § 29), adopted May 5, 2015 repealed § 17.28.206, which pertained to Outdoor dining areas on public property, permanent and accessory and derived from Ord. 1308 § 11, adopted in 2006; Ord. 1182 § 11, adopted in 1997; and Ord. No. 1561, § 3(Exh. A, §§ 14—16), adopted Nov. 27 2012.
589
1 Design
Standards
for Parklets
City of San Clemente
October 1, 2026 – January 1, 2029
590
Parklet Standards
2 Standard Parklet Site PlansThe standard plans for angle-in and parallel parking configurations are attached as the final pages of these standards. All parklets are required to build their space to the specifications of these designs. Any deviations from these standards will require a public hearing with the Planning Commission.

DimensionsAngle-In Parking Spaces (i.e., Avenida Del Mar)• Parklets shall occupy a maximum of a portion of 3 angle-in parking spaces. See Site Plan for specifications. • The parklet dining deck area shall be no wider than 2 parking spaces. Dimensions of the parklet and parking spaces shall be called out on the plans. The residual area of the occupied parking spaces shall be dedicated to e-bike or golf cart parking. • No more than five consecutive spaces may be occupied by parklets on Avenida Del Mar, when two parklets are immediately adjacent to each other. The adjacent businesses shall share a common barrier in the middle and shall still provide bike parking and golf parking on both ends. • The outdoor dining deck shall be directly in front of the business associated with the Parklet and shall not obstruct the frontage of another business.
• Parklets shall not encroach into and interfere with use of adjoining sidewalk.• All parklets shall be designed to allow egress from vehicles that park in adjacent stalls. This is at least 2-feet in all areas except for the rear corners adjacent to the sidewalk. See Site Plan for specifications. • The business is responsible for maintaining a 3-foot “buffer zone” between the street and the dining deck for planters that are to provide traffic protection.
• There shall be a minimum of 3 inches of clear space below and around the dining deck. To accommodate parklet cleaning, there shall be a baseboard that is removeable or a baseboard that incorporates a hidden hinge. • The deck surface may be a maximum of 12 inches above the ground. If necessary, decks may be stepped to follow the slope of the street to maintain this height limit.
591
Parallel Parking Spaces (i.e., Avenida Victoria)
• Parklets shall occupy a maximum of 2 parking spaces. The parklets shall be squared-off on both sides. Dimensions of the parklet and parking spaces shall be called out on the plans. See Site Plan for specifications. • No more than four consecutive spaces may be occupied by parklets on streets with parallel parking, when two parklets are immediately adjacent to each other.
• The outdoor dining deck shall be directly in front of the business associated with the Parklet and shall not obstruct the frontage of another business.
• Parklets shall not encroach into and interfere with use of adjoining sidewalk. • All parklets shall be designed to allow egress from vehicles that park in adjacent stalls. This is at least 2-feet in all areas except for the rear corners adjacent to the sidewalk. See Site Plan for specifications. • The business is responsible for maintaining a 3-foot “buffer zone” between the street and the dining deck for planters that are to provide traffic protection.
• There shall be a minimum of 3 inches of clear space below the dining deck. To accommodate parklet cleaning, there shall be a baseboard that is removeable or a baseboard that incorporates a hidden hinge. • The deck surface may be a maximum of 12 inches above the ground. If necessary, decks may be stepped to follow the slope of the street to maintain this height limit.

Parklets on Private Property
Parklets may be established on private property throughout the City in areas that do not obstruct required paths of travel anddo not remove more than 2 parking spaces. Parklets on private property shall be subject to the design and standards requiredfor parklets along Avenida Del Mar. 592
Buffer Zone
Parklets shall provide a three (3) foot buffer zone between the public street and the Parklet. The 3-footbuffer zone shall be occupied by concrete planters as specified in the Limited Term Parking Relief Agreement. Planters must be spaced a minimum of 5 ft. on center, or a minimum of 4 for each Parklet. Plants shall be California Native and drought tolerant or succulents, where they must be kept in a healthy condition and arethe responsibility of the business owner. These plants shall, when considered fully grown, be no taller than 18-inches above the planter. See Plant Palette for additional information. Examples of Plants Figure 1: Example of planter
593
Parklet Design & Aesthetics
Design GoalThe City desires to establish a complimentary parklet design that creates a cohesive street scene. The street-facing portionswill require a consistent design that provides a clear delineation from traffic. The decks on Del Mar and other public areas willbe built to the standard configuration referenced in this document. Design, Materials, and Accessories The following design standards were prepared in cooperation with the San Clemente Design Review Subcommittee (DRSC).

These standards are to improve the design and aesthetics of parklets which intend to:
 Reduce visual clutter. Create a standardized street interface. Improve safety and visibility.  Create a standardized parklet design.
 Encourage low maintenance furniture, plants, and accessories. Encourage dark sky friendly illumination. 5 594
Approved Barrier Materials
The 3-side perimeter barrier shall be constructed with Cedar or Douglas Fir stained-wood with horizontal metal cable, see Figure 2. The height of the barrier shall be 36-inches. Spacing shall be 4-inches between non-structural portions of the barrier, including cables, so that police and visitors may maintainvisibility into the areas behind the parklets.Furniture Outdoor dining areas shall use simple patio furniture
designs of high-quality materials. All furniture shall utilize a natural color palette consisting of either dark brown or black. Plastic or vinyl furniture is prohibited. 6 Figure 2: Example of Perimeter Barriers with Hex Color Code for Deck Stain Figure 3: Example of Furniture
#6A5143
595
Figure 4: Example of
Solar perimeter lighting and lighting within an umbrella . 7 LightingLighting shall be down-ward facing and placed along barrier fencing or incorporated into umbrellas. Lights and fixtures must be concealed from public right-of-way view by barrier railings and umbrellas. Overhead lighting is not permitted. All lighting shall be white with a temperature rating of 3500k (warm white). Lighting shall be set on a timer, or manually controlled, to shut off after business hours. Parklets shall use solar or battery powered lighting. Cords across the public sidewalk are prohibited. Bike RackParklet operators shall incorporate a bike rack made of black powder-coated tubular steel or wrought iron within the residual parking space area.

Figure 5: Examples of Bike Racks
596
Figure 6: Sample market umbrella
and heaters.

Shade and heatParklets may provide umbrellas up to 7 ft. in height when measured from the top of the deck. Umbrellas shall be earthtone colors of green, blue, white, or red. Parklets may provideheaters up to 5 ft. in height when measured from the top of the deck. Propane shall be kept within the internal boundaries of the parklet, and not visible from the street or sidewalk. 8 Prohibited Elements
 Pop-up tents
 Overhead elements Lattice (wood or plastic) Plastic or vinyl fences, trellises, or furniture Excessive decoration Elevated string lighting Tall walls, plants or other accessories over 5-feet in height Banner signs Any other items exceeding the height of the barrier railing  Storage of any items not in current use as part of the approved parklet operations.
597
Standard Parklet Site Plans
598

APPROVALS ARE TEMPORARY
10 Once a parklet following the above standards is approved, subject to a Limited Term Parking Relief Agreement and construction is completed, contact the Planning Division to schedule a finalinspection. If at any time during the Term, the City has need of access to the area under the established parklet, the Business shall be responsible for removing the parklet in whole or in part as directed by the City Public Works Director or designee in order to facilitate emergency work. If the Business is unable to remove the parklet within the time indicated by Public Works, then the City shall have the right to remove the parklet to the extent necessary to perform the work. Atthe conclusion of the lease term, referenced in the Limited Term Parking Relief Agreement,parklets must be removed at the sole expense of the Parklet operator, and the parking andsidewalk areas must be restored to their original condition. 599
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: May 5, 2026 Agenda Item: 11F.

ORDINANCE NO. 1805

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN
CLEMENTE, CALIFORNIA, APPROVING ZONING AMENDMENT (ZA) 26- 066, TO AMEND SAN CLEMENTE MUNICIPAL CODE SECTION

16.50.010 RELATING TO URBAN LOT SPLITS, AND SECTION 17.86.010

RELATING TO TWO-UNIT PROJECTS, CONSISTENT WITH HOUSING
ELEMENT COMMITMENT AND STATE LAW; AND FINDING THIS

ACTION EXEMPT FROM CALIFORNIA ENVIRONMENTAL QUALITY
ACT (CEQA) PURSUANT TO PUBLIC RESOURCES CODE § 21083.3
AND CEQA GUIDELINES §§ 15183 and 15061(b)(3)
WHEREAS, on September, 16, 2021 the California Legislature approved, and the Governor signed into law Senate Bill No. 9 (“SB 9”), which added Government Code sections 65852.21 and 66411.7 to impose new limits on local authority to regulate urban lot splits and two-unit projects; and WHEREAS, Government Code section 66411.7 requires a local agency to ministerially approve a parcel map for an urban lot split that meets SB 9-specific requirements; and WHEREAS, Government Code section 65852.21 requires a local agency to ministerially approve a proposed two residential units within a single-family zone, without discretionary review or a hearing, if the proposed two-unit projects meet all the requirements set forth in the statute; and WHEREAS, on December 7, 2021, the City Council of the City of San Clemente (“City Council”) adopted Urgency Ordinance No. 1723, to establish appropriate objective standards for urban lot splits and two-unit projects under SB 9; and
WHEREAS, on December 20, 2022, the City Council adopted Ordinance No. 1748, to amend the San Clemente Municipal Code (“SCMC”) to comply with Government Code Section 65852.21 and Section 66411.7, and appropriately regulate projects under SB 9; and WHEREAS, on September 19, 2024, the California Legislature approved, and the Governor signed into law, Senate Bill No. 450 (“SB 450”), which amended the above-referenced Government Code sections to remove certain restrictions and requirements for developments under SB 9; and WHEREAS, it is the City’s commitment to remove government constraints to the development of housing where feasible; and
WHEREAS, SCMC sections 16.50.010 and 17.86.010, which codify the City’s regulations with respect to urban lot splits and two-unit projects under SB 9, respectively, require amendments in order to comply with SB 9, as amended by SB 450; and
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Meeting Date: May 5, 2026 Agenda Item: 11F.

CITY OF SAN CLEMENTE 2
WHEREAS, on March 4, 2026, the Planning Commission of the City of San Clemente (“Planning Commission”) conducted a duly-noticed public hearing to consider the staff report, recommendations by staff, and public testimony concerning the proposed Zoning Amendment 26- 066. Following the public hearing, the Planning Commission voted to forward the Zoning Amendment to the City Council with a recommendation in favor of its adoption; and WHEREAS, the City gave public notice of a City Council public hearing to be held to consider this Ordinance by advertisement in a newspaper of general circulation in compliance with state and local requirements; and
WHEREAS, on April 21, 2026, the City Council held a duly noticed public hearing on this Ordinance, considered the agenda report, including the policy considerations discussed therein, and the written and oral testimony received. The City Council has also reviewed and considered the Planning Commission’s recommendation, and the agenda report and other evidence that was considered by the Planning Commission, in connection with the proposed Zoning Amendment 26- 066; and
WHEREAS, all other legal prerequisites to the adoption of this Ordinance have occurred.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE DOES HEREBY DETERMINE, FIND, AND ORDAIN AS FOLLOWS:

SECTION 1. Incorporation of Recitals. The recitals above are true and correct and are hereby adopted as findings as if fully set forth herein.

SECTION 2. CEQA Findings.

Based upon its review of the entire record, including the Staff Report, any public comments or testimony presented to the Planning Commission and the City Council, and the facts outlined below, the City Council hereby finds and determines that the proposed project is exempt from CEQA and not subject to further environmental review pursuant to Public Resources Code Section 21083.3 and CEQA Guidelines Sections 15183 and 15061(b)(3). Since the project would adopt standards consistent with the land uses and development intensities analyzed in the certified Environmental Impact Report (EIR) for the Housing Element Update, and because and because the project would not introduce any new or peculiar, potentially significant environmental impacts, the SCMC amendments are eligible for the streamlined environmental review and exemption from CEQA pursuant to PRC Sec. 21083.3 and Guidelines Section 15183.

Additionally, the project is covered by the general rule that that CEQA applies only to projects which have the potential to cause a significant effect on the environment, and where it can be seen with certainty that there is no possibility that the project may have a significant effect on the environment, the project is not subject to CEQA. (Guidelines Section 15061(b)(3).) The proposed zoning and subdivision municipal code amendments involve a policy action to align the City’s regulations with State law requirements related to implementation of the Housing Element and the removal of constraints on housing development. The amendments do not authorize or increase the intensity of development beyond what is already permitted under State law, but instead revise or eliminate local standards that are no longer enforceable. As such, the amendments do not result in any new development potential or physical changes to the environment beyond those previously contemplated. Therefore, it can be seen with certainty that there is no possibility that the project may 601
Meeting Date: May 5, 2026 Agenda Item: 11F.

CITY OF SAN CLEMENTE 3
have a significant effect on the environment, and the project is not subject to CEQA pursuant to Guidelines Section 15061(b)(3).

SECTION 3. Zoning Amendment Findings. With respect to Zoning Amendment (ZA) 26-066, amending SCMC sections 16.50.010 and 17.86.010 as set forth in Exhibits A and B to this Ordinance, both of which are attached hereto and incorporated herein by this reference, the City Council finds as follows, in accordance with SCMC section 17.16.040:

A. The proposed amendments are consistent with the General Plan.

1. The 6th Cycle Housing Element is a component of the General Plan, including the Housing Action Plan objective to monitor the Zoning Ordinance for any potential constraints to the development of housing, including the City’s procedures for multi-family housing, and process amendments as necessary.

2. Program 14 of the Housing Action Plan of the City’s 6th Cycle Housing Element specifically mandates that the City address and remove governmental constraints affecting the maintenance, improvement, and development of housing. This includes removing constraints for the development of two-unit projects.

B. The proposed amendments will not adversely affect the public health, safety, and welfare.

1. The amendments meets community needs and conditions within the limitations set by State law.

2. The amendments reflect the City’s review, direction, and independent judgement regarding land use.

3. The amendments are consistent with the City’s 6th Cycle Housing Element, whereby the City Council determined that the implementation of the Housing Element Programs will not adversely impact the public health, safety, and welfare.

SECTION 4. Zoning Amendment 26-066. The City Council hereby approves Zoning Amendment (ZA) 26-066, to amend Sections 16.50.010 and 17.86.010 of the San Clemente Municipal Code as set forth in Exhibits A and B to this Ordinance, with deletions identified with strikethrough text, and additions identified with underlined text (deletions/additions). Remaining text not shown with strike-through or underlined text shall remain unchanged.

SECTION 5. Records. The documents and materials associated with this Ordinance that constitute the record of proceedings on which the City Council's findings and determinations are based are located at City Hall, 910 Calle Negocio, San Clemente, CA 92673. The custodian of these records is the City Clerk.

SECTION 6. Severability. If any section, sentence, clause or phrase of this Ordinance or the application thereof to any entity, person or circumstance is held for any reason to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect other provisions or applications of this Ordinance that can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. The City Council hereby declares that it would have adopted this Ordinance and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
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Meeting Date: May 5, 2026 Agenda Item: 11F.

CITY OF SAN CLEMENTE 4
SECTION 7. Effective Date. This Ordinance shall become effective 30 days after its adoption.

SECTION 8. Reference to Existing Provisions. All existing provisions of the Municipal Code that are repeated herein are repeated only to aid decision-makers and the public in understanding the effect of the proposed changes. Restatement of existing provisions does not constitute a new enactment.

SECTION 9. Certification and Publication. The City Clerk shall certify to the passage of this Ordinance and cause the same to be published as required by law.

APPROVED 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 ) ss.

AYES:

NOES:

ABSENT:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this _____ day of ______________________, ________. __________________________
CITY CLERK of the City of
San Clemente, California
APPROVED AS TO FORM:
________________________________
Elizabeth A. Mitchell, CITY ATTORNEY
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Ordinance No. 1805 Page 6
4938-3449-0783 v2
Exhibit A
Zoning Amendment 26-066 – Amendments to SCMC Section 16.50.010 (Urban Lot Splits)
[Attached]
604
(Supp. No. 61, Update 2)

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Exhibit A

16.50.010 Urban lot splits.

A. Purpose.The purpose of this section is to allow and appropriately regulate urban lot splits in accordance with Government Code section 66411.7.

B. Definition.An "urban lot split" means the subdivision of an existing, legally subdivided lot into two lots in accordance with the requirements of this section.

C. Application.

1. Owners.
a. Only individual property owners may apply for an urban lot split. "Individual property owner" means a natural person holding fee title individually or jointly in the person's own name or a beneficiary of a trust that holds fee title, "Individual property owner" does not include any corporation or corporate person of any kind (partnership, LP, LLC, C corp, S corp, etc.) except for a community land trust (as defined by Rev. & Tax Code § 402.1(a)(11)(C)(ii)) or a qualified nonprofit corporation (as defined by § 214.15).
b. Any person with a mortgage interest in the lot to be split under this section must sign the application and the parcel map indicating the person's consent to the project.

2. An application for an urban lot split must be submitted on the City's approved form. Only a complete application will be considered. The City will inform the applicant in writing of any incompleteness within 30 days after the application is submitted.

3. The City may establish a fee to recover its costs for adopting, implementing, and enforcing this section of the code, in accordance with applicable law. The city council may establish and change the fee by resolution. The fee must be paid with the application.

D. Approval.

1. An application for a parcel map for an urban lot split is approved or denied ministerially, by the Director of Community Development, without discretionary review.

2. A tentative parcel map for an urban lot split is approved ministerially if it complies with all the requirements of this section. The tentative parcel map may not be recorded. A final parcel map is approved ministerially as well, but not until the owner demonstrates that the required documents have been recorded, such as the deed restriction and easements. The tentative parcel map expires 2412 months from the City's approval of the map.

3. The approval must require the owner and applicant to hold the City harmless from all claims and damages related to the approval and its subject matter. The hold-harmless obligation runs with the land and applies to future successors of the property and so must be reflected in the recorded covenant and deed restriction.

4. The approval must require the owner and applicant to reimburse the City for all costs of enforcement, including attorneys' fees and costs associated with enforcing the requirements of this code.

The proposed housing development application shall be considered for approval or denial within 60 days from the date the City received the completed application, and if no action is taken the City shall deem the application approved after that time.

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5. E. Requirements. An urban lot split must satisfy each of the following requirements:

1. Map Act Compliance.
a. The urban lot split must conform to all applicable objective requirements of the Subdivision Map Act (Gov. Code § 66410 et seq., "SMA") and implementing requirements in this title, except as otherwise expressly provided in this section.
b. If an urban lot split violates any part of the SMA, the City's subdivision regulations, including this section, or any other legal requirement:
(i) The buyer or grantee of a lot that is created by the urban lot split has all the remedies available under the SMA, including but not limited to an action for damages or to void the deed, sale, or contract.
(ii) The City has all the remedies available to it under the SMA, including but not limited to the following:
(A) An action to enjoin any attempt to sell, lease, or finance the property. (B) An action for other legal, equitable, or summary remedy, such as declaratory and injunctive relief.
(C) Criminal prosecution, punishable by imprisonment in county jail or state prison for up to one year, by a fine of up to ten thousand dollars ($10,000.00), or both; or a misdemeanor.
(D) Record a notice of violation.
(E) Withhold any or all future permits and approvals.
c. Notwithstanding section 66411.1 of the SMA, no dedication of rights-of-way or construction of offsite improvements is required for an urban lot split.

2. Zone. The lot to be split is in a single-family residential zone. For purposes of this section, a singlefamily residential zone is a zone where the only residential use that is allowed as a primary use is a single residential dwelling on a lot.

3. Lot Location.
a. The lot to be split is not located on a site that is any of the following:
(i) Prime farmland, farmland of statewide importance, or land that is zoned or designated for agricultural protection or preservation by the voters.
(ii) A wetland.
(iii) Within a very high fire hazard severity zone, unless the site complies with all fire-hazard mitigation measures required by existing building standards. (iv) A hazardous waste site that has not been cleared for residential use. (v) Within a delineated earthquake fault zone, unless all development on the site complies with applicable seismic protection building code standards. (vi) Within a 100-year flood hazard area, unless the site has either:
(A) Been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction, or Ordinance No. 1805 Page 8
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(Supp. No. 61, Update 2)

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(B) Meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program.
(vii) Within a regulatory floodway, unless all development on the site has received a no-rise certification.
(viii) Land identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan. (ix) Habitat for protected species.
(x) Land under conservation easement.
b. The purpose of subpart E.3.a above is merely to summarize the requirements of Government Code section 65913.4(a)(6)(B)—(K). (See Gov. Code § 66411.7(a)(3)(C).) c. The applicant must provide evidence that the requirements of Government Code section 65913.4(a)(6)(B)—(K) are satisfied.

4. Not Historic. The lot to be split must not be a historic property or within a historic district that is included on the State Historic Resources Inventory. Nor may the lot be or be within a site that is designated by ordinance as a City or Ccounty landmark or as a historic property or district.

5. No Prior Urban Lot Split.
a. The lot to be split was not established through a prior urban lot split. b. The lot to be split is not adjacent to any lot that was established through a prior urban lot split by the owner of the lot to be split or by any person acting in concert with the owner. ''Any person acting in concert with the owner" here includes any third-party that coordinates or assists the owners of two adjacent lots with their respective urban lot splits.

6. No Impact on Protected Housing.
a. The urban lot split must not require or include the demolition or alteration of any of the following types of housing:
(i) Housing that is income-restricted for households of moderate, low, or very low income. (ii) Housing that is subject to any form of rent or price control through a public entity's valid exercise of its policy power.
(iii) Housing, or a lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act (Gov. Code §§ 7060—7060.7) at any time in the 15 years prior to submission of the urban lot split application.
(iv) Housing that has been occupied by a tenant in the last three years. b. As part of the urban lot split application, the applicant and the owner of a property must provide a sworn statement by affidavit representing and warranting that subpart E.6.a above is satisfied. (i) The sworn statement must state that:
(A) No housing that is income-restricted for households of moderate, low, or very low income will be demolished or altered.
(B) No housing that is subject to any form of rent or price control will be demolished or altered.
(C) No housing that has been withdrawn from rental or lease under the Ellis Act at any time in the last 15 years will be demolished or altered.

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(Supp. No. 61, Update 2)

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(D) No housing that has been occupied by a tenant in the last three years will be demolished or altered.
c. The City may conduct its own inquiries and investigation to ascertain the veracity of the sworn statement, including but not limited to, surveying owners of nearby properties; and the City may require additional evidence of the applicant and owner as necessary to determine compliance with this requirement.

7. Lot Size.
a. The lot to be split must be at least 2,400 square feet.The parcel map subdivides an existing parcel to create no more than two new parcels of approximately equal lot area. b. The resulting lots must each be at least 1,200 square feet. c. Each of the resulting lots must be between 60 percent and at least 40 percent of the original lot area.

8. Easements.
a. The owner must enter into an easement agreement with each public-service provider to establish easements that are sufficient for the provision of public services and facilities to each of the resulting lots.
b. Each easement must be shown on the tentative parcel map and final map. c. Copies of the unrecorded easement agreements must be submitted with the application. The easement agreements must be recorded against the property before the final map may be approved, in accordance with section D.2 above.
d. If an easement is recorded and the project is not completed, making the easement moot, the property owner may request, and the City will provide, a notice of termination of the easement, which the owner may record.

9. Lot Access.
a. Each resulting lot must adjoin the public right-of-way. b. Each resulting lot must have frontage on the public right-of-way of at least 12.5 feet.

10. Development Standards and Design Criteria. In addition to the standards criteria set forth in the section, except as otherwise required by state law, an SB 9 urban lot split and all development on the resulting lots must conform to all applicable objective development standards that are set forth in this code, as well as in, any applicable specific plans; in a planned unit development ordinance; or resolution; or by conditions duly promulgated and adopted by the City.

11. Unit Standards.
a. Quantity. No more than two dwelling units of any kind may be built on a lot that results from an urban lot split. For purposes of this paragraph, "unit" means any dwelling unit, including, but not limited to, a primary dwelling unit, a unit created under section 17.86.010 of this code, an ADU, or a JADU.
b. Unit Size.
(i) The total maximum floor area of each primary dwelling that is developed on a resulting lot shallmust be eight hundred fifty (850) square feet of interior livable space for a studio or one (1) bedroom unit and one thousand (1,000) square feet of interior livable space for a two (2) or more bedroom unit.
(A) Less than or equal to 800 square feet; and
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(B) More than 500 square feet.
(ii) A primary dwelling that was legally established prior to the urban lot split and that is larger than 81,000 square feet is limited to the lawful floor area at the time of the urban lot split.

