San Clemente City Council
September 15, 2026

910 Calle Negocio
2nd Floor
San Clemente, California
www.sanclemente.gov
Council Chambers
Mayor Loeffler
Mayor Pro Tem Knoblock
Councilmember Cabral
Councilmember Enmeier
Councilmember Wu
4:45 p.m. Closed Session (Special Meeting)
5:30 p.m. Business Meeting

CITY OF SAN CLEMENTE
Tuesday, September 15, 2026
City Council
Special and Regular Meeting Agenda
Information concerning City Council Meeting protocols and procedures is contained at the end of this agenda.

Public Participation
Public Comments may be provided to the City Council concerning matters that are within the jurisdiction of the City of San Clemente through the following methods:

In Person
City Council Chambers
910 Calle Negocio
2nd Floor
San Clemente , CA 92673
Zoom
(Audio participation only; public speakers will not be seen on video) https://us06web.zoom.us/j/86947986116
Meeting ID: 869 4798 6116
Phone
(669) 444-9171
Meeting ID: 869 4798 6116
Written: [email protected]
Note: Public Comments will not be read at the City Council meeting, but will be forwarded via email to the City Council and posted on the City website.

Watch the City Council meeting live via Zoom, YouTube or on Cox Cable.

1 City Council Special and Regular Meeting Agenda September 15, 2026

MISSION STATEMENT
The City of San Clemente, in partnership with the community we serve, will foster a tradition dedicated to:

Maintaining a safe, healthy atmosphere in which to live, work and play; Guiding development to ensure responsible growth while preserving and enhancing our village character, unique environment and natural amenities; Providing for the City’s long-term stability through promotion of economic vitality and diversity…
Resulting in a balanced community committed to protecting what is valued today while meeting tomorrow’s needs.

CALIFORNIA ENVIRONMENTAL QUALITY ACT
The California Environmental Quality Act (“CEQA”) is the state law that requires the City to evaluate and document the potential environmental consequences of discretionary decision. (See, California Public Resources Code Sections 21000-21189.3; and the “CEQA Guidelines” at California Code of Regulations Title 14, Division 6, Chapter 3, Sections 15000-15387). For each item that requires a CEQA determination by the City Council, there is a reference to that determination on this agenda, and more information regarding the CEQA analysis is included in the documents that accompany this agenda. To the extent that City staff determines that particular items are not subject to CEQA, there will be no indication of a CEQA action on this agenda.

DISCLOSURE OF CAMPAIGN CONTRIBUTIONS
Pursuant to Government Code § 84308, City Council Members are disqualified and not able to participate in any agenda item involving contracts (other than competitively bid, labor, or personal employment contracts), franchises, discretionary land use permits and other entitlements if the City Council Member received more than $500 in campaign contributions from the applicant or contractor, an agent of the applicant or contractor, or any financially interested participant who actively supports or opposes the City’s decision on the agenda item since January 1, 2023. Members of the City Council who have received, and applicants, contractors or their agents who have made, campaign contributions totaling more than $500 to a City Council Member since January 1, 2023, are required to disclose that fact for the official record of the subject proceedings. Disclosures must include the amount of the campaign contribution and identify the recipient City Council Member and may be made either in writing to the City Clerk before the agenda item or by verbal disclosure during consideration.

2 City Council Special and Regular Meeting Agenda September 15, 2026 CLOSED SESSION (SPECIAL MEETING 4:45 P.M.)
A. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to Government Code section 54957(b)
Title: City Manager
BUSINESS MEETING (5:30 P.M.)

CALL TO ORDER
INVOCATION – Pastor Karl Stuckenberg, St. Andrew's by-the-Sea United Methodist Church

PLEDGE OF ALLEGIANCE

ROLL CALL

1. Special Presentations
1A. ORANGE COUNTY TRANSPORTATION AUTHORITY (OCTA) PROJECT UPDATE
Presentation by Dan Phu, Director of Strategic Planning, Orange County Transportation Authority, providing an update to the community concerning upcoming projects.
1B. CONSIDERATION OF RESOLUTION NO. 26-151, ACCEPTING JAY LONGLEY AS THE 2026 WALL OF RECOGNITION INDUCTEE AND FINDING

THE ACTION CATEGORICALLY EXEMPT UNDER THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT
Potential Action(s)
If the City Council concurs with the contents of this report, moving this item without modifications would result in the adoption of Resolution No. 26-151, which would approve the Wall of Recognition Committee’s unanimous recommendation to select Jay “Sparky” Longley as the 2026 inductee to the City of San Clemente Wall of Recognition and find the action categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 (Class 1 - Existing Facilities, 14 CCR 15301).

2. Council Member Reports

3 City Council Special and Regular Meeting Agenda September 15, 2026

3. Oral Communications (Part 1)
Members of the audience who wish to address Council on matters that are within the jurisdiction of the City of San Clemente, but not separately listed on the agenda, may do so during the Oral Communications portion of the meeting. Speakers may address Council once during either Oral Communications Part 1 or Part 2. A total time limitation of 30 minutes is allocated for Oral Communications Part 1, with each speaker being allotted 3 minutes in which to give his or her presentation. Speaker order is determined by the order in which speaker cards are provided to the City Clerk or Deputy City Clerk at the meeting. Speakers that cannot be accommodated during Oral Communications Part 1 will be invited to address Council during Oral Communications Part 2, which appears on this agenda as Item No. 12. When invited by the Mayor, please step to the podium, and if you wish, state your name and the City in which you reside, and make your presentation. Under the Ralph M. Brown Act, the City Council cannot act on items raised during public comment but may respond briefly to statements made or questions posed, request clarification or refer the item to staff.

4. Motion waiving reading in full of all Resolutions and Ordinances

5. Consideration of agendizing items requiring immediate action Per Government Code section 54954.2(b) and 54956.5. Any items agendized will be considered under New Business, unless otherwise determined by a majority vote of the City Council.

6. Closed Session Report - City Attorney

7. Staff Communications

8. Public Hearings
None.

9. Unfinished Business
None.

4 City Council Special and Regular Meeting Agenda September 15, 2026

10. New Business
10A. INTRODUCTION (FIRST READING) OF AN ORDINANCE TO AMEND CHAPTER 15.04 OF SAN CLEMENTE MUNICIPAL CODE TITLE 15 -

BUILDINGS AND CONSTRUCTION, RELATING TO BUILDING

REGULATIONS AND CONSTRUCTION ENFORCEMENT, AND FINDING THE

ORDINANCE EXEMPT FROM THE REQUIREMENTS OF THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA
GUIDELINES SECTION 15378
Potential Action(s)
If the City Council concurs with the contents of this report, moving this item without modifications would result in introducing, and conducting a first reading of Ordinance No. 1813 entitled AN ORDINANCE OF THE CITY COUNCIL OF

THE CITY OF SAN CLEMENTE, CALIFORNIA, APPROVING AMENDMENTS TO CHAPTER 15.04 OF THE SAN CLEMENTE MUNICIPAL CODE TITLE 15 -

BUILDINGS AND CONSTRUCTION, RELATING TO BUILDING

REGULATIONS AND CONSTRUCTION ENFORCEMENT, AND FINDING THE

ORDINANCE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTION 15378.
10B. ESTABLISHMENT OF CITY COUNCIL MEETING SCHEDULE FOR 2027 Potential Action(s)
If the City Council chooses to cancel the April 6, 2027 City Council meeting to align with the Capistrano Unified School District Spring Recess, moving this item without modifications would result in the adoption of Resolution No. 26-152 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, CANCELLING THE APRIL 6, 2027 CITY COUNCIL MEETING.

11. Consent Calendar
All items listed on the Consent Calendar are considered to be routine and will be enacted by one motion without discussion unless Council or Staff requests removal of an item for separate discussion and action.

A. City Council Minutes
Potential Action:
(1) APPROVE THE REGULAR CITY COUNCIL MEETING MINUTES OF SEPTEMBER 1, 2026.

5 City Council Special and Regular Meeting Agenda September 15, 2026 B. Commission/Committee Minutes
Potential Action:

Receive and file the following:
(1) CULTURAL HERITAGE SUBCOMMITTEE REGULAR MEETING
MINUTES OF JULY 29, 2026.
(2) PLANNING COMMISSION ADJOURNED MEETING MINUTES OF
AUGUST 5, 2026.

C. Warrant Register
(1) APPROVE WIRE TRANSFER NO.
3494 AND WARRANT NOS.
613584 THROUGH 613731, PAID ON
8-28-26, IN THE AMOUNT OF $4,172,366.02
TOTAL WARRANT REGISTER $4,172,366.02
Payroll Register
None.
11D. CONTRACT AWARD - WATERFRONT STRUCTURAL INSPECTION AND

DESIGN SERVICES FOR THE PIER IMPROVEMENTS PROJECT, AND

FINDING THE PROJECT CATEGORICALLY EXEMPT FROM THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT
Potential Action(s)
If the City Council concurs with the contents of this report, moving this item without modifications would result in adoption of Resolution No. 26-153, which would:

1. Find the Pier Improvements project, CIP Project No. 17419, categorically exempt from the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities, 14 CCR 15301) of the State CEQA Guidelines.

2. Award a Professional Consultant Services Agreement to Duncan Engineering for the Waterfront Structural Inspection and Design Services for the Pier Improvements project.

3. Approve, and authorize the City Manager to execute, Contract No. C26- 54, by and between the City of San Clemente and Duncan Engineering, providing for a Waterfront Structural Inspection and Design Services for the Pier Improvements project, in an amount not to exceed $116,213.

6 City Council Special and Regular Meeting Agenda September 15, 2026 11E. CONTRACT AMENDMENT - LICENSE AGREEMENT FOR THE PEDESTRIAN

BEACH TRAIL, AND FINDING THE PROJECT CATEGORICALLY EXEMPT

FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
Potential Action(s)
If the City Council concurs with the contents of this report, moving this item without modifications would result in adoption of Resolution No. 26-154, which would:

1. Determine that this project is categorically exempt from the California Environmental Quality Act (CEQA) under the state CEQA Guidelines Section 15301 (19 CCR Section 15301, Existing Facilities);

2. Approve, and authorize the City Manager to execute, Amendment No. 1 to C23-20, by and between the City and the Orange County Transportation Authority (OCTA), amending the license agreement for the Pedestrian Beach Trail.
11F. CONSIDERATION OF APPROVING THE PURCHASE OF MERIDIAN

VEHICLE MITIGATION SYSTEM AND AUTHORIZING A SOLE SOURCE EXEMPTION TO COMPETITIVE BIDDING UNDER THE CITY’S PURCHASING POLICY
Potential Action(s)
If the City Council concurs with the contents of this report, moving this item without modifications would result in adoption of Resolution No. 26-155, which would:

1. Authorize a sole source exemption to competitive bidding requirements pursuant to City Purchasing Policy 201-2-1 based on the proprietary nature of the Meridian Vehicle Mitigation System, which is only sold by the manufacturer.

2. Approve the purchase of a Meridian Vehicle Mitigation System and associated equipment in an amount not to exceed $135,000.

7 City Council Special and Regular Meeting Agenda September 15, 2026 11G. CONTRACT AWARD - OPERATION AND MANAGEMENT OF THE SAN CLEMENTE CERTIFIED FARMERS’ MARKET, AND FINDING THE ACTION

CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL

QUALITY ACT
Potential Action(s)
If the City Council concurs with the contents of this report, moving this item without modifications would result in adoption of Resolution No. 26-156, which would:

1. Find the project categorically exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15301 (Class 1 - Existing Facilities) and 15323 (Class 23 - Normal Operations of Facilities for Public Gatherings).

2. Award a Revocable License Agreement to Introductions Unlimited, Inc. for operation and management of the San Clemente Certified Farmers’ Market.

3. Approve, and authorize the City Manager to execute, Contract No. C26- 55, by and between the City of San Clemente and Introductions Unlimited, Inc., providing for a revocable license agreement for operation and management of the San Clemente Certified Farmers’ Market. 11H. NOTICE OF COMPLETION - ARTERIAL PAVEMENT PRESERVATION PROGRAM FOR SOUTH EL CAMINO REAL (W. AVE. GAVIOTA TO W. AVE.

SAN ANTONIO)
Potential Action(s)
If the City Council concurs with the contents of this report, moving this item without modifications would result in adoption of Resolution No. 26-157, which would:

1. Accept the Arterial Pavement Preservation Program for South El Camino Real, CIP Project No. 12303, from the contractor, All American Asphalt.

2. Authorize the City Clerk to execute and record the Notice of Completion for the Arterial Pavement Preservation Program for South El Camino Real.

3. Authorize the City Clerk to release the payment bond 35 days from the recordation of the Notice of Completion upon verification with the Engineering Division that no liens have been levied against the Contractor, All American Asphalt.

8 City Council Special and Regular Meeting Agenda September 15, 2026

4. Authorize the City Clerk to release the performance bond for this project upon receipt of a warranty bond in a form acceptable to the Public Works Director/City Engineer in the amount of 25% of the total construction cost. 11I. CONSIDERATION OF A RESOLUTION APPROVING THE 2025-2026

CONSOLIDATED ANNUAL PERFORMANCE & EVALUATION REPORT
(CAPER) FOR EXPENDITURE OF COMMUNITY DEVELOPMENT BLOCK

GRANT FUNDS
Potential Action(s)
If the City Council concurs with the contents of this report, moving this item without modifications would result in adoption of Resolution No. 26-158, which would approve and adopt the FY 2025-26 Consolidated Annual Performance & Evaluation Report for submittal to the U.S. Department of Housing and Urban Development.
11J. CONSIDERATION OF A RESOLUTION IN SUPPORT OF SENATE BILLS 329 AND 490 REGARDING OVERSIGHT AND ENFORCEMENT OF FACILITIES

PROVIDING ALCOHOL AND DRUG TREATMENT AND SOBER LIVING

SERVICES
Potential Action(s)
If the City Council concurs with the contents of this report, moving this item without modifications would result in adoption of Resolution No. 26-159 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, SUPPORTING SENATE BILL 329
(BLAKESPEAR) AND SENATE BILL 490 (UMBERG) AND AUTHORIZING THE MAYOR TO EXECUTE LETTERS REQUESTING THE GOVERNOR’S
SIGNATURE.

12. Oral Communications (Part 2)
Members of the audience who wish to address Council on matters that are within the jurisdiction of the City of San Clemente, but not separately listed on the agenda, may do so during the Oral Communications portion of the meeting. When invited by the Mayor, please step to the podium, and if you wish, state your name and the City in which you reside, and make your presentation, not to exceed three minutes. Under the Ralph M. Brown Act, the City Council cannot act on items raised during public comment but may respond briefly to statements made or questions posed, request clarification or refer the item to staff.

13. Future Agenda Items

14. Reports
A. City Attorney
B. City Manager

9 City Council Special and Regular Meeting Agenda September 15, 2026

15. Adjournment
The next Regular City Council Meeting is scheduled to take place on October 6, 2026.

Closed Session will begin at 4:30 p.m. and the Regular Business Meeting will begin at 5:30 p.m. The meeting will take place in the Council Chambers, located at 910 Calle Negocio, 2nd Floor, San Clemente.

10 City Council Special and Regular Meeting Agenda September 15, 2026

CITY COUNCIL MEETING PROCEDURES

RULES FOR ADDRESSING COUNCIL
• Members of the public may address the City Council on matters within the jurisdiction of the City of San Clemente.
• If you wish to address Council, please complete one of the blue speaker cards located at the entrance to the Council Chambers and turn it in to the City Clerk or Deputy City Clerk. • Persons wishing to address Council concerning an agendized item will be invited to address Council during the time that Council is considering that particular agenda item.

Persons wishing to address Council concerning a non-agendized issue will be invited to address Council during the “Oral Communications” portion of the meeting. • Speaker cards must be turned in when the agenda item is announced • When invited by the Mayor, please step to the podium, and if you wish, state your name and the City in which you reside, and make your presentation. Please limit your presentation to three minutes.

PRESENTATION OF WRITTEN MATERIALS TO COUNCIL
In order to ensure that Councilmembers have adequate time to consider written materials concerning agenda items, it is strongly recommended that such materials be submitted to the City Clerk by noon the date preceding the Council meeting.

MEETINGS RECORDED AND TELEVISED
City Council meetings are broadcast live and are replayed periodically on Cox Communications Local Access Channel 854. Meetings are also available for live-stream or post meeting viewing from the City’s website.

Meetings are also recorded via audio CD and/or DVD and retained as a City record in accordance with the City’s records retention schedule.

USE OF ELECTRONIC VISUAL AIDS BY PUBLIC AT MEETINGS
To allow staff adequate time to confirm software compatibility, individuals wishing to utilize electronic visual aids to supplement their oral presentations at the meeting, must submit the electronic files to the City Clerk by no later than 12:00 p.m. on the day of the meeting. Only compatible electronic formats will be permitted to be used on City audio/visual computer equipment. Staff makes no guarantee that such material will be compatible, but will use its best efforts to accommodate the request. Electronic presentations shall be limited to visual media, without prerecorded audio narration, that augment a live verbal presentation addressed to the City Council. The display of visual media shall be ancillary to, and not presented in place of, live verbal narration. Members of the public shall not be permitted to connect equipment to the City's computer system. Members of the public shall not be permitted to access the internet from the City's computer equipment. Visual presentations must be provided to the City Clerk in a display-ready format. In no case shall Staff be required to develop a presentation for public use.

This prohibition includes, but is not limited to, compiling of City records, downloading data from websites, or gathering or modifying data provided by the public.

LENGTH OF MEETINGS
At 11:00 p.m., the City Council will determine which of the remaining agenda items can be considered and acted upon at this meeting and will continue all other agenda items to a future meeting.

AMERICANS WITH DISABILITIES ACT
Pursuant to the Americans with Disabilities Act, persons with a disability who require a disability-related modification or accommodation in order to participate in a meeting, including auxiliary aids or services, may request such modification or accommodation from the City Clerk at (949) 361-8200. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to assure accessibility to the meeting.

COMMUNICATION DEVICES

11 City Council Special and Regular Meeting Agenda September 15, 2026 To minimize meeting distractions and sound system interference, please be sure all personal communication devices are turned off or on silent mode.

MEETING SCHEDULE
Regular Council Meetings are held on the first and third Tuesdays of each month in the Council Chambers, located at 910 Calle Negocio, 2nd floor, San Clemente. Closed Session are considered at 5:00 p.m. and the Business Meeting begins at 6:00 p.m. Additional meetings of the City Council may be called as needed.

AGENDAS, ADMINISTRATIVE REPORTS AND SUPPLEMENTAL WRITTEN MATERIALS Agendas and Administrative Reports are available for review and/or copying at the City Clerk’s Department as soon as agendas are posted, by accessing the City’s website at www.san-clemente.org. An “Inspection Copy” of agenda materials is also located at the entrance to the Council Chambers during meetings for public review. All written material distributed to a majority of the Council after the original agenda packet was distributed is available for public inspection in the City Clerk’s Department, located at 910 Calle Negocio, San Clemente, during normal business hours.

The City Clerk’s Department offers an agenda packet subscription service free of charge. If you wish to receive email copies of City Council agendas, which include hyperlinks to staff reports and other back-up material, register at http://san-clemente.org/enotification.

12 910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: September 15, 2026 Agenda Item: 1A.
13 910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: September 15, 2026 Agenda Item: 1B.

Submitted By: Beaches, Parks and Recreation
Prepared By: Samantha Wylie, Beaches, Parks and Recreation Director Subject:
..titl e
CONSIDERATION OF RESOLUTION NO. 26-151, ACCEPTING JAY LONGLEY AS THE 2026

WALL OF RECOGNITION INDUCTEE AND FINDING THE ACTION CATEGORICALLY EXEMPT UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT ..body Summary:

The City of San Clemente’s Wall of Recognition honors individuals whose contributions and selfless efforts have positively impacted the community. In accordance with City Policy No. 103-2- 1, the Wall of Recognition Committee, therein defined, reviews eligible nominations annually and forwards its selected nominee to the City Council for final approval.

The Committee reviewed all 2026 nominations and voted unanimously to recommend Jay “Sparky” Longley as the newest inductee to the Wall of Recognition. Mr. Longley, founder of Rainbow Sandals and the Rainbow Sandals Foundation, has maintained a business in San Clemente since 1976 and has demonstrated a longstanding commitment to the community through significant philanthropic support of local youth, education, social services, environmental stewardship, and community organizations. Since 2020, his charitable contributions have exceeded $2.6 million to 60 local organizations.

The City Council has the opportunity to approve the Committee’s unanimous recommendation and select Mr. Longley as the 2026 Wall of Recognition inductee. Upon approval, staff will coordinate the preparation and installation of his recognition plaque at the Community Center and the formal presentation of his recognition.

Background:

The City of San Clemente established the Wall of Recognition to recognize individuals whose contributions and selfless efforts have made San Clemente a more productive and enjoyable place to live, work, and play. The program is administered pursuant to City Policy and Procedure No. 103-2-1, Wall of Recognition.

Under the policy, eligible nominees must generally be a San Clemente resident or a business owner who has maintained a business within the City for at least 10 years, and the nominee’s service must have been performed in the City or shown to have directly benefited the City.

Nominations may be sponsored by a qualified nonprofit organization or by at least 12 San Clemente residents.

The Wall of Recognition Committee is comprised of past Wall of Recognition recipients, a representative of the City Council, a representative of the Beaches, Parks and Recreation 14 Meeting Date: September 15, 2026 Agenda Item: 1B.

CITY OF SAN CLEMENTE 2
Commission, and the Beaches, Parks and Recreation Director or designee. The Committee is responsible for reviewing nominations and forwarding its selected nominee to the City Council for final approval.

Discussion:

Mr. Longley was nominated by Family Assistance Ministries, a qualified nonprofit organization.

His nomination identifies his connection to San Clemente as a local business owner since 1976, establishing nearly five decades of involvement in the community.

Mr. Longley is the founder of Rainbow Sandals and, in 2014, established the Rainbow Sandals Foundation, a nonprofit organization supporting education, youth development, environmental stewardship, animal welfare, military families, and other community needs. His philanthropic efforts have included partnerships that redirect fresh produce to local food pantries, donations of clothing and essential goods to individuals experiencing homelessness, and the Repair • Reuse • Recycle program, which redirects usable materials from landfills to community needs.

Since 2020, Mr. Longley has contributed more than $2.6 million to 60 local organizations. This includes more than $130,000 to the San Clemente High School Educational Foundation and Triton Booster Club supporting AVID, athletics, and extracurricular programs, as well as more than $167,500 to the Boys & Girls Club of the South Coast Area for facility improvements and youth programming. His support has also extended to organizations serving and preserving the San Clemente community, including PierPride, Friends Foundation, the San Clemente Lifeguard & Junior Guard Foundation, San Clemente Historical Society, San Clemente Military Family Outreach, and Parent 2 Parent Strategies. He has also served as a lead donor for “The Rescue” statue honoring local lifeguards.

In reviewing the nominations, the Wall of Recognition Committee considered the criteria established by City policy as well as the breadth, longevity, and community impact of each nominee’s service. The Committee determined that Mr. Longley exemplifies the purpose of the Wall of Recognition through his longstanding commitment to San Clemente and unanimously selected him for recommendation to the City Council.

Upon Council approval, staff will work with the nominating sponsor to finalize the plaque wording, design, and placement on the Wall of Recognition at the Community Center, consistent with Policy No. 103-2-1. The policy also provides for preparation of a framed Certificate of Recognition for presentation to the honoree.

Considerations Identified by Staff:

The Wall of Recognition Committee completed the review and selection process prescribed by City policy and unanimously recommends Mr. Longley for recognition. His nearly 50-year connection to San Clemente as a local business owner, along with his extensive philanthropic contributions benefiting local youth, nonprofit organizations, community services, environmental initiatives, and civic institutions, aligns with the purpose and qualifications of the Wall of Recognition program. Approval of the Committee’s recommendation will allow staff to proceed with preparation and installation of the plaque and coordinate the formal recognition of Mr.

Longley.
15 Meeting Date: September 15, 2026 Agenda Item: 1B.

CITY OF SAN CLEMENTE 3
Council Options:
 Accept the committee recommendation to adopt Resolution No. 26-151, which will approve the induction of Jay “Sparky” Longley as the 2026 Wall of Recognition honoree.  Provide alternative direction to staff.
 Take no action.

Environmental Review/Analysis:

The proposed action is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 (Class 1 – Existing Facilities, 14 CCR 15301), which applies to the operation, maintenance, and minor alteration of existing public facilities involving negligible or no expansion of existing use. Approval of the 2026 Wall of Recognition inductee will result only in the installation of a recognition plaque on the existing Wall of Recognition at the Community Center and will not expand or alter the existing use of the facility. Therefore, no further environmental review is required.

Fiscal Impact:

The estimated cost to prepare and install the Wall of Recognition plaque is approximately $400.

Sufficient funding is available within the Beaches, Parks & Recreation Department's existing FY 2026-27 operating budget. No additional appropriation is required.

Potential Action(s):
..recommendation
If the City Council concurs with the contents of the staff report, moving the item without modifications would result in the adoption of Resolution No. 26-151, which would approve the Wall of Recognition Committee’s unanimous recommendation to select Jay “Sparky” Longley as the 2026 inductee to the City of San Clemente Wall of Recognition and find the action categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 (Class 1 – Existing Facilities, 14 CCR 15301). ..end
Attachment:

1. Resolution No. 26-151

2. Wall of Recognition Policy and Procedure No. 103-2-1

3. 2026 Wall of Recognition Nomination – Jay “Sparky” Longley Notification:

Wall of Recognition Honor Roll
16 Attachment 1
RESOLUTION NO. 26-151

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, APPROVING THE
SELECTION OF JAY “SPARKY” LONGLEY AS THE 2026

INDUCTEE TO THE CITY OF SAN CLEMENTE WALL OF

RECOGNITION AND FINDING THE ACTION

CATEGORICALLY EXEMPT UNDER THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO
CEQA GUIDELINES SECTION 15301 (CLASS 1 – EXISTING
FACILITIES, 14 CCR 15301)
WHEREAS, the City of San Clemente established the Wall of Recognition to recognize individuals whose contributions and selfless efforts have made the City a more productive and enjoyable place to live, work, and play; and WHEREAS, City Policy and Procedure No. 103-2-1 establishes the qualifications, nomination requirements, and selection process for individuals considered for inclusion on the Wall of Recognition; and
WHEREAS, pursuant to Policy No. 103-2-1, the Wall of Recognition Committee is charged with reviewing eligible nominations and forwarding its selected nominee to the City Council for final approval; and
WHEREAS, Jay “Sparky” Longley was nominated by Family Assistance Ministries for recognition based upon his longstanding service and contributions to the San Clemente community; and
WHEREAS, Mr. Longley has maintained a business in San Clemente since 1976 and, through his personal philanthropy and the Rainbow Sandals Foundation, has supported numerous local organizations and initiatives benefiting youth, education, social services, environmental stewardship, military families, and the broader San Clemente community; and
WHEREAS, the Wall of Recognition Committee reviewed the nominations submitted for 2026 in accordance with City policy and voted unanimously to recommend Jay “Sparky” Longley as the 2026 inductee to the Wall of Recognition; and WHEREAS, the City Council desires to accept the Committee’s recommendation and recognize Mr. Longley for his longstanding commitment and contributions to the San Clemente community.

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

SECTION 1. The foregoing recitals are true and correct and are incorporated herein by this reference.
17 Resolution No. 26-151 Page 2
SECTION 2. The City Council hereby approves the selection of Jay “Sparky” Longley as the 2026 inductee to the City of San Clemente Wall of Recognition.

