San Clemente City Council
June 21, 2022

Agenda
JUNE 21, 2022 REVISED ADJOURNED REGULAR CITY COUNCIL MEETING AGENDA.PDF
Meeting Materials
4A(1) - CITY COUNCIL MINUTES REGULAR AND SPECIAL MEETING 6-7-

22.PDF
4B(1) - PLANNING COMMISSION MEETING MINUTES 4-6-22.PDF
4B(2) - HUMAN AFFAIRS COMMITTEE MINUTES 12-14-21.PDF
4B(3) - HUMAN AFFAIRS COMMITTEE MINUTES 3-1-22.PDF
4B(4) - HUMAN AFFAIRS COMMITTEE MINUTES 4-12-22.PDF
4B(5) - GOLF COURSE COMMITTEE MINUTES 2-3-22.PDF
4B(6) - BEACHES PARKS RECREATION COMMISSION MINUTES 2-8-22.PDF 4B(7) - ZONING ADMINISTRATOR MINUTES 5-19-22.PDF
4B(8) - ZONING ADMINISTRATOR MINUTES 5-24-22.PDF
4B(9) - PLANNING COMMISSION MINUTES 6-8-22.PDF
4C(1) - CERTIFICATION OF WARRANTS 6-10-22.PDF
4C(2) - CERTIFICATION OF WARRANTS 6-17-22.PDF
4D - REJECT BIDS CITYWIDE CATCH BASINS REHABILITATION.PDF 4E - APPROVE FINAL PARCEL MAP 2022-1188 ARTIS MEMORY CARE FACILITY.PDF
4F - APPROVAL OF PSA FOR EMERGENCY MANAGEMENT SERVICES WITH JACOB GREEN AND ASSOCIATES.PDF
4G - APPROVAL OF MSA FOR PRESSURE WASHING SERVICES IN THE DOWNTOWN AREA WITH POWERCLEAN.PDF
4H - ORDINANCE NO. 1731.PDF
4I - ORDINANCE NO. 1732.PDF
4J - CONTRACT AWARD FOR THE STORM DRAIN IMPROVEMENT AT 1601 CALLE LAS BOLAS.PDF
4K - 1ST AMENDMENT TO CONTRACT C07-22 FOR THE PARKING LOT AT 175 AVE CABRILLO.PDF
4L - RATIFICATION OF EMERGENCY SUPPLEMENTAL FUNDING FOR CYRUS SHORE PUMP STATION EMERGENCY OPERATION.PDF
4M - OC WASTE DISPOSAL AGREEMENT WDA LETTER OF INTENT TO RENEW.PDF
4N - MURAL ON PUBLIC PROPERTYNORTH BEACH CONCESSION
RESTROOM BUILDING.PDF
8A - CONSIDERATION OF AN ORDINANCE AND RESOLUTION AUTHORIZING THE CITY TO IMPLEMENT COMMUNITY CHOICE .PDF
10A - UPDATE OF LEGISLATIVE AND TRANSPORTATION ACTIVITIES FOR THE CITY OF SC.PDF
10C - URGENCY ORDINANCE ENACTING LOCAL CAMPAIGN CONTRIBUTION LIMITS POLICY RE CONTRACTOR DISCLOSURE OF .PDF
10D - INTRODUCTION OF ORDINANCE PROHIBITING UNLAWFUL POSSESION OF CATALYTIC CONVERTERS.PDF
10E - REVIEW OF THE CITYS CRR SOLID WASTE AND RECYCLING AGREEMENT BY MSW CONSULTANTS.PDF

1. Documents:

2. Documents:

CITY OF SAN CLEMENTE
*REVISED ADJOURNED

REGULAR CITY COUNCIL

MEETING AGENDA
*Note: This revised agenda varies from the agenda that was posted on June 16, 2022 in that the Staff Recommendation for Item 8A was updated. The new Staff Recommendation can be found on Page 9 of this agenda.

San Clemente Community Center Auditorium June 21, 2022
100 N. Calle Seville 5:00 p.m. – Business Meeting I
San Clemente, California 6:00 p.m. – Closed Session
www.san-clemente.org 6:30 p.m. – Business Meeting II
(Adjourned Regular Meeting)
*In accordance with the Brown Act, this agenda was duly posted at the following location:

Teleconference Location
Aprea & Micheli, Inc.
1415 L. Street, Suite 620
Sacramento, CA 95814
*Mayor Pro Tem Duncan participating
via teleconference
Information concerning City Council Meeting protocols and procedures is contained at the end of this agenda.

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 Community Center Auditorium 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. • 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. *REVISED Adjourned Regular City Council Meeting Agenda of June 21, 2022 Page 2 BUSINESS MEETING PART 1 (5:00 P.M.)

CALL TO ORDER
INVOCATION – Nate Castro, Director of Family Ministries, Shoreline Community Church.

PLEDGE OF ALLEGIANCE

ROLL CALL

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

2. Consideration of agendizing items requiring immediate action. Any items agendized will be considered under New Business, unless otherwise determined by a majority vote of the City Council.

3. Oral Communications (30 Minutes). 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 Oral Communications, 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.

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. Subject to very limited exceptions, Council is not permitted to discuss or take action on items that do not appear on the agenda.

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.
*REVISED Adjourned Regular City Council Meeting Agenda of June 21, 2022 Page 3

4. 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, Staff, or the public requests removal of an item for separate discussion and action.

A. City Council Minutes
Staff Recommendation
(1) Approve the minutes of the Regular and Special City Council Meeting of June 7, 2022.

B. Commission/Committee Minutes
Staff Recommendation
Receive and file the following:
(1) Planning Commission Regular Meeting minutes of April 6, 2022. (2) Human Affairs Committee Regular Meeting minutes of December 14, 2021.
(3) Human Affairs Committee Special Meeting minutes of March 1, 2022.
(4) Human Affairs Committee Regular Meeting minutes of April 12, 2022.
(5) Golf Course Committee Regular Meeting minutes of February 3, 2022.
(6) Beaches, Parks and Recreation Commission Regular Meeting minutes of February 8, 2022.
(7) Zoning Administrator Regular Meeting minutes of May 19, 2022. (8) Zoning Administrator Special Meeting minutes of May 24, 2022. (9) Planning Commission Regular Meeting minutes of June 8, 2022. *REVISED Adjourned Regular City Council Meeting Agenda of June 21, 2022 Page 4 C. Warrant Register
Approve Wire Transfer Nos.
2662 through 2663 and Warrant Nos.
581270 through 581374, paid on
6-10-22, in the amount of…….……….……..…..…….…..…… $ 829,041.32 Approve Wire Transfer Nos.
2664 through 2667 and Warrant Nos.
581375 through 581568, paid on
6-17-22, in the amount of…….……….……..…..…….…..…… $ 1,067,982.16 TOTAL WARRANT REGISTER……..…….…..$ 1,897,023.48
Payroll Register

Bank Adjustment Replacement
Check 868, Automatic Deposit
Advises 78918 through 79215,
for the period 5-30-22 through
6-12-22, paid on 6-17-22,
in the amount of………..……..…..………….……………………$ 481,119.81
TOTAL PAYROLL REGISTER…………………..$ 481,119.81
D. Bid Rejection – Citywide Catch Basins Rehabilitation Pages 4D-1 through 4D-2
Staff Recommendation

1. Reject all bids for the Citywide Catch Basins Rehabilitation, Project No. 21001, pursuant to Section 20166 of the Public Contract Code.

2. Authorize Staff to revise the bid package and re-bid the Citywide Catch Basins Rehabilitation Project.

E. Final Parcel Map 2021-188 – Artis Memory Care Facility at 2401 Calle Frontera Pages 4E-1 through 4E-3
Staff Recommendation

1. Accept on behalf of the City of San Clemente, the water rights within Final Parcel Map 2021-188 as dedicated.

2. Accept on behalf of the City of San Clemente, the storm drain easement subject to the improvements being deemed complete as determined by the City Engineer.

Staff recommendation continued on following page
*REVISED Adjourned Regular City Council Meeting Agenda of June 21, 2022 Page 5

3. Accept on behalf of the City of San Clemente, the public access and sidewalk easement as subject to the improvements being deemed complete as determined by the City Engineer.

4. Accept on behalf of the City of San Clemente, the emergency access easements as dedicated.

5. Approve the Final Parcel Map 2021-188 as it conforms to the requirements set forth in the Subdivision Map Act and the previously approved Tentative Parcel Map.

6. Authorize the Public Works Director/City Engineer to execute the Final Parcel Map.

7. Authorize the City Clerk to execute and submit the Final Parcel Map to the County of Orange Recorder’s Office for recordation.

8. Authorize the Public Works Director/City Engineer to execute a Certificate of Acceptance for the storm drain and pedestrian access sidewalk improvements.

9. Authorize the City Clerk to execute and submit the Certificate of Acceptance to the County of Orange Recorder’s Office for recordation.

F. Contract Award – Emergency Management Services Pages 4F-1 through 4F-14
Staff Recommendation
Approve, and authorize the Public Works Director/City Engineer to execute, Contract No. C22-38, by and between the City of San Clemente and Jacob Green and Associates, providing for emergency management services, in the amount of $90,000 for a 1-year agreement from July 1, 2022 through June 30, 2023.

G. Contract Award – Pressure Washing Services in the Downtown Area Pages 4G-1 through 4G-28
Staff Recommendation
Approve, and authorize the Public Works Director/City Engineer to execute, Contract No.C22-39, by and between the City of San Clemente and Powerclean, providing for pressure washing services in the downtown area, in an amount not to exceed $64,620, for a 1-year agreement from July 1, 2022 through June 30, 2023.
*REVISED Adjourned Regular City Council Meeting Agenda of June 21, 2022 Page 6 H. Ordinance No. 1731 (Second Reading) – “Water Conservation Ordinance” Pages 4H-1 through 4H-16
Staff Recommendation
Adopt Ordinance No. 1731 entitled AN ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF SAN CLEMENTE AMENDING CHAPTER

13.12 SECTION 13.12.010-13.12.110 OF THE MUNICIPAL CODE (“WATER CONSERVATION ORDINANCE”).

I. Ordinance No. 1732 (Second Reading) – Bicycle Repairs in Public Pages 4I-1 through 4I-6
Staff Recommendation
Adopt Ordinance No. 1732 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, ADDING CHAPTER 10.54 TO TITLE 10 (VEHICLES AND TRAFFIC) OF THE SAN CLEMENTE

MUNICIPAL CODE RELATING TO THE PROHIBITION ON REPAIRS,

SALES, AND STORAGE OF BICYCLES AND BICYCLE PARTS ON

PUBLIC PROPERTY AND FINDING THE ORDINANCE NOT SUBJECT
TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.

J. Contract Award – Storm Drain Improvements at 1601 Calle Las Bolas Pages 4J-1 through 4J-8

Staff Recommendation

1. Approve the plans and specifications for the Storm Drain Improvements at 1601 Calle Las Bolas, Project No. 10015.

2. Approve, and authorize the Public Works Director/City Engineer to execute, Contract No. C22-40, by and between the City of San Clemente and Innovation, Inc., providing for Storm Drain Improvements at 1601 Calle Las Bolas, in the amount of $499,460.

K. Lease Amendment – Parking Lot Lease at 175 Ave. Cabrillo Pages 4K-1 through 4K-10
Staff Recommendation
Approve, and authorize the City Manager to execute, Amendment No. 1 to Contract No. C07-22, a Parking Lot Lease Agreement, by and between the City of San Clemente and Cynthia Taylor Carrick, William Dowling Taylor and Marjorie Taylor Boughton, to increase the monthly lease rate to $500 per month, an increase of $150 per month.
*REVISED Adjourned Regular City Council Meeting Agenda of June 21, 2022 Page 7 L. Ratification of Emergency Purchases and Supplemental Funding for Cyprus Shore Pump Station Emergency Operation and Cyprus Shore Storm Drain Emergency Relocation Pages 4L-1 through 4L-47 Staff Recommendation

1. Make a finding that an emergency continues to exist due to the potential failure of an existing sewer pump station and storm drain system and that the situation requires immediate action to prevent or mitigate impairment to property and public services, that might otherwise occur is required to incur delays attributed to the typical engineering design and public competitive bid process.

2. Approve a supplemental appropriation in the amount of $357,225 to Account No. 054-476-45300-000-12209 from the Sewer Fund Depreciation Reserve.

3. Ratify a change order with O’Connell Engineering and Construction, Inc., on a time and materials basis in the amount of $255,000 for the Cyprus Shore Emergency Pump Station Bypass Operation, Project No. 12209.

4. Approve a supplemental appropriation in the amount of $98,412 from the Storm Drain Fund Depreciation to Account No. 059-553-45300- 000-12004.

5. Ratify emergency Contract No. C22-41, approved by the City Manager, by and between the City of San Clemente and AKM Consulting Engineers, providing for design services for Cyprus Shore Storm Drain Emergency Relocation, in the amount not to exceed $98,412.

M. Letter of Intent – Orange County Waste Disposal Agreement Renewal Pages 4M-1 through 4M-52
Staff Recommendation
Authorize the City Manager to provide written notice to the County of Orange with its intent to renew the Waste Disposal Agreement (WDA), between the City of San Clemente and the County of Orange, by June 30, 2022 to initiate formal discussions and negotiations for renewal by June 30, 2023.
*REVISED Adjourned Regular City Council Meeting Agenda of June 21, 2022 Page 8 N. Mural on Public Property – North Beach Concession/Restroom Building Pages 4N-1 through 4N-10
Staff, Beaches, Parks and Recreation Commission, and the Design Review Subcommittee Recommendation

1. Waive the 30-day public notice posting requirement to facilitate an expedited mural installation process.

2. Approve the “Character Counts” mural proposed by the San Clemente Sunrise Rotary and San Clemente High School Interact Club to be installed on the south wall of the North Beach concession and restroom building.

5. Reports. (If the Reports section is not completed by 6:00 p.m., it will be continued at the end of Business Meeting Part 2.)
A. Commissions and Committees
B. City Manager

• CalTrans Update
C. City Attorney
D. Council Members
E. Council Subcommittee Updates
CLOSED SESSION (6:00 P.M.)
A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code Section 54956.8
Property: 2.2 acre section of and 80 acre parcel on the southwest corner of Avenida La Pata and Vista Hermosa, Assessor’s Parcel Number 678-163-01 Agency Negotiators: City Manager
Negotiating Parties: City of San Clemente, Storageworks and/or their authorized agent(s)
Under Negotiation: Price and terms of payment re unsolicited offer BUSINESS MEETING PART 2 (6:30 P.M.)

6. Closed Session Report - City Attorney.
*REVISED Adjourned Regular City Council Meeting Agenda of June 21, 2022 Page 9

7. Special Presentations.

A. Update on Homeless Issue (May update)
B. Permit Streamlining Implementation
Presentation by Community Development Director Gallardo-Daly concerning the implementation of permit streamlining opportunities.

C. Recognition of Beaches, Parks and Recreation Staff
Presentation by Beaches, Parks and Recreation Department Director Wylie, in recognition of Staff accomplishments: Recreation Supervisor Melissa Muraira, Memorial Day 2022 event, Recreation Coordinator WendyAnn Fernandez, in recognition of her 14 years of service to San Clemente; and Ocean Lifeguard Supervisor Nick Scheel for a successful water rescue that resulted in lifesaving.

D. Orange County Fire Authority Ready, Set, Go Program
Presentation by Chief Capobianco concerning the Orange County Fire Authority’s (OCFA) Ready, Set, Go program.

8. Public Hearings. The Public Hearing process includes a staff presentation, a presentation by the applicant not to exceed ten (10) minutes, and public testimony (not to exceed three minutes per speaker). Following closure of the Public Hearing, the City Council will respond to questions raised during the hearing, discuss the issues, and act upon the matter by motion.

7:30 P.M.

A. Consideration of an Ordinance Authorizing the City of San Clemente to Implement Community Choice Energy as a Member of the Clean Energy Alliance Pages 8A-1 through 8APublic Hearing to consider an Ordinance authorizing the implementation of a Community Choice Aggregation Program.

Staff Recommendation

1. Introduce Ordinance No. 1734 entitled AN ORDINANCE OF THE

CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA,

AUTHORIZING THE IMPLEMENTATION OF A COMMUNITY
CHOICE AGGREGATION PROGRAM.

2. Adopt Resolution No. 22-30 entitled A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA,
Staff recommendation continued on following page
*REVISED Adjourned Regular City Council Meeting Agenda of June 21, 2022 Page 10

AUTHORIZING THE EXECUTION OF THE JOINT EXERCISE OF

POWERS AGREEMENT FOR MEMBERSHIP IN THE CLEAN

ANERGY ALLIANCE, A COMMUNITY JOINT POWERS
AUTHORITY.

9. Unfinished Business.

None.

10. New Business.

A. Update of Legislative and Transportation Activities Pages 10A-1 through 10A-40
Report from the Assistant to the City Manager concerning updates on Legislative and Transportation Activities.

Staff Recommendation
Receive and file the Administrative Report dated June 21, 2022, and on file with the City Clerk.

B. Consideration of Adding Oral Communications Part 2 to the City Council Meeting Agenda Template (Agendized at the May 25, 2022 Council Meeting by Councilmember Ferguson, with the support of Councilmember Knoblock).

C. Code Amendment – Urgency Ordinance Enacting Local Campaign Contribution Limits and Policy Regarding Contractor Disclosure of Political Contributions (Agendized at the May 25, 2022 City Council Meeting by Mayor James with the support of Council). Pages 10C-1 through 10C-26
Report from the City Clerk and City Attorney concerning enacting local campaign contribution limits and policy regarding contractor disclosure of Political Contributions.

Staff Recommendation
If Council desires to establish Local Campaign Contribution Limits that vary from the State’s default limits, the City Clerk recommends that Council do so through adoption of the below ordinances. If Council wishes to require disclosure of contractor political contributions, the City Clerk recommends that Council adopt Policy and Procedure No. 201-15:

Staff recommendation continued on following page
*REVISED Adjourned Regular City Council Meeting Agenda of June 21, 2022 Page 11

1. Adopt AN URGENCY ORDINANCE OF THE CITY OF SAN
CLEMENTE ADDING SECTION 2.04.100 TO CHAPTER 2.04 (CITY
COUNCIL) OF TITLE 2 (ADMINISTRATION AND PERSONNEL) OF

THE SAN CLEMENTE MUNICIPAL CODE RELATING TO LOCAL

ELECTION CAMPAIGN CONTRIBUTION LIMITS AND
REGULATIONS, with the incorporation of campaign contribution limits of either $500 or $1,000 per source per election and allowing for CPI increases.

2. Introduce AN ORDINANCE OF THE CITY OF SAN CLEMENTE
ADDING SECTION 2.04.100 TO CHAPTER 2.04 (CITY COUNCIL)
OF TITLE 2 (ADMINISTRATION AND PERSONNEL) OF THE SAN

CLEMENTE MUNICIPAL CODE RELATING TO LOCAL ELECTION
CAMPAIGN CONTRIBUTION LIMITS AND REGULATIONS, with
the incorporation of campaign contribution limits of either $500 or $1,000 per source per election and allowing for CPI increases.

3. Adopt Policy and Procedure No. 201-15 (Disclosure of Political Contributions), effective June 21, 2022.

D. Code Amendment – Prohibiting Unlawful Possession of Catalytic Converters Pages 10D-1 through 10D-6
Report from the City Attorney concerning the introduction of an ordinance prohibiting the unlawful possession of catalytic converters.

Staff Recommendation
Introduce Ordinance No. 1733 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE ADDING CHAPTER 10.54 (UNLAWFUL POSSESSION OF A CATALYTIC CONVERTER
PROHIBITED) OF TITLE 10 (VEHICLES AND TRAFFIC) TO THE SAN

CLEMENTE MUNICIPAL CODE ESTABLISHING REGULATIONS

PROHIBITING THE UNLAWFUL POSSESSION OF CATALYTIC
CONVERTERS.

E. Review of the City’s Solid Waste and Recycling Agreement Pages 10E1 through 10E-113 Report from the Utilities Director concerning the City’s Solid Waste and Recycling Agreement.

Staff Recommendation

1. Authorize the City Manager to issue CR&R a notice of termination of the automatic renewal of the Franchise Agreement prior to June 30, Staff recommendation continued on following page
*REVISED Adjourned Regular City Council Meeting Agenda of June 21, 2022 Page 12 2022. This will result in Franchise Agreement termination on June 30, 2024.

2. Take one of the following actions:
a. Direct City staff to enter into negotiations with CR&R for a period not to exceed six months.

OR
b. Direct City staff to issue a Request for Proposals and solicit firms for a new solid waste and recycling Franchise
Agreement.

3. Include an analysis for Street Sweeping services or revenue as part of recommended action 2a or 2b.

11. Reports (continued from Business Meeting Part 1).

A. Commissions and Committees
B. City Manager
C. City Attorney
D. Council Members
E. Council Subcommittee Updates

12. Adjournment.

Adjourn to an Adjourned Regular Meeting to be held on July 19, 2022 at 4:30 p.m. for the purpose of conducting interviews and appointments for the Human Affairs Committee. Part 1 of the Business Meeting will commence at 5:00 p.m. and Closed Session will begin at 6:00 p.m. Part 2 of the Business Meeting will commence at 7:00 p.m. The meeting will take place in the Community Center Auditorium, located at 100 N. Calle Seville, San Clemente.

Note: The Regular Meeting of July 5, 2022 was previously cancelled.

Items to be Considered at a Future Meeting

Agenda Item Tentative Meeting Date
*REVISED Adjourned Regular City Council Meeting Agenda of June 21, 2022 Page 13

CITY COUNCIL MEETING PROCEDURES

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.

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
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 Community Center Auditorium, located at 100 North Calle Seville, San Clemente. Part 1 of the Business Meeting will begin at 5:00 p.m. and Closed Session begins at 6:00 p.m. Part 2 of the Business Meeting will commence at 7:00 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 (a minimum of 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting).

Agendas and Administrative Reports can also be viewed at the San Clemente Library, located at 242 Avenida Del Mar, or 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 Community Center 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.
6-21-22 / 4A(1 )

CITY OF SAN CLEMENTE
City Council Minutes
Regular and Special Meeting - June 7, 2022
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 and Special Meeting of the San Clemente City Council was called to order by Mayor James on June 7, 2022 at 5:00 p.m. in the San Clemente Community Center Auditorium, located at 100 N. Calle Seville, San Clemente.

PRESENT
ABSENT

DUNCAN, KNOBLOCK, WARD,MAYORJAMES

FERGUSON
STAFF PRESENT Erik Sund, City Manager; Scott Smith, City Attorney; Joanne Baade, City Clerk; Laura Campagnolo, Legislative Administrator; Megan Jimenez, Deputy City Clerk
** *
BUSINESS MEETING PART 1

INVOCATION
Seth Ebel with Shoreline Community Church gave the invocation.

PLEDGE OF ALLEGIANCE
Jayden Smith led the Pledge of Allegiance.

1. WAIVER TO READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES

MOTION BY MAYOR PRO TEM DUNCAN, SECOND BY COUNCILMEMBER KNOBLOCK, CARRIED 4-0 (COUNCILMEMBER FERGUSON ABSENT), to waive reading in full of all Resolutions and Ordinances.

2. CONSIDERATION OF AGENDIZING ITEMS REQUIRING IMMEDIATE ACTION None.
6-21-22 / 4A(1)-1
City Council Minutes -Regular and Special City Council Meeting of June 7, 2022 Page 2

3. ORAL COMMUNICATIONS
Art with Religious Imagery
Amanda Quintanilla presented a PowerPoint relating to art with religious imagery.

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

Primary Elections/Council member Concerns
Revolutions 78 commented on the primary elections and concerns with Mayor Pro Tern Duncan and Mayor James.

Rancho San Clemente Tree Removal and Planting
Robert Carson, San Clemente, commented on the removal of trees in Rancho San Clemente and inquired when the replacement trees will be planted.

City Manager Sund will provide an update regarding tree planting on Calle Del Cerro to Mr. Carson and the City Council.

Vonne Barnes, San Clemente resident and Rancho San Clemente Community Association Board President, commented on tree standards within the Rancho San Clemente Specific Plan.

City Manager Sund is to meet with Ms. Barnes to review the tree standards and the concerns regarding the trees on Calle Del Cerro and provide an update to the City Council.

Ross Aimer, San Clemente, spoke on the removal of diseased trees on Calle Del Cerro and the potential damage caused by the trees.

Tree City USA
Patricia Holloway, San Clemente resident and member of Citizens Climate Education, spoke in support of the City planting new trees each year and the City joining Tree City USA. A hard copy of Ms. Holloway's presentation is on file with the City Clerk.

Judy Jones, San Clemente resident and member of Citizens Climate Education, distributed a letter to Council discussing the benefits of planting trees and encouraged the City to pursue designation as a Tree City USA member. A hard copy of Ms. Jones' letter is on file with the City Clerk. 6-21-22 I 4A( 1 )-2
(
City Council Minutes -Regular and Special City Council Meeting of June 7, 2022 Page 3 402 Pasadena Court
.J.ill asserted that aggressive development plans are being made for the property at 402 Pasadena Court and urged the City to keep neighbors informed.

John Borland, San Clemente, commented on code violations at 402 Pasadena Court.

Staff is to follow up with neighbors' concerns regarding 402 Pasadena Court.

Ocean Festival Artist Selection
Julienne Chene, San Clemente, spoke on the artist selection by the Ocean Festival board and artwork of the selected artist. A hard copy of the artwork referenced is on file with the City Clerk.

City Coin
Petia Tzevetanova Lilova Matschke, San Clemente, spoke on the potential of the City pursuing a City coin that would be utilized as bitcoin, urged Council to research the program being utilized in New York and Miami.

4. CONSENT CALENDAR

MOTION BY COUNCILMEMBER WARD, SECOND BY MAYOR PRO TEM
DUNCAN, CARRIED 4-0 (COUNCILMEMBER FERGUSON ABSENT), to approve the Consent Calendar, with the removal of Items 4A(1 ), 4L and 40.

B. Commission/Committee Minutes

MOTION BY COUNCILMEMBER WARD, SECOND BY MAYOR PRO TEM
DUNCAN, CARRIED 4-0 (COUNCILMEMBER FERGUSON ABSENT), to receive and file the following:
(1) Zoning Administrator Regular Meeting minutes of May 5, 2022. (2) Public Safety Committee Regular Meeting minutes of February 22, 2022.
(3) Public Safety Committee Regular Meeting minutes of March 22, 2022.
6-21-22 / 4A(1)-3
City Council Minutes-Regular and Special City Council Meeting of June 7, 2022 Page 4 C. Warrant Register

MOTION BY COUNCILMEMBER WARD, SECOND BY MAYOR PRO TEM
DUNCAN CARRIED 4-0 (COUNCILMEMBER FERGUSON ABSENT), to:

Approve Wire Transfer Nos.
2650 through 2653 and Warrant Nos.
580895 through 581002, paid on
5-20-22, in the amount of .......................... ..................... .. $1,900,848.13 Approve Wire Transfer Nos.
2654 through 2655 and Warrant Nos.
581003through 581181, paid on
5-27-22, in the amount of .......................... ..... ................... $1,009,813.65 Approve Wire Transfer Nos.
2656 through 2661 and Warrant Nos.
581182 through 581269, paid on
6-3-22, in the amount of .............................................. .... $4,524,231.20 TOTAL WARRANT REGISTER .... ................ $7,434,892.98 Payroll Register

MOTION BY COUNCILMEMBER WARD, SECOND BY MAYOR PRO TEM
DUNCAN, CARRIED 4-0 (COUNCILMEMBER FERGUSON ABSENT), to:

Approve Warrant Nos. 864 through
865 and Automatic Deposit Advises
78365 through 78635, for the period
5-2-22 through 5-15-22, paid
on 5-20-22, in the amount of .................... .................... ...... $422 ,608.66 Approve Warrant Nos. 866 through
867 and Automatic Deposit Advises
78636 through 78917, for the period
5-16-22 through 5-29-22, paid
on 6-3-22, in the amount of.. .... ................................... ..... $420,802. 79 TOTAL PAYROLL REGISTER. ............. ......... $843,411.45 6-21-22 / 4A(1)-4
City Council Minutes -Regular and Special City Council Meeting of June 7, 2022 Page 5 D.

E.

F.

Notice of Completion - Water Reclamation Plant Ferric Tank Replacement

MOTION BY COUNCILMEMBER WARD, SECOND BY MAYOR PRO TEM
DUNCAN, CARRIED 4-0 (COUNCILMEMBER FERGUSON ABSENT), to:

1. Accept the Water Reclamation Plant Ferric Tank Replacement, from the contractor, Kay Construction Company, Inc., Project No. 12208.

2. Authorize the Public Works Director/City Engineer to execute and record, the Notice of Completion for Water Reclamation Plant Ferric Tank Replacement.

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, Kay Construction Company, Inc.

Contract Award - Landscape Maintenance of City Parks and Facilities East of Interstate 5

MOTION BY COUNCILMEMBER WARD, SECOND BY MAYOR PRO TEM
DUNCAN, CARRIED 4-0 (COUNCILMEMBER FERGUSON ABSENT), to approve, and authorize the Public Works Director/City Engineer to execute, Contract No. C22-28, by and between the City of San Clemente and Colts Landscape, Inc., providing for landscape maintenance of City Parks and Facilities east of Interstate 5, in an amount not to exceed $2,471,032, for a 3-year term.

Contract Award - Maintenance Services for Graffiti Administration and Removal

MOTION BY COUNCILMEMBER WARD, SECOND BY MAYOR PRO TEM
DUNCAN, CARRIED 4-0 (COUNCILMEMBER FERGUSON ABSENT), to approve, and authorize the Public Works Director/City Engineer to execute, Contract No. C22-29, by and between the City of San Clemente and Ed Stewart and Associates, Inc., providing for graffiti administration and removal, in an amount not to exceed $285,600, for a 3-year term.

G. Contract Award - Maintenance Services for City Trails

MOTION BY COUNCILMEMBER WARD, SECOND BY MAYOR PRO TEM
DUNCAN, CARRIED 4-0 (COUNCILMEMBER FERGUSON ABSENT), to approve, and authorize the Public Works Director/City Engineer to execute, Action continued on following page
6-21-22 I 4A(1)-5
City Council Minutes -Regular and Special City Council Meeting of June 7, 2022 Page 6 Contract No. C22-30, by and between the City of San Clemente and Real Estate Consulting and Services, Inc., providing for Maintenance Services for City Trails, in an amount not to exceed $507,000, for a 3-year term.

H. Contract Award - Maintenance Services for City-Wide Janitorial Services

MOTION BY COUNCILMEMBER WARD, SECOND BY MAYOR PRO TEM
DUNCAN, CARRIED 4-0 (COUNCILMEMBER FERGUSON ABSENT), to approve, and authorize the Public Works Director/City Engineer to execute, Contract No. C22-31, by and between the City of San Clemente and Omni Enterprise, providing for City-Wide Janitorial Service, in an amount not to exceed $1,388,400, for a 3-year term.

I. Contract Award - Maintenance Services for Beach, Pier and Accesses J.

K.

MOTION BY COUNCILMEMBER WARD, SECOND BY MAYOR PRO TEM
DUNCAN, CARRIED 4-0 (COUNCILMEMBER FERGUSON ABSENT), to approve, and authorize the Public Works Director/City Engineer to execute, Contract No. C22-32, by and between the City of San Clemente and Colts Landscape, providing for Maintenance Services for Beach, Pier and Accesses, in an amount not to exceed $814,894.20, for a 3-year term.

Contract Award - Maintenance Services for City-Wide Streetscape Maintenance

MOTION BY COUNCILMEMBER WARD, SECOND BY MAYOR PRO TEM
DUNCAN, CARRIED 4-0 (COUNCILMEMBER FERGUSON ABSENT), to approve, and authorize the Public Works Director/City Engineer to execute, Contract No. C22-33, by and between the City of San Clemente and Colts Landscape, Inc., providing for Maintenance of 60 City-owned Streetscapes, in an amount not to exceed $1,053,559.56, for a 3-year term.

Contract Award - Pavement Rehabilitation at Reservoirs 4, 5 and 5A

MOTION BY COUNCILMEMBER WARD, SECOND BY MAYOR PRO TEM
DUNCAN, CARRIED 4-0 (COUNCILMEMBER FERGUSON ABSENT), to:

1. Approve the plans and specifications for Rehabilitation for Reservoirs 4, 5 and 5A, Project No. 21403.

2. Approve, and authorize the Public Works Director/City Engineer to execute, Contract No. C22-34, by and between the City of San Clemente and L.C. Paving & Sealing, Inc., providing for Pavement Rehabilitation at Reservoirs 4, 5 and 5A, in the amount of $259,172. 6-21-22 / 4A(1)-6
City Council Minutes -Regular and Special City Council Meeting of June 7, 2022 Page 7 M. Renewed Measure M2 Annual Funding Eligibility - Fiscal Year 2022- 2023
N.

P.

Q.

MOTION BY COUNCILMEMBER WARD, SECOND BY MAYOR PRO TEM
DUNCAN, CARRIED 4-0 (COUNCILMEMBER FERGUSON ABSENT), to:

1. Approve the 2022 Measure M2 Seven-Year Capital Improvement Program for Fiscal Years 2022-2023 through 2028-2029.

2. Authorize the Public Works Director/City Engineer to submit Measure M2 funding eligibility requirements on behalf of the City of San Clemente to the Orange County Transportation Authority.

Designation of Fiscal Year 2022-2023 Street Rehabilitation Projects Pursuant to Senate Bill 1 (SB1) the Road Repair and Accountability Act of 2017

MOTION BY COUNCILMEMBER WARD, SECOND BY MAYOR PRO TEM
DUNCAN, CARRIED 4-0 (COUNCILMEMBER FERGUSON ABSENT), to adopt Resolution No. 22-24 entitled A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF SAN CLEMENTE ADOPTING A LIST OF
PROJECTS FOR FISCAL YEAR 2022-2023 FUNDED BY SENATE BILL 1 (SB1): THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017.

Establish Appropriations Limit for Fiscal Year 2022-23

MOTION BY COUNCILMEMBER WARD, SECOND BY MAYOR PRO TEM
DUNCAN, CARRIED 4-0 (COUNCILMEMBER FERGUSON ABSENT), to adopt Resolution No. 22-25 entitled A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA,

ESTABLISHING AN APPROPRIATIONS LIMIT PURSUANT TO ARTICLE XIIB OF THE CALIFORNIA CONSTITUTION.

Escheatment and Use of Unclaimed Beach Parking Impact Fee (BPIF) Refunds

MOTION BY COUNCILMEMBER WARD, SECOND BY MAYOR PRO TEM
DUNCAN, CARRIED 4-0 (COUNCILMEMBER FERGUSON ABSENT), to:

1. Adopt Resolution No. 22-26 entitled A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA,

DIRECTING THE TRANSFER OF FUNDS FROM THE BEACH
PARKING IMPACT FEE FUND TO THE GENERAL FUND.

Action continued on following page
6-21 -22 I 4A(1)-7
City Council M inutes -Regular and Special City Council Meeting of June 7, 2022 Page 8

2. Approve a supplemental appropriation in the amount of $1.0 million to a Section 11 5 Trust (Account No. 001-203-48630).

3. Authorize a transfer of $600,000 from the General Fund (Account No. 001-203-47231) to the Parks Acquisition and Development Fund (Account No. 031-000-39204).

R. FY 2022-23 Police Services Contract
S.

T.

MOTION BY COUNCILMEMBER WARD, SECOND BY MAYOR PRO TEM
DUNCAN, CARRIED 4-0 (COUNCILMEMBER FERGUSON ABSENT), to approve, and authorize the Mayor to execute, Contract No. C22-35, by and between the City of San Clemente and the County of Orange, providing for Police Services for Fiscal Year 2022-23, in the amount of $18,687,481.

Contract Extension - Comprehensive Ambulance Billing and Collection Services

MOTION BY COUNCILMEMBER WARD, SECOND BY MAYOR PRO TEM
DUNCAN, CARRIED 4-0 (COUNCILMEMBER FERGUSON ABSENT), to:

1. Approve, and authorize the City Manager to execute, Amendment No. 4 to Contract No. C96-75, by and between the City of San Clemente and Wittman Enterprises, LLC., providing for ambulance billing and collection services for fiscal years 2022-23 through 2024-

25. 2. Authorize the City Manager to execute future extensions for a period not more than two years.

Contract Extension - Emergency Medical Transport Services

MOTION BY COUNCILMEMBER WARD, SECOND BY MAYOR PRO TEM
DUNCAN, CARRIED 4-0 (COUNCILMEMBER FERGUSON ABSENT), to approve, and authorize the City Manager to execute, Amendment No. 2 to Contract No. C17-36, by and between the City of San Clemente and Care Ambulance, providing for Emergency Medical Transport Services. This amendment extends the contract for a five-year term, from July 1, 2022 through June 30, 2027.
6-21-22 / 4A(1)-8
City Council Minutes -Regular and Special City Council Meeting of June 7, 2022 Page9 u.

V.

One-Time Waiver of Blackball Policy at T-street for Special Event Permit

MOTION BY COUNCILMEMBER WARD, SECOND BY MAYOR PRO TEM
DUNCAN, CARRIED 4-0 (COUNCILMEMBER FERGUSON ABSENT), to approve a one-time waiver of the blackball policy at T-Street on Saturday, August 13, 2022, to allow for the Red Bull Foam Wreckers 2022 Tour Surf Contest.

Contract Award - Environmental Consulting Services for Park Master Plan Update

MOTION BY COUNCILMEMBER WARD, SECOND BY MAYOR PRO TEM
DUNCAN, CARRIED 4-0 (COUNCILMEMBER FERGUSON ABSENT), to approve, and authorize the City Manager to execute, Contract No. C22-36, by and between the City of San Clemente and UltraSystems Environmental, Inc, providing for professional consultant services in connection with the park master plan update for Richard T. Steed Memorial Park, in the amount of $51,570.

ITEMS REMOVED FROM THE CONSENT CALENDAR FOR DISCUSSION
4A(1 ). City Council Minutes

MOTION BY COUNCILMEMBER WARD, SECOND BY
COUNCILMEMBER KNOBLOCK, CARRIED 3-1 (MAYOR PRO TEM

DUNCAN VOTING NOE AND COUNCILMEMBER FERGUSON ABSENT),
to approve the minutes of the Adjourned Regular City Council Meeting of May 25, 2022 with the modification that the Substitute Motion on page three be modified to read in its entirety as follows:

SUBSTITUTE MOTION BY COUNCILMEMBER WARD, SECOND
BY MAYOR PRO TEM DUNCAN, CARRIED 3-2
(COUNCILMEMBER FERGUSON AND COUNCILMEMBER
KNOBLOCK VOTING NOE), to approve re-evaluating pension
strategies and providing recommendations at the 2023 Long Term Financial Plan. With the third quarter budget update to be provided in June 2022, staff is to provide actual and/or projected numbers for the following items:

1. Property tax revenue.

2. 2/3 revenue of the parking meters.

3. 1 % of the annual budget funds.

4. Salary savings from vacant positions and evaluate staffing needs.
6-21-22 / 4A(1)-9
City Council Minutes-Regular and Special City Council Meeting of June 7, 2022 Page 10 L.

0. Speed Cushions - 100 Block of Avenida Barcelona
Craig Twiss, San Clemente, spoke in support of speed cushions for safety reasons.

MOTION BY COUNCILMEMBER KNOBLOCK, SECOND BY MAYOR PRO
TEM DUNCAN, CARRIED 4-0 (COUNCILMEMBER FERGUSON
ABSENT), to approve the use of speed cushion traffic calming treatments on the 100 block of Avenida Barcelona and authorize the use of funding from the Traffic Calming Project, Capital Improvement Project No. 39087 to complete the installations.

First Extension to Partnership Agreement - Ocean Festival Rick Delanty, San Clemente, spoke in support of artist, Roy Gonzalez, the artist selected for the Ocean Festival t-shirt design as well as continued sponsorship between the City and Ocean Festival.

Amanda Q spoke in support of the selected design for the Ocean Festival t-shirts, citing the importance of separation between church and state.

Rebecca Jaffe, San Clemente, expressed concerns with regard to the artist selected for the t-shirt design for the 2022 Ocean Festival because she believes it is offensive to Christians.

Retired Col. Mike Chene, San Clemente, voiced concerns with the Ocean Festival organizers and the selection of the artist by the Ocean Festival Board.

MEETING RECESSED
MOTION BY COUNCILMEMBER WARD, SECOND BY MAYOR JAMES, CARRIED 3-1 (COUNCILMEMBER KNOBLOCK VOTING NOE AND COUNCILMEMBER FERGUSON ABSENT) to recess at 6:03 p.m.

MEETING RECONVENED
Council reconvened at 6:09 p.m. with all Councilmembers present except Councilmember Ferguson, who was absent.

Public comment on agenda Item 40 continued as follows:

Katie Arons, San Clemente, expressed her support for the selected artist, Roy Gonzalez.
6-21-22 / 4A(1)-10
(
City Council Minutes-Regular and Special City Council Meeting of June 7, 2022 Page 11 Grace Blair, San Clemente, conveyed her support for the Ocean Festival artwork design.

Sandra Weaver, San Clemente, spoke in support of the Ocean Festival and the 2022 t-shirt design.

Tim Von Glascoe expressed support for the artist, Roy Gonzalez and the artwork for the Ocean Festival; spoke on the importance of freedom of speech.

Robert Eugene Clark, San Clemente, spoke in support of the artwork for the Ocean Festival.