It may not be expanded.
(iii) A primary dwelling that was legally established prior to the urban lot split and that is smaller than 8500 square feet may be expanded to 8500 square feet after the urban lot split.
c. Height Restrictions. The maximum height for any structure on a lot created through an urban lot split shall be the maximum height of the underlying zone. (i) On a resulting lot that is larger than 2,000 square feet, no new primary dwelling unit may exceed a single story or 16 feet in height, measured from grade to peak of the structure. (ii) On a resulting lot that is smaller than 2,000 square feet, no new primary dwelling unit may exceed two stories or 22 feet in height, measured from grade to peak of the structure. Any portion of a new primary dwelling that exceeds one story must be stepped back by an additional five feet from the ground floor; no balcony deck or other portion of the second story may project into the setback.
(iii) No rooftop deck is permitted on any new or remodeled dwelling or structure on a lot resulting from an urban lot split.
d. Lot Coverage. Lot coverage on resulting lot may not exceed the lot coverage established for the underlying zone. This lot coverage standard is only enforced to the extent that it does not prevent two primary dwelling units on the lot at least 800 square feet each. Lot coverage includes all dwellings (primary and accessory) and other structures, including, but not limited to, covered porches and patios, and covered parking areas.
e. Urban Open Area.
(i) For purposes of this subsection (E)(l l)(e), the term "urban open area" has the same meaning as defined in Title 17, section 17.88 (Definitions). It is calculated as a percentage of net lot area.
(ii) If all required urban open area is provided at grade, the lot must include at least 15 percent urban open area for each primary dwelling on the lot.
(iii) If any required urban open space is provided above grade (e.g., a deck on a second story), the lot must include at least 25 percent urban open area for each primary dwelling on the lot.
ef. Setbacks.
(i) Generally. All setbacks must conform to those objective setbacks that are imposed through the underlying zone.
(ii) Exceptions. Notwithstanding subpart E.11.ef(i) above:
(A) Existing Structures. No setback is required for an existing legally established structure or for a new structure that is constructed in the same location and to the same dimensions as an existing legally established structure. (B) Eight hundred sf; four-foot side and rear. The setbacks imposed by the underlying zone must yield to the degree necessary to avoid physically precluding the construction of up to two units on the lot or either of the two Ordinance No. 1805 Page 11
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(Supp. No. 61, Update 2)

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units from being at least 800 square feet in floor area; but in no event may any structure be less than four feet from a side or rear property line. (iii) Front Setback Area. Notwithstanding any other part of this code, dwellings that are constructed after an urban lot split must be at least 30 feet from the front property lines.

The front setback areas must:
(A) Be kept free from all structures greater than three feet high; (B) Be at least 50 percent landscaped with drought-tolerant plants, with vegetation and irrigation plans approved by a licensed landscape architect; (C) Allow for vehicular and fire-safety access to the front structure. fg. Parking. Each new primary dwelling unit that is built on a lot after an urban lot split must have at least one off-street parking space per unit unless one of the following applies:
(i) The lot is located within one-half mile walking distance of either a high-quality transit corridor, as that term is defined in subdivision (b) of Section 21155 of the Public Resources Code or a major transit stop, as defined in Section 21064.3 of the Public Resources Code. public transit, inclusive of the definition in Public Resources Code Section 21155 and zoning code definition in Section 17.88.030, whichever is more permissive either:
(A) A corridor with fixed route bus service with service intervals no longer than 15 minutes during peak commute hours; or
(B) A site that contains:
(1) An existing rail or bus rapid transit station,
(2) A ferry terminal served by either a bus or rail transit service, or (3) The intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods. (ii) The site is located within one block of a car-share vehicle location. (iii) The site is within an architecturally and historically significant historic district as defined by State law or within the City’s Architecture overlay, whichever is more permissive; gh. Garage. Any proposed covered or enclosed garage must comply with the following requirements:
(i) Each enclosed garage must maintain a parking space with an interior parking clearance of at least nine feet wide by 18 feet long for each vehicle that the garage is designed to hold. (ii) Storage cabinets or mechanical equipment, including, but not limited to water heaters, utility sinks, or washer and dryers, must not encroach into the required parking area. (iii) The garage must be equipped with an automatic roll-up door opener. (iv) Each garage must maintain each required parking space clear and accessible to park at all times.
i. Building Separation. Except as otherwise allowed by state law, a minimum building separation of 10 feet must be maintained between all detached structures on a lot, including all dwelling units, garages, and accessory structures. hj. Architecture.
(i) Unit Design Standards.

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A. If there is a legal primary dwelling on the lot that was established before the urban lot split, any new primary dwelling unit must match the existing primary dwelling unit in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof.

B. If there is no legal primary dwelling on the lot before the urban lot split, or if an existing primary dwelling is demolished in accordance with this code, and if two primary dwellings are then developed on the lot, the dwellings must match each other in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof.

C. All exterior lighting must be energy-efficient, shielded, and comply with other applicable provisions of the Zoning Ordinance.

D. If any portion of a dwelling allowed to encroach into a setback established by the underlying zone, then all windows and doors in that portion must either be (for windows) clerestory with the bottom of the glass at least six feet above the finished floor, or (for windows and for doors) utilize frosted or obscure glass.

E. Each new primary dwelling unit must have a clear passageway to the main exterior entrance that is accessible directly from the street. For purposes of this section, a passageway means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the dwelling unit. The main entrance of the new dwelling must be covered with an overhang or roof that is at least three feet deep.

F. A pedestrian pathway must be provided to access front doors to all units.

G. If pedestrian access and drive access are provided via the same pathway, the pedestrian pathway must meet ADA walking path width and non-slip surface standards, and must be distinctive in materials from the driveway. ik. Landscaping.
(i) Tree Removal.
(A) No mature tree may be removed on a lot with any development under this section unless removal is necessary to constructing a dwelling unit that must be allowed under state law two primary dwelling units on the lot of at least 800 square feet each.
(B) "Mature tree" means a tree with a diameter of six inches or more or a height of eight feet or taller.
(C) A tree may only be removed under subparagraph E.11.ik(i)(A) above if it is replaced with at least two mature trees of the same type and with a combined trunk diameter that is the same or larger than that of the removed tree. (D) If a certified arborist determines that there is not space on the lot for a replacement tree that is required under subparagraph E.11.ik(i)(C) above, owner may pay the replacement cost of the tree, as determined by the City's tree-replacement cost schedule.
(ii) Setback Landscaping. In setback areas that are visible from the public right-of-way, all space that is not a walkway, parking space, drive aisle, or private recreation area, must be fully landscaped and irrigated.

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(iii) Lot Generally. The lot must comply with the landscaping and irrigation requirements contained in the Landscape Standards in the Zoning Ordinance. (iv) LandscapingScreening. Evergreen landscape screening must be planted and maintained between each dwelling and adjacent lots (but not rights-of-way) as follows: Development adjacent to public right of way or within 20 feet of public right of way, must comply with the landscaping and irrigation requirements contained in the Landscape Standards in the Zoning Ordinance:
(A) According to a planting and irrigation plan that is prepared by a licensed landscape architect.
(A) 50 percent of the front yard setback area shall have a surface that remains permeable and is to be landscaped and permanently maintained, as provided for in Sections 17.68.040, General Landscaping Requirements, and 17.68.060, Maintenance Requirements. Exceptions: On lots with lot width 40 feet or less, 45 percent of the front yard setback area shall have a surface that remains permeable and is to be landscaped and permanently maintained, as provided for in Sections 17.68.040, General Landscaping Requirements, and 17.68.060, Maintenance Requirements.
(B) At least one 15-gallon size plant must be provided for every 15 linear feet of exterior wall. Alternatively, at least one 24 inch-box size plant must be provided for every 25 linear feet of exterior wall. Plantings required by this subsection must be planted adjacent to applicable exterior walls.
(C) Trees must be at least six feet tall when installed. As an alternative, a solid fence of at least six feet in height may be installed.
i(D) All landscaping must be drought-tolerant.
(E) All landscaping must be from the City's approved plant list. l. Storage Facility. Each new primary dwelling unit must provide private secure storage space of at least 96 cubic feet. Closets and cupboard space within the unit interior do not count toward this requirement.
jm. Laundry Facilities. Any proposed washer and dryer facilities must be located in an enclosed portion of a dwelling. The laundry equipment may not be located in any required parking area or outside of an enclosed building.
kn. Water Heaters. Each new primary dwelling unit must have a separate water heater. A water heater with tank must be located in the unit's interior. No exterior water heater tank enclosures are permitted. A tankless water heater inside or outside the dwelling may be substituted for a tank heater, if all building standards are satisfied.
lo. Mechanical Equipment, Metering Devices. All roof- and ground-mounted mechanical equipment and metering devices must be completely screed from public view. All ground-mounted equipment and above-ground utility meters, including, but not limited to, heating, cooling, or ventilating equipment, water meters, gas meters, and irrigation equipment, must be shown on the site plan and must be placed outside of the required front setback area, unless they are installed below grade. If mechanical equipment or a metering device is located between a structure and the property line, an unobstructed path at least three feet wide must be provided to and between the equipment and the property line.
mjp. Access and Circulation.

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(i) All on-site vehicular access, circulation, back-up, and turn-around areas must comply with applicable City standards.
(ii) No more than one drive approach may be created on either lot. (iii) A driveway must be at least 14 feet wide. A greater width might be required by the fire authority.
nkq. Refuse Storage Areas.
(i) Each primary dwelling on the lot must have at least three receptacles (one each for trash, recyclables, and organics) from the City's Franchise Waste Hauler (collectively, "trash containers").
(ii) Trash enclosures which enclose containers shall be of sufficient size to accommodate the trash and recyclable materials generated by the uses on the parcel(s) being served. All outdoor storage of trash, garbage, refuse, and other items or material intended for discarding or collection shall be screened from public view on at least three sides by a solid wall, constructed of concrete block, compatible with the project's architecture and shall not be less than five feet in height or, alternatively, such other material or design approved by the appropriate decision-making authority. The fourth side shall contain an opaque gate which shall be constructed of steel frame, be maintained in working order, and remain closed except when in use. The minimum dimensions of a trash enclosure which encloses a dumpster shall be nine feet wide by six feet deep. (ii) Trash containers must be stored within designated refuse-storage areas only. They may not be stored within required parking areas.
(iii) The storage area required for each trash container must be at least three feet wide by three feet deep.
(iv) No trash container may be stored so as to be visible from any public right-of-way. or. Nonconforming Conditions. An urban lot split is approved without requiring a legal nonconforming zoning condition to be corrected.
pls. Utilities.
(i) Each primary dwelling unit on the lot must have its own direct utility connection to the utility service provider.
(ii) Notwithstanding paragraph E.11.ps(i) above, a primary dwelling unit may have a direct utility connection to an onsite wastewater treatment system in accordance with this paragraph and the City's code. Each primary dwelling unit on the lot that is or that is proposed to be connected to an onsite wastewater treatment system must first have a percolation test completed within the last five years or, if the percolation test has been recertified, within the last 10 years.
(iii) All utilities must be underground or screened.
(iv) All easements for the provision of electricity, gas, water, sewer, and other utility or public service to the lot and each primary dwelling unit must be obtained by the property owner or the applicant before the final map may be recorded. The City may condition approval of the tentative parcel map under this section on the applicant providing evidence that such easements have been agreed to and recorded.
(v) Submitted site plans must show the location and dimension of all proposed underground utility and public service facilities serving the lot and each dwelling unit on the lot and the location and dimensions of all related easements.

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qmt. Building and Safety. All structures built on the lot must comply with all current local building standards.

12. Fire-Hazard Mitigation Measures.
a. A lot in a very high fire hazard severity zone must comply with each of the following fire-hazard mitigation measures:
(i) It must have direct access to a public right-of-way with a paved street with a width of at least 40 feet. The public right-of-way must have at least two independent points of access for fire and life safety to access and for residents to evacuate. (ii) All dwellings on the site must comply with current fire code requirements for dwellings in a very high fire hazard severity zone.
(iii) All enclosed structures on the site must have fire sprinklers. (iv) All sides of all dwellings on the site must be within a 150-foot hose-pull distance from either the public right-of-way or of an onsite fire hydrant or standpipe. (v) If the lot does not have a swimming pool, the lot must have a water reservoir of at least 5,000 gallons per dwelling, with fire-authority approved hookups compatible with fireauthority standard pump and hose equipment. b. Prior to submitting an application for an urban lot split, the applicant must obtain a certificate of compliance with all applicable fire-hazard mitigation measures in accordance with this subpart E.12. The City or its authorized agent must inspect the site, including all structures on the site, and certify as to its compliance. The certificate must be included with the application. The applicant must pay the City's costs for inspection. Failure to pay is grounds for denying the application.

13. Separate Conveyance.
a. Within a resulting lot.
(i) Primary dwelling units on a lot that is created by an urban lot split may not be owned or conveyed separately from each other.
(ii) Condominium airspace divisions and common interest developments are not permitted on a lot that is created by an urban lot split.
(iii) All fee interest in a lot and all dwellings on the lot must be held equally and undivided by all individual property owners.
(iv) No timeshare, as defined by state law or this code, is permitted. This includes any coownership arrangement that gives an owner the right to exclusive use of the property for a defined period or periods of time.
b. Between resulting lots. Separate conveyance of the resulting lots is permitted. If dwellings or other structures (such as garages) on different lots are adjacent or attached to each other, the urban lot split boundary may separate them for conveyance purposes if the structures meet building code safety standards and are sufficient to allow separate conveyance. If any attached structures span or will span the new lot line, the owner must record appropriate CC&Rs, easements, or other documentation that is necessary to allocate rights and responsibility between the owners of the two lots.

14. Regulation of Uses.
a. Residential-only. No non-residential use is permitted on any lot created by urban lot split.

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b. No Short-term Rentals. No dwelling unit on a lot that is created by an urban lot split may be rented for a period of less than 30 days.A rental of any unit on a lot created pursuant to this section shall be rented for a term longer than 30 days. c. Owner Occupancy. The applicant for an urban lot split must sign an affidavit stating that the applicant intends to occupy one of the dwelling units on one of the resulting lots as the applicant's principal residence for a minimum of three years after the urban lot split is approved.

15. Notice of Construction.
a. At least 30 business days before starting any construction of a structure on a lot created by an urban lot split, the property owner must give written notice to all the owners of record of each of the adjacent residential parcels, which notice must include the following information:
(i) Notice that construction has been authorized;
(ii) The anticipated start and end dates for construction; (iii) The hours of construction;
(iv) Contact information for the project manager (for construction-related complaints); and (v) Contact information for the Building and Safety Department. b. This notice requirement does not confer a right on the noticed persons or on anyone else to comment on the project before permits are issued. Approval is ministerial. Under state law, the City has no discretion in approving or denying a particular project under this section. This notice requirement is purely to promote neighborhood awareness and expectation.

16. Deed Restriction. The owner must record a deed restriction on each lot that results from the urban lot split, on a form approved by the City, that does each of the following:
a. Expressly prohibits any rental of any dwelling on the property for a period of less than 30 days. b. Expressly prohibits any non-residential use of the lots created by the urban lot split. c. Expressly prohibits any separate conveyance of a primary dwelling on the property, any separate fee interest, and any common interest development within the lot. d. States that:
(i) The lot is formed by an urban lot split and is therefore subject to the City's urban lot-split regulations, including all applicable limits on dwelling size and development. (ii) Development on the lot is limited to development of residential units under section

17.86.010 of this code, except as required by state law.

F. Specific Adverse Impacts.

1. Notwithstanding anything else in this section, the City may deny an application for an urban lot split if the building official makes a written finding, based on a preponderance of the evidence, that the project would have a "specific, adverse impact" on either public health and safety or on the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.

2. "Specific adverse impact" has the same meaning as in Gov. Code § 65589.5(d)(2): "a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete" and does not include: (1) inconsistency with the zoning ordinance or general plan land use designation, or (2) the eligibility to claim a welfare exemption under Revenue and Taxation Code section 214(g).

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3. The building official may consult with and be assisted by planning staff and others as necessary in making a finding of specific, adverse impact.

G. Coastal Regulations Apply in Full. Nothing in this section alters or lessens the effect or application of the California Coastal Act.
(Ord. No. 1723, § 3(Exh. A), 12-7-2021; Ord. No. 1748, § 4(Exh. A), 1-17-2023) Ordinance No. 1805 Page 18
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4938-3449-0783 v2
Exhibit B
Zoning Amendment 26-066 – Amendments to SCMC Section 17.86.010 (Two-Unit Projects)
[Attached]

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Exhibit B

17.86.010 Two-unit projects.

A. Purpose. The purpose of this section is to allow and appropriately regulate two-unit projects in accordance with Government Code section 65852.21.

B. Definitions.

1. A "two-unit project" means the development of two primary dwelling units or, if there is already a primary dwelling unit on the lot, the development of a second primary dwelling unit on a legally subdivided lot in accordance with the requirements of this section.

C. Application.

1. Owners.
a. Only individual property owners may apply for a two-unit project. "Individual property owner" means a natural person holding fee title individually or jointly in the person's own name or a beneficiary of a trust that holds fee title. "Individual property owner" does not include any corporation or corporate person of any kind (partnership, LP, LLC, C corp, S corp, etc.) except for a community land trust (as defined by Rev. & Tax Code § 402.1(a)(11)(C)(ii)) or a qualified nonprofit corporation (as defined by Rev. & Tax Code § 214.15). b. Any person with a mortgage interest in the lot to be developed with a two-unit project under this section must sign the application indicating the person's consent to the project.

2. An application for a two-unit project must be submitted on the City's approved form.

3. The applicant must obtain a certificate of compliance with the Subdivision Map Act for the lot and provide the certificate with the application.

4. Only a complete application will be considered. The City will inform the applicant in writing of any incompleteness within 30 days after the application is submitted.

5. The City may establish a fee to recover its costs for adopting, implementing, and enforcing this section of the code, in accordance with applicable law. The City council may establish and change the fee by resolution. The fee must be paid with the application.

D. Approval.

1. An application for a two-unit project is approved or denied ministerially, by the Director of Community Development, without discretionary review.

2. The ministerial approval of a two-unit project does not take effect until the City has confirmed that the required documents have been recorded, such as the deed restriction and easements.

4. The approval must require the owner and applicant to reimburse the City for all costs of enforcement, including attorneys' fees and costs associated with enforcing the requirements of this code.

5. The proposed housing development application shall be considered for approval or denial within 60 days from the date the City received the completed application, and if no action is taken the City shall deem the application approved after that time.

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E. Requirements. A two-unit project must satisfy each of the following requirements:

1. Map Act Compliance. The lot must have been legally subdivided.

2. Zone. The lot is in a single-family residential zone. For purposes of this section, a single-family residential zone is a zone where the only residential use that is allowed as a primary use is a single residential dwelling on a lot.

3. Lot Location.
a. The lot is not located on a site that is any of the following:
(i) Prime farmland, farmland of statewide importance, or land that is zoned or designated for agricultural protection or preservation by the voters.
(ii) A wetland.
(iii) Within a very high fire hazard severity zone, unless the site complies with all fire-hazard mitigation measures required by existing building standards. (iv) A hazardous waste site that has not been cleared for residential use. (v) Within a delineated earthquake fault zone, unless all development on the site complies with applicable seismic protection building code standards. (vi) Within a 100-year flood hazard area, unless the site has either:
(A) Been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction, or (B) Meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program.
(vii) Within a regulatory floodway, unless all development on the site has received a no-rise certification.
(viii) Land identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan. (ix) Habitat for protected species.
(x) Land under conservation easement.
b. The purpose of subpart E.3.a above is merely to summarize the requirements of Government Code section 659l3.4(a)(6)(B)—(K). (See Gov. Code § 66411.7(a)(3)(C).) c. The applicant must provide evidence that the requirements of Government Code section 65913.4(a)(6)(B)—(K) are satisfied.

4. Not Historic. The lot must not be a historic property or within a historic district that is included on the State Historic Resources Inventory. Nor may the lot be or be within a site that is designated by ordinance as a City or cCounty landmark or as a historic property or district.

5. No Impact on Protected Housing.
a. The two-unit project must not require or include the demolition or alteration of any of the following types of housing:
(i) Housing that is income-restricted for households of moderate, low, or very low income. (ii) Housing that is subject to any form of rent or price control through a public entity's valid exercise of its policy power.

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(iii) Housing, or a lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act (Gov. Code §§ 7060—7060.7) at any time in the 15 years prior to submission of the urban lot split application.
(iv) Housing that has been occupied by a tenant in the last three years. b. As part of the two-unit application, the applicant and the owner of a property must provide a sworn statement by affidavit representing and warranting that subpart E.5.a above is satisfied. (i) The sworn statement must state that:
(A) No housing that is income-restricted for households of moderate, low, or very low income will be demolished or altered.
(B) No housing that is subject to any form of rent or price control will be demolished or altered.
(C) No housing that has been withdrawn from rental or lease under the Ellis Act at any time in the last 15 years will be demolished or altered. (D) No housing that has been occupied by a tenant in the last three years will be demolished or altered.
c. The City may conduct its own inquiries and investigation to ascertain the veracity of the sworn statement, including but not limited to, surveying owners of nearby properties; and the City may require additional evidence of the applicant and owner as necessary to determine compliance with this requirement.

6. Development Standards and Design Criteria. In addition to the standards and criteria set forth in this section, except as otherwise required by sState law, an SB 9/SB 450 two-unit project, including any development on a lot created through an urban lot split, must conform to all applicable objective development standards that are set forth in this code, as well as, any applicable specific plans; a planned unit development ordinance or resolution; or by conditions duly promulgated and adopted by the City.

7. Unit Standards.
a. Quantity.
(i) No more than two dwelling units of any kind may be built on a lot that results from an urban lot split. For purposes of this paragraph, "unit" means any dwelling unit, including, but not limited to, a primary dwelling unit, a unit created under this section of this code, an ADU, or a JADU.
(ii) A lot that is not created by an urban lot split may have a two-unit project under this section, plus any ADU or JADU that must be allowed under state law and SCMC section

17.28.270 (Accessory Dwelling Units).
b. Unit Size.
(i) The maximum floor area of each primary dwelling that is developed on a resulting lot shall be eight hundred fifty (850) square feet of interior livable space for a studio or one (1) bedroom unit and one thousand (1,000) square feet of interior livable space for a two (2) or more bedroom unit.

The total floor area of each primary dwelling built that is developed under this section must be:
(A) Less than or equal to 800 square feet; and
(B) More than 500 square feet.

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(ii) A primary dwelling that was legally established on the lot prior to the two-unit project and that is larger than 81,000 square feet is limited to the lawful floor area at the time of the two-unit project. The unit may not be expanded.
(iii) A primary dwelling that was legally established prior to the two-unit project and that is smaller than 8500 square feet may be expanded to 8500 square feet after or as part of the two-unit project.
c. Height Restrictions.
(i) The maximum height for any structure on a lot created through an urban lot split shall be the maximum height of the underlying zone.

On a lot that is larger than 2,000 square feet, no new primary dwelling unit may exceed a single story or 16 feet in height, measured from grade to peak of the structure. (ii) On a lot that is smaller than 2,000 square feet, no new primary dwelling unit may exceed two stories or 22 feet in height, measured from grade to peak of the structure. Any portion of a new primary dwelling that exceeds one story must be stepped back by an additional five feet from the ground floor; no balcony deck or other portion of the second story may project into the setback.
(iii) No rooftop deck is permitted on any new or remodeled dwelling or structure on a lot with a two-unit project.
d. Demo Cap. The two-unit project may not involve the demolition of more than 25 percent of the existing exterior walls of an existing dwelling unless the site has not been occupied by a tenant in the last three years.
de. Lot Coverage. A two-unit project may not exceed the maximum lot coverage established in the underlying zone. This lot coverage standard is only enforced to the extent that it does not prevent two primary dwelling units on the lot at least 800 square feet each. The lot coverage includes all dwellings (primary and accessory) and other structures, including, but not limited to, covered porches and patios, and covered parking areas.
f. Urban Open Area.
(i) For purposes of this subsection (E)(7)(f), the term "urban open area" has the same meaning as provided in Title 17, section 17.88 (Definitions). It is calculated as a percentage of net lot area.
(ii) If all required urban open area is provide at grade, the lot must include at least 15 percent urban open area for each primary dwelling on the lot.
(iii) If any required urban open space is provided above grade (e.g., a deck on a second story), the lot must include at least 25 percent urban open area for each primary dwelling on the lot.
eg. Setback.
(i) Generally. All setbacks must conform to those objective setbacks that are imposed through the underlying zone.
(ii) Exceptions. Notwithstanding subpart E.7.eg(i) above:
(A) Existing Structures. No setback is required for an existing legally established structure or for a new structure that is constructed in the same location and to the same dimensions as an existing legally established structure.

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(B) Eight hundred sf; 4-foot side and rear. The setbacks imposed by the underlying zone must yield to the degree necessary to avoid physically precluding the construction of up to two units on the lot or either of the two units from being at least 800 square feet in floor area; but in no event may any structure be less than four feet from a side or rear property line.
(iii) Front Setback Area. Notwithstanding any other part of this code, dwellings that are constructed under this section must be at least 30 feet from the front property lines. The front setback area must:
(A) Be kept free from all structures greater than three feet high; (B) Be at least 50 percent landscaped with drought-tolerant plants, with vegetation and irrigation plans approved by a licensed landscape architect; (C) Allow for vehicular and fire-safety access to the front structure. fh. Parking. Each new primary dwelling unit must have at least one off-street parking space per unit unless one of the following applies:
(i) The lot is located within one-half mile walking distance of either a high-quality transit corridor, as that term is defined in subdivision (b) of Section 21155 of the Public Resources Code or a major transit stop, as defined in Section 21064.3 of the Public Resources Code.public transit, inclusive of the definition in Public Resources Code Section 21155 and zoning code definition in Section 17.88.030, whichever is more permissive either:
(A) A corridor with fixed route bus service with service intervals no longer than 15 minutes during peak commute hours; or
(B) A site that contains:
(1) An existing rail or bus rapid transit station,
(2) A ferry terminal served by either a bus or rail transit service, or (3) The intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods. (ii) The site is located within one block of a car-share vehicle location. (iii) The site is within an architecturally and historically significant historic district as defined by State law or within the City’s Architecture overlay, whichever is more permissive; gi. Garage. Any proposed covered or enclosed garage must comply with the following requirements:
(i) Each enclosed garage must maintain a parking space with an interior parking clearance of at least nine feet wide by 18 feet long for each vehicle that the garage is designed to hold. (ii) Storage cabinets or mechanical equipment, including, but not limited to water heaters, utility sinks, or washer and dryer, must not encroach into the required parking area. (iii) The garage must be equipped with an automatic roll-up garage door opener. (iiiv) Each garage must maintain all required parking spaces clear and accessible to park at all time.
j. Building Separation. Except as otherwise allowed by state law, a minimum building separation of 10 feet shall be maintained between all detached structures on a lot, including all residential units, garages, and accessory structures.
hk. Architecture.