SECTION 3. The Beaches, Parks & Recreation Director, or designee, is authorized to coordinate with the nominating sponsor to finalize the wording, design, and placement of the recognition plaque in accordance with City Policy and Procedure No. 103-2-1.

SECTION 4. The City Council finds that this action is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 (Class 1 – Existing Facilities, 14 CCR 15301) because implementation involves only the installation of a recognition plaque on an existing public facility and involves no expansion of the existing use.

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
18 Resolution No. 26-151 Page 3

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 26-151 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
19 POLICY AND PROCEDURE
Subject: Wall of Recognition Index: Administration & Policy Management
Number: 103-2-1
Effective Date: December 9, 2025 Prepared By: Beaches, Parks and Recreation
/
Supersedes: February 16, 2016 Approved Bya <" i1.O PURPOSE The purpose of the Wall of Recognition is to recognize individuals whose contributions and selfless efforts have made the City of San Clemente a more productive and enjoyable place to live, work, and play.

2.0 0RGANIZATIONS AFFECTED
Beaches, Parks & Recreation Department

REFERENCES
N/A
POLICY

4.1 TheCityofSanCIementedesirestorecognizetheeffortsofindividualswho dedicate time and effort to the betterment of the community. Requests for consideration on the Wall of Recognition shall be reviewed once a year as provided in 6.O below.

4.2 Guidelines for Sponsorship

4.2.1 For a nominee to be considered for the Wall of Recognition, he/she must be sponsored by a group in one of the following manners:
a. Non-Profit Organization: The nominee is sponsored by an organization registered with the State of California as a not-forprofit community organization, exempt under Section 501 (c)(3) of the Internal Revenue Code.
b. Consensus: The nominee is sponsored by a minimum of twelve (12) individuals whose primary residences are in the City of San Clemente. The sponsoring group of residents must circulate and sign a nomination form, which is to include the sponsoring residents' names, addresses, phone numbers, and signatures.

Page l
Attachment 2
20 The form must be submitted as an attachment to the required application form.

4.3 Qualifications of the Nominee to be Recognized on the Wall of Recognition

4.3.I The nominee must be a resident (primary residence) or a business owner that has maintained a business with in the City of San Clemente for a minimum of I 0 years

4.3.2 Service to the community must have been performed in the City or can be adequately shown to have directly benefited the City.

4.3.3 The Wall of Recognition Committee may waive portions or all of the qualification requirements if services provided by the nominee warrant said waiver in the opinion of a majority of the committee members.

4.4 Submittal Requirements

4.4.I The following items shall be included in the request to recognize a nominee on the Wall of Recognition. The request shall be limited to one (1 ) single-sided 8 !/!" by Il " typewritten page.
a. Name, address, and phone number of the individual nominated. b. Name, signature and address of the sponsor(s) and the name, address, and phone number of the contact person who will represent the sponsor. Only one individual shall be listed as the contact person.
c. Length of time the nominee has resided in San Clemente (primary residence).
d. Services provided by the nominee that benefited the community and the length of time they were provided. Estimate the number of hours the nominee spent in the provision of these services. e. A description of why the services provided by the nominee were of value to the community, and why the sponsor considers the nominee to be ideal for the Wall of Recognition. The sponsor shall be responsible for verifying the accuracy of the information provided.
f. The Beaches, Parks & Recreation Director and/or the Wall of Recognition Committee reserve the right to disqualify an application if it is found to contain falsified information or if the application is incomplete.

21 DEFINITIONS:

5.I City: The term City shall refer to the City of San Clemente and include all areas within the boundary lines of the City.

5.2 Nominee: An individual sponsored for recognition on the Wall of Recognition.

5.3 Primary Residence: To qualify as a primary residence, the address must be the primary location for the delivery of mail, the resident must be registered to vote based upon this address, and the resident's driver's license must contain this address.

5.4 Sponsor: A Sponsor is a non-profit organization, or a group of a minimum of twelve (12) individuals, whose primary residences are in the City of San Clemente, and whose purpose is to nominate an individual (nominee) for incorporation on the Wall of Recognition. Refer to 4.2 above.

5.5 Wall of Recognition Committee: A committee with a governing board comprised of past recipients named to the Wall of Recognition, a representative from the City Council, a representative from the Beaches, Parks and Recreation Commission, and the Director of Beaches, Parks and Recreation or his/her designee. The committee is charged with reviewing requests for the Wall of Recognition and forwarding recommendations to the City Council for approval.

6.O PROCEDURE:

6.1 All requests for consideration for the Wall of Recognition shall be submitted once per year. Applications will be accepted in the month of February. Each request shall be addressed, in writing, by the sponsor to the Beaches, Parks and Recreation Department. Any requests received after 5:00 pm on the last Thursday of February shall not be eligible.

6.2 The Director of Beaches, Parks and Recreation, or his/her designee, shall review each request based upon the criteria established within this Policy and Procedure to determine the completeness of the submittal. It shall be the responsibility of the sponsor to prepare complete submittal packages. Upon verification of a complete submittal, the Director or his/her designee shall forward the requests to the Wall of Recognition Committee.

6.3 The Wall of Recognition Committee shall consider all requests for incorporation on the Wall of Recognition. The Committee shall forward their selected nominee to the City Council for approval.

6.4 Upon approval by the City Council, the Director of Beaches, Parks and Recreation or his/her designee shall meet with the sponsor to finalize the wording for the plaque. The Director shall approve the plaque design and location on the Wall of Recognition. The Director shall, at his/her discretion, have the authority to approve or deny wording. If appropriate wording for the plaque cannot be agreed upon, the sponsor may appeal the decision to

22 the Wall of Recognition Committee.

6.5 The City Clerk shall prepare, and the mayor shall sign a framed Certificate of Recognition that is to be presented to the honored individual(s).

6.6 The Wall of Recognition intends to honor individuals whose contributions and selfless efforts have made the City of San Clemente a more productive and enjoyable place to live. Therefore, all existing individuals who have been honored by an official action of the City Council before the approval of this Policy and Procedure shall be automatically grandfathered into the Wall of Recognition. The Beaches, Parks and Recreation Director shall research the background of the families of these individuals to prepare the appropriate wording for the plaques. The Beaches, Parks and Recreation Department shall prepare plaques for these individuals and place them on the Wall of Recognition as time and budget permits.

23 From: [email protected]
To: Fields, Debbie
Subject: Online Form Submittal: Wall of Recognition Nomination Date: Monday, May 11, 2026 4:26:17 PM
Wall of Recognition Nomination
The City of San Clemente is Seeking Nominations for an Outstanding Citizen to Honor on the Wall of Recognition! The deadline for submitting a nomination is Tuesday, May 26, 2026 by 5:00p.m
How to nominate: A non-profit organization or 12 or more residents may either complete the nomination form below or submit a one page letter explaining the nominee’s contributions to the City with any additional supporting information to [email protected] or the Community Center (100 N. Calle Seville, San Clemente, CA 92672).

Nominee Information:

Name of Nominee: JAY "SPARKY" LONGLEY
Nominee Address: San Clemente, California 92672
Nominee Age: 81
Nominee connection to
San Clemente:

Business Owner
Length of time nominee
has owned a business
in San Clemente:

SINCE 1976
(Section Break)
Sponsor Information:

Contact Person Anna Conti
Phone Number:

Email Address:

Sponsor Type: Non-Profit Organization
Organization Name: FAMILY ASSISTANCE MINISTRIES
Non-Profit ID Number: 33-0864870
(Section Break)
Service to the Community:

Attachment 3
24 Services provided by
the nominee that
benefited the
community and length
of time they were
provided. Estimate the
number of hours the
nominee spent in the
provision of these
services.

THOUSANDS OF HOURS
A description of why
the services provided
by the nominee were of
value to the community
and why the sponsor
considers the nominee
to be ideal for the Wall
of Recognition. The
sponsor shall be
responsible to verify
the accuracy of the
information provided.

SEE ATTACHED
Additional Comments
(optional):

Field not completed.

Email not displaying correctly? View it in your browser. 25 26
27 910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: September 15, 2026 Agenda Item: 10A.

Submitted By: Building Division
Prepared By: Robert Ferguson, Building Official
Subject:
..titl e
..body
INTRODUCTION (FIRST READING) OF AN ORDINANCE TO AMEND CHAPTER 15.04 OF SAN CLEMENTE MUNICIPAL CODE TITLE 15 – BUILDINGS AND CONSTRUCTION,

RELATING TO BUILDING REGULATIONS AND CONSTRUCTION ENFORCEMENT, AND

FINDING THE ORDINANCE EXEMPT FROM THE REQUIREMENTS OF THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTION 15378
Summary:

The proposed ordinance would amend Chapter 15.04 of the San Clemente Municipal Code (SCMC), which contains the City’s local administrative provisions relating to building regulations and construction enforcement. The amendments are intended to modernize outdated code references, clarify enforcement authority, improve consistency with current California Building Standards Codes and applicable state law, and strengthen administrative procedures associated with permitting, inspections, unsafe structures, appeals, and code enforcement activities.

The proposed amendments are primarily administrative and technical in nature. They are intended to ensure the Municipal Code remains internally consistent, legally defensible, and reflective of current operational practices utilized by the Building Division.

Background:

Chapter 15.04 of the SCMC establishes the City’s local administrative procedures related to the enforcement of building regulations contained within Title 15, Buildings and Construction. The chapter includes provisions addressing the authority and duties of the Building Official, permit administration, unsafe structures, correction notices, appeals procedures, and other enforcementrelated matters necessary for implementation of the California Building Standards Code.

The chapter was last comprehensively updated in approximately 2015. Since that time, substantial changes have occurred in state law, the California Building Standards Code (Title 24), municipal enforcement practices, housing legislation, and construction administration procedures.

In addition, several existing SCMC provisions contain outdated references, incomplete code citations, or language that no longer reflects current legal requirements or operational best practices.

Staff conducted a comprehensive review of Chapter 15.04 and identified several areas requiring clarification, correction, modernization, and procedural enhancement. The proposed ordinance is intended to address these issues and provide the City with clearer administrative authority and updated enforcement tools consistent with current state law and industry standards. 28 Meeting Date: September 15, 2026 Agenda Item: 10A.

CITY OF SAN CLEMENTE 2
Discussion:

The proposed code amendments are summarized below and provided in full within Exhibit A of proposed Ordinance No. 1813 (Attachment 1). Attachment 2 includes redlines identifying changes from the current code.

Building Official-Appointment
The proposed amendment updates and clarifies the official designation of the City official charged with enforcement of the California Building Standards Code. California Building Code (CBC) Section 103.1 requires local jurisdictions to establish an enforcement agency with the official in charge designated as the “Building Official.”
Building Official-Powers and Duties
The proposed amendment substantially updates and modernizes the section governing the powers and duties of the Building Official. Existing SCMC language contains outdated provisions and does not adequately address modern enforcement practices or emergency public safety procedures. The proposed language aligns local authority with the provisions of CBC Section 104 and clarifies the Building Official’s authority to enforce applicable codes, issue orders, conduct inspections, and take necessary actions to protect public health and safety.

Additionally, the amendment establishes procedures and remedies available to the City where an imminent life safety hazard exists. While CBC Section 116 establishes conditions under which structures or equipment may be deemed unsafe, the Building Code does not provide practical field remedies necessary to immediately protect the public. Accordingly, the proposed Ordinance authorizes the use of restricted-use placards commonly referred to as “red tags” and “yellow tags,” consistent with placarding systems developed by the Applied Technology Council and commonly utilized throughout California following disasters and structural safety evaluations.

The amendment further authorizes the City to undertake emergency protective measures when necessary to address imminent hazards, including but not limited to:
• Posting structures as unsafe or restricted use;
• Boarding or securing unsafe buildings;
• Fencing hazardous areas;
• Disconnecting utilities;
• Removing or stabilizing dangerous structural elements; • Undertaking temporary emergency repairs; and
• Taking other reasonable actions necessary to protect public health, safety and welfare.

These provisions provide clearer authority for emergency response situations and enhance the City’s ability to respond effectively to dangerous conditions affecting structures or properties.

29 Meeting Date: September 15, 2026 Agenda Item: 10A.

CITY OF SAN CLEMENTE 3
Certification of compliance with applicable declarations of covenants, conditions and restrictions The proposed amendment establishes procedures related to homeowner association (HOA) notifications and clarifies the City’s role concerning private covenants, conditions, and restrictions.

Existing code language applies primarily to exterior construction activities and does not adequately address condominium or attached ownership arrangements where ownership responsibilities may be divided between individual unit owners and homeowner associations.

The revised language expands applicability to attached and condominium properties where structural walls, slabs, roofs, or other building components may be owned or maintained by an HOA while interior airspace may be privately owned. The amendment also updates the section to ensure consistency with current state and federal law limiting the ability of an HOA regulate or deny certain types of projects.

Under the proposed amendment, the City would not require proof of HOA approval as a condition of permit issuance if prohibited by law. Instead, the City may provide a courtesy notice to the last known HOA advising that a permit has been issued. An example courtesy notice is provided as Attachment 3.

Requirements for sanitary facilities in connection with the construction of buildings The proposed amendment updates requirements for temporary sanitation facilities associated with construction activities and eliminates outdated provisions that no longer reflect current construction practices or state standards. The amendment aligns local requirements with current state standards for temporary restroom and handwashing facilities commonly utilized on active construction sites, including commercially available portable sanitation units. The proposed amendment also removes obsolete provisions permitting the use of pit privies or similar outdated sanitation methods that are inconsistent with modern public health standards.

Correction notice
The proposed amendment modernizes procedures related to correction notices and administrative enforcement actions. Existing language contains outdated references and incomplete citations to related Municipal Code provisions governing penalties and administrative enforcement. The revised language aligns the correction notice with relevant provisions contained within SCMC Chapter 1.16 (General Penalty) and Chapter 1.20 (Administrative Fines). The amendment also clarifies the relationship between correction notices, stop work orders, administrative citations, and other enforcement mechanisms available to the City.

Board of appeals
The proposed amendment updates the Board of Appeals section to align with current California Building Code Chapter 113 governing means of appeal. The revised language updates references to applicable adopted building codes and clarifies procedures for hearing appeals associated with building code interpretations, determinations of the Building Official, and administrative enforcement actions. The amendment additionally expands the scope of appeal authority to include appeals arising under SCMC Chapters 1.20 and 1.22 where applicable. 30 Meeting Date: September 15, 2026 Agenda Item: 10A.

CITY OF SAN CLEMENTE 4
Site stability requirements
The proposed amendment updates and clarifies provisions related to site stability evaluations associated with construction activities. Site stability refers to the soil off a slope at or adjacent to development to safely support the proposed construction without creating an unacceptable risk of settlement, landslide, slope failure or other ground movement. An applicant must either demonstrate that a project will meet the minimum prescribed factor of safety or record a covenant in favor of the City stating alternate measures have achieved the highest stability possible and are adequate. However, existing language contains vague terminology and outdated provisions that do not clearly identify when geotechnical or stability evaluations are required. The revised language more clearly defines the conditions triggering applicability of the section and modernizes terminology consistent with current engineering and construction practices. The amendment also clarifies limited exemptions and waiver provisions applicable to certain nonhabitable or minor accessory structures where site stability concerns may be minimal. Attachment 4 includes the slope stability covenant and attachment 5 includes the slope stability statement request.

Considerations Identified by Staff:

The proposed amendments are primarily technical and administrative in nature and are intended to correct outdated or incomplete code references, align local regulations with current California Building Standards Codes, improve consistency with state and federal law, clarify enforcement authority and procedures, eliminate ambiguities and inconsistencies within the Municipal Code, modernize provisions that no longer reflect current operational practices, and enhance the City’s ability to protect public health, safety, and welfare. Collectively, the amendments will improve administrative efficiency, strengthen legal consistency, and ensure the City’s building regulations remain current and enforceable.

Council Options:
 Introduce and conduct the first reading of Ordinance No. 1813 (Attachment 1) adopting (Exhibit A of Attachment 1) and finding the ordinance exempt from the California Environmental Quality Act.
 Continue the Item with direction to staff to revise the Municipal Code amendments and/or provide additional information
 Decline to introduce the ordinance
Environmental Review/Analysis:

This action is not a “project” under the California Environmental Quality Act (CEQA) Guidelines Section 15378 as it constitutes administrative activities of government.

Fiscal Impact:

There is no fiscal impact that would result from the adoption of the proposed amendments. 31 Meeting Date: September 15, 2026 Agenda Item: 10A.

CITY OF SAN CLEMENTE 5
Potential Action(s):

Introduce and conduct a first reading of Ordinance No. 1813 entitled, “INTRODUCTION (FIRST READING) OF AN ORDINANCE TO AMEND CHAPTER 15.04 OF SAN CLEMENTE MUNICIPAL CODE TITLE 15 – BUILDINGS AND CONSTRUCTION, RELATING TO BUILDING

REGULATIONS AND CONSTRUCTION ENFORCEMENT, AND FINDING THE ORDINANCE

EXEMPT FROM THE REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTION 15378.”..recommendati on ..end
Attachment:

1. Proposed Ordinance No. 1813
Exhibit A – Amendments to SCMC Chapter 15.04

2. Redline Version of Amendments to SCMC Chapter 15.04

3. HOA Courtesy Notice

4. Slope Stability Covenant Request

5. Slope Stability Statement Request
Notification:

None.
32 Attachment 1
ORDINANCE NO. 1813

AN ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF SAN CLEMENTE, CALIFORNIA,
APPROVING AMENDMENTS TO CHAPTER 15.04

OF THE SAN CLEMENTE MUNICIPAL CODE TITLE
15 - BUILDINGS AND CONSTRUCTION, RELATING

TO BUILDING REGULATIONS AND

CONSTRUCTION ENFORCEMENT, AND FINDING

THE ORDINANCE EXEMPT FROM THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT
(CEQA) PURSUANT TO CEQA GUIDELINES
SECTION 15378
WHEREAS, the City has adopted Title 15 of the San Clemente Municipal Code regulating buildings and construction within the City, and WHEREAS, Chapter 15.04 of the San Clemente Municipal Code establishes local administrative procedures governing enforcement of the California Building Standards Code, including permit administration, inspections, unsafe structures, appeals, and code enforcement procedures; and
WHEREAS, Chapter 15.04 was last comprehensively updated approximately in 2015, and since that time substantial changes have occurred in state law, California Building Standards Codes, municipal enforcement practices, housing legislation, and construction administration procedures; and
WHEREAS, the amendments in this Ordinance are intended to modernize and clarify administrative procedures, improve consistency with current California Building Standards Codes and applicable state law, strengthen enforcement authority, and enhance the City’s ability to protect public health, safety, and welfare; and WHEREAS, the amendments in this Ordinance include revisions related to the authority and duties of the Building Official, emergency safety procedures, correction notices, appeals procedures, temporary sanitation requirements, site stability evaluations, and home owners association notification procedures.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE DOES 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 City Council as fully set forth in this Ordinance.

SECTION 2: CEQA Findings. Based on a review of the record as a whole, the City Council finds that adoption of this Ordinance is exempt from the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Section 15378, because the 33 Ordinance No. 1813 Page 2
ordinance constitutes organizational and administrative activities of government that will not result in direct or indirect physical changes to the environment.

SECTION 3: Code Amendments. Chapter 15.04 of Title 15 of the San Clemente Municipal Code is hereby amended as set forth in Exhibit “A,” attached hereto and incorporated herein fully by this reference.

SECTION 4. Publication. The City Clerk shall certify to the adoption of this ordinance by the City Council and cause it, or a summary of it, to be published once within 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.

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. The City Clerk shall certify to the passage of this Ordinance and publish the same in the manner required by law, and this Ordinance shall take effect as provided by law.

SECTION 7. 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.

APPROVED AND ADOPTED AND SIGNED this _______, 2026
ATTEST:

City Clerk of the City of Rick Loeffler, Mayor of the
San Clemente, California San Clemente, California
34 Ordinance No. 1813 Page 3

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. 1813 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 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
35 EXHIBIT “A” TO ORDINANCE NO. 1813
Section 1. Section 15.04.010 is amended to read in its entirety as follows:

15.04.010 Building Official —Appointment.

The City Manager shall, with the approval of the City Council, appoint a Building Official for the City.

Section 2. Section 15.04.020 is amended to read in its entirety as follows:

15.04.020 Building Official —Powers and duties.

A. General:

The Building Official is hereby authorized and directed to enforce all of the provisions of this Code and to make all inspections pursuant to such enforcement powers. For such purposes, the Building Official shall have the powers of a law enforcement officer. The Building Official shall have the power to render interpretations of this Code and to enforce rules and supplemental regulations, policies, and procedures in order to clarify the application of its provisions. Such interpretations, rules, and supplemental regulations, policies, and procedures shall be in conformance with the intent and purpose of this Code. Such policies and procedures shall not have the effect of waiving requirements specifically provided for in this Code. The Building Official is authorized to make and enforce such guidelines and policies for the safeguarding of life, limb, health or property as may be necessary from time to time to carry out the purpose of this Code. The Building Official shall classify every building, or portion thereof, into one of the occupancies set forth in this Code according to its use or the character of its occupancy. The Building Official shall also classify every building into one of the types of construction as set forth in this Code.

B. Applications and Permits:

The Building Official shall receive applications, review construction documents and issue permits for the erection, construction, alteration, relocation, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every building or structure, inspect the premises for which such permits have been issued and enforce compliance with the provisions of this Code.

C. Inspections:

The Building Official shall make all of the required inspections, and the Building Official shall have the authority to accept reports of inspection by approved agencies or individuals. Reports of such inspections shall be in writing and be certified by a responsible officer of such approved agency or by the responsible individual. The Building Official is authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise, subject 36 to the City purchasing policy.

D. Emergency Powers:

1. Where the Building Official determines that an imminent life safety hazard exists in a building or with regard to a structure or premises, that requires immediate containment, correction or elimination, or other actions to protect public health and welfare, the Building Official or their designee may exercise any or all of the following powers in accordance with this chapter or the California Health and Safety Code (HSC), Sections 17910 to 17998.3 :
a. Order the immediate vacation of all persons and prohibit the occupancy, reentry, or use of the premises until the hazard has been fully abated and all repairs and other corrective actions have been completed with all required permits and inspection approvals;
b. Post the premises as unsafe, restricted use or dangerous, with a placard consistent with the most recent version on the Applied Technology website and regulate or condition entries thereon by all persons until an order to vacate and/or an order to not enter or restricted use is rescinded in writing;
c. Board, fence or secure the building, or structure, or the premises; d. Raze and grade any portion of the building, structure, or site that involves the imminent life safety hazard to prevent further collapse in order to protect public health, safety and welfare;
e. Make emergency repairs or undertake other actions as necessary to eliminate, correct, or contain any imminent life safety hazard; f. Cause any water, electrical, gas, mechanical, plumbing, or other system connections or installations that are, or could possibly be, affected by the hazard, or that could contribute to the hazard, to be disconnected or otherwise rendered inoperative; or
g. Take any other action as appropriate under the circumstances.

2. The Building Official or their designee shall comply with the following provisions when exercising emergency powers:
a. In determining the existence of an imminent life safety hazard, the Building Official or their designee shall conduct a personal inspection of the hazard and issue a brief written report identifying the nature, scope and condition of the hazard.
b. The Building Official or their designee shall give notice, setting forth the imminent life safety hazard found, to the owner, occupant, other responsible person or authorized representative of the building, structure or site upon which the hazardous condition exists and to the City Manager. If the Building Official or their designee determines that, under the circumstances, notice 37 cannot first be given or it is impractical to do so because of the nature of the hazard, emergency powers may be exercised without prior notice, but notice shall be given as soon as practicable thereafter.
c. The nature and scope of emergency powers to contain, eliminate, or correct the imminent life safety hazard level, or to protect public health, safety and welfare shall be determined by the Building Official or their designee.

3. The Building Official or their designee may, notwithstanding the exercise of any emergency powers, alternatively or concurrently exercise any remedy to address violations of this title.

Section 3. Section 15.04.030 is amended to read in its entirety as follows:

15.04.030 Certification of compliance with applicable declarations of covenants, conditions and restrictions (CC&Rs).

A. General:

1.Prior to the issuance of a building permit for any new residential structure, or for any addition, alteration, remodel, or other modification to an existing residential structure that affects or modifies the exterior appearance of the structure, the applicant shall be required to certify, on a form approved by the Building Official, that the proposed construction complies with any applicable CC&Rs. This requirement shall also apply to any proposed work within a condominium or common-interest development that occurs outside of the applicant’s individually owned airspace or exclusive use area.

2. In addition, for any interior improvement, alteration, or modification to a residential unit that is part of an attached or common-interest development subject to CC&Rs, the applicant shall similarly be required to certify that the proposed work has been reviewed and approved by the applicable homeowners’ association (as defined in Section 4080 of the California Civil Code) prior to permit issuance.

3. This certification requirement shall not apply to interior improvements to detached single-family residences that do not affect the exterior appearance of the structure.

4. Except as provided in subsection B of this section, when the approval of a homeowners' association is required for such proposed construction under the CC&Rs, the applicant shall also provide to the Building Official a document signed by an authorized representative of the association stating that such approval has been obtained and identifying the plans in sufficient detail to enable the Building Official to verify that the plans approved by the association are substantially the same as the plans being reviewed by the City. If the plans being reviewed by the City are substantially revised after the date that the applicant submits the required 38 certification and association approval, the applicant shall resubmit such certification and, if required, such approval on the basis of revised plans.

The Building Official may, but shall have no duty to require the building permit applicant to submit supporting information and to investigate the surrounding facts and circumstances to determine if the applicant's certification is correct and the authorization is valid.

B. Exceptions
Notwithstanding the provisions of subsection, A of this section, no building permit shall be denied on the basis of the applicant's failure to meet any of the requirements in subsection A of this section in any of the following circumstances:

1. A permit application for any of the following types of permits: (1) solar energy system (as defined in
Section 801.5(a) of the California Civil Code): (2) accessory dwelling units (ADUs) (as defined in
Government Code Section 65852.2, subdivision (i)); (3)
telecommunications facilities (as defined in
47 C.F.R Section 1.6100 (b) (7), implementing 47 U.S.C. Section 1455); or (4) electric vehicle charging
stations (as defined in Government Code Section 65850.7, subdivision (i)). When any of these
exceptions apply, the Building Official shall provide notice to the applicable association advising that
the City has approved the permit.

2. The City would be legally prohibited by applicable federal or state law from adopting or enforcing its own ordinances, rules or regulations to prohibit the construction or use proposed;

3. The applicant certifies that the proposed development does not violate any express provisions in applicable CC&Rs, but the applicant is unable to obtain the approval or signature of an authorized representative of the association because (a) the association is not active at the time approval is being sought, or (b) the association fails or refuses to meet, take final action upon, or report in writing regarding such action within one hundred eighty (180) days after the application for approval is submitted.

C. It is not the intent of the City Council by the adoption of the ordinance codified in this section to create a mandatory duty to any person to protect against the risk of any particular kind of injury.

Section 4. Section 15.04.040 is amended to read in its entirety as follows:
39 15.04.040 Requirements for sanitary facilities in connection with the construction of buildings.

A. General
No person shall commence or proceed with any construction work unless before commencing or proceeding with such work adequate and suitable sanitary facilities are provided for the use of persons employed on such work. The sanitary facilities provided shall be located upon the site upon which such work is being done, or in case it is impractical to locate such facilities upon the site, such sanitary facilities shall be located not more than two hundred fifty (250) feet from the site of the work. One (1) sanitary facility shall be provided for each twenty (20) persons or fraction thereof employed upon the work site.

B. Standards
Sanitary facilities required under subsection A above shall meet the following standards:

1. Toilet facilities shall provide a minimum area of eight (8) square feet, with a minimum width of two and one-half (2 ½ ) feet for each toilet seat. A minimum area of ten (10) square feet, with a minimum width of two and one-half (2 ½ ) feet, shall be required when a urinal is included. Sufficient additional space shall be included if handwashing facilities are within the facility.