MOTION BY COUNCILMEMBER KNOBLOCK, SECOND BY MAYOR
JAMES, CARRIED 4-0 (COUNCILMEMBER FERGUSON ABSENT}, to
approve, and authorize the Mayor to execute, Extension No. 1 to Contract No. C17-23, a partnership agreement by and between the City of San Clemente and the San Clemente Ocean Festival, providing for the annual Ocean Festival event. The first extension extends the original agreement and any subsequent amendments until June 6, 2027. Additionally, a subcommittee (consisting of two Councilmembers) is to be appointed to act as the City Council liaison to the Ocean Festival Board.

5. REPORTS
A. Commissions and Committees
None.

B. City Manager
County Stakeholder Meeting Concerning Homelessness
City Manager Sund provided an update regarding the scheduling of a meeting with County stakeholders regarding homelessness.

Max Berg Plaza Park Sidewalk Repairs
City Manager Sund reported that he would provide an update for Max Berg Plaza Park sidewalk repairs during City Manager comments when an update is available.
6-21-22 I 4A(1)-11
City Council Minutes -Regular and Special City Council Meeting of June 7, 2022 Page 12 C. City Attorney
Initiation of Litigation - Nuisance Abatement at 422 Avenida De La Estrella
City Attorney Smith provided an update on nuisance abatement efforts at 422 Ave. De La Estrella (abandoned service station). Council voted 5-0 in Closed Session on May 25, 2022 to retain Matthew Silver of Silver and Wright to initiate litigation.

D. Council Members
Freeway On/Off Ramps Vegetation
Councilmember Knoblock requested that Public Works coordinate with Caltrans to improve the appearance of the freeway on/off ramps vegetation and provide an update to Council.

Recognition of Planning Commissioner Karen Prescott-Loeffler Mayor Pro Tern Duncan recognized Planning Commissioner Karen Prescott-Loeffler for receiving the Small Business Administration -Anthony Vigil Advocacy Award for her efforts to obtain essential worker designation for commercial electrical contractors during the Covid-19 pandemic shutdown.

Tree City USA
Mayor Pro Tern Duncan, with support from Mayor James and Councilmember Ward, agendized the possibility of pursuing a Tree City USA designation for the City. A staff report is to be prepared that includes the City's existing tree policy, process for becoming a Tree City, and potential water impacts in light of the current drought. This report is to be agendized for Council consideration at the end of summer/beginning of fall.

Orange County Sheriff's Department (OCSD) Additional Financial Information
Mayor James requested that additional information be provided by OCSD/County of Orange regarding City costs, the OCSD/County of Orange unfunded pen•sion liability, the cost breakdown including employee and County contributions, and the OCSD and OCFA percentage of the unfunded liability.
6-21-22 / 4A(1)-12
City Council Minutes-Regular and Special City Council Meeting of June 7, 2022 E. Council Subcommittee Updates
None.

CLOSED SESSION
A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code Section 54956.8

Property: 1030 Calle Negocio, San Clemente; Assessor's Parcel Number 688- 142-35
Agency Negotiators: City Manager
Negotiating Parties: City of San Clemente and Family Assistance Ministries Under Negotiation: Price and terms for potential lease extension Property: 2.2 acre section of an 80 acre parcel on the southwest corner of Avenida La Pata and Vista Hermosa, Assessor's Parcel Number 678-163-01 Agency Negotiators: City Manager
Negotiating Parties: City of San Clemente, Storageworks and/or their authorized agent(s)
Under Negotiation: Price and terms of payment re: Unsolicited Offer Under Negotiation: Consideration of proposals for acquisition or lease of surplus property
Council unanimously agreed to discuss Closed Session Item A related to the potential lease extension at 1030 Calle Negocio with Family Assistance Ministries during Part 2 of the Business Meeting - New Business (see page 21 of these minutes for a summary of the action). Council deferred the unsolicited offer for the 2.2 acre section of the parcel at Avenida La Pata and Avenida Vista Hermosa to the meeting of June 21 , 2022.

BUSINESS MEETING PART 2 (Special Meeting 6:30 p.m.)

6. Closed Session Report - City Attorney.

None.

7. Special Presentations.

A. Update on Homeless Issue
The May update will be provided at the City Council Meeting of June 21 , 2022.
6-21 -22 / 4A(1)-1 3
City Council Minutes-Regular and Special City Council Meeting of June 7, 2022 Page 14 B. Presentation of the Human Relations Leadership Award Mayor James, along with all members of the City Council, and Shari Grace of the Human Affairs Committee, presented the Human Relations Leadership Award to Logan Ruby, San Clemente High School Student, in recognition of his service and dedication to the community.

MEETING RECESSED
MOTION BY MAYOR JAMES, SECOND BY MAYOR PRO TEM DUNCAN, CARRIED 4- 0 (COUNCILMEMBER FERGUSON ABSENT), to recess at 7:08 p.m.

MEETING RECONVENED
Council reconvened at 7:32 p.m. with all Councilmembers present, with the exception of Councilmember Ferguson who was absent.

8. PUBLIC HEARINGS
A. Code Amendment (Chapter 13.12 Section 13.12.010-13.12.110 ) - Water Conservation and Declaration of a Water Shortage Level 2 Water Alert
Public Hearing to consider an ordinance establishing water management requirements necessary to conserve water, enable effective water supply planning, assure reasonable and beneficial use of water, prevent waste of water, prevent unreasonable use of water, prevent unreasonable methods of use of water within the City of San Clemente in order to assure adequate supplies of water to meet the needs of the public, and further the public health, safety, and welfare, recognizing that water is a scarce natural resource that requires careful management not only in times of drought, but at all times. Due to continued drought conditions within the State of California and in response to State Mandates, the City is recommending a Water Shortage Level 2 Water Alert.

Mayor James opened the Public Hearing.

Al Cullen, San Clemente, commented on the urgency of the item and spoke on water conservation.

There being no one else desiring to speak, the Public Hearing was closed.

Utilities Director Rebensdorf and Water Conservation Analyst Beach presented a PowerPoint entitled "Water Conservation Ordinance Update 6-21-22 / 4A(1)-14
(
City Council Minutes -Regular and Special City Council Meeting of June 7, 2022 Page 15 and Level 2 Water Alert" and responded to Council inquiries. A hard copy of the presentation is on file with the City Clerk.

MOTION BY COUNCILMEMBER WARD, SECOND BY MAYOR PRO TEM
DUNCAN, CARRIED 4-0 (COUNCILMEMBER FERGUSON ABSENT), to:

1. Introduce Ordinance No. 1731 entitled AN ORDINANCE OF THE

CITY COUNCIL OF THE CITY OF SAN CLEMENTE AMENDING
CHAPTER 13.12 SECTION 13.12.010-13.12.110 OF THE
MUNICIPAL CODE ("WATER CONSERVATION ORDINANCE").

2. Adopt Resolution No. 22-27 entitled A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA,
DECLARING A WATER SHORTAGE LEVEL 2 WATER ALERT.

3. Direct Staff to implement the following Level 2 Shortage Response Actions from its 2020 Water Shortage Contingency Plan: Expand Public Information Campaign; Implement Demand Management Rates for 11-20% Reduction, Landscape - Limit landscape irrigation to specific days; and Increase Water Waste Patrols.

REORGANIZATION OF AGENDA

MOTION BY MAYOR JAMES, SECOND BY COUNCILMEMBER KNOBLOCK, CARRIED 4-0 (COUNCILMEMBER FERGUSON ABSENT), to consider item 1 0C - Continuation of Pickleball at San Gorgonio Park ahead of Unfinished Business. Please reference page 16 of these minutes for a summary of the action.

9. UNFINISHED BUSINESS
A Adoption of Fiscal Year 2022-23 City Budget
Report from the City Manager concerning adoption of the Fiscal Year 2022-23 Budget.

City Manager Sund and Financial Services Officer Rahn reviewed the contents of the Administrative Report and responded to Council inquiries.

MOTION BY COUNCILMEMBER KNOBLOCK to reduce the General Fund budget by $1 million and allocate the money toward the pension liability.

The motion died for lack of a second.

Action continued on following page
6-21-22 / 4A(1)-15
City Council Minutes -Regular and Special City Council Meeting of June 7, 2022 Page 16

MOTION BY COUNCILMEMBER WARD, SECOND BY MAYOR JAMES,
to adopt Resolution No. 22-28 entitled A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, ADOPTING

AND APPROVING THE BUDGET AT THE FUND LEVEL FOR THE CITY OF SAN CLEMENTE FOR THE 2022-23 FISCAL YEAR AND THE
COMMITMENT OF FUND BALANCE.

SUBSTITUTE MOTION BY COUNCILMEMBER KNOBLOCK, SECOND
BY MAYOR JAMES, FAILED 2-2 (COUNCILMEMBER WARD AND

MAYOR PRO TEM DUNCAN VOTING NOE, AND COUNCILMEMBER
FERGUSON ABSENT), to reduce the General Fund budget by 5%.

THE ORIGINAL MOTION ON THE FLOOR WAS VOTED ON AND
CARRIED 4-0 (COUNCILMEMBER FERGUSON ABSENT). For ease of reference, the action taken was as follows:

Council adopted Resolution No. 22-28 entitled A RESOLUTION OF

THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE,

CALIFORNIA, ADOPTING AND APPROVING THE BUDGET AT

THE FUND LEVEL FOR THE CITY OF SAN CLEMENTE FOR THE
2022-23 FISCAL YEAR AND THE COMMITMENT OF FUND
BALANCE.

10. NEW BUSINESS
A. Adoption of Fiscal Year 2022-23 Salary Schedules
Report from the Human Resources Manager concerning adoption of the Fiscal Year 2022-23 Salary Schedules.

Human Resources Manager Thordahl reviewed the contents of the Administrative Report and responded to Council inquiries.

MOTION BY MAYOR PRO TEM DUNCAN, SECOND BY
COUNCILMEMBER WARD, CARRIED 4-0 (COUNCILMEMBER
FERGUSON ABSENT), to adopt Resolution No. 22-29 entitled A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN

CLEMENTE, CALIFORNIA, ADOPTING REVISED SALARY SCHEDULES AND NEW CLASSIFICATIONS AND AMENDING RESOLUTIONS NO. 21- 44 AND ANY OTHER RESOLUTIONS IN CONFLICT THEREWITH.
6-21 -22 I 4A(1)-16
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City Council Minutes-Regular and Special City Council Meeting of June 7, 2022 Page 17 C.

B. Code Amendment - Bicycle Repairs in Public
Report from the Community Development Director concerning an amendment to the municipal code to regulate bicycle repairs in public.

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

MOTION BY COUNCILMEMBER KNOBLOCK, SECOND BY MAYOR PRO
TEM DUNCAN, CARRIED 4-0 (COUNCILMEMBER FERGUSON
ABSENT), to introduce Ordinance No. 1732 entitled AN ORDINANCE OF

THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, ADDING CHAPTER 10.54 TO TITLE 10 (VEHICLES AND TRAFFIC) OF

THE SAN CLEMENTE MUNICIPAL CODE RELATING TO THE

PROHIBITION ON REPAIRS, SALES, AND STORAGE OF BICYCLES

AND BICYCLE PARTS ON PUBLIC PROPERTY AND FINDING THE

ORDINANCE NOT SUBJECT TO THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT.

Continuation of Pickleball at San Gorgonio Park (Agendized at the May 3, 2022 City Council Meeting by Councilmember Ferguson, with the support of Councilmember Knoblock and Mayor James)
Report from the Beaches, Parks and Recreation Director concerning continuation of Pickleball at San Gorgonio Park.

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

City Manager Sund provided an update on the process, timeline and construction of pickleball courts at Steed Park.

Marty Weinberg, San Clemente resident and USA Pickleball Ambassador, commented on pickleball classes at San Gorgonio Park and the community of pickleball.

Marlee Draper, San Clemente, spoke in support of Pickleball and the importance of maintaining a healthy lifestyle.

Phil Dunmeyer, San Clemente, expressed appreciation to the City for supporting pickleball and noted the diversity of players that participate.

Tim Brown, San Clemente, commented on the benefits of pickleball and the players willingness to work with neighbors to reduce impacts. 6-21 -22 I 4A(1)-17
City Council Minutes -Regular and Special City Council Meeting of June 7, 2022 Page 18 GiGi Harris, San Clemente resident and USA Pickleball Ambassador, spoke on the need for additional pickleball courts.

Decline, San Clemente, presented a PowerPoint on a petition signed by residents to decommission pickleball courts in residential areas. A hard copy of the presentation is on file with the City Clerk.

MOTION BY COUNCILMEMBER KNOBLOCK, SECOND BY MAYOR PRO
TEM DUNCAN, CARRIED 4-0, to receive and file the Administrative Report, dated June 7, 2022, and on file with the City Clerk.

D. Staff Authority to Seize Flammable Items from Open Space Areas (Agendized at the May 25, 2022 by Mayor James, with the support of Mayor Pro Tern Duncan and Councilmember Knoblock).

Report from the Community Development Director concerning staff authority to seize flammable items from open space areas.

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

MOTION BY COUNCILMEMBER KNOBLOCK, SECOND BY MAYOR PRO
TEM DUNCAN, CARRIED 4-0 (COUNCILMEMBER FERGUSON
ABSENT), to receive and file the Administrative Report, dated June 7, 2022, and on file with the City Clerk.

E. Revised Calling of General Municipal Election of November 8, 2022 to Include Ballot Measures Relating to Making the City Treasurer and City Clerk Appointive(Agendized at the May 25, 2022 City Council Meeting by Councilmember Knoblock, with the support of Mayor James and Councilmember Ferguson).

Report from the City Clerk concerning the revised Calling of the General Municipal Election on November 8, 2022.

City Clerk Baade reviewed the contents of the Administrative Report and responded to Council inquiries.

MOTION BY MAYOR JAMES, SECOND BY COUNCILMEMBER WARD,
CARRIED 3-1 (COUNCILMEMBER KNOBLOCK VOTING NOE AND
COUNCILMEMBER FERGUSON ABSENT), to adopt Resolution No. 22-18 entitled A REVISED RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF SAN CLEMENTE, CALIFORNIA, CALLING FOR THE HOLDING OF A Action continued on following page
6-21-22 / 4A(1)-18
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City Council Minutes -Regular and Special City Council Meeting of June 7, 2022 Page 19

GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY,
NOVEMBER 8, 2022 FOR THE ELECTION OF CERTAIN OFFICERS AS

REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF

CALIFORNIA RELATING TO GENERAL LAW CITIES, AND FOR THE
SUBMISSION TO THE VOTERS OF MEASURES RELATING TO 1)

TRANSITIONING THE CITY TREASURER TO AN APPOINTIVE
POSITION, AND 2) TRANSITIONING THE CITY CLERK TO AN
APPOINTIVE POSITION, AND REPEALING RESOLUTION NO. 22-13.

MOTION BY MAYOR JAMES, SECOND BY MAYOR PRO TEM DUNCAN,
CARRIED 3-1 (COUNCILMEMBER KNOBLOCK VOTING NOE AND
COUNCILMEMBER FERGUSON ABSENT), to adopt Resolution No. 22-19 entitled A REVISED RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF SAN CLEMENTE, CALIFORNIA, REQUESTING THE BOARD OF

SUPERVISORS OF THE COUNTY OF ORANGE TO CONSOLIDATE A
GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 8,
2022, WITH THE GENERAL ELECTION TO BE HELD ON THAT DATE PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE, AND
REPEALING RESOLUTION NO. 22-14.

MOTION BY COUNCILMEMBER WARD, SECOND BY MAYOR PRO TEM
DUNCAN, CARRIED 3-1 (COUNCILMEMBER KNOBLOCK VOTING NOE
AND COUNCILMEMBER FERGUSON ABSENT), to adopt Resolution No. 22-20 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, SETTING DEADLINES AND

PRIORITIES FOR FILING WRITTEN ARGUMENTS REGARDING A CITY

MEASURE TRANSITIONING THE CITY TREASURER TO AN

APPOINTIVE POSITION, TO BE SUBMITTED TO CITY VOTERS AT A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 8, 2022

AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS, with direction that the names of Mayor Pro Tern Duncan and Councilmember Ward be inserted as the Council Subcommittee members authorized to write an argument in favor of the measure on behalf of the City Council.

MOTION BY MAYOR JAMES, SECOND BY MAYOR PRO TEM DUNCAN,
CARRIED 4-0 (COUNCILMEMBER FERGUSON ABSENT), to adopt
Resolution No. 22-21 entitled A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF SAN CLEMENTE, CALIFORNIA, PROVIDING FOR THE

FILING OF REBUTTAL ARGUMENTS FOR OR AGAINST A CITY

MEASURE TRANSITIONING THE CITY TREASURER TO AN

APPOINTIVE POSITION TO BE SUBMITTED TO CITY VOTERS AT A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 8,
2022.

Action continued on following page
6-21-22 / 4A(1)-19
City Council Minutes -Regular and Special City Council Meeting of June 7, 2022 Page 20 F.

MOTION BY COUNCILMEMBER WARD, SECOND BY MAYOR PRO TEM
DUNCAN, CARRIED 3-1 (COUNCILMEMBER KNOBLOCK VOTING NOE
AND COUNCILMEMBER FERGUSON ABSENT), to adopt Resolution No. 22-22 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, SETTING DEADLINES AND

PRIORITIES FOR FILING WRITTEN ARGUMENTS REGARDING A CITY

MEASURE TRANSITIONING THE CITY CLERK TO AN APPOINTIVE

POSITION, TO BE SUBMITTED TO CITY VOTERS AT A GENERAL
MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 8, 2022 AND

DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL
ANALYSIS, with direction that the names of Mayor Pro Tern Duncan and Councilmember Ward be inserted as the Council Subcommittee members authorized to write an argument in favor of the measure on behalf of the City Council.

MOTION BY MAYOR PRO TEM DUNCAN, SECOND BY
COUNCILMEMBER WARD, CARRIED 4-0 (COUNCILMEMBER
FERGUSON ABSENT), to adopt Resolution No. 22-23 entitled A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN

CLEMENTE, CALIFORNIA, PROVIDING FOR THE FILING OF

REBUTTAL ARGUMENTS FOR OR AGAINST A CITY MEASURE

TRANSITIONING THE CITY CLERK TO AN APPOINTIVE POSITION, TO

BE SUBMITTED TO CITY VOTERS AT A GENERAL MUNICIPAL
ELECTION TO BE HELD ON NOVEMBER 8, 2022.

MOTION BY MAYOR PRO TEM DUNCAN, SECOND BY MAYOR JAMES,
CARRIED 3-1 (COUNCILMEMBER KNOBLOCK VOTING NOE AND
COUNCILMEMBER FERGUSON ABSENT), to approve a supplemental appropriation of $17,000 to Election Costs (Account 001-133-44510-000- 00000).

Code Amendment- Enacting Local Campaign Contribution Limits and Policy Regarding Contractor Disclosure of Political Contributions (Agendized at the May 25, 2022 City Council Meeting by Mayor James with the support of Council).

Report from the City Clerk concerning enacting local campaign contribution limits and a policy regarding contractor disclosure of political contributions.

City Clerk Baade, City Manager Sund and IT Manager Brower responded to Council inquiries.

During the course of discussion, Council expressed an interest in considering the following:
6-21-22 / 4A(1)-20
(
City Council Minutes -Regular and Special City Council Meeting of June 7, 2022 Page 21 G.
• Link on the City's home page to access Form 460 submittals. • Make Form 460s searchable by name, contributor, and amount, if feasible.
• Staff to publish contributions to candidates in the Public Notices section of an adjudicated newspaper in the City.

Council determined to defer this issue to the Council meeting of June 21, 2022 to enable Staff to complete the following:
• Modify the proposed ordinances to include brackets to enable Council to choose between either a $500 contribution, or $1,000 contribution limit, with each option to include a provision allowing Consumer Price Index (CPI) Adjustments.
• Modify the Administrative Report to indicate whether or not contribution limits can be set for different groups, e.g., individual, corporate and PACs.

MOTION BY MAYOR JAMES, SECOND BY COUNCILMEMBER
KNOBLOCK, CARRIED 4-0 (COUNCILMEMBER FERGUSON ABSENT)
to defer this item until the June 21, 2022 City Council Meeting.

Removal of Signs Regarding Face Masks (Agendized at the May 25, 2022 City Council Meeting by Councilmember Knoblock, with the support of Mayor James).

Mike (no last name provided), San Clemente, opined that mask signs are politically motivated.

MOTION BY COUNCILMEMBER KNOBLOCK, SECOND BY MAYOR
JAMES, FAILED 2-2 (COUNCILMEMBER WARD AND MAYOR PRO TEM

DUNCAN VOTING NOE AND COUNCILMEMBER FERGUSON ABSENT)
to remove all signs in City facilities regarding face masks.

City Manager Sund stated that he intends to direct that all signs regarding face masks be removed from City facilities no later than June 10, 2022.

CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Council previously determined to discuss in Part 2 of the Business Meeting the lease agreement for the property at 1030 Calle Negocio with Family Assistance Ministry (FAM). (See page 13 of these minutes for a summary of that discussion) Following discussion, Councilmember Knoblock, with the support of Council, agendized a staff report that will include contributions and benefits provided to FAM and the City's historical relationship with FAM. This item is to be agendized for a Council Meeting in July or August 2022.
6-21-22 / 4A(1)-21
City Council Minutes -Regular and Special City Council Meeting of June 7, 2022 Page 22 11 . Adjournment.

MOTION BY COUNCILMEMBER WARD, SECOND BY MAYOR PRO TEM
DUNCAN, CARRIED 4-0 (COUNCILMEMBER FERGUSON ABSENT), to adjourn at 9:59 p.m., to an Adjourned Regular Meeting to be held on June 15, 2022 at 6:00 p.m. for the purpose of conducting Committee and Commission interviews and appointments. The meeting will take place in the Community Center Auditorium, located at 100 N. Calle Seville, San Clemente.

The next Regular Council Meeting is scheduled for June 21, 2022.

MAYOR of the City of
San Clemente, California
CITY CLERK of the City of
San Clemente, California
6-21-22 / 4A(1)-22
(
6-21-22 / 48(1)
These minutes will be considered for approval at the Planning Commission meeting of 04-20-2022.

MINUTES OF THE REGULAR MEETING

OF THE CITY OF SAN CLEMENTE

PLANNING COMMISSION
April 6, 2022@ 6:00 p.m.

San Clemente Community Center Auditorium
100 Calle Seville, San Clemente, CA 92672
Teleconference via www.san-clemente.org/live or Cox Channel 854

CALL TO ORDER
Commissioner Crandell called the Regular Meeting of the Planning Commission of the City of San Clemente to order at 6:01 p.m. The meeting was offered in person at The City of San Clemente Community Center Auditorium, located at 100 Calle Seville, San Clemente California, and also via live stream from the City's YouTube Channel or live on Cox Channel 854.
· 2. PLEDGE OF ALLEGIANCE
Commissioner Prescott-Loeffler led the Pledge of Allegiance.

3. ROLLCALL
Commissioners Present: Cameron Cosgrove, Gary P. Mccaughan, M.D., Karen PrescottLoeffler; Chair pro tern Scott McKhann, Vice Chair Hannah M.

Tyler, Chair Barton Crandell. • •
Commissioners Absent: M. Steven Camp
Staff Present: Adam Atamian, Deputy Community Development Director *Kyle Webber-, Assistant Planner
*David Carrillo, Assistant Planner
Matthew Richardson, Assistant City Attorney
Eileen White, Recording Secretary
*Participated in meeting via teleconference

4. SPECIAL ORDERS OF BUSINESS
None

5. MINUTES
A. Minutes from the Regular Planning Commission Study Session of March 16, 2022.

IT WAS MOVED BY COMMISSIONER PRESCOTT-LOEFFLER,
SECONDED BY COMMISSIONER MCCAUGHAN AND CARRIED 5-0-2,
6-21 -22 I 48(1)-1
Minutes of Regular Planning Commission Meeting of April 6, 2022 Page 2 (WITH COMMISSIONER COSGROVE ABSENT AND VICE CHAIR TYLER

ABSTAINING) TO RECEIVE AND FILE THE MINUTES FROM THE MARCH 16, 2022, PLANNING COMMISSION MEETING AS SUBMITTED.

6. ORAL AND WRITTEN COMMUNICATION
None

7. CONSENT CALENDAR
No.ne

8. PUBLIC HEARING
A. Cultural Heritage Pennit 21-054. Casa Rosa Duplex, 100 Avenida Rosa (Carillo)
A request to consider the construction of a two-story duplex building 0n a vacant lot located within the Architectural Overlay District David Carrillo, Assistant Planner, narrated a PowerPoint Presentation entitled, "Casa Rosa Duplex, CHP 21-054, dated Apri l 6, 2022." A copy of the ~resentation is on file in Planning Division.

Mark Goings, applicant, thanked staff and the Design Review Subcommittee (DRSC) Members for their assistance during the approval process; commented the project was improved as a result of their input.

Chair Crandell opened the public hearing, and there being no public testimony, closed the public hearing.

IT WAS MOVED BY COMMISSIONER COSGROVE, SECONDED BY

COMMISSIONER MCCAUGHAN, AND UNANIMOUSLY CARRIED TO
ADOPT RESOLUTION NO. PC 22-007, A RESOLUTION OF THE PLANNING

COMMISSION OF THE CITY OF SAN CLEMENTE, CALIFORNIA,
APPROVING CULTURAL HERITAGE PERMIT 21-054, CASA ROSA

DUPLEX, TO CONSIDER THE CONSTRUCTION OF A TWO-STORY

DUPLEX BUILDING ON A VACANT LOT LOCATED WITHIN THE
ARCHITECTURAL OVERLAY DISTRICT.
[DECISION FINAL. SUBJECT TO APPEAL OR CALL UP BY COUNCIL.]

9. NEW BUSINESS
A. General Plan Strategic Implementation Program Update (Webber) 6-21-22 / 48(1 )-2
(
Minutes of Regular Planning Commission Meeting of April 6, 2022 Page 3 B.

Kyle Webber, Assistant Planner narrated a PowerPoint Presentation entitled, "Strategic Implementation Program Update, Fiscal Year 2022-2023, dated April 6, 2022. A copy of the Presentation is on file in Planning Division.

Chair Crandell opened the public hearing, and there being no public testimony, closed the public hearing.
- IT WAS MOVED BY CHAIR CRANDELL, SECONDED BY COMMISSIONER

MCCAUGHAN, AND UNANIMOUSLY CARRIED TO DETERMINE A REVIEW

OF THE PROJECT HAS BEEN COMPLETED ACCORDING TO THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA), AND FIND THE FY 2022-23 SIP IS NOT SUBJECT TO CEQA ACCORDING TO STATE CEQA GUIDELINES SECTION 15378 AND SECTION 15061(6)(3).

IT WAS MOVED BY COMMISSIONER PRESCOTT-LOEFFLER,

SECONDED BY CHAIR CRANDELL AND UNANIMOUSLY CARRIED TO
ADOPT RESOLUTION NO. PC 22-005, A RESOLUTION OF THE PLANNING · ·COMMISSION - OF THE CITY OF - SAN CLEMENTE, • CALIFORNIA,

RECOMMENDING THE CITY COUNCIL APPROVE THE GENERAL PLAN

STRATEGIC IMPLEMENTATION PROGRAM (SIP) FOR FISCAL YEAR
2022-2023.
[ACTIONS SUBJECT TO CITY COUNCIL APPROVAL.]
In response to a request, Adam Atamian, Deputy Community Development Director, agreed to research and report back regarding timelines of past projects and efficiency goals for projects going forward. He also provided an update on Planning Division Staff recruitment efforts.

Establish the Meeting Time for Regular Meetings of the Study Session and Planning Commission (Atamian)
Adam Atamian, Deputy Community Development Director, reviewed the staff report, a recommendation the Planning Commission consider changing the start time of its Study Sessions and Regular Meetings from 6:00 p.m. to 5:00 p.m. and 7:00 p.m. to 6:00 p.m., respectively, for efficiency and consistency with staffing and other public meetings.

IT WAS MOVED BY COMMISSIONER COSGROVE, SECONDED BY

COMMISSIONER PRESCOTT-LOEFFLER, AND UNANIMOUSLY CARRIED TO ADOPT RESOLUTION NO. PC 22-006, A RESOLUTION OF THE

PLANNING COMMISSION OF THE CITY OF SAN CLEMENTE,

CALIFORNIA, ESTABLISHING THE MEETING TIME AND LOCATION FOR

ALL REGULAR MEETINGS OF THE PLANNING COMMISSION AND
PLANNING COMMISSION STUDY SESSIONS.
[DECISION FINAL. SUBJECT TO APPEAL OR CALL UP BY COUNCIL.] 6-21-22 I 48(1)-3
Minutes of Regular Planning Commission Meeting of April 6, 2022 Page 4

10. OLD BUSINESS
None

11. REPORTS OF COMMISSIONERS AND STAFF
A. Tentative Future Agenda
Deputy Director Atamian summarized changes he will be implementing to the Tentative Future Agenda in order to increase transparency and flexibility.

Chair Crandell encouraged the Commissioners to attend a DRSC meeting, either as a participant or observer (depending on guidance from staff with regard to Brown Act provisions) in order to familiarize themselves with the format and content of the meetings.

12. ADJOURNMENT

IT WAS MOVED BY COMMISSIONER MCKHANN, SECONDED BY COMMISSIONER MCCAUGHAN, AND UNANIMOUSLY CARRIED TO ADJOURN AT 6:37 P.M. TO THE REGULAR MEETINGS TO BE HELD ON APRIL 20, 2022, AT 6:00 P.M. IN-PERSON AT THE COMMUNITY CENTER, LOCATED AT 100 CALLE SEVILLE, SAN CLEMENTE, CA, 92672, AND TELECONFERENCE AVAILABLE TO THE PUBLIC VIA LIVE STREAM FROM THE CITY'S YOUTUBE CHANNEL OR LIVE ON COX CHANNEL 854.

Respectfully submitted,
Attest:
j(L&
Adam Atamian, Deputy Community Development Director
6-21-22 I 48(1)-4
These minutes were approved at the Human Affairs Committee Meetlng of 03/01/22

CITY OF SAN CLEMENTE

MINUTES OF THE REGULAR MEETING OF THE

HUMAN AFFAIRS COMMITTEE
DECEMBER 14, 2021

1. CALL TO ORDER/ROLL CALL
6-21-22 I 48(2)
Chair Ed one called the Regular Meeting of the City of San Clemente Human Affairs Committee to order on December 14, 2021 at 3:30 p.m. The meeting was held in the Friends Meeting Room at the San Clemente Aquatics Center, Committee
Members Present:

Absent:

Staff Present:

Chair Lisa Edone, Vice Chair Thomas Olds, Nina Dreyer,
Shari Grace, William Kreutinger, Rosemary Salas
Michelle Brooks
Cecilia Gallardo-Daly, Community Development Director
Janet Batchelor, Management Analyst
Rebekah Brewster, Administrative Assistant

2. APPROVAL OF MINUTES
A Minutes from the October 20, 2021 Special Meeting of the Human Affairs Committee,

MOTION BY CHAIR EDONE, SECOND BY COMMITTEE MEMBER
KREUTINGER, AND CARRIED 6-0, to approve the minutes from the October 20, 2021 Special Meeting of the Human Affairs Committee, B. Minutes from the November 30, 2021 Joint City Council/Commissions Committee Meeting,

MOTION BY CHAIR EDONE, SECOND BY COMMITTEE MEMBER SALAS, AND CARRIED 6-0, to approve the minutes from the November 30, 2021 Regular Meeting of the Human Affairs Committee.

3. UNFINISHED BUSINESS AND UPDATES
A Human Affairs Committee Annual Work Plan FY 2021/22
The Committee narrowed down the work plan to the following six items to be presented to the City Council at the December 21, 2021 meeting:
6-21-22 I 48(2)-1
Minutes of the Regular Meeting of the Human Affairs Committee of December 14, 2021

• SCHS Humanitarian Award: San Clemente high school students who had performed significant community service could be nominated for this award. The Human Affairs Committee would review applications and select well deserving candidates for special recognition. • "Every Fifteen Minutes" Drunk Driving/DUI Simulation Program: This live action program has been performed by other local high schools and police departments to help students understand the dangers of drinking and driving. Volunteer SCHS students would role play a scenario where they saw some of their classmates drinking, partying and then "killed" in a car accident. In reality the missing students would be taken out of school to a local hotel. Food would be provided for them by local restaurant donations. A local junkyard would provide crashed cars to show the students what accidents look like. Police officers would talk to students about the reality of DUls. This would be videotaped, potentially by the high school video department, then the video could be shown in future high school classes to reach more students. The Committee would work to contact local restaurants to donate food and coordinate with the police department for scheduling.
• Mentorship Program for Young Adults & Grades 6-12 "A Day in the Life":

The Committee would work to find local businesses willing to mentor high schools on trade skills such as auto body shops teaching mechanics, florists teaching the art of flower decoration, restaurants/bakers teaching cooking skills, etc. The idea is to help match high school students with a trade skill that they would be interested in learning through volunteering at a local business. City staff will consult the City Attorney and Risk Management Department regarding potential liability to the City. • Homeless Townhall & Community Resource Fair: This potentially annual event would invite service providers for special needs, mental health and homelessness so that San Clemente families could find information and resources. The event would focus on resources for special needs, mental health and homelessness. This would also include compiling a resource guide to be posted on the website and potentially also printed. • Overall Homelessness Strategy: The Committee would identify best practices and resources for the City.
• Updating Resources Directory: Providing a page on City's website with links to resources and organizations that provide services to the community.
6-21-22 I 48(2)-2
Minutes of the Regular Meeting of the Human Affairs Committee of December 14, 2021

4. SPECIAL PRESENTATION
None.

5. NEW BUSINESS
A Cox new low cost internet program

The Committee discussed Cox's new low cost internet program and ways of providing that info to the community. The program enables low income residents to obtain home internet for about $30/mont_h.

Committee Member Kreutinger volunteered to reach out to the Senior Center and Family Assistance Ministries to encourage them spread the info to their contacts as well.

6. ORAL AND WRITTEN COMMUNICATION
None.

7. COMMUNICATIONS FROM COMMITTEE MEMBERS AND STAFF
None.

8. ADJOURNMENT
THE MEETING ADJOURNED AT 4:45 P.M.

THE NEXT REGULAR MEETING OF THE HUMAN AFFAIRS COMMITTEE WILL BE HELD ON FEBRUARY 8, 2022 AT 3:30 P.M. LOCATED AT THE COMMUNITY CENTER FIRESIDE ROOM, 100 N. CALLE SEVILLE, SAN CLEMENTE,

CALIFORNIA
Lisa E
6-21-22 I 48(2)-3
These minutes were approved at the Human Affairs Committee Meeting of 04/12/22

CITY OF SAN CLEMENTE

MINUTES OF THE SPECIAL MEETING OF THE

HUMAN AFFAIRS COMMITTEE
March 1, 2022

1. CALL TO ORDER/ROLL CALL
6-21-22 I 48(3)
Chair Edone called the Special Meeting of the City of San Clemente Human Affairs Committee to order on March 1, 2022 at 1 :07 p.m. The meeting was held in the Friends Meeting Room at the San Clemente Aquatics Center.

Committee
Members Present:

Absent:

Staff Present:

Chair Lisa Edone, Vice Chair Thomas Olds, Shari Grace,
William Kreutinger, Rosemary Salas, Michelle Brooks
Nina Dreyer
Cecilia Gallardo-Daly, Community Development Director
Janet Batchelor, Management Analyst
Rebekah Brewster, Administrative Assistant

2. APPROVAL OF MINUTES
A. Minutes from the December 14, 2021 Regular Meeting of the Human Affairs Committee.

MOTION BY COMMITTEE MEMBER KREUTINGER, SECONDED BY
COMMITTEE MEMBER SALAS AND CARRIED 6-0, to approve the minutes from the December 14, 2021 Regular Meeting of the Human Affairs Committee.

3. UNFINISHED BUSINESS AND UPDATES
None.

4. SPECIAL PRESENTATION
None.
6-21-22 I 48(3)-1
l
I
Minutes of the Regular Meeting of the Human Affairs Committee of March 1, 2022

5. NEW BUSINESS
A Fiscal Year 2021-2022 Annual Work Plan Implementation - Designate work group members and assignments for each work plan project:

The Committee discussed the work plan items and formed work groups for each item. The work groups will prepare project deliverables and timelines for presentation at the next meeting.
• SCHS Humanitarian Award: Work group is William Kreutinger, Thomas Olds, anc;! Shari Grace
• "Every 15 Minutes" DUI Prevention Program: Work group is Shari Grace, Michelle Brooks, and Rosemary Salas
• Mentorship Program for Young Adults & Grades 6-12 "A Day in the Life":

Work group is Rosemary Salas, Thomas Olds, and Michelle Brooks • Homeless Townhall & Community Resource Fair: Work group is William Kreutinger, Lisa Edone and Shari Grace
• Overall Homelessness Strategy: Work group is William Kreutinger Rosemary Salas, and Michelle Brooks
• Updating Resources Directory: Work group is William Kreutinger and Lisa Edone
B. Social Service Budget Committee: Appoint two members to the Committee to review Community Development Block Grant (SDBG) Public Service grant applications
The Committee appointed Rosemary Salas and Shari Grace. William Kreutinger was chosen as an alternate if needed.

6. ORAL AND WRITTEN COMMUNICATION
None.
6-21 -22 I 48(3)-2
(

Minutes of the Regular Meeting of the Human Affairs Committee of March 1, 2022

7. COMMUNICATIONS FROM COMMITTEE MEMBERS AND STAFF
Committee Member Kreutinger has been communicating with Solace Foundation, Family Assistance Ministries, and Jamboree Housing. They are interested in providing educational presentations to the Committee. Committee Member Kreutinger will coordinate the presentations.

Committee Member Salas contacted the San Clemente High School Principal regarding the "Every 15 Minutes" work plan item. The principal is very interested in the program and working on overcoming covid protocols that restrict gatherings of the entire student body.

Vice Chair Olds suggested the feasibility of putting a park bench downtown in a highly visible location with a phone number that people could call when they were severely depressed and considering suicide. Committee Member Kreutinger recommended that he reach out the Beaches, Parks and Recreation Committee.

Committee Member Brooks shared an email from Committee Member Dreyer, which stated that due to starting a new job, Committee Member Dreyer would only be available to attend HAC meetings after 5:00 p.m. The Committee decided to maintain the current meeting time of 3:30 p.m. City staff will contact the City Clerk's office for direction.

8. ADJOURNMENT

MOTION TO ADJOURN BY COMMITTEE MEMBER KREUTINGER,
SECONDED BY COMMITTEE MEMBER OLDS AND CARRIED 6-0. THE
MEETING ADJOURNED AT 2:15 P.M.

THE NEXT REGULAR MEETING OF THE HUMAN AFFAIRS COMMITTEE WILL BE HELD ON APRIL 12, 2022 AT 3:30 P.M. LOCATED AT THE COMMUNITY CENTER FIRESIDE ROOM, 100 N. CALLE SEVILLE, SAN

CLEMENTE, CALIFORNIA
6-21-22 I 48(3)-3
Minutes of the Regular Meeting of the Human Affairs Committee of March 1, 2022 Page4
Respectfully submitted,
Attest:
net Batchelor, Management Analyst
(
6-21 -22 I 48(3)-4
These minutes were approved at the Human Affairs Committee Meeting of 06/14/22

CITY OF SAN CLEMENTE

MINUTES OF THE REGULAR MEETING OF THE

HUMAN AFFAIRS COMMITTEE
April 12, 2022

1. CALL TO ORDER/ROLL CALL
6-21-22 I 48(4)
Committee Member Rosemary Salas called the Regular Meeting of the City of San Clemente Human Affairs Committee to order on April 12, 2022 at 3:34 p.m. The meeting was held in the Fireside Room of the Community Center.

Committee
Members Present:

Absent:

Staff Present:

Nina Dreyer, Shari Grace, William Kreutinger, Rosemary
Salas, Michelle Brooks (arrived 3:37pm), Vice Chair Thomas Olds (arrived 3:40pm),
Chair Lisa Edone participated via teleconference.

None
Janet Batchelor, Management Analyst
Rebekah Brewster, Administrative Assistant

2. APPROVAL OF MINUTES
A Minutes from the March 1, 2022 Special Meeting of the Human Affairs Commtttee.

MOTION BY COMMITTEE MEMBER KREUTINGER, SECONDED BY
COMMITTEE MEMBER GRACE AND CARRIED 5-0-2, (Michelle Brooks and Thomas Olds absent) to approve the minutes from the March 1, 2022, Special Meeting of the Human Affairs Committee as submitted.

3. SPECIAL PRESENTATIONS
Susan Parmelee, Wellness and Prevention Genter
Susan Parmelee gave a presentation on how the Wellness and Prevention Center works with local school districts to provide mental health and suicide prevention services. She talked about how suicide ls one of the biggest public health issues and the best way to prevent it is by talking about it with teens and others at risk.
6-21-22 / 48(4)-1
Page2
Minutes of the Regular Meeting of the Human Affairs Committee of April 12, 2022 They train both professionals and nonprofessionals to respond to mental health crisis. They currently provide services at San Clemente High School, San Juan Capistrano High School, and Aliso Niguel High to assist teens struggling with depression and mental health issues.

Aimee Dunkle, Solace Foundation of Orange County
Aimee Dunkle gave a presentation on the use of Narcan nasal spray in reversing drug overdoses. After her son died of an overdose, she created the Solace Foundation to provide people with the tools to save lives. They are funded by a government grant to provide Narcan and training to people-willing to give first aid.