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(i) Unit Design Standards.
(A) If there is a legal primary dwelling on the lot that was established before the two-unit project, any new primary dwelling unit must match the existing primary dwelling unit in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof. (B) If there is no legal primary dwelling on the lot before the two-unit project, or if an existing primary dwelling is demolished in accordance with this code, and if two primary dwellings are developed on the lot, the dwellings must match each other in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof. (AC) All exterior lighting must be energy-efficient, shielded, and comply with other applicable provisions of the Zoning Ordinance.
(DB) If any portion of a dwelling allowed to encroach into a setback established by the underlying zone, then all windows and doors in that portion must either be (for windows) clerestory with the bottom of the glass at least six feet above the finished floor, or (for windows and for doors) utilize frosted or obscure glass. (E) Each new primary dwelling unit must have a clear passageway to the main exterior entrance that is accessible directly from the street. For purposes of this section, a passageway means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the dwelling unit. The main entrance must be covered with an overhang or roof that is at least three feet deep.
(F) A pedestrian pathway must be provided to access front doors to all units on the lot.
(G) If pedestrian access and drive access are provided via same pathway, the pedestrian pathway must meet ADA walking path width and non-slip surface standards, and must be distinctive in materials from the driveway. il. Landscaping.
(i) Tree Removal.
(A) No mature tree may be removed on a lot with any development under this section unless removal is necessary to construct two primary dwelling units on the lot of at least 800 square feet each ing a dwelling unit that must be allowed under state law.
(B) "Mature tree" means a tree with a diameter of six inches or more or a height of eight feet or taller.
(C) A tree may only be removed under subparagraph E.7.il(i)(A) above if it is replaced with at least two mature trees of the same type and with a combined trunk diameter that is the same or larger than that of the removed tree. (D) If a certified arborist determines that there is not space on the lot for a replacement tree that is required under subparagraph E.7.il(i)(C) above, owner may pay the replacement cost of the tree, as determined by the City's treereplacement cost schedule.

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(ii) Setback Landscaping. In setback areas visible from the public right-of-way, and all space that is not walkways, parking space, drive aisle, or private recreation area, must be fully landscaped and irrigated.
(iii) Lot Generally. The lot must comply with the landscaping and irrigation requirements contain in the Landscape Standards in the Zoning Ordinance. (iv) ScreeningLandscaping. Evergreen landscape screening must be planted and maintained between each dwelling and adjacent lots (but not rights-of-way) as follows Development adjacent to public right of way or within 20 feet of public right of way, must comply with the landscaping and irrigation requirements contained in the Landscape Standards in the Zoning Ordinance:
(A) (A) 50 percent of the front yard setback area shall have a surface that remains permeable and is to be landscaped and permanently maintained, as provided for in Sections 17.68.040, General Landscaping Requirements, and 17.68.060, Maintenance Requirements. Exceptions: On lots with lot width 40 feet or less, 45 percent of the front yard setback area shall have a surface that remains permeable and is to be landscaped and permanently maintained, as provided for in Sections 17.68.040,
General Landscaping Requirements, and 17.68.060, Maintenance Requirements.

According to a planting and irrigation plan that is prepared by a licensed landscape architect.
(B) At least one 15-gallon size plant must be provided for every 15 linear feet of exterior wall. Alternatively, at least one 24 inch-box size plant must be provided for every 25 linear feet of exterior wall. Plantings required by this subsection must be planted adjacent to applicable exterior walls.
(C) Trees must be at least six feet tall when installed. As an alternative, a solid fence of at least six feet in height may be installed.
(D) All landscaping must be drought-tolerant.
(E) All landscaping must be from the City's approved plant list. jm. Storage Facilities. Each new primary dwelling unit must provide private secure storage space of at least 96 cubic feet. Closets and cupboard space within the unit interior do not count toward this requirement.
kn. Laundry Facilities. Any proposed washer and dryer facilities must be located in an enclosed portion of a dwelling. The laundry equipment may not be located in any required parking area or outside of an enclosed building.
lo. Water Heater. Each new primary dwelling unit must have a separate water heater. A water heater with tank must be located in the unit's interior. No exterior water heater tank enclosures are permitted. A tankless water heater inside or outside the dwelling may be substituted for a tank heater if all building standards are satisfied.
mpi. Mechanical Equipment, Metering Devices. All roof- and ground-mounted mechanical equipment and metering devices must be completely screen from public view. All ground-mounted equipment and above-ground utility meters, including, but not limited to, heating, cooling, or ventilating equipment, water meters, gas meters, and irrigation equipment, must be shown on the site plan and must be placed outside of the required front setback area, unless they are installed below grade. If mechanical equipment or a metering device is located between a Ordinance 1805 Page 26
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(Supp. No. 61, Update 2)

Page 8 of 11 ends

structure and the property line, an unobstructed path at least three feet wide must be provided to and between the equipment and the property line.
nqj. Access and Circulation.
(i) All on-site vehicular access, circulation, back-up, and turn-around areas must comply with applicable City standards.
(ii) No more than one drive approach may be created for any two-unit projects. (iii) A driveway must be at least 14 feet wide. A greater width might be required by the fire authority.
rok. Refuse Storage Areas.
(i) Each primary dwelling on the lot must have at least three receptacles (one each for trash, recyclables, and organics) from the City's Franchise Waste Hauler (collectively, "trash containers").
(ii) Trash containers must be stored within designated refuse-storage areas only. They may not be stored within required parking areas. Trash enclosures which enclose containers shall be of sufficient size to accommodate the trash and recyclable materials generated by the uses on the parcel(s) being served. All outdoor storage of trash, garbage, refuse, and other items or material intended for discarding or collection shall be screened from public view on at least three sides by a solid wall, constructed of concrete block, compatible with the project's architecture and shall not be less than five feet in height or, alternatively, such other material or design approved by the appropriate decision-making authority. The fourth side shall contain an opaque gate which shall be constructed of steel frame, be maintained in working order, and remain closed except when in use. The minimum dimensions of a trash enclosure which encloses a dumpster shall be nine feet wide by six feet deep.
lps. Nonconforming Conditions. A two-unit project may only be approved if all nonconforming zoning conditions are corrected.
mqt. Utilities.
(i) A primary dwelling unit may have a direct utility connection to an onsite wastewater treatment system in accordance with this paragraph and the City's code. Each primary dwelling unit on the lot that is or that is proposed to be connected to an onsite wastewater treatment system must first have a percolation test completed within the last five years or, if the percolation test has been recertified, within the last 10 years. (ii) All utilities must be underground or screened.
(iii) All easements for the provision of electricity, gas water, sewer, and other utility or public service to the lot and each primary dwelling unit must be obtained by the property owner or the applicant before the final map may be recoded. The City may condition approval of the tentative parcel map under this section on the applicant providing evidence that such easement have been agreed to and recorded.
(iv) Submitted site plans must show the location and dimension of all proposed underground utility and public service facilities serving the lot and each dwelling unit on the lot and the location and dimensions of all related easements.
nru. Building and Safety. All structures built on the lot must comply with all current local building standards. A project under this section is a change of use and subjects the whole of the lot, and all structures, to the City's current code.

Ordinance 1805 Page 27
625
(Supp. No. 61, Update 2)

Page 9 of 11 ends

8. Fire-Hazard Mitigation Measures.
a. A lot in a very high fire hazard severity zone must comply with each of the following fire-hazard mitigation measures:
(i) It must have direct access to a public right-of-way with a paved street with a width of at least 40 feet. The public right-of-way must have at least two independent points of access for fire and life safety to access and for residents to evacuate. (ii) All dwellings on the site must comply with current fire code requirements for dwellings in a very high fire hazard severity zone.
(iii) All enclosed structures on the site must have fire sprinklers. (iv) All sides of all dwellings on the site must be within a 150-foot hose-pull distance from either the public right-of-way or of an onsite fire hydrant or standpipe. (v) If the lot does not have a swimming pool, the lot must have a water reservoir of at least 5,000 gallons per dwelling, with fire-authority approved hookups compatible with fireauthority standard pump and hose equipment. b. Prior to submitting an application for an urban lot split, the applicant must obtain a certificate of compliance with all applicable fire-hazard mitigation measures in accordance with this subpart E.8. The City or its authorized agent must inspect the site, including all structures on the site, and certify as to its compliance. The certificate must be included with the application. The applicant must pay the City's costs for inspection. Failure to pay is grounds for denying the application.

9. Separate Conveyance.
a. Primary dwelling units on the lot may not be owned or conveyed separately from each other. b. Condominium airspace divisions and common interest developments are not permitted within the lot.
c. All fee interest in the lot and all the dwellings must be held equally and undivided by all individual property owners.
(i) No timeshare, as defined by state law or this code, is permitted. This includes any coownership arrangement that gives an owner the right to exclusive use of the property for a defined period or periods of time.

10. Regulation of Uses.
a. Residential-only. No non-residential use is permitted on the lot. b. No Short-term Rentals. No dwelling unit on the lot may be rented for a period of less than 30 days. A rental of any unit created pursuant to this section shall be rented for a term longer than 30 days.
c. Owner Occupancy. Unless the lot was formed by an urban lot split, the individual property owners of a lot with a two-unit project must occupy one of the dwellings on the lot as the owners' principal residence and legal domicile.

11. Notice of Construction.
a. At least 30 business days before starting any construction of a two-unit project, the property owner must give written notice to all the owners of record of each of the adjacent residential parcels, which notice must include the following information:
(i) Notice that construction has been authorized,
Ordinance 1805 Page 28
626
(Supp. No. 61, Update 2)

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(ii) The anticipated start and end dates for construction, (iii) The hours of construction,
(iv) Contact information for the project manager (for construction-related complaints), and (v) Contact information for the Building and Safety Department. b. This notice requirement does not confer a right on the noticed persons or on anyone else to comment on the project before permits are issued. Approval is ministerial. Under state law, the City has no discretion in approving or denying a particular project under this section. This notice requirement is purely to promote neighborhood awareness and expectation.

12. Deed Restriction. The owner must record a deed restriction, on a form approved by the City, that does each of the following:
a. Expressly prohibits any rental of any dwelling on the property for a period of less than 30 days. b. Expressly prohibits any non-residential use of the lot. c. Expressly prohibits any separate conveyance of a primary dwelling on the property, any separate fee interest, and any common interest development within the lot. d. If the lot does not undergo an urban lot split: Expressly requires the individual property owners to live in one of the dwelling units on the lot as the owners' primary residence and legal domicile. e. Limits development of the lot to residential units that comply with the requirements of this section, except as required by state law.

F. Specific Adverse Impacts.

1. Notwithstanding anything else in this section, the City may deny an application for a two-unit project if the building official makes a written finding, based on a preponderance of the evidence, that the project would have a "specific, adverse impact" on either public health and safety or on the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.

3. The building official may consult with and be assisted by planning staff and others as necessary in making a finding of specific, adverse impact.

G. Coastal Regulations Apply in Full. Nothing in this section alters or lessens the effect or application of the California Coastal Act.

H. Remedies. If a two-unit project violates any part of this code or any other legal requirement:

1. The buyer, grantee, or lessee of any part of the property has an action for damages or to void the deed, sale, or contract.

2. The City may:
a. Bring an action to enjoin any attempt to sell, lease, or finance the property. b. Bring an action for other legal, equitable, or summary remedy, such as declaratory and injunctive relief.

Ordinance 1805 Page 29
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(Supp. No. 61, Update 2)

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c. Pursue criminal prosecution, punishable by imprisonment in county jail or state prison for up to one year, by a fine of up to $10,000.00, or both; or a misdemeanor. d. Record a notice of violation.
e. Withhold any or all future permits and approvals.
f. Pursue all other administrative, legal, or equitable remedies that are allowed by law or the City's code.
(Ord. No. 1723, § 3(Exh. A), 12-7-2021; Ord. No. 1748, § 4(Exh. A), 1-17-2023) Ordinance 1805 Page 30
628
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: May 5, 2026 Agenda Item: 11G.

ORDINANCE NO. 1806

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN
CLEMENTE AMENDING SECTION 28 OF THE CODIFICATION OF THE

TRAFFIC REGULATIONS OF SAN CLEMENTE, CALIFORNIA TO

REPEAL AND REPLACE CERTAIN TIME LIMITATIONS FOR PARKING

ON PORTIONS OF AVENIDA DEL MAR, NORTH & SOUTH EL CAMINO

REAL, NORTH & SOUTH OLA VISTA, AND THE CITY OWNED

PARKING LOT AT THE SAN CLEMENTE LIBRARY/COMMUNITY

CENTER, AND FINDING THE ACTION EXEMPT FROM THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER CLASS 1 (EXISTING FACILITIES, 14 CCR SECTION 15301) OF THE STATE CEQA GUIDELINES.

WHEREAS, Section 28 of the Codification of the Traffic Regulations of San Clemente, California (“Traffic Code”) currently provides regulations for parking in specific locations within the City; and
WHEREAS, the City Council seeks to clarify and standardize the parking time limitations on portions of Avenida Del Mar, North and South El Camino Real, North and South Ola Vista, and the City-owned parking lot located at the San Clemente Library/ Community Center; and WHEREAS, this ordinance is necessary to support local businesses during the upcoming peak economic season, improve access to coastal resources, implement meaningful parking enforcement.

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

SECTION 1. The recitals above are true and correct and each incorporated fully herein by reference and adopted as findings by the City Council.

SECTION 2. All parking time limitations on Avenida Del Mar (between El Camino Real and Calle Seville), North and South El Camino Real (between Avenida Victoria and El Portal), North and South Ola Vista (between Avenida Cabrillo and Avenida Victoria), and the parking lot owned by the City of San Clemente located at the San Clemente Library/ Community Center, with the exception of existing 20-minute parking zones, are hereby repealed.

SECTION 3. Parking time limitations on Avenida Del Mar (between El Camino Real and Calle Seville), North and South El Camino Real (between Avenida Victoria and El Portal), North and South Ola Vista (between Avenida Cabrillo and Avenida Victoria), and the parking lot owned by the City of San Clemente located at the San Clemente Library/ Community Center, with the exception of existing 20-minute parking zones, are hereby added to Section 28 of the City’s Traffic Code with a three (3) hour parking time limit as further described in Section 6 below. 629
Meeting Date: May 5, 2026 Agenda Item: 11G.

CITY OF SAN CLEMENTE 2
SECTION 4. All existing 20-minute parking time limits in Section 28 of the City’s Traffic Code shall remain as currently identified and regulated without change.

SECTION 5. Based upon its review of the entire record, including the Staff Report, any public comments or testimony presented to the City Council, and the facts outlined below, the City Council hereby finds and determines that this Ordinance is categorically exempt from the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities, 14 CCR section 15301) of the State CEQA Guidelines.

The Class 1 exemption specifically exempts from further CEQA review the operation, repair, maintenance, and minor repair of existing public or private structures, involving negligible or no expansion of use beyond that existing at the time of the lead agency’s determination. This Ordinance involves maintaining an existing use with clarification in hours of operation and thus qualifies for the Class 1 exemption.

Furthermore, it is the finding of the City Council that this Ordinance will not impact an environmental resource of hazardous or critical concern, will not result in a cumulative impact from successive projects of the same type and there are no unusual circumstances surrounding the project that result in a reasonably possibility of a significant effect on the environment. The project will not damage scenic resources, including trees, rock outcroppings, or similar resources. The project does not include any hazardous waste sites, and the project will not cause a substantial adverse change in the significance of a historical resource.

SECTION 6. Subsection 28.d.2j is hereby added to Section 28 of the San Clemente Traffic Code to read as follows:

With the exception of previously identified parking stalls or parking stalls identified in the future by the City Council to be 20 minute parking zones (as indicated by signage and green curb painting), all public on-street parking on Avenida Del Mar (between El Camino Real and Calle Seville), North and South El Camino Real (between Avenida Victoria and El Portal), North and South Ola Vista between Avenida Victoria and Avenida Cabrillo), and within parking lot owned by the City of San Clemente located at the San Clemente Library/ Community Center shall be limited to three (3) hours.

SECTION 7. This ordinance takes effect 30 days after its final adoption.

SECTION 8. If any provision of this Ordinance or its application to any person or circumstance is held to be invalid, such invalidity has no effect on the other provisions or applications of the Ordinance that can be given effect without the invalid provision or application, and to this extent, the provisions of this Ordinance are severable. The City Council declares that it would have adopted this Ordinance irrespective of the invalidity of any portion thereof.

SECTION 9. The City Council hereby directs staff to prepare, execute, and file with the Orange County Clerk a notice of exemption within five working days of the adoption of this Ordinance.

SECTION 10. The custodian of records for this Ordinance is the San Clemente City Clerk, and the records compromising the administrative record for this Ordinance are located at 910 Calle Negocio, San Clemente, CA 92673.

First read and introduced at the regular meeting of the City Council on April 21, 2026. 630
Meeting Date: May 5, 2026 Agenda Item: 11G.

CITY OF SAN CLEMENTE 3
APPROVED 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 ) ss.

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
631
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: May 5, 2026 Agenda Item: 11H.

Submitted By: Public Works
Prepared By: Jacob Ohana, P.E., Associate Civil Engineer Subject:
..titl e

CONSIDERATION OF A RESOLUTION AWARDING A PROFESSIONAL CONSULTANT SERVICES AGREEMENT TO ROGERS STRINGER & MCCLELLAND, INC. FOR THE AQUATIC CENTER PUMP ROOM IMPROVEMENTS, CIP PROJECT NO. 12807, AUTHORIZING THE CITY

MANAGER TO EXECUTE THE PROFESSIONAL CONSULTANT SERVICES AGREEMENT IN AN AMOUNT NOT TO EXCEED $112,000, AND FINDING THE PROJECT CATEGORICALLY EXEMPT ..body FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT

Summary:

The City recently completed an assessment of the heating and treatment systems for pool water at the Vista Hermosa Sports Park Aquatic Center and found that the equipment is at the end of its useful life and requires replacement. The City Council is being asked to consider a Resolution (Attachment 1) to award and authorize the execution of a Professional Consultant Services Agreement with Rogers Stringer & McClelland, Inc. (RSM) for engineering design services to prepare plans and specifications for the improvements of the Aquatic Center Pump Room, in an amount not to exceed $112,000 (Attachment 2).

Background:

The San Clemente Aquatics Center (Attachment 3) was originally opened to the public in 2012 and consists of a 50-meter competition pool and a 25-yard activity pool. The City has recently completed replastering of its competition swimming pool and an assessment of the Aquatic Center Pump Room.

The assessment of the existing facilities and equipment resulted in recommendations for repairs, replacements, and upgrades to the equipment room. Areas of concern include the equipment room building, concrete pads, interior lighting, chemical storage rooms, pool recirculation pumps, heating pumps and systems, filtration systems, strainers, valves, and piping and its supports.

Discussion:

Under the proposed agreement, RSM will be tasked with preparing plans and specifications for the ultimate replacement of the existing Competition and Activity Pool recirculation pumps, VFDs, filtration systems, heating systems, acid feed pumps, re-routing of existing piping and supports, and other appurtenant improvements. During the construction phase of this project, RSM will provide construction support services to assist the City, including bidding and submittal support and addressing any design-related issues in the plans and specifications prepared by their firm.

RSM will also prepare the final Record Drawings at the completion of the project. 632
Meeting Date: May 5, 2026 Agenda Item: 11H.

CITY OF SAN CLEMENTE 2
Staff issued a Request for Proposals (RFP), researched
potential local professionals and directly solicited
proposals from five qualified firms: 1) Rogers Stringer & McClelland, Inc., 2) Aquatic Engineering Inc., 3) Aquatic Technologies, 4) Blue Haven, and 5) California Custom
Pools. Staff received one proposal from Rogers Stringer & McClelland, Inc. (RSM), in the amount of $112,000.

Following the City’s Procurement Policy and Procedure
Section VIII – Selection of Professional Service
Consultants and Contractors, City staff reviewed the
written proposal and determined that Rogers Stringer
McClelland, Inc. is qualified, its fee is fair and
reasonable.

Considerations Identified by Staff:

By awarding a Professional Consultant Services Agreement to RSM, the firm will perform the design and prepare a bid package for the pump room improvements at the Aquatics Center.

Upon selection of a construction contractor through public bidding, the proposed improvements will provide long-term service to pool patrons.

If a contract is not awarded to RSM, the necessary repairs and upgrades to the pump room at the Aquatic Center will be deferred, leading to increased likelihood of equipment failure and potential closure of the pool facility.

Council Options:
 Adopt Resolution No. 26-83 (Attachment 1), awarding a Professional Consultant Services Agreement to Rogers Stringer & McClelland, Inc. in an amount not to exceed $112,000, authorizing the City Manager to execute the agreement, and finding the project categorically exempt from CEQA under Class 2 (Replacement or Reconstruction, 14 CCR section 15302) of the State CEQA Guidelines.
 Modify and adopt Resolution No. 26-83.
 Continue the item and direct staff to provide additional information.  Deny the adoption of Resolution No. 26-83 to authorize execution of the Professional Services Agreement with Rogers & Stringer McClelland, Inc., and provide additional direction to staff.

Environmental Review/Analysis:

This project is categorically exempt from the California Environmental Quality Act (CEQA) as it pertains to the repair of an already existing pump room under Class 2 of the state CEQA Guidelines, Section 15302 – Replacement or Reconstruction. A notice of exemption will be filed for this project.
633
Meeting Date: May 5, 2026 Agenda Item: 11H.

CITY OF SAN CLEMENTE 3
Fiscal Impact:

The total estimated engineering design cost is $112,000, which is within the available approved budget amount of $468,417 from the Facilities Reserve Fund, Account Number 014-817-45000- 000-12807.

Recommended Actions: ..recommendati on
Staff recommends that the City Council adopt Resolution No. 26-83, which will:

1. Award a Professional Consultant Services Agreement to Rogers Stringer & McClelland, Inc. in an amount not to exceed $112,000, for design of Aquatic Center Pump Room Improvements, CIP Project No. 12807;

2. Authorize the City Manager to execute a Professional Consultant Services Agreement with Rogers Stringer & McClelland, Inc. in an amount not to exceed $112,000, in a form substantially similar to Contract No. C26-35 (Attachment 2);

3. Find the Aquatic Center Pump Room Improvements, CIP Project No. 12807, categorically exempt from the California Environmental Quality Act (CEQA) under Class 2 (Replacement or Reconstruction, 14 CCR section 15302) of the State CEQA Guidelines. ..end
Attachments:

1. Resolution No. 26-83

2. Contract No. C26-35 (without attachments)

3. Location Map
Notification:

Rogers Stringer & McClelland, Inc.
634
Attachment 1
RESOLUTION NO. 26-83

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, AWARDING A

PROFESSIONAL CONSULTANT SERVICES AGREEMENT
TO ROGERS STRINGER & MCCLELLAND, INC. FOR THE

AQUATIC CENTER PUMP ROOM IMPROVEMENTS, CIP
PROJECT NO. 12807, AUTHORIZING THE CITY MANAGER

TO EXECUTE THE AGREEMENT IN THE AMOUNT NOT TO
EXCEED $112,000, AND FINDING THE PROJECT

CATEGORICALLY EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT (CEQA) UNDER CLASS
2 (REPLACEMENT OR RECONSTRUCTION, 14 CCR
SECTION 15302) OF THE STATE CEQA GUIDELINES
WHEREAS, the City has recently completed an assessment of the pool water heating and treatment systems at the Aquatic Center at the Vista Hermosa Sports Park and has found components to be at the end of their useful lives; and WHEREAS, equipment found to be in need of replacement includes concrete pads, interior lighting, chemical storage rooms, pool recirculation pumps, heating pumps and systems, filtration systems, strainers, valves, and piping and supports; and WHEREAS, staff advertised and requested proposals from five qualified firms for engineering design services to prepare plans and specifications; and WHEREAS, Rogers Stringer & McClelland, Inc. provided a proposal in an amount not to exceed $112,000; and
WHEREAS, Staff reviewed the proposal from Rogers Stringer & McClelland, Inc. and recommends award of a Professional Consultant Services Agreement with Rogers Stringer & McClelland, Inc. to provide the Engineering Design Services needed for the project.

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

SECTION 1. Recitals. The above recitals are true and correct, considered findings by the City Council and incorporated into the body of this resolution fully by this reference.

SECTION 2. Based on a review of the record as a whole, the Aquatic Center Pump Room Improvements, CIP Project No. 12807, is hereby determined to be categorically exempt from California Environmental Quality Act (CEQA) under Sections 15302 of the state CEQA Guidelines, Class 2 (14 CCR 15302, Replacement or Reconstruction) because it consists of consists of replacement of existing pump room facilities/equipment where the new facilities/equipment will be located on the same site 635
Resolution No. 26-83 Page 2
as those being replaced and will have substantially the same purpose and capacity as those replaced.

SECTION 3. A Professional Consultant Services Agreement is hereby awarded to Rogers Stringer & McClelland, Inc. to provide Engineering Design Services for the Aquatics Center Pump Room Improvements Project.

SECTION 4. The City Manager is hereby authorized and directed to execute a Professional Consultant Services Agreement with Rogers Stringer & McClelland, Inc., in the amount not to exceed $112,000, in a form substantially similar to that presented to the City Council on May 5, 2026.

SECTION 5. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

PASSED AND ADOPTED this day of , 2026.

ATTEST:

City Clerk of the City of Rick Loeffler, Mayor of the City of San Clemente, California San Clemente, California

STATE OF CALIFORNIA )
636
Resolution No. 26-83 Page 3
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. 26-83 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
637
Attachment 2

CITY OF SAN CLEMENTE

PROFESSIONAL CONSULTANT SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into this _____ day of ________, 20___, by and between the City of San Clemente, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 910 Calle Negocio, San Clemente, California, 92673 ("City") and ROGERS STRINGER & MCCLELLAND, INC., a California corporation, with its principal place of business at 1981 N. BROADWAY, SUITE 202, WALNUT CREEK, CA 94596 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. RECITALS.