2. Units housing toilet and handwashing facilities shall be rigidly constructed and their inside surfaces shall be of nonabsorbent material, smooth and readily cleanable.

3. Units housing toilet and handwashing facilities shall be ventilated and provided with self-closing doors, lockable from the inside and shall be securely locked from the outside when construction is not actively occurring.

Section 5. Section 15.04.050 is amended to read in its entirety as follows:

15.04.050 Correction Notice.

A. Definitions.
"Code Enforcement Officer" shall mean those City officials authorized by the City Manager to enforce provisions of this Code.
"Correction period" shall mean the period commencing with the Code Enforcement Officer's issuance of a correction notice and terminating fifteen (15) days thereafter.
"Responsible party" shall mean, jointly and severally, the owner of any real property and/or tenant, subtenant, lessee, sublessee, assignee or other person or entity with the right of use or occupancy of the property who maintains, allows, permits, causes to be maintained, allowed, or permitted, or aids or abets the 40 maintenance of any violation of Chapters 15.05 15.08, 15.11 15.12, 15.13, 15.14

15.16, 15.17, 15.18, 15.20, 15.22, or 15.23 of this Code on the real property.

B. General Penalty- Administrative Fines
The Community Development Director or their designee shall have the authority to issue a written correction notice to any responsible party whose property does not comply with the requirements of Chapters 15.05 15.08, 15.11 15.12,

15.13, 15.14, 15.16, 15.17, 15.18, 15.20, 15.22 or 15.23 of this Code. Such written correction notice shall reference the specific nonconformity and shall state that, if the nonconformity is not remedied within the correction period, the responsible party shall be subject to the provisions of SCMC Chapter 1.16 and Chapter 1.20.

C. Procedure.

Nothing in this section shall be construed to limit the authority of the City to take civil or penal action against any responsible party determined to be in violation of any City, state or federal law, rule, ordinance, resolution or regulation.

Section 6. Section 15.04.060 is amended to read in its entirety as follows:

15.04.060 Board of Appeal.

A. General
The Planning Commission for the City of San Clemente shall serve as the Board of Appeals for purposes of:

1. Hearing appeals of orders, decisions or determinations of the Building Official, as set forth in the California Building Code, relative to the application of the, Building, Residential, Wildland-Urban Interface, Energy, Green Building, Administrative, Housing, Electrical, Plumbing, Abatement of Dangerous Buildings, Historical, Existing Building and Mechanical Codes adopted by the City; and

2. Hearing appeals submitted pursuant to SCMC chapters 1.20 and 1.22.

Section 7. Section 15.04.070 is amended to read in its entirety as follows:

15.04.070 Site stability requirements.

A. Applicability.

The requirements of this section shall not apply to development located entirely outside an imaginary plane extending upward and inward at a ratio of three horizontal to one vertical (3:1) from the toe of a slope adjacent to the subject property. The imaginary plane shall extend from the toe of slope toward the subject property and shall apply only to the property adjacent to the slope.

Development located outside of these areas shall be presumed not to pose slope stability concerns and shall not be subject to the requirements of this section. 41 Notwithstanding the above, the City Engineer may require the application of this section where substantial evidence demonstrates that proposed development is located on, adjacent to, or within the zone of influence of a slope and does present a risk to slope stability.

B. Permit Issuance
The Building Official shall not issue a permit for the following unless the applicant demonstrates to the satisfaction of the Building Official that the land beneath and in the immediate vicinity of the building or structure upon which the development is proposed will, after the work for which a permit is sought, meet either subsection (C)(1) or (C)(2), below. The Building Official may waive this requirement for trellises, fences, free standing walls, glass windscreens, decks, flag poles and similar minor structures that, in the determination of the Building Official, do not pose a risk to slope stability.

1.The construction of a new building or structure,

2.The placement of a new building or structure on a permanent foundation,

3.The alteration of, or any addition to, the first story or basement of an existing building, including the addition of any footings/foundations on the property, or

4.The construction of, or alteration to any structure intended to increase the slope stability of any land or existing building.

C. Requirements.

1. The minimum stability requirements stated in the San Clemente Grading Manual, Appendix F (i.e., a slope stability factor of safety of at least 1.5 for static loads and 1.1 for pseudostatic loads) (herein, the "Minimum Factor of Safety"), or

2. Alternative stability requirements as may be approved by the City Engineer.
a. In addition, as a condition to the issuance of a permit that utilizes alternative slope stability requirements rather than the Minimum Factor of Safety, the applicant shall be required to record or cause to be recorded against the property for which the permit is being issued a covenant in favor of the City of San Clemente (herein, the "Covenant") that shall do all of the following:
i. acknowledge that the development will not achieve the Minimum Factor of Safety;
ii. covenant to implement and perform all mitigation measures that may be imposed on the issuance of the permit to achieve the highest slope stability factor of safety the Building Official, after consulting with the City Engineer, determines is feasible; iii. waive and release any claims and causes of action against the City of San Clemente and its officials, employees, and agents (collectively, the "City Parties") arising out of the development 42 that are proximately caused by the fact that the development will not or does not achieve the Minimum Factor of Safety;
iv. indemnify, defend, and hold harmless the City Parties from and against any claims, liabilities, losses, damages, costs (including attorney and expert fees) for personal injury or death, property damage, economic loss, or other damages or losses of any kind arising out of the development and based on the assertion that the development will not or does not achieve the Minimum Factor of Safety;
v. acknowledge that the City does not intend by adopting this Section 15.040.070 or by issuing, administering, or enforcing the permit approving the development to protect any person against the risk of a particular kind of injury within the meaning of California Government Code Section 815.6, nor to create any liability of the City to such person for failing to discharge any actual or alleged duty to such person that might otherwise exist; vi. agree that the Covenant shall run with the land in favor of the City and shall be binding upon all future owners of the property for which the permit is issued; and
vii. otherwise be in form and content acceptable to the City Attorney.

3. No permit shall be issued if there is a reasonable probability that the proposed project will cause a substantial risk to health or safety, substantial damage to one or more adjacent properties, roads, or utilities, or substantial damage to a structure over its useful life. 43 REDLINE VERSION OF EXHIBIT “A” TO ORDINANCE NO.

Section 1. Section 15.04.010 is amended to read in its entirety asfollows:

15.04.010 Building and Safety Superintendent Official —Appointment—Compensation.

The City Manager shall, with the approval of the City Council, appoint a Building and Safety Superintendent Official for the City, who shall receive as compensation for his or her services such fees or compensation as shall be determined by the City Council. (Prior code § 23-1)
Section 2. Section 15.04.020 is amended to read in its entirety asfollows:

15.04.020 Building and Safety Superintendent Official —Powers and duties.

It shall be the duty of the Building and Safety Superintendent to furnish to each person contemplating the construction of any building or structure within the City, or to any person contemplating installation or repair of any electrical wiring or equipment, plumbing or drainage systems, heating, ventilating, refrigeration or air conditioning facilities within the City a permit for such work upon the terms and conditions set forth in this code.

The Building and Safety Superintendent shall inspect in a thorough manner all buildings and facilities being erected or installed in the City to see that the construction and installation conforms to the requirements of this code and it shall be his or her duty to see that the terms and provisions of this code are complied with. The Building and Safety Superintendent shall examine all plans and specifications of contemplated buildings and improvements, alterations and repairs that are filed with the Building Department and see that they conform with this code before issuing a permit therefor.
(Prior code § 23-2)
A. General:

The Building Official is hereby authorized and directed to enforce all of the provisions of this Code and to make all inspections pursuant to such enforcement powers. For such purposes, the Building Official shall have the powers of a law enforcement officer. The Building Official shall have the power to render interpretations of this Code and to enforce rules and supplemental regulations, policies, and procedures in order to clarify the application of its provisions. Such interpretations, rules, and supplemental regulations, policies, and procedures shall be in conformance with the intent and purpose of this Code. Such policies and procedures shall not have the effect of waiving requirements specifically provided for in this Code. The Building Official is authorized to make and enforce such guidelines and policies for the safeguarding of life, limb, health or property as may be necessary from time to time to carry out the purpose of this Code. The Building Official shall classify every building, or portion thereof, into one of the occupancies set forth in this Code according to its use or the character of its occupancy.

The Building Official shall also classify every building into one of the types of construction as set forth in this Code.

B. Applications and Permits:

The Building Official shall receive applications, review construction documents and issue permits for the erection, construction, alteration, relocation, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every building or structure, inspect the premises for which such permits have been issued and enforce compliance with the provisions of this Code.

Attachment 2
44 C. Inspections:

The Building Official shall make all of the required inspections, and the Building Official shall have the authority to accept reports of inspection by approved agencies or individuals. Reports of such inspections shall be in writing and be certified by a responsible officer of such approved agency or by the responsible individual. The Building Official is authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise, subject to the City purchasing policy.

D. Emergency Powers:

1. Where the Building Official determines that an imminent life safety hazard exists in a building or with regard to a structure or premises, that requires immediate containment, correction or elimination, or other actions to protect public health and welfare, the Building Official or their designee may exercise any or all of the following powers in accordance with this chapter or the California Health and Safety Code (HSC), Sections 17910 to 17998.3:
a. Order the immediate vacation of all persons and prohibit the occupancy, reentry, or use of the premises until the hazard has been fully abated and all repairs and other corrective actions have been completed with all required permits and inspection approvals; b. Post the premises as unsafe, restricted use or dangerous, with a placard consistent with the most recent version on the Applied Technology website and regulate or condition entries thereon by all persons until an order to vacate and/or an order to not enter or restricted use is rescinded in writing; c. Board, fence or secure the building, or structure, or the premises; d. Raze and grade any portion of the building, structure, orsite that involves the imminent life safety hazard to prevent further collapse in order to protect public health, safety and welfare; e. Make emergency repairs or undertake other actions as necessary to eliminate, correct, or contain any imminent life safety hazard;
f. Cause any water, electrical, gas, mechanical, plumbing, or other system connections or installations that are, or could possibly be, affected by the hazard, or that could contribute to the hazard, to be disconnected or otherwise rendered inoperative; or
g. Take any other action as appropriate under the circumstances.

2. The Building Official or their designee shall comply with the following provisions when exercising emergency powers:
a. In determining the existence of an imminent life safety hazard, the Building Official or their designee shall conduct a personal inspection of the hazard and issue a brief written report identifying the nature, scope and condition of the hazard.
b. The Building Official or their designee shall give notice, setting forth the imminent life safety hazard found, to the owner, occupant, other responsible person or authorized representative of the building, structure or site upon which the hazardous condition exists and to the City Manager. If the Building Official or their designee determines that, under the circumstances, notice cannot first be given or it is impractical to do so because of the nature of the hazard, emergency powers may be exercised without prior notice, but notice shall be given as soon as practicable thereafter. c. The nature and scope of emergency powers to contain, eliminate, or correct the imminent life safety hazard level, or to protect public health, safety and welfare shall be determined by the Building Official or their designee.
45 3. The Building Official or their designee may, notwithstanding the exercise of any emergency powers, alternatively or concurrently exercise any remedy to address violations of this title.

Section 3. Section 15.04.030 is amended to read in its entirety asfollows:

15.04.030 Certification of compliance with applicable declarations of covenants, conditions and restrictions (CC&Rs).

A. General:

1.Prior to the issuance of a building permit for any new residential development structure, or for any addition, alteration, remodel, or other modification to an existing residential structure that affects or modifies the exterior appearance of the structure, the applicant shall be required to certify, on a form approved by the Building Official, that the proposed development construction complies with any declaration of covenants, conditions, and restrictions (CC&Rs) applicable CC&Rs. This requirement shall also apply to any proposed work within a condominium or common-interest development that occurs outside of the property applicant’s individually owned airspace or exclusive use area.

2. In addition, for any interior improvement, alteration, or modification to a residential unit that is part of an attached or common-interest development subject to CC&Rs, the applicant shall similarly be required to certify that the proposed work has been reviewed and approved by the applicable homeowners’ association (as defined in Section 4080 of the California Civil Code) prior to permit issuance.

3. This certification requirement shall not apply to interior improvements to detached single-family residences that do not affect the exterior appearance of the structure.

4. Except as provided in subsection B of this section, when the approval of a homeowners' association, architectural review committee or art jury (collectively "association") is required for such development proposed construction under the CC&Rs, the applicant shall also provide to the Building Official a document signed by an authorized representative of the association stating that such approval has been obtained and identifying the plans in sufficient detail to enable the Building Official to verify that the plans approved by the association are substantially the same as the plans being reviewed by the City.

If the exterior architectural treatment, size, location, or elevations of If the plans being reviewed by the City are substantially revised after the date that the applicant submits the required certification and association approval, the Building Official applicant shall require that resubmit such certification and, if required, such approval be resubmitted on the basis of revised plans. The Building Official may, but shall have no duty to require the building permit applicant to submit supporting information and to investigate the surrounding facts and circumstances to determine if the applicant's certification is correct and the authorization is valid.

Exception: The City shall not condition approval of a solar energy system (as defined in Section 801.5(a) of the California Civil Code) permit application on the approval of an association (as defined in Section 4080 of the California Civil Code).

B. Exceptions
Notwithstanding the provisions of subsection, A of this section, no building permit shall be denied on the basis of the applicant's failure to meet any of the requirements in subsection A of this section in any of the following circumstances:

1. A permit application for any of the following types of permits: (1) solar energy system (as defined in 46 Section 801.5(a) of the California Civil Code): (2) accessory dwelling units (ADUs) (as defined in Government Code Section 65852.2,subdivision (i)); (3) telecommunications facilities (as defined in 47 C.F.R Section 1.6100 (b) (7), implementing 47 U.S.C. Section 1455); or (4) electric vehicle charging stations (as defined in Government Code Section 65850.7, subdivision (i)). When any of these exceptions apply, the Building Official shall provide notice to the applicable association advising that the City has approved the permit.

2. The City would be legally prohibited by applicable federal or state law from adopting or enforcing its own ordinances, rules or regulations to prohibit the construction or use proposed;

3. The applicant certifies that the proposed development does not violate any express provisions in applicable CC&Rs, but the applicant is unable to obtain the approval or signature of an authorized representative of the association because (a) the association is not active at the time approval is being sought, or (b) the association fails or refuses to meet, take final action upon, or report in writing regarding such action within one hundred eighty (180) days after the application for approval is submitted.

C. It is not the intent of the City Council by the adoption of the ordinance codified in this section to create a mandatory duty to any person to protect against the risk of any particular kind of injury. (Prior code § 23-3)
(Ord. No. 1600, § 2, 8-4-2015)
Section 4. Section 15.04.040 is amended to read in its entirety asfollows:

15.04.040 Requirements for sanitary facilities in connection with the construction of buildings.

A. General
No person shall commence or proceed with any construction work unless before commencing or proceeding with such work adequate and suitable sanitary facilities are provided for the use of persons employed on such work. The sanitary facilities provided shall be located upon the site upon which such work is being done, or in case it is impractical to locate such facilities upon the site, such sanitary facilities shall be located not more than two hundred fifty (250) feet from the site of the work. One (1) sanitary facility shall be provided for each twenty-five (25 (20) persons or fraction thereof employed upon the work site.

B. All sanitary facilities shall be completely enclosed on all sides and shall be equipped with a self-closing door.

The floor of the enclosure shall be six (6) inches above ground level and shall be smooth. All sanitary facility enclosures shall have an inside area of at least twelve and one-half (12½) square feet for each sanitary facility enclosed. Each sanitary enclosure shall contain at least one (1) sanitary facility with self-closing seat and cover. The ceiling height of the sanitary enclosure shall be a minimum of six (6) feet six (6) inches, with battens over cracks, as illustrated in a drawing or sketch filed with the City Clerk and approved by the City Council simultaneously with the introduction of this section and designated as "Temporary Sanitary Facilities Sketch," reference to which is hereby made and by such reference the same is incorporated as a part of this section.

C. On work employing not more than fifteen (15) persons at any time on a premises that does not abut any street, alley or easement in which a public sewer is available for connection, or for the erection of a single dwelling, a pit privy may be maintained in lieu of the sanitary facilities referred to in subsection B of this section. The privy vault shall be at least three (3) feet in depth and not less than six (6) square feet in area. 47 No privy shall be constructed or maintained within fifteen (15) feet of the property line or within ten (10) feet of any sidewalk or public way, and shall be restricted to the property the building permit is for. No privy shall be built or maintained within a radius of two hundred (200) feet of any grocery store, delicatessen, meat market, public eating place or school, or within one hundred (100) feet of a water well. Whenever the use of a privy vault is discontinued, the vault contents shall be covered to a depth of not less than one (1) foot with compacted earth.
(Prior code § 23-6)
B. Standards
Sanitary facilities required under subsection A above shall meet the following standards:

1. Toilet facilities shall provide a minimum area of eight (8) square feet, with a minimum width of two and one-half (2 ½ ) feet for each toilet seat. A minimum area of ten (10) square feet, with a minimum width of two and one-half (2 ½ ) feet, shall be required when a urinal is included.

Sufficient additional space shall be included if handwashing facilities are within the facility.

2. Units housing toilet and handwashing facilities shall be rigidly constructed and their inside surfaces shall be of nonabsorbent material, smooth and readily cleanable.

3. Units housing toilet and handwashing facilities shall be ventilated and provided with self-closing doors, lockable from the inside and shall be securely locked from the outside when construction is not actively occurring.

Section 5. Section 15.04.050 is amended to read in its entirety asfollows:

15.04.050 Reinspection fee. Correction Notice.

A. Definitions.
"Code Enforcement Officer" shall mean those City officials authorized by the City Manager to enforce provisions of this Code.
"Grace Correction period" shall mean the period commencing with the Code Enforcement Officer's issuance of a correction notice and terminating thirty (30fifteen (15) days thereafter. "Responsible party" shall mean, jointly and severally, the owner of any real property and/or tenant, subtenant, lessee, sublessee, assignee or other person or entity with the right of use or occupancy of the property who maintains, allows, permits, causes to be maintained, allowed, or permitted, or aids or abets the maintenance of any violation of Chapters 15.05 15.08, 15.11 15.12, 15.13, 15.14 15.16, 15.17, 15.18,

15.20 and, 15.8022, or 15.23 of this Code on the real property.

B. Correction Notice.

1. B. General Penalty- Administrative Fines
The Code Enforcement Officer Community Development Director or their designee shall have the authority to issue a written correction notice to any responsible party whose property does not comply with the requirements of Chapters 15.05 15.08, 15.11 15.12, 15.13, 15.14, 15.16, 15.17, 15.18, 15.20 and,

15.8022 or 15.23 of this Code. Such written correction notice shall reference the specific nonconformity 48 and shall state that, if the nonconformity is not remedied within the grace correction period, the responsible party shall be charged a reinspection fee or fees in an amount established by resolution subject to the provisions of the City Council. The notice shall also include the telephone number at which the Code Enforcement Officer may be reached for scheduling the requisite reinspection. SCMC Chapter 1.16 and Chapter 1.20.

2. The notice shall be served upon the responsible party in the following manner:
a. By depositing the notice in the United States mail, first class postage prepaid, addressed to the responsible party at the property upon which the nonconformity exists, and to the responsible party's address as shown on the latest equalized assessment roll if different from the property address; and
b. If deemed necessary in the opinion of the Code Enforcement Officer, by personal delivery to the responsible party or another individual who is over eighteen (18) years old at the address of the responsible party.

C. Procedure. Once the Code Enforcement Officer provides a written correction notice to a responsible party, the responsible party shall have thirty (30) days to correct the nonconformity and schedule a reinspection. If the responsible party has not corrected the nonconformity and scheduled the reinspection prior to the expiration of the grace period, or if the reinspection after the expiration of the grace period reveals that the nonconformity has not been corrected, the responsible party shall be charged the reinspection fee pursuant to subsection D of this section. In the event that the nonconformity has not been corrected after the original reinspection, the Code Enforcement Officer shall have the authority to issue one (1) additional correction notice providing the responsible party with an additional seven (7) days to correct the nonconformity. The responsible party shall be charged the reinspection fee for each and every subsequent reinspection of the property until such time as the nonconformity has been corrected.

D. Invoice. The City shall provide the responsible party with an invoice itemizing the reinspection fees owed to the City. The invoice shall be treated as an account receivable by the City and, if not paid in a timely fashion, shall be subject to the City's established policy for delinquent accounts receivable.

E. New Procedure.

C. Procedure.

Nothing in this section shall be construed to limit the authority of the Code Enforcement Officer or the City Attorney City to take civil or penal action against any responsible party determined to be in violation of any City, state or federal law, rule, ordinance, resolution or regulation. (Prior code § 23-8)
Section 6. Section 15.04.060 is amended to read in its entirety asfollows:

15.04.060 Board of Appeal.

A. General
The Planning Commission for the City of San Clemente shall serve as the Board of Appeals for purposes of appeal procedures set forth in the Building, Housing, Electrical, Swimming Pool, Plumbing, Abatement of Dangerous Buildings and Mechanical Codes adopted by the City. of:
(Ord. 1166 § 3, 1995: prior code § 24-3)
49 1. Hearing appeals of orders, decisions or determinations of the Building Official, as set forth in the California Building Code, relative to the application of the, Building, Residential, Wildland-Urban Interface, Energy, Green Building, Administrative, Housing, Electrical, Plumbing, Abatement of Dangerous Buildings, Historical, Existing Building and Mechanical Codes adopted by the City; and

2. Hearing appeals submitted pursuant to SCMC chapters 1.20 and 1.22.

Section 7. Section 15.04.070 is amended to read in its entirety asfollows:

15.04.070 Site stability requirements.

A. The building official shall not issue a permit for:

1. the construction of a new building or structure,

2. the placement of a new building or structure on a permanent foundation,

3. the alteration of or any addition to an existing building that increases the square footage of interior space,

4. the construction or alteration of any structure intended to increase the stability of any land or existing building, or

5. the alteration of an existing building or structure in a way that reduces the stability of the land upon which the building or structure is located
A. Applicability.

The requirements of this section shall not apply to development located entirely outside an imaginary plane extending upward and inward at a ratio of three horizontal to one vertical (3:1) from the toe of a slope adjacent to the subject property. The imaginary plane shall extend from the toe of slope toward the subject property and shall apply only to the property adjacent to the slope.

Development located outside of these areas shall be presumed not to pose slope stability concerns and shall not be subject to the requirements of this section. Notwithstanding the above, the City Engineer may require the application of this section where substantial evidence demonstrates that proposed development is located on, adjacent to, or within the zone of influence of a slope and does present a risk to slope stability.

B. Permit Issuance
The Building Official shall not issue a permit for the following unless the applicant demonstrates to the satisfaction of the Building Official that the land beneath and in the immediate vicinity of the building or structure upon which the development is proposed will, after the work for which a permit is sought, meet either (B subsection (C)(1) or (BC)(2), below. The Building Official may waive this requirement for trellises, wooden fences, free standing walls, glass windscreens, decks less than 50 square feet in area, flag poles and similar minor structures that, in the determination of the Building Official, do not pose a risk to slope stability.

B.

1. the construction of a new building or structure,

2. the placement of a new building or structure on a permanent foundation,

3. the alteration of, or any addition to, the first story or basement of an existing building, including the addition of any footings/foundations on the property, or 50 4. the construction of, or alteration to any structure intended to increase the slope stability of any land or existing building
C. Requirements.

1. The minimum stability requirements stated in the San Clemente Grading Manual, Appendix F (i.e., a slope stability factor of safety on shear strength of at least 1.5 for static loads and 1.1 for pseudostatic loads) (herein, the "Minimum Factor of Safety"), or

2. Alternative stability requirements as may be approved by the City Engineer. a. No permit shall be issued if there is a reasonable probability that the proposed project will cause a substantial risk to health or safety, substantial damage to one or more adjacent properties, roads, or utilities, or substantial damage to a structure over its useful life. ba. In addition, as a condition to the issuance of a permit that utilizes alternative slope stability requirements rather than the Minimum Factor of Safety, the applicant shall be required to record or cause to be recorded against the property for which the permit is being issued a covenant in favor of the City of San Clemente (herein, the "Covenant") that shall do all of the following:
(1)i. acknowledge that the development will not achieve the Minimum Factor of Safety; (2)ii. covenant to implement and perform all mitigation measures that may be imposed on the issuance of the permit to achieve the highest slope stability factor of safety the Building Official, after consulting with the City Engineer, determines is feasible; (3) iii. waive and release any claims and causes of action against the City of San Clemente and its officials, employees, and agents (collectively, the "City Parties") arising out of the development that are proximately caused by the fact that the development will not or does not achieve the Minimum Factor of Safety;
(4)iv. indemnify, defend, and hold harmless the City Parties from and against any claims, liabilities, and losses losses, damages, costs (including attorney and expert fees) for personal injury or death, property damage, economic loss, or other damages or losses of any kind arising out of the development and based on the assertion that the development will not or does not achieve the Minimum Factor of Safety; (5) v. acknowledge that the City does not intend by adopting this Section 15.040.070 or by issuing, administering, or enforcing the permit approving the development to protect any person against the risk of a particular kind of injury within the meaning of California Government Code Section 815.6, nor to create any liability of the City to such person for failing to discharge any actual or alleged duty to such person that might otherwise exist; (6) vi. agree that the Covenant shall run with the land in favor of the City and shall be binding upon all future owners of the property for which the permit is issued; and (7) vii. otherwise be in form and content acceptable to the City Attorney.

3. No permit shall be issued if there is a reasonable probability that the proposed project will cause a substantial risk to health or safety, substantial damage to one or more adjacent properties, roads, or utilities, or substantial damage to a structure over its useful life.(Ord. No. 1527, § 1, 12-7-2010) Editor's note(s)—It should be noted that § 2 of Ord. No. 1527, adopted December 7, 2010, provides "New section

15.04.070 is being added to Chapter 15.04 of the San Clemente Municipal Code ("Administrative Provisions") to better define when a building permit will not be issued for construction of a new building or structure, an 51 addition or alteration that increases the interior square footage of an existing building, or an alteration of an existing building in a way that reduces the stability of the land upon which the building or structure is located. This code addition is made due to the general findings listed below:

I. Topographical conditions:

A. Natural slopes of 15 percent or greater generally occur throughout the City. The elevation change caused by the hills creates the geological foundation on which communities within the City are built and will continue to be built. With much of the populated flatlands within the City already built upon, a higher proportion of future growth is likely to be proposed and occur on steeper slopes with greater constraints in terrain.

II. Geological conditions:

A. The City is a densely populated area that has buildings constructed over and/or near a vast and complex network of faults that are believed to be capable of producing future earthquakes similar or greater in size than the 1994 Northridge and the 1971 Sylmar earthquakes. Earthquake faults run along the northeast and southwest boundaries of Orange County. The Newport-Inglewood Fault, located within Orange County, was the source of the destructive 1933 Long Beach earthquake (6.3 magnitude) which took 120 lives and damaged buildings in an area that ran from Laguna Beach to Marina del Rey to Whittier. In December 1989, another earthquake occurred in the City of Irvine at an unknown fault line. Regional planning for earthquakes is recommended by the State of California, Department of Conservation.

B. Road circulation features located throughout the City also make these amendments reasonably necessary.

There are major roadways, highways and flood control channels that create barriers and slow response times. Hills, slopes, and street and storm drain design accompanied by occasional heavy rainfall cause roadway flooding and landslides and at times may make an emergency access route impassable.