Since their creation in 2015, their work has resulted in 70 overdose reversals.

She talked about CDC statistics showing an average of 320 overdoses each year from 1999-2019. Then when Covid happened in 2020, the Orange County Coroner reported 636 overdoses in one year. She described how easily drugs are available to teens and preteens with deadly consequences because part of the supply is laced with Fentanyl. She works with local school districts to train teachers and administrators on how to recognize overdose symptoms and administer Narcan as a nasal spray.

4. UNFINISHED BUSINESS AND UPDATES
Work Plan Implementation Updates:
• Homeless Townhall & Community Resource Fair
Committee Member Kreutinger reported that due to the lateness in approving the work plan, they do not have enough time to start from scratch on this project. They will work from the list of attendees from a previous event. Committee Member Dreyer volunteered to help. The Committee decided that since work groups have a limit of three people, Committee Member Dreyer will replace Committee Member Grace. • Updating Resources Directory:

Committee Member Kreutinger reported he has received a resource list from 211 Orange County. Committee Member Kreutinger felt that because this nonprofit had one of the most extensive resource lists, this would be the most efficient way to accomplish the project.

Committee Member Dreyer volunteered to join the group. Because there were only two members on this work group, she will take the open position.
6-21-22 / 48(4)-2
(

Minutes of the Regular Meeting of the Human Affairs Committee of April 12, 2022 • Overall Homelessness Strategy:

Committee Member Dreyer volunteered to help and Committee Member Salas volunteered to give up her spot. Committee Member Kreutinger suggested that they plan a work group meeting to work on the project. • Mentorship Program for Young Adults & Grades 6-12 "A Day in the Life":

Committee Member Salas reported that she is making a list of potential businesses to approach. She suggested that they go talk to businesses to find out if they would be interested.
• "Every 15 Minutes" DUI Prevention Program:

Committee Member Salas reported talking to San Clemente High School's Activities Director, Matt Reid. He has agreed to move forward with the program and is suggesting scheduling it to occur during a school dance event, preferably for Homecoming in the fall.
• SCHS Humanitarian Award:

Committee Member Grace reported coordinating with Patti Romo from San Clemente High School. Patti will receive teacher nominations and provide the students with the application to be completed and returned by April 22, 2022. The workgroup will review the applications, conduct interviews, and select the award recipient. The selected student will be honored at the May 17th City Council Meeting.

5. NEW BUSINESS
None.

6. ORAL AND WRITTEN COMMUNICATION
None.
6-21-22 / 48(4)-3
Page4
Minutes of the Regular Meeting of the Human Affairs Committee of April 12, 2022

7. COMMUNICATIONS FROM COMMITTEE MEMBERS AND STAFF

MOTION BY COMMITTEE MEMBER KREUTINGER, SECONDED BY
COMMITTEE MEMBER BROOKS AND CARRIED 7-0, to recommend to City Council to invite the Solace Foundation to present at a Council meeting.

Committee Member Dreyer reported that she will be available to attend future HAC meetings because her new job schedule is accommodating.

Committee Member Brooks reported communicating with Beaches, Parks, and Recreation staff regarding what options were available for the idea to put a phone number on a downtown park bench that people could call if they felt suicidal. Brooks reported· that park benches are only donated through private funding, usually in honor of a loved one. Staff had suggested that this idea might be better achieved through a plaque instead of a park bench. The plaque could be put in a high traffic public place such as a beach lookout area.

Vice Chair Olds reported that he has been researching private funding options for the park bench idea and would look into options for what type of suicide prevention phone numbers were available.

8. ADJOURNMENT
Attest:

J

MOTION TO ADJOURN BY COMMITTEE MEMBER SALAS, SECONDED BY COMMITTEE MEMBER KREUTINGER, AND CARRIED 7-0. THE MEETING ADJOURNED AT 4:40 P.M.

THE NEXT REGULAR MEETING OF THE HUMAN AFFAIRS COMMITTEE WILL BE HELD ON JUNE 14, 2022 AT 3:30 P.M. LOCATED AT THE AQUATICS CENTER, FRIENDS ROOM, 987 VISTA HERMOSA AVENUE, SAN CLEMENTE, CALIFORNIA.
6-21-22 I 48(4)-4

CITY OF SAN CLEMENTE

MINUTES OF THE REGULAR GOLF COURSE

COMMITTEE MEETING
THURSDAY, FEBRUARY 3, 2022, 6:00 P.M.
6-21-22 I 48(5)
A regular meeting of the Golf Course Committee of the City of San Clemente was called to order on Thursd ay, February 3, 2022, at 6:00 p.m. at the Community Center Auditorium located at 100 N. Calle Seville, San Clemente, CA.

PRESENT:

ABSENT:

STAFF PRESENT:

Nick Azzollini, Rick Divel, Mandy Hamilton, Ben Page
Dick Veale
Samantha Wylie, Beaches, Parks and Recreation Director
Jordan Gilmore, Golf Course M anager
Maile Stivers, Sr. Administrative Assistant

1. APPROVAL OF MINUTES
A. Approval of Minutes of the Regular Meeting held November 4, 2021

MOTION BY COMMITTEE MEMBER AZZOLLINI, SECOND BY VICE CHAIR HAMILTON, AND CARRIED 4-0, to approve the minutes of the regular meeting held November 4, 2021.

B. Approval of Minutes of the Joint City Council/Commissions/Committees Meeting

MOTION BY COMMITTEE MEMBER AZZOLLINI, SECOND BY VICE CHAIR HAMILTON, AND CARRIED 4-0, to approve the minutes of the Joint City Council/Commissions/Committees Meeting held November 30, 2021.

2. PUBLIC INPUT
None.

3. OLD BUSINESS
None.

4. NEW BUSINESS
A. Hole #16 Blue Tees - Errant Ball Mitigation
Samantha Wylie, Beaches, Parks and Recreation Director, summarized the contents of the administrative report and responded to Committee Member inquiries.

Jon Martin, expressed concern regarding errant balls from Hole #16. 6-21-22 / 48(5)-1
Golf Course Committee Minutes of February 3, 2022
Konni Martin, expressed concern regarding errant golf balls from Hole #16.

Debbie Pautsch, expressed concern regarding errant golf ba lls from Hole #16.

Kellie Erickson, expressed concern regarding errant golf bal ls from Hole #16.

Steven Rose, expressed concern regarding modifications to Hole #16 tee.

Vinnie Poncino, provided information regarding golf play on Hole #16 tee.

Kurt Luebke. expressed concern regarding modifications to Hole #16 tee.

Committee Members either individually or in agreement commented:
page 2
• Unintended consequences of t he #16 tee changes have included near misses of golfers on #17.
• The view of golfers hitting second shots on #16 is now obstructed. • A tree installation is a goodwill gesture.
• A tree installation should not change the course configuration too much. • It is difficult to prevent players teeing off from undesignated locations. • This is less of a design issue, and more of a player issue. • 100% mitigation is not possible.

MOTION BY COMMITTEE MEMBER AZZOLLINI, SECOND BY VICE CHAIR HAMILTON, AND CARRIED 4-0, to recommend the City Council approve the installation of a t re e.

5. COMMUNICATIONS
None.

6. ITEMS FROM STAFF
A. 2nd Quarter Golf Course Activity Report

MOTION BY COMMITTEE MEMBER AZZOLLIN I, SECOND BY COMMITTEE MEMBER PAGE, AND CARRIED 4-0, to receive and fi le the 2nd Quarter Golf Course Activity Report.

B. Report from Golf Maintenance Staff
Jordan Gilmore, Golf Course Manager, provided an update on golf maintenance activities including staffing, #16 tee box landscape upgrades, #17 and #18 cart path upgrades, future irrigation software updates, and establishing a nursery behind #18.

Samantha Wylie, Beaches, Parks and Recreation Director, provided an update regarding staffing and recruitments.

C. Golf Course Financial Update
Samantha Wylie, Beaches, Parks and Recreation Director, provided an update regarding golf course finances.

MOTION BY COMMITTEE M EMBER AZZOLLINI, SECOND BY COMMITTEE MEMBER PAGE, AND CARRIED 4-0, to receive and file the Golf Course Financial Update. 6-21 -22 / 48(5)-2
Golf Course Committee Minutes of February 3, 2022 page 3

7. ITEMS FROM COMMITTEE MEMBERS
A. Greens Subcommittee Report
i. San Clemente Golf Course Tour Review
Committee Member Page summarized the contents of the report titled Golf Course Tour Review.

B. House Subcommittee Report
i. Meeting with General Manager of Wedgewood, 1/5/22
Vice Chair Hamilton summarized the contents of the report titled Meeting with General Manager of Wedgewood dated 1/5/22.

Samantha Wylie, Beaches, Parks and Recreation Director, provided an update regarding Wedgewood office project.
ii. Meeting with Pro Shop Head Professional, 11/22/21
Vice Chair Hamilton summarized the contents of the report titled M eeting with Pro Shop Head Professional dated 11/22/21.

C. Committee Member Items
Committee Members discussed course operations and maintenance activities including #13 forward tee location, landscape improvements near #16 cart path, mulch near #18, transplant potential for palm trees between 1st and 10th t ee box, empowering course marshals, cart rules, ADA cart flags, and a deflection device on #17.

8. ADJOURNMENT

MOTION BY VICE CHAIR HAMILTON, SECOND BY COMMITTEE MEMBER AZZOLLINI, AND CARRIED 4-0, to adjourn at 7:07 p.m. to a regular meeting to be held on Thursday, May 5, 2022 at 6:00 p.m. at the Community Center located at 100 N. Calle Seville, San Clemente, CA.

Date: ____ _ _ _
Rick Divel, Golf Course Committee Chair
Date: _ ____ _ _
Samantha Wylie, Beaches, Parks & Recreation Director
6-21-22 I 48(5)-3
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6-21-22 I 48(6)
Approved by the Beaches, Parks and Recreation Commission at its regular meeting on June 14, 2022.

CITY OF SAN CLEMENTE

MINUTES OF THE

BEACHES, PARKS AND RECREATION COMMISSION

REGULAR MEETING
TUESDAY, FEBRUARY 8, 2022 6:00 P.M.

Chair Pro Tern Campopiano called the Regular Meeting of the Beaches, Parks and Recreation Commission of t he City of San Clemente to order on Tuesday, February 8, 2022, at 6:00 p.m. at the Community Center Ole Hanson Fireside Room located at 100 N. Calle Seville, San Clemente, CA. Commissioner Feuerstein led the Pledge of Allegiance.

PRESENT John Bandaruk, Jorine Campopiano, Rob Feuerstein, Vincent Hennessy, Aaron Washington
ABSENT Ben Benumof, Teri Rousseau
STAFF PRESENT Samantha Wylie, Beaches, Parks and Recreation Director Melissa Muraira, Recreation Supervisor
Maile Stivers, Sr. Administrative Assistant

1. SPECIAL PRESENTATIONS
A. Spring Recreation Programs
Melissa Muraira, Recreation Supervisor, presented information regarding spring recreation programs and events and responded to Commission inquiries.

2. APPROVAL OF MINUTES
A. December 14, 2021 Beaches, Parks and Recreation Commission Regular Meeting

MOTION BY COMMISSIONER FEUERSTEIN, SECOND BY COMMISSIONER WASH INGTON, AND CARRIED 5-0, to approve the minutes of the Beaches, Parks and Recreation Commission Meeting of December 14, 2021 with the following modification: page 1 "Chair Pro Tern Rousseau" be changed to "Commissioner Campopiano" before "led the Pledge of Allegiance."

3. PUBLIC INPUT
Ruth Martin, San Clemente resident, commented on issues related to San Gorgonio Park.

Amanda Quintanilla, commented on issues related to San Gorgonio Park.

Susan Ambrose, San Clemente resident, commented on coastal issues.

Raymond Johnson, San Clemente resident, commented on issues related to lap swimming.

4. CURRENT COMMUNITY ACTIVITIES AND UPDATES
A. Recreation Activities and Events
None.
6-21-22 I 48(6)-1
Beaches, Parks & Recreation Commission Minutes of February 8, 2022 Page 2 B. Environmental Services Update
Samantha Wylie, Beaches, Parks and Recreation Director, reported the Utilities Director will be the contact for coastal and environmental issues; reported the Jurisdictional Runoff Management Program Report was submitted; and reported staff is working to add water quality information to the City's website.

5. OLD BUSINESS
None.

6. NEW BUSINESS
A. Consideration of Public Murals at End of Pier Concession Facility Samantha Wylie, Beaches, Parks and Recreation Director, summarized the contents of the report and responded to Commission inquiries.

Commissioners either individually or in agreement provided the following comments:
• The restroom at the base of pier also features dory boat races, and may be redundant.
• The sign mural may limit operator branding.
• The front side mural is great.
• An agreement with the artist for ongoing maintenance for two years should be included.
• The location of the murals will make access challenging.

MOTION BY COMMISSIONER BANDARUK, SECOND BY COMMISSIONER HENNESSY, AND CARRIED 5-0, to recommend the City Council approve the installation and design of two public art murals on the end of pier concession building.

7. COMMUNICATIONS
A. Beaches, Parks & Recreation Director Report
Samantha Wylie, Beaches, Parks and Recreation Director, reported the site specific park master plan updates are scheduled for the March 1, 2022 City Council meeting; reported the Commission work plan was approved by City Council and items will be considered at upcoming Commission meetings; and reported pool hours modifications due to staffing challenges and staff recruitment efforts.

8. ITEMS FROM COMMISSION
A. Subcommittee Reports
l. Coastal Items - Chair Pro Tern Campopiano provided information regarding the Heal the Bay report card for beach water quality; requested updates regarding TMDL's; reported a recent meeting with OC Parks regarding a shoreline restoration project for Capistrano Beach and a regional effort related to sand; 6-21-22 I 48(6)-2
Beaches, Parks & Recreation Commission Minutes of February 8, 2022 Page 3 reported an update related to infrastructure funding for sand nourishment; and reported a future meeting with the Mayor Pro Tern.

B. Items from Commissioners
l. Courtney's Sandcastle Charitable Foundation (CSC) - Commissioner Bandaruk reported the CSC will be disbanding and should be removed from future agendas.

2. PierPride - Commissioner Bandaruk reported information regarding selection of new officers, flag pole lighting project, upcoming cruise fundraiser event, snack shack renovation, and an upcoming sponsor recognition event.

3. Proposed Future Agenda Items - Commissioners proposed future agenda items including water bottle filling station at T-Street restrooms, San Gorgonio restroom doors, and e-bikes on the Beach Trail status.

9. ADJOURNMENT

MOTION BY COMM ISSIONER BANDARUK, SECOND BY COMMISSIONER FEUERSTEIN, AND CARRIED 5-0, to adjourn at 7:28 p.m. to a regular meeting on Tuesday, April 12, 2022 at 6:00 p.m. at the Community Center located at 100 N. Calle Seville, San Clemente, CA.

Chairperson of the Beaches, Parks &
Recreation Commission
Beaches, Parks & Recreation Director
6-21-22 I 48(6)-3
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6-21-22 / 48(7)
These minutes will be approved by the Zoning Administrator on 6/9/2022

CITY OF SAN CLEMENTE

MINUTES OF THE REGULAR MEETING

OF THE ZONING ADMINISTRATOR
MAY 19, 2022
San Clemente City Hall
First Floor Community Room
910 Calle Negocio
San Clemente, California 92673

1. CALL TO OROE;R
Zoning Administrator Gallardo-Daly called the Regular Meeting of the City of San Clemente Zoning Administrator to order on May 19, 2022 at 3:00 p.m. The meeting was held in the First Floor Community Room of City Hall, 91 0 Calle Negocio, San Clemente, California.

Staff Present: Cecilia Gallardo-Daly, Zoning Administrator Karla Morales, Community Development Technician
David Carrillo, Assistant Planner
Nancy Mith, Contract Planner
Zach Ponsen, Acting Deputy Public Works Director

2. MINUTES

3. 4.

A. Receive and file the minutes from the May 5, 2022 meeting.

ORAL AND WRITTEN COMMUNICATION
None

PUBLIC HEARING
A. 209 Avenida Rosa - Short Term Ag_artment Rental 22-045 - Bennett STAR (Morales)
A request to establish a short-term apartment rental within an existing three-unit multi-family building located in the Residential Medium (RM) Zoning District. The proposal would convert Unit A and Unit B into shortterm rentals for rentals less than 30 days. Unit C would be occupied by a full-time, on-site property manager.

Karla Morales, Community Development Technician, recommended the hearing be postponed due to an incorrect day of week on the Notice to Public. 6-21-22 I 48(7)-1
Minutes of the Zoning Administrator Meeting May 19, 2022 Page 2 Applicant Jordan Bennett requested that the hearing proceed.

Action: The Zoning Administrator approved the staff's recommendation to postpone and re-notice the Hearing to June 23, 2022 due to public concern regarding confusion and availability.

8. 1050 Calle Amanacer - Tentative Parcel Map 2021-116 (TPM 21-057) - Project 1050 Condo Conversion (Carrillo)
A request to consider a commercial condominium conversion to allow for individual ownership of four commercial suites.

David Carrillo, Assistant Planner, summarized the staff report.

ZA Gallardo-Daly opened the public hearing.

City staff read public comments into the record which are on file with the Community Development Department.

Karen Weiss, Master Association, email received and attached for filing.

ZA Gallardo-Daly closed the public hearing.

ZA Gallardo-Daly stated she reviewed the staff report, findings, plans, conditions of approval, and visited the property.

ZA Gallardo-Daly approved Tentative Parcel Map 2021-116 (TPM 21-057) based on the following findings: This project is limited to sub-dividing the lots airspace to allow for separate ownership of the commercial suites. There are no potentials for environmental impacts. Conditions of approval are included requiring CC&R's to establish maintenance responsibilities over common areas including driveways, parking, landscaping, and walls. There will be a creation of a subassociation. The request complies with the municipal code, building health and safety codes, and other applicable regulations and policies.

The project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15315 (Class 15: Minor Land Divisions).

Action: The Zoning Administrator approved and adopted Resolution ZA 22-005, Tentative Parcel Map 2021-116, subject to the Conditions of Approval. 6-21-22 I 48(7)-2
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Minutes of the Zoning Administrator Meeting May 19, 2022 Page 3 C. 127 Avenida Pizzaro - Minor Exception Permit 21-341 - Garber Fence (Mith) A request to legalize an existing nonconforming wood fence in the front yard setback of the residence located at 127 Avenida Pizarro.

Nancy Mith, Contract Planner, summarized the staff report.

ZA Gallardo-Daly asked staff if Engineering required an Encroachment Maintenance Removal Agreement, to which staff responded that Engineering required an Administrative Encroachment Permit that was submitted in 2018.

ZA Gallardo-Daly opened the public hearing, and there being no public comment received to this item, closed the public hearing.

ZA Gallardo-Daly stated she reviewed the staff report, findings, plans, conditions of approval, and visited the property.

ZA Gallardo-Daly approved Minor Exception Permit 21 -341 based on the following findings: The fence is consistent with the color of the residence and neighboring properties. Fence does not encroach into driver's line of sight and doesn't obstruct views. There are other properties in that neighborhood that have fences over-height within the 20' setback, therefore the request for this exception permit is consistent with the general plan and the zoning for the property.

The project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15301 .

Action: The Zoning Administrator approved and adopted Resolution ZA 22-007, Minor Exception Permit 21-341, subject to the Conditions of Approval that an Administrative Encroachment Permit be a requirement.

D. 129 Via Artemesia - Minor Exception Permit 22-047 - Sigmund Residence (Mith)
A request for Minor Exceptions to allow: (1) installation of a 5'-6" over-height combination masonry and glass fence to be used as a pool barrier in the front yard setback; and (2) construction of a swimming pool within the front yard setback area of a single-family residence.

Nancy Mith, Contract Planner, summarized the staff report.

ZA Gallardo-Daly asked staff to confirm 1) if the balcony displayed as Fig. 2 of the staff report is inclusive of this permit, to which it staff confirmed that the balcony is not included, 2) if a Coastal Development Permit is required by the Coastal Commission, to which the staff responded that Condition of Approval 6-21-22 I 48(7)-3
Minutes of the Zoning Administrator Meeting May 19, 2022 Page 4

4.10 was added that included Section 25 of the Coastal Development Permit that states the applicant must demonstrate to the City Planner that approval has been obtain by the Coastal Commission.

ZA Gallardo-Daly opened the public hearing.

Elizabeth Rogers, neighbor to property expressed support of MEP.

ZA Gallardo-Daly closed the public hearing.

ZA Gallardo-Daly stated she reviewed the staff report, findings, plans, conditions of approval, and visited the property.

ZA Gallardo-Daly approved Minor Exception Permit 22-04 7 based on the following findings: The encroachment of the pool into the setback area is minimal encroachment of the 20' setback requirement. While the zoning ordinance does limit height to 3'6" in the front area. The code also allows a Minor Exception Permit to a maximum of 6', thus 5'6" is consistent with code. The proposed location does not encroach on anyone's line of sight or obstruct traffic to or from driveways. The proposed masonry and glass top does not obstruct views of the property, and does not impact coastal views. In addition, the applicant is proposing new landscaping.

The project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15301.

Action: The Zoning Administrator approved and adopted Resolution ZA 22-007, Minor Exception Permit 22-047 - Sigmund Residence, subject to the revised Conditions of Approval that were provided by staff.

E. 309 Calle De Los Molinos - Minor Architectural Permit 21-228 - 309 Commercial (Mith)
A request to modify the exterior of an industrial building for the property located at 309 Calle De Los Molinas in the 12 (Light Industrial) Area of the West Pico Corridor Specific Plan. The proposed project includes new landscaping and sidewalk improvements along Calle De Los Molinas.

Nancy Mith, Contract Planner, summarized the staff report.

ZA Gallardo-Daly asked staff if staff supports the proposed modified condition with a staff response that stated the conditions in the proposed recommended resolutions are staff's recommendation.
6-21 -22 I 48(7)-4
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Minutes of the Zoning Administrator Meeting May 19, 2022 Page 5 ZA Gallardo-Daly asked Zack Ponsen, Acting Deputy Public Works Director, to summarize Engineering's recommendation on the request to modify Condition

4.13. Engineering stated that the code requires a sidewalk be installed any time the evaluation is over $50,000 of improvements and gave his summary. ZA Gallardo-Daly confirmed that Engineering's recommendation is for the Condition to remain as it is identified in the Conditions of Approval that would require the dedication of the sidewalk easement and construction of the sidewalk. As for the construction of the sidewalk, not the easement, there is a waiver process that the applicant may undertake that is separate and apart from the discretionary action that is an administrative review by the City Engineer. Engineering added that once determined, if the applicant chooses, they can appeal to City Council.

ZA Gallardo-Daly asked if the set of unique circumstances with a large, undeveloped parcel referenced in the summary would be considered under the waiver process, which Engineering clarified that the waiver process has nine criteria so it would most likely be denied and then moved to City Council.

Engineering's concern was with two phases of development and potential delays, the requested conditions may not be carried out over time.

ZA Gallardo-Daly stated that the condition does not tie into issuance of the building permit, it just says that "they shall," then asked what is the trigger for the sidewalk construction, the response being whenever there is a building permit evaluation over $50,000 the applicant shall construct sidewalks along the frontage.

ZA Gallardo-Daly read the code that referenced that in the event the project is evaluated at $50,000 or more, per municipal code 12.08, the applicant shall be responsible, but the condition isn't included; which was replied by Engineering that the second part of the application refers to the street right-of-way on Los Molinos that is wide enough, so the easement is not anticipated to be required since the street right-of-way on Rincon is approximately 6'' behind the curb face.

The sidewalk easement is anticipated to be required unless the waiver is subsequently approved.

ZA Gallardo-Daly asked to confirm that the subsequent waiver process could involve the easement and the requirement to construct the sidewalk, to which Engineering responded that the easement decision is per the Condition of Approval today. Engineering definitely recommended to keep the Condition of Approval to include the easement has to be part of the sidewalk construction to ensure construction.

ZA Gallardo-Daly referred back to landscape photos on the Rincon frontage where there is an existing fence, then referred to the landscape plan that shows planting in that area and asked the applicant if the fence will be removed or replaced to add additional landscaping between the street and the fencing. The applicant Jonas Dyer stated that the 6' wood fence will be replaced with an 8' 6-21-22 / 4B(?)-5
Minutes of the Zoning Administrator Meeting May 19, 2022 Page 6 rusted corrugated metal fence with 5.5' of landscape after the curb and will push back 2' with landscape between the trees. There will be 8' of right-of-way to the curb, and that there is a plan for additional landscape.

Having no further questions, ZA Gallardo-Daly invited applicants Dyer and Brandon Powell to give a presentation where he requested the modification request to delay until the development of Rincon is completed, and he believed this to be a reasonable request.

ZA Gallardo-Daly opened the public hearing, and there being no public comment received to this item, closed the public hearing.

ZA Gallardo-Daly clarified that the fence is going to be replaced and pushed back to accommodate additional landscape along Rincon frontage. The request is to defer any sidewalk improvements and easement dedication to the property along the Rincon frontage.

Engineering requested the condition to dedicate the sidewalk easement remain intact. There are options to establish the easement for the sidewalk that will allow a waiver process to be considered to push that will allow them another category for delay just in this case. Not recommended is bonding the sidewalk improvement for future development due to tracking complications.

ZA Gallardo-Daly stated she reviewed the staff report, findings, plans, conditions of approval, and visited the property.

The project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15301 Class 1 Existing Facilities
ZA Gallardo-Daly approved Minor Architectural Permit 21-228 for 309 Commercial subject to amended Item 3 Condition 4.13 that the sidewalk improvements along the approximate 120' Rincon parcel frontage will be deferred until such time in a future application(s) with a building permit evaluations of $50,000 or more within a three year period is submitted and approved for this parcel portion.

Action: The Zoning Administrator approved and adopted Resolution ZA 22-009, Minor Architectural Permit 21-228, subject to the revised Conditions of Approval and the modified condition.

5. NEW BUSINESS
None
6-21-22 I 48(7)-6
Minutes of the Zoning Administrator Meeting May 19, 2022 Page 7

6. OLD BUSINESS
None

7. ADJOURNMENT
The meeting adjourned at 4: 11 p.m. to the Special Meeting of the Zoning Administrator, which will be held Tuesday, May 24, 2022 at 3:00 p.m. at Community Development Department, City Hall, First Floor Community Room, located at 910 Calle Negocio, San Clemente, California.

Respectfully submitted,

SAN CLEMENTE ZONING ADMINISTRATOR
Cecilia Gallardo-Daly, Zoning Administrator
6-21-22 I 48(7)-7
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1. 2.

3. 6-21-22 I 48(8)
These minutes will be approved by the Zoning Administrator on 6/23/2022

CITY OF SAN CLEMENTE

MINUTES OF THE SPECIAL MEETING

OF THE ZONING ADMINISTRATOR
MAY 24, 2022
San Clemente City Hall
First Floor Community Room
91 O Calle Negocio
San Clemente, California 92673

CALL TO ORDER
Zoning Administrator Gallardo-Daly called the Special Meeting of the City of San Clemente Zoning Administrator to order on May 24, 2022 at 3:00 p.m. The meeting was held in the First Floor Community Room of City Hall, 910 Calle Negocio, San Clemente, California.

Staff Present:

MINUTES
A. None
Cecilia Gallardo-Daly, Zoning Administrator
Jonathan Lightfoot, Economic Development Officer

ORAL AND WRITTEN COMMUNICATION
None

4. PUBLIC HEARING
A. 111 Avenida Vista Montana - Special Activities Permit 22-137, PPA Select Medical QC Cup at Lifetime Fitness (Lightfoot)
A request to consider a 4-day special activity for a pickleball tournament on private property at Lifetime Fitness, running from 8am to 8pm daily and hosting up to 800 daily guests.

Jonathan Lightfoot, Economic Development Officer, summarized the staff report.

Staff and Applicant Devin Samtani, the general manager of Lifetime Fitness, identified areas of improvement from the 2021 event to be implemented for the 2022 event.
6-21-22 I 48(8)-1
Minutes of the Special Zoning Administrator Meeting May 24, 2022 Page 2 ZA Gallardo-Daly opened the public hearing.

Lloyd Harline, resident, expressed support of the Special Activities Permit.

Steve Bates, resident, expressed support with a recommendation to identify parking areas.

There being no further public comments received to this item, closed the public hearing.

ZA Gallardo-Daly stated she reviewed the staff report, findings, plans, conditions of approval, and visited the property.

ZA Gallardo-Daly confirmed with staff that alcohol would be consumed on site only (Conditions of Approval 7.3) and that a final traffic plan would be reviewed by the Public Works department prior to the event (Conditions of Approval 7.27).

ZA Gallardo-Daly approved Special Activities Permit 22-137 based on the following:

ZA Gallardo-Daly stated the permitted use is within the subject zone. The site is suitable for the type and intensity of use as proposed. The proposed use will not negatively impact the surrounding residences. The hours will be less than what is permitted by existing entitlements for outdoor recreation. The temporary use of amplified sound will be shielded and directed away from residential neighborhoods. Demand for parking will be accommodated by a park shuttle with guests parking at San Clemente High School with the concurrence from the Engineering department and Traffic Management Plan. The request complies with the municipal code, building health and safety codes, and other applicable regulations and policies.

The project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15304 (Class 4e: Minor Alterations to Land: Minor temporary use of land having negligible or no permanent effects on the environment, including carnivals, sales of Christmas trees, etc.).

Action: The Zoning Administrator approved and adopted Resolution ZA 22-010, Special Activities Permit 22-137, PPA Select Medical OC Cup at Lifetime Fitness, subject to the Conditions of Approval.

5. NEW BUSINESS
None
6-21-22 I 48(8)-2
Minutes of the Special Zoning Administrator Meeting May 24, 2022 Page 3

6. OLD BUSINESS
None

7. ADJOURNMENT
The meeting adjourned at 3:38 p.m. to the Regular Meeting of the Zoning Administrator, which will be held Thursday, June 23, 2022 at 3:00 p.m. at City Hall, First Floor Community Room, located at 910 Calle Negocio, San Clemente, California.

Respectfully submitted,

SAN CLEMENTE ZONING ADMINISTRATOR
Cecilia Gallardo-Daly, Zoning Administrator
6-21-22 I 48(8)-3

6-21-22 I 48(9)
These minutes will be considered for approval at the Planning Commiss·1on meeting of 06-22-2022.

MINUTES OF THE REGULAR MEETING

OF THE CITY OF SAN CLEMENTE

PLANNING COMMISSION
June 8, 2022@ 6:00 p.m.

San Clemente Community Center Auditorium
100 Calle Seville, San Clemente, CA 92672
Teleconference via www.san-clemente.org/live or Cox Channel 854

CALL TO ORDER
Commissioner Crandell called the Regular Meeting of the Planning Commission of the City of San Clemente to order at 6:02 p.m. The meeting was offered in person at The City of San Clemente Community Center Auditorium, located at 100 Calle Seville, San Clemente California, and also via live stream through the City's YouTube Channel or live on Cox Channel 854.

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

3. ROLL CALL
Commissioners Present: Cameron Cosgrove, Gary P. Mccaughan, M.D., Karen PrescottLoeffler; Chair pro tern Scott McKhann, Chair Barton Crandell.

Commissioners Absent M. Steven Camp
Staff Present: Adam Atamian, Deputy Community Development Director Sara Toma, Senior Planner
*Christopher Wright, Associate Planner II
*David Carrillo, Assistant Planner
Matthew Richardson, Assistant City Attorney
Eileen White, Recording Secretary
*Participated in meeting via teleconference

4. SPECIAL ORDERS OF BUSINESS
None

5. MINUTES
A. Minutes from the Regular Planning Commission Meeting of May 18 2022.

IT WAS MOVED BY COMMISSIONER MCCAUGHAN SECONDED BY

COMMISSIONER PRESCOTT-LOEFFLER, AND UNANIMOUSLY CARRIED 6-21-22 I 48(9)-1
Minutes of Regular Planning Commission Meeting of June 8, 2022 Page 2 TO RECEIVE AND FILE THE MINUTES FROM THE MAY 18, 2022, ( PLANNING COMMISSION MEETING AS SUBMITTED.

6. ORAL AND WRITTEN COMMUNICATION
None

7. CONSENT CALENDAR
None

8. PUBLIC HEARING
A Conditional Use Permit 22-165, Ashiatsu by the Sea Massage (Carrillo) A request to consider a massage establishment at a multi-tenant suite, within a commercial plaza, located at 1401 North El Camino Real, Suite 100, within the Neighborhood Commercial 2 Zoning District.

David Carrillo, Assistant Planner, narrated a PowerPoint Presentation entitled, "Ashiatsu by the Sea, CUP 22-165," dated June 8, 2022. A copy of the Presentation is on file in the Planning Division.

Sheila Neumann, applicant, was available for questions.

Chair Crandell opened the public hearing.

Deputy Director Atamian read aloud two letters received concerning this item.

Susan Neal, partner at previous location, submitted a letter recounting the positive experience she had with Ms. Neumann during their partnership; supported approval of the current proposal.

Suzette Shoulders, provided a letter detailing her experience as a customer of Ms. Neumann at her previous workplace and recommended approval of the request due to Ms. Neuman's professionalism and skill; described the results she experienced as a patient.

Chair Crandell closed the public hearing.

In response to questions from the Commission, Assistant Planner Carrillo and Deputy Community Development Director Atamian described the formal certification, documentation and license requirements to be fulfilled during the approval process; described staff's ability to access and inspect the workplace unannounced.

IT WAS MOVED BY COMMISSIONER MCKHANN, SECONDED BY
COMMISSIONER MCCAUGHAN , AND UNANIMOUSLY CARRIED TO:
6-21-22 I 48(9)-2
Minutes of Regular Planning Commission Meeting of June 8, 2022 Page 3 1) DETERMINE THE PROJECT IS CATEGORICALLY EXEMPT FROM

THE REQUIREMENTS OF THE CEQA PURSUANT TO CEQA GUIDELINES SECTION 15301 (CLASS 1: EXISTING FACILITIES); AND;
2) ADOPT RESOLUTION NO. PC 22-012, A RESOLUTION OF THE

PLANNING COMMISSION OF THE CITY OF SAN CLEMENTE,
CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 22-165,

ASHIATSU BY THE SEA MASSAGE, TO ALLOW A MASSAGE

ESTABLISHMENT AT A MULTI-TENANT SUITE WITHIN A COMMERCIAL PLAZA LOCATED AT 1401 NORTH EL CAMINO REAL, SUITE 100.
[DECISION FINAL. SUBJECT TO APPEAL OR CALL UP BY COUNCIL.]

9. NEW BUSINESS
A. Permit Streaming (Atamian)
A City-initiated review of potential streamlining opportunities.

Sara Toma, Senior Planner narrated a PowerPoint Presentation entitled, "Permit Streamlining, San Clemente,' dated June 8, 2022. A copy of the Presentation is on file in the Planning Division.

Deputy Director Atamian advised that, in response to direction from City Council, Planning Staff has prepared a list of potential streamlining opportunities and is requesting input from the Planning Commission. The List will be presented to City Council for review at its June 21, 2022, regular meeting. Comments, suggestions and proposed revisions/concerns from the Commission will also be presented to Council at that time.

Chair Crandell opened the public hearing, and there being no public testimony, closed the public hearing.

The Commission reviewed the List with staff and provided the following commentary:
• Expressed concern with proposed relegation of review level for certain types of projects that may generate controversy and public interest/testimony; opposed changing certain projects' review levels from a governing body with noticing requirements, to staff/department review that does not require resident notification.
• Suggested that in order to allow changes to levels of review, such as monument signage, the City should develop and codify objective and detailed design standards to ensure projects are complementary to the building architecture, area themes, and location designations. 6-21-22 I 48(9)-3
Minutes of Regular Planning Commission Meeting of June 8, 2022 Page 4 • Expressed concern with relaxing level of review for projects within ( prescribed distance of historic homes; requested staff identify situations/instances where the level of review may be bumped up to a higher level.
• Requested examples, potential exemptions, and identified instances where changes in level of review, and subsequent elimination of notification requirement, could occur for accessory structures, including setbacks, height limits, wall heights, locations within proscribed distance of historic homes, accessory structures joined to existing structures, etc. • Requested identification of landscape/hardscape projects subject/not subject to review level especially with regard to historic homes and locations within proscribed distance of historic homes, including clarification of "minor" designation, the use of historic landscaping materials and architectural standards.
• With regard to parking agreements, commented that level of review that includes public notification is important when the subject properties seeking agreements are located in or adjacent to residential areas. • Requested examples of standards, real instances and potential scenarios that would allow a level of review change for allowing residential on different floors of mixed-use buildings.
• Commented that before permit streamlining can occur, the City's Specific Plans need to be updated and scrutinized carefully with permit streamlining in mind.
• Check boxes on applications are a great addition to alert applicants as to when additional plans/documents/certifications/licenses, etc., have to be submitted.
• Commented that permit streamlining may be difficult to achieve if the City does not have adequate Planning staff.
• Although a premium price to expedite may help, an economic downturn will also affect the streamlining effort.
• The City currently has the ability to estimate the time an application will take as it moves through the process, and this should be shared with the applicants. However, staff should avoid attaching automatic timelines to projects; tickler files to ensure projects are on track are more efficient and increase transparency.
• Outreach to other departments, such as Engineering and Inspections, will also help to coordinate and maintain accurate timelines. • Ensure the public/applicants are consistently kept informed as to the status of projects to increase transparency and manage expectations. • Incorporate text messaging when there are time delays; codify guidelines with objective standards; encourage complete packages (as much as possible) at time of submittal.
• Expressed concern with changing any height standards, movement of property lines, and Zoning Code changes without the public notification process.
6-21-22 I 48(9)-4
Minutes of Regular Planning Commission Meeting of June 8, 2022 Page 5 Larry Culbertson, President of the San Clemente Historical Society was in attendance and expressed concerns with streamlining's impact on historical resources.

Deputy Director Atamian noted this draft will be presented for City Council input at its June 21, 2022, meeting; requested Commissioners contact staff if they think of any other comments.

10. OLD BUSINESS
None

11. REPORTS OF COMMISSIONERS AND STAFF
A.

B.

Tentative Future Agenda
Staff Waiver Memo and Reports
Deputy Director Atamian announced that Council has canceled its July 5, 2022, meeting; noted there are no items of business currently on the Commission's July 6, 2022, agenda. The Commissioners expressed support for canceling their July 6, 2022, meeting.

Chair Crandell commented that there is an upcoming Planning Commission Seminar in Dana Point in November; requested staff consider organizing and supporting Planning Commissioner attendance.

12. ADJOURNMENT

IT WAS MOVED BY COMMISSIONER MCCAUGHAN, SECONDED BY

COMMISSIONER COSGROVE AND UNANIMOUSLY CARRIED TO ADJOURN AT 9:45 P.M. TO THE REGULAR MEETING TO BE HELD ON JUNE 22, 2022, AT 6:00 P.M. IN-PERSON AT THE COMMUNITY CENTER, LOCATED AT 100 CALLE SEVILLE, SAN CLEMENTE, CA, 92672, AND TELECONFERENCE AVAILABLE TO

THE PUBLIC VIA LIVE STREAM FROM THE CITY'S YOUTUBE CHANNEL OR LIVE ON COX CHANNEL 854.