2.1 Consultant.

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

2.2 Project.

City desires to engage Consultant to render such professional ENGINEERING DESIGN consulting services for the AQUATIC CENTER PUMP ROOM IMPROVEMENTS, PN 12807 project ("Project") as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

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

3.1.2 Term. The term of this Agreement shall be from APRIL 15, 2026 to APRIL 15, 2029, or until the Services are completed to the City’s satisfaction, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.

3.2 Responsibilities of Consultant.

3.2.1 Independent Contractor; Control and Payment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this 638
4897-7762-5766 v1 2
55452.01100\31193624.5
Agreement. City retains Consultant on an independent contractor basis and not as an employee.

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

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

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

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

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

3.2.6 Substitution of Key Personnel. Consultant has represented to City that 639
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certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. The key personnel for performance of this Agreement are as follows: BERNIE ROGERS, PRINCIPAL ENGINEER.

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

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

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

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

As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services 640
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or to work on the Project.

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

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

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

3.3 Fees and Payments.

3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "D" attached hereto and incorporated herein by reference. The total compensation shall not exceed ONE HUNDRED AND TWELVE THOUSAND DOLLARS ($112,000) without prior written approval of the City Council or City Manager as applicable. Extra Work may be previously authorized in writing, as described below, and if so authorized, will be compensated at the rates and manner set forth in this Agreement.

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

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

3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any 641
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expenses unless previously authorized in writing by City, or included in Exhibit "D" of this Agreement.

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

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

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

3.3.6 Labor Code Requirements.

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

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

3.4 Accounting Records.

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

3.5.1 Termination of Agreement.

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

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

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

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

Consultant: ROGERS STRINGER & MCCLELLAND, INC.
1981 N. BROADWAY, SUITE 202
WALNUT CREEK, CA 94596
ATTN: BERNIE ROGERS, PRINCIPAL ENGINEER
City: City of San Clemente
910 Calle Negocio
San Clemente, CA 92673
ATTN: Laura Campagnolo, City Clerk and Jacob Ohana,
Assistant Engineer
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.5.3 Ownership of Materials and Confidentiality.

3.5.3.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for 643
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any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data.

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

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

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

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

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

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

3.5.6 Indemnification.

3.5.6.1 To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, 644
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employees, subcontractors, consultants or agents in connection with the performance of the Consultant's Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses. Consultant’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.

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

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

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

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

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

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

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

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

3.5.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 645
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3.5.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.

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

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

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

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

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

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

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

3.6 Subcontracting.

3.6.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all 646
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provisions stipulated in this Agreement.
[SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be duly executed on the respective dates set forth opposite of their signatures.

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

APPROVED AS TO AVAILABILITY
OF FUNDING:
_____________________________
Finance Authorization

ROGERS STRINGER & MCCLELLAND,
INC.,
a California corporation
(“CONSULTANT”)
By:_____________________________
Bernard Walter Rogers, CFO/Secretary
Dated: _________________________
By:_____________________________
James Patrick McClelland, CEO
Dated: _________________________
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EXHIBIT "A"

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

Consultant shall provide engineering services, including design, permit applications, and plans and specifications and construction support services, for the rehabilitation and replacement of the Aquatic Center heating and water treatment systems, which includes, but is not limited to the following:

INITIAL PROJECT MEETING:

1. Consultant shall participate in an onsite meeting to verify existing system information, operating procedures, and associated systems functionality. Prior to the meeting the Consultant shall thoroughly review the condition assessment report. At the meeting, discuss any unknowns, assumption or additional information needed.

2. Consultant shall provide an agenda prior to the meeting and meeting notes for distribution to participants.

PRELIMINARY DESIGN MEMO (PDM):

Consultant shall prepare a PDM addressing the following issues:

1. South Coast Air Quality Management (SCAQMD) permitting requirements:
a. Consultant shall review the applicable rules for a permit to construct for the proposed improvements.
b. Consultant shall determine which rules apply and consult with SCAQMD to prepare a permitting strategy for compliance.
c. Consultant shall prepare draft studies that may be required to support the permit application, including emission modeling and CEQA documents. d. All permitting fees shall be paid by the City.

2. Consultant shall provide a review and phased implementation for replacing the following equipment at the end of its useful life and to simplify or reduce maintenance while reducing water consumption and increasing overall efficiency of the facility. The replacement schedule shall consider compliance dates with SCAQMD rules and regulations:
a. Replace the Competition Recirculation Pump with a horizontal end suction pump. b. Replace the Competition Recirculation Pump VFD.
c. Replace the Competition Pool Filtration System with a system of 20 SF filter tanks.
d. Replace the Competition Pool Heating System with an indirect heating system similar to Lochinvar Aquas Heaters.
e. Replace the Competition Pool peristaltic chlorine feed pump with an EMEC diaphragm feed pump (if not completed by City Staff).
f. Replace the Competition Pool peristaltic acid feed pump (If not completed by City Staff).
g. Replace the Activity Pool Recirculation Pump with a similar pump. 649
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h. Replace the Activity Pool Recirculation Pump VFD.
i. Replace the Activity Pool Feature Pump with a similar pump. j. Replace the filter media at the Activity Pool Filtration System. Rebuild filter internals and backwash valves.
k. Replace the Activity Pool Heating System with an indirect heating system similar to Lochinvar Aquas Heaters.
l. Replace the Activity Pool peristaltic chlorine feed pumps with one EMEC diaphragm feed pump and one Stenner peristaltic feed pump (if not completed by City Staff).
m. Replace the Activity Pool peristaltic acid feed pump (if not completed by City Staff).
n. Install an intermediate steel frame system for overhead pipe supports and integrated pump gantry system. Consider pump access through the west wall of the equipment room building to the parking lot.
o. Re-route pipe as needed throughout the equipment room. p. Install combination eyewash shower unit at the exterior of the building near the chemical storage rooms (if not completed by City Staff). q. Replace door hardware and kick plates at chemical storage rooms with noncorrosive materials.
r. Replace piping support hardware and penetration sleeve hardware inside chemical storage rooms with non-corrosive materials.

3. PDM Submittal:
a. Consultant shall submit the preliminary PDM for review by stakeholders and respond to comments and questions.
b. Consultant shall provide a schedule for the design, permitting, bidding, construction and commissioning of the improvements.
c. Consultant shall participate in a meeting to resolve comments, questions and outstanding issues.
d. Consultant shall provide agenda prior to the meeting and meeting notes for distribution to participants.
e. Consultant shall provide a final report responding to review comments and meeting discussions.

DESIGN:

Consultant shall prepare construction documents including plans and specifications for competitive bidding in accordance with City of San Clemente requirements:

1. 50% Submittal:
a. Consultant shall provide a submittal of the plans and specifications for review. b. Consultant shall provide a draft SCAQMD permit to construct application. c. Consultant shall participate in a meeting to resolve comments, questions or outstanding issues.
d. Consultant shall provide an agenda prior to the meeting and meeting notes for distribution to participants.

2. 90% Submittal:
a. Consultant shall provide a submittal of the plans and specifications for review. b. Consultant shall participate in a meeting to resolve comments, questions or outstanding issues.
c. Consultant shall provide an agenda prior to the meeting and meeting notes for distribution to participants.

3. 100% Submittal:
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a. Consultant shall provide a complete set of construction documents for review. b. Consultant shall provide a final SCAQMD permit to construction application. c. Consultant shall respond to owner and other comments and provide sealed documents for bidding.
d. Consultant shall include clear warranty requirements for manufacturer equipment.
e. Consultant shall provide an engineer’s estimate of construction costs. f. Construction documents shall bear the seal of a California Registered Professional Engineer.
g. Consultant shall assist the City with obtaining a permit to construct from the SCAQMD.
h. Consultant shall attend permit meetings, respond to comments and provide any required revisions to the plans and specifications.

CONSTRUCTION SUPPORT SERVICES:

Consultant shall provide the following construction support services:

1. Bidding Phase Services
a. Consultant shall attend the Pre-Construction meeting, as well as weekly construction progress meetings.
b. Consultant shall review and respond to Request for Information (RFI) during the project.
c. Consultant shall provide submittal reviews for conformance with the contract documents.
d. Consultant shall review and respond to change order requests and other construction correspondence.
e. Consultant shall prepare plan revisions as needed.
f. Consultant shall conduct site reviews during construction, as requested by the City.
g. Consultant shall participate in the startup and commissioning of the project. h. Consultant shall prepare final Record Drawings based on the Contractor’s redlined as-built drawings reviewed by the City’s construction manager. 651
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EXHIBIT "B"

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

INSURANCE REQUIREMENTS

3.2.12 Insurance.

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

3.2.12.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Consultant, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so.
(A) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 0001, or the exact equivalent, with limits of not less than $1,000,000 per occurrence and no less than $2,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); or (3) containing any other exclusion(s) contrary to the terms or purposes of this Agreement. (B) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering "Any Auto" (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $1,000,000 combined limit for each occurrence. (C) Workers' Compensation: Workers' Compensation
Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease. (D) Professional Liability (Errors & Omissions): Professional Liability insurance or Errors & Omissions insurance appropriate to Consultant’s profession with limits of not less than $1,000,000 per claim. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least three (3) years from termination or expiration of this Agreement. (E) Cyber Liability Insurance with limits not less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Contractor in this agreement and shall include, but not be limited to, claims involving security breach, system failure, data recovery, 653
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business interruption, cyber extortion, social engineering, infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, and alteration of electronic information. The policy shall provide coverage for breach response costs, regulatory fines and penalties as well as credit monitoring expenses.

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

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

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

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

3.2.12.6 Primary and Non-Contributing Insurance. All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other 654
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insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.

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

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

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

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

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

3.2.12.12 Enforcement of Agreement Provisions (non estoppel).

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

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

COMPENSATION
In full compensation for the Services provided under this Agreement, the City shall pay the Consultant for actual work performed at the following hourly rate(s):

Hourly Rate Schedule
Principal $300/hour
Associate $265/hour
Project Architect $250/hour
Project Engineer $250/hour
Project Manager $190/hour
Job Captain $160/hour
Staff Engineer/Architect $160/hour
Designer/Drafter $160/hour
Administration $150/hour
Office Aide $100/hour
Entitlement Presentations $300/hour
Consultant shall perform the Services under the Agreement within the following not-to-exceed budget:

Task Compensation
Initial Project Meeting $5,600
Preliminary Design Memo $11,200
Design Development $22,400
Construction Documentation $33,600
Agency Review $5,600
Bidding Support $5,600
Pre-Construction Support $5,600
Construction Support $16,800
Project Close Out / Record Drawings $5,600
TOTAL NOT TO EXCEED BUDGET $112,000
There are no reimbursable expenses under this Agreement. 657
WORKER’S COMPENSATION INSURANCE CERTIFICATION
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WORKERS' COMPENSATION DECLARATION
I hereby affirm under penalty of perjury one of the following declarations:
(ONE OF THE BOXES BELOW MUST BE CHECKED)
I have and will maintain a certificate of consent from the California Labor Commission to self-insure for workers' compensation, as provided for by Section 3700 of the Labor Code, for the performance of the work to be performed under this contract.

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

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

WARNING: FAILURE TO SECURE WORKERS’ COMPENSATION COVERAGE IS

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

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

Dated: _______________________________
________________________________
(“CONSULTANT”)
By: ________________________________
________________________________
Title
________________________________
Address
________________________________
658

CALLE PARADISO

CLE ESTRELLA DE MAR MONTANA DEL SOL

CAMINO DE LA LADERA

AVE PICO

CAM OLEADA

CAM OLEADA CANTO ROMPEOLAS CANTO NUBIADO

MONTANA

CANTO DE LOS CIERVOS

CLE AMANECER

CLE NEGOCIO

CLE SOMBRA CLE RECODO

CLE TREPADORA

CLE AMANECER

COSTERO VISTA

CAMINO ESCOLLO

COSTA ESCONDIDA CALLE ONICE

CAM VERA CRUZ

CALLE ESMERALDA
MALAGA

VIA MARBRISA

CALLE CAMPANERO

VIA ONDA

AVE LA PATA

AVE TALEGA

CALLE PORTOFINO

CALLE SALUDA

VIA LOS TILOS

VIA SONRISA

CLE MARAVILLA

VIA PACIFICA

AVE MERIDA

CAMINO VERA CRUZ

AVE PICO

CLE CORDILLERA

VIA PALACIO VIA ASALEA

AVE PICO

DEL SOL

COSTERO MAGESTUOSO

PLAZA LOS CORRALES CALLE BOTANICO

PLAZA VIA SOL

PLAZA C

CABANA A L L E B O T A
N I OC

VIA MONTE PICAYO

AVE VISTA HERMOSA

CLE SOMBRA
VIA

AVE VISTA HERMOSA

AVE VERA CRUZ

AVE LA PATA

NOT TO SCALE

PROJECT

LOCATION

LOCATION MAP
Aquatic Center Pump
Room Improvements
PN 12807
Attachment 3
659
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: May 5, 2026 Agenda Item: 11I.

Submitted By: Beaches, Parks and Recreation
Prepared By: Samantha Wylie, Beaches, Parks & Recreation Director Subject:
..titl e
CONSIDERATION OF RESOLUTION NO. 26-84 AUTHORIZING A SUPPLEMENTAL

APPROPRIATION, ACCEPTANCE OF FUNDS FOR LIBRARY EXTERIOR REPAINTING

PROJECT AND FINDING THE PROJECT EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT ..body
Summary:

Staff is requesting City Council approval of a supplemental appropriation in the amount of $56,865 to the Capital Improvement Library Fund and acceptance of revenue in the same amount from the County of Orange Community Resources Department. The funding will be used to repaint the exterior of the San Clemente Library facility in accordance with the terms of the existing Lease Agreement between the City and County. Approval of this action will allow the City to proceed with bidding and scheduling of the project.

Background:

The City of San Clemente owns the library facility, which is operated by the County of Orange through a Lease Agreement with the City. Under the terms of this agreement, responsibility for capital improvements is shared between the two agencies.

Specifically, the Lease Agreement requires the City to solicit bids for capital improvement projects. Upon mutual agreement between the City and the County regarding the scope and cost of the work, the County is responsible for funding the approved project, and the City is responsible for scheduling and executing the work.

The exterior of the library has reached a point where repainting is necessary to preserve the building, maintain aesthetic quality, and protect the City’s asset.

Discussion:

Staff has coordinated with the County of Orange Community Resources Department regarding the need to repaint the exterior of the facility. The County has agreed to fund the project, contingent upon the City completing the required bid process and administering the work.

In accordance with the Lease Agreement, staff will solicit at least three competitive bids for the project. Upon confirmation of pricing within the approved funding amount and concurrence from the County, the City will proceed with scheduling and completing the repainting work.

This approach ensures compliance with the Lease Agreement while maintaining local control over project delivery and timelines.
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Meeting Date: May 5, 2026 Agenda Item: 11I.

CITY OF SAN CLEMENTE 2
The requested supplemental appropriation is necessary to establish both the expenditure authority and corresponding revenue within the Capital Improvement Library Fund. There is no net fiscal impact to the City, as all project costs will be reimbursed by the County.

Considerations Identified by Staff:
 The project is required to maintain the condition and longevity of the City-owned library facility.
 The Lease Agreement clearly defines the roles and responsibilities of both the City and County for capital improvements.
 The County has agreed to fully fund the project, subject to mutual agreement on bids received.
 Timely completion of the work will prevent further deterioration and potential cost escalation.

Council Options:
 Adopt Resolution No. 26-84, approving the supplemental appropriation and accepting the funds from the County, authorizing staff to proceed with the project.  Provide alternate direction to staff.
 Take no action.

Environmental Review/Analysis:

The proposed project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Class 1 – Existing Facilities), as the work consists of maintenance of an existing public facility involving negligible or no expansion of use.

Fiscal Impact:

Approval of the recommended action will result in a supplemental appropriation of $56,865 to the Maintenance of Buildings Fund, fully offset by revenue received from the County of Orange Community Resources/Library Services. There is no net impact on the City’s General Fund.

Recommended Action(s):
..recommendation
Staff Recommendation
Staff recommends that the City Council adopt Resolution No. 26-84, which will:

1. Find the project categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Class 1 – Existing Facilities) of the state CEQA Guidelines; and

2. Approve a supplemental appropriation in the amount not to exceed $56,865 to Account No. 001-622-43410-000-000000 (Maintenance of Buildings); and 661
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CITY OF SAN CLEMENTE 3

3. Accept revenue in the same amount to Account No. 001-000-36855 from the County of Orange; and

4. Authorize staff to proceed with the bidding and implementation of the library exterior repainting project.
..end
Attachment:

1. Resolution No. 26-84
Notification:

None
662
Attachment 1
RESOLUTION NO. 26-84

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, APPROVING A

SUPPLEMENTAL APPROPRIATION AND ACCEPTANCE OF

FUNDS FROM THE COUNTY OF ORANGE FOR THE

LIBRARY EXTERIOR REPAINTING PROJECT
WHEREAS, the City of San Clemente (“City”) owns the San Clemente Library facility, which is operated by the County of Orange (“County”) pursuant to a Lease Agreement; and WHEREAS, the Lease Agreement provides that the City shall obtain a minimum of three bids for capital improvement projects, and upon mutual agreement between the City and County, the County shall fund such improvements and the City shall schedule and execute the work; and
WHEREAS, the exterior of the library facility requires repainting in order to preserve the building, maintain its appearance, and protect the City’s asset; and WHEREAS, the County of Orange Community Resources Department has agreed to fund the repainting project, subject to the City completing the required bid process and mutual agreement on the scope and cost of the work; and WHEREAS, a supplemental appropriation is required to establish the necessary expenditure authority and to recognize the corresponding revenue associated with the project.

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

SECTION 1. Based on a review of the record as a whole, the City Council finds that the repainting of the existing facility is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Class 1 – Existing Facilities), as it involves maintenance of an existing public facility with no expansion of use.

SECTION 2. The City Council hereby approves a supplemental appropriation in the amount not to exceed $56,865 to Account No. 001-622-43410-000-00000 (Maintenance of Buildings) and accepts revenue in the same amount from the County of Orange to Account No. 001-000-36855.

SECTION 3. The City Council hereby authorizes staff to solicit bids in accordance with the Lease Agreement and, upon concurrence with the County, to schedule and execute the library exterior repainting project.

SECTION 4. The City Council hereby authorizes the City Manager, or designee, to take any and all other actions necessary and proper to implement this resolution and complete the project.
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Resolution No. 26-84 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. 26-84 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
664
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: May 5, 2026 Agenda Item: 11J.

Submitted By: Community Development
Prepared By: Araceli Mejia, Assistant Planner
Subject:
..titl e

CONSIDERATION OF A RESOLUTION TO APPROVE AN AFFORDABLE HOUSING AGREEMENT WITH SAN CLEMENTE PETROLEUM, INC. INCLUDING AN ANNUAL

MONITORING FEE, FOR THE RENTAL OF A SINGLE HOUSING UNIT WITHIN A MIXED-USE

DEVELOPMENT PROJECT PREVIOUSLY APPROVED PURSUANT TO STATE DENSITY BONUS LAW, WITHIN THE HOUSING OVERLAY, ON A SITE LOCATED AT 1430 S. EL CAMINO REAL; AND FINDING THE PROJECT EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT (CEQA) UNDER STATE CEQA GUIDELINES SECTION 15378 ..body
..body
Summary:

The City Council is being asked to consider a Resolution to approve an Affordable Housing Agreement associated with a previously approved mixed-use development, ensuring the longterm provision of one on-site affordable unit in compliance with State Density Bonus Law and the City’s Housing Element requirements. The agreement establishes enforceable affordability restrictions, income eligibility standards, and monitoring provisions, while also addressing applicable in-lieu fee obligations tied to inclusionary housing requirements.

Background:

The Housing Overlay permits qualified affordable housing development projects by right, provided they meet the requirements outlined in Zoning Code Section 17.56.090. At the site where the subject affordable housing agreement would apply, the Planning Commission approved a large mixed-use development project through Resolution No. PC 23-001 on January 18, 2023. This Resolution established various conditions of approval, including conditions that require the applicant to enter into an Affordable Housing Agreement with the City, which would be satisfied by the recommended action. Resolution No. PC 23-001, the Planning Commission staff report provided for this project, and the Planning Commission Meeting Minutes of January 18, 2023, are provided as Attachments 2, 3, and 4, respectively.

Discussion:

The previously approved project is a mixed-use development including ground floor commercial spaces fronting on South El Camino Real, with ten (10) residential units above, totaling 16,864 square feet of interior space, with 25 corresponding parking stalls. The project received entitlements by the City including a conditional use permit, a site plan permit, and a cultural heritage permit.

California Density Bonus Law requires cities to provide zoning concessions and waivers to qualifying developments. This project required a concession to reduce the alley transitional 665
Meeting Date: May 5, 2026 Agenda Item: 11J.

CITY OF SAN CLEMENTE 2
setback to accommodate upper floor balconies. In exchange for that concession and allowance for more density than would otherwise be allowed by the Zoning Code, the applicant agreed to provide one affordable housing unit at a low-income level, to be restricted for rent to individuals qualifying as “low-income”, meaning their income is between 51% and 80% of the Orange County area median income (“AMI”), consistent with Density Bonus Law and the applicable density/income tables.

Separately from the Density Bonus Law, the City’s Housing Element requires developers of six or more units to set aside four percent of the total number of units for households earning 50% or less of the AMI (“very low income”). This requirement can be satisfied on site or through the payment of an in-lieu fee. This project provides a “low-income” unit (51-80% AMI) on-site but not a “very-low income” (50% or less AMI) unit. Therefore, the in-lieu fee will apply and was incorporated as a condition of approval to comply with the requirements of the City’s Housing Element. Staff calculated this fee to be $95,267 using the Housing Element’s Appendix D guidelines. That fee will be deposited into the City’s inclusionary housing fund, which is maintained to support development of future affordable housing projects.

Considerations Identified by Staff:

The previously approved project is allowed in the MU3.2 Zoning District. California law requires every qualified affordable housing development project, or projects receiving density bonuses, or projects subject to inclusionary housing requirements, to have a legally binding agreement between the applicant and the City, which shall be binding on all future owners and successors in interest. The Agreement must be executed and recorded against the property prior to issuance of building permits to ensure the requirements of these sections are satisfied.

The purpose of the Agreement is to satisfy the requirements of California Government Code Sections 69515 (Density Bonuses and Other Incentives) and San Clemente Municipal Code (SCMC) Sections 17.56.090 F and 17.24.120, and to regulate and restrict the occupancy, rents, operation and management of the property and the project for affordable housing and related uses. The term of agreement for the designated on-site unit to remain affordable for low-income households is 55 years. Recordation of this agreement binds the project applicant and any future property owner to provide an affordable housing unit and pay the in-lieu fee of $95,267 prior to issuance of building permits.

Council Options:
 Adopt the proposed Resolution No. 26-85, Attachment 1, approving the affordable housing agreement, provided as Exhibit A of the Resolution.
 Direct staff to make changes to the resolution and/or agreement.  Continue the item for further discussion or modifications.

Environmental Review/Analysis:

The Planning Division completed an initial environmental assessment of the project per the California Environmental Quality Act (CEQA). Staff recommends the City Council determine the project qualifies under the commonsense exemption as the Affordable Housing Agreement is not 666
Meeting Date: May 5, 2026 Agenda Item: 11J.

CITY OF SAN CLEMENTE 3
considered a “project” as defined by the State CEQA Guidelines Section 15378, because the action will not result in direct or indirect physical changes in the environment, and therefore does not constitute a “project” as defined by the State CEQA Guidelines (Cal. Code Regs., title 14, § 15000 et seq.).

Fiscal Impact:

There is minimal fiscal impact by approving this resolution. The proposed Affordable Housing Agreement contains a monitoring fee of $80 per restricted unit per year, to increase by 3% over the prior year. Alternatively, the owner may submit the monitoring fee in a lump sum of $4,400 within ninety (90) days of the effective date. The total fees collected will be utilized to cover staff costs in ensuring annual compliance of the affordable housing project and do not exceed the anticipated costs of providing the monitoring services over the affordability period.