C. Expansive soils throughout the City combined with predominant hillside conditions, ancient landslides, groundwater and occasional flooding raise the potential for ground slippage, ground erosion, slope failure, and building damage.
52 Attachment 3
Building Division 910 Calle Negocio, Suite 100 San Clemente CA 92673 www.san-clemente.org
City of San Clemente
Building Division
[NAME], [TITLE]
Phone: [PHONE NUMBER]
[NAME]@San-Clemente.org
[Date]
[Name]
[Address]
Re: Application [Address]
Dear [Name],
This is to inform you that the City has approved a ------- permit at the address listed above.

Per California state law and San Clemente Municipal Code (SCMC) Section 15.04.030 (exception), the City shall not condition approval of a permit application on the approval of an association (as defined in Section 4080 of the California Civil Code) for any of the following types of permits: (1) solar energy system (as defined in Section 801.5(a) of the California Civil Code): (2) accessory dwelling units (ADUs) (as defined in Government Code Section 65852.2, subdivision (i)); (3) telecommunications facilities (as defined in 47 C.F.R. Section 1.6100 (b) (7), implementing 47 U.S.C. Section 1455); or (4) electric vehicle charging stations (as defined in Government Code Section 65850.7, subdivision (i)). When any of these exceptions apply, the City provides notice to the applicable association advising that the City has approved the permit.

While SCMC 15.04.030 requires the City to verify HOA approval of certain residential construction plans, state law prohibits and the City does not require verification of HOA approval for this project. This notice is being provided as a courtesy.

Sincerely,
[NAME]
[TITLE]
Building Division
53 Attachment 4
Building Division 910 Calle Negocio, Suite 100 San Clemente, CA 92673 http://san-clemente.org
City of San Clemente
Building Division
Slope Stability Soils Engineer Statement
Date:__________________________________________
Applicant:_____________________________________________ _______________________________________________
_______________________________________________
Soils Engineer:_________________________________________ _________________________________________
_________________________________________
Permit Number:_______________________________
Dear Applicant,
Minimum stability factors of safety on shear strength of at least 1.5 for static loads and

1.1 for pseudostatic loads have not been documented in compliance with SCMC

15.04.070.C.1 and therefore a slope stability covenant agreement is required.

As part of the covenant process, the soils engineer is required to produce a memo attesting to the conditions stated under SCMC 15.04.070.C.2 and formally request a hold harmless covenant. This memo shall be signed with their professional stamp.

In addition, the soils engineer’s memo must state “the alteration of the existing building or structure does not in any way reduce the stability of the land upon which the building or structure is located, and that the proposed project will not cause a substantial risk to health or safety, substantial damage to one or more adjacent properties, roads, or utilities, or substantial damage to a structure over its useful life.” Please have your soils engineer produce such a letter to be included with the building permit documents.
54 Attachment 5
Building Division 910 Calle Negocio, Suite 100 San Clemente, CA 92673 http://san-clemente.org
City of San Clemente
Building Division
City Building Official
Slope Stability Soils Engineer Statement
Date:__________________________________________
Applicant:_____________________________________________ _______________________________________________
_______________________________________________
Soils Engineer:_________________________________________ _________________________________________
_________________________________________
Permit Number:_______________________________
Dear City Engineer,
The above noted project has not proven minimum stability factors of safety on shear strength of at least 1.5 for static loads and 1.1 for pseudostatic loads in compliance with SCMC 15.04.070.C.1 and therefore a slope stability covenant agreement is required.

The soils engineer has produced a memo attesting to the conditions stated under SCMC

15.04.070.C.2 and formally requested a hold harmless covenant. This memo was signed with their professional stamp.

In addition, the soils engineer’s memo has stated “the alteration of the existing building or structure does not in any way reduce the stability of the land upon which the building or structure is located, and that the proposed project will not cause a substantial risk to health or safety, substantial damage to one or more adjacent properties, roads, or utilities, or substantial damage to a structure over its useful life.” Please process a slope stability covenant to be included with the building permit documents.
55 910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: September 15, 2026 Agenda Item: 10B.

Submitted By: City Clerk
Prepared By: Laura Campagnolo, City Clerk
Subject:
..titl e
ESTABLISHMENT OF CITY COUNCIL MEETING SCHEDULE FOR 2027 ..body Summary:

In 2024, the City Council adopted a Resolution to establish the annual City Council meeting calendar. At that time, the City Council formalized by Resolution the Legislative Break in July of each year, and consolidated the December meetings into one meeting mid-Month in order to allow for election results to be certified while still allowing time for the holidays and formally cancelling the first meeting in January.

Additionally, in 2023, the City Council asked that each year, Staff take into consideration the Capistrano Unified School District schedule to allow the City Council to determine whether or not to cancel City Council meetings that conflict with school holiday schedules. In 2027, Capistrano Unified School District has its scheduled Spring Recess from April 5 – April 9, 2027. The City Council may wish to cancel its meeting of April 6, 2027 to align with the school recess.

It should be noted that when City business necessitates, meetings can be added back to the schedule based on City Councilmember availability.

Considerations Identified by Staff:

Cancelling the April 6, 2027 City Council meeting, which falls during Capistrano Unified School District’s spring recess, takes into consideration travel schedules and outside conflicts of our residents. Rescheduling matters to the next regularly scheduled meeting, as appropriate, ensures that essential City business continues while allowing the community to benefit from a brief pause in the regular meeting schedule.

Council Options:
 Take no action.
 Request Staff to return with additional information.
 Cancel the City Council meeting of April 6, 2027.

Environmental Review/Analysis:

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

Fiscal Impact:

There is no fiscal impact associated with the cancellation of a City Council meeting. 56 Meeting Date: September 15, 2026 Agenda Item: 10B.

CITY OF SAN CLEMENTE 2
Potential Action(s):
..recommendation
If the City Council chooses to cancel the April 6, 2027 City Council meeting to align with the Capistrano Unified School District Spring Recess, moving this item without modifications would result in the adoption of Resolution No. 26-152 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, CANCELLING THE APRIL 6, 2027 CITY COUNCIL MEETING.
..end
Attachment:

1. Resolution No. 26-152
Notification:

None.
57 Attachment 1
RESOLUTION NO. 26-152

RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF SAN CLEMENTE, CALIFORNIA, CANCELLING THE
APRIL 6, 2027 CITY COUNCIL MEETING
WHEREAS, the City Council of the City of San Clemente meets the first and third Tuesday of each month; and
WHEREAS, the City Council modifies its schedule each year to accommodate various items; and
WHEREAS, the City Council has determined to cancel its meeting of April 6, 2027 to align with the Capistrano Unified School District Spring Recess; and WHEREAS, if City business necessitates, City Council meetings can be added back to the schedule based on City Councilmember availability.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Clemente that:

SECTION 1. The City Council does hereby vote to cancel the City Council meeting of April 6, 2027 to align with the Capistrano Unified School District Spring Recess.

SECTION 2. 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 San Clemente, California of San Clemente, California
58 Resolution No. 26-152 Page 2

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. 26-152 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
59 910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: September 15, 2026 Agenda Item: (1)
60 910 Calle Negocio
2nd Floor
San Clemente, California
www.sanclemente.gov
Council Chambers

CITY OF SAN CLEMENTE
Tuesday, September 1, 2026
City Council
Regular Meeting Minutes
4:30 p.m. Closed Session
5:30 p.m. Business Meeting
Mayor Loeffler
Mayor Pro Tem Knoblock
Councilmember Cabral
Councilmember Enmeier
Councilmember Wu
These minutes reflect the order in which items appeared on the meeting agenda and do not necessarily reflect the order in which items were actually considered.

A Regular Meeting of the San Clemente City Council was called to order by Mayor Loeffler on September 1, 2026 at 4:30 p.m. in the San Clemente City Council Chambers, located at 910 Calle Negocio, 2nd Floor, San Clemente.

PRESENT: Cabral, Enmeier, Knoblock, Wu and Mayor Loeffler STAFF PRESENT: Andy Hall, City Manager; Elizabeth Mitchell, City Attorney; Laura Campagnolo, City Clerk; Megan Jimenez, Deputy City Clerk

CLOSED SESSION
Motion by Councilmember Cabral, second by Councilmember Wu, CARRIED 5-0, to recess to Closed Session at 4:31 p.m. to discuss the following:

A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Existing litigation pursuant to Government Code Section 54956.9(d)(1) Number of Cases: 1
Case Name: VM Development II, LLC v. City of San Clemente, Orange County Superior Court Case No.: 30-2025-01512943-CU-WM-CJC B. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Discussion concerning real property transactions in compliance with Government Code section 54956.8 regarding:

1. Real Property Negotiations: APN: None
Property: Coastal Rail Stabilization Project Area 3 (Mariposa Point Beach Trail)
City Negotiators: Andy Hall, City Manager; Brian Brower, Assistant City Manager; Dave Rebensdorf, Public Works Director/City Engineer Negotiating Parties: Orange County Transportation Authority (OCTA) Under Negotiations: Terms for the License Agreement

61 City Council Regular Meeting Minutes September 1, 2026

2. Real Property Negotiations: APN: None
Property: Potential lease of City Right-of-Way located between 242 Avenida Del Mar and 218 Avenida Del Mar (Farmers Market) City Negotiators: Andy Hall, City Manager; Brian Brower, Assistant City Manager; Samantha Wylie, Beaches, Parks and Recreation Director Negotiating Parties: Introduction Unlimited, Inc.

Under Negotiations: Terms for potential lease for the Farmers Market AYE: Cabral, Enmeier, Knoblock, Wu and Mayor Loeffler
NOE: None
Closed Session concluded at 4:59 p.m.

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

INVOCATION
Ryder Steimle, San Clemente Stake Interfaith Specialist, Church of Jesus Christ of Latter-Day Saints, gave the invocation.

PLEDGE OF ALLEGIANCE
Donna Vidrine led the Pledge of Allegiance.

1. Special Presentations
1A. PRESENTATION OF PROCLAMATION – WILDFIRE AWARENESS AND

PREVENTION AND ORANGE COUNTY FIRE AUTHORITY (OCFA) UPDATE The City Council presented a proclamation to Orange County Fire Authority Division Chief Maule recognizing Wildfire Awareness and Prevention.

Orange County Fire Authority Division Chief Maule narrated a PowerPoint presentation entitled "OCFA Report Out" and responded to City Council inquiries. A hard copy of the presentation is on file with the City Clerk.

62 City Council Regular Meeting Minutes September 1, 2026

2. Council Member Reports
Councilmember Cabral:
· Attended the Orange County Fire Authority Wildland Resource Center ground breaking ceremony in Rancho Mission Viejo.
· Attended the San Onofre Nuclear Generating Station (SONGS) Community Engagement Panel meeting on August 27, 2026.
· Attended the Cal Cities Orange County Division meeting on August 27, 2026. · Attended a meeting with Orange County Transportation Authority (OCTA) Director DarrellJohnson concerning sand placement on San Clemente beaches.
· Attended the Golf Course Committee Pro Shop interviews on August 26, 2026.
· Attended a meeting with Transportation Corridor Agency Director Ryan Chamberlain.
· Attended two events with Congressman Levin.
· Met with former member of the Olympic Surfing Team.
· Attended the San Clemente Surf Classic Soccer Tournament on August 29- 30, 2026.
· Announced the Love to Serve San Clemente day of service on September 12, 2026.

Councilmember Enmeier:
· Attended a meeting with the Pacifica Institute on August 25, 2026. · Attended the Sunset Symphony on August 27, 2026 at Ole Hanson Beach Club.
· Attended a town hall meeting with Congressman Levin on August 28, 2026.

Councilmember Wu:
· Attended the OC Mosquito and Vector Control Board meeting on August 20, 2026.
· Attended a town hall meeting with Congressman Levin on August 28, 2026.

Mayor Pro Tem Knoblock:
· Attended meetings with Congressman Levin.
· Attended San Clemente Chamber of Commerce ribbon cutting ceremonies. · Attended a meeting with State Senator Strickland and announced a $1 million dollar grant for the City to use on sand replenishment.

Mayor Loeffler:
· Met with Capistrano Unified School District Superintendent on August 20, 2026.
· Attended the San Clemente Rotary Club Clean California Community Designation sign unveiling on August 20, 2026.
· Attended the Friends of San Clemente Beaches, Parks and Recreation

63 City Council Regular Meeting Minutes September 1, 2026 meeting on August 20, 2026.
· Attended the San Clemente Chamber of Commerce Young Innovators Mixer on August 20, 2026.
· Attended the Pentatonic Logic Guitar Studio ribbon cutting ceremony on August 21, 2026.
· Presented a certificate to Jeanie Lindenberger in recognition of her 101st Birthday.
· Met with Key Informant Group concerning a smoking ban on August 25, 2026.
· Met with residents concerning Del Mar beautification on August 25, 2026. · Attended the San Clemente Chamber of Commerce Community Affairs meeting concerning government updates on August 26, 2026. · Attended the Sunset Symphony at Ole Hanson Beach Club on August 27, 2026.
· Attended the Assisted Living Locators and Senior Helpers of Coastal Orange County Ribbon Cutting Ceremonies on August 28, 2026.
· Attended a town hall meeting with Congressman Levin on August 28, 2026. · Attended a briefing on August 31, 2026.
· Recognized Orange County Sheriff's Department (OCSD) for their traffic control for the first week of school.
· Displayed a slide concerning Orange County Transportation Authority (OCTA) sand placement timeline. A hard copy of the presentation is on file with the City Clerk.

3. Oral Communications (Part 1)
Michael Wechsberg, San Clemente, narrated a PowerPoint presentation concerning the Laguna Beach Hospital closure by January 2030. A hard copy of the presentation is on file with the City Clerk.

Lois McNicoll opined on sand replenishment vs. sand restoration.

Stacy Smith, San Clemente, commented on surveillance cameras within the City.

Alex Guess urged the City Council to adopt e-bike safety regulations. Submitted information concerning the youth safety petition he organized, which is on file with the City Clerk.

Tony Hays, San Clemente, opined that young e-bike riders should be required to wear safety vests.

Timothy Neely, San Clemente, spoke on surveillance cameras; commented on light pollution within the City.

64 City Council Regular Meeting Minutes September 1, 2026

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

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

No reportable action concerning:

A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Existing litigation pursuant to Government Code Section 54956.9(d)(1) Number of Cases: 1
Case Name: VM Development II, LLC v. City of San Clemente, Orange County Superior Court Case No.: 30-2025-01512943-CU-WM-CJC No reportable action concerning:

B. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Discussion concerning real property transactions in compliance with Government Code section 54956.8 regarding:

1. Real Property Negotiations: APN: None
Property: Coastal Rail Stabilization Project Area 3 (Mariposa Point Beach Trail)
City Negotiators: Andy Hall, City Manager; Brian Brower, Assistant City Manager; Dave Rebensdorf, Public Works Director/City Engineer Negotiating Parties: Orange County Transportation Authority (OCTA) Under Negotiations: Terms for the License Agreement

2. Real Property Negotiations: APN: None
Property: Potential lease of City Right-of-Way located between 242 Avenida Del Mar and 218 Avenida Del Mar (Farmers Market) City Negotiators: Andy Hall, City Manager; Brian Brower, Assistant City Manager; Samantha Wylie, Beaches, Parks and Recreation Director Negotiating Parties: Introduction Unlimited, Inc.

65 City Council Regular Meeting Minutes September 1, 2026 Under Negotiations: Terms for potential lease for the Farmers Market

7. Staff Communications
City Manager Hall announed that the City will monitor the anticipated high surf over the holiday weekend (September 5-7, 2026) and the City may close the pier to protect the public. Urged beach goers to use caution when recreating around the pier.

8. Public Hearings
None.

9. Unfinished Business
None.

10. New Business
10A. 2026 UPDATED DRAFT SAN CLEMENTE COASTAL STRATEGIC PLAN Coastal Administrator Meyerhoff narrated a PowerPoint presentation entitled "Coastal Strategic Plan" and responded to City Council inquiries. A hard copy of the presentation is on file with the City Clerk.

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

Joe Wilson, Save our Beaches San Clemente, spoke on funding availability and actual costs to get sand on San Clemente beaches.

Councilmember Cabral displayed a PowerPoint presentation concerning the condition of the beach at Cyprus Shores as it relates to the placement of rip rap by the Orange County Transportation Authority (OCTA). A hard copy of the presentation is on file with the City Clerk.

Following discussion, there was City Council consensus to accept the updated Coastal Strategic Plan and direct staff to continue to pursue implementing the projects in the 2026 Updated Draft Coastal Strategic Plan.

66 City Council Regular Meeting Minutes September 1, 2026 10B. CONSIDERATION OF A RESOLUTION ADOPTING A REVISED PENSION INVESTMENT POLICY NO 202-2
Assistant City Manager Brower reviewed the contents of the Administrative Report and responded to City Council inquiries.

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

Adopt of Resolution No. 26-145, which would repeal and replace Policy and Procedure 202-2 (dated December 18, 2013) and adopt a revised Pension Investments Policy and Procedure.

AYE: Cabral, Enmeier, Knoblock, Wu and Mayor Loeffler
NOE: None
10C. REVIEW OF CITY POLICY RELATED TO CITY COUNCILMEMBERS

CONDUCTING PRESS CONFERENCES AND POTENTIAL DISCUSSION OF

POLICY CHANGES
Amanda Quintanilla narrated a PowerPoint presentation entitled "Press Conference". A hard copy of the presentation is on file with the City Clerk.

Motion by Councilmember Enmeier, second by Councilmember Wu, to direct staff to return with a policy that all city councilmembers are notified of any press conferences.

Substitute motion by Mayor Pro Tem Knoblock, second by Councilmember Cabral, CARRIED 3-2 (Councilmember Wu and Councilmember Enmeier voting NOE), to table this item and take no action.

AYE: Cabral, Knoblock and Mayor Loeffler
NOE: Enmeier and Wu
Meeting Recess
The meeting recessed at 7:20 p.m. and reconvened at 7:29 p.m. with all City Councilmembers present.

67 City Council Regular Meeting Minutes September 1, 2026 10D. CONSIDERATION OF A RESOLUTION TAKING A POSITION ON PROPOSITION 39
The following individuals spoke in support of the proposed resolution:

Amanda Quintanilla
Kattie D.

Joanie
Tammy W.

Victor
Mary H.

Shan K.

Lisa H, San Clemente
Kathleen W.

Michelle O'Brien
John Black, San Clemente
Catherine Robinson
Brett Freeman, San Clemente
Tony Rubolino, narrated a Power Point Presentation entitled "Proposition 39:

Voter Identification. A hard copy is on file with the City Clerk.

The following individuals spoke in opposition of the proposed resolution:

Linda Moore, San Clemente
Linda Hackwith, San Clemente
Louise Herbert, San Clemente
Catherine Hall, San Clemente
Donna Vidrine, San Clemente
Sherman Fowler, San Clemente
Motion by Mayor Pro Tem Knoblock, second by Councilmember Cabral, CARRIED 3-1-1 (Councilmember Enmeier voting NOE and Mayor Loeffler ABSTAINING) to adopt Resolution 26-146 entitled A RESOLUTION OF THE

CITY COUNCIL OF THE CITY OF SAN CLEMENTE CALIFORNIA
REGARDING PROPOSITION 39, WHICH ESTABLISHES ADDITIONAL VOTER

IDENTIFICATION AND CITIZENSHIP VERIFICATION REQUIREMENTS,

WHICH THE CALIFORNIA ATTORNEY GENERAL HAS LABELED
“PROHIBITS CITIZENS FROM VOTING UNLESS THEY PRESENT
GOVERNMENT-ISSUED IDENTIFICATION”.

AYE: Cabral, Knoblock and Wu
NOE: Enmeier
ABSTAIN: Mayor Loeffler

68 City Council Regular Meeting Minutes September 1, 2026

11. Consent Calendar
Item 11E was removed from the Consent Calendar to hear public comments.

A. City Council Minutes
Motion by Councilmember Wu, second by Mayor Pro Tem Knoblock, CARRIED 5-0, to:
(1) APPROVE THE CITY COUNCIL SPECIAL AND REGULAR MEETING MINUTES OF AUGUST 18, 2026.

AYE: Cabral, Enmeier, Knoblock, Wu and Mayor Loeffler
NOE: None
B. Commission/Committee Minutes
Motion by Councilmember Wu, second by Mayor Pro Tem Knoblock, CARRIED 5-0, to receive and file the following:
(1) BEACHES, PARKS & RECREATION COMMISSION SPECIAL MEETING MINUTES JUNE 23, 2026.

AYE: Cabral, Enmeier, Knoblock, Wu and Mayor Loeffler
NOE: None
C. Warrant Register
Motion by Councilmember Wu, second by Mayor Pro Tem Knoblock, CARRIED 5-0, to:
(1) APPROVE WIRE TRANSFER NOS.
3480 THROUGH 3487 AND WARRANT NOS.
613234 THROUGH 613324, PAID ON
8-7-26, IN THE AMOUNT OF $1,569,442.91
(2) APPROVE WARRANT NOS.
613325 THROUGH 613506, PAID ON
8-14-26, IN THE AMOUNT OF $3,604,467.18
(3) APPROVE WIRE TRANSFER NOS.
3488 THROUGH 3493 AND WARRANT NOS.
613507 THROUGH 613583, PAID ON
8-21-26, IN THE AMOUNT OF $4,224,972.23
TOTAL WARRANT REGISTER $9,398,882.32
AYE: Cabral, Enmeier, Knoblock, Wu and Mayor Loeffler
NOE: None

69 City Council Regular Meeting Minutes September 1, 2026 Payroll Register
Motion by Councilmember Wu, second by Mayor Pro Tem Knoblock, CARRIED 5-0, to:

APPROVE WARRANT NOS. 1023
THROUGH 1024, AND AUTOMATIC
DEPOSIT ADVISES 114249 THROUGH
114641, FOR THE PERIOD 7-20-26
THROUGH 8-2-26, PAID ON 8-7-26,
IN THE AMOUNT OF $628,491.34
APPROVE WARRANT NOS. 1025
THROUGH 1026 AND AUTOMATIC
DEPOSIT ADVISES 114642
THROUGH 115042, FOR THE PERIOD
8-3-26 THROUGH 8-16-26, PAID
ON 8-21-22, IN THE AMOUNT OF $631,353.83
TOTAL PAYROLL REGISTER $1,259,845.17
AYE: Cabral, Enmeier, Knoblock, Wu and Mayor Loeffler
NOE: None
11D. ADOPT ORDINANCE NO. 1812 (SECOND READING) AMENDING SECTION

1.12.010 OF THE SAN CLEMENTE MUNICIPAL CODE TO AUTHORIZE THE

PARK RANGERS TO ENFORCE PROVISIONS OF THE CALIFORNIA FISH AND GAME CODE; AND FINDING THIS ACTION IS EXEMPT FROM THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTIONS 15307, 15308, AND 15321
Motion by Councilmember Wu, second by Mayor Pro Tem Knoblock, CARRIED 5-0, to adopt Ordinance No. 1812 entitled AN ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, AMENDING SECTION 1.12.010(A)(6) OF THE SAN CLEMENTE MUNICIPAL CODE

RELATING TO PARK RANGER ENFORCEMENT DUTIES AND FINDING THIS

ACTION EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PUSUANT TO CEQA GUIDELINES SECTIONS 15307, 15308, AND 15321.

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

70 City Council Regular Meeting Minutes September 1, 2026 11F. CONSIDERATION OF A RESOLUTION AUTHORIZING AN EXEMPTION TO THE CITY’S PURCHASING POLICY, APPROVING THE 2026 WATER LOSS

CONTROL AGREEMENT BETWEEN THE CITY OF SAN CLEMENTE AND

THE MUNICIPAL WATER DISTRICT OF ORANGE COUNTY (MWDOC),

AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT, AND

FINDING THE PROJECT CATEGORICALLY EXEMPT FROM THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT
Motion by Councilmember Wu, second by Mayor Pro Tem Knoblock, CARRIED 5-0, to:

Adopt Resolution No. 26-148, which would:

1. Approve an exemption to the City’s Purchasing Policies and Procedures pursuant to Section XI.A.1.1.5 of Procurement Policy and Procedure No. 201- 2-1 for an agreement with a public or quasi-public entity.

2. Approve the 2026 Water Loss Control Agreement with the Municipal Water District of Orange County, extending the Agreement from July 1, 2026 through June 30, 2036.

3. Determine that this project is categorically exempt from the California Environmental Quality Act (CEQA) under Class 7 of the state CEQA Guidelines Section 15307 (14 CCR Section 15307, Actions by Regulatory Agencies for Protection of Natural Resources).

4. Approve, and authorize the City Manager to execute, Contract No. C26-52, by and between the City of San Clemente and Municipal Water District of Orange County, providing for Water Loss Control Services (Attachment 2).

AYE: Cabral, Enmeier, Knoblock, Wu and Mayor Loeffler
NOE: None
11G. CONSIDERATION OF RESOLUTION NO. 26-149, APPROVING THE BEACHES, PARKS AND RECREATION COMMISSION FY 2026-27 WORK PLAN
Motion by Councilmember Wu, second by Mayor Pro Tem Knoblock, CARRIED 5-0, to adopt Resolution No. 26-149, which would approve the Beaches, Parks and Recreation Commission Fiscal Year 2026-27 Work Plan as proposed.

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

71 City Council Regular Meeting Minutes September 1, 2026 11H. CONSIDERATION OF A RESOLUTION TO ACCEPT AND FILE A NOTICE OF

COMPLETION FOR THE CONSTRUCTION CONTRACT WITH Q&E PIPELINE

COMPANY FOR THE CAMINO VERA CRUZ RECYCLED WATER LINE
EXTENSION, CIP PROJECT NO. 17407
Motion by Councilmember Wu, second by Mayor Pro Tem Knoblock, CARRIED 5-0, to:

Adopt Resolution No. 26-150, which would:

1. Accept the Camino Vera Cruz Recycled Water Line Extension, CIP Project No. 17407, from the contractor, Q&E Pipeline Company.

2. Authorize the City Clerk to execute and record the Notice of Completion for the completed Camino Vera Cruz Recycled Water Line Extension.

3. Authorize the City Clerk to release the Payment Bond 35 days from the recordation of the Notice of Completion upon verification with the Engineering Division that no liens have been levied against the contractor, Q&E Pipeline Company.

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

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

ITEMS REMOVED FROM THE CONSENT CALENDAR FOR PUBLIC COMMENT 11E. CONSIDERATION OF A RESOLUTION ACCEPTING GRANT FUNDING FROM THE STATE COASTAL CONSERVANCY IN THE AMOUNT OF $2 MILLION FOR PHASE 2 OF THE SAND RETENTION PILOT PROJECT PLANNING

STUDY, AND FINDING THE PROJECT CATEGORICALLY EXEMPT FROM

THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
Amanda Quintanilla narrated a PowerPoint presentation entitled "Destruction of North Beach - Opposition of the Grant Funding by State Coastal Conservancy".

A hard copy of the presentation is on file with the City Clerk.

Lois McNicoll spoke in opposition to the installation of a breakwater.

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

Adopt Resolution 26-147, which would:

72 City Council Regular Meeting Minutes September 1, 2026

1. Find Phase 2 of the sand retention planning study statutorily exempt from the California Environmental Quality Act (CEQA) under section 15262 (Feasibility and Planning Studies) and categorically exempt from CEQA under Class 6 (14 CCR § 15306, Information Collection) Section 15306 of the State CEQA Guidelines.

2. Authorize the City Manager, or his designee, to execute a grant agreement and any/all related approvals with the State Coastal Conservancy (SCC).

3. Accept grant revenues in the amount of $2M to miscellaneous grant revenue Account No. 014-636-45300-000-17700.

4. Authorize a related budget appropriation of $2M to Account No. 014-636- 45300-000-17700.

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

12. Oral Communications (Part 2)
Tony Rubolino spoke on District 1 City Council candidate Donna Vidrine.

13. Future Agenda Items
Laguna Beach Hospital
Councilmember Enmeier, with the support of Mayor Loeffler, and Councilmember Wu requested that the City Manager prepare a tray memo concerning the potential hospital closure in Laguna Beach and its related impacts to San Clemente residents.