Respectfully submitted,
Bart Crandell, Chairman
Attest:

Adam Atamian, Deputy Community Development Director
6-21-22 I 48(9)-5
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CITY OF SAN CLEMENTE

CERTIFICATION OF WARRANTS

I HEREBY SUBMIT THE ATTACHED

WARRANT REGISTER FOR AUDIT

AND APPROVAL BY THE CITY

COUNCIL, CITY OF SAN CLEMENTE

CITY MANAGER
ATTEST: ________ __ _

CITY CLERK

I HEREBY CERTIFY TO THE ACCURACY OF THE FOREGOING

DEMANDS AND THAT FUNDS A AILABLE FOR PAYMENT
THEREOF:
'\

APPROVED AND ORDERED PAID AT
THE MEETING OF THE CITY COUNCIL HELD ____________ _
IN THE AMOUNT OF $ ~82=9'--'-'0:;_;4'-'-1=.3=-2 ____ _
MAYOR

PAID BY WARRANTS SIGNED BY LEGALLY

DESIGNATED PERSONS IN ACCORDANCE

WITH THE STATE OF CALIFORNIA
GOVERNMENT CODE, SECTION-41003

CITY TREASURER
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apChkLst Final Check List Page: 1
06108(2022 11:00:35AM SAN CLEMENTE
Bank : citv BANK OF THE WEST
Check# Date Vendor Invoice Inv Date Description Amount Paid Check Total 2662 6/10/2022 024009 CA PUB EMP RETIREMENT S'tPP#11/22 5/31/2022 PERS CONTRIBUTIONS FOR 81,655.69 81 ,655.69 2663 6/10/2022 002474 CA PUB EMPLOY RETIREMENPP11/22 5/31/2022 PERS CONTRIBUTIONS 5,793.03 5,793.03 581270 6/10/2022 020648 A& Y COMPANY INC PP9 6/1/2022 PNS 22306 WATER SEWER/ 1 33,237.29 33,237.29 581271 6/10/2022 000042 AKM CONSULTING ENGINEEF0011654 5/31/2022 PNS 12004 12209 - CYPRUS~ 2,950.00 001653 5/31/2022 PN 19516 - CALLE REAL PUMI 7,217.00 10,167.00 581272 6/10/2022 009876 ALL CITY MANAGEMENT SVC:77591 5/17/2022 FY 2021-2022 CROSSING GU 11,901.60 11,901.60 581273 6/10/2022 019075 AMERICAN EXPRESS 052922 5/29/2022 LOAD #004489, NC 3785-978i 9,045.79 9,045.79 581274 6/10/2022 002603 ANIMAL PEST MGMT SERVICE654658 4/30/2022 PEST CONTROL 455.00 654659 5/31/2022 PEST CONTROL 455.00 910.00
581275 6/10/2022 005201 APPLE ONE 01-6318491 5/25/2022 APPLEONE 1,897.72 01-6318492 5/25/2022 TEMPORARY OFFICE SPECI.C 1,695.32
01-6324920 6/1/2022 APPLEONE 1,056.69
01-6324921 6/1/2022 TEMPORARY OFFICE SPECI.C 1,387.08 6,036.81 581276 6/10/2022 019069 AT&T 000018250143 5/27/2022 AT&T COMMUNICATION SER' 1,206.56 1,206.56 581277 6/10/2022 025638 BAKER INTERNATIONAL INC, 1148784 5/27/2022 PN 10546 - CITY HALL EMER( 18,125.00 1134754 12/13/2021 PN 26001 - TORITO STORM D 1,957.76
1129609 10/17/2021 PN 18316 - FY22 CAMINO DEL 6,712.13
1132139 11/14/2021 PN 18316 - FY22 CAMINO DEL 3,728.33
1137700 1/19/2022 PN 18316 - FY22 CAMINO DEL 5,434.76
1146586 5/5/2022 PN 18316 - FY22 CAMINO DEL 3,606.10
1144008 4/5/2022 PN 18316 - FY22 CAMINO DEl 6,087.09 45,651. 17 581278 6/10/2022 032624 BLECKERT'S POWER SERVIC1085 5/27/2022 GENERATOR RENTAL FOR c· 10,904.34 1082 5/15/2022 TROUBLE SHOOT & REPAIR < 500.00 11,404.34 581279 6/10/2022 008293 BLUE SHIELD OF CALIFORNIIAR21080613184 5/13/2022 REFUND FOR AMBULANCE S 971.12 971.12 581280 6/10/2022 016000 BOUND TREE MEDICAL, LLC 84538317 5/25/2022 MEDICAL SUPPLIES 22.86 22.86 581281 6/10/2022 012250 BOVEE ROOFING, INC. 821-2607 12/23/2021 REFUND WMP FEE COLLECT 250.00 250.00 581282 6/10/2022 003231 CALIFORNIA DEPT OF JUSTIC578637 5/4/2022 FINGERPRINT PROCESSING 800.00 800.00 (j) I 581283 6/10/2022 012397 CENTRAL COMMUNICATIONS000025-493-441 6/1/2022 24-HOUR PHONE ANSWERIN 556.50 556.50 N
...... 581284 6/10/2022 013668 CITY OF BREA 053122 5/31/2022 OCCMA-LUNCHEON FORGAI 54.00 54.00 I N 581285 6/10/2022 028815 CIVICPLUS INC 226967 4/30/2022 CIVIC REC ANNUAL SERVICE 2,964.60 2,964.60 N -- 581286 6/10/2022 034210 CONNOR. JOHN 05132022 5/13/2022 REFUND FOR AMBULANCES 200.00 200.00 .i,..
() 581287 6/10/2022 034176 CONTACTA, INC 11327 5/31/2022 MICROPHONE & SPEAKER S' 3,71 0.66 3,710.66 -...... 581288 6/10/2022 001394 COOK PGA GOLF SHOP INC, !060722 6/7/2022 05/30/22-6/05/22 WEEKLY PAY 21 ,707.25 ..__. I N 1018 5/30/2022 RENTAL OF MARSHAL CART 500.00 22,207.25 Page: 1
apChkLst Final Check List Pa!,!c: 2
06/08/2022 11:00:35AM SAN CLEMENTE
Bank : citv BANK OF THE WEST (Continued)
Check# Date Vendor Invoice Inv Date Descriotion Amount Paid Check Total 581289 6/10/2022 006090 COX COMMUNICATIONS 049351201 5/1/2022 MONTHLY COX SCADA COM~ 250.00 049351101 5/1/2022 MONTHLY COX SCADA COM~ 1,318.58 1,568.58 581·290 6/10/2022 024013 CS-AMSCO 17678 4/15/2022 PARTS 1,950.65 1,950.65 581291 6/10/2022 000168 CWEA-TCP 32704 5/17/2022 CERT. RENEWAL COLL G1 - C 91.00 91.00 581292 6/10/2022 033164 DEBUT SURF SCHOOL 060222 6/2/2022 INSTRUCTOR PAYMENT 1,913.10 1,913.10 581293 6/10/2022 002749- DELTA DENTAL OF CALIFORN BE005005853 5/31/2022 DENTAL CLAIMS & ADMIN CO 16,075.50 16,075.50 581294 6/10/2022 015290 DELTACARE USA BE004989020 6/1/2022 HMO DENTAL PREMIUMS 1,685.36 1,685.36 581295 6/10/2022 032475 DMC ENGINEERING 04-22-027 5/31/2022 ENG21-272 VALENCIA BUILD! 2,480.00 04-22-028 5/31/2022 ENG20-058, 240 AVE. VISTA rv 680.00 04-22-029 5/31/2022 ENG22-006, 256 AVE. PAUZA[ 640.00
04-22-030 5/31/2022 ENG22-007, 3008 LAVENTAN/l 1,765.00 5,565.00 581296 6/10/2022 003583 DUMFORD, MARILYN 052622 5/26/2022 INSTRUCTOR PAYMENT 537.60 537.60 581297 6/10/2022 031215 ELITE LIVING REMODELING 822-0110 3/28/2022 REFUND OF WMP FEE 500.00 500.00 581 298 6/10/2022 016911 EVER AFTER EVENT PROD LL060222 6/2/2022 INSTRUCTOR PAYMENT 4,252.69 4,252.69 581299 6/10/2022 012157 FERGUSON WATERWORKS 1306041 4/21/2022 CUSTOMER #847552, 878902, 699.49 1378769 5/12/2022 CUSTOMER #847552, 878902, 106.88
1378817 5/12/2022 CUSTOMER #847552, 878902, 166.54 972.91 581300 6/10/2022 00641-3 FERGUSON, LAURA 050422-050622 5/11/2022 MILEAGE REIMB.- SCAG COi\ 167.31 167.31 581301 6/10/2022 002662 GANAHL LUMBER CO 020788313 4/15/2022 MATERIALS - PIER CONCESS 38.76 020789269 4/19/2022 MATERIALS - PIER CONCESS 72.07
020791084 4/26/2022 MATERIALS - PIER CONCESS 1,643.21
020791088 4/26/2022 MATERIALS - PIER CONCESS 103.43
020791573 4/27/2022 MATERIALS - PIER CONCESS 161.63
020793035 5/3/2022 MATERIALS - PIER CONCESS 26.92
020793040 5/3/2022 MATERIALS - PIER CONCESS 35.96
020789335 5/3/2022 MATERIALS - PIER CONCESS 1,422.56
020793379 5/4/2022 MATERIALS - PIER CONCESS 62.81
020793820 5/5/2022 MATERIALS - PIER CONCESS 295.00
0) 020785963 4/11/2022 MATERIALS - PIER CONCESS 1,033.75 I N 020787196 4/13/2022 MATERIALS - PIER CONCESS 2,818.15 .....

I 020788289 4/15/2022 MATERIALS - PIER CONCESS 346.11 N N 020788311 4/15/2022 MATERIALS - PIER CONCESS 363.55
--.i:,. 020792198 4/29/2022 MATERIALS - PIER CONCESS 183.30 0 - 020792227 4/29/2022 MATERIALS - PIER CONCESS 12.93 8,620.14 ..... '2;; 581302 6/10/2022 033376 GLOBAL MARKETING & SUBC7110 5/1/2022 MONTHLY JANITORIAL SVC F 1,240.85 1,240.85 Page:2
apChkLst Final Check List Page: 3
06/08/2022 11:00:35AM SAN CLEMENTE
Bank : dtv BANK OF THE WEST (Continued)
Check# Date Vendor Invoice Inv Date Descriotion Amount Paid Check Total 581303 6/10/2022 015195 GMU GEOTECHNICAL, INC 61645 4/30/2022 ENG22-074, 142 AVE. ROSA 1,150.00 1,150.00 581304 6/10/2022 029327 GOLDEN WEST WINDOW SEF25249 5/6/2022 WINDOW CLEANING 860.00 860.00 581305 6/10/2022 001926 GRAINGER, INC, W.W. 9298632440 5/2/2022 HARDWARE/ EQUIPMENT 500.84 9302691036 5/5/2022 HARDWARE/ EQUIPMENT 274.73
9303785407 5/6/2022 HARDWARE/ EQUIPMENT 1,035.28
9304443642 5/6/2022 HARDWARE / EQUIPMENT 124.66
9307924143 5/10/2022 HARDWARE/ EQUIPMENT 714.66
9308665745 5/11/2022 HARDWARE/ EQUIPMENT 157.86
9317036557 5/18/2022 HARDWARE/ EQUIPMENT 454.44
9310807111 5/12/2022 HARDWARE/ EQUIPMENT 2,157.56
9314307951 5/17/2022 HARDWARE/ EQUIPMENT 530.99
9317015247 5/18/2022 HARDWARE/ EQUIPMENT 539.71
9317036540 5/18/2022 HARDWARE/ EQUIPMENT 460.89
9318745636 5/19/2022 HARDWARE/ EQUIPMENT 237.19
9318736155 5/19/2022 HARDWARE/ EQUIPMENT 491.78 7,680.59 581306 6/10/2022 025820 GRAY, DANNY G 3637 6/1/2022 HERITAGE OF SC FOUNDATI! 360.00 360.00 581307 6/10/2022 005955 GREEK CONCRETE INC 6086 4/29/2022 BOLLAR REPLACEMENT 151i 3,800.00 3,800.00 581308 6/10/2022 033733 GREEN & ASSOCIATES INC, J2036 6/2/2022 EMERGENCY PLANNING 6 Ml 7,722.67 7,722.67 581309 6/10/2022 002048 GREENWALL PLUMBING E22-0046 2/3/2022 REFUND OF CASH BOND DEi 2,400.00 2,400.00 581310 6/10/2022 002311 HAAKER EQUIPMENT CO., INCZ00960 5/12/2022 PARTS / HARDWARE 2,316.63 2,316.63 581311 6/10/2022 001140 HACH COMPANY 13049628 5/19/2022 LAB SUPPLIES 2,630.83 13050445 5/20/2022 LAB SUPPLIES 1,130.72 3,761.55
581312 6/10/2022 007521 HARRINGTON IN DUST PLASi002P9405 5/18/2022 SUPPLIES 3,073.43 002P9493 5/20/2022 SUPPLIES 100.24 3,173.67
581313 6/10/2022 016179 HAULAWAY STORAGE CONT, 002061899 5/23/2022 10 FT. CONTAINER RENTAL 68.01 68.01 581314 6/10/2022 033160 HMC ARCHITECTS 162491 5/14/2022 PN 31501 - MARINE SAFETY F 7,650.00 7,650.00 581315 6/10/2022 007033 IMPERIAL SPRINKLER SUPPL'5117707-00 5/12/2022 IRRIGATION SUPPLIES #1327 132.55 132.55 0) 581316 6/10/2022 000401 JILK HEAVY CONSTRUCTION 22A-0406 5/27/2022 PN 11810 JILK HEAVY CONST 3,285.43 3,285.43 ' 581317 6/10/2022 008190 JOHNSON, MAREK J 060122 6/1/2022 INSTRUCTOR PAYMENT 4,140.50 4,140.50 N
_,_ 581318 6/10/2022 009069 JP'S SURF CAMP INC 060222 6/2/2022 INSTRUCTOR PAYMENT 350.00 350.00 I N 581319 6/10/2022 023205 KONA ICE IRVINE 000132 5/31/2022 SHAVED ICE CUPS 250.00 250.00 N -- 581320 6/10/2022 031514 KPFF CONSULTING ENGINEE424455R-7 5/27/2022 PN 11810 - MARIPOSA BEACI-- 6,715.40 6,715.40 .j:>. 0 581321 6/10/2022 001779 KUSUNOKI, GARY I 1669 5/25/2022 CITATION HEARING OFFICER 140.00 140.00 -
_,_ 581322 6/10/2022 034212 LA21 G LLC 822-0315 3/31/2022 REFUND OF WMP FEE 1,000.00 1,000.00 ..._.. I .j:>.

Page: 3
apChkLst Final Check List Page: 4
06/08/2022 11:00:35AM SAN CLEMENTE
Bank : citv BANK OF THE WEST (Continued)
Check# Date Vendor Invoice Inv Date Descriotion Amount Paid Check Total 581323 6/10/2022 019816 LGC GEOTECHNICAL INC 01-17518 4/30/2022 ENG22-048, 129 AVE. FLOREr 290.00 01-17519 4/30/2022 ENG22-090, 501 ELENA LANE 410.00
01-17520 4/30/2022 ENG22-096, 9 VIA TUNAS 922.50 1,622.50 581324 6/10/2022 005503 LITTLEPAGE LANDSCAPING 5106 5/26/2022 LANDSCAPING SERVICES AT 1,600.00 1,600.00 581 325 6/10/2022 007564 LOWE'S COMPANIES, INC. 3602 5/19/2022 #0333392 SUPPLIES 198.37 24454 5/23/2022 #0333392 SUPPLIES 54.26 252.63
581 326 6/10/2022 002552 LUCY, KAREN A MATHEWS 060222 6/2/2022 INSTRUCTOR PAYMENT 3,532.90 3,532.90 581 327 6/10/2022 000502 MCMASTER-CARR SUPPLY Ct78652653 5/24/2022 EQUIPMENT & TOOLS 158.33 158.33 581 328 6/10/2022 015082 MILES CHEMICAL COMPANY 657346 !?/17/2022 SUPPLY & DELIVERY OF FER 6,287.36 6,287.36 581329 6/10/2022 030139 MSA SAFETY INCORPORATEC962460546 5/9/2022 SENSORS 866.06 866.06 581330 6/10/2022 033959 MSW CONSULTANT, INC. 477 6/1/2022 SOLID WASTE PROCUREMEt 12,225.00 460 4/29/2022 SOLID WASTE PROCUREMEt 12,682.50 24,907.50 581 331 6/10/2022 012662 MUSIC THEATRE INTERNATIC783298 4/11/2022 DESCENDANTS SHOW KIT 786.58 786.58 581332 6/10/2022 003762 NATIONAL CONST RENTALS, 16547956 5/6/2022 PORTABLE RESTROOMS DAI 517.20 51 7.20 581333 6/10/2022 034043 NEW CITY AMERICA INC SC06012022 6/1/2022 INVESTIGATION OF DOWNTC 8,000.00 8,000.00 581334 6/10/2022 031605 NORTHSTAR CHEMICAL 223605 5/19/2022 SUPPLY & DELIVERY OF SOC 3,383.35 3,383.35 581335 6/10/2022 001207 ODP BUSINESS SOLUTIONS l2441452370001 5/20/2022 OFFICE SUPPLIES A/C #8983~ 271.47 245175781001 5/23/2022 OFFICE SUPPLIES A/C #8983~ 42.24 245178967001 5/23/2022 OFFICE SUPPLIES A/C #8983. 12.38 245286780001 5/23/2022 OFFICE SUPPLIESA/C #8983. 64.88
245333582001 5/23/2022 OFFICE SUPPLIES A/C #8983. 12.70 245965108001 5/18/2022 OFFICE SUPPLIES A/C #8983·. 21.97 244803915001 5/12/2022 OFFICE SUPPLIES A/C #8983. 36.64 244358687001 5/11/2022 OFFICE SUPPLIES A/C #8983. 14.82 245964482001 5/18/2022 OFFICE SUPPLIES A/C #8983~ 37.79 245496645001 5/18/2022 OFFICE SUPPLIESA/C #8983. 60.32
243169396001 5/17/2022 OFFICE SUPPLIES A/C #8983. 14.42 243093117001 5/17/2022 OFFICE SUPPLIES A/C #8983. 121 .21 0) 242775843001 5/5/2022 OFFICE SUPPLIES A/C #8983. 80.72 N ' 244357772001 5/11/2022 ...... OFFICE SUPPLIES A/C #8983. 43.89 835.45 N 581 336 6/1012022 016440 OLIN CORP - CH LOR ALKALI, 13000110507 5/20/2022 SODIUM HYPOCHLORITE 12.: 4,649.11 4,649.11 ~ 581 337 6/10/2022 025959 OMNI ENTERPRISE INC CSC55224 5/5/2022 JANITORIAL SERVICE FOR u· 3,638.25 3,638.25 h 581338 611012022 008563 ONESOURCE DISTRIBUTORSS6945955.003 5/13/2022 SUPPLY 3,049.10 ...--. S6950509.002 5/17/2022 SUPPLY 103.22 3,152.32 ...... ~ 581339 6/10/2022 019277 ORIGINAL WATERMEN S76822 5/24/2022 STAFF SWIMSUIT UNIFORMS 2,569.84 2,569.84 Page:4
apChkLst Final Check List Page: 5
06/08/2022 11:00:35AM SAN CLEMENTE
Bank : city BANK OF THE WEST (Continued)
Check# Date Vendor Invoice Inv Date Description Amount Paid Check Total 581340 6/10/2022 033778 PASSPORT LABS INC INV-1030352 4/30/2022 MOBILE PAY FEES 918.86 INV-1029781 3/31/2022 MOBILE PAY FEES 946.15 1,865.01
581341 6/10/2022 002728 PETTY CASH 060622 6/6/2022 REPLENISH PETTY CASH 443.08 443.08 581342 6/10/2022 010978 PETTY CASH 060222 6/2/2022 REPLENISH PETTY CASH 141.70 141.70 581343 6/10/2022 034178 PINO FIORI CONSTRUCTION B21-1777 10/26/2021 REFUND OF WMP FEE 500.00 500.00 581344 6/10/2022 010648 PLUMBERS DEPOT INC PD-51139 5/26/2022 PARTS/ SUPPLIES 402.89 402.89 581345 6/10/2022 000267 R & R INDUSTRIES, INC 622869 5/20/2022 CITY APPAREL 248.63 248.63 581346 6/10/2022 003033 RALPHS GROCERY CO 048787 4/19/2022 BPR A/C # E10007 132.66 043284 5/24/2022 BPR A/C # E10007 83.41 216.07
581347 6/10/2022 034175 REAL. JORDAN 030122-050222 5/9/2022 MILEAGE REIMBURSEMENT 39.31 39.31 581348 6/10/2022 000207 ROD'S TREE SERVICE INC 120-111-22 5/26/2022 TREE WORK 1,900.00 1,900.00 581349 6/10/2022 025220 SACRAMENTO METRO FIRE [2000003049 4/12/2022 FY18-19 GEMT PROGRAM~ 1,204.77 1,204.77 581350 6/10/2022 014307 SAN CLEMENTE TIMES LLC 13375 5/26/2022 LEGALADS 130.77 13377 5/26/2022 MEMORIAL DAY EVENT AD 1,137.00 1,267.77 581351 6/10/2022 008656 SAN CLEMENTE. CITY OF 052322-060222 6/3/2022 RECREATION SCHOLARSHIP 1,353.00 052422 6/3/2022 JUNIOR LIFEGUARD SCHOLP 235.00 1,588.00 581352 6/10/2022 001174 SAN DIEGO GAS & ELECTRIC 052622 ·5/26/2022 0036981847742 DISTRIBUTIO 36.12 052722 5/27/2022 0087322212229 DISTRIBUTIO 13.81
053122 5/31/2022 0025437847760 DISTRIBUTIO 12,238.63
051722 5/17/2022 0027684968885 DISTRIBUTIO 24.88
060122 6/1/2022 0019137335267 DISTRIBUTIO 1,605.18
060222 6/2/2022 0002166944878 DISTRIBUTIO 14,949.11
060322 6/3/2022 0025190122526 DISTRIBUTIO 1,234.21 30,101.94 581353 6/10/2022 018587 SC ROOKIES 052622 5/26/2022 INSTRUCTOR PAYMENT 910.00 910.00 581354 6/10/2022 008882 SEABERN. JESSICA 060222 6/2/2022 INSTRUCTOR PAYMENT 6,114.61 6, 114.61 581355 6/10/2022 016912 SECURE LIVE SCAN 12350 5/31/2022 FINGERPRINT ROLLING FEE 250.00 250.00 581356 6/10/2022 003204 SOUTHERN CALIF GAS CO, 11\052722 5/27/2022 09680756005 GAS SERVICES 6,013.97 052622 5/26/2022 07737028683 GAS SERVICES 10,615.04
0)
I 053122 5/31/2022 12190707005 GAS SERVICES 66.70 16,695.71 N
....>. 581357 6/10/2022 000208 SOUTHERN COUNTIES FUEU2140843-IN 5/27/2022 FUEL PURCHASES FY 2021-2 15,148.11 I N 2133079-IN 5/18/2022 FUELPURCHASESFY2021~ 18,667.22 N --- 2124878-IN 5/6/2022 FUEL PURCHASES FY 2021-2 15,682.07 49,497.40 ~ 0 581358 6/10/2022 031889 SPECTRUM GAS PRODUCTS, 00560571 5/26/2022 OXYGEN CYLINDERS 334.50 334.50 ,......_ ....>. 581359 6/10/2022 027249 SUMMIT ENVIRONMENTAL GF2022-05 5/31/2022 CONTRACT PLANNING SERV 4,180.00 4,180.00 ----- I
0) 581360 6/10/2022 019748 SUNDRIED TOMATO CAFE 053122LL 5/31/2022 MEAL FOR CPR/AED TRAININ 364.14 364.1 4 7 Paae: 5 ~
apChklst
06/08/2022 11 :00:35AM
Final Check List

SAN CLEMENTE
Bank : city BANK OF THE WEST (Continued)
Check # Date Vendor
CJ)
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581361 6/10/2022 034179
581362 6/10/2022 026315
581363 6/10/2022 028740
581 364 6/10/2022 007027
581365 6/10/2022 022435
581366 6/10/2022 001562
58136? 6/10/2022 033236
581368 6/10/2022 016334
581369 6/10/2022 034211
581370 6/10/2022 003242
581371 6/10/2022 031058
581372 6/10/2022 005046
581373 6/10/2022 014363
581374 6/10/2022 014745
...

Invoice Inv Date
SUNGUARD DESIGNS BL316385 6/6/2022
THOMAS PARTITIONS & SPEC5313 5/10/2022
5312 5/10/2022
TRABUCO CANYON WATER 02122-0094 4/27/2022
2122-054 1/21/2022
TURF STAR, INC 7227450-01 5/27/2022
ULINE, INC. 149239759 5/20/2022
UNIVERSAL PRESS, INC 76450 5/26/2022
US PROFESSIONAL PICKLEB/052622 5/26/2022
VISION SERVICE PLAN (CA) 815203243 5/19/2022
815203251 5/19/2022
WAIT TRUST, JANICE & DANIEB21 -0257 1/25/2022
WALMART COMMUNITY CAR[1642041573 5/19/2022
WARWICK GROUP CONSULT/22-220-5 6/1/2022
WELLS PIPELINE MATERIALS SINV22-2348 5/22/2022
SINV22-2347 5/22/2022
WEST MARINE PRO 4751 6/1/2022
XYLEM WATER SOLUTIONS U3556B14274 3/23/2020
Pagi:: 6
Description Amount Paid Check Total
REFUND BUSINESS LICENSE 59.00 59.00
RESTROOM PARTITIONS - M1 4,077.50
RESTROOM PARTITIONS - S. 4,272.50 8,350.00
PURCHASE, SALE & DEUVEFs 113,527.58
PURCHASE, SALE & DELIVEFs 150,147.85 263,675.43
SLEEVE O-RINGS 112.21 112.21
PODIUM 395.64 395.64
COLOREDPOSTERSANDF~ 226.28 226.28
INSTRUCTOR PAYMENT 5,967.50 5,967.50
A/C #30-005394-0001 VISION I 4,194.03
A/C #30-005394-0002 VISION I 730.77 4,924.80
REFUND OF WMP FEE 250.00 250.00
A/C#645889 1,698.19 1,698.19
PN 43690 - FEDERAL LOBBY ! 5,000.00 5,000.00
PIPELINE MATERIALS 210.11
PIPELINE MATERIALS 501 .04 711.15
PWC TRAILER MAINT. SUPPL 323.92 323.92
VOLUTES.SEAL 1,478.33 1,478.33
Sub total for BANK OF THE WEST: 829,041.32
Page: 6
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apChklst
06/08/2022 11 :00:35AM
107 checks in this report.

Final Check List

SAN CLEMENTE
Grand Total All Checks:

Page: 7
829,041.32
Page: 7
6-21-22 / 4C(2)-1
6-21-22 / 4C(2)

CITY OF SAN CLEMENTE

CERTIFICATION OF WARRANTS

I HEREBY SUBMIT THE ATTACHED

WARRANT REGISTER FOR AUDIT

AND APPROVAL BY THE CITY

COUNCIL, CITY OF SAN CLEMENTE

CITY MANAGER
ATTEST: _________ _

CITY CLERK

I HEREBY CERTIFY TO THE ACCURACY OF THE FOREGOING

DEMANDS AND THAT FUNDS ARE AVAILABLE FOR PAYMENT
THEREOF:

APPROVED AND ORDERED PAID AT

THE MEETING OF THE CITY COUNCIL
HELD <JVN, 7,..,\ , 102::2 ...

IN THE AMOUNT OF $ _1 ~06_7~9_8_2._1 ~6 ___ _
MAYOR

PAID BY WARRANTS SIGNED BY LEGALLY

DESIGNATED PERSONS IN ACCORDANCE

WITH THE STATE OF CALIFORNIA
GOVERNMENT CODE, SECTION-41003

CITY TREASURER
6-21-22 / 4C(2)-2 apChkLst Final Check List Page: 1 06/16/2022 8:34:49AM SAN CLEMENTE Bank : city BANK OF THE WEST
Check# Date Vendor Invoice Inv Date Description Amount Paid Check Total 2664 6/17/2022 004156 CALIF, STATE OF, EMPLOYMEBen2512593 6/17/2022 STATE TAX: PAYMENT 26,010.09 26,010.09 2665 6/17/2022 000010 CALIF, STATE OF, EMPLOYMEBen2512595 6/17/2022 SDI INS: PAYMENT 6,298.28 6,298.28 2666 6/17/2022 001819 FEDERAL WITHOLDING TAX Ben2512591 6/17/2022 FEDERAL TAX: PAYMENT 162,499.34 162,499.34 2667 6/17/2022 014754 STATE DISBURSMENT UNIT Ben2512597 6/17/2022 CHILD SUPPORT: PAYMENT 2,729.06 2,729.06 581375 6/17/2022 020648 A& Y COMPANY INC 122065 5/5/2022 PNS 22306 WATER SEWER/ t 8,950.00 8,950.00 581376 6/17/2022 034163 ABBOTT. JOANNE 38500270 5/10/2022 REFUND OF DEPOSIT 50.00 50.00 581377 6/17/2022 034156 ADAME, LUIS 38689835 5/16/2022 REFUND OF DEPOSIT 50.00 50.00 581378 6/17/2022 010213 AFLAC Ben2512587 6/17/2022 AFLACINSURANCE:PAYMEN 79.42 79.42 581379 6/17/2022 026088 ALARCON, JHONATHAN 38500433 5/10/2022 REFUND OF DEPOSIT 50.00 50.00 581380 6/17/2022 015621 ALEXANDER'S CONTRACT S\1202205310014 5/31/2022 MONTHLY METER READING ! 17,686.55 17,686.55 581381 6/1 7/2022 009876 ALL CITY MANAGEMENT SVC!78000 6/1/2022 FY 2021-2022 CROSSING GU 11,735.49 11,735.49 581382 6/17/2022 002603 ANIMAL PEST MGMT SERVICE605859 5/31/2022 RODENT CONTROL 500.00 605648 5/31/2022 RODENT CONTROL 215.00 624528 5/31/2022 APM - RODENT CONTROL (81 2,540.83 624638 5/31/2022 APM - RODENT CONTROL (B, 300.00 3,555.83 581383 6/17/2022 025093 APREA & MICHELI, INC 037061 6/1/2022 LEGISLATIVE ADVOCACY SEI 15,092.08 15,092.08 581384 6/17/2022 024288 ARMOR FENCE CONCEPTS 041522-01 4/15/2022 ARMOR- INST. ACOUS. PANE 7,630.00 7,630.00 581385 6/17/2022 000084 ASBURY ENVIRONMENTAL SEl500-00825727 5/16/2022 PARTS WASHER WASTE 134.69 134.69 581386 6/17/2022 034154 ATALLAH, BRIDGETTE 38689060 5/16/2022 REFUND OF DEPOSIT 50.00 50.00 581387 6/17/2022 017703 ATHENS SERVICES 12333283 5/31/2022 GRIT & SCREENINGS SERVI( 2,116.20 2,116.20 581388 6/17/2022 006250 AUDIO VISUAL NOW LLC 1-2022 6/1/2022 MOVIE SCREEN RENTAL 3,500.00 3,500.00 581389 6/17/2022 000184 AWARDS N MORE 5097 6/3/2022 KAREN LUCY DEDICATION Pl 193.95 193.95 581390 6/17/2022 034238 AZADOY, ZAMINA Ref002512245 5/31/2022 UB Refund Cst #105204 19.88 19.88 581391 6/17/2022 031987 BASHFORTH, ALEXIS 38705296 5/16/2022 REFUND - SCHEDULE CONFL 227.00 227.00 581392 6/17/2022 034225 BATAYOLA, KIMBERLY Ref002512228 5/31/2022 UB Refund Cst#092159 104.04 104.04 581393 6/17/2022 016149 BEACH CITIES GLASS COMPP18201 6/2/2022 WINDOW FROSTING 698.93 18466 5/24/2022 ACRYLIC SHEET FOR PLAYS 99.05 797.98
581394 6/17/2022 027754 BEACH CITY FLORISTS INC 53022-3 4/25/2022 MEMORIAL DAY WREATHS 630.34 630.34 581395 6/17/2022 030484 BEACHWALK INC. Ref002512248 5/31/2022 US Refund Cst #105423 204.68 204.68 581396 6/17/2022 034226 BEAM, COLLIN Ref002512229 5/31/2022 UB Refund Cst #093066 198.06 198.06 581397 6/17/2022 001738 BEE MAN, THE 118236 5/19/2022 BEES REMOVAL 220.00 220.00 581398 6/17/2022 007620 BENDER, JANE 38706037 5/16/2022 REFUND- SCHEDULE CON FL 426.00 426.00 Page: 1
6-21-22 / 4C(2)-3 apChklst Final Check List Page: 2 06/16/2022 8:34:49AM SAN CLEMENTE Bank : city BANK OF THE WEST (Continued)
Check# Date Vendor Invoice Inv Date Descriotion Amount Paid Check Total 581399 6/17/2022 024972 BEST BEST & KRIEGER LLP 930350 3/23/2022 LITI/ADMIN HEARING 254.60 932552 4/18/2022 REAL ESTATE 307.80
932547 4/18/2022 LAND USE 8,379.00 932544 4/18/2022 EMPLOYEE BENEFITS 102.60 932550 4/18/2022 LABOR AND EMPLOYMENT 2,291.40
932551 4/18/2022 LABOR/EMPLOYMENT CSA 4,275.00
932557 4/18/2022 PICO CANYON RESTORATIOI 788.80
932559 4/18/2022 US NAVY GERLA-GEN LIAB 718.20
935805 5/25/2022 RETAINER FOR LEGAL SERVI 40,806.30
932553 4/18/2022 CEQA 1,607.40 59,531 .10
581400 6/17/2022 034218 BEVERLY, JACQUELYNN Ref002512219 5/31/2022 UB Refund Cst#013122 72.77 72.77 581401 6/17/2022 033760 BLACKWILL, MATTHEW 38500413 5/10/2022 REFUND OF DEPOSIT 50.00 50.00 581402 6/17/2022 034186 BRYSON, ANOUSKA 38755138 5/17/2022 REFUND - SCHEDULE CON FL 322.00 322.00 581403 6/17/2022 001182 CALIF, STATE OF, FRANCHISEBen2512589 6/17/2022 STATE TAX LEVY: PAYMENT 689.74 689.74 581404 6/17/2022 029136 CALIFORNIA STREET LIGHTlt\861 5/27/2022 REPLACE SLAT 1517 N. ECR 3,500.00 3,500.00 581405 6/17/2022 022636 CARE AMBULANCE SERVICE 22-000495 6/6/2022 AMBULANCE SERVICES FY 2 26,012.08 22-000496 6/6/2022 AMBULANCE SERVICES FY 2 26,012.08 52,024.16 581406 6/17/2022 012397 CENTRAL COMMUNICATIONS000025-493-611 6/1/2022 24/7 Professional Answerinq Se 550.80 550.80 581407 6/17/2022 024871 CERVANTES, ERASMO MORE38690312 5/16/2022 REFUND OF DEPOSIT 50.00 50.00 581408 6/17/2022 023677 CHANDLER ASSET MANAGErv2205SANCLEME 6/3/2022 PORTFOLIO MANAGEMENT F 5,438.66 5,438.66 581409 6/17/2022 020373 CHATHAM, SUSIE 38720079 5/16/2022 REFUND - CHANGED MIND 227.00 227.00 581410 6/17/2022 023466 CHEM PRO LABORATORY INC687469 5/23/2022 CHEM PRO - W.TRTMT COOL 344.00 344.00 581411 6/17/2022 034229 CHEN, FANG Ref002512236 5/31/2022 UB Refund Cst #098599 89.56 89.56 581412 6/17/2022 019519 CINTAS CORPORATION 1903075159 5/31/2022 UNIFORM RENTAL/ SHOP TC 5,787.80 5,787.80 581413 6/17/2022 034240 CLEMENTE COVE PROPERTYRef002512247 5/31/2022 UB Refund Cst #105261 104.09 104.09 581414 6/17/2022 001241 COLONIAL LIFE & ACCIDENT Ben2512583 6/17/2022 ACCIDENT INSURANCE: PAYr 157.11 157.11 581415 6/17/2022 026046 COLTS LANDSCAPE INC 050222-0248 5/2/2022 MISC. MAINT. SERVICES 450.00 050222-0254 5/2/2022 MISC. MAINT. SERVICES 975.00
050222-0304 5/2/2022 MISC. MAINT. SERVICES 950.00 2,375.00 581416 6/17/2022 001417 CONSOLIDATED ELECTRIC 011025020 5/18/2022 MATERIALS 225.13 1025038 5/18/2022 MATERIALS 68.17 293.30
581417 6/17/2022 001394 COOK PGAGOLF SHOP INC, [061422 6/14/2022 06/06/22 - 6/12/22 WEEKLY PA 24,304.34 1018 5/20/2022 PART TIME SERVICE 362.50 24,666.84
581418 6/17/2022 034152 CORTES, DARA 38500721 5/10/2022 REFUND OF DEPOSIT 50.00 50.00 Page:2
6-21-22 / 4C(2)-4 apChklst Final Check List Page: 3 06/16/2022 8:34:49AM SAN CLEMENTE Bank : city BANK OF THE WEST (Continued)
Check# Date Vendor Invoice Inv Date Description Amount Paid Check Total 58141 9 6/17/2022 006090 COX COMMUNICATIONS 048750601 6/1/2022 A/C 001 7601 048750601 101.39 5017601048750! 6/1/2022 A/C 501 7601 048750601 233.86 060930701 5/29/2022 LANDLINE PHONE SERVICES 32.09 057644801 5/28/2022 LANDLINE PHONE SERVICES 68.72 436.06 581420 6/17/2022 033828 CRANKSHAW, TIMOTHY 38689271 5/16/2022 REFUND OF DEPOSIT 50.00 50.00 581421 6/17/2022 033275 CULLUM, MEAGHAN 38690107 5/16/2022 REFUND OF DEPOSIT 50.00 50.00 581422 6/17/2022 000168 CWEA -TCP 363777 5/17/2022 MEMBERSHIP RENEWAL - J. 1 91 .00 91.00 581423 6/17/2022 017717 D & H WATER SYSTEMS INC 12022-0538 4/13/2022 PARTS/SUPPLIES 424.37 12022-0736 5/24/2022 PARTS/SUPPLIES 356.54 780.91
581424 6/17/2022 002647 DENAULT'S HARDWARE, INC 511230 5/20/2022 HARDWARE & MAINT SUPPL! 29.05 29.05 581425 6/17/2022 034220 DEVRIES, BRIAN Ref002512222 5/31/2022 UB Refund Cst #069299 99.65 99.65 581426 6/17/2022 034187 DIAKITE, MELISSA 38780453 5/18/2022 CLASS REFUND 63.00 63.00 581427 6/17/2022 034222 DRAGON ALLIANCE Ref002512225 5/31/2022 UB Refund Cst #086474 922.15 922.1 5 581428 6/17/2022 009238 ELKINS, TINA 060622 6/6/2022 INSTRUCTOR PAYMENT 754.60 754.60 581429 6/17/2022 008098 ENVIRONMENTAL COMPLIAN(CSCBMP2022 6/6/2022 AGREEMENT FOR FOG PROC 21,600.00 21 ,600.00 581430 6/17/2022 026664 ERRO, PILAR 38480340 5/10/2022 REFUND - MEDICAL REASON 118.00 118.00 581431 6/17/2022 030401 FERGUSON, KATIE 38789843 5/18/2022 REFUND - SCHEDULE CONFL 276.75 276.75 581432 6/17/2022 034161 FOGACA, JANA 38500193 5/10/2022 REFUND OF DEPOSIT 50.00 50.00 581433 6/17/2022 003450 FOOTHILUEASTERN TRANS .CMAY2022 6/1/2022 FEES COLLECTED 158.73 158.73 581434 6/17/2022 002662 GANAHL LUMBER CO 020797096 5/17/2022 SUPPLIES/REPAIR PARTS 65.09 65.09 581435 6/17/2022 031385 GEOSYNTEC CONSULTANTS 1422334 5/25/2022 WATER QUALITY MANAGEME 585.00 585.00 581436 6/17/2022 032612 GIANT CO2 600059 5/31/2022 CHEMICAL SUPPLIES 332.35 332.35 581437 6/17/2022 014194 GOLF SCORECARDS INC 56005 5/10/2022 SCORE CARDS 2,176.56 2,176.56 581438 6/17/2022 024370 GOMEZ, PATRICIA 38689514 5/16/2022 REFUND OF DEPOSIT 50.00 50.00 581439 6/17/2022 034217 GOTT, WALLACE D Ref002512218 5/31/2022 UB Refund Cst #004699 303.99 303.99 581440 6/17/2022 029858 GREENTECH LANDSCAPE INC53441 5/31/2022 GREENTECH - WATER FACIL: 3,200.00 3,200.00 581441 6/17/2022 034194 GYGER. KARA 38820248 5/19/2022 REFUND - SCHEDULE CONFL 157.00 157.00 581442 6/17/2022 001140 HACH COMPANY 12790742 12/31/2021 LAB SUPPLIES 61.90 12958321 3/30/2022 LAB SUPPLIES 4,859.22 4,921 .12
581443 6/17/2022 032926 HALL & ASSOCIATES, BOB 1100 5/25/2022 CODE COMPLIANCE MANAGI 5,500.00 1107 6/3/2022 RECRUITMENT SVS. - TRAFF 5,000.00 10,500.00 581444 6/17/2022 034231 HAMPTON, GEORGE Ref002512238 5/31/2022 UB Refund Cst #101174 58.03 58.03 581445 6/17/2022 034126 HARPER, KELLY 38458089 5/9/2022 REFUND - SCHEDULE CONFL 217.00 217.00 581446 6/17/2022 025859 HARRELL'S LLC INV01627393 5/11/2022 PODIUM GROWTH REGULAT· 838.94 838.94 581447 6/17/2022 028677 HERNANDEZ, MARIANA 38689585 5/16/2022 REFUND OF DEPOSIT 50.00 50.00 Page: 3
6-21-22 / 4C(2)-5 apChklst Final Check List Page: 4 06/16/2022 8:34:49AM SAN CLEMENTE Bank : city BANK OF THE WEST (Continued)
Check# Date Vendor Invoice Inv Date Description Amount Paid Check Total 581448 6/17/2022 0094 72 HINDERLITER, DELLAMAS & PSIN017797 5/26/2022 SALES TAX SERVICES FY202. 2,408.72 2,408.72 581449 6/17/2022 029602 HUNG, TEE SIEW 38440789 5/9/2022 REFUND - SCHEDULE CONFL 72.00 38486159 5/10/2022 CAMP REFUND - CHANGED 4,949.00
38442530 5/9/2022 REFUND - CHANGED MIND 72.00
38442341 5/9/2022 REFUND - CHANGED MIND 144.00 38442238 5/9/2022 REFUND - CHANGED MIND 479.00 38441448 5/9/2022 REFUND - CHANGED MIND 144.00
38441349 5/9/2022 REFUND - CHANGED MIND 72.00 38440726 5/9/2022 REFUND - SCHEDULE CON Fl 72.00 38487348 5/10/2022 CAMP REFUND 227.00
38487298 5/10/2022 CAMP REFUND 227.00
38486432 5/10/2022 CAMP REFUND 429.00 6,887.00
581450 6/17/2022 034215 HUNTER, KARLIE 052922 5/29/2022 BOOTS REIMBURSEMENT 136.37 136.37 581451 6/17/2022 003619 ICMA RETIREMENT TRUST #3Ben2512579 6/17/2022 DEFERRED COMP ICMA: PAY 33,942.16 33,942.16 581452- 6/17/2022 007033 IMPERIAL SPRINKLER SUPPL'5110165-00 5/13/2022 IRRIGATION SUPPLIES #1327 789.97 5115444-00 5/11/2022 IRRIGATION SUPPLIES #1327 1,794.71 5095959-00 4/27/2022 IRRIGATION SUPPLIES #1327 57.55 5115788-00 5/11/2022 IRRIGATION SUPPLIES #1327 179.92
5100664-00 5/2/2022 IRRIGATION SUPPLIES #1327 70.40
5069421-00 4/29/2022 IRRIGATION SUPPLIES #1327 10,686.45 5124690-00 5/20/2022 IRRIGATION SUPPLIES #1327 165.67 5113472-00 5/10/2022 IRRIGATION SUPPLIES#1327 107.91
5114518-00 5/10/2022 IRRIGATION SUPPLIES #1327 1,866.11 5100889-00 5/10/2022 IRRIGATION SUPPLIES #1327 3,320.35 5124208-00 5/17/2022 IRRIGATION SUPPLIES #1327 9.83
5117679-00 5/12/2022 IRRIGATION SUPPLIES #1 327 97.70
5116260-00 5/11/2022 IRRIGATION SUPPLIES #1327 2,511 .23 21,657.80 581453 6/17/2022 019001 IPS GROUP, INC INV71225 4/30/2022 BANK MERCHANT FEES 1,423.67 1,423.67 581454 6/17/2022 010722 IRV SEAVER MOTORCYCLES 20221195 5/31/2022 POLICE MOTORCYCLE REPA 519.50 20221202 6/2/2022 POLICE MOTORCYCLE REPA 831 .69 1,351 .19 581455 6/17/2022 000498 J & S STRIPING CO, INC 11650 4/18/2022 J & S - TRAFFIC STRIPING & I 25,068.83 11670 5/16/2022 J & S - TRAFFIC STRIPING & I 14,300.68 39,369.51 581456 6/17/2022 022623 JCTEES.COM CORPORATION 8013 6/2/2022 SPORT TEK TEES ADULT SOI 1,349.38 8014 6/2/2022 SPORT TEK TEES ADULT SO< 111.64 1,461 .02 581457 6/17/2022 027784 JOCOVIC, MEG 38500237 5/10/2022 REFUND OF DEPOSIT 50.00 50.00 Page: 4
6-21-22 / 4C(2)-6 apChklst Final Check List Page: 5 06/16/2022 8:34:49AM SAN CLEMENTE Bank : city BANK OF THE WEST (Continued)
Check# Date Vendor Invoice Inv Date Descriotion Amount Paid Check Total 581458 6/17/2022 008609 JOHNSTONE SUPPLY OF SAN2099510 5/23/2022 SIGNAL SUPPLIES 938.41 938.41 581459 6/17/2022 006381 JTB SUPPLY COMPANY, INC 110295 4/28/2022 SIGNAL SUPPLIES 1,691.25 110296 4/28/2022 SIGNAL SUPPLIES 4,848.75 6,540.00
581460 6/17/2022 034227 KEKSI, KIMBERLY Ref002512230 5/31/2022 UB Refund Cst #094593 58.83 58.83 581461 6/17/2022 034239 KIANIPUR, HAMID Ref002512246 5/31/2022 UB Refund Cst #105242 72.02 72.02 581462 6/17/2022 034224 KIRKLAND, CASEY Ref002512227 5/31/2022 UB Refund Cst #088361 148.54 148.54 581463 6/17/2022 001721 KNORR SYSTEMS, INC. Sl239216 5/25/2022 POOL EQUIPMENT 1,248.91 1,248.91 581464 6/17/2022 029717 KURTZ, ANTHONY 060322 6/3/2022 UNIFORM REIMBURSEMENT 35.67 35.67 581465 6/17/2022 034153 LAIER, DARIN 38688967 5/16/2022 REFUND OF DEPOSIT 50.00 50.00 581466 6/17/2022 007610 LIDDELL, MARK 2 5/23/2022 SOUND FOR MEMORIAL DAY 450.00 450.00 581467 6/17/2022 013599 LIFEGUARD STORE INC INV001181057 5/3/2022 30' RIGN BUOY ORANGE 265.07 265.07 581468 6/17/2022 007564 LOWE'S COMPANIES, INC. 910397 5/1/2022 #0333392 SUPPLIES 22.47 924623 5/24/2022 #0333392 SUPPLIES 225.96
909604 5/17/2022 #0333392 SUPPLIES 24.72
910194 5/14/2022 #0333392 SUPPLIES 147.24
23077 5/27/2022 #0333392 SUPPLIES 625.91
24960 5/26/2022 #0333392 SUPPLIES 121 .83
911901 5/2/2022 #0333392 SUPPLIES 14.29
10194 5/14/2022 #0333392 SUPPLIES 147.24
09875 5/23/2022 #0333392 SUPPLIES 159.42
24816 5/19/2022 #0333392 SUPPLIES 92.12 24356 6/2/2022 #0333392 SUPPLIES 337.73 24307 6/2/2022 #0333392 SUPPLIES 65.50
909278 5/10/2022 #0333392 SUPPLIES 173.96 2,158.39
581469 6/17/2022 034011 LUCKY SULLY CHIMNEY SWE126809857 4/28/2022 CHIMNEY SPARK ARRESTOR 375.00 375.00 581470 6/17/2022 002552 LUCY, KAREN A MATHEWS 060622 6/6/2022 INSTRUCTOR PAYMENT 1,337.70 1,337.70 581471 6/17/2022 034242 LYNN R WALLACE TRUST B22-0815 5/31/2022 REFUND OF WMP FEE 250.00 250.00 581472 6/17/2022 034159 LYNN, KIMBERLY 38690257 5/16/2022 REFUND OF DEPOSIT 50.00 50.00 581473 6/17/2022 034232 MANTZ, NICK Ref002512239 5/31/2022 UB Refund Cst#101184 35.60 35.60 581474 6/17/2022 002159 MARTIN & CO, DON 237831 5/16/2022 PENCILS FOR SCORE CARm 1,359.28 1,359.28 581475 6/17/2022 024111 MARVIN, CARLY 38482182 5/10/2022 CLASS REFUND 227.00 227.00 581476 6/17/2022 022891 MAUGA, NICHOLL 38490652 5/10/2022 REFUND - SCHEDULE CONFL 227.00 227.00 581477 6/17/2022 000502 MCMASTER-CARR SUPPLY C(77365664 5/2/2022 EQUIPMENT & TOOLS 27.72 27.72 581478 6/17/2022 027900 MINNICK, STACI 38493827 5/10/2022 REFUND - REGISTRATION EF 227.00 227.00 Page:5
6-21-22 / 4C(2)-7 apChklst 06/16/2022 8:34:49AM Final Check List SAN CLEMENTE Bank : citv BANK OF THE WEST (Continued)
Check# Date Vendor Invoice Inv Date Descriotion
581479 6/17/2022 027155 MISSION LINEN SUPPLY 515419693 8/30/2021 RENTAL AND CLEANING OF L 515732570 10/18/2021 RENTALAND CLEANING OF L 516000115 11/29/2021 RENTALAND CLEANING OF L 516264446 1/10/2022 RENTALAND CLEANING OF L 516264447 1/10/2022 RENTAL AND CLEANING OF L 516861607 4/18/2022 RENTAL AND CLEANING OF L 516007502 11/29/2021 RENTALAND CLEANING OF L 516138382 12/20/2021 RENTAL AND CLEANING OF L 516138383 12/20/2021 RENTAL AND CLEANING OF L 516861610 4/18/2022 RENTAL AND CLEANING OF L 515732571 10/18/2021 RENTAL AND CLEANING OF L 515426688 9/13/2021 RENTAL AND CLEANING OF L 515639731 10/4/2021 RENTALAND CLEANING OF L 515723906 10/18/2021 RENTALAND CLEANING OF L 516007501 11/29/2021 RENTALAND CLEANING OF L 581480 6/17/2022 034164 MOWERY, SHELBY 38500287 5/10/2022 REFUND OF DEPOSIT 581481 6/17/2022 006627 MUNI WATER DIST OF ORANC17003 5/17/2022 MWDOC RESIDENTIAL WATE 581482 6/17/2022 034198 MUSIAL, CHRISTINE 38830039 5/19/2022 REFUND - REGISTRATION EF 581483 6/17/2022 034162 MYERS,KROSBY 38500221 5/10/2022 REFUND OF DEPOSIT 581484 6/17/2022 003762 NATIONAL CONST RENTALS, 16531097 4/25/2022 PORTABLE RESTROOMS DAI 6532893 4/26/2022 PORTABLE RESTROOMS DAI
581485 6/17/2022 026456 NEXTECH SYSTEMS INC INV1252 5/12/2022 CROSSWALK MAINT. SUPPLI 581486 6/17/2022 025176 NICHOLS CONSULTING ENGll790033013 5/24/2022 CLEAN OCEAN FEE RATE STI 581487 6/17/2022 007465 NINYO & MOORE, INC. 261604 6/2/2022 PN 19516 - CALLE REAL WATI 581488 6/17/2022 024199 OCEAN BLUE ENVIRON SVCS36685 5/31/2022 AGREEMENT FOR ENVIRON~ Amount Paid
160.00