Recommended Action:
..recommendation
Staff Recommendation
STAFF RECOMMENDS THAT the City Council Adopt Resolution No. 26-85, which would:

1. Determine the agreement exempt from CEQA, and direct staff to file a notice of exemption; and

2. Approve the Affordable Housing Agreement with San Clemente Petroleum, Inc. included as Exhibit A; and

3. Authorize the City Manager to execute necessary agreements. ..end
Attachments:

1. Resolution No. 26-85
Exhibit A - Affordable Housing Agreement

2. Planning Commission Resolution No. 23-001

3. Planning Commission Staff Report for January 18, 2023

4. Planning Commission Regular Meeting Minutes for January 18, 2023 Notification:

San Clemente Petroleum, Inc...recommendati on..end
667
Attachment 1
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, APPROVING AN

AFFORDABLE HOUSING AGREEMENT WITH SAN
CLEMENTE PETROLEUM, INC., INCLUDING AN ANNUAL

MONITORING FEE, FOR THE RENTAL OF A SINGLE

HOUSING UNIT WITHIN A MIXED-USE DEVELOPMENT

PROJECT PREVIOUSLY APPROVED PURSUANT TO

STATE DENSITY BONUS LAW, WITHIN THE HOUSING
OVERLAY, ON A SITE LOCATED AT 1430 S. EL CAMINO
REAL; AND FINDING THE PROJECT EXEMPT FROM THE

CALIFONRIA ENVIRONMENTAL QUALITY ACT (CEQA)
UNDER STATE CEQA GUIDELINES SECTION 15378
WHEREAS, the provision of affordable housing is a contribution to an unmet housing need, making progress towards the City housing goals in the City’s Housing Element, adopted by the City on September 20, 2022 and certified by the State Department of Housing and Community Development on October 12, 2022; and WHEREAS, the City delegates the authority to engage in negotiations with property owners to enter into affordable housing agreements for the establishment an operation of qualified affordable residential housing that fulfill goals of City’s Housing Element and requirements of State law; and
WHEREAS, the San Clemente Petroleum Inc., owner of property at 1430 S. El Camino Real (Assessor’s Parcel numbers 692-171-18 and 692-171-19) [“Property”], desires to develop a residential mixed-use building, including 10 apartment units (with one apartment unit being affordable at the low-income level, to be restricted for rent to individuals qualifying as low income, at 51-80% area median income [AMI] level) within a building totaling about 17,00 square feet of retail/office space with 23 corresponding parking stalls, within the Housing Overlay District in the City of San Clemente; and WHEREAS, affordable housing projects are a permitted use in the Housing Overlay if the requirements of San Clemente Municipal Code Section 17.56.090 are met; WHEREAS, San Clemente Municipal Code (“SCMC”) Section 17.56.090.F requires every qualified affordable housing project within the Housing Overlay to have a legally binding agreement between the applicant and the City executed and recorded against the property on which the qualified affordable housing project is to be developed prior to issuance of building permits to ensure that the requirements of SCMC Chapter 17.56 are satisfied, which agreement shall be binding on all future owners; and WHEREAS, the purpose of the agreement is to satisfy the requirements of SCMC Section 17.56.090.F and to regulated and restrict the occupancy, rents, operation, and management of the affordable housing unit; and
668
Resolution No. Page 2
WHEREAS, California Government Code section 65915.3 allows the city to charge a monitoring fee unless all the statutory conditions are met, including under Government Code section 65915 (b)(1)(G); and
WHEREAS, the project does not meet the statutory requirements that would preclude the City from charging a monitoring fee and the monitoring fee included in the affordable housing agreement does not exceed the expected cost to the City of the monitoring services over the affordability period; and
WHEREAS, the affordable housing agreement is beneficial to the City and the public, in that the agreement provides for the rental of a qualified affordable residential rental housing development to a qualifying household; and
WHEREAS, on May 5, 2026, the City Council reviewed and considered testimony of City staff, the applicant and property owner, and other interested parties.

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

SECTION 1. Incorporation of Recitals.

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

SECTION 2. CEQA Findings.

The project qualifies under the commonsense exemption as the Affordable Housing Agreement is not considered a “project” as defined by the State CEQA Guidelines Section 15378, because the action will not result in direct or indirect physical changes in the environment, and therefore does not constitute a “project” as defined by the State CEQA Guidelines (Cal. Code Regs., title 14, § 15000 et seq.).

SECTION 3. The affordable housing agreement with San Clemente Petroleum Inc. is hereby approved.

SECTION 4. The City Manager, or the City Manager’s designee, is hereby authorized and directed to execute the affordable housing agreement with San Clemente Petroleum Inc. in a form substantially similar to that presented to the City Council on May 5, 2026.

SECTION 5. Certification.

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

ATTEST:
___________________________ __________________________
City Clerk of the City of Rick Loeffler, Mayor of the City of San Clemente, California San Clemente, California
669
Resolution No. Page 3

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNALO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. _________ 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:

EXHIBIT A
4818-8946-3213.2

RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:

City of San Clemente
910 Calle Negocio
San Clemente, CA 92673
Attn: City Clerk

NO FEE REQUIRED PER GOVT CODE
SECTION 27383
(Space above for Recorder’s use only)
APN: 060-031-44

AFFORDABLE HOUSING REGULATORY AGREEMENT AND

DECLARATION OF RESTRICTIVE COVENANTS
(City of San Clemente)
This Affordable Housing Regulatory Agreement and Declaration of Restrictive Covenants (the “Agreement”) dated for reference purposes as of ________, 2026, is executed by and between the City of San Clemente, a municipal corporation (“City”) and San Clemente Petroleum, Inc., a California corporation (the “Owner”).

RECITALS
A. Owner owns fee title to the land at 1430 S. El Camino Real in the City of San Clemente, further described in Exhibit A attached hereto and incorporated herein by this reference (the “Property”).

B. The Property is located use within the Mixed Use 3.2 Zoning District the Housing Overlay District (MU3.2-H) in the City of San Clemente in Orange County, California.

C. Owner desires to develop the Property for the purpose of a commercial and residential mixed-use building, including 10 apartment units (with one being affordable at the low-income level, to be restricted for rent to individuals qualifying as low income, at 51-80% area median income [AMI] level) totaling about 17,000 square feet of interior space, with 25 corresponding parking stalls; and about 7,000 square feet of retail/office space with 23 corresponding parking stalls (the “Project”). The Project was approved by the Planning Commission of the City of San Clemente through Resolution 23-001 on January 18, 2023, which required various conditions of approval (COA) including the approval of an Affordable Housing Implementation Plan and Agreement under COA 4.3.

D. The project is an allowed use within the MU3.2-H Zoning District.

E. California Government Code Section 69515 (Density Bonuses and Other Incentives) and San Clemente Municipal Code (SCMC) Sections 17.56.090.F and 17.24.120 671
Last one Calvada Affordable Housing Agreement.rev.Feb. 24, 2026 4937- 2226-7035 v.1.docx 2 (Housing Overlay and Inclusionary Housing Requirements, respectively) require every qualified affordable housing project, or projects receiving density bonuses, or projects requiring inclusionary housing, to have a legally binding agreement between the applicant and the City executed and recorded against the property on which the qualified affordable housing project is to be constructed prior to issuance of building permits to ensure that the requirements of these Sections are satisfied, which agreement shall be binding on all future owners and successors in interest.

F. The purpose of this Agreement is to satisfy the requirements of California Government Code Section 69515 (Density Bonuses and Other Incentives) and San Clemente Municipal Code (SCMC) Sections 17.56.090.F and 17.24.120 and to regulate and restrict the occupancy, rents, operation and management of the Property and the Project for affordable housing and related uses. The Parties intend the covenants set forth in this Agreement to run with the land and to be binding upon Owner and Owner’s successors and assigns in the Project and the Property for the full term of this Agreement.

NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Owner and the City hereby agree as follows:

1. Definitions. The following terms have the meanings set forth in this Section wherever used in this Agreement or attached exhibits.
“Actual Household Size” means the actual number of persons in the applicable household.
“Adjusted for Family Size Appropriate for the Unit” shall be determined consistent with Section 50052.5(h) of the California Health and Safety Code, subject to the application of federal rules and regulations applicable to Project financing sources, including Section 42(g)(2) of the Internal Revenue Code of 1986 as amended (or successor provision) if applicable to the Project.
“Affordable Rent” means a monthly rent less a utility allowance and other fees and charges required to be paid by tenants of the Project on a non-optional basis: (i) for units that are restricted for rental to households with incomes of not more than thirty percent (30%) of AMI (“30% Units”), a monthly rent that does not exceed one-twelfth of thirty percent (30%) of thirty percent (30%) of Area Median Income, Adjusted for Family Size Appropriate for the Unit, (ii) for units that are restricted for rental to households with incomes of not more than fifty percent (50%) of AMI (“50% Units”), a monthly rent that does not exceed one-twelfth of thirty percent (30%) of fifty percent (50%) of Area Median Income, Adjusted for Family Size Appropriate for the Unit, and (iii) for units that are restricted for rental to households with incomes of not more than eighty percent (80%) of AMI (“80% Units”), a monthly rent that does not exceed onetwelfth of thirty percent (30%) of eighty percent (80%) of Area Median Income, Adjusted for Family Size Appropriate for the Unit.
“Applicable Requirements” means all applicable California, federal, and City laws, ordinances, statutes, rules, regulations and program requirements, including, but not limited to 672
Last one Calvada Affordable Housing Agreement.rev.Feb. 24, 2026 4937- 2226-7035 v.1.docx 3 those of TCAC and HUD.
“Area Median Income” or “AMI” means the median income for Orange County, California, as determined by HUD pursuant to Section 8 of the United States Housing Act of 1937 and as published from time to time by the State of California Department of Housing and Community Development (“HCD”) in Section 6932 of Title 25 of the California Code of Regulations or successor provision.
“City” means the City of San Clemente, California.
“Effective Date” means the date that this Agreement is recorded in the Official Records. “Emergency Shelter” shall have the same meaning as set forth in SCMC section

17.56.100(F)(1).
“Extremely Low Income Household” means a household whose household Gross Income at initial occupancy does not exceed thirty percent (30%) of the Area Median Income Adjusted for Actual Household Size.
“Gross Income” means the total anticipated annual income of all persons in a household calculated using the methods set forth in TCAC regulations, or if TCAC regulations do not address such matter, the total anticipated annual income of all persons in a household as defined in 24 CFR

5.609.
“HUD” means the U.S. Department of Housing and Urban Development. “Indemnitees” is defined in Section 7.
“Improvements” means renovations to the interior of the building, including the addition of kitchenettes, re-configuration of manager’s unit to create an additional tenant unit and office space, and cosmetic upgrades such as flooring, paint and window coverings. “Long-term” means a period of thirty (30) or more consecutive calendar days of occupancy pursuant to a written agreement.
“Low Income Household” means a household whose household Gross Income at initial occupancy does not exceed eighty percent (80%) of the Area Median Income Adjusted for Actual Household Size.
“Official Records” means the Official Records of the Orange County Clerk-Recorder. “Owner” means San Clemente Petroleum, Inc., a California corporation and its successors and assigns.
“Project” is defined in Recital C.
673
Last one Calvada Affordable Housing Agreement.rev.Feb. 24, 2026 4937- 2226-7035 v.1.docx 4 “Property” is defined in Recital A
“Qualifying Household” means a household experiencing literal homelessness, or at-risk of homelessness, with an active tenant-based housing Voucher, as the term “Voucher” is defined herein, or that qualifies as an Extremely Low Income Household, a Very Low Income Household or a Low Income Household.
“TCAC” means the California Tax Credit Allocation Committee. “Term” is defined in Section 4.
“Very Low Income Household” means a household whose household Gross Income at initial occupancy does not exceed fifty percent (50%) of the Area Median Income Adjusted for Actual Household Size.
“Voucher” means tenant-based rental/housing assistance provided through a public housing authority, based on the determination of the housing authority that the individual or family qualifies under an applicable County-provided program’s eligibility category, which must include household income thresholds that meet, or are more restrictive than, those contained in the definitions of Extremely Low Income Household, Very Low Income Household, or Low Income Household, as those terms are defined herein. Upon termination of available housing authority voucher programs, this definition shall include State of California voucher programs that contain similar criteria to the public housing authority voucher programs, as described in this definition.

2. Compliance with Requirements and Regulations. Owner shall comply with all Applicable Requirements and all applicable California, federal, and City laws, ordinances, statutes, rules, regulations and program requirements, with the exception of development standards allowed to deviate from City ordinances due to application of waivers or concessions requested and approved pursuant to State Housing Laws, which include, the permitted incentive/concession to reduce the alley transitional setback and the Urban Open Area and related landscape coverage standards per the State Density Bonus law, as approved by the San Clemente Planning Commission through the adoption of Resolution No. 23-001 on January 18, 2023.

3. Use and Affordability Restrictions. Owner agrees that, at all times during the Term of this Agreement, the Property will maintain an affordable unit per Applicable Requirements and this Agreement. Throughout the Term, a minimum of one (1) residential unit in the Project shall be occupied, or if vacant, available for occupancy, by Qualifying Households at Affordable Rents. Throughout the Term, the qualifying housing unit in the Project shall be reserved for households earning no greater than eighty percent (80%) of Orange County Median Income by household size. Throughout the Term, Owner agrees that operating an Emergency Shelter on the Property is prohibited. Notwithstanding any contrary provision of this Agreement, if other Project lenders, Project investors, or regulatory agencies require stricter household income eligibility or affordability requirements than those imposed hereby, the stricter requirements pertaining to rent limitations, income limits, and occupancy requirements applicable shall prevail during such time that such requirements apply to the Project. 674
Last one Calvada Affordable Housing Agreement.rev.Feb. 24, 2026 4937- 2226-7035 v.1.docx 5 4. Term of Agreement. The Term of this Agreement will commence on the Effective Date and shall continue in effect until the fifty-fifth (55th) yearly anniversary of the Effective Date.

5. Tenant Selection. Owner shall adopt written tenant selection policies that: (a) are reasonably related to program eligibility and the applicant’s ability to perform the obligations of the lease; (b) are consistent with the purpose of providing housing for Qualifying Households; and (c) provide for prompt written notification to any rejected applicant of the grounds for rejection. To the extent permitted by Applicable law, Owner shall give a preference in the rental of the residential units restricted under this Agreement to applicants who are 1) confirmed to have resided in San Clemente for the previous twelve (12) months and 2) residing in South Orange County.

6. Indemnification. To the greatest extent permitted by law, Owner shall indemnify, defend (with counsel approved by City) and hold the City and its elected and appointed officers, officials, employees, agents, consultants, contractors and representatives (collectively, the “Indemnitees”) harmless from and against all liability, loss, cost, expense (including without limitation attorneys’ fees and costs of litigation), claim, demand, action, suit, judicial or administrative proceeding, penalty, deficiency, fine, order, and damage (all of the foregoing collectively “Claims”) arising from or related to the Project, any Project approval (including but not limited to any environmental determination), this Agreement, or Owner’s employees’, agents’, contractors’, subcontractors’ or volunteers’ failure to comply with applicable legal requirements or this Agreement. This indemnity obligation shall not extend to any Claims arising solely from the gross negligence or willful acts of the Indemnitees. The indemnity provisions of this paragraph shall apply whether or not any insurance policies have been determined to be applicable to any such Claims, and shall survive the expiration or other termination of this Agreement.

7. Fair Housing; Nondiscrimination. Owner shall comply with all applicable fair housing and civil rights requirements with respect to the marketing, rental, and operation of the Project, including the obligations to affirmatively further fair housing and adhere to the site selection and neighborhood standards set forth in 24 CFR §§ 1.4(b)(3) and 941.202, as applicable. Owner shall not restrict the rental, sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Property, the Project, or any portion thereof, on the basis of race, color, religion, creed, sex, sexual orientation, gender identity, disability, marital status, ancestry, or national origin of any person. Owner covenants for itself and all persons claiming under or through it, and this Agreement is made and accepted upon and subject to the condition that there shall be no discrimination against or segregation of any person or group of persons on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Property or part thereof, nor shall Owner or any person claiming under or through Owner establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in, of, or for the Property or part thereof.

Owner shall include such provision in all deeds, leases, contracts and other instruments executed 675
Last one Calvada Affordable Housing Agreement.rev.Feb. 24, 2026 4937- 2226-7035 v.1.docx 6 by Owner, and shall enforce the same diligently and in good faith. Owner shall include a statement in all advertisements, notices and signs for the availability of units for rent to the effect that Owner is an Equal Housing Opportunity Provider.

8. Federal Accessibility Requirements. Owner shall comply with all applicable federal accessibility requirements under the Fair Housing Act and the implementing regulations at 24 CFR Part 100, Section 504 of the Rehabilitation Act of 1973 and the implementing regulations at 24 CFR Part 8, and Titles II and III of the Americans with Disabilities Act and the implementing regulations at 28 CFR Parts 35 and 36, respectively.

9. Income Certification. Owner or Owner’s authorized agent shall obtain from each household prior to initial occupancy of each restricted unit, and on every anniversary thereafter, a written certificate containing all of the following in such format and with such supporting documentation as City may require:
(a) The identity of each household member; and
(b) The total household gross income.

Owner shall retain such certificates for not less than five (5) years, and upon City’s request, shall provide copies of such certificates to City and make the originals available for City inspection.

10. Rental Charges. Total charges for rent, utilities and related services for each unit in the Project shall not exceed the Affordable Rent for the unit. If upon recertification, a tenant’s income exceeds the Qualifying Household limit for the applicable unit type, Owner may increase the rent for such tenants to no more than 30% of the tenant’s monthly income less utility and other mandatory charges.

11. Parking. The Project includes 49 parking spaces of which 24 parking spaces are identified for use of the 10 residential units and their guests and the remaining 25 spaces are identified for use of the commercial portion of the Project.

12. Management Responsibilities. Owner is responsible for all management functions with respect to the Project, including, without limitation, the selection of tenants, certification and recertification of household size and income, evictions, collection of rents and deposits, maintenance, landscaping, routine and extraordinary repairs, replacement of capital items, and security. Property management shall also monitor the use of parking spaces within the development to assure that the parking spaces are provided, maintained and used in accordance with the terms of this Agreement. The City shall have no responsibility over management of the Property or the Project.

13. Review of Management Policies and Marketing Plan and Resident Services Plan. If not previously provided, not later than ninety (90) days following the Effective Date of this Agreement, Owner shall submit for City review and approval, a plan for marketing and managing the Property (“Marketing and Management Plan”). The Marketing and Management Plan shall address in detail how Owner plans to market the Project to prospective Qualified Households in accordance with fair housing laws, the Owner’s tenant selection criteria, and how Owner plans to certify the eligibility of Qualifying Households. The Plan shall also describe the management team and shall address how Owner and the management entity plan to 676
Last one Calvada Affordable Housing Agreement.rev.Feb. 24, 2026 4937- 2226-7035 v.1.docx 7 manage and maintain the Property and the Project. The Plan shall include the proposed management agreement and the form of rental agreement that Owner proposes to enter into with Project tenants. The Plan shall also address how Owner and the management entity will monitor the use of parking spaces within the Project to assure that the parking spaces are provided, maintained and used in accordance with the terms of this Agreement. Owner shall abide by the terms of the Marketing and Management Plan in marketing, managing, and maintaining the Property and the Project, and throughout the term of this Agreement, shall submit proposed modifications to City for review and approval, such approval not to be unreasonably withheld, conditioned or delayed.

14. Repair, Maintenance and Security. Throughout the term of this Agreement, Owner shall at its own expense, maintain the Property and the Project in good physical condition, in good repair, and in decent, safe, sanitary, habitable and tenantable living conditions in conformity with all applicable state, federal, and local laws, ordinances, codes, and regulations. Without limiting the foregoing, Owner agrees to maintain the Project and the Property (including without limitation, the residential units, common areas, meeting rooms, landscaping, driveways, parking areas and walkways) in a condition free of all waste, nuisance, debris, unmaintained landscaping, graffiti, disrepair, abandoned vehicles/appliances/bicycles, and illegal activity, and shall take all reasonable steps to prevent the same from occurring on the Property or at the Project. Owner shall prevent and/or rectify any physical deterioration of the Property and the Project and shall make all repairs, renewals and replacements necessary to keep the Property and the improvements located thereon in good condition and repair. Owner shall provide adequate security measures for the Project, including without limitation, the installation of adequate lighting and deadbolt locks.

15. City’s Right to Perform Maintenance. In the event that Owner breaches any of the covenants contained in Section 15, and such default continues for a period of ten (10) days after written notice from City (with respect to graffiti, debris, and waste material) or thirty (30) days after written notice from City (with respect to landscaping, building improvements and general maintenance), then City, in addition to any other remedy it may have under this Agreement or at law or in equity, shall have the right, but not the obligation, to enter upon the Property and perform all acts and work necessary to protect, maintain, and preserve the improvements and the landscaped areas on the Property. All costs expended by City in connection with the foregoing, shall constitute an indebtedness secured by the Deed of Trust, and Owner shall pay such sums to City upon demand. All such sums remaining unpaid thirty (30) days following delivery of City’s invoice therefor will bear interest at the lesser of 10% per annum or the highest rate permitted by applicable law.

16. Fees, Taxes, and Other Levies. Owner shall be responsible for payment of all fees, assessments, taxes, charges, liens and levies applicable to the Property or the Project, including without limitation possessory interest taxes, if applicable, imposed by any public entity, and shall pay such charges prior to delinquency. Owner shall not be required to pay any such charge so long as (a) Owner is contesting such charge in good faith and by appropriate proceedings, (b) Owner maintains reserves adequate to pay any contested liabilities, and (c) on final determination of the proceeding or contest, Owner immediately pays or discharges any decision or judgment rendered against it, together with all costs, charges and interest. The foregoing is 677
Last one Calvada Affordable Housing Agreement.rev.Feb. 24, 2026 4937- 2226-7035 v.1.docx 8 not intended to impair Owner’s ability to apply for any applicable exemption from property taxes or other assessments and fees.

17. Insurance Coverage. Intentionally Omitted.

18. Inspection and Records. Owner shall maintain records that clearly document Owner's performance of its obligations to operate the Property and the Project in accordance with this Agreement. Owner shall submit any records to the City within ten (10) business days of the City's request. Owner shall permit the City to enter and inspect the Property and the Project for compliance with obligations under this Agreement upon seventy-two (72) hours advance notice delivered to Owner or Owner's management agent and to the tenants of any residential units that will be inspected.

19. Annual Report. By not later than April 30 of each year, Owner shall submit to the City a report for the preceding calendar year showing the information necessary to allow the City to determine Owner's compliance with this Agreement, and within thirty (30) days after receipt of a written request, Owner shall provide any other information or completed forms requested by the City in order to comply with the reporting requirements of the City. Without limiting the generality of the foregoing, the annual report submitted by Owner pursuant to this Section shall at a minimum, include the following information for each dwelling unit in the Project: (i) unit number; (ii) number of bedrooms; (iii) current rent and other charges; (iv) dates of any vacancies during the previous year; (v) number of people residing in the unit; (vi) total household income of the residents in each unit; (vii) documentation of source of household income; (viii) lease commencement and termination dates, (ix) initial move-in date, and (x) the identity of each household member and the age of each household member or other basis upon which each household member qualifies for occupancy in permanent supportive housing.

20. Monitoring Fee. Following completion of construction of the Project, as evidenced by City’s issuance of a final certificate of occupancy or equivalent, Owner shall be obligated to pay to City an annual fee (the “Affordable Housing Monitoring Fee”) in the amount of $80 per restricted unit. The Affordable Housing Monitoring Fee is payable annually on the same date that the Annual Report is due pursuant to Section 18 above. City shall have the right to file a lien against the Project if the Affordable Housing Monitoring Fee is not paid when due and remains unpaid thirty (30) days following the date that City provides written notice of the delinquency. The Affordable Housing Monitoring Fee will increase annually by three percent (3%) over the prior year. Alternatively, the Owner may submit the monitoring fee in a lump sum of $4,400 within 90 days of the Effective Date which shall fulfill the monitoring fee obligation and remove the annual burden of compliance.

21. Recordation; No Subordination. This Agreement shall be recorded in the Official Records of Orange County against the Property. Owner hereby represents, warrants and covenants that with the exception of easements of record, absent the written consent of City, this Agreement shall not be subordinated in priority to any lien (other than those pertaining to taxes or assessments), encumbrance, deed of trust, or other interest in the Property or the Project. If at the time this Agreement is recorded, any interest, lien, or encumbrance has been recorded against the Project in position superior to this Agreement, upon the request of City, Owner hereby 678
Last one Calvada Affordable Housing Agreement.rev.Feb. 24, 2026 4937- 2226-7035 v.1.docx 9 covenants and agrees to promptly undertake all action necessary to clear such matter from title or to subordinate such interest to this Agreement consistent with the intent of and in accordance with this Section 21, and to provide such evidence thereof as City may request.

22. Default and Remedies; Lender Cure Rights. In the event of any breach of any agreement or obligation under this Agreement by Owner, the City shall provide written notice to Owner and Lender of such breach. Owner and Lender shall have an opportunity to cure such breach within thirty (30) days from Owner's and Lender’s receipt of such written notice or such longer period of time as the City determines is necessary to cure the breach if Owner or Lender diligently undertakes to cure such breach. If Owner fails to complete a timely cure of the specified breach, the City may proceed with any remedy provided under the City Documents or allowed by law or in equity to enforce the terms of this Agreement. A cure by the Lender shall be accepted or rejected on the same basis as if made or tendered by Owner. City shall provide a copy of any notice of default hereunder to the Lender, if any, or to such other address provided to the City in writing, concurrently with the provision of such notice to Owner.

23. Effectiveness Succeeds Conveyance of Property and Repayment of Loans. This Agreement will remain effective and fully binding for the full term hereof regardless of (i) any sale, assignment, transfer, or conveyance of the Project or the Property, or any part thereof or interest therein, (ii) any payment, prepayment or extinguishment of the Loan or the Note, if any, or (iii) any reconveyance of the Deed of Trust, if any.

24. Binding Upon Successors; Covenants to Run with the Land. Owner hereby subjects its interest in the Property and the Project to the covenants and restrictions set forth in this Agreement. The City and Owner hereby declare their express intent that the covenants and restrictions set forth herein shall be deemed covenants running with the land and shall be binding upon and inure to the benefit of the heirs, administrators, executors, successors in interest, transferees, and assigns of Owner and City, regardless of any sale, assignment, conveyance or transfer of the Property, the Project or any part thereof or interest therein. Any successor-ininterest to Owner, including without limitation any purchaser, transferee or lessee of the Property or the Project (other than the tenants of the individual dwelling units within the Project) shall be subject to all of the duties and obligations imposed hereby for the full term of this Agreement.

Each and every contract, deed, ground lease or other instrument affecting or conveying the Property or the Project or any part thereof, shall conclusively be held to have been executed, delivered and accepted subject to the covenants, restrictions, duties and obligations set forth herein, regardless of whether such covenants, restrictions, duties and obligations are set forth in such contract, deed, ground lease or other instrument. Owner agrees for itself and for its successors that in the event that a court of competent jurisdiction determines that the covenants herein do not run with the land, such covenants shall be enforced as equitable servitudes against the Property and the Project in favor of City.

25. Reconveyance. Upon the termination of this Agreement, the Parties agree to execute and record appropriate instruments to release and discharge this Agreement; provided, however, the execution and recordation of such instruments shall not be necessary or a prerequisite to the termination of this Agreement upon the expiration of the term. 679
Last one Calvada Affordable Housing Agreement.rev.Feb. 24, 2026 4937-2226-7035 v.1.docx 10 26. Miscellaneous.