E-Bike Safety Resolution
Councilmember Enmeier, with the support of Mayor Loeffler agendized a e-bike safety resolution including comparable policies in other cities. Councilmember Enmeier and Mayor Loeffler to research and prepare the report.

14. Reports
A. City Attorney
None.

B. City Manager
None.

73 City Council Regular Meeting Minutes September 1, 2026

15. Adjournment
Motion by Councilmember Enmeier, second by Mayor Pro Tem Knoblock, CARRIED 5-0, to adjourn at 8:59 p.m. The next Regular Meeting will be held on September 15, 2026. Closed Session will begin at 4:30 p.m.The Business Meeting will commence at 5:30 p.m. The meeting will take place at City Hall Council Chambers, located at 910 Calle Negocio, 2nd Floor, San Clemente.

AYE: Cabral, Enmeier, 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

74 910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: September 15, 2026 Agenda Item: (1)
Submitted By: Choose an item.

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..titl e
CULTURAL HERITAGE SUBCOMMITTEE REGULAR MEETING MINUTES OF JULY 29, 2026 ..body Summary:

Background:

Discussion:

Considerations Identified by Staff:

Council Options:

Environmental Review/Analysis:

Fiscal Impact:

Potential Action(s):
..recommendation
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Notification:
75 CITY OF SAN CLEMENTE

MINUTES OF THE REGULAR MEETING OF THE

CULTURAL HERITAGE SUBCOMMITTEE
JULY 29, 2026
Subcommittee Members Present: Chair M. Steven Camp, Vice Chair Cameron Cosgrove and Member Scott McKhann
Subcommittee Members Absent: None
Staff Present: Christopher Wright, Senior Planner
Jessica Gatny, Associate Planner
Chair Camp called to order the Cultural Heritage Sub-Committee (CHSC) Special Meeting for the City of San Clemente on July 29, 2026.

1. SPECIAL ORDER OF BUSINESS
A. Selection of Design Review / Cultural Heritage Subcommittee Chair and Vice Chair
Member McKhann motioned for Member Cosgrove to serve as Chair, and for Member Camp to serve as Vice-Chair. Both motions were seconded and the motions passed 3-0.

Former Chair Camp opened the meeting.

2. APPROVAL OF MINUTES
A. Receive and File Minutes from the July 15, 2026 Special Meeting There being no changes to the Minutes of the July 15, 2026 Special Meeting of the Design Review Subcommittee, the Minutes were received and filed.

3. ARCHITECTURAL REVIEW OF THE FOLLOWING ITEMS:

A. Cultural Heritage Permit 26-031, 122 E. Escalones Residence A request to rehabilitate a 909 sq. ft. red-tagged historic single-family residence and allow a 305 sq. ft. rear addition that connects the residence to a detached garage that would be rebuilt.

Associate Planner Gatny summarized the staff report. A copy is available by contacting the Planning Division.

The report highlighted the following points:
• The project will rehabilitate a red-tagged historic single-family residence. • The applicant provided a Historic Resource Analysis Report to support the project.
• The analysis found no evidence of major alterations that resulted in significant loss of historic integrity.

DRAFT
76 Cultural Heritage Subcommittee Meeting Minutes July 29, 2026 Page 2 • The project requires extensive rehabilitation, including widescale repair and replacement in-kind were feasible. The project will not remove or significantly alter character-defining features visible from the public right-of-way. • The project will propose new wood windows and exterior doors throughout the residence.
• The project will remove two original window openings on the northeast side elevation to accommodate interior closets.
• The project will offset the rear addition 6-inches from the original structure to clearly distinguish the new construction from the historic residence. The rear door and two adjacent windows are not original. The project will remove one original rear window to accommodate the addition.
• The project meets the Secretary of Interior’s Standards for Rehabilitation by retaining the residential use and preserving the historic residence’s essential form and integrity. The design allows the historic residence to remain identifiable if the addition is removed in the future.
• The applicant requested DRSC feedback on the proposed replacement materials.
• Staff will include in-field inspections as a Condition of Approval to verify that the replacement materials and improvements remain compatible with the original historic structure.

Public Comments:

Larry Culbertson, San Clemente Historical Society (SCHS) and resident spoke in support of the project; stated that the historical structure should be rehabilitated to replicate the original structure; suggested that the front porch tapered columns be finished with a brown stain as identified in the Department of Parks and Recreation (DPR) form; stated that the roof grout boosting and packing technique should be confirmed with staff; suggested that the rain gutters be a copper finish; and questioned whether a chimney cap exists.

Amanda Quintanilla, resident, spoke in support of the project and agreed with the Committees’ comments; stated that the cat face stucco texture does not appear appropriate; stated hand-forged fixtures are typically high-quality and appropriate for a historical structure.

Committee members provided the following comments:
• Inquired about the fiberglass windows, which was proposed to be in the rear to differentiate between old and new. There was support for using wood or fiberglass windows on the addition. Wood should be used on the original residence as suggested in the historic report.
• Noted this is not a Mills Act property, the property owner intends to apply for Mills Act next year.
• Discussed the demolition of the original garage due to the deteriorated condition and how the new addition shall be made slightly different than the original feature so to be differentiated, with different stucco texture and/or break lines.
• Discussed different elements of the structure. The foundation is in fairly good condition. The wood framing of the left sidewalls is mostly salvageable. The DRAFT
77 Cultural Heritage Subcommittee Meeting Minutes July 29, 2026 Page 3 right sidewalls were completely rotted and not salvageable. The exterior kitchen wall is non-original. The front wall appears salvageable, but some sistering may be needed.
• The applicant identified that the proposed materials are from quality manufacturers and are compatible with the original structure. • The roof shall have traditional mortar packing with 100 percent on ridges and the first rows of tiles and varied mortar packing on other tiles. • The current garage layout cannot functionally accommodate a vehicle; nor is the foundation adequate for living space
• Landscape plan needs improvement.
• Supported painting the front porch columns and roof rafter columns a dark brown, and using dark brown or an alternate color for building trim. • Recommended to not have the rain gutters and downspouts on the front porch, or to at least provide a drainage collection system that is not visible to detract from the appearance of the front elevation.
• Supported for the front window openings, without insets, to be maintained if they are original.

The Subcommittee forwarded the project to the Planning Commission for review.

4. NEW BUSINESS
None

5. OLD BUSINESS
None

6. ORAL AND WRITTEN COMMUNICATION
None.

7. ADJOURNMENT
It was moved to adjourn the meeting to a Regular Design Review Subcommittee meeting on August 12, 2026, at 3:00 p.m., San Clemente City Hall, First Floor Community Room, 910 Calle Negocio, San Clemente, CA.

Respectfully submitted,
_______________________________
M. Steven Camp, Vice Chair
Attest:
_______________________________
Zach Rehm, City Planner
DRAFT
78 910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: September 15, 2026 Agenda Item: (2)
Submitted By: Choose an item.

Prepared By:

Subject:
..titl e
PLANNING COMMISSION ADJOURNED MEETING MINUTES OF AUGUST 5, 2026 ..body Summary:

Background:

Discussion:

Considerations Identified by Staff:

Council Options:

Environmental Review/Analysis:

Fiscal Impact:

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

Notification:
79 MINUTES OF THE ADJOURNED MEETING

OF THE CITY OF SAN CLEMENTE

PLANNING COMMISSION
August 5, 2026 @ 4:00 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 adjourned Meeting of the Planning Commission of the City of San Clemente to order at 4:00 p.m. The meeting was offered in person at San Clemente City Hall Council Chambers, 910 Calle Negocio, San Clemente, California, 92673, and also via live stream from the City’s YouTube Channel.

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

3. ROLL CALL
Commissioners Present: Chair Cameron Cosgrove; Vice Chair M. Steven Camp; Chair Pro Tem Scott McKhann; Aaron Washington; Patrick Griffin; and Brett Freeman; Karen Prescott-Loeffler (arrived at 4:12 p.m.)
Commissioners Absent: None
Staff Present: Zach Rehm, City Planner
Zachary Ponsen, Assistant City Engineer
David Carrillo, Lead Project Planner
Alexia Gruszczynski, Executive Analyst
Jessica Gatny, Associate 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 July 15, 2026.

DRAFT
80 Planning Commission Adjourned Meeting Minutes of August 5, 2026 Page 2

IT WAS MOVED BY COMMISSIONER GRIFFIN, SECONDED BY COMMISSIONER FREEMAN, AND CARRIED 6-0, COMMISSIONER PRESCOTT-LOEFFLER ABSENT, TO RECEIVE AND FILE THE MINUTES FROM THE REGULAR MEETING OF JULY 15, 2026.

6. ORAL AND WRITTEN COMMUNICATIONS
None.

7. CONSENT CALENDAR
None.

8. PUBLIC HEARINGS
A. Public Hearing Project (PHP) 26-160, Abbasi Residence, 110 El Levante A request for the Planning Commission to consider a Public Hearing Project (PHP) 26-160, Architectural Permit Amendment (AP) 26-166, and Minor Exception Permit (MEP) 26-227, a request to construct a modern-styled residence and attached garage on a lot with previous entitlements. The proposal requires significant changes to the architecture, site plan, and conditions of approval of a previously approved 17-lot residential subdivision. Additionally, a minor exception is requested to reduce the street-facing garage setback and front yard landscaping.

The Planning Commission will also consider appropriate findings under CEQA, including, but not limited to, whether the project is Categorically Exempt from the requirements of the CEQA pursuant to CEQA Guidelines §15162 (Subsequent review of Environmental Impact Report and Negative Declarations) or other findings under other CEQA Guidelines. Pursuant to CEQA, the City Council adopted the MND on January 16, 2002, and determined that, with implementation of mitigation measures, the project would not result in significant environmental impacts.

Cosgrove opened the public hearing. No ex-parte disclosures were presented by the commissioners. Deputy City Attorney Burns performed a Conflict-ofInterest Analysis in compliance with Regulation §18.702with Commissioner McKhann with respect to his personal property located outside the 500 square foot radius, but within the 1,000 square foot radius. Commissioner McKhann declared no conflict.

Associate Planner Gatny summarized the staff report titled, “Abbasi Residence, August 5, 2026.” A copy can be requested by contact the Planning Division.

The staff report included a location; site plan; floor plans; elevations; analysis of zoning requirements and review of the requested Minor Exception Permit; the DRAFT
81 Planning Commission Adjourned Meeting Minutes of August 5, 2026 Page 3 Findings to support the project as recommended by staff; CEQA determination; and the staff’s recommendation.

Commissioner discussions with staff included:
• Site drainage
• The required Construction Management Plan in the Conditions of Approval
• Engineering Division’s review on a parcel-specific level • The previously approved permit that expired included an MEP for the entire project that was larger in scope to develop several lots • Chair Cosgrove requested Assistant City Engineer Ponsen’s input who stated Engineering is amicable for a one lot approval and that maintaining access is a Condition including a Traffic Development Permit. A CMP is required as a condition of approval due to the narrow one-way street. It must include a schedule, hours of operation, staging areas, traffic routing, dust/erosion control, and a notification program. Parking will be impacted during construction; however, El Levante is a public street. A garage for parking is a better alternative for public safety when constructed on a hillside. Drainage was approved in original permit for all homes to be developed with first issued permit. Per Condition 3.18, a v-ditch per approved plans is a requirement of the applicant per the tract map improvements for all ten lots. Homes constructed later are to tie into vditch.

The Commission added a Condition requiring the contractor to provide notification to property owners within a 300-ft radius, including contact information for the contractor and relevant city departments.

Applicant Presentation:

John Abbasi, property owner and architect stated his approval of the Conditions of Approval.

Chair Cosgrove closed the public hearing and determined a consensus that the Findings can be met; thanked the applicant for the commitment to enhance the building; and directed the applicant to work with staff on plant materials and the future sign and lighting application submittal.

IT WAS MOVED BY CHAIR PRO TEM MCKHANN, SECONDED BY COMMISSIONER PRESCOTT-LOEFFLER, AND CARRIED 7-0, THAT THE PROJECT IS CATEGORICALLY EXEMPT FROM THE REQUIREMENTS OF CEQA PER §15162; AND TO APPROVE ARCHITECTURAL PERMIT 26-166 AND MINOR EXEMPTION PERMIT 26-227, ABBASI RESIDENCE, 110 EL LEVANTE SUBJECT TO THE CONDITIONS OF APPROVAL, WITH THE FOLLOWING MODIFICATOIN:
• TO ADD A CONDITION THAT THE CONTRACTOR PROVIDE
NOTIFICATION TO PROPERTY OWNERS WITHIN A 300-FT RADIUS,

INCLUDING CONTACT INFORMATION FOR THE CONTRACTOR AND
RELEVANT CITY DEPARTMENTS.

DRAFT
82 Planning Commission Adjourned Meeting Minutes of August 5, 2026 Page 4 B. Public Hearing Project (PHP) 26-254, Sea Cliff Hotel and Restaurant CUP Amendment, 402 Pasadena Court
A public hearing for the Planning Commission to consider Public Hearing Project (PHP)26-254, a request to amend CUP 23-085 to allow two more lodging units, for a total of 13 lodging units, the relocation of bike storage, as required by the project’s Coastal Development Permit issued by the California Coastal Commission, and reconsideration of the tree and curb along the Avenida Victoria frontage included in the Planning Commission’s previous approval.

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), §15331 (Class 31: Historical Resource Restoration/Rehabilitation), and §15332 (Class 32: In-Fill Development Projects).

Chair Cosgrove opened the public hearing and requested disclosures of the commissioners other than previous public hearing participation. There being none, Lead Project Planner Carrillo presented the staff report title, “Sea Cliff Boutique Hotel and Restaurant CUP Amendment, August 5, 2026.” A copy is available by contacting the planning division. The report provided the history of the review process; changes approved by the California Coastal Commission to include three low-cost units and adding two parking spaces; details on the two additional lodging units; and a review of the originally approved CUP.

Public Comments:

John Boland, resident, expressed his opposition of the project and impacts to the neighboring properties.

Melissa Boland, resident, expressed concern with upcoming construction, parking and safety.

Amanda Quintanilla, resident commented on approval process, previous land movement, and affordability.

Applicant Presentation:

As the project’s representative, Jim Holloway argued the CUP amendment was technically unnecessary, as the changes were minor in that there was no change in bed count, occupancy, floor plan, site plan, or elevations. He suggested it was due to past controversy.

Commission Discussion Highlights:

Low-Cost Lodging: The Coastal Commission initially held up the project for three months, pushing for a $147/night *peak* rate, while the applicant insisted on a $147/night *average* rate, which was ultimately accepted.

DRAFT
83 Planning Commission Adjourned Meeting Minutes of August 5, 2026 Page 5 Construction Management Plan (CMP): Public comments raised concerns about ongoing construction at 402 Pasadena Court, which is a separate, but related, project.

Neighbor Noticing: The original approval had not requirement of noticing to neighboring property owners.

Permit Expiration: The permit expiration was extended from three years to four years to allow sufficient time for design, Coastal Commission stamping, plan check, and construction.

IT WAS MOVED BY CHAIR PRO TEM MCKHANN, SECONDED BY VICE CHAIR CAMP, AND CARRIED 7-0, THAT THE PROJECT IS CATEGORICALLY EXEMPT FROM THE REQUIREMENTS OF CEQA PER §15301, §15331, AND §1332; AND TO APPROVE THE AMENDMENT OF CONDITIONAL USE PERMIT 23-085, SEA CLIFF HOTEL AND RESTAURANT CUP AMENDMENT, 402 PASADENA COURT SUBJECT TO THE CONDITIONS OF APPROVAL WITH THE FOLLOWING MODIFICATIONS:
• ADD A CONDITION THAT THE CONTRACTOR PROVIDE NOTIFICATION TO PROPERTY OWNERS WITHIN A 300-FT RADIUS, INCLUDING CONTACT

INFORMATION FOR THE CONTRACTOR AND RELEVANT CITY
DEPARTMENTS;
• MODIFY CONDITION 1.2 TO FOUR YEARS INSTEAD OF THREE YEARS; AND
(RECESS AT 5:35 P.M. RECONVIENE AT 5:55 P.M.)
C. Public Hearing Project 26-212, Conditional Use Permit (CUP) 26-261, AT&T CXL00159, 2441 S. El Camino Real
A request for the Planning Commission to consider installation of a roofmounted wireless telecommunications facility (WTF) for AT&T Mobility at 2441 S. El Camino Real to replace an existing WTF.

The Planning Commission will also consider whether the project is Categorically Exempt from the requirements of the CEQA pursuant to CEQA Guidelines §15301 (Existing Facilities) and §15303 (New Construction or Conversion of Small Structures).

Chair Cosgrove opened the public hearing and requested disclosures of the commissioners other than those that attended the Design Review Subcommittee. There being none, City Planner Rehm presented the staff report title, “AT&T Telecommunications Facility.” A copy is available by contacting the planning division. The report highlighted provided background on the hotel with an existing antenna; project location; project description; site plan; elevations of the new facility; analysis of site selection, Conditional Use Permit, General Plan consistency; Design Review Subcommittee recommendations; CEQA determination, and staff’s recommendation
DRAFT
84 Planning Commission Adjourned Meeting Minutes of August 5, 2026 Page 6 The Commission confirmed with staff the screen size and design.

Applicants Presentation:

AT&T Project Manager Stella Shih described design and explained that this is a needed replacement and that the height is the lowest to be effective and attempted to beauty the aesthetic.

Chair Cosgrove closed the public hearing. Vice Chair Camp explained the DRSC’s minimal design approach to be consistent with the building.

IT WAS MOVED BY CHAIR COSGROVE, SECONDED BY CHAIR PRO TEM MCKHANN, AND CARRIED 7-0, THAT THE PROJECT IS CATEGORICALLY EXEMPT FROM THE REQUIREMENTS OF CEQA PER §15301 AND §15303; AND TO APPROVE CONDITIONAL USE PERMIT 26-261, AT&T CXL00159, 2441 S. El Camino RealSUBJECT TO THE CONDITIONS.

D. Continued Public Hearing Project (PHP) 26-235, Parklet Dining Permit Application Review Batch #1
A continued public hearing item for the Planning Commission to consider Parklet Dining Permit applications that deviate from the Parklet Design Standards for the following businesses:
• Pronto – 221 Avenida Del Mar
• Bluestone Lane – 223 Avenida Del Mar Suite A
• Docent – 123 Avenida Del Mar
The Planning Commission will also consider whether the project is Categorically Exempt from the requirements of the CEQA pursuant to CEQA Guidelines §15321: Enforcement Actions by Regulatory Agencies and § 15311: Accessory Structures.

Chair Cosgrove provided a history of the agenda item for context and described the hearing process before opening the public hearing and requesting ex-parte communications for this project noting that all the Commissioner travel along Avenida Del Mar and have visited most, if not all, of the restaurants being presented for approval.

Executive Analyst Gruszczynski presented the staff summary report title, “Parklet Dining Permit Application Review Batch #1 and #2.” A copy is available by contacting the planning division. The report highlighted the background that commenced during the pandemic; review of exemptions; parklet design standards; CEQA determination; recommendations.

Staff presented an unreviewed proposal from the owner of Bluestone that combined the parklet with Pronto in two options. Staff explained the differences in the options before calling up the first applicant.

DRAFT
85 Planning Commission Adjourned Meeting Minutes of August 5, 2026 Page 7 Individual Parklet Applications:

1. Pronto’s (PDP26-232), 221 Avenida Del Mar, Suite B
Staff summarized the report that proposed 11 deviations: buffer zone, no clear space below deck, deck height (14.5 inches), non-squared deck, nonsucculent plants, non-brown barrier, 42-inch barrier height, brown wooden tables/white plastic chairs, no golf cart/bike parking, larger deck, and overheight heaters/umbrellas.

Applicant Adriano Piazza agreed to change chairs to a darker color and umbrellas to a uniform color with neighboring Bluestone Lane parklet.

To better understand the combination proposal by the Kento Fleder, owner of Bluestone Lane who described the two options, with a preference to Option B.

Mr. Fleder explained a labor-intensive project, challenges of the grade of the street, and a preference to their brand in blue paint color.

Commissioner Discussion:
• Preference to have umbrellas and parklet paint the same color • Staff reviewed pros and cons of both options
• Both parties are to maintain the dividing wall
• Color of parklets and color of umbrellas
• Desire to obtain an extra parking space on Avenida Del Mar • Replacement of plastic chairs
Chair Cosgrove closed the public hearing.

Commissioner discussion:
• Freeman, Griffin, Washington: business should express their creative autonomy and not incur additional costs
• Camp, McKhann: business should be uniform to minimize the visual impact and that Bluestone is taking the bigger hit financially in their concessions
• Cosgrove, Washington: all other parklets are brown and all should conform to design standards as approved by City Council

IT WAS MOVED BY CHAIR PRO TEM MCKHANN, SECONDED BY VICE CHAIR CAMP, AND FAILED 2-5, NOES FROM COMMISSIONERS FREEMAN, GRIFFIN,

WASHINGTON, PRESCOTT-LOEFFLER AND COSGROVE, THAT THE PROJECT IS CATEGORICALLY EXEMPT FROM THE REQUIREMENTS OF CEQA PER §15321 AND §15311; AND TO APPROVE PARKLET DINING PERMIT 26-232, SUBJECT TO THE CONDITIONS OF APPROVAL MODIFYING THE FOLLOWING:
• CHANGE IN CHAIR MATERIAL
• CHANGE IN UMBRELLAS TO BE SAME COLOR
• PAINT THE PARKLET WHITE
DRAFT
86 Planning Commission Adjourned Meeting Minutes of August 5, 2026 Page 8

IT WAS MOVED BY COMMISSIONER PRESCOTT-LOEFFER, SECONDED BY CHAIR PRO TEM MCKHANN, AND CARRIED 5-2, NOES FROM COMMISSIONERS

FREEMAN AND GRIFFIN, THAT THE PROJECT IS CATEGORICALLY EXEMPT FROM THE REQUIREMENTS OF CEQA PER §15321 AND §15311; AND TO APPROVE PARKLET DINING PERMIT 26-232, PRONTO’S, 221 DEL MAR, SUITE B, SUBJECT TO THE CONDITIONS OF APPROVAL MODIFYING THE FOLLOWING:
• UPDATE CHAIR MATERIALS AS APPROVED BY STAFF
• CHANGE UMBRELLAS AS APPROVED BY STAFF
• PAINT THE PARKLET BROWN AS APPROVED BY STAFF

2. Bluestone Lane (PDP26-301), 223 Avenida Del Mar, Suite A Staff summarized the report that proposed ten deviations: 4ft buffer, no clear space, 13" deck height, variety of plants, white wood barrier (42"), white/offwhite tables, white/blue chairs, larger deck (4 spaces), and tall umbrellas (7- 9ft).

Manager Kento Fleder presented Option A, which reduces the overall size of the parklet, frees up a parking space, and does not obstruct an adjoining business. This option was preferred. Mr. Fleder was open to a combined parklet with Pronto and a unified look, but expressed concern about the cost of repainting their recently sanded and repainted deck.

Mr. Fleder commented that unified parklets convolutes the branding and confuses the patrons.

Chair Cosgrove closed the public hearing.

Commissioner comments:
• Differentiation will be with colors of chairs, umbrellas and tables. • Option A is favored to gain a parking space
• Discussion over “uniformity”

IT WAS MOVED BY CHAIR PRO TEM MCKHANN, SECONDED BY VICE CHAIR CAMP, AND CARRIED 5-2, NOES FROM COMMISSIONERS FREEMAN AND GRIFFIN, THAT

THE PROJECT IS CATEGORICALLY EXEMPT FROM THE REQUIREMENTS OF CEQA PER §15321 AND §15311; AND TO APPROVE PARKLET DINING PERMIT 26-301, BLUESTONE LANE, 223 AVENIDA DEL MAR, SUITE A, SUBJECT TO THE CONDITIONS OF APPROVAL MODIFYING THE FOLLOWING:
• ADOPT OPTION A AS PRESENTED;
• PAINT THE PARKLET BROWN AS APPROVED BY STAFF
A MOTION TO RECONSIDER THE DECISION WAS MADE AND CARRIED 7-0, TO REVISE THE DECISION TO MODIFY AS FOLLOWS:
• THE APPLICANT MUST PAINT THEIR BARRIER WHITE (INSTEAD

OF BROWN)
• UMBRELLAS TO BE UNIFORM
DRAFT
87 Planning Commission Adjourned Meeting Minutes of August 5, 2026 Page 9

3. Docent (PDP26-245), 123 Avenida Del Mar
Staff summarized the report that proposed 10 deviations: 4ft buffer, 17" deck height, not squared off, non-succulents, brown stained wood barrier (no cable), 37" barrier height, natural wood/orange stools, no golf cart/bike parking, larger deck (3 spaces), gray umbrellas.

Owner Brian Dennon, stated that they are under the buffer zone. Deck surface is where it needs to be; squared off on both sides needs to be discussed. Plants have been replaced. He was waiting to see how things were going to go before proceeding with other improvements such as restaining the deck and installing cable railing. Mr. Dennon will also remove the tall posts and explained that orange and gray are the brand colors.

The Commission asked Mr. Dennon his process for cleaning under the deck and Mr. Dennon stated that he blows out below.

Public Comments:

Amanda Quintanilla, resident expressed her concerns.

Mr. Dennon countered public comments by stating new umbrellas and our barrier height seem similar to what’s been approved for other operators. The deck is in front of only their building so only blocking their storefront. The barrier height is currently 48” and willing to reduce it to 37”. Paint is in being addressed.

Commissioner discussion:
• Guardrail height
• Under deck cleaning
• Exposed hardware and remedies
• No accidents have been reported due to height
Chair Cosgrove closed the public hearing.

IT WAS MOVED BY COMMISSIONER PRESCOTT-LOEFFLER, SECONDED BY COMMISSIONER GRIFFIN, AND CARRIED 7-0, THAT THE PROJECT IS CATEGORICALLY EXEMPT FROM THE REQUIREMENTS OF CEQA PER §15321 AND §15311; AND TO APPROVE PARKLET DINING PERMIT 26-301, DOCENT, 123

AVENIDA DEL MAR, SUBJECT TO THE CONDITIONS OF APPROVAL MODIFYING THE FOLLOWING:
• LOWER HEIGHT TO NEXT HORIZONTAL RAIL
• REPLACE UMBRELLAS WITH CONSISTENT COLOR
• COVER HARDWARE
• ALLOW SPACE FOR CLEANING BELOW DECK
• DECK TO BE PAINTED BROWN AS APPROVED BY STAFF

DRAFT
88 Planning Commission Adjourned Meeting Minutes of August 5, 2026 Page 10 E. Public Hearing Project (PHP) 26-235, Parklet Dining Permit Application Review Batch #2
A request for the Planning Commission to consider Parklet Dining Permit applications that deviate from the Parklet Design Standards for the following businesses:
• Asada Tacos – 612 Avenida Victoria
• Avila’s El Ranchito – 204 Avenida Del Mar, Suite A
• Beachfire – 204 Avenida Del Mar, Suite D
• Chaupain – 211 Avenida Del Mar, Suite A & B
• Coastal Cowboy – 214 Avenida Del Mar, Suite B
• Goody’s – 206 S. El Camino Real
• Mulligan’s – 1401 Calle Valle
• Reunion Kitchen – 610 Avenida Victoria
The Planning Commission will also consider whether the project is Categorically Exempt from the requirements of the CEQA pursuant to CEQA Guidelines §15321: Enforcement Actions by Regulatory Agencies and § 15311: Accessory Structures.