98.75 191.50
113.83

94.30 538.75

79.97 92.75

70.73 538.75

96.98 16.00
114.00 110.00

98.75 50.00
250.00 227.00

50.00 517.20
225.00
1,801.41
2,706.25
4,019.00
1,984.84
Page: 6
Check Total
2,415.06

50.00 250.00
227.00

50.00 742.20
1,801.41
2,706.25
4,019.00
1,984.84
Page:6
6-21-22 / 4C(2)-8 apChklst Final Check List Page: 7 06/16/2022 8:34:49AM SAN CLEMENTE Bank : city BANK OF THE WEST (Continued)
Check# Date Vendor Invoice Inv Date Descriotion Amount Paid Check Total 581489 6/17/2022 001207 ODP BUSINESS SOLUTIONS L242210316001 5/4/2022 OFFICE SUPPLIES A/C #8983- 19.51 242215254001 5/4/2022 OFFICE SUPPLIES A/C #8983- 19.51
244551147001 5/13/2022 OFFICE SUPPLIES A/C #8983. 30.37 244551528001 5/13/2022 OFFICE SUPPLIES A/C #8983. 36.85 242210316002 5/5/2022 OFFICE SUPPLIES A/C #8983. 90.50
241108026001 5/6/2022 OFFICE SUPPLIES A/C #8983. 323.25 239719049001 4/29/2022 OFFICE SUPPLIES A/C #8983. 63.32 237994537002 4/21/2022 OFFICE SUPPLIES A/C #8983. 8.07 240234018001 4/22/2022 OFFICE SUPPLIES A/C #8983. 123.56 240234022001 4/24/2022 OFFICE SUPPLIES A/C #8983·. 8.61 240233290001 4/25/2022 OFFICE SUPPLIES A/C #8983. 30.16 240783681001 4/27/2022 OFFICE SUPPLIES A/C #8983. 71.00 239720157001 4/28/2022 OFFICE SUPPLIES A/C #8983. 145.39 246933572001 5/25/2022 OFFICE SUPPLIES A/C #8983. 80.32 237870909001 4/14/2022 OFFICE SUPPLIES A/C #8983- 117.92 232807147001 4/14/2022 OFFICE SUPPLIES A/C #8983. 323.12 239638137001 4/19/2022 OFFICE SUPPLIES A/C #8983. 39.36 239656564001 4/19/2022 OFFICE SUPPLIES A/C #8983. 154.35 238141815002 4/18/2022 OFFICE SUPPLIES A/C #8983. 5.75
246492486001 6/1/2022 OFFICE SUPPLIES A/C #8983. 38.01 243143148001 5/19/2022 OFFICE SUPPLIES A/C #8983'. 54.27 243115148001 5/19/2022 OFFICE SUPPLIES A/C #8983. 40.22 246752679001 5/24/2022 OFFICE SUPPLIES A/C #8983. 14.86 246749261001 5/24/2022 OFFICE SUPPLIES A/C #8983. 7.28
243980008002 5/24/2022 OFFICE SUPPLIES A/C #8983. 12.66 1,858.22 581490 6/17/2022 034158 OLIPHANT, MIRANDAH 38690207 5/16/2022 REFUND OF DEPOSIT 50.00 50.00 581491 6/17/2022 030378 O'MELVENY & MYERS, LLP 1116966 6/7/2022 LEGAL SERVICES 14,390.50 14,390.50 581492 6/17/2022 034155 O'NEIL, ERICA 38689175 5/16/2022 REFUND OF DEPOSIT 50.00 50.00 581493 6/17/2022 020253 O'REILLY AUTO PARTS 2676-235111 5/25/2022 PARTS 32.29 2676-234286 5/18/2022 PARTS 43.05 75.34
581494 6/17/2022 007173 PACIFIC PARKING SYSTEMS 11 5955 5/13/2022 RPR VANDALISM 385.78 385.78 581495 6/17/2022 008436 PACIFIC POINTE Ref002512220 5/31/2022 UB Refund Cst#036129 9.25 9.25 581496 6/17/2022 009680 PAR WEST TURF SERVICES 111 63390 5/27/2022 LAPPING COMPOUND 529.45 163664 6/1/2022 LAPPING COMPOUND 386.83 916.28
581497 6/17/2022 034236 PATEL, NISHA Ref002512243 5/31/2022 UB Refund Cst #104851 174.76 174.76 Page:7
6-21-22 / 4C(2)-9 apChklst Final Check List Page: 8 06/16/2022 8:34:49AM SAN CLEMENTE Bank: city BANK OF THE WEST (Continued) Check# Date Vendor Invoice Inv Date Description Amount Paid Check Total 581498 6/17/2022 015190 PAYFLEX SYSTEMS, USA Ben2512585 6/17/2022 SEC 125 MEDICAL: PAYMENT 3,236.22 3,236.22 581499 6/17/2022 013551 PELICAN COVE OFF COMPLERef002512224 5/31/2022 UB Refund Cst #085861 168.40 168.40 581500 6/17/2022 030984 PEREZ, ANA 38500379 5/10/2022 REFUND OF DEPOSIT 50.00 50.00 581501 6/17/2022 034157 PETERSON, JADE 38690047 5/16/2022 REFUND OF DEPOSIT 50.00 50.00 581502 6/17/2022 002709 PETTY CASH 060822 6/8/2022 REPLENISH PETTY CASH 124.14 124.14 581503 6/17/2022 012336 PITNEY BOWES GLOBAL FIN/3105511 787 5/27/2022 MAILING EQUIPMENT LEASE 1,643.67 1,643.67 581504 6/17/2022 034228 PJIK, KYE Ref002512231 5/31/2022 UB Refund Cst #096225 8.34 8.34 581505 6/17/2022 008613 POLYDYNE, INC 1617275 2/10/2022 SUPPLY & DELIVERY OF FLO. 1,052.18 1,052.18 581506 6/17/2022 034219 POTTS, DONNA Ref002512221 5/31/2022 UB Refund Cst #045735 19.35 19.35 581507 6/17/2022 033634 PRIDESTAFF INC 301545944 5/29/2022 GOLF COURSE GROUNDS KE 2,966.40 301540730 5/15/2022 GOLF COURSE GROUNDS KE 2,966.40 301543177 5/22/2022 GOLF COURSE GROUNDS KE 2,937.60 8,870.40 581508 6/17/2022 029291 PURPLE HEART ORIGINALS L 1579 6/7/2022 MEMORAIL DAY SPEAKER GI 324.75 324.75 581509 6/17/2022 003944 QUICK CRETE PRODUCTS CC124990 5/2/2022 FIRE RINGS FOR CITY BEACI 4,473.78 4,473.78 581510 6/17/2022 003798 R & R PRODUCTS, INC CD2679361 5/27/2022 BACK LAPPING BRUSH 24.08 24.08 581511 6/17/2022 000504 RC LANDSCAPE CONSTRUC-B20-11 37 5/25/2021 REFUND OF WMP FEE 750.00 750.00 581512 6/17/2022 006419 RAIN FOR RENT 1736222 5/12/2022 POLY TANK RENTAL FOR WR 2,896.07 2,896.07 581513 6/17/2022 029636 RAMIREZ, KARINA 38689374 5/16/2022 REFUND OF DEPOSIT 50.00 50.00 581514 6/17/2022 034237 REAL PROP MGMT Ref002512244 5/31/2022 UB Refund Cst #105062 42.87 42.87 5815-15 6/17/2022 004772 RECREATION SUPPLY CO., IN464329 5/29/2022 WATER POLO GOAL FLOAT P 561.42 561.42 581516 6/17/2022 001029 RED WING BUSADVANTAGE12022042103620! 4/21/2022 A/C #36205 I WORK BOOTS 224.11 2022051203620! 5/12/2022 A/C #36205 I WORK BOOTS 215.49 2022051903620! 5/19/2022 A/C #36205 I WORK BOOTS 208.78 648.38 581517 6/17/2022 000067 RINCON TRUCK CENTER INC 342685 5/16/2022 PARTS 247.42 342686 5/20/2022 PARTS 90.1 3
342371 5/4/2022 PARTS 82.77 342443 5/6/2022 PARTS 36.01 342575 5/11/2022 PARTS 353.77
342607 5/12/2022 PARTS 90.98
341845 4/28/2022 PARTS 55.92 957.00
581518 6/17/2022 032035 ROAD SOUP LLC INV-000067 4/28/2022 TEMP ASPHALT FOR TEMP R 1,143.63 1,143.63 581519 6/17/2022 033956 ROSAS, SERGIO 38720620 5/16/2022 DEPOSIT REFUND 50.00 50.00 581520 6/17/2022 004180 S & S WORLDWIDE IN100996586 5/26/2022 SUMMER SUPPLIES FOR PU 983.59 IN100997651 5/27/2022 SUMMER SUPPLIES FOR PLP 61.35
IN100999105 5/31/2022 SUMMER SUPPLIES FOR PLP 139.81 1,184.75 Page: 8
6-21-22 / 4C(2)-10 apChkLst Final Check List Page: 9 06/16/2022 8:34:49AM SAN CLEMENTE Bank : citv BANK OF THE WEST (Continued) Check# Date Vendor Invoice Inv Date Descriotion Amount Paid Check Total 581521 6/17/2022 034181 SAMPERI, LAUREN 38856549 5/20/2022 REFUND - SCHEDULE CONFL 157.00 38857718 5/20/2022 REFUND - SCHEDULE CONFL 142.00 299.00 581522 6/17/2022 000635 SAN CLEMENTE CITY EMPLO'Ben2512581 6/17/2022 DUES - SCCEA: PAYMENT 1,498.00 1,498.00 581523 6/17/2022 001174 SAN DIEGO GAS & ELECTRIC 060222A 6/2/2022 0025424688532 DISTRIBUTIO 1,038.57 060322A 6/3/2022 0007041665671 DISTRIBUTIO 29.46
061722G 6/17/2022 10112124370 DISTRIBUTION< 57,041.81 58,109.84 581524 6/17/2022 002274 SAN JOAQUIN HILLS TC A MAY2022 6/1/2022 FEES COLLECTED MAY 2022 2,735.00 2,735.00 581525 6/17/2022 030602 SANCHEZ, ANDRES 38500306 5/10/2022 REFUND OF DEPOSIT 50.00 50.00 581526 6/17/2022 034230 SAYER, NICOLE Ref002512237 5/31/2022 UB Refund Cst #100136 75.26 75.26 581527 6/17/2022 034013 SCA OF CA, LLC 155290PS 5/31/2022 MONTHLY SWEEPING SVC 553.80 553.80 581528 6/17/2022 034234 SCHLEGLE,PETE Ref002512241 5/31/2022 UB Refund Cst#103647 4.62 4.62 581529 6/17/2022 034221 SHAFFER, JASON Ref002512223 5/31/2022 UB Refund Cst#081318 120.00 120.00 581530 6/17/2022 034223 SHAN, WEIHONG Ref002512226 5/31/2022 UB Refund Cst #087037 114.72 114.72 581531 6/17/2022 008830 SHERWIN-WILLIAMS 7064-1 5/18/2022 PAINT - BC MONUMENTS AN[ 824.97 824.97 581532 6/17/2022 027220 SILVA, MICHAEL PPE0612 6/12/2022 OVERPAYMENT OF ICMA LO,C 196.18 PPE0529 5/29/2022 OVERPAYMENT OF ICMA LO,C 196.18 392.36 581533 6/17/2022 003857 SOCAL FIRST AID & SAFETY 42-022640 5/18/2022 FIRST AID SUPPLIES 110.99 110.99 581534 6/17/2022 033269 SONRISE ELECTRIC INC 9388 4/30/2022 REPAIR/MAINT. TO SCORE Bt 945.00 945.00 581535 6/17/2022 002755 SOUTH COAST DISTRIBUTINC291059 4/27/2022 SUPPLIES 133.23 291086 4/28/2022 SUPPLIES 16.65
291201 5/3/2022 SUPPLIES 30.06
291366 5/9/2022 SUPPLIES 89.90
291478 5/13/2022 SUPPLIES 30.06
291582 5/18/2022 SUPPLIES 1,140.16
291621 5/19/2022 SUPPLIES 550.82 1,990.88
581536 6/17/2022 000170 SOUTH COAST WATER DISTR4-2354 5/26/2022 WATER BILLING 40.75 4-2237 5/26/2022 WATER BILLING 2,722.82 4-2481 5/26/2022 WATER BILLING 84.84 4-2495 5/26/2022 WATER BILLING 120.86 2,969.27
581537 6/17/2022 000817 SOUTH COAST WATER DISTR3794 6/1/2022 FY22 OPERATION AND MAINl 63,534.25 63,534.25 581538 6/17/2022 000208 SOUTHERN COUNTIES FUEU2124491-IN 5/5/2022 FUEL FOR CYPRUS SHORE 1,080.23 1,080.23 581539 6/17/2022 030368 SPORTS FACILITIES GROUP IA14878 6/6/2022 NETTING REPLACEMENT-VI!: 4,313.03 4,313.03 581540 6/17/2022 034216 STATE WATER RESOURCES CCA3010036 6/6/2022 RETURN OF UNUSED FUNDII 50,448.92 50,448.92 581541 6/17/2022 034160 STATES, JESSICA 38500176 5/10/2022 REFUND OF DEPOSIT 50.00 50.00 581542 6/17/2022 034185 STEELE, CLINT 38856307 5/20/2022 REFUND - CHANGED MIND 132.00 132.00 Page:9
6-21-22 / 4C(2)-11 apChkLst Final Check List Page: 10 06/16/2022 8:34:49AM SAN CLEMENTE Bank : citv BANK OF THE WEST (Continued) Check# Date Vendor Invoice Inv Date Descriotion Amount Paid Check Total 581543 6/17/2022 025058 STOTZ EQUIPMENT P79224 5/20/2022 CABLE 171 .82 171.82 581544 6/17/2022 032032 SUNSTATE EQUIPMENT CO Ll10630048-002 5/3/2022 CLOCK TOWER AND PIER CC 2,956.84 2,956.84 581545 6/17/2022 028921 THE ECOHERO SHOW LLC 2051 5/31/2022 EDU OUTREACH AT LOCALS 825.00 825.00 581546 6/17/2022 029078 THOMAS, NICOLE 38555978 5/12/2022 REFUND - SCHEDULE CONFL 322.00 322.00 581547 6/17/2022 033793 THOMCO CONSTRUCTION IN·PP5 6/8/2022 PN 12563 - CITY HALL COUNC 159,784.19 159,784.19 581548 6/17/2022 003436 TONY'S LOCKSMITH 42987 5/10/2022 MASTER LOCKS 2,370.50 42989 5/11/2022 KEYS 118.23
05122225 5/13/2022 PADLOCKS 3,060.75 5,549.48
581549 6/17/2022 021465 TRAFFIC MANAGEMENT PRO 857224 4/30/2022 SIGNS 191 .58 862221 5/13/2022 TRAFFIC CONES 2,693.50 2,885.08
581550 6/17/2022 030352 TREA CALLE DEL CERRO LLCRef002512232 5/31/2022 UB Refund Cst #097649 26.71 Ref002512233 5/31/2022 UB Refund Cst #097809 9.25 Ref002512234 5/31/2022 UB Refund Cst #097840 9.25 Ref002512235 5/31/2022 UB Refund Cst #097869 50.73 95.94 581551 6/17/2022 003567 TRENCH SHORING CO, INC Rl20196676 5/24/2022 RENTAL 474.00 474.00 581552 6/17/2022 000976 TURBO DATA, INC 37593 5/31/2022 CITATION PROCESSING FY 2· 1,446.50 37594 5/31/2022 ADMIN CITATION PROCESSII' 91.40 1,537.90 581553 6/17/2022 007027 TURF STAR, INC 7226889-01 5/20/2022 IRRIGATION PARTS 71.29 7227059-00 5/17/2022 IRRIGATION PARTS 388.18
7227450-00 5/18/2022 IRRIGATION PARTS 115.90 575.37
581554 6/17/2022 022435 ULINE, INC. 149679731 6/2/2022 AQUATICS CENTER ALLEY FE 612.62 149131432 5/18/2022 RECYCLING CONTAINERS 1,031.37 1,643.99 581555 6/17/2022 001088 UNDERGROUND SERVICE ALl520220598 6/1/2022 UNDERGROUND SERVICE FC 165.10 DSB20211448 6/1/2022 UNDERGROUND SERVICE FC 74.38 239.48 581556 6/17/2022 029845 UNITED BLDG & DEVELPMT S938 5/15/2022 B. BALL BACKBOARD REPAIR 185.00 940 5/15/2022 PALAPA REPAIR 1,533.00
949 5/19/2022 BRIDGE RAILING REPAIR 1,812.00 3,530.00
581557 6/17/2022 001680 UNITED RENTALS NORTH AM 203771220-003 4/28/2022 DIESEL FOR UTV RENTAL 16.42 16.42 581558 6/17/2022 013109 VERIZON 9907358504 5/25/2022 CITYWIDE CELLULAR SERVI( 1,189.70 9907358503 5/25/2022 CITYWIDE CELLULAR SERVI< 7,333.56 8,523.26 581559 6/17/2022 020106 WASTE MANAGEMENT 0053062-2510-2 6/1/2022 CUST #8-22128-45006 481.90 481 .90 581560 6/17/2022 003356 WATERLINE TECHNOLOGIES,5575637 4/12/2022 HYPOCHLORITE SOLUTIONS 549-.69 5575633 4/12/2022 HYPOCHLORITE SOLUTIONS 2,140.88 2,690.57 581561 6/17/2022 030571 WEST COAST CODE CONSUL222-05-458-01 6/8/2022 WEST COAST CONSULTANT~ 18,523.62· 18,523.62 Page: 10
6-21-22 / 4C(2)-12 apChkLst 06/16/2022 8:34:49AM Final Check List SAN CLEMENTE Bank : citv BANK OF THE WEST (Continued) Check# Date Vendor Invoice Inv Date
581562 6/17/2022 003389 WHITE CAP CONSTRUCTION 50017868923 2/1/2022 10015738168 2/28/2022 10015843947 3/22/2022
10015766407 3/4/2022
581563 6/17/2022 034182 WILLIAMS, KRISTA 38856838 5/20/2022 581564 6/17/2022 034233 WILSON, WILLIAM Ref002512240 5/31/2022 581565 6/17/2022 033248 WRIGHT, ERIKA 38712766 5/16/2022 38714579 5/16/2022
38714252 5/16/2022
38712854 5/16/2022
581566 ·6/17/2022 011451 XYLEM DEWATERING SOLUTl400931192BAL 7/10/2019 581567 6/17/2022 027059 ZAPP PEST MANAGEMENT 17124 5/27/2022 17194 5/27/2022
17227 5/31/2022
17125 5/31/2022 17213 5/31/2022 17123 5/31/2022 17190 5/25/2022 17122 5/31/2022 17119 5/31/2022 17121 5/31/2022
17120 5/31/2022
17198 5/31/2022
581568 6/17/2022 034235 ZHAO, MIN Ref002512242 5/31/2022 Descriotion Amount Paid
SAND BAGS 924.50
POLY BAGS 167.73
CONSTRUCTION SUPPLY 280.33
CONSTRUCTION SUPPLY 426.78
REFUND - SCHEDULE CONFL 266.00
UB Refund Cst #101835 4.36
CAMP REFUND - SCHEDULE 229.00
CAMP REFUND - SCHEDULE 194.00
CAMP REFUND - SCHEDULE 194.00 CAMP REFUND - SCHEDULE 454.00 PIPING RENTAL FOR REPAIR: 586.81
PEST CONTROL SERVICE 105.00
PEST CONTROL SERVICE 130.00
PEST CONTROL SERVICE 125.00
ZAPP - PEST CTRL PIER & M~ 235.00
ZAPP - PEST CTRL PIER & M~ 125.00
ZAPP - PEST CTRL CITY FACI 65.00
PEST CONTROL SERVICE 140.00
ZAPP - PEST CTRL CITY FACI 75.00
ZAPP - PEST CTRL CITY FACI 60.00
ZAPP - PEST CTRL CITY FACI 65.00
ZAPP - PEST CTRL CITY FACI 60.00
ZAPP - PEST CTRL CITY FACI 75.00
UB Refund Cst #103674 62.88
Sub total for BANK OF THE WEST:

Page: 11
Check Total
1,799.34
266.00

4.36 1,071 .00
586.81
1,260.00

62.88 1,067,982.16
Page: 11
6-21-22 / 4C(2)-13 apChklst 06/16/2022 8:34:49AM
198 checks in this report.

Final Check List

SAN CLEMENTE
Page: 12
Grand Total All Checks: 1,067,982.16
Page: 12
6-21-22 / 4C(2)-14 BBK Warrant
Listing Detail
Warrant Listing Detailed Description
R
etainer for Legal Services Fixed Rate Retainer Fee for General, Departmental and Non-Departmental Legal Services. In c
o
n
n
ection
with the following matters: 01100, 01110, 01120, 01200, 01300, 01400, 1410, 01420, 01421, 01500, Liti/Admin Hearing General Litigation / Admin Hearings (Special)- general litigation matters (as defined under Bro wn Act)
without specific case matters
Real Estate Real Estate/ Non-Routine Land Acqui
sition/Disposal (Special)
Employee Benefits Employee Benefits (Special)
Lab
or and Employment
Labor and Emplo
yment (Spe
cial)
CEQA CEQA/Enviro
nmental (Special)
US
Navy Cerla-Gen Liab US Navy Cercla- General Liability- Work in conne ction
with Navy counsel not rel
ated to in
s
ura
nce
Pi
co Canyon Restoration Pico Canyon Restor
ation
and Conservation
L
a
bor/Employment CASA CASA Labor and Emplo
yment Matters
Land Use Non-Routine Land
U
se (Special)
Department:

Prepared By:

Subject:

AGENDA REPORT

SAN CLEMENTE CITY COUNCIL MEETING
Meeting Date: June 21, 2022
Public Works / Engineering Division
Belgin Cuhadaroglu, Associate Civil Engineer
Agenda Item
Approvals:

City Manager
Dept. Head
Attorney
4D
f)J )p
::rr---
CJ
Finance;za/
REJECT BIDS FOR THE CITYWIDE CATCH BASINS REHABILITATION, PROJECT No. 21001.

Fiscal Impact: None, if bids are rejected.

Summary:

Discussion:

Recommended
Staff recommends rejecting all bids for the Citywide Catch Basins Rehabilitation project as further discussed below.

Catch basins are vital components of the storm drain systems throughout the City.

Some of these catch basins are in need of repair to improve their useful life and prevent flooding. A bid package for the project was prepared and advertised for competitive bidding on the PlanetBids website. Two bids were received on May 12, 2022, ranging from $288,825 to $307,874, as shown on Attachment 1.

Therefore, the bids are significantly higher than the current project budget of $188,000, and available funding in the Storm Drain Depreciation Reserve Fund is limited. Staff recommends rejecting the bids and re-bidding the project with a reduced scope. Section 21066 of the Public Contract Code gives the City Council the discretion to reject any bids and re-advertise the project.

Action: STAFF RECOMMENDS THAT the City Council:

1. Reject all submitted bids for the Citywide Catch Basins Rehabilitation, Project No. 21001, pursuant to Section 20166 of the Public Contract Code; and

2. Authorize staff to revise the bid package and re-bid the project.

Attachments: 1. Bidder's Listing
Notification: Project bidders.
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Bid Results for Citywide Catch Basins Rehabilitation Project (PN 21001) Issued on 04/14/2022
Bid Due on May 12, 2022 2:00 PM (PDT)
Contractor Name Address City State
Gentry General PO Box 322 Rancho Cucamonga CA
Enaineerina
Wright Construction 2625 S Santa Fe Ave San Marcos CA
Enaineerina Coro
ATTACHMENT 1
Zip Coe Bid Amount Format
91729 $288,825.00 Electronic
92069 $307,874.50 Electronic
Department:

Prepared By:

Subject:

AGENDA REPORT

SAN CLEMENTE CITY COUNCIL MEETING
Meeting Date: June 21, 2022
Public Works / Engineering
Zak Ponsen, Acting Deputy Public Works Director.'.3{
Agenda Item 4 G
Approvals:

City Manager &!iJ Ip
Dept. Head N~
Attorney C :J:

Financ~----J2.l-.
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APPROVE FINAL PARCEL MAP 2021-188, ARTIS MEMORY CARE FACILITY PARCEL MAP AT 2401 CALLE FRONTERA.

Fiscal Impact: None.

Summary: The Tentative Parcel Map 19-021 was originally approved by the City Council on March 17, 2020. The Community Development Director subsequently approved a Time Extension on March 21, 2022. Pacific Coast Church of San Clemente, a California Non-Profit Corporation, who is the Subdivider of Final Parcel Map 2021- 188, has submitted the Final Parcel Map for City Council approval. Staff is recommending approval of the Final Parcel Map.

Discussion: Final Parcel Map 2021-188 involves the subdivision of one 5.599 acre property into two separate properties. The Subdivider has satisfied all Conditions of Approval that are required prior to Final Parcel Map approval. The Conditions of Approval for the subdivider to dedicate water rights and easements for storm drain purposes, public access purposes, and emergency access purposes have been addressed and are offered for dedication on the Final Map. The City's acceptance of the easements for storm drain purposes and pedestrian access purposes, shall be finalized once construction is deemed completed and a Certificate of Acceptance is filed with the County Recorder's Office. The Recommended Actions items below include an approval for the City Engineer to execute and submit for recordation a Certificate of Acceptance on behalf of the City of San Clemente once the subject improvements have been deemed complete by the City Engineer.

Pursuant to the provisions of the Subdivision Map Act and the City Municipal Code Chapter 16, Final Parcel Maps require City Council action for approval, denial, or modifications. Per Subdivision Map Act Section 66474.1, a legislative body shall not deny approval of a Final Parcel Map if it has previously approved a Tentative Parcel Map for the proposed subdivision and it finds that the Final Parcel Map is in substantial compliance with the previously approved Tentative Parcel Map. Additionally, City acceptance of water rights and easements are also subject to City Council action.

Staff has confirmed that the proposed Final Parcel Map is in conformance with the approved Tentative Parcel Map.

Engineering Agenda Report
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Agenda Report Page 2
Recommended (
Action: STAFF RECOMMENDS THAT the City Council:

1. Accept on behalf of the City of San Clemente the water rights as dedicated;

2. Accept on behalf of the City of San Clemente the storm drain easement subject to the improvements being deemed complete as determined by the City Engineer;

3. Accept on behalf of the City of San Clemente the public access and sidewalk easement as subject to the improvements being deemed complete as determined by the City Engineer;

4. Accept on behalf of the City of San Clemente the emergency access easements as dedicated;

5. Approve the Final Parcel Map 2021-188 as it conforms to the requirements set forth in the Subdivision Map Act and the previously approved Tentative Parcel Map;

6. Authorize the Public Works Director/ City Engineer to sign the Final Parcel Map;

7. Authorize the City Clerk to sign and submit the Final Parcel Map for recordation with the County of Orange Recorder's Office;

8. Authorize the Public Works Director / City Engineer to sign a Certificate of Acceptance for the storm drain and pedestrian access sidewalk improvements; and

9. Authorize the City Clerk to sign and submit the Certificate of Acceptance for recordation with the County of Orange Recorder's Office.

Attachments: Location Map
Notification: None.
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Department:

Prepared By:

Subject:

AGENDA REPORT

SAN CLEMENTE CITY COUNCIL MEETING
Meeting Date: June 21, 2022
Public Works
Kiel Koger, Public Works Director/City Engineer
Agenda Item
Approvals:
4r
City Manager t,~ ti<
Dept. Head /4~ ~-- - Attorney c;:r
Finance .JR

APPROVAL OF PROFESSIONAL SERVICES AGREEMENT FOR EMERGENCY MANAGEMENT

SERVICES WITH JACOB GREEN AND ASSOCIATES
Fiscal Impact: Yes. Contract funding in the amount of $90,000 is included in the Fiscal Year 2022- 23 budget.

Summary: Staff is requesting approval for a one-year agreement with Jacob Green and Associates to provide emergency management services.

Background: The City is allocated an annual amount of $143,830 for FY 2022-23 through the Memorandum of Understanding with Southern California Edison (SCE) for emergency management services with activities related to the San Onofre Nuclear Generating Station. This amount equates to 66% of the baseline budget of $217,924 which was allocated initially. The annual amount will be consistent until July 1, 2029 when it will be decreased to $54,481.

Public Works previously had an emergency planner who performed these duties. With a decrease in funding from SCE going forward, Staff decided it would be better to outsource this work to a consultant who specializes in this field. Several cities in South Orange County are currently using Jacob Green and Associates for these services or have a full-time employee on staff.

In accordance with Purchasing Policy 201-2-3, City Council can elect to exempt the selection of a general service consultant from a selection process if:

1. "The proposed general services provider has unique familiarity with the project, subject area, or possesses other attributes that make the general service provider uniquely qualified to provide the services."

2. "The project is of a critical nature and, due to time constraints, compliance with the policy would jeopardize timely completion"

3. Subject to applicable laws and funding restrictions, any other reason the City Council deems is in the City's best interest.

Due to the nature of this service, the Emergency Planner position is critical and has been vacant for some time. Staff recommends Jacob Green and Associates as the consultant has unique project fami liarity having previously worked for the City.

Furthermore, City Council has the discretion to deem the project in the City's best interest and recommend exemption from the consultant selection policy. Based on this Public Works Agenda Report
6-21-22 I 4F-1
Agenda Report
Recommended

information, Staff is requesting City Council's authorization to proceed with the contract.

The scope of services will include providing emergency management services such as:

1. Manage and coordinate city program activities for disaster preparedness and emergency operations, related training, exercises, drills, event coordination, and budget analysis.

2. Manage and implement related City volunteer programs such as the Community Emergency Response Team (CERT) and Radio Amateur Civil Emergency Service (RACES).

3. Maintain the City's Emergency Operations Plan and other related plans.

4. Coordinate with City departments to ensure disaster preparedness, planning, response, and recovery.

5. Maintains readiness of the Emergency Operations Center (EOC); coordinates and provides mandated training to designated staff; works with local, Federal/State agencies to satisfy training requirements.

6. Monitors, evaluates, and reports on State/Federal legislation, requirements; applies for and manages emergency management grants including SCE/SONGS and funding programs; coordinates and manages submittals for disaster recovery claims for relief and reimbursement with Federal and State agencies in compliance with applicable laws and regulations.

The previous agreement for emergency management services was for a six-month trial period from January 1, 2022 to June 30, 2022 and Jacob Green and Associates did a very good job during that period, completing all tasks on time and within budget.

Emergency Management and Preparedness Services is listed in the Safety Element of the City's General Plan with a goal to be a safe, disaster-resilient community that is prepared through effective community outreach, proactive monitoring, and efficient emergency services, response, recovery and mitigation.

Action: STAFF RECOMMENDS THAT the City Council approve and authorize the Public Works Director/City Engineer to execute Agreement No. _ _ , by and between the City of San Clemente and Jacob Green and Associates, in an amount not to exceed $90,000 for a one-year agreement from July 1, 2022 to June 30, 2023.

Attachments: Agreement
Notification: None.
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CITY OF SAN CLEMENTE

PROFESSIONAL CONSULTANT SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into this 1st day of July, 2022, 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 Jacob Green and Associates, an S Corporation, with its principal place of business at 13217 Jamboree Road #248, Tustin, CA 92782 ("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 prov1s1on of certain professional emergency management 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 emergency management consulting services to public clients, is licensed in the State of California, if applicable, and is familiar with the plans of City.

2.2 Services.

City desires to engage Consultant to render such professional emergency management consulting services for the City of San Clemente to include three objectives: 1) Program Support and Administration, 2) Training and Exercise Program, and 3) Community Engagement/CERT Program Administration and Support ("Services") as set forth in Exhibit A of this Agreement. All services shall be per the Proposal included in Exhibit A, unless otherwise approved by the Public Works Director or designee in advance.

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 emergency management consulting services necessary for the work ("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 July 1, 2022 to June 30, 2023, 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.

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3.2 Responsibilities of Consultant.

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

Consultant retains the right to perform similar or different services for others during the term of 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 al l times be under Consultant's exclusive direction and control. 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 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.

3.2.2 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 "A" 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.

3.2.3 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.