26.1 Amendments. This Agreement may be amended or modified only by a written instrument signed by both Parties and recorded in the Official Records of Orange County.

26.2 Governing Law; Venue. This Agreement shall be interpreted under and be governed by the laws of the State of California, except for those provisions relating to choice of law and those provisions preempted by federal law. Any action to enforce or interpret this Agreement shall be filed and heard in the Superior Court of Orange County, California. Owner waives any rights that it may have under California Code of Civil Procedure §394.

26.3 Attorneys' Fees and Costs. In the event that any legal or administrative action is commenced to interpret or to enforce the terms of this Agreement, the prevailing party in any such action shall be entitled to recover all reasonable attorneys' fees and costs incurred in such action.

26.4 Consents and Approvals. Any consent or approval of the City required under this Agreement may be provided by the City Manager of the City or his or her designee unless the City Manager determines that the matter requires approval by the City Council.

26.5 Notices. Notices delivered pursuant to this Agreement shall be delivered by registered or certified mail, postage prepaid, return receipt requested, or delivered personally, to the principal offices of Owner and the City as follows:

CITY:

OWNER:

City of San Clemente
910 Calle Negocio
San Clemente, CA 92673
Attn: City Manager
San Clemente Petroleum, Inc.
10642 Katella Ave
Anaheim, CA 92804
Attn: Shawn Danesh, CEO

26.6 Relationship of the Parties. Nothing in this Agreement is intended to or shall establish the Parties as partners, co-venturers, or principal and agent with one another. The relationship of Owner and City shall not be construed as a joint venture, equity venture, partnership or any other relationship. City neither undertakes nor assumes any responsibility or duty to Owner (except as expressly provided in this Agreement) or to any third party with respect to the Project. Owner shall have no authority to act as an agent of City or to bind City to any obligation.

26.7 No Third Party Beneficiaries. There are no third party beneficiaries under this Agreement.
680
Last one Calvada Affordable Housing Agreement.rev.Feb. 24, 2026 4937-2226-7035 v.1.docx 11 26.8 Assignment of Enforcement Rights. The City may, but is not required to, assign any or all of its enforcement rights under this Agreement.

26.9 Waiver. Any waiver by the City of any obligation in this Agreement must be in writing. No waiver will be implied from any delay or failure by the City to take action on any breach or default of Owner or to pursue any remedy allowed under this Agreement, the City Documents, or applicable law. Any extension of time granted to Owner to perform any obligation under this Agreement shall not operate as a waiver or release from any of its obligations under this Agreement. Consent by the City to any act or omission by Owner shall not be construed to be consent to any other or subsequent act or omission or to waive the requirement for the City's written consent to future waivers.

26.10 Further Assurances. The Parties shall execute, acknowledge and deliver to the other such other documents and instruments, and take such other actions, as either shall reasonably request as may be necessary to carry out the intent of this Agreement.

26.11 Severability. Every provision of this Agreement is intended to be severable. If any provision of this Agreement is held invalid, illegal, or unenforceable by a court of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired.

26.12 Headings; Construction; Statutory References. The headings of the sections and paragraphs of this Agreement are for convenience only and shall not be used to interpret this Agreement. The language of this Agreement shall be construed as a whole according to its fair meaning and not strictly for or against any Party. All references in this Agreement to particular statutes, regulations, ordinances or resolutions of the United States, the State of California, or the City of San Clemente shall be deemed to include the same statute, regulation, ordinance or resolution as hereafter amended or renumbered, or if repealed, to such other provisions as may thereafter govern the same subject.

26.13 Entire Agreement; Exhibits. This Agreement, together with the other City Documents contains the entire agreement of Parties with respect to the subject matter hereof, and supersedes all prior oral or written agreements between the Parties with respect thereto.

26.14 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.

26.15 Signatories. Each signatory and Party hereto hereby warrants and represents to the other Party that it has legal authority and capacity and direction from its principal to enter into this Agreement, and that all resolutions or other actions have been taken so as to enable it to enter into this Agreement.

SIGNATURES ON FOLLOWING PAGE.
681
Last one Calvada Affordable Housing Agreement.rev.Feb. 24, 2026 4937-2226-7035 v.1.docx Affordable Housing Regulatory Agreement 12
IN WITNESS WHEREOF, City and Owner have caused this Affordable Housing Regulatory Agreement and Declaration of Restrictive Covenants to be executed by their duly authorized representatives as of the date first written above.

CITY:

CITY OF SAN CLEMENTE, a municipal corporation
By: __________________________________
Andy Hall, City Manager
Approved as to form:

By: __________________________________
Elizabeth A. Mitchell, City Attorney
Attest:

By: ___________________________________
Laura Campagnolo, City Clerk
OWNER:

San Clemente Petroleum, Inc.

By: __________________________________
Shahraz Danesh, President

SIGNATURES MUST BE NOTARIZED
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Last one Calvada Affordable Housing Agreement.rev.Feb. 24, 2026 4937-2226-7035 v.1.docx A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California )
County of __________________)
On_____________ before me, __________________, Notary Public, personally appeared, ______, who proved to me the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her their authorized capacity(ies), and that by his/her/their signature (s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under penalty of perjury under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature_____________________________
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Last one Calvada Affordable Housing Agreement.rev.Feb. 24, 2026 4937-2226-7035 v.1.docx A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

I certify under penalty of perjury under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature_____________________________
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Last one Calvada Affordable Housing Agreement.rev.Feb. 24, 2026 4937-2226-7035 v.1.docx Exhibit A

LEGAL DESCRIPTION
The property address is 1430 S. El Camino Real
The legal description is N Tract 822 Block 9 LOTS 1-2 and 35-36 (except the southwesterly 20 feet of Lot 2 and Lot 35) with County Assessor’s Parcel numbers 692-171-18 and 692-171-19 685
Last one Calvada Affordable Housing Agreement.rev.Feb. 24, 2026 4937-2226-7035 v.1.docx Exhibit B

INSURANCE REQUIREMENTS
Intentionally Omitted.
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Last one Calvada Affordable Housing Agreement.rev.Feb. 24, 2026 4937-2226-7035 v.1.docx Exhibit C
HCD Income and Rent Limits for 20251
CA Heath & Safety Code Section 500532: For very low income households, the product of 30 percent times 50 percent of the area median income adjusted for family size appropriate for the unit.

1 https://www.hcd.ca.gov/sites/default/files/docs/grants-and-funding/income-limits-2025.pdf 2 https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=HSC&sectionNum=50053. 687
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AGENDA ITEM: 8-B

STAFF REPORT

SAN CLEMENTE PLANNING COMMISSION
Date: January 18, 2023
PLANNER: Jonathan Lightfoot, Economic Development Officer SUBJECT: Master Project 21-322, Calvada Mixed Use Project, 1430 S. El Camino Real, including Site Plan Permit (SPP) 21-323, Cultural Heritage Permit (CHP) 21-324, Conditional Use Permit (CUP) 22-412, and Discretionary Sign Permit (DSP) 21-326: A request to develop a mixed use building at 1430 S. El Camino Real, which is within the Mixed Use 3.2 Zone and the Architectural and Affordable Housing Overlays. A portion of the property is within the Coastal Zone. The proposed project includes 10 apartment units (including one affordable unit) totaling 16,864 square feet of interior space, with 25 corresponding parking stalls and 6,681 square feet of retail/office space with 23 corresponding parking stalls. The project includes a request for a concession, pursuant to State Density Bonus law, to reduce the alley transitional setback to accommodate upper floor balconies.

REQUIRED FINDINGS
The following findings shall be made in order to approve the proposed project. The draft Resolution (Attachment 2) and analysis section of this report provide an assessment of the project’s compliance with these findings.

Site Plan Permit, Section 17.16.050, to allow the development of a new nonresidential building and a tentative map:
a. The proposed development is permitted within the subject zone pursuant to the approval of a Site Plan Permit and complies with all the applicable provisions of this title (or the specific plan as appropriate), the goals, and objectives of the San Clemente General Plan, and the purpose and intent of the zone in which the development is being proposed;
b. The site is suitable for the type and intensity of development that is proposed; c. The proposed development will not be detrimental to the public health, safety or welfare, or materially injurious to properties and improvements in the vicinity; d. The proposed development will not be unsightly or create disharmony with its locale and surroundings; and
e. The proposed development will minimize or eliminate adverse physical or visual effects which might otherwise result from unplanned or inappropriate development, design or location.

Attachment 3
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Cultural Heritage Permit, Table 17.16.100B (F.2), to allow the development of a new non-residential building within the Architectural Overlay District:
a. The architectural treatment of the project complies with the San Clemente General Plan;
b. The architectural treatment of the project complies with the Zoning Code in areas including, but not limited to, height, setback color, etc.; c. The architectural treatment of the project complies with the architectural guidelines in the City's Design Guidelines;
d. The general appearance of the proposal is in keeping with the character of the neighborhood;
e. The proposal is not detrimental to the orderly and harmonious development of the City; and
f. The proposed project/use preserves and strengthens the pedestrian-orientation of the district and/or San Clemente's historic identity as a Spanish village.

Conditional Use Permit to allow for an encroachment of architectural features above the height limit (per Table 17.24.080B, Maximum Encroachment into Setbacks and Height Limits); to allow for beer and wine service (per Table

17.40.030, Mixed-Use Zone Uses); and to allow for an outdoor dining area (per

17.28.205 - Outdoor Dining Areas.).
a. The proposed use is permitted within the subject zone pursuant to the approval of a Conditional Use Permit and complies with all the applicable provisions of this title, the San Clemente General Plan and the purpose and intent of the zone in which the use is being proposed.
b. The site is suitable for the type and intensity of use that is proposed. c. The proposed use will not be detrimental to the public health, safety or welfare, or materially injurious to properties and improvements in the vicinity. d. The proposed use will not negatively impact surrounding land uses. e. The outdoor dining area contributes to the village/pedestrian ambiance of the City, consistent with the City's General Plan.
f. The outdoor dining area complies with the standards of this section. g. Any negative visual, noise, traffic, accessibility, and parking impacts associated with the outdoor dining area have been reduced to an acceptable level, as determined by the City.

Discretionary Sign Permit, 17.16.250, to allow a Master Sign Program and more than 25 square feet of sign area for a business within the Architectural Overlay District.
a. The design, including lighting, scale, length and materials, of the sign is consistent with the intent of the design elements of the General Plan, Design Guidelines, respective specific plan or Architectural Overlay District in which the sign is to be located;
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b. The design, scale and materials of the sign harmonize with the architectural design and details of the building or site it serves;
c. The design and scale of the sign is appropriate to the distance from which the sign is normally viewed;
d. The design and materials of the sign provide a contrast between the background and letters;
e. The provisions of the Master Sign Program ensure consistency in design and style of all new signs;
f. The provisions of the Master Sign Program address compatibility of the design and style of any existing signs on the building or site; and g. All new signs within the Master Sign Program are in compliance with the design standards of this chapter.

BACKGROUND
Site Data
The property includes Lot 1 and Lot 32 of Block 9 in Tract 822. They are addressed as 1430 S. El Camino Real and include Assessor’s Parcel Numbers 692-171-18 and 692- 171-19. The project would include a lot merger resulting in a combined area of 18,703 square feet (0.43 acres). The property is bounded by S. El Camino Real to the north; W.

Avenida Gaviota to the west; W. Avenida Valencia to the east; and an alley to the south that separates the project from existing one and two-story residential properties. See Attachment 1 for a vicinity map of the project site.

The property is currently vacant and is the site of a former Mobil gas station. Clean-up of the site to address potential soil contamination from the previous gas-station use and underground petroleum storage tanks was completed in April of 2009. Please refer to Attachment 6, Remedial Action Completion Certification, for information about this work.

PROJECT DESCRIPTION
The proposed development is a mixed-use project including ground floor commercial spaces fronting on South El Camino Real, with ten (10) residential units above. One (1) of the residential units is designated as affordable at the low-income level. Parking is provided by side-street and alley access on two garage levels. A commercial sign plan (Attachment 8) along with the development plans and renderings (Attachment 9) provide further detail for the proposal.

The property is the site of a former gas station and has been vacant since the 1990’s. It is near the El Camino Real off-ramp from the interstate, sitting at the intersection of S. El Camino Real and W. Avenida Valencia. Neighboring properties have recently been entitled for improvements at this same gateway location, including the Shoreline Dental 715
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project0F
1 at 1409 S. El Camino Real and the Valencia commercial project1F2 at 1502 S. El Camino Real. This gateway has been a redevelopment priority for the City.

Figure 1: Existing Site vs. Proposed Rendering
Development Management Team Meeting
The City's Development Management Team (DMT) reviewed the project and recommends approval with conditions included in Attachment 2, Exhibit A.

Noticing
Public notices were distributed and posted per City and State requirements. Staff has not received any public comments on this item to-date.
1 Shoreline Dental Project
2 Valencia Project
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PROJECT ANALYSIS
The proposed project complies with the intent and development standards of the Mixed Use 3.2 Zone (refer to Attachment 3) and is consistent with the General Plan and Coastal Land Use Plan as demonstrated by the policy analysis provided in Attachment 4. Project plans are provided in Attachment 9.

Site Plan Permit
The intent of the Site Plan Permit discretionary review is “to encourage site and structural development which 1) respect the physical and environmental characteristics of the site, 2) ensures safe and convenient access and circulation for pedestrians and vehicles, 3) exemplifies the best professional design practices, 4) encourages individual identity for specific uses and structures, 5) encourages a distinct community or neighborhood identity, and 6) minimizes visual impacts.”
The proposed project redevelops an abandoned (and remediated) gas station site with a building that supports a mix of commercial and residential uses, consistent with the City’s goal for the MU 3.2 Zone. The development meets the scale intent for the Zone by limiting the front elevation to two-stories while transitioning to three stories downslope toward the alley beyond. The project brings an iconic design element with a large bronzed dome immediately visible to visitors exiting the freeway at the El Camino Real freeway off-ramp.

While the dome requires a CUP for a height encroachment of 9 feet and 9 inches, the applicant provided renderings (Attachment 9) which demonstrate that the massing of the building and dome do not block ocean views from the freeway. The Design Review Subcommittee met with the applicant and their architect on June 29 and November 29 of 2022 and reviewed the plans in context with the other recently entitled developments in this gateway. The Design Review Subcommittee made several recommendations to improve the compatibility with the neighboring developments, which the applicant’s architect has incorporated. Finally, the project improves the pedestrian orientation of the block by removing curb cuts, adding a courtyard and outdoor dining, and providing a surplus of parking within two levels of interior garage space tucked behind and under the commercial tenant suites.

Cultural Heritage Permit
The intent of the Cultural Heritage Permit is to ensure that new development is compatible with nearby historical properties and/or is consistent with the goals of the Architectural Overlay. This project is not adjacent to a historical property, but is within a City Gateway and the Architectural Overlay District. It is consistent with the goals of this overlay zone in that it is designed with Spanish Colonial Revival elements, including traditional arches, single-barrel tile roof elements, smooth stucco walls, and appropriate decorative elements such as a wall fountain and bronzed dome. The project is within the South El Camino Real focus area. Redevelopment of the El Camino Real and Avenida Valencia intersection has been a priority for the City. This project is the final parcel at this location seeking entitlements as the Valencia Mixed Use and Shoreline Dental projects were 717
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recently approved by the Planning Commission and are proceeding through permitting and construction. The project also improves the pedestrian orientation of the block by removing curb cuts, adding a courtyard and outdoor dining, and providing a surplus of parking within two levels of interior garage space. Finally, the project brings needed residential units and provides each with ample private outdoor spaces. The modulation of walls, roof heights, and balconies create a consistent pedestrian storefront experience while breaking up the massing to give the appearance of independent building segments.

Conditional Use Permit
The intent of the Conditional Use Permit (CUP) is to evaluate any unique attributes of a use or the appropriateness of exceptions to development standards that the Zoning Code allows through a discretionary review. This review takes into account site specific considerations that could make a development appropriate in some locations, but not others. In this review, a CUP is required for a height increase pursuant to the San Clemente Zoning Ordinance. Typically beer and wine service, and new outdoor dining areas that include that beverage service, require a Minor CUP; however those elements are being elevated under the CUP review since that entitlement and Planning Commission’s review are required for the height encroachment. A CUP is required, then, for three independent elements of the proposal:
• For an encroachment of architectural features above the height limit (per Table

17.24.080B, Maximum Encroachment into Setbacks and Height Limits). The MU

3.2 Zone has a height ceiling of 33 feet above the existing grade at the center of the development’s front property line. The proposal complies with the height standard for top of roof elements. However, to add architectural interest, the proposal includes an architectural dome projection that caps the tower at the southeast corner of the project. Per the San Clemente Municipal Code (SCMC)

17.24.808B, architectural projections like cupolas or other elements of interest may encroach up to 10-feet over the height of the zone. The dome element projects about six feet above the height limit and is topped by a 3’6” tall finial, bringing the total height of this architectural projection to 9’9” above the 33-foot standard roof height allowance. A smaller encroachment of about three feet is requested for a finial or weathervane element to top the pyramid roof at the center of the front elevation. A CUP is appropriate in this instance because projects in City gateways should incorporate significant or iconic architectural elements, which these requests help to achieve.
• To allow for beer and wine service (per Table 17.40.030, Mixed-Use Zone Uses).

Beer and wine service typically requires a Minor Conditional Use Permit but can be merged with a Conditional Use Permit review when the review authority is the Planning Commission. The request would allow for service of beer and wine at the expected restaurant suite between the hours of 7 a.m. to 10 p.m. The future tenant would be required to separately obtain an ABC license. Should they wish to serve full alcohol or change the hours of service, an amendment to this use permit would be required.
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• To allow for an outdoor dining area where alcoholic beverages may be served (per

17.28.205 - Outdoor Dining Areas). Creating and outdoor dining area is consistent with the goals of the Architectural Overlay and adds pedestrian interest. It also adds an inviting element visible from the El Camino Real gateway as visitors exit the freeway. The dining area is contained entirely on private property and is integrated with the project’s architecture. Eight outdoor seats are “free” seats that do not count against the parking requirements for the project.

Discretionary Sign Permit
The intent of discretionary review is to ensure signs are compatible and harmonious with the architecture of the buildings they serve and with the surrounding neighborhood, and to ensure signs comply with the purpose and intent of the City's sign regulations. A Discretionary Sign Permit is required to establish a new Master Sign Program.

Calvada Master Sign Program
Projects with four or more new signs on one site require a Master Sign Program. The sign program for the proposed project includes signs that are placed and sized to complement, and be in character with, the existing building, and requires high quality aluminum signage with halo illumination. This is consistent with Architectural Overlay District sign standards, and Urban Design Policy UD-1.09. The proposed location and size of the signs are generally located centrally on their respective façades and maintain the smooth white stucco as the dominant material by providing sufficient space in between the edges of signs and architectural building elements. This treatment keeps the signs proportional to the two-story building as viewed from El Camino Real. Additionally, all signage is proposed entirely within private property and does not encroach into the public right-ofway nor does it obstruct line of sight for pedestrians, bicyclists, or vehicular drivers. Please refer to Attachment 8, Master Sign Program, for architectural renderings of the proposed signs.

Design Review Subcommittee (DRSC)
DRSC review is required for Site Plan Permits and Cultural Heritage Permits, and Discretionary Sign Permits. The DRSC reviewed the project on June 29, 20222F 3 and
November 9, 2022. The applicant incorporated a number of design review modifications as a result of the DRSC’s recommendations. The DRSC recommended that the project proceed to a Planning Commission hearing for consideration. The conceptual landscape plan was reviewed and approved by the City’s landscape architecture consultant, Summers, Murphy & Partners.
3 June 29, 2022 DRSC Report
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State Density Bonus Law
The applicant has complied with all MU3.2 development standards (Attachment 3) with the exception of the alley transitional setback. The project does transition the height as intended by the zone, but the upper floor balconies encroach into the 13’ transitional setback. The provided setbacks vary between 5.5’ to 9’. The applicant has requested an exception for this standard pursuant to the State Density Bonus Law because they are providing 10% of the on-site units as affordable housing at the low-income level. The applicant is requesting a concession, which is:
• “A reduction in site development standards or a modification of zoning code requirements or architectural design requirements … that results in identifiable and actual cost reductions …” (Government Code 65915 (k)(1)); • “Approval of mixed-use zoning in conjunction with housing…”(Government Code 65915 (k)(2));
• “Other regulatory incentives or concessions … that result in identifiable and actual cost reductions to provide … for rents for the targeted units…” (Government Code 65915 (k)(3)).

Based on the applicant’s proposed project with 10% of housing units for low income households, the project could qualify for one concession and also for waivers of development standards. The applicant is requesting consideration for a concession, per California Government Code Section 65915(b)(1)(B) and (d)(1)(A), to reduce the alley setback for 3rd story elements only.

Considerations for Concessions. In order to consider an application under the State’s Density Bonus Law, the City would consider the percent of and level of affordability for the proposed affordable units; whether the applicant made a request for an incentive or concession; whether the applicant’s request identifies an actual cost reduction that would allow the project to provide for the proposed affordable housing; whether the request would have a specific, adverse impact; and whether the request would be contrary to state or federal law. These considerations are made below:
• The State’s Density Bonus Law provides that if an applicant for a density bonus provides a minimum percentage of affordable units, the applicant can request specific incentives or concessions. In this case, the project provides 10% low income household units (1 unit) and, therefore, can request one concession. • The applicant submitted a letter, Attachment 7, explaining that the concession is required to provide enough rental income to cover the cost of construction (hard and soft costs) and subsidize the fiscal impact of providing the affordable rental unit.
• Government Code defines a “specific, adverse impact” as a “significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.” The reduced setback, which allows for balconies on the rear elevation, would not create such an impact and helps the 720
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project to comply with the Zoning Code’s requirement for Urban Outdoor Area.

The walls of the rear 3rd story element are set back beyond the 13-foot standard, accomplishing the primary goal of stepping back the massing from the alley. • The request for a concession for the reduced setback is not contrary to state and federal law and, in fact, supports the State’s policies and goals for housing.

Condition of Approval # 4.2 requires that the applicant shall submit, and must obtain approval from the Director of Community Development, an Affordable Housing Implementation Plan, which includes all of the requirements the SCMC and the City’s Inclusionary Housing Program.

Inclusionary Housing
The City’s Housing Element requires developers of six or more units to set aside four percent of the total number of units for households earning 50 percent or less of the median income (“very low income”). This requirement can be satisfied on site or through the payment of an in-lieu fee. This project provides a “low-income” unit on-site but not a “very-low income” unit. Therefore, the in-lieu fee will apply and has been incorporated as a condition of approval (COA # 4.3) to comply with the requirements of the City’s Housing Element. Staff has calculated this fee to be $95,267 using the Housing Element’s Appendix D guidelines, which are provided in Attachment 5.

ENVIRONMENTAL REVIEW/COMPLIANCE (CEQA)
The Planning Division completed an initial environmental assessment of the project per the California Environmental Quality Act (CEQA). Staff recommends the Planning Commission determine the project is Categorically Exempt from CEQA pursuant to CEQA Guidelines Section 15332 (Class 32: In-Fill Development Projects) because:

1. The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations.

2. The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses.

3. The project site has no value as habitat for endangered, rare or threatened species.

4. Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality.

5. The site can be adequately served by all required utilities and public services.

CALIFORNIA COASTAL COMMISSION REVIEW
If approved by the City, the project requires Coastal Commission review and approval prior to issuance of building permits because the property is bisected by the Coastal Zone boundary line. As noted within Table 3 and the draft Resolution, the project is consistent with the City’s adopted Coastal Land Use Plan (LUP) and policies. The property is not 721
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within a sensitive area, such as a Coastal Canyon, bluff, or potential ESHA zone. It is also not within a Coastal Scenic Gateway (per Figure 6-1 of the LUP).

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

1. Approve the application(s).

2. Modify the conditions of approval to effect desired changes prior to approval.

3. Deny the application(s). If the Commission wishes to pursue this option, the hearing will need to be continued to allow the appropriate resolution(s) to be prepared.

RECOMMENDATION
Staff recommends that the Planning Commission:

1. Determine the project is Categorically Exempt from the requirements of the CEQA pursuant to CEQA Guidelines Section 15332 (Class 32: In-Fill Development Projects); and

2. Adopt Resolution PC 23-001, approving Master Project 21-322 for the Calvada Mixed Use Project at 1430 S. El Camino Real, which includes Site Plan Permit (SPP) 21-323, Cultural Heritage Permit (CHP) 21-324, Conditional Use Permit (CUP) 22-412, and Discretionary Sign Permit (DSP) 21-326, subject to attached conditions of approval.

Attachments:

1. Location Map

2. Resolution No. PC 23-001
Exhibit A - Conditions of Approval

3. MU 3.2 Development Standards Analysis

4. General Plan Consistency Analysis

5. Housing Element Appendix D: Inclusionary Fee

6. OC Healthcare Agency Remedial Action Completion Certification

7. Letter from Applicant regarding Density Bonus Incentive

8. Master Sign Program

9. Conceptual Development Plans and Renderings
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910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: May 5, 2026 Agenda Item: 11K.