Staff stated the first applicant, Mulligan’s has withdrawn their application and the parklet has been removed.

1. Avila’s El Ranchito (PDP26-292), 204 Avenida Del Mar, Suite A

Chair Cosgrove opened the public hearing:

Staff summarized the report that proposed eleven deviations: being within a red zone (trolley stop), partially blocking a handicap stall, being in front of another business, 31-inch buffer, non-squared deck, wood barrier, 48.25- inch barrier height, black/gray furniture, no golf cart/bike parking, larger deck, 8-ft beige umbrellas, and 7-7.5 ft heaters.

Staff reported there is obstruction of handicapped zone, the trolley stop and seating on the sidewalk without a CUP. Staff’s Condition of Approval 7.2 requested the parklet be relocated to remove impacts. Staff added that the business currently has outdoor dining on the public sidewalk without a Minor Conditional Use Permit and staff recommends to relocate and reconstruct the parklet along South Olive Vista, or fully comply with parklet design standards within two parallel parking spaces.

Applicant’s Presentation:

Judy and Victor owners of Avila’s El Ranchito, residents, spoke of uniqueness of the city and the businesses. Plants have been replaced with succulent, can change the umbrellas and work with the city. Furniture is marine grade. Moving will be a great expense. Outdoor dining hasn’t been successful. Willing to lower the rail height by removing a board.

DRAFT
89 Planning Commission Adjourned Meeting Minutes of August 5, 2026 Page 11 Commission Questions to Applicant:
• Will submit for a permit or remove the sidewalk tables. • 24 seats in parklet
• ADA compliance would require altering the parklet
• Will remove a board to reduce the rail height
Staff stated the parklet obstructs an ADA accessible path of travel (blue striping for wheelchair access). The City Attorney confirmed the Commission cannot waive municipal code requirements. Staff continued that the code states that the applicant would be required to find an alternative ADA space within 150’ at their expense; and that the parklet is also blocking the trolley stop
Public Comments:

Amanda Quintanilla, resident offered her suggestions.

Wayne Eggleston, resident and former City Council requested that the ADA space remain and be accessible since it is the only one in the immediate area, stated that sidewalks are for pedestrians, not tables, heaters or umbrellas and recalled when parklets were originally approved, it was stated that sidewalks would not be impeded upon.

Staff is to explore alternatives with the City Manager for ADA compliance and red curbing. The Applicant will remove sidewalk tables and chairs.

Chair Cosgrove proceeded without closing the public hearing.

IT WAS MOVED BY COMMISSIONER PRESCOTT-LOEFFLER, SECONDED BY CHAIR PRO TEM MCKHANN, AND CARRIED 7-0, TO CONTINUE PUBLIC HEARING PROJECT 26-292, AVILA’S EL RANCHITO, 204 AVENIDA DEL MAR, SUITE A TO THE PLANNING COMMISSION MEETING HELD ON WEDNESDAY, SEPTEMBER 16, 2026.

2. Beachfire (PDP26-280) 204 Avenida Del Mar, Suite D
Chair Cosgrove opened the public hearing.

Staff summarized the proposed ten exceptions including being in front of another business, 77-inch-tall posts, non-squared deck, 65-inch palms, wood barrier, 52-inch barrier height, metal/wood furniture, no golf cart/bike parking, larger deck, 8-ft red umbrellas, and 7.5-ft heaters.

Applicant Presentation:

Edgar Carbajal, owner of Beachfire, advised that he secured landlord and tenant approval, is willing to trim palms, adjust barrier height (remove top part if it reduces height by 4+ inches), replace metal tables, change umbrella color, and paint the deck to match the railing.

DRAFT
90 Planning Commission Adjourned Meeting Minutes of August 5, 2026 Page 12 Commission Questions/Discussions:
• Height is 52” is from the street and not the deck floor. • No fence which encourages seating on the sidewalk.
• No cleaning under deck because the bottom is to the street. • Going to work with staff on a CUP for sidewalk dining • No problem with red umbrella or the height
• Removed tall posts with lights
• Will change plants to comply
• Match deck floor and foundation with rails
• Furniture is ok
• Plant nicer plants in tree well
Public Comment:

Wayne Eggleston, expressed concerns with trees, pots and seating that block the public right of way.

Amanda Quintanilla stated that Beachfire has a big patio and expressed concerns.

Commissioners’ discussion:
• Request public works to address trees in the public right of way • Remeasure rails and work with staff
• Paint deck to match rails
• Cut vertical posts
• Replant
• Have public works to grab the rail
• Operator should purchase a black bike rack
• Post sign to not park bike by ADA space
Chair Cosgrove closed the public hearing.

IT WAS MOVED BY CHAIR COSGROVE, SECONDED BY PRESCOTT-LOEFFLER, AND CARRIED 7-0, THAT THE PROJECT IS CATEGORICALLY EXEMPT FROM THE REQUIREMENTS OF CEQA PER §15321 AND §15311; AND TO APPROVE PARKLET DINING PERMIT 26-301, BEACHFIRE, 204 AVENIDA DEL MAR, SUITE D, SUBJECT TO THE CONDITIONS OF APPROVAL MODIFYING THE FOLLOWING:
• REMOVE TABLES AND CHAIRS FROM THE PUBLIC SIDEWALK;
• POST A "NO BIKE PARKING" SIGN ON THE PARKLET EDGE;
• APPLICANT TO REMEASURE RAILING HEIGHT FROM THE BASE
OF THE PARKLET FLOOR TO THE TOP RAIL; IF IT EXCEEDS 30-36 INCHES BY MORE THAN 4 INCHES, THE TOP RAIL IS TO BE
REMOVED OR CUT DOWN AS DIRECTED BY STAFF;
• REPLANT EXISTING PLANTS TO LOWER THEIR HEIGHT;
• REMOVE THE VERTICAL POSTS;
• REPAINT THE FLOOR/BASE OF THE PARKLET TO MATCH THE
RAILING COLOR; AND
• REMOVE THE LIGHT WRAPPED AROUND THE VERTICAL POSTS.

DRAFT
91 Planning Commission Adjourned Meeting Minutes of August 5, 2026 Page 13

3. Coastal Cowboy – 214 Avenida Del Mar, Suite B
Chair Cosgrove opened the public hearing.

Staff summarized the seven exceptions for including being in front of another business, non-squared deck, red flowers, white and blue painted wood barrier, 42-inch barrier height, white benches/tables with red bar stools/chairs, and a larger deck.

Applicant Presentation:

Jake Fitch, owner requested to keep parklet that was built to specs when recently constructed. Umbrellas and color compliment brand and customer awareness.

Commission Discussion:
• Barrier Color: The applicant wanted to maintain their white and blue branding colors. The decking material (TechDeck) is brown and cannot be painted.
• Barrier Height (42 inches): The applicant explained this height allows for bar stool seating and provides an ocean view over parked cars. It also integrates propane heaters, eliminating tripping hazards. • Golf Cart/Bike Parking: The applicant can move plants to create a 100% usable golf cart or bike parking space.

Public Comment:

Amanda Quintanilla expressed concerns.

Chair Cosgrove closed the public hearing.

IT WAS MOVED BY CHAIR PRO TEM MCKHANN, SECONDED BY VICE CHAIR CAMP, AND CARRIED 7-0, THAT THE PROJECT IS CATEGORICALLY EXEMPT FROM THE REQUIREMENTS OF CEQA PER §15321 AND §15311; AND TO APPROVE PARKLET DINING PERMIT 26-301, COASTAL COWBOY, 214 AVENIDA DEL MAR, SUITE B, SUBJECT TO THE CONDITIONS OF APPROVAL.

IT WAS MOVED BY CHAIR COSGROVE, SECONDED BY MCKHANN, AND CARRIED 7-0, TO RECONSIDER THE DECISION FOR PRONTO 26-323 TO PAINT PARKLET WHITE.

IT WAS MOVED BY CHAIR COSGROVE, SECONDED BY MCKHANN, AND CARRIED 7-0, TO RECONSIDER THE DECISION FOR BLUESTONE 26-301 TO PAINT PARKLET WHITE.

DRAFT
92 Planning Commission Adjourned Meeting Minutes of August 5, 2026 Page 14

4. Asada Tacos (PDP26-300) 612 Avenida Victoria
Chair Cosgrove opened the public hearing.

Staff summarized the report that proposed 5 deviations including nonsucculent plants, red painted Douglas fir with medium oak wood stain top railing, red aluminum powder-coated seating, no golf cart/bike parking, and umbrellas/heaters (height/color TBD). Staff also stated the need of a condition to raise height 18” for drainage.

Applicant Presentation:

Scott and Rosemary McIntosh owners of Asada Cantina, presented a statement that included the location and working with staff to create the best space for the business. Discussed idea of seating and bar top. Plan is to demo all but the foundation. Would like to use cable and wood.

Staff stated the storm-related improvements must remain accessible through easily removable flooring (no less than 18 inches wide) with an identifier for the precise location of storm drainage infrastructure, verified by engineering.

The applicant was amenable to this.

Chair Cosgrove closed the public hearing.

IT WAS MOVED BY CHAIR COSGROVE, SECONDED BY MCKHANN, AND CARRIED 7-0, THAT THE PROJECT IS CATEGORICALLY EXEMPT FROM THE
REQUIREMENTS OF CEQA PER §15321 AND §15311; AND TO APPROVE PARKLET DINING PERMIT 26-300, ASADA TACO, 612 AVENIDA VICTORIA, SUBJECT TO THE CONDITIONS OF APPROVAL WITH THE FOLLOWING MODIFICATIONS:
• ADD CONDITION 4.3: STORM DRAIGNAGE INFRASTRUCTURE

LOCATION TO BE DIRECTED BY STAFF AND ACCESSIBLE THROUGH EASMENT OF NO LESS THAN 18” WIDE WITH REMOVEABLE
FLOORING MATERIALS AS DETERMINED BY STAFF; AND
• 7.2 APPLICANT WILL WORK WITH STAFF TO DESIGN THE PARKLET PER THE DESIGN STANDARDS.

5. Reunion Kitchen (PDP26-299) 610 Avenida Victoria
Chair Cosgrove opened the public hearing:

Staff summarized the report that included a staff preface and existing parklet photos and the proposed plan for a new parklet that identified 6 deviations including being directly in front of another business and a residence, nonsucculent plants, ebony stained Douglas fir with stainless steel cable barrier, TBD furniture, no bike rack (will provide two golf cart parking spots), and umbrellas/heaters (height/color TBD).

Staff explained that the business does not currently have an active business license, and a final certificate of occupancy is pending.

DRAFT
93 Planning Commission Adjourned Meeting Minutes of August 5, 2026 Page 15 Applicant Presentation:

Scott McIntosh, owner expressed a need to build to the standards and enhance the experience. Met with staff on site and want to give more design features. Plan is extensive work as more than a long-term structure. Still need to get the business license. The plan is to use what is useable, like the foundation.

Public Comments:

Brenda Dorantes, spoke on behalf of the owners stated they are probusiness; expressed no opposition to the parklets, request fair enforcement of design standards, parking spaces, blocks the gate and drain, to enforce the 9/31/26 deadline for a license. They do not consent to a parklet in front of their property and expressed a need for a long-term solution.

Applicant rebuttal:

Mr. McIntosh stated that they will scale back if needed; attempted to get permission, but no one is usually at the site; willingness to work with staff to be compliant; and believes it can be designed to work for everyone.

Commission questions/discussion:
• Confirming the business frontage with staff and applicant • Requirement is two parking spaces
• Removing it from obstructing the residence would be beneficial • Restaurant is below the Tropicana hotel
• Regardless of spaces, do not impede on residence entrance Chair Cosgrove closed the public hearing.

IT WAS MOVED BY CHAIR PRO TEM, SECONDED BY PRESCOTT-LOEFFLER, AND CARRIED 7-0, THAT THE PROJECT IS CATEGORICALLY EXEMPT FROM THE REQUIREMENTS OF CEQA PER §15321 AND §15311; AND TO APPROVE PARKLET DINING PERMIT 26-301, REUNION KITCHEN, 610 AVENIDA VICTORIA,SUBJECT TO THE CONDITIONS OF APPROVAL WITH THE FOLLOWING MODIFICATIONS:
• ALLOW 18 INCHES FOR DRAINAGE PATH OF TRAVEL;
• LENGTH OF PARKLET LIMITED TO THE LESSER OF TWO PARKING SPACES OR THE PILASTER SEPARATING THE TWO STAIRCASES;
• STORM-RELATED IMPROVEMENTS MUST REMAIN ACCESSIBLE
THROUGH EASILY REMOVABLE FLOORING (MIN 18 INCHES WIDE),

WITH AN IDENTIFIER FOR THE PRECISE LOCATION OF STORM
DRAINAGE INFRASTRUCTURE, VERIFIED BY ENGINEERING;
• THE LIMITED TERM PARKING RELIEF AGREEMENT WILL NOT BE

FINALIZED UNTIL A FINAL COA AND BUSINESS LICENSE ARE
ISSUED; AND
• IF NOT COMPLETE BY SEPTEMBER 30TH, 2026, THE PARKLET

MUST BE REMOVED UNLESS TEMPORARY AUTHORIZATION IS
GRANTED BY THE COMMUNITY DEVELOPMENT DIRECTOR.

DRAFT
94 Planning Commission Adjourned Meeting Minutes of August 5, 2026 Page 16

6. Chaupain (PDP 26-295) 211 Avenida Del Mar, Suite A & B Chair Cosgrove opened the public hearing:

Staff summarized the report that proposed 12 deviations including being in front of another business, 18-inch deck height, no clear space below deck, native California plants (some succulents), wrought iron fencing with vertical posts and wood-like composite railing, 37.5-inch barrier height, black and white French bistro furniture, bike rack (no golf cart), larger deck, not squared off, chestnut-colored umbrellas (7.5 ft tall), and 28 seats.

Applicant Presentation:

A representative of the business stated the owners were out of the country, gave a brief history of the bakery and stated the owners were unaware of the new requirements and standards at that time when they redesigned the parklet in December 2025. Their designed focused on safety, accessibility, to be inviting, and aesthetically pleasing.

Public Comments:

Amanda Quintanilla, expressed her support.

Chair Cosgrove closed the public hearing.

IT WAS MOVED BY CHAIR COSGROVE, SECONDED BY COMMISSIONER WASHINGTON, AND CARRIED 7-0, THAT THE PROJECT IS CATEGORICALLY EXEMPT FROM THE REQUIREMENTS OF CEQA PER §15321 AND §15311; AND TO APPROVE PARKLET DINING PERMIT 26-325, CHAUPAIN, 211 AVENIDA DEL MAR, SUITE A& B, SUBJECT TO THE CONDITIONS OF APPROVAL.

7. Goody’s (PDP 26-289) 206 S. El Camino Real
Chair Cosgrove opened the public hearing.

Staff summarized the seven exceptions for consideration including no plants, red and black wood barrier, 48-inch barrier height, red and black cocktail tables and chairs, hanging string lights, and no golf cart/bike parking.

Applicant Presentation:

Jeff Delaunay, distributed photos of the parklet and explained that the parklet is on private property that uses two spaces. Agreed to cut down posts, remove string lights (replacing with solar-powered downlighting in red umbrellas), and was open to sprucing up the area. The applicant wanted to keep the red and black barrier to match the building's trim and logo.

Commissioners’ Discussion highlights:
• Add plants along the facia board that are removable for after hours • Discussion on red and black color
• Height if acceptable
DRAFT
95 Planning Commission Adjourned Meeting Minutes of August 5, 2026 Page 17 • Black metal furniture
• Lighting is under umbrellas – no string lights
• Removed amplified music and tv

IT WAS MOVED BY VICE CHAIR CAMP, SECONDED BY COMMISSIONER GRIFFIN, AND CARRIED 7-0, THAT THE PROJECT IS CATEGORICALLY EXEMPT FROM THE REQUIREMENTS OF CEQA PER §15321 AND §15311; AND TO APPROVE PARKLET DINING PERMIT 26-325, GOODY’S, 206 S. EL CAMINO REAL, SUBJECT TO THE CONDITIONS OF APPROVAL, WITH THE FOLLOWING MODIFICATIONS:
• PAINT GUARDRAIL BLACK
• ADD RED UMBRELLAS

9. NEW BUSINESS
None.

10. OLD BUSINESS
None.

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

B. Tentative Future Agenda
In addition to the written report, City Planner Rehm reminded that next Design Review hearing will be next week, featuring minor changes for the Miramar Event Center.

C. Administrative Permit Report
Written report provided.

D. Staff Reports:
a. Fraud alert phishing alerts
b. Workshop: Interiors Historical September
c. Workshop: Symposium BIAOC Free in Irvine

12. ADJOURNMENT
The Planning Commission adjourned at 10:33 p.m. to the Regular Planning Commission scheduled for Wednesday, August 19, 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.

DRAFT
96 Planning Commission Adjourned Meeting Minutes of August 5, 2026 Page 18 Respectfully submitted,
___________________________
Cameron Cosgrove, Chair
Attest:
___________________________
Zach Rehm, Secretary to the Planning Commission
DRAFT
97 910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: September 15, 2026 Agenda Item: (1)
..ag endizedby
..end
Subject:
..titl e
Approve Wire Transfer No.
3494 and Warrant Nos.
613584 through 613731, paid on
8-28-26, in the amount of $4,172,366.02
TOTAL WARRANT REGISTER $4,172,366.02 ..end
98 CITY OF SAN CLEMENTE

CERTIFTCATION 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 $4,172,366.02
DATED ON 08/28/2026

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
99 apChkLst Final Check List Page: I
08/27/2026 12:04:28PM SAN CLEMENTE
Bank : city BMO
Check # Date Vendor
3494 8/25/2026 000659
6 3584
6 3585
6 3586
6 3587
6 3588
6 3589
6 3590
6 3591
8/28/2026 038786
8/28/2026 016780
8/28/2026 017063
8/28/2026 026375
8/28/2026 038778
8/28/2026 038736
8/28/2026 034095
8/28/2026 024288
6al3592 8/28/2026 019898
613593
613594
613595
613596
613597
8/28/2026 000184
8/28/2026 037745
8/28/2026 006409
8/28/2026 038455
8/28/2026 033685
613598
61 .3sgg
613600
613601
613602
613603
8/28/2026 007922
8/28/2026 037847
8/28/2026 032624
8/28/2026 026424
8/28/2026 C)al4004
8/28/2026 03524al
613604 8/28/2026 005046
613605
613606
8/28/2026 038692
8/28/2026 029136

THE BANK OF NEW YORI
4 M 30A DEVELOPMENT l

ABDELMUTI DEVELOPME

ADMINSURE INC

AFH HOLDINGS LLC

ALI, GHADA

ARBABI FARKHONDEH

ARDENT PRESS INC

ARMOR FENCE CONCEP

ATS COMMUNICATIONS

AWARDS N MORE

BAEZ, ADAM

BAY CITY INDUSTRIAL SL

BEACH CITIES VERVE AF
BEAR STATE WATER HE!

BEE BUSTERS

BESS TESTLAB INC

BLECKERT'S POWER SE

BOUGHTON, MARJORIE -
BROWN, THOMAS "CORi

BURKE WILLIAMS & SOR
C. WELLS PIPELINE MATI

CABRAL, ANNA

CALIFORNIA STREET LIG
Invoice
072126
072426
08al226
Ref002580078
090126
19106
Ref002580084
Ref002580067
ffl1l2519
48249
1440-17 45CM
1440-17 46CM
1440-17 44CM
131486
131487
7168
81126
318683
081026
812049
812089
157850

PPI FINAL
1432
090126
080326-080626
364665
366828
SI NV26-3876
SI NV26-3948
SINV26-3949
Ref002580066
1659
1666
Inv Date Descriotion
7/21/2026
7/24/2026
8 /1 2/2026
8/25/2026
9 /'1/2026
8/1 5/2026
8/25/2026
8/25/2026
7/20/2026
8/'11 /2026
8/1 2/2026
8/1 2/2026
8/1 2/2026
8/4/2026
8/3/2026
8/1 4/2026
8/1 1/2026
8/1 0/2026
8/1 0/2026
8/6/2026
8/6/2026
7 /27 /2026
7/30/2026
8/1 /2026
9 /1 /2026
8/1 1/2026
4 /9/2026
5 /1 1/2026
8/1 0/2026
8/1 7/2026
8/1 7/2026
8/25/2026
8/7/2026
8/1 5/2026
CFD 99-1 2021 REF INT
READ 2016-1 PRINC & INT
CFD 06-1 2025 REF PRINC &
U B Refund Cst #112376
100 AVENIDA CABRILLO PAR

CLAIMS ADMINISTRATION
UB Refund Cst #114267
U B Refund Cst #104999

REFUND OF CREDIT ON ACC

BUSINESS CARDS

FENCE REPAIRS RESERVOIF

FENCE REPAIRS RESERVOIF

FENCE REPAIRS RESERVOIF
LAO3597B AUG 2026 PAYMEN
LA23187D AUG 2026 PAYMEN

RSVP NAME BADGES
8/6/26 SOFTBALL OFFICIAL P

PARTS/H ARDWARE

CONTRACT INSTRUCTOR PA
R&R HSI FOR BOILER #3
AQUAT CTR. BOILER SERV

REMOVAL OF COLONY BEES

AC PIPE REPLACEMENT

GENERATOR RENTAL FOR C
175 AVENIDACABRILLO PAR

TRI-STATE SEMINAR EXP RE
SOLID WASTE GENERAL AD\

SOLID WASTE FRANCHISINC

PIPELINE MATERIALS

PIPELINE MATERIALS

PIPELINE MATERIALS
UB Refund Cst #097560

REPLC ST LIGHT

STRAIGHTEN STREETLIGHT
Amount Paid
315,400.00
881 ,186.83
1 ,7 44,5l 4.57

54.01 700.00
1 722.00

12.56 179.44
387.00
2 70.48
495.00
495.00
995 00
661 .03
766.30
3 0. 17

80.00 354.50
1 297.66
176.23
2,261.51
125.00
69,834.50
3,500.00
166.66
1,167.73

29. 10
505.50
2,720.69
4 ,997.45
4,993.67

87.98 3 800.00
I ,600.00
Check Total
2 ,941 ,101 .40

54.01 700.00
1,722.00

12.56 1 79.44
3 87.00
270.48
1 ,985.00
1,427.33
30 17

80.00 354.50
1 ,297.66

24.37.74 125.00
69, 834.50
3,500.00
166.66
1,167.73
534.60
12 711.81

87.98 5,400.00
Page: 1
100
apChkLst
08/27/2026 12:04:28PM
Final Check List
SAN CLEtVIENTE
Page: 2
Bank city BMO
Check #
613607
613608
613609
613610
613611
613612
613613
613614
613615
6-13616
6al3617
Date Vendor
8/28/2026 027238
8/28/2026 038781
8/28/2026 026426
8/28/2026 038789
8/28/2026 012397
8/28/2026 035342
8/28/2026 037321
8/28/2026 026046
8/28/2026 001417
8/28/2026 001394
8/28/2026 001086
(Continued)
CALPINE ENERGY SOLUCARLSON, STEVEN

CARRICK, CYNTHIAT
CBPIC CA 1 LLC

CENTRAL COMMUNICATI

CMCA LAW GROUP APC

COHEN, AYELET

COLTS LANDSCAPE INC

CONSOLIDATED ELECTR

COOK PGA GOLF SHOPI

COUNTY OF ORANGE
Invoice
2623200238288
2623200238295
Ref002580071
090126
Ref002580081
000041-037-291
2 376
2 377
2 378
2 379
2 380
2 381
2 374
2 375
2 383
2 370
2 37al
2 372
2 373
2 382
2 139
2 140
2 367
2 368
2 369
Ref002580073
3073
2997
2877
3076
2995
3079
1102813
082426
SH7 4859
Inv Date Descriotion
8/20/2026
8/20/2026
8/25/2026
9/1 /2026
8/25/2026
8/1 /2026
8/4/2026
8/4/2026
8/4/2026
8/4/2026
8/4/2026
8/4/2026
8/4/2026
8/4/2026
8/4/2026
8/4/2026
8/4/2026
8/4/2026
8/4/2026
8/4/2026
8/3/2026
8/3/2026
8/4/2026
8/4/2026
8/4/2026
8/25/2026
8/1/2026
8/ 0/2026
8/ 8/2026
8/ 3/2026
8/ 0/2026
8/ 7/2026
8/ 0/2026
8/24/2026
8/1 4/2026
ELECTRICITY A/C#281219
ELECTRICITY A/C #271426
UB Refund Cst #108704
175 AVENIDA CABRILLO PAR
UB Refund Cst #'113514
24 HOUR CODE COMPLIANC

CODE COMPLIANCE LEGAL

CODE COMPLIANCE LEGAL

CODE COMPLIANCE LEGAL

CODE COMPLIANCE LEGAL

CODE COMPLIANCE LEGAL

CODE COMPLIANCE LEGAL

CODE COMPLIANCE LEGAL

CODE COMPLIANCE LEGAL

CODE COMPLIANCE LEGAL

CODE COMPLIANCE LEGAL

CODE COMPLIANCE LEGAL

CODE COMPLIANCE LEGAL

CODE COMPLIANCE LEGAL

CODE COMPLIANCE LEGAL

OCSD LEGAL SERVICES FO

OCSD LEGAL SERVICES FO

CODE COMPLIANCE LEGAL

CODE COMPLIANCE LEGAL

CODE COMPLIANCE LEGAL
U B Refund Cst #1 '10797
TREE TRIMMING 316 AVE SIE
TREE TRIMMING 316 AVE SIE

COLTS - BCHS, ACCESS & PI

COLTS - LANDSCP EAST - SL

TREE TRIMMING & REM
TREE REMOVAL 316 AVE SIE

MATERIALS
8/1 7/26 - 8/23/26 WEEKLY PA'l

AFIS USER FEES
Amount Paid
6,389.24
28,582.56

41.85 166.66
117.25
1 ,15102
2 7.70
2,368.60
I ,282.39
617.68
967.80
138.50

34.20 221.60
166.20

55.40 166.20

55.40 467.50
695.48

44.95 12 000.00
1527.30
110.80
394.72

90.41 2,550.00
4,250.00
4,800.00
960.00
800.00
750.00
123.45
34,801 .04
2,091 .00
Check Total
34,97'1.80
4185
166.66
117.25
1,151.02
2al,342.42

90.41 14,110.00
123.45
34,801 .04
2,09al .00
Page:2
101
apChkLst Final Check List Page: 3
08/27/2026 12:04:28PM SAN CLEMENTE
Bank : city BMO
Check #
613618
Date Vendor
8/28/2026 006090
613619
613620
613621
613622
613623
8/28/2026 021117
8/28/2026 00C)168
8/28/2026 015994
8/28/2026 C)15290
8/28/2026 002647
613624
613625
8/28/2026 015986
8/28/2026 037882
6 3626
6 3627
6 3628
ei 3629
6 3630
6 3631
6 3632
6 3633
6 3634
6 3635
8/28/2026 034639
8/28/2026 011576
8/28/2026 038791
8/28/2026 012157
8/28/2026 038790
8/28/2026 033869
8/28/2026 005339
8/28/2026 035242
8/28/2026 021888
8/28/2026 032612
6al3636
613637
613638
613639
8/28/2026 038762
8/28/2026 036677
8/28/2026 029327
8/28/2026 030042
(Continued)
Invoice Inv Date Description

CTS LANGUAGE LINK

CWEA - TCP

DESTEFANO, LOUIS

ELLENS, KARINA
613370
COX COMMUNICATIONS 060297301 8/4/2026
058716701 8/8/2026
BLSl2608al8-7al 8/ 8/2026
384469 8/ 4/2026
DE LAGE LANDEN FINAN 598280764 8/ 4/2026
DELTACARE USA BEOO7'192553 9/ /2026
DENAULTaS HARDWARE 535879 8/ 7/2026
535784 8/ 0/2026
535830 8/ 2/2026
535834 8/ 3/2026
535835 8/ 3/2026
535881 8/ 7/2026
535887 8/ 7/2026
81126 8/ 1/2026
081326 8/ 3/2026
8/ 4/2026
ENGINEERING SOLUTIOI 2206-141P 6/ 8/2026
EQUIFAX INFORMATION : 2075752388 8/7/2026
ERET INC, Ref002580085 8/25/2026
FERGUSON WATERWOR 0082684 8/10/2026
FIROUZNAM, FARSHA Ref002580083 8/25/2026
FITNESS EQUIPMENTSP 19356 8/12/2026
FRIENDSHIP SHELTER IS 258 7/31/2026
FULLTRAFFIC MAINTEN) 48467 8/4/2026
FUSECO INC S102932436 00a 8/3/2026
GIANT CO2 080126al2 8/1/2026
08012613 8/1/2026
1 47485 8/3/2026
1 47484 8/3/2026
8/1 7/2026
8/1 3/2026
8/7 /2026
RET-2647 6/30/2025

GICK, CANDACE
GMZ ENGINEERING INC PP15
GOLDEN WEST WINDOu 27123

GPA CONSULTING
081726

CITYWIDE LANDLINE PHONE

COX DATA AND VIDEO SERVI
TRANSLATION / EDITING / Pl
MEMBERSHIP RENEWAL-A.