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

3.2.5 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 Services or a threat to the safety of persons or property, shall be promptly removed from the work by the Consultant at the request of the City. The key personnel for performance of this Agreement are included in Exhibit "A".

3.2.6 City's Representative. The City hereby designates Kiel Koger, Public Works Director, 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 2 BBK: August 2018
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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.

3.2.7 Consultant's Representative. Consultant hereby designates Jacob Green, President and CEO, 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.

3.2.8 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.

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

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

3.2.10 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.

3.2.11 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 3 BBK: August 2018
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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.

3.2.12 Insurance. Consultant agrees to procure and maintain, at Consultant's expense all insurance specified in Exhibit "B" 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 "A" attached hereto and incorporated herein by reference. The total compensation shall not exceed $7,500 per month over 12 months ($90,000 total contract) without written approval of the City Manager as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

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

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

3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "A" 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 Services, 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 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 4 BBK: August 2018
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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. Since the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and Since the total compensation is $1 ,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

3.3.6.2 Registration. If the Services are being performed as part of an applicable "public works" or "maintenance" project, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771 .1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations ("DIR"). Consultant shall maintain registration for the duration of the project and require the same of any subconsultants. This project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant's sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code sections 1725.5 and 1771.1 shall not apply to Services performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code sections 1725.5 and 1771.1 .

3.4 Accounting Records.

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

3.5 General Provisions.

3.5.1 Termination of Agreement.

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 5 BBK: August 2018
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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: Jacob Green and Associates
13217 Jamboree Road #248
Tustin, CA 92782
City:

ATTN: Jacob Green, President and CEO
City of San Clemente
910 Calle Negocio
San Clemente, CA 92673
ATTN: Kiel Koger, Public Works Director
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.5.3 Ownership of Materials and Confidentiality.

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

Consultant makes no such representation and warranty in regard to Documents & Data which 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 6 BBK: August 2018
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become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

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

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

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

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

3.5.6 Indemnification.

3.5.6.1 To the fullest extent permitted by law, Consultant shall defend (with counsel of City's choosing), indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant's Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney's fees and other related costs and 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. 7 BBK: August 2018
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3.5.7 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.

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

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

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

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

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

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

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

3.5.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any 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 8 BBK: August 2018
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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's Minority Business Enterprise program, Affirmative Action Plan or other related programs or 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. This Agreement may be signed in counterparts, each of which shall constitute an original.
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3.6 Subcontracting.

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

CITY OF SAN CLEMENTE
By:

Erik Sund, City Manager
ATTEST:

By:

City Clerk
APPROVED AS TO FORM:

By:

Best Best & Krieger LLP
City Attorney
55452.01 100\31 193624.5

JACOB GREEN AND ASSOCIATES
By:

Jacob Green, President and CEO
10 BBK: August 2018
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(
EXHIBIT "A"

SCOPE OF SERVICES
SEE ATTACHED SCOPE OF WORK FROM JACOB GREEN AND ASSOCIATES. 1 BBK: August 2018
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EXHIBIT "B"

INSURANCE REQUIREMENTS

3.2.11 Insurance. [CITY RISK MANAGER TO REVIEW PRIOR TO EACH USE]

3.2.11.1 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.

3.2.11.2 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. 55452.011001311 93624.5
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Department:

Prepared By:

AGENDA REPORT

SAN CLEMENTE CITY COUNCIL MEETING
Meeting Date: June 21, 2022
Public Works
Kiel Koger, Public Works Director/City Engineer
Agenda Item 4G
Approvals:

City
Dept.

Manage
Head
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Attorney c:!
Finance ,_
Subject: APPROVAL OF MAINTENANCE SERVICES AGREEMENT FOR PRESSURE WASHING SERVICES

IN THE DOWNTOWN AREA WITH POWERCLEAN
Fiscal Impact: Yes. Contract funding in the amount of $64,620 is included in the Fiscal Year 2022- 2023 budget.

Summary: Staff is requesting approval for a one-year agreement with Powerclean to provide pressure washing services in the downtown area.

Background: The City previously performed pressure washing services twice a year in the downtown area on El Camino Real from Palizada to Presidio on both sides of street from the business store fronts to the curb. This service was also performed on Del Mar from El Camino Real south continuing on Victoria and ending at Cazador. Staff determined last year that additional service was needed due to the amount of pedestrian traffic in these areas and recommended that the service be provided on a monthly basis. Staff previously received bids to increase these services from biannually to monthly. In October 2021, the City received three bids in accordance with Purchasing Policy 201-2-8. This policy ensures that the City will obtain the most qualified and competent maintenance services consultant at a reasonable cost consistent with quality facilities and or services. Powerclean was the low bidder by roughly half of the next lowest bidder. The City entered into a seven-month trial period agreement and the contractor completed all tasks on time and within budget.

Recommended
Action: STAFF RECOMMENDS THAT the City Council approve and authorize the Public Works Director/City Engineer to execute Agreement No. __ , by and between the City of San Clemente and Powerclean, in an amount not to exceed $64,620 for a one-year agreement from July 1, 2022 to June 30, 2023.

Attachments: Agreement
Notification: None.
s:\cdlengineering\secureladmin\2022\6-21 \4rldowntown pressure washing.docx Public Works Agenda Report 6-21-22 / 4G-1

CITY OF SAN CLEMENTE

AGREEMENT FOR MAINTENANCE SERVICES

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, located at 91 0 Calle Negocio, San Clemente 92673 ("City") and Powerclean, a sole proprietorship with its principal place of business at 1742 Green Canyon Road, Fallbrook, CA 92028 ("Contractor"). City and Contractor are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. RECITALS.

2.1 Contractor.

Contractor desires to perform and assume responsibility for the provIsIon of certain pressure washing maintenance services required by the City on the terms and conditions set forth in this Agreement which are hereby incorporated as though fully set forth herein. The contract documents for the aforesaid project shall consist of the Notice Inviting Sealed Bids, Instructions to Bidders, Bid, together with this Agreement and all required bonds, insurance certificates, permits, notices, and affidavits; and also including any and all addenda or supplemental agreements clarifying, or extending the work contemplgted as may be required to ensure its completion in an acceptable manner. Contractor represents that it is experienced in providing pressure washing maintenance services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the Services in the State of California, and that it is familiar with the plans of City.

2.2 Project.

City desires to engage Contractor to render such pressure washing services in the downtown area on El Camino Real from Palizada to Presidio (both sides of street from business store front to curb and on Avenida Del Mar from El Camino Real south continuing on Victoria and ending at Cazador (both sides of street from business store front to curb) as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Contractor 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 pressure washing maintenance 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 July 1, 2022 to June 30, 2023, unless earlier terminated as provided herein. Contractor shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. 1 55452.01100\31090125.5 6-21-22 I 4G-2

3.2 Responsibilities of Contractor.

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

Contractor 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 Contractor shall also not be employees of City and shall at all times be under Contractor's exclusive direction and control. Neither City, nor any of its officials, officers, directors, employees or agents shall have control over the conduct of Contractor or any of Contractor's officers, employees or agents, except as set forth in this Agreement. Contractor 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. Contractor shall be 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.

3.2.2 Schedule of Services. Contractor 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. Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Contractor's conformance with the Schedule, City shall respond to Contractor's submittals in a timely manner. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.

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

3.2.4 City's Representative. The City hereby designates Randy Little, Public Works Maintenance Manager, 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 Contractor but not the authority to enlarge the Scope of Work or change the total compensation due to Contractor under this Agreement. The City's 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 Contractor's total compensation, subject to the provisions contained in Section 3.3 of this Agreement. Contractor shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee.

3.2.5 Contractor's Representative. Contractor hereby designates Dave Ausmus, Owner, or his or her designee, to act as its representative for the performance of this Agreement ("Contractor's Representative"). Contractor's Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. The Contractor's Representative shall supervise and direct the Services, using his 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.

3.2.6 Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City's staff, Contractors and other staff at all reasonable times.
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3.2.7 Standard of Care; Performance of Employees. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by contractors and/or professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the discipline necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them.

Finally, Contractor represents that it, its employees and subcontractors 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, Contractor 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 Contractor's failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub-contractors 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 Contractor and shall not be re-employed to perform any of the Services or to work on the Project.

3.2.8 Laws and Regulations. Contractor 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. Contractor shall be liable for all violations of such laws and regulations in connection with Services. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations, Contractor shall be solely responsible for all costs arising therefrom. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents 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.

3.2.9 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor 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 as 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 subcontractors, 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.

3.2.10 Labor

3.2.10.1 Prevailing Wages. Contractor 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. Since the Services are being performed as part of an applicable "public 3 55452.01100131090125.5
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works" or "maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor 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 Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

3.2.10.2 Registration. Since the Services are being performed as part of an applicable "public works" or "maintenance" project, then pursuant to Labor Code sections 1725.5 and 1771. 1, effective March 1, 2015, Contractor and all subcontractors must be registered with the Department of Industrial Relations ("DIR"). Contractor shall maintain registration for the duration of the project and require the same of any subcontractors. This project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Contractor'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 work performed on a maintenance project that is exempt pursuant to the small project exemption specified in Labor Code sections 1725.5 and 1771.1.

3.2.1 1 Insurance. Contractor agrees to procure and maintain, at Contractor's expense all insurance specified in Exhibit "C" attached hereto and by this reference incorporated herein. Contractor shall require all subcontractors to carry the same policies and limits of insurance that the Contractor is required to maintain, unless otherwise approved in writing by the City.

3.2.12 Bonds. - Not Applicable

3.2.12.1 Performance Bond. If specifically requested by City in Exhibit "D" attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Performance Bond in the amount of the total, not-toexceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.

3.2.12.2 Payment Bond. If required by law or otherwise specifically requested by City in Exhibit "D" attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Payment Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.

3.2.12.3 Bond Provisions. Should, in City's sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond. at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance 4 55452.01100131090125.5
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with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Agreement for cause.

3.2.12.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California-admitted surety and satisfactory to the City. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.

3.2.13 Water Quality Management and Compliance.

3.2.13.1 Storm Water Management. Storm, surface, nuisance, or other waters may be encountered at various times during the Services. Contractor hereby acknowledges that it has investigated the risk arising from such waters, has prepared its Bid accordingly, and assumes any and all risks and liabilities arising therefrom.

3.2.13.2 Compliance with Water Quality Laws, Ordinances and Regulations. Contractor shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City's ordinances regulating discharges of storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.); the California Porter-Cologne Water Quality Control Act (Water Code§ 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. These include, but are not limited to San Diego Regional Water Quality Control Board Order No. R9-2013-0001 as amended by Order Nos. R9-2015-0001 and R9-2015-0100. Contractor shall additionally comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regarding discharges of storm water to separate storm drain systems or other watercourses, including applicable requirements in municipal storm water management programs.

3.2.13.3 Compliance with Local Water Quality Requirements. In addition to compliance with the laws, ordinances and regulations listed in paragraph 3.2.13.2, Contractor shall comply with all applicable requirements of the Orange County Drainage Area Management Plan ("DAMP"), the City of San Clemente Water Quality Improvement Plan ("WQIP"), the City of San Clemente Jurisdictional Urban Runoff Management Plan ("JURMP"), and the applicable Water Quality Management Plan ("WQMP"). These documents contain Model Maintenance Procedures with Best Management Practices ("BMPs"). These Model Maintenance Procedures contain pollution prevention and source control techniques to minimize the impact of those activities upon dry-weather urban runoff, stormwater runoff, and receiving water quality.

Contractor shall be familiar with these documents and shall comply with the requirements as specified therein.

A copy of the DAMP is available on the internet at:
www.ocwatersheds.com
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A copy of the San Clemente WQIP and JURMP are available on the internet at:
www.sccleanocean.org.

The City will provide a copy of any applicable project WQMP.

3.2.13.4 Standard of Care. Contractor warrants that al l employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations and policies described in Sections 3.2.13.2 and 3.2.13.3 of this Agreement. Contractor further warrants that it, its employees and subcontractors will receive adequate training, as determined by the City, regarding the requirements of the laws, regulations and policies described in Sections 3.2.13.2 and 3.2.13.3 of this Agreement as they may relate to the Services.

3.2.13.5 Liability for Non-compliance.
(A) Indemnity: Failure to comply with laws, regulations, and ordinances listed in Sections 3.2.13.2 and 3.2.13.3 of this Agreement is a violation of federal and state law. Notwithstanding any other indemnity contained in this Agreement, Contractor agrees to indemnify and hold harmless the City, its officials, officers, agents, employees and authorized volunteers from and against any and all claims, demands, losses or liabilities of any kind or nature which the City, its officials, officers, agents, employees and authorized volunteers may sustain or incur for noncompliance with the laws, regulations, and ordinances listed in Sections 3.2.13.2 and

3.2.13.3 of this Agreement arising out of or in connection with the Services, except for liability resulting from the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers. (B) Defense: City reserves the right to defend any enforcement action or civil action brought against the City for Contractor's failure to comply with any applicable water quality law, regulation, or policy. Contractor hereby agrees to be bound by, and to reimburse the City for the costs associated with, any settlement reached between the City and the relevant enforcement entity.
(C) Damages: City may seek damages from Contractor for
delay in completing the Services caused by Contractor's failure to comply with the laws, regulations and policies described in Sections 3.2.13.2 and 3.2.13.3 of this Agreement, or any other relevant water quality law, regulation, or policy.

3.3 Fees and Payments.

3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "E" attached hereto and incorporated herein by reference. The total compensation shall not exceed Sixty-four thousand and six hundred and twenty DOLLARS ($64,620) without written approval of City Manager. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

3.3.2 Payment of Compensation. Contractor shall submit to City a monthly itemized invoice which indicates work completed and hours of Services rendered by Contractor.

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 6 55452.01 100\31090125.5
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and approved charges thereon. If the City disputes any of Contractor's fees, the City shall give written notice to Contractor within thirty (30) days of receipt of an invoice of any disputed fees set forth therein.

3.3.3 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City.

3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Contractor 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.

Contractor shall not perform, nor be compensated for, Extra Work without 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 "E" may be adjusted each year at the time of renewal as set forth in Exhibit "E."

3.4 Accounting Records.

3.4.1 Maintenance and Inspection. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Contractor 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. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of four (4) years from the date of final payment under this Agreement.

3.5 General Provisions.

3.5.1 Termination of Agreement.

3.5.1.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time, with or without cause, by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those services which have been adequately rendered to City, and Contractor 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 Contractor to provide all finished or unfinished Documents and Data and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor 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. 7 55452.01 100\31090125.5
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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:

Contractor:

City:

Powerclean
17 42 Green Canyon Road
Fallbrook, CA 92028
ATTN: Dave Ausmus, Owner
City of San Clemente
910 Calle Negocio
San Clemente, CA 92673
ATTN: Randy Little, Maintenance Manager
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 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.

3.5.4 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.

3.5.5 State License Board Notice. Contractors are required by law to be licensed and regulated by the Contractors' State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four (4) years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors' State License Board, P.O. Box 26000, Sacramento, California 95826.

3.5.6 Indemnification. To the fullest extent allowable by law, Contractor shall defend, indemnify and hold the City, its 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, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions, negligence or willful misconduct of Contractor, its officials, officers, employees, agents, consultants and contractors arising out of or in connection with the performance of the Services, the Project or this Agreement, including without limitation the payment of all consequential damages and attorney's fees and other related costs and expenses. Contractor shall defend, at Contractor's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, agents or volunteers.

Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. Contractor shall reimburse City and its officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor's obligation to indemnify shall 8 55452.01 100131090125.5
6-21-22 I 4G-9
not be restricted to insurance proceeds, if any, received by the City, its officials, officers, employees, agents or volunteers.

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 Contractors. City reserves right to employ other contractors 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. Contractor 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 Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

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

3.5.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any 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.
9 55452.01100\31090125.5
6-21-22 I 4G-10

3.5.18 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor 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 Contractor, 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. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, 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. Contractor shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.

3.5.20 Labor Certification. By its signature hereunder, Contractor 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. Contractor 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. This Agreement may be signed in counterparts, each of which shall constitute an original.

3.6 Subcontracting.

3.6.1 Prior Approval Required. Contractor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
[SIGNATURES ON FOLLOWING PAGE]
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed on the respective dates set forth opposite of their signatures. 10 55452.01100131090125.5
6-21 -22 / 4G-11
ATTEST:

CITY CLERK of the City of
San Clemente, California
APPROVED AS TO FORM:

BEST BEST & KRIEGER
City Attorney

APPROVED AS TO AVAILABILITY
OF FUNDING:

Finance Authorization
55452.01100\31090125.5

CITY OF SAN CLEMENTE
By: _ ___________ _
Its:
-------- - ----
Dated: ________ , 20
("CONTRACTOR")
By: ___________ _
Its: - -----------
Dated: ______ __ , 20 __
11 6-21-22 I 4G-1 2
EXHIBIT "A"

SCOPE OF MAINTENANCE SERVICES
Pressure washing services on a monthly basis in the downtown area on El Camino Real from Palizada to Presidio on both sides of street from the business store fronts to the curb. This service is also required on Del Mar from El Camino Real south continuing on Victoria and ending at Cazador on both sides of street from the business store fronts to the curb.
55452.01100\31090125.5
6-21-22 I 4G-13
EXHIBIT "B"

SCHEDULE OF MAINTENANCE SERVICES
Perform services listed in Exhibit "A" on a monthly basis. All work shall be performed Monday through Friday from 6am to 1 Oam. No exceptions. 55452.01100131090125.5
6-21-22 I 4G-14

1.1 EXHIBIT "C"

INSURANCE REQUIREMENTS
Insurance. [CITY RISK MANAGER TO REVIEW PRIOR TO EACH USE]

1.1.1 Time for Compliance. Contractor 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, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section.

1.1.2 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 Contractor, 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, Contractor 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 not 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. [***NOTE:

If Contractor does not own any company vehicles or may not be able to purchase a Business Automobile Insurance Policy, the requirement may be satisfied by providing either of the fol lowing: ( 1) a Personal Automobile Liability policy for the Contractor's own vehicle stipulating "Automobile Liability Insurance with a limit of not less than $1,000,000 each accident"; and (2) a non-owned auto endorsement to the Commercial General Liability policy if Contractor uses vehicles of others (e.g., vehicles of employees). ALWAYS DELETE THIS SECTION IF NOT USED***]
(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. [OPTIONAL: include the following provision if there is a pollution liability exposure; otherwise, always delete.]
(D) Contractors Pollution Liability: Contractors Pollution Liability Insurance covering all of the contractor's operations to include onsite and offsite coverage for bodily injury (including death and mental anguish), property damage, defense costs and cleanup costs with minimum limits of $2,000,000 per loss and $4,000,000 total all losses. The 55452.01100\31090125.5
6-21-22 I 4G-1 5
policy shall contain no endorsements or provisions limiting contractual liability or coverage for cross liability of claims or suits by one insured against another.

1. 1.3 Endorsements. Required insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
(A) Commercial General Liability [INSERT "and Contractor's Pollution Liability"; OTHERWISE, ALWAYS DELETE):
(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. For all policies of Commercial General Liability insurance, Contractor shall provide endorsements in the form of I SO CG 20 10 10 01 (or endorsements providing the exact same coverage) to effectuate this requirement.

Additional Insured Endorsements shall not (1) be restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Contractor; or (4) contain any other exclusions contrary to the terms or purposes of this Agreement. (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. (C) Workers' Compensation:
(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.

1.1.4 Primary and Non-Contributing Insurance. All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.

1.1.5 Waiver of Subrogation. All required policies of Commercial General Liability and Automobile Liability insurance shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor 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 subcontractors.

1.1.6 Deductibles and Self-Insured Retentions. Any deductible or self-insured retention greater than $5,000 must be approved in writing by the City and shall protect the City, 55452.01100\31090125.5
6-21-22 I 4G-16
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.

1.1. 7 Evidence of Insurance. The Contractor, 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, Contractor 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.

1.1.8 Failure to Maintain Coverage. In the event any policy of insurance required under this Contract 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 Contractor or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Agreement.

1.1.9 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.

1.1.1 O Enforcement of Contract Provisions (non estoppel). Contractor acknowledges and agrees that actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposed no additional obligation on the City nor does it waive any rights hereunder.

1.1.11 Requirements Not Limiting. Requirement of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance.

1.1.12 Insurance for Subcontractors. Contractor shall include all subcontractors engaged in any work for Contractor relating to this Agreement as additional insureds under the Contractor's policies, or the Contractor shall be responsible for causing subcontractors 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 subcontractor's policies. All policies of Commercial General Liability insurance provided by Contractor's subcontractors 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. Contractor shall not allow any subcontractor to commence work until it has received satisfactory evidence of subcontractor's compliance with all insurance requirements 55452.011001310901 25.5
6-21-22 I 4G-17
under this Agreement, to the extent applicable. The Contractor shall provide satisfactory evidence of compliance with this section upon request of the City. 55452.01100\31090125.5 6-21-22 I 4G-18
(
EXHIBIT "D"
PERFORMANCE BON-9
KNO\N ALL PERSONS BY Tl=IESE PRESENTS:

TH AT lA'HERE As the City of San Clemente (hereinafter referred to as "City") has awarded to n n
11 ' , (hereinafter referred to as the
"Contractor") an agreement for
(hereinafter referred to as the "Project").
111,HERE/\S, the work to be performed by the Contractor is more parti~ularly set forth in the G~ntract Documents for the PrOject dated (here_mafter referred t? a~ "Contrast Doeuments"), the terms and conditions of whieh are expressly incorporated herein b~ referenee; and
VVHEREAS, the Contraetor is required by said Contrae_t Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents.

NOVV, THEREFORE, we,
the undersigned Contraetor and . h
I
f th
as surety a corporation organized and duly authorized to transact busIne~s un?er t ea•1,1s oe State of' California, are held and firmly bound unto the City In the sum of CENTS ($ ), said sum
::~g not less than one hundred percent (100%) of the total ~mount of the Contract,_ f?r which amount well and truly to be made, we bind ourselves, our heirs, exeeutors and adm1rnstratefS, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, ~hat, if ~he Contraetor, his or its _heirs, executors administrators successors or assigns, shall in all th1Ags stand to an? abide by, and ... 0 11 and truly keep and' perform the covenants, conditions and agre?ments In the Contract Documents and any alteration thereof made as therein provid_ed, on its part, to b~ kept an? erformed at the time and in the manner therein sp?cifi_ed, a_nd IA ?II r~spec:~ according to their intent and meaning· and shall faithfully fulfill all obligations 1Aclud1ng, 1f provided ~s. part of the Contract Documents, the one year guarantee of all materials and _workma~sh1p,_ and shall indemnify and save harmless the City, its officers and agents, as_ st,~ulated IA said Con~ra~ Documents, then this obligation shall beeome null and void; other1N1se It shall be and remain In full foroe and effect.

As a condition precedent to the satisfactory completion of the Contract Documents, unless ;~herwise provided for in the Contract Documents, the guaran_tee obl_igation_ sha!I hol_d good for a eriod of one (1) year after the acceptance of the ·.•,.iork by City, during which time if Contractor :hall fail to make full complete, and satisfactory repair and replacements and totally protect t~e City from loss or da~age resulting from or caused by defective materials or faulty workmans~1p the above obligation in penal sum thereof shall remain in full ~orc? and effect. ~o•,yever, anything in this paragraph to the contrary not\vithstanding, the obllgat1~ns of s_urety hern~nder s_h~II continue so long as any obligation of Contractor remains. Nothing herein shall 11~~~ the Cit~? rights or the Contractor or Surety's obligations _u_nder the Contra~t Documents, Ian or equity, including, but not limited to, California Code of C1v1I Procedure section 337.15. 55452.01100\31090125.5
6-21 -22 I 4G-19
,.J • s I s 8'-' U:ie City te 08-:--+A--default under the Centract l/1/hene"er Centractor shall 0e, anu 1sec arey , D t hall D~cum;nts, the Surety shall remesy the default pursuant te the Centract ecumen s, er s promptly, at the City's eptien:
(1) Take over and cemplete the Project in accersance with all terms ans censitiens in the Contract Documents; or
(2)
(3)
o8tain a 8id or biss for cempleting the Project in accors_anc_e with all ter~s and conditions in the Contract Documents ans upon determ1nat1on by Surety of the lo•"est responsive and responsible bidser, arrange for a contrast 0etween _s~ch bidvser the surety ans the City, and make avaibele as work progresses sufficient funds to pay the cost of sompletion of the Project, less the balans~ of the contract price inclusing other cests and samages for which Surety may be liable. The tor~ "bala~ce of the contract price" as uses in this paragraph shall mean the tota. amount payable to Contractor by the City unser the Contract ~ocuments and an~ mosification thereto, less any amount previeusly pais by the City to the Contractor and any other set offs pursuant to the Contract Documents; or la~ and make available as work progresses sufficient funss. to ~ay th~ cost of pletion of the ProjeGt:-less the balance of the centract price, 1nclusIng ether :::s and damages for ,;,,hich Surety may 00 lia0le. The term "balance of the contract price" as uses in this paragraph shall mean the total am_o_unt. paya0le to Contractor by the City unser the Contract Documents ans any mod1f1sat1on thereto, less any amount previously paid by the City to the Contraster and any other set offs pursuant to the Contract Documents.
p rmit the City to complete the Project in any manner consistent with California Surety expressly agrees that the City may reject any contractor or subcentractor \'Vhich may be proposed by Surety in fulfillment of its obligations in the event ef default by the Contractor. surety shall not utilize Centractor in completing the Pr0ject nor s_hall Surety acc~pt ~ b~d ;ro~ Contractor for completion of the Projest if the City, when ses!a_nng_ th~ Contras or I~ e¾lu , notifies Surety of the City's 08jection to Contractor's further partIcIpatIon In the semplet1on of the Project.

The Surety for value receives, hereby stipulates and agrees that no chang~, extension ~f timed alteratien 0~ asdition to the terms ef the Contract Do?uments or t? the PrOJect ~~.,0~,pe o_rme thereunder shall in any way affect its obligations on t~~s bond, and It sees hereby nai0e notIse :f ::ro st~~h p~~~n:i~ned~::s~~=vf !i~~se ~;~:=~~enn 2
9 ; 1~d:~:~~: ~ho~ ::~m~a~i~!~:i;~}';~a~~s=.~~7t::u~
lie,iliAg the Zregoi Ag, s usA chaAges, e><teAsioAs oflie,o a Ad alle"11I0As or add I:10A I
s :••II 1~~~:d:;
but are not limited to, changes or alterations to the Contrast Documents inc u _mg, nl . o Umttation an increase in the total dollar amount of the Contract Dosuments), extensions of time, or modifi~ations of the time, terms, or conditions of payment to the--Gontractor. 55452.01100\31090125.5
6-21 -22 I 4G-20
(
IN WITNESS VVHEREOF, we have hereunto set our hands and seals this , day -ef

CONTRACTOR/PRINCIPAL
(Corporate Seal of Contractor/
Principal, if a Corporation) Name of Contractor/Principal (Type or Print) Name (Signature)
Name (Type or Print)
Title (Type or Print)
SURETY
(Seal of Surety)
Name of Surety (Type or Print)
Attorney In Fact
Signatures of those signing for tho Contractor and Surety must be notarized and 0~1idonoo of corporate authority attached.

The rate of premium on this bond is
charges, $
(The above must be filled in by corporate attorney.)

THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety)
(Name and Address of Agent or
Representative for service of
process in California, if different
from above)
(Telephone number of Surety and
Agent or Representative for service
of process in California)
55452.01 100\31090125.5
per thousand. The total amount of premium
6-21-22 I 4G-21
NetaPJ Ackn8\4
:ledgment
~::~~:% ::i~:~!~Y€:~i:~t:t-=~t~~~ :=:

I A Aelacy ,,011, e, e!Re, efflse, ee".: 11e11,~, Isis ee"ll<sale truthfulness, accuracy, or validity of that document. I S+A+~ GF'. GAblF'.GRN-IA
GGI.Jt>J+¥ GF'.

Gn 2Q ' eefore me, , NetaPf Puelic, persoRal-1-y
appeared , whe preved te me en the basis ef satisfactory • rsen(s) •·•hese name(s) is/are subscrieed to the 1uithin instrument and ackno'~.«ledged t? ~v~d~::te ~:/~:e~:~e execut-0d the same in his/her/their authorized capac_ity(ies), and t~)t b; : 1s/her/t~e~ signature(s) on the instrument the person(s), er the entity upon behalf of which the person s ac e , execu e the instrument.
·f d p ~~JOb+¥ Qi;: PeRdblR¥ unaer tt:le la"'S of tt:le State af Galifomia that tt:le fare§aing paFagraph I certIryi u n er , , v, is true and correct.

V\ll+NE:i:SS my hanEI anEI official seal.

SigAaluFe of Nelary Public (
GP'.J=IGNAb
/:leu R !110 iRfermatieR eelew is Rel ref/tJiFee ey law, ii may wel'e-\'alua_ele le pe,cseRs re~}'iRfl ~R the eeeumeRI T fl aREl eeu/El fJUJ'leRI fra uEluleRI remOl'BI BREI reaUaehmeRI ef IRIS feFm to BRelhe, EleeumeRI.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT fl Individual
fl bGFJ')orate Officer
Title{sj Tille OF Type of DocuFAenl
fl Partner(s) fl 1:-i-mitea
General ~lumbeF of~ fl
fl Attorney In F'.act
fl Trustee(s) Dale of DocumeRI fl GuardiantGonservator
-8 0tAeF.

Si§ner is reprnsentinir
Name Gf PeFSOA(S) GF-€A~
SigAeF(S) G!11eF TliaR Names Aoove
NOH:: A copy of the Power of /\ttomey to local representatives of the bonaing company must be attached hereto.

END GF PERFORMANCE BGND FGRM
55452.01100\31090125.5 6-21-22 / 4G-22
P-A¥ME-N-+-BONKNOVV /\LL MEN BY THESE PRESENTS That
WHEREAS, the City of San Clemente (hereinafter designated as the "City"), by action taken or a resolution passed , 20 has awarded to " _ _ "
•1 ork
hereinafter designated as the Principal, a contract for the described as follows:
(the "Project"); and
1/\fHERE/\S the "'Ork to be performed by the Principal is more particularly set forth in the Contract Q• ri ' for ~he Project dated , (hereinafter referred to as "Contract - ocumen s · t ,.J 1-. • b · eference· Documents"), the terms and conditions of which are expressly Incorpora eu HereIny r , a-AG
WHEREAS, said Principal is required to furnish a_ bond in connection wit~ said ~ontrac:
o uments· pro"iding that if said Principal or any of its Subcontractors shall fail to pay for an~ m~~erials, provisions, provender, equipment, or other supplies used in, upon, for or abo~t _the performance of the ,.o,iork contracted to be done, or for any work or labor done thereon of_any kind, f r amounts due under the Unemployment Insurance Code or for any amounts required to be :~d~cted, withheld, and paid over to the Employment De\'.elopment Departme.~ 1 t from the wages
of employees of said Principal and its Subcontractors wit~ respect to such v.ork or labor, the Surety on this bond will pay for the same to the extent hereinafter set forth.

NOVV THEREFORE, we, the Principal and
as Surety are held and firmly bound unto the City in the penal sum of ' DOLLARS and
CENTS ($ ) lawful money of the United States of A~erica, for the payment of which sum well and truly to be made, we bind_ ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that if said ~rincipal, his or its subcontractors, heirs executors administrators successors or assigns, shall fail to pay any of the perso~s named • s
1 ction 91 oo 0of the Civil Code, fail to pay for any materials, provisions or other supplies, used !: u~on for or about the performance of the 'Nork contracted to be done, or for any _'Nork or labor ~h~reon 'of any kind, or amounts due under the Unemployment Insurance Code 1.vith _respect to ,.,ork or labor performed under the Contract Documents, or for any amounts require~ to be ;educted, withheld, and paid over to the Employment Development Department or Franchise ~ax Board from the wages of employees of the contractor and his subcontractors pursuant to Sec:1on 18663 of the Revenue and Taxation Code, with respe~t to such work ~nd la~~r the ?_urety or sureties will pay for the same, in an amount not exceeding the sum _herein abo.e spe?1~1~d, and also in case suit is brought upon this bond, all litigation expenses incurred by the _City I~ s~ch suit,' including reasonable attorneys' fees, court costs, expert witness fees and InvestIgatIon expenses.

This bond shall inure to the benefit of any of the persons name_d in Sect~on 9100 of the Ci•~il Code so as to give a right of action to such persons or their assigns In any SUit brought upon this bond.

It is further stipulated and agreed that the Surety on this bond shall not be exonerated or rele?~ed f the obligation of this bond by any change, extension of time for performance, add1t1on, ;1~:ation or modification in, to, or of any contract (including the Contract Documents), plans, 55452.01100\31090125.5
6-21-22 I 4G-23
s ecifications, or agreement pertaining or relating to an~ s?heme or W9fk---Bf iF:1provement _herein a:0 ,,e described, or pertaining or relating to the furrnshIng of labor, maten~ls, or equ!pment ther~fore, nor-by any change or modification of any terms of paymen~ or extension of th? time ~?r an, a 'ment pertaining or relating to any scheme or 1Nork of 1mprovem_ent herem abo"e de~c~b!d nor by any rescission or attempted rescission or attempted rescIssIon of t_he Con~ra~ Documents, agreement or bond, nor by any conditions ~recedent or subs~:uent IA the, on attempting to limit the right of recovery of claimants otheF\v1se entitled to reco.er under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than _th~ claimant seeking to recover on the bond and that this bond be construe_d m_ost strong Y agains the Surety and in favor of all persons for whose benefit such bond Is give~, and under no circumstances shall Surety be released from liability to those for 'Nhos_e benefit_ s_uch bond has been gi"en by reason of any breach of contract between the owner or City and original contractor or on th~ p~rt of any obligee named in such bond, but the sole conditions of recovery sh~II be th~~ claimant is a person described in Section 9100 of the Civil Gode, and has not been paid t~e fu mount of his claim and that Surety does hereby waive notice of any such change, extension of a . t' d time, addition, alteration or modification herein men Ione .

Notwithstanding any other provision of this bond, it is expressly. und?rst~~d, acknowle_dged and agreed that it shall provide all of the proteetions requ!red by G?liforn1a Gl',~I Gode Sections 9550 through 9566, including the specific coverage protections required by Section 9554.

IN \/\IITNESS 'JVHEREOF, two (2) identical eounterparts of this instrument, eac~ o~which shall fo~ all ~:rposes be deemed an original thereof, have been duly executed by the Principal and Suret~ 20 the name an above named, on the day of . , · b , ·t
corporate seal of each corporate party being hereto ?ff1xed an? these presents duly s1gnedy I s undersigned representative pursuant to authority of its goverrnng body.

CONTRACTOR/PRINCIPAL
(Corporate Seal of Contractor/
Principal, if a Corporation)
SURETY
(Seal of Surety)
55452.01100131090125.5
Name of Contractor/Principal (Type or Print)
Name (Signature)
Name (Type or Print)
Title (Type or Print)
Name of Surety (Type or Print)
Attorney In Fact
6-21-22 I 4G-24
Notary Ackno,.4,ledgment
I
A-fH:l-ta-~ualie--eF----etJ:ler officer completing this certificate I verifies only the_ iden~ity of _t~e i~v1dual \"!;1o!~n:t :~a oocument to which this cert1f1cate Is attaGAe-, a----t -e tfutA-MRess, accuracy, or validity of that document.

STATE OF C/\LIFORNIA

COUNTY OF
On
appeared
20 , beforn me, , Notary Public, personally
, who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the 1,vithin instrument and acknowledged to me that he/shetthey executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PE.NALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correGh
WITNESS my hand and official seal.

SigAature of ~lotary PubliG

OPTIONAL
Though the infurmatien below is net reffu.'red by-I-aw, it may pro•1e valuable to persons relyinf} on th~-e-nl and eou/d proven/ fraudu.1ent removal anfl reattaehment of this form to another dee11-menlcCAPACITY CLAIMED BY SIGNER .g Individual
.g Corporate Officer
.g Partner(s)
.g. Attorney In Fact
.g Trustee{s)
8 Guardian/Conservator
.gG#leF.-
Signer is representing:
~
fl- h-im+ted
g General
Name Of PeFsoAfs) Or Eniity(-ies-)

DESCRIPTION OF ATTACHED DOCUMENT
+itle-er-l=yf)e-ef-Q9G\lffieflt
Ntlmbet-ef..Pages
Qate of DocumeAt
S½}Ref(st--GU1er Tl1aA Named Above
NOTE: A copy of the Power of i\ttorney to local representatives of the bonding company must be attached hereto.

END OF PAYMENT BOND FORM
55452 01100\31090125.5
6-21 -22 I 4G-25
EXHIBIT "E"

COMPENSATION
Contractor shall previde a Performance Bond and PaymCR-t----Bena pursua~t. to ~ections 3:2.12: 1 and 3_2_12.2 of this Agreement, executed by a surety meeting the qualif1cat1ons described In Section 3.2.12.4.

In the event that this /\greement is renewed pursuant to Section 3.1 .2,_ the rates set forth abov:
may be increased or reduced each year at the time of renevval, but any Incre:se sh~II n~tAexcee the Consumer Price Index, /\II Urban Consumers, Los /\ngeles Long Beach , ,nahe1m, n 55452.01100\31090125.5
6-21-22 I 4G-26
EXHIBIT "F"

WORKER'S COMPENSATION INSURANCE CERTIFICATION

WORKERS' COMPENSATION DECLARATION
I hereby affirm under penalty of perjury one of the following declarations:
(ONE OF THE BOXES BELOW MUST BE CHECKED)
I
i
r
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 PENAL TIES 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.
55452.01100\31090125.5
6-21-22 I 4G-27
Dated: __________ , 20 __
Consultant
By:

Title
Address
55452.01100\31090125.5
6-21-22 I 4G-28
6-21-22 I 4H
ORDINANCE NO. 1731

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE AMENDING CHAPTER 13.12 SECTION 13.12.010-13.12.110 OF THE MUNICIPAL CODE ("WATER CONSERVATION ORDINANCE")
WHEREAS, California, including Orange County, experienced significant dry year conditions in 2012-2017, which led local water agencies to declare water shortage conditions that triggered drought actions; and
WHEREAS, the City of San Clemente ("City'') experienced a direct impact on the reliability of its water supplies, which were proactively increased though demand management measures that curtailed customer water use. These actions were specified in the adopted 2015 Urban Water Management Plan, Water Shortage Contingency Plan chapter, and were provided the legal authority for implementation and enforcement through the City's Water Conservation Ordinance; and WHEREAS, following the end of the drought in 2018, the California Legislature modified the Urban Water Management Planning Act to include additional water shortage planning requirements. The California Water Code, specifically Section 10632, has undergone significant updates that now mandate new elements to the previously required Urban Water Management and Water Shortage Contingency Plans, including an annual drought risk assessment, the equivalent of Six Standard Water Shortage Levels, and statewide water use prohibitions; and
WHEREAS, the Municipal Water District of Orange County (MWDOC) has adopted a 2020 Urban Water Management Plan that includes water conservation as a necessary and effective component of MWDOC's programs to provide a reliable supply of water to meet the needs of MWDOC's 28 member agencies, including the City of San Clemente.

MWDOC's Urban Water Management Plan also includes a chapter of analysis of contingency actions to be taken in response to water supply shortages. The intention of the City's Water Conservation Ordinance is to be consistent with its wholesaler MWDOC's Urban Water Management Plan and Water Shortage Contingency Plan; and WHEREAS, the imported water supplies to the City and to MWDOC are subject to the Water Shortage Allocations determined by the Metropolitan Water District of Southern California (Metropolitan). Subsequently, when triggered, MWDOC, as a wholesaler of Metropolitan's supplies, will be required to curtail deliveries of imported water based on MWDOC's Water Supply Allocation Plan, which is expected to be activated in the future when regional water supplies are in a state of shortage; and WHEREAS, both MWDOC and the City are required to prepare Annual Water Supply and Demand Assessment and Drought Risk Assessment Procedures as part of their 6-21-22 I 4H-1
Urban Water Management Plan for submission to the California Department of Water ( Resources. By July 1st of each year, beginning in 2022, MW DOC and the City are required to monitor and report on water supply status and any anticipated shortage, including but not limited to a drought emergency, in order to comply with the State's Water Code 10632.1 reporting requirements; and
WHEREAS, the City adopted a Water Shortage Contingency Plan in June 2021 to establish standards and procedures to enable implementation and enforcement of local water shortage contingency measures. This includes five water shortage levels listed in a crosswalk table relating them to the required Six Standard Water Shortage Levels.

These measures align with the State of California, Water Code Section 353, which specifies that "when the governing body has so determined and declared the existence of an emergency condition of water shortage within its service area, it shall thereupon adopt such regulations and restrictions on the delivery of water and the consumption within said area of water supplied for public use as will in the sound discretion of such governing body conserve the water supply for the greatest public benefit with particular regard to domestic use, sanitation, and fire protection." The State of California also authorizes the City of San Clemente to adopt and enforce a Water Conservation Program to mitigate demands in Water Code Section 375.

NOW, THEREFORE, the CITY COUNCIL of THE CITY OF SAN CLEMENTE hereby ordains as follows:

Section 1. That Chapter 13.12 of the Municipal Code, which may also be cited as the Water Conservation Ordinance, is hereby repealed in its entirety and replaced with the following Chapter 13.12 to read as follows:

Section 2. Declaration of Purpose and Intent
This ordinance establishes water management requirements necessary to conserve water, enable effective water supply planning, assure reasonable and beneficial use of water, prevent waste of water, prevent unreasonable use of water, prevent unreasonable methods of use of water within the City of San Clemente in order to assure adequate supplies of water to meet the needs of the public, and further the public health, safety, and welfare, recognizing that water is a scarce natural resource that requires careful management not only in times of drought, but at all times.