Submitted By: City Manager
Prepared By: Leslea Meyerhoff, Contract Coastal Administrator Subject:
..titl e

CONSIDERATION OF A RESOLUTION ACCEPTING ADDITIONAL FUNDING FROM AND APPROVING A COOPERATIVE AGREEMENT WITH OCTA FOR PHASE 2 OF THE

OFFSHORE SAND SOURCE INVESTIGATION, AMENDING THE CONTRACT WITH COASTAL FRONTIERS FOR ADDITIONAL PHASE 2 FIELDWORK, AUTHORIZING THE CITY

MANAGER TO EXECUTE RELATED AGREEMENTS, MAKING RELATED SUPPLEMENTAL

APPROPRIATIONS AND FINDING THE ACTIONS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT ..body
Summary:

The purpose of the Offshore Sand Source Investigation (OSSI) is to identify one or more offshore sand borrow sites with sufficient high quality beach sand deposits at volumes suitable to sustain the City’s planned, comprehensive beach sand replenishment program with sand that is sourced as near to the City as possible. The cost of delivering sand to the City is highly correlated with the distance between the sand source and the beach where it will be placed.

In September 2025, potential borrow sites were identified near San Clemente during Phase 1 of the OSSI. On March 17, 2026 the City Council approved Phase 2, providing authorizing additional permitting and regulatory coordination, field work exploration, sampling and reporting, funded largely through a partnership with Metrolink/SCRRA and Coastal Commission Grant Funds.

Resolution 26-86, if adopted, will expand the scope of Phase 2 with the acceptance of additional funding from OCTA in the amount of $120,000.

Background:

In November 2023, Stage 1 of a 50-year partnership with the U.S. Army Corps of Engineers (USACE) to restore sand to the City’s beaches was initiated. The original sand source was to be offshore of the Santa Margarita River mouth located south of the City. The sand source did not yield sufficient quantities of beach quality sand so a second borrow site was needed for the project to continue.

In February 2024, the City and USACE identified and permitted a second borrow site located off the coast of northern Orange County known as ‘Surfside Sunset’. This second borrow site was located further away than the first, resulting in a cost increase related to the delivery of sand to the City. The project proceeded and was successfully completed in 2024.

After USACE project completion, the City began an investigation to identify alternative local sources of sand and obtained grant funding from the Coastal Commission to fund an offshore sand search, in an effort to reduce the cost of future projects. 731
Meeting Date: May 5, 2026 Agenda Item: 11K.

CITY OF SAN CLEMENTE 2
In early 2025, a draft exploration plan was prepared outlining a total of 11 potential borrow sites identified by the consultant team. Based on funding availability, an exploration plan was presented to the City Council on May 6, 2025 that included exploration at up to six sites, with consideration given to the expressed desire to look for sand within close proximity to the City.

Phase 1 field operations were conducted in September 2025. The field program was conducted in a diagnostic manner, with real-time findings guiding the exploration within a given candidate exploration area and also determining when to move to the next candidate exploration area. A total of 32 cores were obtained among six sites (Dana Point, San Mateo, San Onofre-Agra, Las Pulgas, Surfside Sunset, and Santa Ana River). The results for the San Onofre (Agra) and Santa Ana River sites show promise to yield beach compatible material and warrant further investigation. Both sites are closer to the City than Surfside Sunset, which could result in significant cost savings in the next phase of the USACE project (e.g., Stage 2) which is tentatively planned for 2030, subject to funding availability. A portion of the material found at the Surfside Sunset site was also judged to be compatible with San Clemente beaches and additional exploration at Surfside Sunset would expand the options of desirable material, particularly for use by OCTA.

Discussion
Following the conclusion of the initial sand search (now referred to as OSSI Phase 1), additional sampling has been authorized at key locations that yielded promising results. As a financial participant in Phase 1 and a proposed participant in Phase 2 of the study, OCTA requested that further testing be completed at Surfside Sunset to document the beach quality sand that exists in that location.

OCTA has indicated they are pursuing use of the Surfside Sunset site to fulfill the sand needs to protect the rail infrastructure and revetment in San Clemente. OCTA has proposed placing 240,000 cubic yards of sand near the south end of North Beach and Mariposa Point, 300,000 cubic yards near San Clemente State Beach and a newly proposed potential amount of 150,000 cubic yards further south near Cyprus Shore. The environmental review and regulatory permitting processes for OCTA’s sand project in San Clemente are currently ongoing with all relevant agencies.

As approved by Council on March 17, 2026, the estimated cost of Phase 2 was $449,000, with $300,000 being funded by Metrolink/SCRRA, $100,000 funded by the City, and $49,000 reprogrammed from unused funding from California Coastal Commission Grant.

City staff has continued to coordinate with OCTA on the OSSI and OCTA has indicated that they would like to contribute $120,000 to the Phase 2 fieldwork to further explore the Surfside Sunset site and potentially other sites included in the Phase 2 exploration plan. The consultant team is expected to mobilize in Summer 2026 to conduct the additional offshore sand source exploration effort.

Following the conclusion of the Phase 2 fieldwork, a draft report will be made available followed by a final report summarizing the results of both Phase 1 and Phase 2. The report is expected to include recommendations for permitting one or more new borrow sites for use by the City as part 732
Meeting Date: May 5, 2026 Agenda Item: 11K.

CITY OF SAN CLEMENTE 3
of its long term, comprehensive beach sand replenishment program to restore sand supplies and widen the City’s sandy beaches.

Council Options:
 Adopt Resolution 26-86 (Attachment 1) accepting funding from and approving and authorizing the City Manager to execute a Cooperative Agreement with OCTA (Attachment 2) authorizing the City Manager to execute a contract amendment with Coastal Frontiers (Attachment 3) for Phase 2 field work to add an additional $120,000 contribution from OCTA to support field work and reporting, making related supplemental Budget appropriations and finding the actions exempt from the California Environmental Quality Act.
 Provide additional or alternative direction to staff.

Environmental Review/Analysis:

Phase 2 of the Offshore Sand Source Investigation project is exempt from CEQA under Class 6 (14 CCR § 15306, Information Collection) Section 15306 of the State CEQA Guidelines because the project consists of basic data collection, research, and resource evaluation activities which do not result in a serious or major disturbance to an environmental resource.

Fiscal Impact:

OCTA has offered an additional $120,000 allowing the City to conduct a more robust and extensive field work program for the Phase 2 OSSI at no additional cost to the City, beyond the $100,000 contribution approved by the City Council in March 2026. In total, funding for the OSSI has been provided by the CCC, the City, OCTA and Metrolink/SCRRA in an amount of $1,549,000 for Phases 1 & 2 combined.

Recommended Action(s):
..recommendation
Staff recommends the City Council consider adoption of Resolution 26-86, which would:

1. Determine that the actions are categorically exempt from the California Environmental Quality Act (CEQA) under Class 6, Section 15306 of the state CEQA Guidelines (14 CCR 15306 – Information Collection);

2. Approve, and authorize the City Manager to execute, the Cooperative Agreement with OCTA to accept $120,000 to help fund a portion of Phase 2 of the Offshore Sand Source Investigation project (Attachment 1);

3. Accept revenues contributed by OCTA in the amount of $120,000 to Account No. 001-000- 33490;

4. Authorize a supplemental appropriation of $120,000 to Account No. 001-433-43695;

5. Amend the contract with Coastal Frontiers to increase their contract budget by $120,000 bringing the not to exceed amount to $569,000 to complete the fieldwork portion of the Offshore Sand Source Investigation study; and

6. Authorize the City Manager to execute the contract amendment (Attachment 2) with Coastal Frontiers following execution of the Cooperative Agreement with OCTA. ..end
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Meeting Date: May 5, 2026 Agenda Item: 11K.

CITY OF SAN CLEMENTE 4
Attachment:

1. Resolution 26-86

2. Cooperative Agreement with OCTA

3. Amendment No. 1 to the Professional Services Agreement with Coastal Frontiers to support Phase 2 fieldwork as part of the Offshore Sand Source Investigation.

Notification:

Coastal Frontiers.
734
Attachment 1
RESOLUTION NO. 26-86

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, APPROVING AN

AGREEMENT WITH, AND ACCEPTING FUNDING FROM

THE ORANGE COUNTY TRANSPORTATION AUTHORITY
TO SUPPORT PHASE 2 OF THE OFFSHORE SAND

SOURCE INVESTIGATION, AMENDING THE CONTRACT

WITH COASTAL FRONTIERS, AUTHORIZING THE CITY

MANAGER TO EXECUTE RELATED AGREEMENTS,

MAKING RELATED SUPPLEMENTAL APPROPRIATIONS

AND FINDING THE ACTIONS EXEMPT FROM THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT
..body
WHEREAS, coastal erosion is a very significant problem in the City of San Clemente due to sediment deficit conditions that dominate in the region and which threaten the public beaches, coastal public access, key public facilities and existing structures including the existing rail line and other critical public infrastructure; and WHEREAS, the City has begun actively implementing a comprehensive, citywide long-term coastal resiliency strategy using beach sand replenishment and sand retention as the primary means of restoring the sandy beach shoreline in the City; and WHEREAS, based on emergency conditions on City beaches where there is no dry sand at high tide, public beaches are in danger of erosion and critical public infrastructure including existing structures and the railroad are exposed to direct wave attack, runup, overtopping and undermining; and
WHEREAS, the City desires to develop additional sand sources as close to the City as possible to sustain a long-term comprehensive beach sand replenishment program; and
WHEREAS, in 2024, the City applied for and was awarded an $800,000 grant from the Coastal Commission to conduct an offshore borrow site investigation to identify new sand sources that could be used to sustain the City’s planned sand replenishment program; and
WHEREAS, in 2025 the Orange County Transportation Agency (OCTA) provided supplemental funding in the amount of $180,000 to support additional field work and vibracore-based geologic sampling as part of the City’s Offshore Sand Source Investigation; and
WHEREAS, the City retained a team of coastal experts led by Coastal Frontiers Corporation in October 2024 to conduct the Offshore Sand Source Investigation on behalf of the City; and
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WHEREAS, in 2026, Metrolink/Southern California Regional Railroad Authority provided beach sand impact mitigation fees in the amount of $300,000 to the City to support a second phase of the Offshore Sand Source Investigation fieldwork and acceptance of the funds was approved by Council on March 17, 2026 through adoption of Resolution No. 26-48; and
WHEREAS, the City contributed an additional $100,000 to the Offshore Sand Source Investigation Phase 2 and will also utilize $49,000 in funds reprogrammed from an expiring Coastal Commission grant to support this effort; and WHEREAS, OCTA intends to provide the City with an additional $120,000 in funding to support the City’s Phase 2 efforts of the OSSI in order to locate sufficient quantities of sand for their planned beach nourishment projects in San Clemente; and WHEREAS, entering into an agreement with OCTA to receive supplemental funding for the Offshore Sand Source Investigation Phase 2 will support extra days on the ocean increasing the potential for locating beach quality sand deposits for use in San Clemente; and
WHEREAS, the Coastal Frontiers contract requires amendment to reflect the additional funding commitment from OCTA for Phase 2 of the fieldwork.

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

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

SECTION 2. Based on the review of the record as a whole, the City Council finds and determines that these actions and Phase 2 of the Offshore Sand Source Investigation study is categorically exempt from the California Environmental Quality Act (CEQA) under Class 6, Section 15306 of the state CEQA Guidelines (14 CCR 15306 – Information Collection) because the project consists of basic data collection, research, and resource evaluation activities which do not result in a serious or major disturbance to an environmental resource.

SECTION 3. The City Manager is hereby authorized and directed to execute the Cooperative Agreement with OCTA to accept the additional $120,000 to fund Phase 2 of the Offshore Sand Source Investigation project in a form substantially similar to that presented to the City Council on May 5, 2026.

SECTION 4. The City Council hereby accepts the revenues contributed by OCTA in the amount of $120,000 to Account No. 001-000-33490.

SECTION 5. The City Council hereby authorizes a supplemental appropriation of 736
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$120,000 to Account No. 001-433-43695.

SECTION 6. The City Manager is hereby authorized and directed to execute an amendment to the professional services agreement with Coastal Frontiers for Phase 2 to increase the budget by $120,000 to support the completion of the Offshore Sand Source Investigation study in a form substantially similar to that presented to the City Council on May 5, 2026, following execution of the Cooperative Agreement with OCTA herein approved.

SECTION 7. That the City Manager or his designee are hereby authorized and directed to take such other and additional actions as are necessary or proper to fulfill the purpose and intent of this Resolution and/or proceed with Phase 2 of the Study.

SECTION 8. That the City Clerk shall certify the passage and adoption of this Resolution and enter it into the book of original resolutions.

PASSED AND ADOPTED this 5th day of May, 2026.

ATTEST:
___________________________ __________________________
City Clerk of the City of Rick Loeffler, Mayor of the City San Clemente, California of San Clemente, California
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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. 26-86 was adopted at a regular meeting of the City Council of the City of San Clemente held on the _______ day of _______________________, _________, by the following vote:

AYES:

NOES:

ABSENT:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this _____ day of _________________, ________. __________________________
CITY CLERK of the City of
San Clemente, California
Approved as to form:
_____________________________
Elizabeth A. Mitchell, City Attorney
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Attachment 2
Revised 1/22/2018 Page 1 of 13
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COOPERATIVE AGREEMENT NO. CXXXXX

BETWEEN

ORANGE COUNTY TRANSPORTATION AUTHORITY
AND

CITY OF SAN CLEMENTE
FOR

ADDITIONAL SAND SITE EXPLORATION STUDIES
FOR

THE COASTAL RAIL STABILIZATION PRIORITY PROJECT
THIS COOPERATIVE AGREEMENT (Agreement) is effective this _____ day of _____________ 20__, (“Effective Date”) by and between the Orange County Transportation Authority, 550 South Main Street, P.O. Box 14184, Orange, California 92863-1584, a public corporation of the State of California, (hereinafter referred to as “AUTHORITY”), and the City of San Clemente, 910 Calle Negocio, San Clemente, California 92673, (hereinafter referred to as “CITY”). The AUTHORITY and the CITY are sometimes referred to individual as PARTY and collectively as PARTIES.

RECITALS:

WHEREAS, AUTHORITY, is a public agency established under the laws of the State of California to plan, finance, and manage transportation-related programs and improvements in Orange County, and has an interest in supporting public safety and efficient rail operations through the funding and oversight of transportation projects; and
WHEREAS, CITY is a municipal corporation and general law city in Orange County, California, with jurisdiction over public rights-of-way within its boundaries; and WHEREAS, AUTHORITY is undertaking a Coastal Rail Stabilization Priority Project to protect the coastal railway infrastructure in Orange County, including the railroad along the San Clemente coast, from threats such as coastal erosion and landslides; and /
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WHEREAS, CITY is engaged in Phase 2 of an Offshore Sand Source Investigation (“OSSI”) to identify potential offshore sand borrow sites for beach nourishment and coastal resiliency (“PROJECT”);and
WHEREAS, the PROJECT includes vibracore sediment sampling of priority offshore sites identified based on their proximity to the CITY and the likelihood of containing suitable beach-quality sand; and
WHEREAS, AUTHORITY has an interest in the results of the PROJECT and desires to support and expand the investigation, if necessary, by providing supplemental funding to potentially support the exploration of an additional offshore sand borrow site at Surfside/Sunset (“Borrow Site”), shown in Exhibit A, titled “Borrow Site Identified for Exploration”, which is beyond the initial priority offshore sites located closest to the City of San Clemente, in the event the initial OSSI sampling does not yield sufficient promising sources of beach quality sand, as part of the AUTHORITY’s Coastal Rail Stabilization efforts; and
WHEREAS, the PARTIES desire to enter into this Agreement to cooperatively define their respective roles, responsibilities, and commitments concerning the sand exploring activities related to the Coastal Rail Stabilization Priority Project; and
WHEREAS, CITY’s City Council approved this Agreement on _____ day of ______________________ 2026.

NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and CITY as follows:

ARTICLE 1. COMPLETE AGREEMENT
A. This Agreement, including any attachments incorporated herein and made applicable by reference, constitutes the complete and exclusive statement of the term(s) and conditions(s) of this Agreement between AUTHORITY and CITY and it supersedes all prior representations, understandings, and communications as they pertain to the subjects and projects addressed herein.

The invalidity in whole or in part of any term or condition of this Agreement shall not affect the validity 740
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of other term(s) or conditions(s) of this Agreement. The above referenced Recitals are true and correct and are incorporated by reference herein. This Agreement in no way invalidates or supersedes Cooperative Agreement No. C-5-4416.

B. AUTHORITYS’ failure to insist on any instance(s) of CITY’s performance of any term(s) or condition(s) of this Agreement shall not be construed as a waiver or relinquishment of AUTHORITY’s right to such performance or to future performance of such term(s) or condition(s), and CITY’s obligation in respect thereto shall continue in full force and effect. Changes to any portion of this Agreement shall not be binding upon AUTHORITY except when specifically confirmed in writing by an authorized representative of AUTHORITY by way of a written amendment to this Agreement and issued in accordance with the provisions of this Agreement.

C. CITY’s failure to insist on any instance(s) of AUTHORITY’s performance of any term(s) or condition(s) of this Agreement shall not be construed as a waiver or relinquishment of CITY’s right to such performance or to future performance of such term(s) or condition(s), and AUTHORITY’s obligation in respect thereto shall continue in full force and effect. Changes to any portion of this Agreement shall not be binding upon CITY except when specifically confirmed in writing by an authorized representative of CITY by way of a written amendment to this Agreement and issued in accordance with the provisions of this Agreement.

ARTICLE 2. SCOPE OF AGREEMENT
This Agreement specifies the roles and responsibilities of the Parties as they pertain to the subjects and projects addressed herein. Both AUTHORITY and CITY agree that each will cooperate and coordinate with the other in all activities covered by this Agreement and any other supplemental agreements that may be required to facilitate purposes thereof.

ARTICLE 3. RESPONSIBILITIES OF AUTHORITY
AUTHORITY agrees to the following responsibilities for PROJECT:

A. Provide funding for a Phase 2 exploration of an additional offshore sand borrow site beyond the priority offshore sites covered by the CITY’s initial OSSI. AUTHORITY will fund additional 741
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investigation of at the offshore Surfside/Sunset Borrow Site, which has a high probability of finding additional suitable sand. Such funding shall cover the costs of the consultant services (e.g. Coastal Frontiers or other contractor hired by the CITY) and all associated field work expenses for the additional vibracore sampling and analysis at the additional site within AUTHORITY’s funding contribution. The total funding contribution by the AUTHORITY for this expanded exploration effort shall not exceed One Hundred Twenty Thousand Dollars ($120,000), unless otherwise agreed in writing by both PARTIES.

B. Reimburse the CITY for the actual costs incurred in performing the additional sand exploration activities funded by the AUTHORITY, up to the not-to-exceed amount stated above.

ARTICLE 4. RESPONSIBILITIES OF CITY
CITY agrees to the following responsibilities for PROJECT:

A. Serve as the lead agency for the Phase 2 OSSI and manage the overall project, including the management of the chosen consultants and contractors, scheduling of vibracore sampling activities, and obtaining any necessary permits for conducting the offshore sediment sampling.

B. Designate a project manager or staff to organize regular check-in meetings with AUTHORITY’s representative to discuss project status preliminary results, and next steps.

C. Ensure that the PROJECT (including any additional sites funded by AUTHORITY under this Agreement) is carried out in accordance with the grant requirements of the California Coastal Commission and all applicable laws and regulations.

D. Determine or have its Consultant determine the additional offshore site will be explored under this Agreement. CITY shall promptly take all necessary steps to authorize and arrange for its consultant or contractor to perform the additional vibracore sampling and analysis from the additional offshore Borrow Site.

E. Provide the AUTHORITY with all data, findings, and reports resulting from the PROJECT any additional site explorations funded under this Agreement. This includes, but is not limited to:

1. Raw and processed data from vibracore samples;
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2. Laboratory analysis results (such as grain size distribution and other sediment quality parameters);

3. Geotechnical or geological reports, recommendations, maps of borrow site locations, volume estimates of suitable sand (if determined);

4. Any interim or final reports prepared by the consultant.

F. PARTIES intend that AUTHORITY and CITY will be the sole beneficiaries of the sources of sand identified under the Phase 2 OSSI study, but acknowledge that the decision of who benefits will be out side of their control.

G. CITY shall deliver a copy of the final Phase 2 OSSI report (inclusive of findings from additional sites, if any) to the AUTHORITY upon completion.

H. Ensure that all necessary environmental reviews, permits, and approvals are obtained for the Phase 2 OSSI and any AUTHORITY-funded additional exploration. If the expansion to an additional site requires notification to or approval from any regulatory body, CITY will take the lead in securing such approval, with support from AUTHORITY as noted above.

I. CITY shall conduct all sand exploration activities in a manner that minimizes environmental impact and complies with conditions of permits (e.g., seasonal restrictions for marine wildlife, turbidity controls, etc.). Any mitigation measures required for the sampling activities will be implemented by the CITY or its contractor.

J. Use funds provided by the AUTHORITY under this Agreement exclusively for the purpose of conducting the additional sand exploration activities contemplated by this Agreement. CITY, or its consultant, shall track costs of such activities separately from the grant-funded portion of the Phase 2 OSSI.

K. CITY shall not exceed the funding amount committed by AUTHORITY without obtaining prior written approval from the AUTHORITY in the form of an amendment to his agreement. Any cost overruns beyond the AUTHORITY’s commitment shall be the CITY’s responsibility unless otherwise agreed in writing.
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L. To prepare and submit to AUTHORITY a monthly invoice with supporting documentation up to the amount of One Hundred Twenty Thousand Dollars ($120,000.00). CITY’s invoices shall include allowable PROJECT costs incurred and paid for by CITY for the applicable period. The invoices submitted by CITY shall be signed by an authorized agent who can duly certify the accuracy of the included information. CITY’s invoices shall include the following information:

1. Agreement Number CXXXXX;

2. The time period covered by the invoice;

3. Progress Report which includes a detailed description of the progress of the PROJECT;

4. Such other information as requested by AUTHORITY;

5. Invoice Certification signed by an authorized representative of CITY; Certification statement shall be as follows:
“I hereby certify that to the best of our knowledge based on currently available information and subject to the impact of additional information that may become available in the future; invoice(s) dated _____ for the period covering _____ to _____ are true, complete and correct statements of reimbursable costs and progress. The backup information included with the invoices is true complete and correct in all material aspects. All payments due and owing to subcontractors and suppliers have been made. Timely payments will be made to subcontractors and suppliers from proceeds of the payment covered by the certification. The invoices do not include any amounts which Southern California Regional Rail Authority (SCRRA) intends to withhold or retain from a subcontractor or supplier unless so identified on the invoices.”
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ARTICLE 5. DELEGATED AUTHORITY
The actions required to be taken by AUTHORITY in the implementation of this Agreement are delegated to its Chief Executive Officer or designee and the actions required to be taken by CITY in the implementation of this Agreement are delegated to its City Manager or designee.

ARTICLE 6. AUDIT AND INSPECTION
AUTHORITY and CITY shall maintain a complete set of records in accordance with generally accepted accounting principles. Upon reasonable notice, CITY shall permit the authorized representatives of the AUTHORITY to inspect and audit all work, materials, payroll, books, accounts, and other data and records of CITY for a period of four (4) years after final payment, or until any ongoing audit is completed. For purposes of audit, the date of completion of this Agreement shall be the date of CITY’s payment of AUTHORITY’s final billing (so noted on the invoice) under this Agreement.

AUTHORITY shall have the right to reproduce any such books, records, and accounts. The above provision with respect to audits shall extend to and/or be included in contracts with CITY’s contractor.

ARTICLE 7. MAXIMUM OBLIGATION
Notwithstanding any provisions of this Agreement to the contrary, AUTHORITY and CITY mutually agree that AUTHORITY’s maximum cumulative payment obligation hereunder shall be One Hundred Twenty Thousand Dollars ($120,000.00), unless agreed to and amended by both PARTIES.

ARTICLE 8. INDEMNIFICATION
A. To the fullest extent permitted by law, CITY shall defend (at CITY’s sole cost and expense with legal counsel reasonably acceptable to AUTHORITY), indemnify, protect, and hold harmless AUTHORITY, its officers, directors, employees, and agents (collectively the “Indemnified Parties”), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively “Claims”), including but not limited to Claims arising from injuries to or death of persons (CITY’s employees included), for damage to property, including property owned by AUTHORITY, or from any violation of any federal, state, or local law or ordinance, by the 745
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negligent acts, omissions or willful misconduct of CITY, its officers, directors, employees or agents in connection with or arising out of the performance of this Agreement.

B. To the fullest extent permitted by law, AUTHORITY shall defend (at AUTHORITY’s sole cost and expense with legal counsel reasonably acceptable to CITY), indemnify, protect, and hold harmless CITY, its officers, directors, employees, and agents (collectively the “Indemnified Parties”), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively “Claims”), including but not limited to Claims arising from injuries to or death of persons (AUTHORITY’s employees included), for damage to property, including property owned by CITY, or from any violation of any federal, state, or local law or ordinance, by the negligent acts, omissions or willful misconduct of AUTHORITY, its officers, directors, employees or agents in connection with or arising out of the performance of this Agreement.

C. The indemnification and defense obligations of this Agreement shall survive its expiration or termination.

ARTICLE 9. ADDITIONAL PROVISIONS:

A. Term of Agreement: This Agreement shall be effective as of the Effective Date and shall be in full force and effect through XXXXXXXXX.

B. Termination: In the event, that either Party defaults in the performance of their obligations under this Agreement or breaches any of the provisions of this Agreement, the non-defaulting Party shall have the option to terminate this Agreement upon thirty (30) days prior written notice to the other Party.

C. Termination for Convenience: Either Party may terminate this Agreement for its convenience by providing thirty (30) days prior written notice of its intent to terminate for convenience to the other Party. In the event of termination of this Agreement by either Party, AUTHORITY shall be responsible for paying all PROJECT costs incurred by the CITY prior to the date of termination.

D. Compliance: AUTHORITY and CITY shall comply with all applicable federal, state, and 746
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local laws, statutes, ordinances, and regulations of any governmental authority having jurisdiction over the PROJECT.

E. Legal Authority: AUTHORITY and CITY hereto consent that they are authorized to execute this Agreement on behalf of said Parties and that, by so executing this Agreement, the Parties hereto are formally bound to the provisions of this Agreement.