CITYWIDE MULTIFUNCTION!
05-R10220600000 HMO DENT

HARDWARE & MAINT SUPPL

HARDWARE & MAINT SUPPL

HARDWARE & MAINT SUPPL

HARDWARE & MAINT SUPPL

HARDWARE & MAINT SUPPL

HARDWARE & MAINT SUPPL

HARDWARE & MAINT SUPPL
8/5/26 ADULT SOFTBALL OFF

INSTRUCTOR PAYMENT

DUPLICATE PAYMENT BARC(

GRANT ASSISTANCE SERVIC

UTILITIES CREDIT SCORING
U B Refund Cst #114383
CUSTOMER #701
UB Refund Cst #114265

CH TREADMILL SERVICE & R

MOU - HOUSING SUPPORT E

PARKING SIGNS

ELECTRICAL PARTS & SUPPI

CHEMICAL SUPPLIES

CHEMICAL SUPPLIES

CHEMICAL SUPPLIES

CHEMICAL SUPPLIES

CUSTOMER REFUND
CYPRUS SHORE GRADING !

WINDOW CLEANING QUARTI
MILLS ACT SERVICES - CM 7
Amount Paid
5 ,092.52
6 ,395.92

51.90 259.00
2,876.02
1 ,603.95

77.22 2 9.07

50.08 70.74

12.64 139.37

27.97 120.00
3 ,990.00
-2,660.00
4,995.00
310.66

7.70 2,582.12

58.52 240.00
6 000.00

96.98 1 ,357.65

53.88 2 6.94
292.79
426.42

40.00 181 ,920.34
1 036. 15
4 124.55
Check Total
11 ,4F3E1.44
51 .90
259.00
2,876.02
1 603.95
407.09
120.00
1,330.00
4,995.00
310.66

7.70 2,582.12

58.52 240.00
6 000.00

96.98 I ,357.65
800.03

40.00 181 ,920.34
1,036.15
4,124.55
Page: 3
102
apChkLst
08/27/2026 12:04:28PM
Final Check List

SAN CLEMENTE
Page: 4
Bank : city BMO
Check #
6al3640
Date Vendor
8/28/2026 00al926
6 364'i
6 3642
6 3643
6 3644
6 3645
6 3646
6 3647
6 3648
6 3649
8/28/2026 0023TI
8/28/2026 037316
8/28/2026 023511
8/28/2026 038783
8/28/2026 0047fi7
8/28/2026 035al88
8/28/2026 038774
8/28/2026 038782
8/28/2026 003185
6al3650
6al3651
613652
8/28/2026 038775
8/28/2026 038776
8/28/2026 007033
613653
6al3654
8/28/2026 037681
8/28/2026 010733
(Continued)
Invoice
GRAINGER INC, W W 9042834al 93
9046490505
9049856520
9039786919
9037688836
9043301 473
9039945424
9047247730
9042834185
HAAKER EQUIPMENT CO INV45409
HAMMARGREN ELEANO 081026
HARPER, EVERETT 81126
HARVEY, AMY Ref002580075
HDL COREN & CONE SINO65896
HEALTHY U 080726
HELGR)M LARS Ref002580061
HEYREND KODI Ref002580072
IDEXX DISTRIBUTION IN( 3204631434
3206571574
IHOP CORP 946 Ref002580063
IHOP CORP SITE #0946 Ref002580064
IMPERIAL SPRINKLER SL 0028865659-00
0024761 77 4-00
0028998348-00
0028964339-00
0028982317-00
0028998310-00
0029085129-00
0028988061-00
0029023025-00
00290405al O-00
0029048544-00
0028998601-00
INSPIRA FINANCIAL 1005 100576-219851
IRVINE PIPE & SUPPLY S124040946.00
Inv Date Descriotion
8/ 3/2026
8/ 7/2026
8/ 9/2026
8/1/2026
8/ 0/2026
8/ 3/2026
8/ 2/2026
8/ 8/2026
8/ 3/2026
8/20/2026
8/1 0/2026
8/1 1/2026
8/25/2026
7/27/2026
8/7/2026
8/25/2026
8/25/2026
7/1 /2026
7/28/2026
8/25/2026
8/25/2026
8/7/2026
8/5/2026
8/ 3/2026
8/ 2/2026
8/ 3/2026
8/ 3/2026
8/ 8/2026
8/ 3/2026
8/ 4/2026
8/ 7/2026
8/ 7/2026
8/ 7/2026
8/ 0/2026
8/ 8/2026

HARDWARE EQUIPMENT

HARDWARE EQUIPMENT

HARDWARE EQUIPMENT

HARDWARE EQUIPMENT

HARDWARE EQUIPMENT

HARDWARE EQUIPMENT

HARDWARE EQUIPMENT

HARDWARE EQUIPMENT

HARDWARE EQUIPMENT

PARTS / HARDWARE

INSTRUCTOR PAYMENT
8/5,6/26 ADULT SOFTBALL Of
U B Refund Cst #114 532
PROPERTY TAX AUDITING St

INSTRUCTOR PAYMENT
UB Refund Cst #009890
UB Refund Cst #1 099'l 1

COLIFORM TESTING SUPPLI

COLIFORM TESTING SUPPLI
UB Refund Cst #023466
UB Refund Cst #023468

MPERIAL SPRINKLER SUPPI

MPERIAL SPRINKLER SUPPI

RRIGATION SUPPLIES

RRIGATION SUPPLIES

RRIGATION SUPPLIES

RRIGATION SUPPLIES

RRIGATION SUPPLIES

RRIGATION SUPPLIES

RRIGATION SUPPLIES

RRIGATION SUPPLIES

RRIGATION SUPPLIES

RRIGATION SUPPLIES

DEPENDENT CARE HEALTHC

PIPE & SUPPLIES
Amount Paid
785.45
270.90

72.89 56.:31
741.64
383.57
227.89
564.23
275.58
4 999.73
1 232.00
160.00

82.07 5 402.25
168.00

90.00 15.30
4107.79
6 504.95

15.93 571 .91
-3,054.72
10, 177.00

42.48 86.10

80.63 178.75

26.27 730.04

44.82 -184. 10

92.18 90.25
200.76
2 044.7E3
Check Total
3 ,378.46
4 ,999.73
1 232.00
160.00

82.07 5 402.25
168.00

90.00 15.30
10,612.74

15.93 5'7"l.91
8 677.90
200.76
2,044.78
Page: 4
103
apChkLst
08/27/2026 12:04:28PM
Final Check List

SAN CLEMENTE
Page: 5
Bank : city BMO
Check #
613655
613656
Date Vendor
8/28/2026 013662
8/28/2026 000498
6 6
6 6
6 6
6 6
6 6
6 6
3657
3658
3659
3660
3661
3662
3663
3664
3665
3666
3667
3668
8/28/2026
8/28/2026
8/28/2026
8/28/2026
8/28/2026
8/28/2026
8/28/2026
8/28/2026
8/28/2026
8/28/2026
8/28/2026
8/28/2026
008609
000379
038787
038777
001721
020138
029596
005232
019816
012492
028472
007564
613669
613670
8/28/2026 038784
8/28/2026 000502
6 3671
6 3672
6 3673
63674
6 3675
6 3676
6 3677
8/28/2026 038768
8/28/2026 038788
8/28/2026 027379
8/28/2026 038792
8/28/2026 031605
8/28/2026 023015
8/28/2026 030289
(Continued)

IVERSON, MARK

J & S STRIPING CO INC

JOHNSTONE SUPPLY OF

JONES CHEMICALS INC

KANEDA, DAVE

KAPLAN, ROCHELLE

KNORR SYSTEMS INT'L L

KRIEGER ELECTRIC

LASCELLES, BRANDON

LAWSON PRODUCTS INC

LGC GEOTECHNICAL INC

LITTLEJOHN-REULAND C

LOUNSBERY FERGUSON

LOWE'S COMPANIES INC

MAHMOOD, MAZHAR

MCMASTER-CARR SUPP

MILLER, NICOLE

MOCK, JORDAN

MYRIAD INDUSTRIES

NIGRO, JOHN

NORTHSTAR CHEMICAL

NURSERY PRODUCTS LL

OCCUPATIONAL HEALTH
Invoice
071326-071526
13004
12998
I 2990RV
2197766
1002713
Ref002580079
ReFOO2580065
318101
33159
072826A
9313694672
01-25027
0068552
724-01649-0000
27505
86928
53654
76573
84987
21276
Ref002580076
69970869
70221608
70297564
PHP26-223
Ref002580080
022388
Ref002580246
347721
70388
92055178
Inv Date Description
7/15/2026
7/31 /2026
8/1 0/2026
7/31 /2026
7/30/2026
7/27 /2026
8/25/2026
8/25/2026
8/1 4/2026
8/1 0/2026
7 /28/2026
8 /6/2026
5/31 /2026
7 /31 /2026
8 /1 2/2026
8/20/2026
7 /23/2026
8 /1 3/2026
7/28/2026
7 /22/2026
8 /1 8/2026
8/25/2026
8/1 2/2026
8/1 7/2026
8/1 8/2026
5/27/2026
8/25/2026
8/1 2/2026
8/26/2026
7 /30/2026
8/1 /2026
8/1 2/2026
TRAINING EXP REIMBURSEl'v

STRI PING/M ARKI NG

SCHOOL ZONE MARKI NGS

SCHOOL ZONE MKG

JOHNSTONE SUPPLY-MS AC

CONTRACT BETWEEN SOCV
UB Refund Cst #112898
UB Refund Cst #086268

POOL EQUIPMENT

NSTALL HAND DYERS

CONTRACT INSTRUCTOR PA

VARIOUS HARDWARE

GEOTECHNICAL EVALUATIO

PARTS & LABOR

FEES FOR PROFESSIONAL S
#9800 154381 2 SUPPLIES
#9800 154381 2 SUPPLIES
#9800 154381 2 SUPPLIES
#9800 154381 2 SUPPLIES
#9800 154381 2 SUPPLIES
#9800 154381 2 SUPPLIES
UB Refund Cst #111885

EQUIPMENT & TOOLS

EQUIPMENT & TOOLS

EQUIPMENT & TOOLS

REFUND OF APPLICATION
UB Refund Cst #1 i 3491

SUPPLIES
UB Refund Cst #076708

CONTRACT BETWEEN SOCV
ANNUAL PO FOR TRANSPOFi
MEDICAL SERVICES FOR CI1
Amount Paid

63.00 4,725.96
3 ,043.75
4 ,725.96
5 ,054.76
8,847.98

42.63 106.52
77E1.70
3,100.00
11,27 4.90
956.07
1 720.00
3 450.54
4 305.50

7.14 129.87

86.89 345.81
274.86
161 .20
289.67
376.47
286.84

95.39 510.00

10.65 900.43
4 243.94
1 750.79
39 857.49
1 376.00
Check Total

63.00 12,495.67
5 054.76
8,847.98

42.63 106.52
778.70
3100.00
11,274.90
956.07
1 ,720.00
3 ,450.54
4 ,305.50
1 005.77
289.67
758.70
510.00

10.65 900.43
4,243.94
1,750.79
39 857.49
1 376.00
Page: 5
104
apChkLst
08/27/2026 12:04:28PM
Final Check List

SAN CLEMENTE
Page: 6
Bank : city BMO
Check #
613678
Date Vendor
8/28/2026 001207
(313679 8/28/2026 025959
613680 8/28/2026 008563
61368al 8/28/2026 000535
(Continued)
Invoice Inv Date Descriotion
ODP BUSINESS SOLUTIC 47592602800 7/23/2026
47592479300 7/23/2026
47771786500 8/7/2026
47296221100 7/29/2026
47275381100 8/3/2026
47219929400 8/4/2026
47(312334300 8/5/2026
476'l2937100 8/5/2026
47586360800 7/23/2026
47589974700 7/23/2026
47819357900 8/-11/2026
47819447000 8/11/2026
OMNI ENTERPRISE INC CSC8071926 8/6/2026
CSC8062al26 8/6/2026
CSC8053126 7/24/2026
ONESOURCE DISTRIBUT SOO8393278 00" 8/5/2026
SOO8393203.001 8/5/2026
SOO8392250.00' 8/5/2026
SOO8395126.001 8/10/2026
SOO837444'l.001 8/5/2026
SOO8392366.001 8/5/2026
SOO8386761.001 8/4/2026
SOO8386761 00; 8/12/2026
SOO8393242.001 8/5/2026
SOO8409672 00" 8/1 3/2026
SOO83785ll.00al 8/7/2026
SOO8388227 00" 8/7/2026
SOO8389207.001 8/12/2026
SOO8392067.00; 8/12/2026
5008336364.001 8/5/2026
SOO8392067.001 7/3'l/2026
ORANGE CO ENVIRONMI IN2842745 8/1/2026
1N2843254 8/1/2026
1N2843606 8/1/2026
OFFICE SUPPLIES A/C #8983
OFFICE SUPPLIES A/C #8983
OFFICE SUPPLIES A/C #8983
OFFICE SUPPLIES A/C #8983
OFFICE SUPPLIES A/C #8983
OFFICE SUPPLIES A/C #8983
OFFICE SUPPLIES A/C #8983
OFFICE SUPPLIES A/C #8983
OFFICE SUPPLIES A/C #8983
OFFICE SUPPLIES A/C #8983
OFFICE SUPPLIES A/C #8983
OFFICE SUPPLIES A/C #8983

JANITORIAL SERVICES

JANITORIAL SERVICES

JANITORIAL SERVICES
SUPPLY
SUPPLY
SUPPLY
SUPPLY
SUPPLY
SUPPLY
SUPPLY
SUPPLY
SUPPLY
SUPPLY
SUPPLY
SUPPLY
SUPPLY
SUPPLY
SUPPLY
SUPPLY
FAOO23930 FEES
FAOO23930 CUPA HAZARDOU
FAOO23930 UNDERGROUND :

Amount Paid

80.80 23.14
202.89
284.45

57.44 244.55

30.32 58.81

93.99 29.08
112.66

15.58 4,550.00
2 ,080.00
3 500.00
al4l5.l0
3 035.33
2 ,958.58
3 937.57
673.59
3 352.40
535.09
302.91
1415.10
I ,601 .56
744.21
172.46
744.2i
1 ,520.42
4 ,183.02
952.31
884.00
5 92.00
1,490.00
Check Total
1 233.71
10 130 00
27, 543.86
2,966.00
Page: 6
105
apChkLst Final Check List Page: 7
08/27/2026 12:04:28PM SAN CLEMENTE
Bank : city BMO
Check #
613682
Date Vendor
8/28/2026 020253
613683
613684
613685
613686
8/28/2026 016405
8/28/2026 034649
8/28/2026 010648
8/28/2026 008613
613687
613688
8/28/2026 033634
8/28/2026 024076
613689 8/28/2026 003616
613690 8/28/2026 032629
(Continued)
Invoice Inv Date Descriotion
O'REILLY AUTO PARTS 2676-388688
2676-388796
PACIFIC DIVERSIFIED LLi Ref002580062
PARSONS, ROSS 81126
PLUMBERS DEPOT INC PD-62035
POLYDYNE INC 2052624

PRIDESTAFF INC
2049402
2044185
2046938
30al 956461
PRIORITY LANDSCAPE S 21340
21328
21329
PRUDENTIALOVERALLS 324al8979
32421035
32418994
32421048
3242 '1049
32418995
3242al050
32421053
32418997
32418998
32418996
324al 8999
32421051
32421052
QUANTUM ANALYTICAL E 26443
26470
8/3/2026 PARTS
8/4/2026 PARTS
8/25/2026 UB Refund Cst #015407
8/11/2026 8/5,6/26SOFTBALLOFFICIAL
8/12/2026 PARTS / SUPPLIES
8/3/2026 SUPPLY & DELIVERY OF POL
7/15/2026 SUPPLY&DELIVERYOFCHE
7/6/2026 SUPPLY & DELIVERY OF POL
7/15/2026 SUPPLY & DELIVERY OF POL
8/9/2026 GOLF COURSE TEMPORARY
8/ 2/2026 SUPPLIES - IRRIGATION & L/-
8/ 1/2026 PRIORITY-LANDSCPWEST
8/ 1/2026 PRIORITY-LANDSCPWEST
8/ 1/2026 1372603 UNIFORMS RENTAL
8/ 8/2026 1372603 UNIFORMS RENTAL
8/ 1/2026 1372604 FLOOR MATS
8/ 8/2026 1372604 FLOOR MATS
8/ 8/2026 1372601 UNIFORMS RENTAL
8/ 1/2026 1372601 UNIFORMS RENTAL
8/ 8/2026 RENTAL & CLEANING OF UT
8/ 8/2026 RENTAL & CLEANING OF UT
8/ 1/2026 RENTAL & CLEANING OF UT
8/ 1/2026 RENTAL & CLEANING OF UT
8/ 1/2026 RENTAL & CLEANING OF UT
8/ 1/2026 RENTAL & CLEANING OF UT
8/ 8/2026 RENTAL & CLEANING OF UT
8/ 8/2026 RENTAL & CLEANING OF UT
7 /31/2026 ANALYSIS OF HHV
8/7/2026 ANALYSIS OF HHV
Amount Paid

9.77 293. 19

74.37 160.00
367.00
19,682.91
4,230.27
19,851 .86
9,119.96
2 ,502.64
3 ,120.00
3 ,380.00
720.00

60.56 60.56

33.32 33.32
4 4.82

44.82 23.52

19.50 93.25

77.70 23.52

19.50 93.25

77.70 1 ,650.00
2 70.00
Check Total
302.96

74.37 160.00
367.00
52 885.00
2 502.64
7 220.00
705.34
1,920.00
Page. 7
106
apChkLst Final Check List Page: 8
08/27/2026 12:04:28PM SAN CLEMENTE
Bank : city BMO
Check #
613691
Date Vendor
8/28/2026 003033
613692
613693
6al3694
8/28/2026 034177
8/28/2026 038779
8/28/2026 000067
613695 8/28/2026 037899
613696
613697
613698
8/28/2026 038785
8/28/2026 0006C)1
8/28/2026 001174
613699 8/28/2026 009896
613700
6al3701
613702
613703
8/28/2026 018587
8/28/2026 005035
8/28/2026 008882
8/28/2026 002196
(Continued)
Invoice
RALPHS GROCERY CO 06909al
005699
035446
088648
060376
Oal0034
027799
083892
046484
065100
REAL ESTATE CONSULTII 20019
REARDON JAMES Ref002580068
RINCON TRUCK CENTER 381621
38al069
381974
381883
SAH ART ACADEMY OE31726
080626A
SALCIDO, JUSTICE Ref002580077
SAN CLEMENTE CHAMBE 2665
SAN DIEGO GAS & ELEC' 08al826
OE31026G
081226
081426
SANTAMARGARITAWATI QC)1'l40al3000-52
00114013000-52
00094005000-4!!:
00094005000-4!
00 all40l3000-51
001 1401 3000-5C
00114013000-52
SC ROOKIES 08al726
SCHROEDER, KAYNE A 081326
SEABERN, JESSICA 080726
SIERRA ANALYTICAL LAB 6H13001
Inv Date Description
8/6/2026 BPR A/C # E 0007
8/10/2026 BPR A/C # E 0007
8/11/2026 BPRA/C#E 0007
7/31/2026 BPR A/C # E 0007
8/6/2026 BPR A/C # E 0007
7/20/2026 BPR A/C # E 0007
7/21/2026 BPRA/C#E 0007
7/24/2026 BPR A/C # E 0007
7/29/2026 BPR A/C # E 0007
7/30/2026 BPR A/C # E 0007
8/al4/2026 PAINTRAILINGSATBOOKST
8/25/2026 U B Refund Cst #'l07223
8/13/2026 PARTS
8/13/2026 PARTS
8/17/2026 PARTS
8/al2/2026 PARTS
8/17/2026 INSTRUCTOR PAYMENT
8/6/2026 INSTRUCTOR PAYMENT
8/25/2026 UB Refund Cst #1 fi1906
6/5/2026 REIMB. FOR COFFEE WITH (
8/ 8/2026 210000057099 DISTRIBUTIOiS
8/ 0/2026 0006191078453 DISTRIBUTIO
8/ 2/2026 0052638245453 DISTRIBUTIO
8/ 4/2026 0027684968885 DISTRIBUTIO
8/ /2026 WATERSERVICES#OO 40
8/ /2026 WATERSERVICES#OO 40
8/ /2026 WATERSERVICES#OO 40
8/ /2026 WATERSERVICES#OO 40
8/ /2026 WATERSERVICES#OO 40
8/ /2026 WATER SERVICES #OO 40
8/ /2026 WATERSERVICES#OO 40
8/ 7/2026 INSTRUCTOR PAYMENT
8/ 3/2026 INSTRUCTOR PAYMENT
8/7/2026 INSTRUCTOR PAYMENT
8/13/2026 POCHE DIVERSION PROJEC'
Amount Paid
225.21

65.87 97.50

38.82 26.98

4.3.44 57.68
563.24

22.03 79.50
4,360.00

73.75 40.43

39.77 152.57
103.34
1 ,680.00
2 ,905.00
106.34
420.00
3 7 298.34
4 9, 120.36
185.05

28.28 105.89
265 87
9115
3,024.31
266.88
2,997.35
1,342.68
798.00
14,374.50
11,232.10
370.00
Check Total
1 220.27
4,360.00

73.75 336. 11
4,585.00
106.34
420.00
86 632.03
8,094.13
798.00
14374.50
11232.10
370.00
Page: 8
107
apChkLst Final Check List Page: 9
08/27/2026 12:04:28PM SAN CLEMENTE
Bank : city BMO
Check #
613704
Date Vendor
8/28/2026 008357
613705 8/28/2026 028119
613706
613707
613708
8/28/2026 002755
8/28/2026 001970
8/28/2026 000817
6 3709
6 37 0
6 37 1
6 37 2
6 37 3
6 37 4
6 37 5
6 37 6
6 37 7
6 37 8
6 37 9
6 3720
6 3721
6 3722
8/28/2026 011005
8/28/2026 003204
8/28/2026 000208
8/28/2026 003563
8/28/2026 014098
8/28/2026 022514
8/28/2026 026875
8/28/2026 026425
8/28/2026 032785
8/28/2026 01(3171
8/28/2026 014307
8/28/2026 038703
8/28/2026 038633
8/28/2026 038021
613723
613724
613725
613726
8/28/2026 007027
8/28/2026 036791
8/28/2026 015061
8/28/2026 001190
613727 8/28/2026 038780
(Continued)
Invoice Inv Date Description
SIMPLOT TURF & HORTI( 205108892 8/ 3/2026
205-108814 8/ 0/2026
205108824 8/ 0/2026
205108893 8/ 3/2026
SMARTENERGYWATER 12440 8/ 1/2026
12419 8/ 0/2026
SOUTH COAST DISTRIBL 326880 8/ 7/2026
SOUTH COAST LIGHTINC S505556 8/ 3/2026
SOUTH COAST WATER D 5707 8/3/2026
5682 7/8/2026
SOUTHERN CALIF ASSO( SCAG FY27 01< 7/1/2026
SOUTHERN CALIF GAS C 072926B 7/29/2026
SOUTHERN COUNTIES F IN-0000414978 8/12/2026
STANDARDINSURANCE 090126 9/1/2026
STANDARDINSURANCE SEPT26 9/U2026
STARFISH SIGNS & GRAi INV-9294 8/19/2026
SUN, JAMES Ref002580082 8/25/2026
TAYLOR, WILLIAM D 090al26 9/1/2026
THE FRANK HC NAM BYF 09C)126 9/1/2026
THEPOOLSERVICESPEOOOOO138 8/14/2026
TIMES MEDIA GROUP 84FA23BA-0254 8/6/2026
TM CALIFORNIA SERVICE Ref002580074 8/25/2026
TREA CALLE DEL CERRO Ref002580070 8/25/2026
TREVIPAY F891FCB3 8/13/2026
5914469F 8/17/2026
22DB43DB 8/6/2026
TURF STAR INC INV171553 8/12/2026
UKINTERNATIONALSOCO81126 8/11/2026
UNREALE PROMOTIONS 08al326 8/13/2026
USA BLUE BOOK INVC)1137805 8/19/2026
INVC)1137881 8/19/2026
WALKER GREGORY Ref002580069 8/25/2026

GOLF COURSE TRUF SUPPL

GOLF COURSE TRUF SUPPL
SIMPLOTTURF & HORTICULGOLF COURSE TRUF SUPPL

ANNUAL SUBSCRIPTION FEE

VR FEES AND CHARGES

SUPPLIES

PARTS FOR TRAFFIC SIGNAI
JRWSS FY2027 0PERATIONE
JRWSS FY2027 0PERATIONE
FY2026-27 ANNUAL DUES AS
01060702006 GAS SERVICES

FUEL PURCHASES FOR CITY

VOLUNTARY LIFE INSURANC

INSURANCE
ADVERTISING / BANNER UP[
U B Refund Cst #1 '13970
175 AVENIDACABRILLO PAR
103 & 107 AVENIDAGRANDA

POOL MAINT SERVICES FOR

CITY LEGAL ADS NOTICE
U B Refund Cst #1 1 1'l23
UB Refund Cst #108356

SUPPLIES

SUPPLIES

SUPPLIES

GOLF COURSE TURF MATEF

INSTRUCTOR PAYMENT

NSTRUCTOR PAYMENT

SUPPLIES

SUPPLIES
UB Refund Cst #al08l19
Amount Paid
1 ,735.86
2 ,777.F34
-12,366.69
808.13
3,520.00
346.12
159.25
1,967.52
129 889.94
129889.94
9 220.00

15.78 13904.92
169.20
8 613.41
867.03

25.07 166.66
9 00.00
5 208.33

70.24 297.09
125.10

28.87 22.98
147.95
1,939.70
9,806.30
36,540.00
628.40
4 ,118.54
5 9.28
Check Total
17,688.52
3,866.12
159.25
1,967.52
259,779. 88
9,220.00

15.78 13,90492
169.20
8 ,613.41
867.03

25.07 166.66
9 00.00
5,208.33

70.24 297.09
125. 10
199.80
1 939.70
9,806.30
36,540.00
4 ,7 46. 94
5 9.28
Page: 9
108
apChkLst
08/27/2026 12:04:28PM
Final Check List

SAN CLEMENTE
Page: 10
Bank : city BMO
Check #
613728
Date Vendor
8/28/2026 003356
613729
6al3730
61 373al
8/28/2026 000996
8/28/2026 036048
8/28/2026 000870
(Continuedi
Invoice
WATERLINE TECHNOLO( 5809494
5809495
5808al 5al
5808335
WAXIE SANITARY SUPPU 84064192
WESTAMERICA COMMUt' 376968
WITTMAN ENTERPRISES WITT-000879
Inv Date Descriotion Amount Paid
8/1 1/2026
8/11 /2026
8/4/2026
8/5/2026
8/al 3/2026
7/30/2026
7/31/2026

CHEMICAL SUPPLIES FOR PI

CHEMICAL SUPPLIES FOR PI

CHEMICAL SUPPLIES FOR PI

CHEMICAL SUPPLIES FOR PI

DOG WASTE ROLL BAGS

PRINTING FOR THE FALL & V

AMBULANCE BILLING SERVI(
3 701 .43
541 .12
3,146.52
96al.99
I ,543.86
11,541.94
17,1 47.B0
Sub total for BMO:

Check Total
8,351 .06
1,543.86
11,541.94
17, 147.80
4, 172,366.02
Page: <0
109
apCh kLst Final Check List Page. "11
08/27/2026 12 04 28PM
149 checks in this report.