A. This ordinance establishes, as a measure to protect the reliability of water supplies and prevent future water shortages or emergencies, permanent prohibitions on water uses that are deemed to be wasteful.

B. This ordinance establishes regulations to be implemented during times of declared water shortages or declared water shortage emergencies.

C. This ordinance establishes five Water Shortage Levels with a crosswalk to the Six Standard Water Shortage Levels to provide defined response actions for implementation during periods of declared water shortage or declared water shortage emergency, with increasing restrictions on water use in response to 6-21 -22 I 4H-2
worsening drought or emergency conditions and decreasing supplies as defined within the City's most recently adopted Water Shortage Contingency Plan.

Section 3. Definitions

1. "Billing Cycle" shall mean the billing period in which a customer's water use is measured for purposes of calculating the amount of the water service charges that shall be collected for that period.

2. "City Manager'' means the chief administrator of the City of San Clemente, as appointed by the City Council.

3. "City" shall mean the municipality of the City of San Clemente, California.

4. "Customer'' means water customer or water user.

5. "Ecological Restoration Project" means a project where the site is intentionally altered to establish a defined, indigenous, historic ecosystem.

6. "Effective Date" shall mean the date of adoption of this chapter, or of any specific water shortage response action, as provided by Water Code Section 376.

7. "Incidental Runoff' shall mean a minimal amount of irrigation water that escapes the area of intended use. This may include minor windblown overspray or mist extending onto sidewalks within a park or minimal runoff from watering trees.

Water leaving an intended use area is not incidental if it is part of the facility or system design, if it is due to excessive application, if it is due to intentional overflow or application, or if it is due to negligence.

8. "Irrigation Customer" shall mean a person who, according to the City's records, receives water service and has a dedicated irrigation meter for outdoor irrigation of landscaping.

9. "Irrigation System" means a system whose primary purpose is the application of water to landscapes through valves, pipes, hoses, spray heads, or sprinkling devices that are operated by hand or through an automated system. A single garden hose with a shutoff valve or spray nozzle is not considered an irrigation system.

10. "Metropolitan" means the Metropolitan Water District of Southern California, which is the wholesale urban water supplier of imported water to Municipal Water District of Orange County.

11. "Multi-Family Residential Customer" shall mean a person, according to the City's records, receives water service to a multi-family residence that is individually metered or master-metered.

12. "Municipal Water District of Orange County" (MWDOC) means the regional wholesale urban water supplier of imported water to Orange County.

13. "Permit" means an authorizing document issued by local agencies for new construction or rehabilitated landscape.

14. "Person" shall mean any natural person, corporation, partnership, government entity or subdivision, trust, estate, cooperative association, joint venture, business 6-21 -22 I 4H-3
entity, or other similar entity, or the agent, employee or representative of any of the ( above.

15. "Potable Water" means water which is suitable for drinking.

16. "Recycled Water" means wastewater treated to a quality suitable for non-potable uses, such as landscape irrigation and decorative water features, and not intended for human consumption.

17. "Residential Customers" shall mean single family and multi-family residential customers.

18. "Service Area" shall mean the area within the boundaries of the system owned by the City of San Clemente that directly provides water to its service connections.

19. "Service Connection" means the pipe or tubing, fittings, and valves necessary to conduct water from the distribution main to and through the meter.

20. "Single-Pass Cooling Systems" means equipment where water is circulated only once to cool equipment before being disposed.

21. "Single Family Residential Customer" shall mean a person who, according to the City's records, has water delivered to a single-family residence.

22. "Special Landscape Area" means an area of the landscape dedicated solely to edible plants such as orchards and vegetable gardens, areas irrigated with recycled water, water features using recycled water, and recreational areas dedicated to active play such as parks, sports fields, golf courses, and where turf provides a playing surface.

23. "Stormwater Drainage System" shall mean street gutter, channel, storm drain, constructed drain, lined diversion structure, wash area, inlet, outlet, or other facility which is a part of or tributary to the county-wide stormwater runoff system and owned, operated, maintained, or controlled by County of Orange, the Orange County Flood Control District, or any co-permittee including the City of San Clemente, and used for the purpose of collecting, storing, transporting, or disposing of stormwater.

24. "Turf' means a groundcover surface of mowed grass, including cool-season grasses, such as annual bluegrass, Kentucky bluegrass, perennial ryegrass, red fescue, and tall fescue; and warm-season grasses, such as Bermuda grass, Kikuyu grass, seashore paspalum, St. Augustine grass, Zoysia grass, and Buffalo grass.

25. "Utilities Director" means the chief administrator of the Utilities Department of the City of San Clemente.

26. "Valve" means a device used to control the flow of water on a garden hose or in an irrigation system.

27. "Water Customer'' means the person in whose name service is rendered as evidenced by the signature on the application, contract or agreement for that service, or in the absence of a signed instrument, by the receipt and payment of bills regularly issued in his/her name, regardless of the identity of the actual user of the service.
6-21-22 / 4H-4

28. "Water Feature" means a design element where open water performs an aesthetic or recreational function. Water features include ponds, lakes, waterfalls, fountains, artificial streams, spas, water slides and swimming pools where water is artificially supplied.

29. "Water Shortage Contingency Plan" or "WSCP" refers to the version of the plan of this name most recently adopted by the City of San Clemente for managing water supplies and demand during times of anticipated water supply shortages or water shortage emergencies.

30. "Water Shortage Emergency," also referred to outside of this ordinance as a drought emergency, shall mean a condition existing within the City in which the ordinary water demands and requirements of persons within the City's service area cannot be satisfied without depleting the water supply of the City to the extent that there would be insufficient water for human consumption, sanitation, and fire protection. A water shortage emergency includes both an immediate emergency, in which the City is unable to meet current water needs of persons within the City's service area, as well as a threatened water shortage, in which the City determines that its supply cannot meet an increased future demand.

31. "Water Shortage Response Actions" means the appropriate suite of demand reduction, supply augmentation, and/or operational changes to be implemented by the City Staff at the direction of the City Council in response to a water supply shortage of any of the six designated levels of severity.

32. "Water Supply Shortage" means any decline in water supply reliability due to drought conditions or other supply challenges that at a minimum requires voluntary or mandatory conservation measures in order to maintain water availability for human consumption, sanitation, and fire protection.

33. "Water User" means any user of water in the City's service area or water supplied by the City's service area, including but not limited to a water customer.

Section 4. Applications
A. The provisions of this Water Conservation Ordinance apply to any customer, person, and property using water provided by the City of San Clemente.

B. The provisions of this Water Conservation Ordinance do not apply to uses of water necessary to protect public health and safety or for essential government services, such as police, fire, and other similar emergency services, nor to the installation or maintenance of Ecological Restoration Projects.

C. The provisions of this Water Conservation Ordinance do not apply to the use of Recycled Water, nor to the irrigation of other Special Landscape Areas.

D. This chapter is intended solely to further the conservation of water. It is not intended to implement any provision of federal, State, or local statutes, ordinances, or regulations relating to protection of water quality or control of drainage or runoff.
6-21-22 I 4H-5
Section 5. Procedures for Determination of Water Supply Shortage and Level Implementation
A. Under Water Code Section 10632.1, the City of San Clemente is required to submit an annual water supply and demand assessment report to the California Department of Water Resources by July 1 of each year. Thus, the City of San Clemente will follow the written decision-making process defined in its WSCP to assess water supply reliability on an annual basis.

B. City staff will determine if a water shortage exists or is imminent by comparing the results of the annual assessment to the criteria for the water shortage levels defined in the WSCP.

C. In the event a water shortage is identified according to the procedures and conditions defined in the adopted WSCP, upon recommendation by staff and pursuant to resolution, the City Council will declare a shortage of the appropriate level.

D. The public will be informed of the shortage according to the Procedures and Protocols for Communication identified in Section 6 of this Ordinance.

E. Sudden catastrophic water supply shortage. When the Utilities Director determines that a sudden event significantly has diminished, or threatens to diminish, the reliability or quality of the City's water supply, the Utilities Director may advise the City Manager to declare a catastrophic water supply shortage and impose whatever emergency water allocation or conservation actions deemed necessary, in the Utilities Director's professional judgment, to protect the reliability and quality of the City's water supply, until the emergency passes or the City Council takes other action.

Section 6. Procedures and Protocols for Communication
Upon declaration of a Water Shortage, the City of San Clemente will inform all relevant stakeholders, such as customers, the public, the media, interested parties, and local, regional, and state governments, of the effective date of the water shortage response actions associated with the relevant water shortage level according to the communication procedures identified in the City's WSCP, including but not limited to the appropriate use of one or more of the following: social media posts, press releases, water bill messaging, and traffic sign boards. Specifically, messaging shall include:

A. Any current or predicted shortages as determined by the annual water supply and demand assessment.

B. Any shortage response actions triggered or anticipated to be triggered by the annual water supply and demand assessment.

C. Links and references to resources to help customers comply with the shortage response actions.

Section 7. Permanent Water Conservation Requirements - Prohibition Against Waste
6-21-22 I 4H-6
(
The following water conservation requirements are intended to protect the City's water supplies year-round and are effective at all times, and violations of this section will be considered waste and an unreasonable use of water:

A. Washing down sidewalks, walkways, driveways, parking areas or other paved surfaces, except as is required to dispose of dangerous liquids or alleviate safety or sanitary hazards, and then only by use of a hand-held bucket, pressure washer or hand-held hose equipped with a positive self-closing water shut-off device, is prohibited. All washing down of impervious surfaces must comply with the City's Stormwater Runoff Control Ordinance and shall be prevented from discharging into the stormwater drainage system. Routine cleaning of sidewalks and driveways shall be performed by other means, such as by using a broom.

B. Washing equipment or machinery, or cleaning the exterior of any building or structure with water, is prohibited unless performed with a hose equipped with an automatic shutoff nozzle. All washwater from such activities must be prevented from discharging into the stormwater drainage system.

C. Using water to wash or clean a vehicle, including but not limited to any automobile, truck, van, bus, motorcycle, boat or trailer, is prohibited, except by use of a handheld bucket or hand-held hose equipped with a positive self-closing device or water shut-off nozzle. This prohibition does not apply to any commercial car washing facility; however, commercial conveyor car wash systems must have installed operational re-circulating water systems, or must have secured a waiver of this requirement from the City.

D. The use of water to clean, fill or maintain levels in decorative fountains, ponds, lakes or other similar aesthetic water features, unless such water is part of a recirculating system, is prohibited. The only exception may be an aesthetic water feature currently listed in the National Register of Historic Places, where water use is deemed necessary to maintain integrity of the feature. Swimming pools and spas, and other water features designed for active recreational use, are also exempt from this year-round restriction.

E. No person shall empty and refill a swimming pool or spa except to prevent or repair structural damage or to comply with public health regulations. All pools and spas shall be equipped with a water recirculation device. The use of a pool/spa cover is encouraged to prevent evaporative water loss.

F. The use of water to irrigate outdoor landscapes during or within forty-eight (48) hours following measurable rainfall, defined as ¼ inch or greater in the vicinity according to the National Weather Service, or the nearest California Irrigation Management Information System (CIMIS) station, is prohibited.

G. The irrigation with potable water of ornamental, nonfunctional, turf on public street medians is prohibited, except where the turf is irrigated incidentally by an irrigation system, the primary purpose of which is the irrigation of trees.

H. The use of potable water for street cleaning or compacting or dust control purposes in construction activities is prohibited where there is a reasonably available source of recycled or other non-potable water approved by the 6-21-22 / 4H-7
California State Department of Health Services and appropriate for such use. In ( the case of construction activities, this condition must be identified and specified on drawings submitted to the City for review.

I. The irrigation with potable water of landscapes outside of newly constructed homes and buildings, in a manner inconsistent with regulations or other requirements established by the California Building Standards Commission and the Department of Housing and Community Development, is prohibited.

J. Watering or irrigating of any lawn, landscape or other vegetated area in a manner that causes or allows more than Incidental Runoff from the property, onto an adjoining sidewalk, driveway, street, gutter or ditch is prohibited.

K. Watering of landscapes, lawns, or other turf areas between the hours of 8:00 a.m. and 5:00 p.m. is prohibited, with the exception of the use of:
a. Hand-held watering cans, buckets, or similar containers reasonably used to convey water for irrigation purposes.
b. Drip irrigation systems, bubblers, or soakers.
c. A hand-held garden hose equipped with a fully functioning, positive selfclosing water shut-off nozzle or similar device. d. Irrigation system operation for the express purpose of inspecting, adjusting, or repairing the system.

L. Homeowners' Associations. To prevent the waste and unreasonable use of water and to promote water conservation, any homeowners' association or community service organization or similar entity is prohibited from:
a. Imposing or threatening to impose a fine, assessment, or other monetary penalty against any owner of a separate interest for reducing or eliminating the watering of vegetation or lawns during a declared water shortage emergency, or
b. Requiring an owner of a separate interest upon which water-efficient landscaping measures have been installed in response to a declared water shortage emergency, to reverse or remove the water-efficient landscaping measures upon the conclusion of the emergency.

M. All leaks, breaks, or other malfunctions in the water user's plumbing, irrigation or privately owned distribution system must be repaired within five (5) calendar days of notification by the City, unless other arrangements are made with the City. In the case of excessive and continuous water waste that clearly demonstrates a threat to human health, safety, or property, the City reserves the right to terminate water service at the meter until the repair is made.

N. Hotels, motels and other commercial lodging establishments must provide customers the option of not having towels and linen laundered daily. Commercial lodging establishments must prominently display notice of this option in each bathroom using clear and easily understood language.

0. Food preparation establishments such as restaurants or cafes are prohibited from using non-water conserving pre-rinse spray valves in their dishwashing stations. 6-21-22 / 4H-8
P. No restaurant, hotel, cafe, cafeteria or other public place where food is sold, served or offered for sale shall serve drinking water to any customer unless expressly requested.

0. Installation of single-pass cooling systems is prohibited in buildings requesting new water service or being remodeled.

R. Indiscriminate Use. No person shall cause or permit the indiscriminate running of water not otherwise prohibited above which is wasteful and without reasonable purpose.

Section 8. Correlation between City of San Clemente Water Supply Shortage Levels and DWR Water Supply Shortage Levels.

A. Metropolitan's and MWDOC's Water Shortage Contingency Plan follows the State's six standard water shortage levels corresponding to progressive ranges of up to 10, 20, 30, 40 and 50 percent shortages and greater than 50 percent shortage [Water Code Section 10632 (a)(3)(A)].

B. The City of San Clemente's water shortage levels are also aligned with the State's water shortage levels and as with those defined in the MWDOC WSCP, and therefore comply with Water Code Section 10632 (a)(3) as identified above.

Section 9. Levels of Declared Water Supply Shortage
The City Council, by ordinance or resolution, is authorized to require or impose reductions in the use of water if such reductions are necessary to comply with Water Supply Shortage conditions as defined in the City of San Clemente Water Shortage Contingency Plan (WSCP) or to comply with water use restrictions imposed by federal, state, or regional water agencies or to respond to emergency water supply shortage conditions and water shortage emergencies. Depending on the expected duration and severity of the water shortage or water shortage emergency, these measures may include, but are not limited to, some or all of the actions listed in Chapter 4 of the WSCP for the following five levels of water shortage, which shall take effect upon declaration by resolution of the City Council. In the event of a breakage or failure of a dam, pump, pipe line or conduit causing an immediate emergency, the City Manager or his/her designee may make the declaration, which will be ratified by the City Council at a subsequent meeting.

City of San Clemente 2020 Water Shortage
Contingency Plan Water Shortage Level
1 -Water Watch
Percent Shortage Range
Up to 10%
6-21-22 / 4H-9
2 - Water Alert Up to 20%
3 - Water Warning Up to 30%
Up to 40%
4 - Water Shortage
Up to 50%
5 - Water Emergency >50%
The current shortage response actions that align with each Level of Water Supply Shortage are defined in the 2020 WSCP, which is subject to updates and re-adoption in the future. The current WSCP includes the following:

A. Locally appropriate supply augmentation actions.

B. Locally appropriate demand reduction actions to adequately respond to shortages, as detailed below.

Water Percent City of San Clemente 2020 Water Shortage Contingency Plan Shortage Shortage Potential Demand Reduction Actions Level Range Shortage response will focus on existing permanent water waste 1 -Water Up to prohibitions, in addition to public outreach for voluntary Watch 10% conservation and the potential implementation of the first phase of demand management rates.

Shortage response will focus on increased utilization of staff time 2 - Water Up to for water waste patrols, restrictions on potable irrigation Alert 20% frequency, and the potential implementation of the second phase of demand manaaement rates.

Shortage response will focus on the prohibition of the use of 3 -Water Up to water to wash down surfaces, restrictions on potable irrigation Warning 30% frequency, and the potential implementation of the third phase of demand management rates.

Up to Shortage response will focus on the prohibition of washing cars outside of commercial facilities that recycle wash water, the 40% prohibition of irrigation in the winter months, and restrictions on 4 - Water potable irrigation of non-functional spaces.

Shortage Up to
Shortage response will focus on restrictions on potable irrigation of non-functional spaces and the suspension of potable water 50% use in construction projects.
6-21-22 I 4H-10
(
5 -Water
Emergency
>50% Shortage response will focus on the prohibition refilling pools and spas and the prohibition of all use of potable water in irrigation.

C. Locally appropriate operational changes.

D. Additional, mandatory prohibitions against specific water use practices that are in addition to state-mandated prohibitions and appropriate to the local conditions.

E. For each action, an estimate of the extent to which the gap between supplies and demand will be reduced by implementation of the action.

F. Each elevated shortage level will include the elements of the previous shortage level(s), including the mandatory restrictions on water waste detailed in Section

8.4.4 of the WSCP, with each elevated shortage level intended to be more restrictive than the previous level(s).

G. As deemed necessary, an allocation of water supply under a water supply emergency condition beyond WSCP defined actions may be implemented.

Section 10. Hardship Waiver
A. If, due to unique circumstances, a specific requirement of this chapter would result in undue hardship to a person using water or to property upon which water is used, that is disproportionate to the impacts to water users generally or to similar property of classes of water users, then the person may apply for a waiver to the requirements as provided in this section.

B. Application: Application for a waiver must be on a form prescribed by the City and accompanied by a non-refundable processing fee in an amount set by City Council resolution, and must be accompanied by photographs, maps, drawings, and other information, including a written statement by the applicant.

C. Required Findings for Waiver: An application for a waiver will be denied unless the Utilities Director or his/her designee finds, based on the information provided in the application supporting documents, or such additional information as may be requested, and on water use information for the property as shown by the records of the City of San Clemente, all of the following:

1. That the waiver does not constitute a grant of special privilege inconsistent with the limitations upon other residents and businesses;

2. That because of special circumstances applicable to the property or its use, the strict application of this chapter would have a disproportionate impact on the property of use that exceeds the impacts to residents and businesses generally;

3. That the authorizing of such waiver will not be of substantial detriment to adjacent properties, and will not materially affect the ability of the City of San Clemente to effectuate the purpose of this chapter and will not be detrimental to the public interest; and
6-21-22 / 4H-11

4. That the condition or situation of the subject property of the intended use ( of the property for which the waiver is sought is not common, recurrent or general in nature.

D. Approval Authority: The City Manager or designee must act upon any completed application no later than ten (10) days after submittal and may approve, conditionally approve, or deny the waiver. The applicant requesting the waiver must be promptly notified in writing of any action taken. Unless specified otherwise at the time a waiver is approved, the waiver will apply to the subject property during the period of the mandatory water supply shortage condition. The decision of the City Manager or designee will be final.

Section 11. Penalties, Violations, and Enforcement
Penalties. It shall be unlawful for any water customer of the City of San Clemente to fail to comply with any of the provisions of this chapter. The penalties set forth in this section shall be additional to those penalties provided in any other section of this code.

The penalties for failure to comply with any of the prohibited use provisions of this chapter shall be as follows:

A First Violation: The City Manager or his/her authorized designee will issue a written warning or "Notice of Noncompliance," including the time, date, place, and general description of the violation, as well as the means and date by which to correct the violation and possible consequences of failing to correct the violation.

In addition to educational materials pertaining to the nature of the violation, a hard copy of or link to this ordinance will be attached to the Notice and delivered by certified mail, regular mail, and/or posting (i.e., door hanger) to the party who is billed for the water, or to the property owner, as appropriate.

B. Subsequent Violations: An additional "Notice of Noncompliance" as described above will be delivered by certified and regular mail to the party who is billed for the water, or to the property owner, as appropriate. A second, third, fourth, or additional violation within the preceding twelve (12) calendar months may incur an administrative fine consistent with Chapter 1.20.070 of the City's Municipal Code.
c. Separate Offenses. Each day that a violation of this ordinance occurs is a separate offense.

D. Termination of Service. In addition to any fines, the City of San Clemente may disconnect and/or terminate a customer's water service for a willful violation of mandatory restrictions in this Conservation Ordinance. The customer will be responsible for payment of the current City charges for disconnecting and when applicable, reconnecting water service. Nonpayment will be subject to the same remedies as nonpayment of basic water rates.

Administrative Hearings. A customer may appeal the Notice of Violation by filing a written notice of appeal with the City Clerk of the City of San Clemente consistent with 6-2 1-22 I 4H-12
the requirements and proceedings described in Chapter 1.20.080 of the City's municipal code.

A. Pending receipt of a written appeal or pending a hearing pursuant to an appeal, the City of San Clemente may take appropriate steps to prevent the unauthorized use of water as appropriate to the nature and extent of the violations and the current declared water shortage level.

Section 12. Procedures for Monitoring Compliance and Reporting to the State In order to address state reporting requirements and to ensure customer compliance, the City of San Clemente will document all outreach for voluntary conservation efforts as well as enforcement for violations in its Computerized Maintenance Management System, in order to collect, track, and analyze relevant data per the procedures defined in the WSCP.

Section 13. Reevaluation and Improvement Process of Water Shortage Procedures
To ensure water shortage risk tolerance is adequate and appropriate water shortage mitigation strategies are implemented as needed, the WSCP will be reviewed and evaluated as defined by the procedures identified in the WSCP. The WSCP wi ll be updated every 5 years when the corresponding Urban Water Management Plan is updated, but the WSCP may be updated more frequently as well, if necessary to maintain effective water shortage responses.

Section 14. Other Provisions
A. Limits on Building Permits: the City of San Clemente, through resolution by the City Council, may limit or withhold the issuance of building permits which require new or expanded water service, except to protect the public health, safety and welfare, or in cases which meet the City of San Clemente's adopted conservation offset requirements.

B. The City of San Clemente may provide water efficiency devices either directly or through supported programs. Such devices should remain within the City's service area at all times. Devices provided by the City should be used with the intent to conserve water and not be modified in any way or sold.

C. In order to aid in enforcement, the City of San Clemente may establish, or use an existing 24-hour phone line as, a water-waste reporting hotline for residents to call in violations of this chapter, and may also utilize any submissions to an online customer service request portal for the same purpose.

D. The City of San Clemente may opt to address a sudden decrease in water supplies and/or increase in demand by temporarily discontinuing service for one, several, or all of its irrigation customers, regardless of the current water supply shortage level and corresponding response actions to protect health and safety of the public. In this case, the City will provide as much advance notice as 6-21-22 I 4H-1 3
possible to the customer before turning water off, as well as back on, at the ( meter, but the City shall not be liable for any damages to irrigation equipment due to irrigation system pressure fluctuations resulting from any such moratorium on water seNice. The City encourages all irrigation customers to equip their systems with appropriate pressure reducing valves.

Section 15. Exemption from California Environmental Quality Act.

The City of San Clemente finds that this chapter and actions taken hereafter pursuant to this chapter are exempt from the provisions of the California Environmental Quality Act of 1970 as specific actions necessary to prevent or mitigate an emergency pursuant to Section 15307 of the CEQA Guidelines.

Section 16. Severability
If any section, subsection, sentence, clause, or phrase in this of this chapter, or the application thereof to any person or circumstances, is for any reason held invalid by a court of competent jurisdiction, the validity of the remainder of the chapter or the application of such provision to other persons or circumstances shall not be affected.

The City Council hereby declares that it would have passed this this ConseNation Program and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that one or more sections, subjections, sentences, clauses, or phrases is declared invalid.

Section 17. Certification
The City Clerk shall certify to the passage of this ordinance and cause the same to be published as required by law, and the same shall take effect as provided by law. 6-21-22 / 4H-14
APPROVED AND ADOPTED this __ day of _______ ___ _
ATTEST:

City Clerk of the City of
San Clemente, California
Mayor of the City of San
Clemente, California
6-21-22 / 4H-1 5

STATE OF CALIFORNIA

COUNTY OF ORANGE
)
) ss.

CITY OF SAN CLEMENTE )
I, JOANNE BAADE, City Clerk of the City of San Clemente, California, hereby certify that Ordinance No. 1731 having been regularly introduced at the meeting of June 7, 2022 was again introduced, the reading in full thereof unanimously waived, and duly passed and adopted at a regular meeting of the City Council held on the __ day of __________ , and said ordinance was adopted by the following vote:

AYES:

NOES:

ABSENT:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this __ day of ________ _ APPROVED AS TO FORM:

CITY ATTORNEY
CITY CLERK of the City of
San Clemente, California
6-21-22 / 4H-16
(
ORDINANCE NO. 1732

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SAN CLEMENTE, CALIFORNIA, ADDING CHAPTER 10.54
TO TITLE 10 (VEHICLES AND TRAFFIC) OF THE SAN

CLEMENTE MUNICIPAL CODE RELATING TO THE

PROHIBITION ON REPAIRS, SALES, AND STORAGE OF

BICYCLES AND BICYCLE PARTS ON PUBLIC PROPERTY

AND FINDING THE ORDINANCE NOT SUBJECT TO THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT
6-21-22 / 41
WHEREAS, the City of San Clemente, California ("City'') is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, the City encourages the use of bicycles in daily transportation for commuting and recreational purposes; and
WHEREAS, reported bicycle thefts in the City between January and May of 2022 were 27, and statistics show the number of actual thefts is likely much greater; and WHEREAS, many of these stolen bicycles are also dismantled in public areas ("bike chop shops") and sold within days of being stolen, and, thus, there is a narrow window for bicycles to be recovered while they are being taken apart in public spaces before being sold; and
WHEREAS, such open-air "bike chop shops" have been observed in the City, but confronting the illegal activities this practice supports is difficult due to the lack of ready proof that a particular bicycle or bicycle part has been stolen; and WHEREAS, this Ordinance seeks to limit or reduce illegal bicycle chop shop activity by prohibiting such activity and allowing for the removal of bicycles and/or bicycle parts from the public right-of-way and public property will help clear the public right-ofway and public property, prevent unauthorized commercial activity in these areas, and, if any items are lost or stolen, restore such items to their lawful owners and deter future bicycle theft; and
WHEREAS, in light of the foregoing, on May 3, 2022, the City Council requested the City Attorney to draft an ordinance to prohibit the assembly, disassembly, sale, offer of sale, distribution, or offer of distribution of bicycles and bicycle parts on public property or in the public right-of-way, under certain conditions and with certain exceptions; WHEREAS, in accordance with the City Council's directive, the City Attorney's Office prepared this ordinance (the "Ordinance") in coordination with City staff and with input from the Orange County Sheriff's Department; and
WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred. 55452.01 I00\~0050810.3
6-21 -22 / 41-1
NOW, THEREFORE, the City Council of the City of San Clemente does ordain as follows:

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

Section 2. CEQA. The City Council finds that this Ordinance is not a "project" subject to the California Environmental Quality Act (CEQA). The Ordinance does not qualify as a project because it has no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment. (State CEQA Guidelines, § 15378, subd. (a).) The language merely prohibits, absent an applicable exception, the repair, sale, or storage on public property of certain bicycles, certain numbers of bicycles, and certain bicycle parts, as well as the falsification of any information in any documentation, proof, or other supporting evidence intended to show valid proof of ownership or possession of a bicycle(s) or bicycle part(s). In the alternative, the City Council finds that the Ordinance falls within the "common sense" exemption set forth in State CEQA Guidelines section 15061, subdivision (b)(3), which exempts activity from CEQA where "it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment." Here, it can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment because the Ordinance simply prohibits the repair, sale, or storage on public property of certain bicycles, numbers of bicycles, and bicycle part(s); the Ordinance will not result in any development or in any new activity with the potential to impact the environment.

Section 3. Code Amendment. Chapter 10.54 is hereby added to the San Clemente Municipal Code and shall read in its entirety as follows:
"Chapter 10.54 - Repairs, Sales, and Storage of Bicycles on Public Property Prohibited

10.54.010- Repairs, sales, and storage on public property prohibited.

Subject to Section 10.54.020 (Exceptions), no person shall repair, assemble, disassemble, sell, offer to sell, rent, offer to rent, distribute, offer to distribute, or store the following items on any public street, sidewalk, alley, public passageway, public right-of-way, public beach, public park, or any other property owned, operated or managed by the City of San Clemente:

A. A bicycle frame with the gear cables or brake cables cut;

8. Three or more bicycles and/or bicycle frames, with or without missing parts (the term "parts" shall mean handles,
handlebars, wheels, forks, pedals, cranks, seats, or chains); or
C. Five or more bicycle parts that are not attached to a bicycle. 55452.01100\40050810.3
6-21-22 / 41-2
(
(

10.54.020 - Exceptions.

The prohibitions set forth in Section 10.54.010 shall not apply to any of the following:

A. Activities performed in accordance with a valid license or permit issued by the City of San Clemente.

B. The owner or another individual in lawful possession of a bicycle or bicycle part(s) who is present during the repair of his or her single bicycle or bicycle part, with valid
documentation, proof, or supporting evidence to verify that he or she is in lawful possession of the bicycle or bicycle part(s).

Supporting evidence for a claim of lawful ownership or
possession may include, but is not limited to:

1. Bill of sale from the original owner with the signature of the original owner, as well as the name, address, and
telephone number of the original owner.

2. Rental agreement or receipt.

3. Video or photographic evidence demonstrating
ownership.

4. Whether the bicycle or any bicycle parts retain their original serial number (as opposed to being filed off, for example).

5. Bicycle registration bearing the name and address of the individual claiming to be the owner or lawful
possessor of the bicycle.

6. Verifiable electronic communication from the previous owner to the possessor relinquishing ownership of the
bicycle or bicycle parts.

7. Credible testimony or facts and circumstances that
would objective indicate that the individual is the lawful owner or possessor of the bicycle or bicycle parts.

10.54.030 - Falsification of records prohibited.

It is unlawful for any person to knowingly falsify or cause to be falsified any information in any documentation, proof, or other supporting evidence intended to show valid proof of ownership or possession of a bicycle or bicycle part(s).
5 5452.0 I I 001.400508 I 0.3
6-21-22 / 41-3

10.54.040 -Violations.

A. Each and every violation of this chapter shall constitute a separate violation and shall be subject to all remedies and enforcement measures authorized by the San Clemente
Municipal Code. Each and every bicycle or bicycle part(s) unlawfully possessed is a separate violation of this chapter.

B. It is unlawful and a misdemeanor subject to punishment in accordance with Chapter 1.10 of Title 1 of this Code, for any person to violate any provision of this chapter.

C. The remedies provided herein are not to be construed as exclusive remedies. The City is authorized to pursue any proceedings or remedies provided by law.

10.54.050 - Severability.

If any section, subsection, sentence, clause, phrase, or word of this Chapter

10.54, or any application thereof to any person or circumstance, is held to be invalid or unconstitutional by a decision of a court of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby and such provision shall be ineffective only to the extent of such invalidity, illegality, or unenforceability."
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. Severability. If any provision of this ordinance or its application to any person or circumstance is held invalid, such invalidity has no effect on the other provisions or applications of the ordinance that can be given effect without the invalid provision or application, and to this extent, the provisions of this ordinance are severable.

The City Council declares that it would have adopted this ordinance irrespective of the invalidity of any portion thereof.

Section 7. Effective Date. This Ordinance shall become effective 30 days after its adoption.
55452.0I 100140050810.3
6-21-22 I 41-4
APPROVED AND ADOPTED this __ day of ______ , 2022.

ATTEST:

City Clerk of the City of
San Clemente, California
55452.011001400508 I 0J
Mayor of the City of San
Clemente, California
I I
6-21-22 I 41-5

STATE OF CALIFORNIA

COUNTY OF ORANGE

CITY OF SAN CLEMENTE
ss.

I, JOANNE BAADE, City Clerk of the City of San Clemente, California, hereby certify that Ordinance No. 1732 having been regularly introduced at the meeting of June 7, 2022, was again introduced, the reading in full thereof unanimously waived, and duly passed and adopted ata regular meeting of the City Council held on the __ day of _ _ , 2022, and said ordinance was adopted by the following vote:

AYES:

NOES:

ABSENT:

IN W ITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this _ _ day of _____ , 2022.

APPROVED AS TO FORM:

CITY ATTORNEY
55452.01 1001400508 10.3
CITY CLERK of the City of
San Clemente, California
6-21 -22 I 41-6
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AGENDA REPORT

SAN CLEMENTE CITY COUNCIL MEETING
Meeting Date: June 21 , 2022
Agenda Item 4 ~
Approvals:

City Manager ~
Dept. Head ;711---
Attorney C::f
Finance~~
---------------------------
Department:

Prepared By:

Subject:

Public Works / Engineering Division
Amir K. llkhanipour, Senior Civil Engineer
CONSTRUCTION CONTRACT AWARD TO 3SIXTY INNOVATION, INC. FOR THE STORM DRAIN IMPROVEMENTS AT 1601 CALLE LAS BOLAS, PROJECT NO. 10015 Fiscal Impact: Yes. The estimated total construction cost of $653,460 is within the approved project budget of $1,109,247 available from the Storm Drain Fund Depreciation Reserve.

Summary: Staff recommends approval of a construction contract with 3Sixty Innovation, Inc., in the amount of $499,460 for the Storm Drain Improvements at 1601 Calle Las Bolas Improvements.

Background: Catch basin and storm drain improvements are needed at the intersection of Calle Las Bolas and Avenida Florencia to increase the drainage capacity of the storm drain system in this area. Staff prepared a bid package for these improvements and advertised the project for competitive bidding on the PlanetBids website. Ten bids were received on May 23, 2022, ranging from $499,460 to $1 ,240,710, as shown on Attachment 2. The lowest responsive bidder was 3Sixty Innovation, Inc. of San Diego, California, at $499,460. Based on the low bid, construction costs are estimated as follows:

Recommended
Construction Contract
Construction Management, Administration,
Inspection and Soils Testing
Project Contingency (20%)
Total Estimated Construction Costs
$499,460
55,000
99,000
$653,460
As required by City Policy and State Law, the Contractor will be required to provide performance and payment bonds simultaneously with execution of the construction contract (Attachment 3). Project plans and specifications are on file in the City Clerk's office.

Action: Staff Recommends That the City Council:

1. Approve the Plans and Specifications for the Storm Drain Improvements at 1601 Calle Las Bolas, Project No. 10015; and
Public Works Agenda Report
6-21-22 I 4J-1
Agenda Report Page 2

2. Approve and authorize the Public Works Director/City Engineer to execute Attachments: 1.

2. 3.

Contract No. ___ , by and between the City of San Clemente and Innovation, Inc., in the amount of $499,460, for the Storm Drain Improvements at 1601 Calle Las Bolas, Project No. 10015.

Location Map
Bidders' List
Contract without attachments
Notification: None.
s:\cd\eng ineering\secure\admin\2022\6-21 \6-21-22-Sr.docx 6-21-22 I 4J-2
Attachment 1
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6-21-22 I 4J-3
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City of San Clemente
Bidders' Listing for the "STORM DRAIN IMPROVEMENTS AT 1601 CALLE LAS BOLAS (Project No. 10015)" Issued on 04/07/2022
Bid Due on May 23, 2022 2:00 PM (PDT)
Vendor Name Address City State Zip
3Sixty Innovation Inc. 3555 Rosecrans St. 114-110 San Diego CA 92110 diamond construction 921 n harbor blv #622 La Habra CA 90631 PALP dba EXCEL 2230 Lemon Ave Long Beach CA 90806
Beador Construction Company,
Inc. 26320 Lester Circle Corona CA 92883
GCI Construction, inc. 1031 Calle Recodo, Suite D San Clemente CA 92673 Wright Construction
Enqineerinq Corp 2625 S Santa Fe Ave San Marcos CA 92069 Lucas Builders, Inc 510 E Jamie Ave La Habra CA 90631
kordichconst inc. 6044 lawrence st cypress CA 90630
10370 Commerce Center Drive
Ferreira Construction Co, Inc Suite 8200 Rancho Cucamonga CA 91730 Gentry General Engineering,
Inc. PO Box 322 Rancho Cucamonqa CA 91729
Attachment 2
Bid Amount Format
$499,460 Electronic
$560,790 Electronic
$592,400 Electronic
$597,300 Electronic
$621,370 Electronic
$627,020 Electronic
$690,262 Electronic
$709,313 Electronic
$737,750 Electronic
$1,240,710 Electronic
SECTION 00500

CONTRACT
Attachment 3
THIS CONTRACT is made this __ day of ____ , 2022, in the County of Orange, State of California, by and between the City of San Clemente hereinafter called City, and 3Sixty Innovation, Inc., hereinafter called Contractor. City and the Contractor for the considerations stated herein agree as follows:

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

STORM DRAIN IMPROVEMENTS AT 1601 CALLE LAS BOLAS, PROJECT NO. 10015 The Contractor and its surety shall be liable to City for any da ,ages arising as a result of the Contractor's failure to comply with this obligation.

At any time during the ter,'Pr6rtne 6ontr. c.t, City may, pursuant to the terms and provisions of the Contract Documents, ~uest tha the Contractor perform additional work. Contractor shall not perform , nor be compe sated for,Mdditional work without written authorization from the City pursuant to the terms and pro isi l of the Contract Documents.

ARTICLE 4. LIQUIDATED DAMAGES/EARLY COMPLETION INCENTIVE. In accordance with Government Code section 53069.85, it is agreed that the Contractor will pay City the sum of $1,000 for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event that Liquidated Damages are not paid, the Contractor agrees City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Article does not exclude recovery of other damages specified in the Contract Documents.

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

Notice Inviting Bids
Instructions to Bidders
Bid Form
Contractor's Certificate Regarding Workers' Compensation Bid Bond
6-21-22 I 4J-5
Designation of Subcontractors
Information Required of Bidders
Noncollusion Declaration form
Iran Contracting Act Certification
Public Works Contractor Registration Certification
Contract
Performance Bond
Payment Bond
General Conditions
Special Conditions
Technical Specifications
Addenda
Plans and Drawings
Approved and fully executed change orders
Any other documents contained in or incorporated into the Contract The Contactor shall complete the Work in strict accordancez.,,.,all of the Contract Documents.

All of the Contract Documents are intended to be comP.IUen"'ra)~work required by one of the Contract Documents and not by others shall be don as if requir- , by all. This Contract shall supersede any prior agreement of the parties.

ARTICLE 6. PROVISIONS REQUIRED BY LAW. ~ on and every provision of law required to be included in these Contract Documents ;lnal be de~ed to be included in these Contract Documents. The Contractor shall comply w~ all r,~u1r..e1TI\nts of applicable federal, state and local laws, rules and regulations, including, bu~~~-p1111te&lb, the provisions of the California Labor Code and California Public Cont7 00 whic\ are applicable to this Project.

ARTICLE 7. INDEMNIFICATIG> . CQr:1 a-ot0ri nail provide indemnification as set forth in the General Conditions.

ARTICLE 8. PREVAI~ NG WA Ep, e; ntractor shall be required to pay the prevailing rate of wages in accordance with,,.the LabQ? Code which such rates shall be made available at City of San Clemente Public Work Deparf)1ent or may be obtained on line at http//www.dir.ca.gov/dlsr. and which must be posted a ~ ob site.

IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and year above written.
55452.01510\32905704.2 2
6-21-22 I 4J-6
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed on the respective dates set forth opposite of their signatures.

ATTEST:

CITY CLERK of the City of
San Clemente, California
APPROVED AS TO FORM:

BEST BEST & KRIEGER
City Attorney

APPROVED AS TO AVAILAB
OF FUNDING:

Finance Authorization
55452.01 510\32905704.2

CITY OF SAN CLEMENTE
By: ____________ _
Its: -------------
("CONTRACTOR")
By: ------------
Its:
- ---------- -
Dated: ________ , 20 __

END OF CONTRACT
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Background:

Discussion:

Recommended

AGENDA REPORT

SAN CLEMENTE CITY COUNCIL MEETING
Meeting Date: June 21, 2022
Economic Development Department
Jonathan Lightfoot, Economic Development Officer
Agenda Item :1 \.;.

Approvals:

City Manager 4Z> 4°)
Dept. Head --- Attorney W
Finance ,,z:;(fl/
.,
1sr AMENDMENT TO CONTRACT C07-22 FOR THE PARKING LOT AT175 AVE. CABR/LLO Yes. If the Council authorizes an increase from $350 per month to $500 per month, there will be an $1800 per year increase in expenses. This increase is accounted for within the existing Economic Development I Rental of Land account #001-151-43710- 000-00000.

The City established a program 15 years ago to improve the availability of downtown parking by renting private lots for public use. This program improved the overall efficiency of parking resources in the downtown. The leases were set at a fixed rate that did not include an escalator. Staff recommends that Council authorize the requested rental rate increase to maintain public availability of this downtown surface parking lot.