F. Obligations To Comply with Law: Nothing herein shall be deemed nor construed to authorize or require any Party to issue bonds, notes, or other evidence of indebtedness under the terms, in amounts, or for purposes other than as authorized by local, state, or federal law.

G. Amendments: This Agreement may be amended in writing at any time by the mutual consent of both Parties. No amendment shall have any force or effect unless executed in writing by both Parties.

H. Severability: If any term, provision, covenant or condition of this Agreement is held to be invalid, void or otherwise unenforceable, to any extent, by any court of competent jurisdiction, the remainder of this Agreement shall not be affected thereby, and each term, provision, covenant or condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law.

I. Counterparts of Agreement: This Agreement may be executed and delivered in any number of counterparts, each of which, when executed and delivered shall be deemed an original and all of which together shall constitute the same agreement. Facsimile and/or email signatures will be permitted.

J. Force Majeure: Either Party shall be excused from performing its obligations under this Agreement during the time and to the extent that it is prevented from performing by an unforeseeable cause beyond its control, including but not limited to: any incidence of fire, flood; acts of God; commandeering of material, products, plants or facilities by the federal, state or local government; national fuel shortage; or a material act or omission by the other Party; when satisfactory evidence of such cause is presented to the other Party, and provided further that such nonperformance is unforeseeable, beyond the control and is not due to the fault or negligence of the Party not 747
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performing.

K. Assignment: Neither this Agreement, nor any of the Parties’ rights, obligations, duties, or authority hereunder may be assigned in whole or in part by either Party without the prior written consent of the other Party in its sole and absolute discretion. Any such attempt of assignment shall be deemed void and of no force and effect. Consent to one assignment shall not be deemed consent to any subsequent assignment, nor the waiver of any right to consent to such subsequent assignment.

L. Governing Law: The laws of the State of California and applicable local and federal laws, regulations, and guidelines shall govern this Agreement. The Parties further agree that any action or proceeding brought to enforce the terms and conditions of this Agreement shall be maintained in a court of competent jurisdiction in Orange County, California.

M. Litigation Fees: Should litigation arise out of this Agreement for the performance thereof, the court shall award costs and expenses, including attorney’s fees, to the prevailing Party.

N. Notices: Any notices, requests, or demands made between the Parties pursuant to this Agreement are to be directed as follows:
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To CITY: To AUTHORITY:
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City of San Clemente Orange County Transportation Authority 910 Calle Negocio
San Clemente, California 92673
Attention: Leslea Meyerhoff
Coastal Administrator
Tel: (760) 845 - 8028
Email: [email protected]
Cc: Laura Campagnolo, City Clerk
Email: [email protected]
550 South Main Street
P. O. Box 14184
Orange, CA 92863-1584
Attention: Megan Bornman
Senior Contract Administrator
Tel: (714) 560-5064
Email: [email protected]
cc: Jason Lee, Project Manager,
Tel: (714) 560-5833
Email: [email protected]
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IN WITNESS WHEREOF, the Parties hereto have caused this Agreement No. CXXXXX to be executed as of the date of the last signature below.

CITY OF SAN CLEMENTE ORANGE COUNTY TRANSPORTATION AUTHORITY By: By:

Andy Hall Lydia Bilynsky
City Manager Department Manager, Capital Projects
ATTEST: APPROVED AS TO FORM:

By: By:

Laura Campagnolo James M. Donich
City Clerk General Counsel

APPROVED AS TO FORM
By: ______________________
Elizabeth A. Mitchell
City Attorney
Exhibit:

EXHIBIT A - Borrow Site Identified for Exploration
750
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Exhibit A
Borrow Site Identified for Exploration
751
C26-24

FIRST AMENDMENT TO

PROFESSIONAL CONSULTANT SERVICES AGREEMENT
This First Amendment to the Professional Services Agreement (the “First Amendment”) is made and entered into on this 5
th day of May, 2026 by and between the CITY OF SAN
CLEMENTE, a California municipal corporation, with its principal place of business at 910 Calle Negocio, San Clemente, California, 92673 (“City”), and Coastal Frontiers Corporation, a California corporation, with its principal place of business at 882 A Patriot Drive, Moorpark California, 93021 (“Consultant”). City and Consultant are sometimes individually referred to herein as “Party” and collectively as “Parties”.

RECITALS
Whereas, on March 17, 2026, the City and the Consultant entered into that certain Professional Consultant Services Agreement (Contract # C26-24) (“the Agreement”) for the Consultant to render professional offshore sand source investigation services for the City’s Local Coastal Program; and
Whereas, the Orange County Transportation Authority (“OCTA”) is providing the City with $120,000 in supplemental funding to increase the offshore borrow site investigation scope of work under the Agreement as set forth in that certain Cooperative Agreement No. MU221-26 between Orange County Transportation Authority and the City of San Clemente for Additional Sand Site Exploration Studies for Phase 2 of the Coastal Rail Stabilization Priority Project (“Coop Agreement”); and Whereas, the Coop Agreement provides that the additional $120,000 in supplement funding from OCTA is to be used to collect additional technical data to find one or more offshore sand sources that can be used to support beach sand replenishment efforts in San Clemente with certain limitations as set forth in the Coop Agreement; and Whereas, the Parties hereto desire to enter this First Amendment to amend the Agreement and, on the terms, and conditions stated herein.

NOW THEREFORE, for good and valuable consideration, the receipt of which is hereby confirmed, the Parties hereto agree as follows:

COVENANTS
SECTION 1: Section 3.3.1 (Compensation) of the Agreement is hereby amended to increase the total not to exceed compensation by the $120,000 in supplemental funding being provided by OCTA and state that the total compensation shall not exceed Five Hundred and Sixty-Nine Thousand Dollars ($569,000.00).

Attachment 3
752
C26-24
SECTION 2: Exhibit A (Scope of Services) to the Agreement is hereby amended to state that the additional $120,000 in supplement funding from OCTA shall only be used in consultation with and at the direction of the City for sampling consistent with the requirements on the Coop Agreement, which is fully incorporated into the Agreement by reference.

SECTION 3: Except as expressly amended by this First Amendment, the Agreement and all its provisions shall remain in full force and effect.

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

CITY OF SAN CLEMENTE
By:________________________________
Andy Hall, City Manager
Dated: __________________
ATTEST:
_______________________
CITY CLERK of the City of
San Clemente, California
APPROVED AS TO FORM:
_____________________________
Elizabeth A. Mitchell, City Attorney
Coastal Frontiers Corp., a California
corporation (“CONSULTANT”)
By:_____________________________
Gregory E. Hearon, CEO/CFO
Dated: ___________________
By:_____________________________
Craig B. Leidersdorf, VP
Dated: ___________________
753
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: May 5, 2026 Agenda Item: 11L.

Submitted By: Finance and Administrative Services
Prepared By: Sheryl Mariano, Finance Manager
Brian Brower, Assistant City Manager
Subject:
..titl e
FISCAL YEAR 2025 ..body-26 SECOND AND THIRD QUARTER FINANCIAL REPORTS Summary:

The Second and Third Quarter Financial Reports have been prepared by Staff, focusing primarily on the General Fund, with additional consideration of Enterprise Funds. Revenue and expenditure actual amounts have been carefully reviewed in comparison to Budgeted amounts in the current year, as well as actual amounts over the same period in the prior fiscal year.

Fiscal Impact:

None.

Recommended Action(s):

Receive and file the FY2025-26 Second and Third Quarter Financial Reports. ..recommendation
..end
Attachment:

1. FY2025-26 Second Quarter Financial Report

2. FY2025-26 Third Quarter Financial Report
Notification:

None.
754
October-December 2025

CURRENT FINANCIAL CONDITION
At the end of the second quarter, expenditures exceed
revenues due to the timing of property tax receipts. High receipt months for Property taxes are December,
January, April and May. Overall, revenues and
expenditures are within budgetary expectations for this time of the year.

GENERAL FUND
General Fund revenues through the second quarter total
$37.0 million, or 41% of the $89.8 million annual budget.

General Fund revenue is $4.1 million higher than the
second quarter of the prior year. Increases were seen in property taxes, sales tax, other taxes,
intergovernmental, fines, and interest and rents;
whereas decreases were seen in TOT taxes, permits and
fees, service charges and interfund transfers.

General Fund expenditures total $44.5 million for the
second quarter, or 45% of the $98.6 million annual
budget, as compared to $47.6 million at this time last
year. In total, expenditures ended the quarter $3.1
million less than the prior year due to decreases in
personnel benefit costs, supplies, and capital outlay.

At the end of the second quarter, the budget for General Fund expenditures is $98.6 million, which reflects an
increase from the adopted budget of $87.4 million. The
increase is due to the carryovers from Fiscal Year 2024- 25 and budget adjustments that were council approved
within the prior fiscal year. It is important to keep in mind that Carryover amounts from the prior fiscal year
have already been set aside within the fund balance.

When those projects or purchases move forward into the
current fiscal year, the spending will appear higher than the current year’s revenues. However, this does not
mean that the City is overspending. The expenditures
are funded by money that was previously reserved (in
the prior fiscal year) and is already sitting the fund
balance specifically for that purpose. A portion of the FY2024-25 carryovers are comprised of General Fund
expenditures for maintenance, contractual services, and the initial funding of the Section 115 Trust Fund. The
remaining amount was related to CIP projects including
the ongoing Casa Romantica Stabilization, and various
facility maintenance and improvement projects.

Additional information on General Fund revenues and
expenditures are discussed further in this report.

GENERAL FUND REVENUES
Revenues by Category Budget YTD Actual %
Property Taxes 48,185,950 20,012,682 42%
Sales Tax 13,209,500 4,469,997 34%
Transient Occ. Tax 3,550,000 1,180,209 33%
Other Taxes 3,615,000 730,891 20%
Permits & Fees 1,466,870 781,472 53%
Intergovernmental 2,796,345 1,218,339 44%
Service Charges 7,573,880 4,458,194 59%
Fines 624,600 303,426 49%
Interest, Rents, Other 3,985,900 2,145,439 54%
Interfund Transfers 4,802,511 1,730,392 36%
89,810,556 37,031,041 41%
Property Taxes: Property tax revenue is distributed
unevenly throughout the year, with 50% in Q2, 40% in
Q4, and the remainder is spread across Q1 and Q3.

Property taxes total $20.0 million, primarily from
secured taxes. The amount is $3.1 million higher than
in the prior year due to higher secured, supplemental,
and prior year tax receipts in this fiscal year. This
increase is not reflective of an overall increase in
Property Tax, it is due to an anomaly that occurred with the timing of receiving property taxes within the 1st and 2 nd quarter of the fiscal year.
Sales Tax: Sales tax receipts amount to $4.5 million,
which is $210,630 higher than the second quarter of
last fiscal year.
Transient Occupancy Taxes (TOT): Transient
occupancy taxes total $1.2 million, which is $163,040
less than FY 2025 at this time. The City is diligently
working on getting all hotels and STLUs into
compliance and current with remitting all TOT due to
the City.
Other Taxes: Other taxes, consisting mostly of
franchise fees and business licenses, total $730,891,
which is similar to last year.
$89.8 $98.6
41%
$37.0
45%
$44.5
$-
$25.0
$50.0
$75.0
$100.0
$125.0 Dollars (in millions)
Revenues Expenditures
General Fund -
Current Year Actual to Budget
Budget Actual
Financial Report
Second Quarter of FY 2025-26
Attachment 1
755
Financial Report Second Quarter of FY 2025-26
Permits & Fees: Permits and fees are at $781,472.

This is $108,411 less than the prior year. The overall
issuance of construction permits is lower this fiscal year mostly due to fewer building, mechanical, and
plumbing permits.
Intergovernmental: Intergovernmental revenue is
derived mainly from grant revenues totaling $1.2
million, which is $897,810 higher due the timing of a
state coastal grant and motor vehicle tax revenue.
Service Charges: Service charges, from general
government, public safety, parking meter and
recreation, amount to $4.5 million, which is $84,300
lower than the same time last year. The increase in
service charges primarily made up of GEMT program
funding which varies from year to year.
Fines: Revenues from fines total $303,426, which is
$21,121 higher than the prior year due to a higher
number of parking and administrative citations.
 Interest, Rents & Other: Interest, rents and other
reimbursements total $2.1 million, which is an increase of $293,551 from the prior year due to an increase in
rents and interest earnings.
 Interfund transfers: Interfund transfers-in to the
General fund, which includes Overhead Charges,
remained relatively flat from last year at this time.

GENERAL FUND EXPENDITURES
Expenditure by Type Budget YTD Actual %
Salaries 16,658,710 7,532,069 45%
Benefits 7,505,310 3,354,662 45%
Supplies 1,632,832 579,794 36%
Contractual Services 53,826,276 25,487,563 47%
Other Charges 1,568,640 828,512 53%
Capital Outlay 7,106,850 389,286 5%
Interdepartmental 5,937,560 2,979,280 50%
Transfers & Debt 4,327,170 3,366,904 78%
Total 98,563,348 44,518,070 45%
Expenditure by Dept Budget YTD Actual %
General Government 6,594,930 2,906,868 44%
City General 7,094,020 4,145,555 58%
Police 23,857,478 12,479,734 52%
Fire 15,330,720 7,722,086 50%
Marine Safety 2,344,190 1,176,775 50%
Comm. Development 9,619,020 3,880,841 40%
Public Works 26,948,330 8,992,717 33%
Beaches, Parks & Rec 6,774,660 3,213,494 47%
Total 98,563,348 44,518,070 45%
Expenditures for the second quarter of FY 2025-26 are
$44.5 million compared to prior year’s $47.6 million. This is a decrease of 3.1 million from the prior year. Salaries increase by $334,089 due lower staff vacancies and
COLA increases. Benefits decrease by $1.0 million due to the timing of CSCERP UAL payment allocation.

Contractual services increase $1.4 million due to
increases in public safety contracts ($0.8 million),
maintenance of trees ($218,210), and other contractual
services ($112,088). Other charges increased by
$129,962 from the prior year. Capital Outlay decreased
by $5.0 million, which is due to the timing of project costs such as the sand replenishment project. Transfers and
Debt increase from the prior year by $938,753, primarily due to funding of the Section 115 Trust.

By Department, police and fire increase a total of
$500,363. Other department changes are as follows: 1)
Public works costs decreased by $4.9 million due to the completion of the first phase of sand replenishment in
the prior year. 2) Community Development increased by
$440,316 from the prior year. 3) City General increased by $959,802 primarily due to funding of the Section 115 Trust. 4) General Government decreased by $246,622.
5) Beaches, Parks and Recreation and Marine Safety are
slightly higher compared to prior year due to activity
levels.

In total, costs are currently within anticipated results at this time of the year based on the budget.

ENTERPRISE FUNDS
The following tables summarize the operating revenues,
operating expenses, and changes in operating fund
working capital for enterprise funds including Water,
Sewer, Golf, and Storm Drain funds.

Revenues
Revenue Budget YTD Actual %
Water Fund 31,604,600 11,433,266 36%
Sewer Fund 13,264,161 5,166,831 39%
Golf Fund 3,637,370 2,144,590 59%
Storm Drain Fund 1,633,347 624,280 38%
Water commodity revenues are higher than last year by
$314,355 due to other agency reimbursements. Sewer
revenues are higher by $296,239 due to increases in
service charges.

Golf Course is higher by $65,847 compared to the prior
year due to increases to green fee revenues. Storm drain revenues are lower by $33,465 due to decreases in
interfund transfers.

Expenses
Expenses Budget YTD Actual %
Water Fund 30,391,420 13,218,725 43%
Sewer Fund 13,338,440 6,119,991 46%
Golf Fund 3,499,695 1,566,453 45%
Storm Drain Fund 1,753,160 713,916 41%
Water expenses decrease by $637,446 when compared
to the prior year mainly due to lower purchased water
costs. Sewer expenses increased by $401,076 due to
increases in interdepartmental charges and contractual
services. Golf Course operations were $101,704 less than the same period last year due to lower personnel and
756
Financial Report Second Quarter of FY 2025-26
supply costs. Storm drain operating expenses were
similar to the prior year.

Working Capital
Working Capital Budget YTD Actual
Water Fund 3,956,293 957,654
Sewer Fund (842,125) (1,721,006)
Golf Fund 2,489,830 2,930,292
Storm Drain Fund 554,473 584,650
757

January-March 2026

CURRENT FINANCIAL CONDITION
At the end of the third quarter, expenditures exceed
revenues due to the timing of property tax receipts. High receipt months for Property taxes are December,
January, April and May. Revenues and expenditures are
within budgetary expectations for this time of the year.

GENERAL FUND
General Fund revenues through the third quarter total
$56.7 million, or 62% of the $91.9 million annual budget.

General Fund revenue is $2.4 million higher than the
third quarter of the prior year. Increases were seen in property taxes, sales tax, other taxes,
intergovernmental, service charges, fines, interest and rents, and interfund transfers; whereas decreases were
seen in TOT taxes and permits and fees.

General Fund expenditures total $66.5 million for the
third quarter, or 66% of the $101.1 million annual
budget, as compared to $67.2 million at this time last
year. In total, expenditures ended the quarter $661,695 less than the prior year due to decreases in capital
outlay.

The current budget for General Fund expenditures is
$101.1 million, which reflects an increase of $13.7 million from the adopted budget of $87.4 million. The increase
is due to the carryovers from Fiscal Year 2024-25 and
budget adjustments that were council approved within
the prior fiscal year. It is important to keep in mind that Carryover amounts from the prior fiscal year have
already been set aside within the fund balance. When
those projects or purchases move forward into the
current fiscal year, the spending will appear higher than the current year’s revenues. However, this does not
mean that the City is overspending. The expenditures
are funded by money that was previously reserved (in
the prior fiscal year) and is already sitting the fund
balance specifically for that purpose. A portion of the FY2024-25 carryovers are comprised of $3.5 million in
General Fund expenditures for maintenance, contractual
services, and the initial funding of the Section 115 Trust Fund. The remaining amount of $10.2 million was
related to CIP projects including the ongoing Casa
Romantica Stabilization, and various facility maintenance and improvement projects.

Additional information on General Fund revenues and
expenditures are discussed further in this report.

GENERAL FUND REVENUES
Revenues by Category Budget YTD Actual %
Property Taxes 48,185,950 29,690,455 62%
Sales Tax 13,209,500 7,895,409 60%
Transient Occ. Tax 3,550,000 1,852,025 52%
Other Taxes 3,615,000 1,618,080 45%
Permits & Fees 1,466,870 1,207,978 82%
Intergovernmental 4,896,345 1,341,016 27%
Service Charges 7,573,880 6,702,967 89%
Fines 624,600 453,491 73%
Interest, Rents, Other 3,985,900 3,285,351 82%
Interfund Transfers 4,802,511 2,675,742 56%
91,910,556 56,722,514 62%
Property Taxes: Property tax revenue is distributed
unevenly throughout the year, with 50% in Q2, 40% in
Q4, and the remainder is spread across Q1 and Q3.

Property taxes total $29.7 million, primarily from
secured taxes. The amount is $930,468 higher than the
prior year due to higher secured, unsecured, ERAF, and
prior year tax receipts in this fiscal year as anticipated. Sales Tax: Sales taxes are remitted to the City in
arrears and third quarter totals includes sales taxes
collected over the holidays. Sales tax receipts amount
to $7.9 million, which is $366,834 higher than the third quarter of last fiscal year. Although discretionary
spending is trending upwards, consumers are still very
conservative about non-essential spending due to the
uncertain economic conditions and inflation concerns.
Transient Occupancy Taxes (TOT): Transient
occupancy taxes total $1.9 million, which is $52,623
less than FY 2025 at this time. The City is diligently
working on getting all hotels and STLUs into
compliance and current with remitting all TOT due to
the City.
Other Taxes: Other taxes, consisting mostly of
franchise fees and business licenses, total $1.6 million, which is $145,189 higher than last year. Although
cable franchise fees have declined, overall Other Tax
$91.9 $101.1
62%
$56.7
66%
$66.5
$-
$25.0
$50.0
$75.0
$100.0
$125.0 Dollars (in millions)
Revenues Expenditures
General Fund -
Current Year Actual to Budget
Budget Actual
Financial Report
Third Quarter of FY 2025-26
Attachment 2
758
Financial Report Third Quarter of FY 2025-26
Revenues increased due to higher CR&R franchise fees
collected with the implementation of a new agreement.
Permits & Fees: Permits and fees are at $1.2 million.

This is $121,009 less than the prior year. The overall
issuance of construction permits is lower this fiscal year mostly due to fewer building, mechanical, and
plumbing permits. The decrease in building permits
can be attributed to higher interest rates causing the
costs of renovations to be financially unfavorable.
Intergovernmental: Intergovernmental revenue
consists mainly of grant revenues totaling $1.3 million, which is $724,111 higher due the timing of a state
coastal grant and motor vehicle tax revenue.
Service Charges: Service charges, from general
government, public safety, parking meter and
recreation amount to $6.7 million, which is $165,347
lower than the same time last year. Public Safety
services charges primarily consist of ambulance service charges, which vary from year to year. This year,
ambulance service charges are $142,035 lower than
this time last year. Ambulance service charges
fluctuate year over year, dependent upon the number
of ambulance responses within the City.
Fines: Revenues from fines total $453,491, which is
slightly higher than the prior year by $23,597. This is due to a higher number of parking and administrative
citations that have been paid.
 Interest, Rents & Other: Interest, rents and other
reimbursements total $3.3 million, which is an increase of $176,537 from the prior year due to an increase in
rents for City owned property and interest earnings.
 Interfund transfers: Interfund transfers-in to the
General fund, which includes overhead charges,
remained relatively flat from last year at this time.

GENERAL FUND EXPENDITURES
Expenditure by Type Budget YTD Actual %
Salaries 16,448,710 10,816,413 66%
Benefits 7,505,310 5,871,255 78%
Supplies 1,629,132 927,355 57%
Contractual Services 54,496,276 38,520,112 71%
Other Charges 1,568,640 1,090,344 70%
Capital Outlay 9,160,550 794,085 9%
Interdepartmental 5,937,560 4,468,920 75%
Transfers & Debt 4,341,170 4,027,887 93%
Total 101,087,348 66,516,371 66%
Expenditure by Dept Budget YTD Actual %
General Government 6,594,930 4,577,551 69%
City General 7,108,020 5,749,332 81%
Police 23,857,478 18,380,455 77%
Fire 15,330,720 11,590,707 76%
Marine Safety 2,344,190 1,688,167 72%
Comm. Development 10,429,020 5,756,280 55%
Public Works 28,648,330 14,034,179 49%
Beaches, Parks & Rec 6,774,660 4,739,700 70%
Total 101,087,348 66,516,371 66%
Expenditures for the third quarter of FY 2025-26 are
$66.5 million compared to prior year’s $67.2 million. This is a decrease of $661,695 from the prior year. Salaries and benefits increase by $814,624 due fewer staffing
vacancies and a COLA increase. Contractual services
increase $2.5 million mainly due to increases in public safety contracts ($1.2 million), maintenance of trees
($333,834), and other contractual services ($197,838).

Other charges which include special event and contract
class instructor costs increased by $42,762 from the prior year. This is due to an increase in July 4th celebration and contract instructor costs. These increases were
slightly offset by the decrease in election expenses in the current year. Capital Outlay decreased by $5.4 million, which is due to the timing of project costs including the sand replenishment and shoreline feasibility study
projects in FY 2025. Transfers and Debt Service increase from the prior year by $1.2 million, due to the
establishment of the Section 115 Trust.

By Department, police and fire increase a total of $1.2 million. Other department changes are as follows: 1)
Public works costs decreased by $4.5 million due to the completion of the first phase of sand replenishment and the shoreline feasibility study in the prior year. 2)
Community Development increased by $835,187 from
the prior year due to increased spending for professional studies on offshore sand source investigation,
transportation data collection and geotechnical analysis for the local coastal program. 3) City General increased by $1.2 million related to the establishment of the
Section 115 Trust. 4) General Government remained
similar to this time last year. 5) Beaches, Parks and
Recreation and Marine Safety are higher compared to
prior year due increases in salary and benefit costs and increased activity levels.

In total, costs are currently within anticipated results at this time of the year based on the budget.

Revenues
Revenue Budget YTD Actual %
Water Fund 31,604,600 17,267,552 55%
Sewer Fund 13,264,161 8,453,008 64%
Golf Fund 3,637,370 3,259,405 90%
Storm Drain Fund 1,633,347 1,077,624 66%
Water commodity revenues are higher than last year by
$466,891 due to other agency reimbursements. Sewer
revenues are higher by $449,149 due to increases in
sewer commodity and base fees.
759
Financial Report Third Quarter of FY 2025-26
Golf Course is higher by $294,749 compared to the prior year due to increases to green fee revenues.

Storm drain revenues are lower by $449,834 due to a
$400,000 insurance reimbursement that was received in
the prior fiscal year.

Expenses
Expenses Budget YTD Actual %
Water Fund 30,391,420 20,019,732 66%
Sewer Fund 13,338,440 9,138,561 69%
Golf Fund 3,499,695 2,321,148 66%
Storm Drain Fund 1,753,160 1,087,329 62%
Water expenses increased by $771,145 when compared
to the prior year mainly due to higher purchased water
costs.

Sewer expenses increased by $491,771 due to increases
in supplies and contractual services.

Golf Course operations were $8,438 more than the same
period last year due to increased contractual service
costs.

Storm drain operating expenses decreased by $13,035
due to lower contractual service costs.

Working Capital
Working Capital Budget YTD Actual
Water Fund 3,956,293 (9,067)
Sewer Fund (842,125) (1,453,489)
Golf Fund 2,489,830 3,290,412
Storm Drain Fund 554,473 664,581
760

San Clemente City CouncilMay 5, 2026

San Clemente City Council
May 5, 2026