SAN CLEMENTE
Grand Total All Checks: 4 172 366.02
Page. 11
110
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: September 15, 2026 Agenda Item: 11D.

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

CONSIDERATION OF A RESOLUTION AWARDING A PROFESSIONAL CONSULTANT SERVICES AGREEMENT TO DUNCAN ENGINEERING, INC. FOR WATERFRONT

STRUCTURAL INSPECTION AND DESIGN SERVICES FOR THE PIER IMPROVEMENTS PROJECT, CIP PROJECT NO. 17149, AUTHORIZING THE CITY MANAGER TO EXECUTE

THE PROFESSIONAL CONSULTANT SERVICES AGREEMENT IN AN AMOUNT NOT TO EXCEED $116,213 AND FINDING THE PROJECT CATEGORICALLY EXEMPT FROM THE CALIF ..body ORNIA ENVIRONMENTAL QUALITY ACT
Summary:

The City Council is being asked to consider adoption of a resolution (Attachment 1) to award and authorize the execution of a Professional Consultant Services Agreement to Duncan Engineering, in an amount not to exceed $116,213 (Attachment 2), for the Waterfront Structural Inspection and Design Services for the Pier Improvements Project, CIP Project No. 17149.

City staff has identified portions of the pier (including piles, cross bracings, guardrail posts, and decking) that need replacement and rehabilitation in addition to this routine inspection.

San Clemente Municipal Pier Timber Pile Inspection
111
Meeting Date: September 15, 2026 Agenda Item: 11D.

CITY OF SAN CLEMENTE 2
Background:

The City of San Clemente Municipal Pier consists of an approximately 167-foot-wide by 104-footlong pier head area supporting restaurant facilities over the beach. The pier then narrows to an average of 24 feet wide for the remainder of its 1,288-feet total length. Two-thirds of the pier is supported by timber piling and the outer one-third is supported by steel pipe piling. Biennially, the City of San Clemente assesses the Municipal Pier to ensure its structural integrity and meet regulatory requirements set forth by the California Coastal Commission.

Discussion:

Under the proposed Agreement, the consultant will conduct a site investigation of the piles, pile caps, stringers, decking, and railing; take measurements; complete a pile wrap survey; and prepare a pile wrap survey report. Upon completion of the inspection, the consultant will complete structural design and geotechnical engineering for pile replacement support. In addition, the consultant will provide bid phase support, as-needed construction support services, and assist with environmental permitting.

City staff prepared a Request for Proposals (RFP) for the Waterfront Structural Inspection and Design Services for the Pier Improvements Project and researched potential local contractors. On August 13, 2026, the City solicited proposals from six firms, none of which are local: Duncan Engineering, Collins Engineers, Moffat & Nichol, KPFF, HDR, and Blue Horizon Engineers, Inc.

The City received three proposals from Duncan Engineering ($116,213), KPFF Consulting Engineers ($280,246), and Moffat & Nichol ($392,800). In accordance with the City’s Procurement Policy and Procedure Section VIII – Selection of Professional Service Consultants and Contractors, City staff reviewed the written proposals and conducted interviews.

Table 1. RFP Proposal Fee Schedule

CONSULTING FIRM FIRM LOCATION TOTAL

PROPOSAL
COST
Duncan Engineering Indian Wells, CA $116,213.00
KPFF Consulting Engineers Long Beach, CA $280,246.00
Moffat and Nichol Costa Mesa, Ca $392,800.00
City staff recommends awarding a Professional Consultant Services Agreement to Duncan Engineering because of their qualified team, extensive knowledge, and relevant experience, at a fair and reasonable price not to exceed $116,213. Duncan Engineering’s detailed scope of work is provided in the proposed contract (Attachment 2).

Council Options:
 Adopt Resolution No. 26-153 (Attachment 1), awarding a Professional Consultant Services Agreement to Duncan Engineering, in an amount not to exceed $116,213, authorizing the City Manager to execute the Agreement, and finding the project categorically exempt from CEQA under Class 1 (Existing Facilities, 14 CCR section 15301) of the State CEQA Guidelines.
 Modify and adopt Resolution No. 26-153.
112
Meeting Date: September 15, 2026 Agenda Item: 11D.

CITY OF SAN CLEMENTE 3
 Continue the item and direct staff to provide additional information.  Deny the adoption of Resolution No. 26-153 to authorize execution of the Professional Services Agreement with Duncan Engineering, and provide additional direction to staff.

Environmental Review/Analysis:

The Pier Improvements project is categorically exempt from the California Environmental Quality Act (CEQA) under Class 1 of the State CEQA Guidelines, Section 15301 – Existing Facilities, as this project pertains to the repair of the already existing Municipal Pier. Staff will file a Notice of Exemption for this project following the City Council’s determination.

Fiscal Impact:

The $116,213 expenditure for the Pier Improvement and Repairs Project evaluation and design is within the available approved budget of $700,000 from account number 014-811-45300-000- 17149. The remaining fund balance was budgeted to construct needed rehabilitation improvements from the evaluation and survey.

Potential Action(s):
..recommendation
If the City Council concurs with the contents of this report, moving this item without modifications would result in adoption of Resolution No. 26-153, which would:

1. Find the Pier Improvements project, CIP Project No. 17419, categorically exempt from CEQA under Class 1 (Existing Facilities, 14 CCR 15301) of the State CEQA Guidelines;

2. Award a Professional Consultant Services Agreement to Duncan Engineering for the Waterfront Structural Inspection and Design Services for the Pier Improvements project, CIP Project No. 17149; and

3. Authorize the City Manager to execute a Professional Consultant Services Agreement with Duncan Engineering in an amount not to exceed $116,213. ..endAttachment:

1. Resolution No. 26-153

2. Professional Consultant Services Agreement Contract No. C26-54

3. Location Map
Notification:

All proposers
113
Attachment 1
4882-9904-3949 v1
RESOLUTION NO. 26-153

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, AWARDING A

PROFESSIONAL CONSULTANT SERVICES AGREEMENT

TO DUNCAN ENGINEERING FOR WATERFRONT

STRUCTURAL INSPECTION AND DESIGN SERVICES FOR
THE PIER IMPROVEMENTS PROJECT, CIP PROJECT NO.
17149, AUTHORIZING THE CITY MANAGER TO EXECUTE

THE PROFESSIONAL SERVICES AGREEMENT IN AN
AMOUNT NOT TO EXCEED $116,213 AND FINDING THE

PROJECT CATEGORICALLY EXEMPT FROM THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT UNDER
CLASS 1 (EXISTING FACILITIES, 14 CCR 15301) OF THE

STATE CEQA GUIDELINES
WHEREAS, the City of San Clemente Municipal Pier was originally constructed in 1928. It has been subsequently reconstructed twice, with the innermost two-thirds of the pier closest to the shore supported by timber piling and the outermost one-third of the pier furthest from the shore supported by steel pipe piling; and WHEREAS, the City of San Clemente Municipal Pier has recently had portions of its structural elements damaged and found to be in need of repairs and replacement; and WHEREAS, the Municipal Pier must be inspected biennially as part of the City’s requirements set forth by the California Coastal Commission; and WHEREAS, the proposed Pier Improvements Project will address the required inspection for regulatory compliance and the preparation of plans and specifications for the repair of damaged sections of the pier; and
WHEREAS, project implementation requires structural inspection and design services provided by a professional engineer with niche expertise; and WHEREAS, staff prepared a Request for Proposal for the waterfront structural inspection and design services needed for the project, and solicited proposals from six firms; and
WHEREAS, proposals were received from three firms, Duncan Engineering, KPFF, and Moffatt & Nichol, and the fee proposals ranged from $116,213 to $392,800; and
WHEREAS, following a review of written proposals and interviews conducted by City staff, it was determined that Duncan Engineering was the most qualified team, with extensive knowledge and relevant experience at a fair and reasonable price; and WHEREAS, the scope of work includes inspection, preparation of plans and specifications, permitting assistance, bidding support, and construction support services. 114
Resolution No. 26-153 Page 2
NOW, THEREFORE, the City Council of the City of San Clemente does hereby find, determine, and resolve as follows:

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

SECTION 2. Based on a review of the record as a whole, the City Council finds and determines that the Pier Improvements project, CIP Project No. 17419, is categorically exempt from CEQA under Class 1 (Existing Facilities, 14 CCR 15301) of the State CEQA Guidelines because the project consists of the repair of the already existing Municipal Pier.

SECTION 3. That a Professional Consultant Services Agreement is hereby awarded to Duncan Engineering for the Waterfront Structural Inspection and Design for the Pier Improvements Project, CIP Project No. 17149.

SECTION 4. That the City Manager is hereby authorized and directed to execute a Professional Services Agreement with Duncan Engineering in an amount not to exceed $116,213, in a form substantially similar to that presented to the City Council on September 15, 2026, for the Waterfront Structural Inspection and Design for the Pier Improvements Project, CIP Project No. 17149.

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
115
Resolution No. 26-153 Page 3

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 26-153 was adopted at a regular meeting of the City Council of the City of San Clemente held on the ____ day of ___________, 2026, by the following vote:

AYES:

NOES:

ABSENT:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this _____ day of _________________, 2026. ________________________
CITY CLERK of the City of
San Clemente, California
Approved as to form:
___________________________
Elizabeth A. Mitchell, City Attorney
116
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 CAMERON D. DUNCAN dba DUNCAN ENGINEERING a SOLE PROPRIETORSHIP, with its principal place of business at 75562 PAINTED DESERT DRIVE, INDIAN WELLS, CA, 92210 ("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 WATERFRONT STRUCTURAL INSPECTION AND 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 WATERFRONT STRUCTURAL INSPECTION AND DESIGN consulting services to public clients, is licensed in the State of California, if applicable, and is familiar with the plans of City.

2.2 Project.

City desires to engage Consultant to render such professional WATERFRONT STRUCTURAL INSPECTION AND DESIGN consulting services for the PIER IMPROVEMENTS, CIP PROJECT NO. 17419 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 WATERFRONT STRUCTURAL INSPECTION AND 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 SEPTEMBER 21, 2026 UNTIL THE PROJECT IS 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 117
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means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee.

Consultant retains the right to perform similar or different services for others during the term of 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.
118
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55452.01100\31193624.5

3.2.6 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel 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: CAMERON DUNCAN

3.2.7 City's Representative. The City hereby JACOB OHANA, ASSOCIATE CIVIL 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 CAMERON DUNCAN, 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 119
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55452.01100\31193624.5
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 SIXTEEN THOUSAND, TWO-HUNDRED AND THIRTEEN DOLLARS ($116,213) 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 120
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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: CAMERON D. DUNCAN dba DUNCAN ENGINEERING,

A SOLE PROPRIETORSHIP
75562 PAINTED DESERT DRIVE
INDIAN WELLS, CA 92210
ATTN: CAMERON DUNCAN
City: CITY OF SAN CLEMENTE
910 CALLE NEGOCIO
SAN CLEMENTE, CA 92673
ATTN: LAURA CAMPAGNOLO, CITY CLERK AND

JACOB OHANA, ASSOCIATE CIVIL 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 122
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subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data.

Consultant makes no such representation and warranty in regard to Documents & Data which 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 123
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alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant's Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and 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. 124
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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 125
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provisions stipulated in this Agreement.

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

CAMERON D. DUNCAN dba DUNCAN
ENGINEERING, a sole proprietorship
(“CONSULTANT”)
_____________________________

CAMERON DUNCAN
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 and within the budget set forth in Exhibit D:

1. SITE INVESTIGATION / FIELD MEASUREMENTS / PILE WRAP SURVEY Consultant shall conduct and complete a site investigation of the City of San Clemente’s Municipal Pier. This effort shall include historical document review and collecting field measurements in conjunction with the completion of a pile wrap survey necessary for the Consultant’s ultimate design preparation of the project’s plans and specifications.

Consultant inspection of the pier shall be performed as follows:

Top Deck:

Two (2) Engineers shall perform a design level survey to inspect and map the top decking, cross-bracing and guard railings.

Under Deck:

The Marine Safety Lifeguards shall be notified of the team’s activities at the start and end of each working day. Two (2) Engineer Divers shall perform a design level survey to inspect and map all timber pile, pile cap and stringer damages. One (1) dive team tender shall be on the top deck for safety, to convey the equipment needed and to provide information to any public inquiry.

Below Water:

The Marine Safety Lifeguards shall be notified of the team’s activities at the start and end of each working day. Two (2) Engineer Divers shall work with the tides to inspect the piling on the beach and in the surf zone during low tide so as to avoid breaking waves. The divers shall visually and tactilely examine each pile and plastic wrap by going down one side and up the opposite side of each pile. The divers shall work on adjacent piles for safety and to confirm notes on each pile bent of the pier before moving on to the next bent. One (1) dive team tender shall be on the top deck for safety, to convey equipment and to provide information to any public inquiry.

2. PILE WRAP SURVEY REPORT
Consultant shall compile all pertinent information collected from Task #1 and prepare a lettered Pile Wrap Survey Report.

Lettered Pile Wrap Survey Report shall include typewritten tabular inspection notes, photographs of typical wrap conditions, unique damages observed and a summary of the findings. This report shall be reviewed, signed and stamped by the Engineer leading the inspection.

3. DESIGN OF REPAIRS
The design of repairs shall be prepared under the direction of the project Structural Engineer and a separate Quality Control Reviewer shall check the work completed prior to each submittal. Quality Control comments shall be in red pen and shall be highlightedout by the production team as each comment is addressed.

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Estimate for the repairs at a 65%, Final and Corrected Final completion level. The designer shall also prepare a construction schedule and for the work to be performed in the Winter/Spring of 2027. Plans shall be drafted in AutoCAD with deliverables in PDF format. The title pages shall include a Site Plan, Vicinity Map and identify the contractor’s laydown area. The Consultant shall produce all material specification sections, edit the City supplied Front-End specification sections and prepare a Bid Form.

Specifications shall be in Microsoft Word format with deliverable in PDF format. The Consultant shall provide written response to all submittal review comments within 10 days of receipt.

4. GEOTECHNICAL ENGINEERING
The Consultant shall provide geotechnical engineering expertise and services including the review of historical geotechnical reports and the completion of any new investigation or reporting to augment the project design.

The Consultant Geotechnical Engineer shall prepare and issue a letter of recommendations for pile embedment and pile driving equipment to be included in the projects Plans and Specifications.

5. BIDDING SUPPORT
The Consultant shall provide support services during the bidding phase for the procurement of construction services of the project. These bidding services shall include attendance and participation of pre-bid meeting, preparation of any required addenda, provision of responses to bidder questions and review of contractor bid packages asneeded.

6. AS-NEEDED CONSTRUCTION SUPPORT SERVICES
Consultant shall participate in the project’s Pre-Construction Meeting.

Consultant shall participate in up to five (5) Site Trips for Construction Support which shall include a Trip Report for each visit.

Consultant shall provide review and responses to Contractor Shop Drawings, Submittals and Requests for Information as-required.

Consultant shall prepare As-Built Record Drawings in AutoCAD and PDF format at the completion of the project.

7. ENVIRONMENTAL PERMITTING ASSISTANCE
Consultant shall provide the City with the services of a Permit Specialist to assist and provide technical support to prepare and submit the required applications to all relevant regulatory agencies including, but not limited to, Army Corps of Engineers, Regional Water Quality Control Board, California Coastal Commission, Fish & Game.

City shall pay for all permitting fees and shall write the letter to the State Lands Commission.
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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, 130
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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 131
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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. Requirements 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 rendered by the Consultant under the Agreement, the City shall pay the Consultant for actual work performed at the following hourly rate(s) within the following budget:

Hourly Rate Schedule
Principal $275/hour
Staff $210/hour
Sr. CAD Technician $150/hour
Permit Specialist $165/hour
Engineer Diver $155/hour
Consultant shall perform the Services under the Agreement within the following not-to-exceed budget:

TASK NTE AMOUNT
Site Investigation / Field Measurements / Pile Wrap Survey $27,710 Pile Wrap Survey Report $5,995
Design of Repairs $28,230
Geotechnical Engineering $11,485
Bidding Support $1,810
As-Needed Construction Support Services $20,083
Environmental Permitting Assistance $20,900
TOTAL NOT-TO-EXCEED AMOUNT $116,213
There are no reimbursable expenses under this Agreement. 134
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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
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________________________________
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VIA MECHA
A. T. & S. F. R. R.

VISTA MARINA

ARENOSO LN LINDA LN
S. ALAMEDA LN CORONADO LN

CORTO LN
N. ALAMEDA

STA ANA LN

LA PALOMA MARQUITA MARIPOSA

ENCINO LN

ELENA LN

PASEO DE CRISTOBAL

PASADENA CT

ESPLANADE

CORONA LN

ACEBO LN

BOCA DEL CANON

LA RAMBLA

AVE SANTA BARBARA AVE MONTEREY

CAZADOR LN

POCO PASEO

OLA VISTA

AVE MADRID

TRAFALGAR LN

OLA VISTA

AVE ROSA

CLE CONCHITA

RAMBLA LA

PACIFIC OCEAN

MUNICIPAL PIER

MARIPOSA AVE SERRA

AVE CABRILLO AVE DEL MAR AVE GRANADA

PACIFIC OCEAN

AVE SEVILLE
A. T. & S. F. R. R.

PACIFIC OCEAN

AVE MIRAMAR

AVE ARAGON

BUENA VIS CLE SACRAMENTO

EL PRADO EL PORTAL
A. T. & S. F. R. R.

A. T. & S. F. R. R.

AVE PELAYO

PORTAL ST

AVE FLORENCIA DIJE CT

MARIPOSA

MARQUITA CANADA

PONIENTE

ESCALONES

CLE PUENTE CANADA ESCALONES AVE DEL PONIENTE

LOMA LN

AVE SERRA

PACIFIC OCEAN

PACIFIC OCEAN

AVE DEL

EL CAMINO REAL
COMM. CENTER

AVE VICTORIA

SANTA AVE BAR

AVE CABRILLO

AVE DEL MAR
LN.

LA PALOMA

AVE CABRILLO
W. AVE. PALIZADA

PACIFIC OCEAN

TRAFALGAR CANYON
BARA
AVE. VICTORIA

NOT TO SCALE

PROJECT

LOCATION

LOCATION MAP
Pier Improvements
PN 17149
Attachment 3
137
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: September 15, 2026 Agenda Item: 11E.

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

CONSIDERATION OF A RESOLUTION AUTHORIZING A FIRST AMENDMENT TO A

LICENSE AGREEMENT BETWEEN THE CITY OF SAN CLEMENTE AND THE ORANGE

COUNTY TRANSPORTATION AUTHORITY (OCTA), AUTHORIZING THE CITY MANAGER TO

EXECUTE THE AMENDMENT, AND FINDING THE PROJECT CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT ..body
Summary:

The City Council is being asked to consider a First Amendment (Amendment) to a License Agreement previously approved in 2023 between the City and OCTA for use of OCTA’s right-ofway in the recently modified area of the Pedestrian Beach Trail between El Portal and Mariposa.

OCTA is nearing the completion of construction for a debris Catchment Wall at the toe of the coastal bluff and replacement of the City’s Pedestrian Bridge with an improved trail. The Amendment also sets forth the ownership and maintenance responsibilities for each party.

Background:

The City and OCTA entered into a license agreement on June 30, 2003 in conjunction with the construction and maintenance of the Pedestrian Beach Trail and Bridges for a term of 20 years from Calafia to North Beach. At the expiration of the original agreement, OCTA and the City agreed to a new License Agreement (Attachment 3) with a one-year term and automatic renewals.

Due to a landslide in January of 2024 near Mariposa Point impacting railroad operations and damaging two spans of the City’s Pedestrian Trail Bridge, OCTA has taken the lead for constructing a debris catchment wall and a pedestrian trail (replacing the bridge). To clarify ownership and maintenance responsibilities from El Portal to just south of Mariposa Beach accesses, a proposed Amendment (Attachment 2) to the Agreement is provided for City Council consideration.

The following is a summary of structures and amenities along with the responsible parties as proposed in the Amendment:

I. Catchment Wall Construction and Maintenance
a. OCTA – Wall construction and structural integrity which may pose a safety risk, i.e. bulging, tilting, water damage, or collapse.
b. City – Normal wear and tear, i.e. minor cracking, fading or peeling graffiti sealant, slight loose mortar or wall joints. Aesthetic maintenance of the wall, i.e. cleaning, painting, and graffiti removal.
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Meeting Date: September 15, 2026 Agenda Item: 11E.

CITY OF SAN CLEMENTE 2
c. Mutual – Should soil debris reach the limit line behind the wall which is designed to be a two to one slope from the top of the bluff to the back of the Catchment Wall. If soil reaches the limit, OCTA and the City will work together to engage a qualified engineer to assess the wall condition and to address any mitigation measures to maintain the Catchment Wall’s structural integrity at OCTA’s sole cost and expense.

II. Nail Wall Construction and Maintenance – a structure within the City’s right-of-way to temporarily stabilize the slope to allow for excavation and construction of the Catchment Wall. a. City – Grants OCTA rights to construct within its right-of-way and permanently leave the Nail Wall in place. It cannot be reasonably removed without damaging the Catchment Wall. b. OCTA –Construction of the Nail Wall.

III. Pedestrian Trail, Fence and Landscaping Construction and Maintenance a. OCTA – Construction of approximately 1,400 linear feet of decomposed granite trail, fence, landscaping and temporary irrigation.
b. City – Removal of the temporary irrigation and maintenance of the trail, fence, and landscaping.

IV. Verdura Wall (Trail Retaining Wall)
a. City will maintain the Verdura Wall which provides support for the Pedestrian Trail. b. OCTA will maintain weed and vegetation control on the face of the Verdura Wall since access is required from the railroad.

V. Drainage
a. City will maintain drainage system from the Catchment Wall and Pedestrian Trail. OCTA will provide maintenance procedures for the Catchment Wall Drainage. b. OCTA will maintain drainage west of the Verdura Wall.

Considerations Identified by Staff:

The replacement of the Pedestrian Bridge in an area with an active landslide with a Catchment Wall to protect the railroad operations and pedestrian trail will provide continuity to the beach trail.

Residents and trail patrons have been requesting restoration of the trail asset. If the City chooses to not enter an Amendment with OCTA, the replaced section of the trail may need to be closed due to lack of access rights.

Council Options:
 Adopt Resolution No. 26-154, which will authorize the City Manager to execute the First Amendment to the License Agreement between OCTA and the City, and find the project categorically exempt from the California Environmental Quality Act (CEQA) under the state CEQA Guidelines Section 15301 (19 CCR Section 15301, Existing Facilities).  Modify and adopt Resolution No. 26-154.
 Continue the item and direct staff to provide additional information. 139
Meeting Date: September 15, 2026 Agenda Item: 11E.

CITY OF SAN CLEMENTE 3
 Do not adopt Resolution No. 26-154 to approve the First Amendment to the License Agreement which could delay the opening of the beach trail.

Environmental Review/Analysis:

The proposed City Council action will result in the maintenance of an existing facility. This action is categorically exempt from the California Environmental Quality Act (CEQA) under the state CEQA Guidelines Section 15301 (19 CCR Section 15301, Existing Facilities).

Fiscal Impact:

The maintenance of the Pedestrian Beach Trail is approved as part of the annual Beaches Parks and Recreation Maintenance Operating Budget. The total adopted Trail Maintenance Budget for FY 2026-27 is $273,950, which includes funding for maintenance of the Beach Trail, Sea Summit and Inland Trails.

Potential Action(s):
..recommendation
If the City Council concurs with the contents of this report, moving the item without modifications would result in adoption of Resolution No. 26-154, which would:

1. Determine that this project is categorically exempt from the California Environmental Quality Act (CEQA) under the state CEQA Guidelines Section 15301 (19 CCR Section 15301, Existing Facilities); and

2. Approve and authorize the City Manager to execute the First Amendment to the License Agreement between the City and OCTA.
..end
Attachment:

1. Resolution No. 26-154

2. Proposed OCTA First Amendment to License Agreement (with all Exhibits except Exhibit A, which is on file with the City Clerk’s Office)

3. OCTA License Agreement dated June 20, 2023
Notification:

None.
140
RESOLUTION NO. 26-154

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, APPROVING A FIRST

AMENDMENT TO THE LICENSE AGREEMENT WITH THE

ORANGE COUNTY TRANSPORTATION AUTHORITY
(OCTA), AUTHORIZING THE CITY MANAGER TO

EXECUTE THE AGREEMENT, AND FINDING THE

PROJECT CATEGORICALLY EXEMPT FROM THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
UNDER CLASS 1 OF THE STATE CEQA GUIDELINES,
SECTION 15301 (19 CCR SECTION 15301, EXISTING

FACILITIES)
WHEREAS, the City and OCTA entered into a License Agreement on June 30, 2003 in conjunction with the construction and maintenance of the Pedestrian Beach Trail and Bridges for a term of 20 years from Calafia to North Beach; and WHEREAS, in 2023, the City and OCTA entered into a new License Agreement with a one-year term and automatic renewals; and
WHEREAS, due to a landslide in January of 2024 near Mariposa Point impacting railroad operations and damaging two spans of the City’s Pedestrian Trail Bridge, OCTA has taken the lead for constructing a debris catchment wall and a pedestrian trail (replacing the bridge); and
WHEREAS, the City and OCTA wish to enter into a First Amendment to the License Agreement to clarify responsibilities, such as, ownership, maintenance and liability.

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

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

SECTION 2. That based on a review of the record as a whole project is categorically exempt from the California Environmental Quality Act (CEQA) under Class 1 of the state CEQA Guidelines, Section 15301 (19 CCR Section 15301, Existing Facilities) because it consists of maintenance of existing facilities.

SECTION 3. That the First Amendment to the License Agreement between the City and OCTA is hereby approved.

SECTION 4. That the City Manager is authorized and directed to execute the First Amendment to the License Agreement with OCTA in a form substantially similar to that Attachment 1
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Resolution No. 26-154 Page 2
presented to the City Council on September 15, 2026.

SECTION 5. That City staff is authorized and directed to take such other and further actions and execute such additional documents as may be necessary and proper to implement the project and accomplish the purposes of this resolution.

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

PASSED AND ADOPTED this _____ day of ____________________, _______.

ATTEST:
___________________________ __________________________
City Clerk of the City of Rick Loeffler, Mayor of the City of San Clemente, California San Clemente, California
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Resolution No. 26-154 Page 3

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 26-154 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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