The City first entered into a lease for the 175 Avenida Cabrillo lot in 2007. The lease was assigned in 2016 to reference additional property owners (see Attachment 1 ).

The City has paid $350 per month since 2007.

The existing contract, C07-22, established a rate of $350 per month and did not include an escalator. If CPI had been incorporated, the current rate would be $493.

The property owners are requesting an updated rate to $500 per month. Staff is supportive of this increase. Staff will need to increase future budget allocation requests under Economic Development in order to account for this increase and any other negotiated increases of these private parking lot facilities.

Actions: STAFF RECOMMENDS THAT the City Council:

Attachments:

1. Authorize the City Manager to execute an Amendment to contract C07-22 to increase the monthly lease rate to $500.

1. Contract C0?-22, Lease of 175 Ave. Cabrillo
Notification: Marjorie Boughton, ownership representative Economic Development Agenda Report
6-21-22 / 4K-1
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ATTACHM.ENT 1
• ... ··-· .... . ... . - ••• ,.~ . ·- --· ••••• : .. _ ... ➔ , - ·-----··- ----··· - - P-A·RKING. ~Ol'>LEASE'AGREEMENT. • - . . . . . ·'
. This 'P AR.KlN.9.~LQt-' LEASE AOREEivffiNT ("A'.grt!~menf:')•i}; made and ~ritert!d :into as· ~f ·th!~ .jb·r}.a,y of -~-Phtci_f¼_I'~ '~-.29~ by !!l:}Q.'.J?~h':1-~en··Gyfi.tn!~ T~ylor ·carrick, WilliaJTI, Dowling Taylor, and Marjor( Taylor .BoUghtofr ~"Owiier"), and the CITY .OF SAN <;::-LE;tyl:EJ'(f(, ? Galifqrnia-.rnunicipa:t° to.rp_<;ir!ltioh. (''.Cityf'),. o·wner ·.~i:ic! City are hereinaftersometimes referred to colle~tiv.e!y a,s;"pattl.~~",~m;ili_n_d_iyl~i~lly ~ "paf.ty:'' .R J~ ,CTI A 1.:~
A- OWt:i~_r·.1s1 the :o_wnet. ·in fee 9fthat tertail) 'r_e_iil-ptqp~et.tt located at 175 Avehida C_abril,loi :As~~-5-~9(§ :RajJ.~f NY.m~~r,(''.A.P_N;') 9?,~-0~J;-92 J9~!1fafii.t.1 'ihe 0q9_wntown ~.r.ea of th.e City·of San Clement~; ·counfy:of Orange, State of California (the ';Pic>P,erty".).

If ¢1ty-ha.~. r¢qu¢sie.a. to .lease, a.nd .Owner }s wi_l{ing-'(9 :1ease,. those portions of the .Prgp~rcy. ~pr.e p~j~lJ.l.~_r])';:g,epjRt~q Jn. Exhibit "A",,.?.ttt!C_Q~~~ b~~J.¢lg_: l!!ic! il1c~rpqra~~d by thi~ ;reference (the:'"Prefuises");;for.:the -ptfrpose of providing;piil:\lic. parking, ii'ccording :.fo the :terms i~nQ _Cbf)ditions.of.this Ag~e-~rrie[J~:. • ' •
COVEN A'N.T S·
Based .upon ·the· foregoirfg Recitals,. which are ihcorpofatecI :into ·tnis Agreement- by ~eferehce, and for go_od a1;1d· vaH.1rible cOnsiderat,on, the (ec·e1pt ,aJid llfu'fficiency of which is hereby ~~kno.wledgeif !Jy,. b9tl1.pa_it_i~!i, (hyper and City h~reby;EiW.~~:.~:5.-fql_l9:,vs: • ,.

I. :Grantof.l;eru.-e. ·Q.wner-.hereqy leases·'to,City,:an<;i;<;:ify.\hereby-leases -from .Owner,. tne: Premises arid. ·all' '. laYiasc~~pirig, -unprov-einents~ -ancf -striictU:r.es; 'that w'ii[ be ··used for .tfie.

Pt:rniirieC, Us~s (~efined 'belo\1/)':.a~.cprdin~ .. fo·fhe t~rnis.·an.d 'C:Qnd.Itio_ps~onh ii:u\~e~m.eut.

2.·. Term.
·2.1 Automatic, Renewal. The, lease· ·or :the, .Eremi~es ;shaiL be divided. mto • one (1) .year. renewabl~ :temi$( wh'erein. ~a~h one ( i) .yei_ir ·te1J11; \°s -n·t:r_~~11<:1fter .. referreo .to as :a "~ene_':Yabl~ T~rm,." .. Th.~. fir~t;R.~P..~~<!J:51~ T,erqi ~~~ll:~<m1rrw!J.9.~'.lJP9Ji·th~ d{l_te :the'agreem~nt is signed, and 'eaclf subseciti'ei1t Renewable Temi shall ·autc:imatfoally.',c:Oinmenc·e:ori-the aate tha.Us· -~Vt?·' Q~Y· :im_pleoiafely, a~~r jl:ie, ~~pir_a_t\orr_ 9.f tlw pr~yi~l!.~ :R_ene_w?l:ile. T~crn- Th~ )e~-~~ of'the· Premises· tfor" ariy ·tirrie during, any and all Rehewable ·Terms is' hereinafter: "reforred to as the:
''f:xtet:ide'.q·T_errn." • •
22 Tenninatiori rof'Lease. Either party, in ·its ·sole ·a·nd. absolute discretion, maf'termin·ate .-the :1e·ase :of the ifrem1ses .at ·any time during the; E~tehd~~: :terrti. The party seeking.,fo terrriinate;the:Jease stiall-;deliver to:the·.:other party.·written.-notice·.thereof·no later than ;·ixt'y: (pO) d~y;: prio~ito th~-d~t?~i t;~ i~~tioil .•• ·Th~-City. may:;1s~· flii'ti~t~ri1ii c~ri~el'.thi l~~§e aftet,a.cielivecy of:a•fwi:ttteh' not1te to.the Owner- no 1ater,thifn':sixty•:(emt day"s prior·to th¢:aate·; of te.rmimit\on .at anY, 'tjjne' aft~r th~ exe_c_utjQQ· of this lease. • l Rent and;;Security• Deposit.
-1-.
6-21-22 I 4K-2
• . : - ·. • . _·: I tf 1 . R~nt Qit>,':)1-1:!ci!J_ ,e~tJ9. :Qw.Q$P~f~e_1~J:J2r 1b~;_r~~~~s~~~r~--~:' ~Ddr~~r ,f ifty- Dollars ,($~50100) ·!per. :mgntli ((the •'.'Ren_t'). The: first, payment ,of ,Rent~ slialh.6e :prorated, -purstiant~ to· :SectionitlheTow. "(1fappiicab1e).:and'. shai"Koe: delivered .to. J1.wner;ii:i<> ·1ater: thari-;tfii. :dit_e,!Jiai_'.i~ t_hr_ee;(3) wee\(s\_af{e.r: tl)e ¢.om_mencem~i:i(Q~k ij::~f.ti{~ncf:ey~ry .. sl!_6~.~qY.~P.t-,P,~~)len't <if R~n_f,~haH _be .d~liyer_eg,;(9. Ovyn_ef no l~ter than_i t_h~;teri~h ( l' Q\h): day.,of-.theimonth ·for·which tpe Reht is-due:

J."2 Secuiity;'..bep'o·s1t. ·Eiiy shal( d~liy~r ~Q-~\YMr;:n~. Jat(:dh~n.· the date that ~s -t.~~e (-3} 'Y-eek,s,,~ft_er {1:i.~.:..~1JL1!1i:11i~.!B.~~(P~!~, . ~- ~~S:~r.i~r- 9ep9.~j_t_:_ i11 ·th~ ~mcmnt ~( "911,~ Thous·and Dollars.($1,000!00_2; _nlief.'\Securify fkposit"). The se·curify, Deposit shall ·be held by ·owner as sec(!rity f◊tth'.¢. iWrf9tm:a.nteJ~y GiW ofth:e-.t~ri:m;1~,:14':c9Qcliti9.D.~,of...this,A.gr~_ement to

9.~ -~t:Ph~f.l~ P~/fo.mi.~-~J?Y0'°GLtY,:.; __ lti<;i°r. !Q.I h~;~~~ 9(the,~efl;_!I~!Y;::B~p.<?~i.t for any ol;,liga\i'on·t() be· performed bf'€ityi'pui:suarlf:.fo this Agreement, 0 .whei'"shall ·dellVer:writteh·notice, to City ofthe r_e~on Jot;~¢::µ~~-;!$~\ 'Qwn:er·, s·~gl)i prp_v_iaei .City- wtt:h -~1 :9PP.Q_ijµ_~j_ty to- cure apy f~ilµre to P~~if, o}.m. t~~aiq .Q.9.lig~t~gri; ppg~ J.9!1-9t l!~i. 9t~he·: Ses;urity Dep-9.~_i(,pu~~tiant;to 'the_. cure provisions set- foftli"i.n: Sectioii":10 $elowi, -If CityJully-0perforin:s,.ev,ery· obligation;of:.this Agreement ,to be • p,c;ft.9im.~fi .. Jjy-%: Jn;~.rs~c.tinty; :0.~P.◊-S.it or :any. balan_ce ·th~~epf :Sh?ll: be -rewrned tq qty upon J~rmtl)ati9n•·of thi.~ Agr~efTlenf •

3.-3 .Delivery. Ali .payments and charg~$ .. ·due :uff<ler. thfr, .Agreern'ent shali be paid by 'Cit:y"jn ·1a\.vful fn:oney;c?°f°%e·.Vn.it~d Sta_tes. of Arrn;r1ca;.½'.bJ~lrsh1:1.iJ _pe;legal.fonqeq1t the tin]_e of P!3-Yl):1~~-t, a_t_:: •
Cyrtthi1iT~yior,:Carnck;"W°ilfiam Do"".ling 1ayl9r, Marfori.¢ °T_aylo.r ~oughton 1·2917- Cam'inito:Beso; • • - •••
s~n Di~go, cA .• 92-130
or to,such,other:;p·ersoh•or/at;such other place as:·6:wo~r, i11!lY fr:Q1n· fon~=fo \i~~:de~ign_ate in writ~g. 0\¥11~+ ~q~lf:pr.:<?.1J1p:f!~~cl~liyer to Oity <;lllY. ~p.wg~\W!~~Q!~~ Qf;•pers~m-responsibje for receivin.g payment-of Rent. Cify ,sliall not:6e -in default'tohhis Agreerri"ent if'Owner fails .to receive any ·payitfent-.of.°Reht_ wh~n :Owner fails to ptoil_iptly :dei(yer"'.any· change in ·!;ldd_res~ .or perso_n resp_q.n.s(bl(: fqn~~.iivih&· P..~Y.!TI~ni. •• ••

3.4 Pro·rated', Amounts.- Any 'Rent- due under, tliis:. Agreement for-· any ;fracti6mi.°L part:.of·'a cal}ti.ciafffu6iith :Sl_lJ\Jfi,·e.:-pr.ot~teg Qasfd.J)Jiih¢Lra,iJ.~ W.?.t!l!.~-!1ll!11.l?e.r, of d~ys;in -tb-at _l!l(.)n,ti1.Ql)_r_i,ng•,th_e·T~i:t1FQef!rS ts> ·~e ,tqtaLl)urriber-ofd~ys'.in~thafmontli.. • -4. :Perfr1itted ;i.'.Js·es'., ,For- the :~Ui'_atton,of·ti,e Tei'_111,:th¢ Pre.m"i~_e§'. $~_c_!il :be: u.sed for 1pc!r:~!Q~ ~.Y ~l~~ge_n_e~a, ·'puqii_£;~_ncfi.n_~_i~.~i:i.t~.r-u!?~r r.1?.L~Jiµg· ~~r~f.() .(th~ !'Pe~itted lJses?!), ~nd for. :n·o otl-ier ,purpcfse; 1su9ject- to the follo\ving- c:"oriditio"ifa:; (D ii"o ove·rnight P,arking stiall b¢ ·p¢rm1tt~d;::(ii);patkh1g for ea.~h v¢h_i_cie us_~d:by a 111e.mb.er·ofitie1g~l}_e1q!:P.~9U.~ Jlj~!l -~.e liipiteq · fo:J.m~.~ ~()f·hq ~~5-:, (Q ~,-·a,l).y t\.\'.enty {our· (7.4): h,qu,~ · per_iod,_ prq viifoc( li:ciwever, t}fatf.tlfo ti me 1fori its 1may. ,be,adjt'.isted, by. ;friufual consent 6f°tthe ·parties; (1H} ·any v~l1iclei (up• to· th.tee. (3)] u~ed ~y. .. c·urtent ~e~pioye_ej :o(¢_urrent ◊r :subse_qu~nt teI)aris: -~sii}g .th.e, P_r~mi5-i~ ·(qr ~mp\oy~~ parRirrg,_ may·p~tti!J,~ay:9..!tto.e.· Pnm:iLs~~' b_l,!t-Oajy if.sueµ yeN~l~,~ ... as ~ mirfor;harigei\perrriitfor such all ;q_aY: ti's~, clearly· ,posted;{ ~nd l(1v~-ariy·:6ther· 111l es :ahd, reguladcihs that G:tty• may :impose·-on ·tl,e :g~rietal· public :f'ohhe u~se;·of•the Preniise·s. The °()ropertr .may- be .u.~~P ai ?n:i11dividual pyblic -2-.
6-21-22 I 4K-3
'.P.<lfRi.i?g resb~i_r_c;~ QI ii;i;,p_oniJfo1l!fiCli '!Yi!li•!th_~ J\dj~c¢f11: HR.l:ilP.W.kmg ~l.9.f '(~N~.i Q5.~~,0.~J/Q4·:a,1j"<t fQ.58.~p~t-aS.Q). ~$' d~P.i_d~~ ~µyExhibiti''B,'-'· :Jf~h_e··:I{RH P:~..tfo.1fr~!iJp: ~gre.s:j"'. ~Q! p_rqv@~, R~,l?Jjgi M~~I ·=parking. •
S. finprove·m·ent:-and' Maintenance o(Rremises·: 'Gity, at'. its: own ·co'st_. and ex:p_ense; .s._h_a!! 1:/e ~~sponsib!e·fodJie !ifuprpy~IJ.l~nt and m.~f9foQ®~~;·;~ nie~~~-9;:o_f th~ P._r:emis.e..s f9r use as a public parking lot, includin&lbtif not· limited•foi '(iffemoving trees; :(!i):surfacing the parking lot; ((1i) striping parlaiig lot; sjiaces; and (tv) ·pro:Vicilri'g sighage,. ·as needed. S1~lnage shali indi~ate; y,rhere City ~eten:riih~i· i$,:.~Pim>priate;"ttiat:'th~:,P.ar.ki~g I_Qb~ qp_eri f9~ u_s~ l?y the general public.. • • • • - ·' •

6. Insifranc"e.
:9.D ,General· Uiability. City shall ob.iajp ·Mg.lke_ep~!n f9rce anq ~ffect f9r ~.be entiie:Temi a comniei:ciaLgeneral ·lfabilify insurance·policy•wliich'names Owner as.arf add!tiori'al "insured, 'protecti'rig ·a:galii"st dalms ·o'fbociiiy _injury, ·persoriat inJut-y, __ aQcf property·.damage:·based ,µp_Q.!);. _jnyc;>lyi_n.g,,··,oi' ?.ds.ing 9.~t _q_Lil:}e'·µse 9_r _ma.i_nte11ll!J.S~ ·9lt.h.~ fi~rrii~_~s by Qity.: S\:lch insuraiice;shall ,-be,on an occufr~frce basis.pfoviding·single 'tfm1t coverage -hi,.ari ainouht>riot iess 'than One. M(llioti' Dollars1($·i):5o:o,ooo:ob)_'per. o_ccurrence·. 6:2 ,Certificates:··. Cify ~Q~ll prnxide· tQ. '@\V.Q~I· ~ • ce_rt_i_(ic:?!I? qf in_SL!ra,nc:e evidencing insurance: cover~g~Hif provided herein-no later~tharl.r- tife date .fhar is tlifee,.(3) weeks after-the-.Commencemei1t ·oate/ and ,tkerea:fter- as· reqi.ieste·c1 ~y-,Owrier iint·i jl the',tennihation-. 0 f this Aw.eem_en_\, • •

6.3 Self=fnsurance: Ih,.lieu,9filie.:oqljg?ti.ons:set-.forth. in s·ecticm6. l-and:6.2 above, City may 'satisfy its :c>B'iigation .to :provide 'g'enefai H'abtii~y '.ins'flfanc_e for the. Premises ·.thz:9µgh; a ·s~lf;insur;inc:~':progr~!l:f; ... but p_nly if City-.r~roai.i:1~ ~iWfo.~_t,l_re.~f fo.r :110 .les_s -~han One .MiJUor Qtj!]~s ($1,999,QQQ'.'QQ): .i.f.l:JJ.a_p_il_i_ty ·¢!?i,ms_. -I~. th~ -~y~nt;tthat- ·C:}ty is self"insured_,. City -shall deliver-• to Owrfer, ,'rio· later-1tfian· the -date, that is three· (-3) weeks:,aftei<the Commenceme'f1t • Oate,:.a stat~ment, c_ertl't'foat:C·;,,9t,·9_the{ p~qof of fu:ian~i;iJ f~SP.QD.~iqI)ii),,.1 9u!y··acl<.r)9w.ledg~d ~Y City;s;~titltpri_zed. rep_r~~e1f~jfr~;1f<>r One.Millic;m Doll~r·($_l-;QOQ,OQO.OOj:in:self-instirance .. -7. .Indemnity.. City. shaii: . indemnify"; defend_; and'. 11:iold harmless ·Owner .and its offi¢ers, Qfficlits.;.'emp(~ye¢s; ~ag~i}t$, <;irrepreSetJ.tati\'.~S ·c C9l.l.~~-tiy~Jy:,~h~. "Ir;t~_ei:nnit~~.S:!)..against any·,a_n~foiff claiins, deina'i-1ds,. causes ·of action, damages,. co·st~-,! expeiises;Josses,ahd ;' liat5ilitie~·, ·at :·laW;_of.,itiie.cfu{~y-,arising oi.i(of-"o:r1reiattng to,(i)''apy a~tiv"ity,::o.r"~ofk"dori~·;· p~rr.riit:teg, 9f ,:s_u_ff~red ·9!J._ t~~ f~~mis;s; .(i_i).~~-~ :ofJ!}~i _p_r~rri_i_s_es. !?~/¢i~y and its':officers, officials', eineloyees, agents, • (repfesentatfv.es·, inv.itees,. patron's, or sub~tessees; or (iH)'the racts •Of· 'orrihsicins,'9((;:iry ·or: its '.9.ffi<:?~(S; ,o.ffi_c_t~ls, .er_np!<:>xees; .a~E:~t~; .. Qr _r~p.res~m~t_iy~~ .a~_tipgjr !?.,:!!' q,ffj~i!ll. ~apa~i_t)'·, This (qidei:nmty·_sha.ff spe_cifically'inclµae.,the,right~to itiderririificatioi'Cfo-fdinY•.clairrfa;;deiffands, cause·s . :~f~Ji'ion, d'am7aies, costs, extieiise-s, losses:ancfifao1ffties: at law .or in ~qui_ty··~:ri~'ing~fi.om _tijtf~.1/.i~ '9r:, o_rtli~_S)().f:l_S,i':V.~~th~q1egli~~f.lt, re~k!ess; wil1~1Jor qJJ:iw.ise;· 9f <!l}Y m~TTJQ.~r:qf t}iq:~ubl_i~ (as :·~viHeW-1JJ~-;q~J}.ile_d':b¢!9w) _while .t~~i: m~~-~eF~f t~e pub Ii~ ,is ?r was. o-n':or·abotinh~:. Premises.

NotWith'standiii.g: ,the- forgoing-. :senten'ces 'in .this· :Section 7., City -snail. have ·110 ob\ig~tion to _ina~mrii"fy, ;_c,Jefend;-_an<,i h.Ql_d·,'.n.~l~s.s t~~-_ln_g~IT1.!litee§. fqr. ?OY cJaJm,· d.~f!l'1Ild; C!ll!Se 0·9f,action, _d?JD.~~es,. wst;,,- expE:fl_~es, lo~~es @d l_iabilities -arising from• ·or re'lating .to -(i) ·a pre-existing -J6-21-22 I 4K-4
~1J9ir6~enta1 ;2qpci_itfon t·cYrjtem,ii}g h~ ;µ-.dq\1s. ~-u~_si.an_c_e~iQIJ.'. 9.r'.J:!.t:l_c!~ Tu.~ '..Pl'§.1!1i.te.~;fQr~(U)~anY, '9eglige_1Jl, ·reck.l~~_s;-Orl~jllfuI Act:,0{9_J1!,ij~fo1_1 of•Ln~~[I1J}g¢~(s}wtii.l~rgmqr. ~b9uf-the Pi:~ni.f§~_, •• . For .P.':'~·9~~~ •this· Agr~einent; the_ te~. '!fiazafi:i5i.is st'i5stance''. ·shaii infan any suostance· of.. ·material: clefiiied· ·or-pesighated· a:s haia,rd9us o( tox.ic ·iN~te, h?zarqous .or toxic .m~terial, :a hl:"!-4~rdous qr .tQ~ic,:; ~µl;>~t~ce, or p'~~r. ~jIIJ.iJJl.f t~rm.: py -~Y. fed~rih -~~te, or 'locli_l environmental statute, regulation; ·or ordinance: ;Foi-" -pt.ifpos·es of'·tliis' Section 7",. the term "membet,ofthe p·ubHc;; shaii fueail" any. pefsori:°C>the'r the offid~rs;:\:i.fficiais, e·mp!oyees;· agents, ·or:
represeJ1tatives, ·ad_ing_ ii:i 8!1' off~c.i.?H~~pa(ify, c;>J.-Olvner 9r'Ci\}'.,

8. ,Peaceable .Rossession.. Owner hereby warrants: arid repres·etits :that it' has -the -authority·to lease: tlie '.PremTses:.arfcf .to, execute:this Agre·e111~fit: 0 .Wnf~· .fur:ther··.co,venants .and -agre~.$ th.?.f; P.lty;,,µg_Q.ri~ ;p_~_r:fQITIJJ.ng, !l!!O. qui,etly .o~s~rvi~g;)fit ·!~~s· ·a_i:ig -conditions of_ t_h\s.

Agreemeti~,shaWliaveitlie,fig~t'.to tiolq;. occCipy,,and,.erijof the Premises for. the Permitted Uses cliifti:igJhe.der'rri S,vithout;any. inter_ruption or-hindrapc~. from ·b'w-r1e.r., its succ.es_§or~. or a~sign_s, ·or :~Y-p."i~S,9Jl orsentify'. l~\VfuJly·~lai_11!lng;_~y'_or Qtrq\lgh.it._ ;9. Default. The: occufrence; of' any one or more·; ,of the foliowing evenrs shaft ·constitute ·a material detauk (;'<lefaf1it';):: (i)'the vacating :9)" :a.b~ndbnmenr of"th_e. I:'remises by ·Qiiy; (ii} -~e:failure)Jy ¢itx .!P'.·RafR~nt~\Vµ~11, :g1.:1e .. p_ur~uinn2 ilii§•~g~~~n,ient,-and ~ch;f~ilur~ continues for a .. period;ci"fte(ri,J:lQ) >d~.'ys1after. delivery 6f written ·notice fr6rii Owner to City .of s-aid fatiure; and .(iil) the· fafiufo; bycelt~er party~ tci ·observe -◊~. perfo.rm .;"aqy. cf.th~. o~ljgations 9f this:

Agreem~nt. tq be obsery~Q. :Q.1: ,p~tf<?.!-:11Jed, oy the respQQ§.il:i!e· p_a..,m-·X9~er· than the -obligation described in clause (ii} ·abov~~ -where: ,such failure either:· _(A) c?m.tiriiies for a 'period of thirty (·30) days· after--deiivefy':of-.wfitteri n·otice thereof~frorn'tne p:aity. ~~~kiqg pe1:fq_rmam:e, or (I3):_1f p~rf6.nm1.nc~ '.~f!!lJlQt -~~: .~9.rn.pLete;g with thµ-ty (GO} -gii.y~, ·curi .9f.'~~h· .failure has n~t· 9c:m1menced within: thirty· '(-~O): :days after. delivery of written- iriotice' thereof .and diligently ·prosecUted· i.!titiLcompi~tiori' with'in.rslxty\(60),cfays of t~e.:expir~tJori 0£;£}:ie_ thil:ty (3"0) dfly_per'jpd_ (for a ·toial -of ninety (90) 1c!a.Y.~):: YP.9.fl, tin even_t o:f,qifa~J! :~f[ '~f!~~ th~ ~xpir_ation of -the· applica_ble cu.re. peribg; .. thi~.i\greemerit and City's righMo -te·ase th'e:fffmises .shall terinihate' ~ipon the;,date thads··.brie;day,_afie·r-·tne-:date ofexpiration,o(t}:ie appJ.icibl~ 9.Ure pefio:d" µn_[e~s _the party ii)_de.faul( cµres·the-c!ifa4!f\.\'.ithi11 ihe applic~ble,cu(e pe.ri.o.~, • • ,1 Q. Miscellaneous.
ro. L Bincfing'~ on Heirs. TIJis Agte~rri¢Q.t sh_all -be . .. tJiiJ.d.4Jg UP.Q_rl i:he paJ1i~~- li.~r~to·, aJ.ltj· J!'l\U:e, to t~ei.r respect_1ve 'repr.es~n.tativ~s, transferees,, successors;.iahd :a·ssigris. ·10.2" Litigation .Exoe·nses.. .ff either party to this Agre;:~rJl~Dt comTJ}e_l}ces an act(:on _l;lg~in~t, Jh~-•q.fu~r P.~· 'fq fliis: ,{\:gre~me,nt ;~isir,lg •<?l;IJ o.f 9~ -in c'onnection with. this:

Agreemen~ .'.tqe prevailing party, shall be. ehtitled.'to .recover ieasorrabie .attor.n~yf fe.e_s; e~pert witnesiffee·s,·t'osts oftffvestigation~ ana costs-ol suit_:from. the• fosin~:p.aity._ {Q!j Notices:.: Al!. 11otj~e.s Teqµjreq_-~o ·9~ _c;if?livered, under, this Agreement to l:lrtotJl~r·pigty Q:ll;ls't, b~ iir writirrn. and -shall:b'e 'effective:- '(i) when persohally-,delive"red by· the otl:ieYparfy'.•or: messengef.or;colirie·r theteof;:(ii)'.three (3):biisipess::days:11,fte.rd~p.o~it in #ie :Onlted States. m~il, :r.egisieted '..or' certified;. (iii) ·one .(I) ~1.,1slne~.? day-;a.fter geposi_t ·before the d~ily 6-21-22 I 4K-5
•• -.. •• i1 , • • _., ~ ; ~. T • • • • •- • • '\ I
,deadli.neiiime:with, ·a i:'ep.utabJe,qVern/gh:~-c:{,urier ,,ck. ser-vic~;\· or~(iy,)>:.tlpon~ (e-c~tP.t i:>ltai;t_el_e:cqffy1 of if_a}{I fra:nsrni~~-iqi:i;; p_ro.v:ic!ed -~ ~~~fc<iP,Y.-'(QfS1\~!)' l:rao~!Tli_s~jsfr1t§h'i!!I:qi.:.t~-r~~ffar~.liy~r.~ir J.1:i°'qrie] . of t):!~ m~QiQq_sJcl<:.~d!?.~g, -_inilli~•fo_~gqi11g :oniy,o~gtj_i(H_i)';;-g1 ~'~~-n,~.~§.e;p9.1t~g~ 'fii!!Y pr~p&,t~,~ -~r 'aadressed;;tcf tlfo resiiective' parties as-.set forth below:_'b"f. foJsudi other address ancfto such other persons·as.th~ P.~J.es nfay, her~after·design·ate.-b);'··wriit.~n~_nq_tlcdo ih~ p_ther parti~s hereto:· To City:

To.OvVI}ef:

Copy.to":

City·.ofi,an c1~rriehte,
·~jty;Hal!
l'ob:A venida.Presidio-
,S~':Cie~~rite: ck 926ii
A;ttµ: -City"M.a,n·ager
Telecopier: (949):)6'1~8_31'6
:sest:.Besf& Krieger, bLP.

I 8;! Q'1 Vqn,Kar:man;-Av~: Suit~ l_0OQ
µ-vine, CA 929'1-2
,Attn:-- Scott c.:s·rnith,J:;sq.,
Telecopi_er: (949)::2:60'..Q_9)2
Cyntliia Taylor,Carrick, w"/ilfam1bowlirig Tay lo~,
Marjo_ri~_-taylo_r B9_µghf()_n • • •
·129"i rcaminito.Hesci ...
·s~· Diegil, ·cA-92°13·0
At1;n:: ------
Te_lecopier: -____ _
-Attn:: - - -----
Teiecopieh -----
t0.4 ,Entire:. Agreement: ,Waivers;. ,and ... Amendments,: This Agreement in9orpO~iJ,tes .. all <?f -~~~-· f~mi~:.-,in~-~¢onditions- mentioned ne~el~,, o:r-.· 1nci'deritai heretq, arid :SUpei·seaes:ial_l· -negotiatibn~~·and' J:fre'yiotls agreements '!)_et_we¢h_ '.t_he; p~i~~ with r~spe,ct to all or t.P,_a~f-"C?J'-!fi~t.~µ,_9j~~J;ma:~_~r ·he_r~q_f, l ~J!. .w~iv~f~ .of the1provisions: of·tliis Agreement: m-ust he 'in :writ'frigj and: "r,tgned 15)" tlie ·approp'fiate authorides,otth,e party'tb :oi! d~a,rge~, .'A waiv~r-c>f the ·b.~.e~_cti·,:c?.fw~ C_Qy_e_q~~t§;.:c9~n9jiJ9.nsr<>r: 9..~l.ig~tibi11 ~-n£!~r'this:A.-gr~el))~rit:by. either-parfy.-snall.not \ b·e:const~ed'as a•waive"r ofomY'sii'cceediijg, oreach, ofthe 's'arrie,of-~6tlier, ctj,venant!i; coqditio/1,s q"t ,:O~_ligatiqn~ o'f Vii~ :A,gi:eement.' Ar:iY "ai:r)~hdqi,e11t·:·qr !IIQQ_i:f.i.9~t,i9n-:fo '#ii.s-:Agr~erperit m~sf be,iin wr_Whgl_.µ:iq ~-~e~u~~d'.by,'the approp~iate ~uthorities.of;Cify ahd Owner:

I 0.5 friforpretatlon; Govemrng-. .La\v. This Agreement shatf be c:onstrue_d racco~rciing .. to '1ts;faii':mean1ng-;iind as'iFptepi:iteci by· ~n ~f the• pfir.fje~ih..~.r.e(o., "Tl.* t,\gi:~e.me9-~ •.sh~! I 'b_e:~9n§fon;d,i~1fi.c~~rg13nc~:w.Hh ~~e _in_t~r!}_al Ja_~{9f.the·Syi~~,9f·~ali~oriiia•wlthoutfogatd.to.-aiiy co~flict of;law principles iri effect artli'e 'time· of tti'e exec-utiofi'·.of this A'.gteement:
6-21-22 I 4K-6
'!Q!_(j_ • • 'Severfoi}~_: . J(~n~ .p.rn.!5-ig_l},-gf:~b.i?! :J\_gr:.~~meJJ.t-: ~J .b.~!_gd~y. t~ g,9.~_1:t. p'f, :c9mp~t~~t jµtj~d_js;_t_i.9.p_ \q ).~ IJJY~~l.i9-l, ,y<jtg; _ _:Qr .~!l~!_lJQ~f~_i1~, Jhs ·r~1:!~iiiiQg-;P[QVJ§lqx15- :W.i!J; :nevertheless coritinue.:ih.:full forceiwitliout be ing impaired 6r-linvali8atediinfa~y'.'w"af i o::i Force. Majeure. in the, e>i,en1...t6at; eiih~( parry is de.ta ye~; Jljndered, ot -P.r..t?.vent~_cf frqJil_ pe~fQIJT1i1J_g; cmy •. aft reqµ_iJe_<:I_ h~r.~Y.f.l~~er_ :~y -~~~9Q :~(~~ti.~~s, '._loclcouts,-or oth~r .labor. troubles, inability to procui'e~or-,shortag~ of-materials or•.sui'Yplies·, failure of-power, energy- ·shorta·ges; ·restrictive goveforrieiita!Jay;,s ·or. regulatto-ns·, itJ¢krrien~ '!Ve~ther, ·ffr_e,. ·~·xplp·sion, e_;irth_g_uaj<~ or~t~er. c~s4_a,lD'.~1.r:\Q.~;; lD.!>.U.r.r.ection, w~; ?ct 9"fiQq_q,_iOI_9!b~f;9,~~~es th~£ are.:~it.hou,t the· fault-arid beyond ·the ;feasoriaole -co'ritrol of.su"ch P,arfy, ;tlf'eff the,_pef.formance of· the party· obligatea to perform;,1,1nd~r- ..f6i~-r-~·gr_e~ment shall b_e excu_sed (o.t ,a_i:i._dl,~xtende_d by·_the_ perio'<;f of such,d_elay,., •' •
T0:8; He'itcfi°ng-5:. •.Sectforfand Subsecfion:h'eadlil'gs injHfs:-Agreemerirhave. bee·n jnser:t¢d ·soI¢(y_ for.- the· tpn_v.~iftehGe•~o fthe parties, and su.¢h~c.aptiQt1.~; he~h:ig~;--and titles shall ip !:19•':Y!l-Y g~f.i~i o_rlimit ~J:i~ s99p~; 'i_h~~_rif;,or appli_<;~tipn ·of ar1y,prqv_\~i9_!f1o'f.th_is Agreement._ . .t0:9 Time. is :of ·.the· Essence .. 'Time is of.thei essence, with. respect to every- _t>ro~isio:ri-:of thi~ A,gi:e¢rri'ent. • •
IO. IO· . Computation o'f Time. lJnl~ss'qtherwi~~ ~P~~if~c;I i_n_ "tj:ijs/~.g~eernent,,·~se· of the word· "davsi' shall.im-ean calenaar-. ·days, and any-provision :requiiirig 'the •co-fn"putatioh of ·time shall be ba;·e·d up6~ a ·stirTdhllftiiericl'a:r.of. three:huf1dre/:i'iiixtf'five af)°d'·oo·e~quai-ter (-3.65 ¼) c!ays. ..
_(_O_.J:.1_ _Executionfin .~ounterpart. 'This .f\gr~~me~~--.m_ay. ,be -executed in .several coliiiterparts, an·d :all so :exec-tited ,sliall ;constitute oife ;agreement bindir\g': on all patties-. hereto, no~ ithstari<lirJ"g that aJl parties:ate:.i;io~ $1gna,toties. to: tf1e·orjgina1'9!)~·e1~am~ c9_unterpaft . . [sigp~Wr~s ~m nex_t p~ge]
-6-
6-21-22 / 4K-7
fN WITNESS WHEREOF, the parties· hereto· have•~xecuie~·this -Agreerrient•11?'9ftb~·9:~.te first set forth.above.

A-TTE;ST:

AP~&
Scott. . . 1t
City Attomey·
GYNTHIA .ri\YLOR~CARRICK, WILLIAM
DOWLING TA YEOR,;,MARJORIE TAYLOR
BOUGHTON ,.

By ·i~4'·1¥:1b-~/a
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6-21-22 / 4K-8
(
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DEPI€TION:OF THE.¥PREMISES:'
Ailey
1: • . -_ -.401 •
.175 Avenida Cabrillo.
60,degree·parldng.layout == 'B'stq.i/s
EXHfBlt "A"
-1 -
6-21-22 I 4K-9
Anotary;pu,biic'Q! Q~J,e_r.c>ffi_c_eJ completing:t.~.i~ ce_r1ifi~te ve.rifies on_ly,t-h~~i~-~~tifX of{li"~' - -··· • 1ndiviqua1_;who~sJgned -t~g;d_o_c1Jn:ier:i(tq whi~h .tliis certificate is a·tladie~,.fand iiofthe:
truthfulness,·accuracy; or.validity•of that document. • ... ·- . . ... . . - . . ... . "' . ... . .

Sti:l~f:! of G_a_lif9m_ia
County of 0 Y-0:-, ¥'5-,€;,
, , ,
On _ _.~b--<1~(1 ll~ ·?b(<?,f/for_~_~rri-~,,,Mrttr~,ew_ H ~(¢s)ti..~: , Notary public, personally appeared VJ;-:\ \\'C...!0, _ 'D~ • :~~\:or ·, who p~oved to me ·on· the:basis•of. satisfactory:ev(de.(1cf to;be.t.h_e person(Jf,'Nho_se,n~IT]~tt1[,?l~:sub~cribed'to.the within in~tFumen~, and ac_~nowle~ged t9•me that:he/~ executed the same:on his~h"0r/their: aut_horizeci.capacity(iesi, and. that by-his/herftheir-signature(iJ,on·:the iii.str"ument the person(m'or the ~11ti_ty,upor;i'.beh_a!f qf "'!hich_ the pers~in(,i acte_d, e~ecut~d '!_he in·stru,:n~,::i_t,
I certify under PENALTY OF P.~!D.URY:urider the;ia.ys of the;St_a~e oJ,Californi~J_t-iatsth_E;! for~going paragraph is true WITl\!E~s·rnv _ba·nci _ancl 9.ffidi:!l'sea_i.
6-21-22 I 4K-10
Departmen,t:

Prepared By:

Subject:

Fiscal Impact:

Summary:

Utilities

AGENDA REPORT

SAN CLEMENTE CITY COUNCIL MEETING
Meeting Date: June 21, 2022
David Rebensdorf, Utilities Director [)(Z
Agenda Item 4L
Approvals:

City Manager (;:)
Dept. Head pf;.

Attorney c::!
Finance -f~

RATIFICATION OF EMERGENCY PURCHASES AND SUPPLEMENTAL FUNDING FOR CYPRUS SHORE PUMP STATION EMERGENCY OPERATION, PROJECT No. 12209 AND CYPRUS SHORE STORM DRAIN EMERGENCY RELOCATION, PROJECT No. 12004.

Yes. For the Cyprus Shore Pump Station Emergency Operation, Project No. 12209, $795,400 has been budgeted for the initial 210 days of emergency bypass pump station operation. An additional 90 days of operation is recommended with funding from a supplemental appropriation in the amount of $357,225 from the Sewer Fund Depreciation Reserve to Account No. 054-476-45300-000-12209.

For the Cyprus Shore Storm Drain Emergency Relocation, Project No. 12004, $451,000 has been budgeted, and a supplemental appropriation of $98,412 is recommended from the Storm Drain Fund Depreciation Reserve to Account No. 059- 553-45300-000-12004 for relocation design.

There is sufficient fund balance within the proposed funds for the recommended supplemental appropriations.

Coastal bluff movement at Cyprus Shore necessitated an emergency response to ensure uninterrupted wastewater and storm drainage. On September 20, 2021, City staff installed a temporary emergency sewer bypass pump system adjacent to the Cyprus Shore Clubhouse near the intersection of Calle Ariana and Avenue de las Palmeras. In order to protect public health and safety, the City Council ratified the emergency Professional Services Agreement and construction contracts approved by the City Manager with AKM Consulting Engineers and O'Connell Engineering and Construction, Inc. (O'Connell) and an initial appropriation of funding for expenditures, including construction management/inspection services for Dudek Engineering, material purchases and rentals at its October 19, 2021 City Council Meeting. With the need for continued operation of the pump station with pump watch while a more permanent facility is designed and constructed, additional operational funding was approved on December 7, 2021, February 15, 2022, and April 5, 2022. To allow for procurement of materials and construction of a temporary pump station, an additional 90 days is needed for emergency wastewater pumping operation.

Utilities Agenda Report
6-21-22 / 4L-1
Agenda Report Page 2
Background: Cyprus Shore Pump Station Emergency Operation, Project No. 12209 To continue sewer service to approximately 400 homes within the Cyprus community while construction is completed of a temporary pump station with electric power and monitoring capabilities, additional funding for pump watch and equipment and materials is needed. Staff is anticipating 90 additional days to allow the contractor to procure material and start construction. The contractor is working on a schedule to temporarily operate the pump station without requiring in person pump watch.

Procurement of materials which impacts sequencing of construction is delaying the schedule to eliminate pump watch. Additional time and funding for in person pump watch is needed to ensure uninterrupted service and to prevent a sewer spill.

Staff is recommending the City Council ratify the City Manager's approval of a contract change order for as needed pump watch based on the estimated costs for rental and purchase of materials, such as, electrical equipment, piping, pumps, emergency generator and fuel to operate the temporary pump station as shown below.

Emergency Wastewater Operation Cost Estimate
Pump, Piping and Fittings
K-Rail
Generator
Diesel Fuel
Pump Watch (O'Connell)
Contingency 10%
Subtotal
Total (Assumes three months of operation)
$ 8,200/month
1,075/month
11 ,000/month
3,800/month
85, 000/month
10,000/month
119,075/month
$357,225
Cyprus Shore Storm Drain Emergency Relocation, Project No. 12004:

Due to the recent landslide at Cyprus Shore development near the Club House, the City's storm drain system was compromised and needs to be replaced and relocated with a new permanent below grade storm drain system. The new storm drain will include approximately three catch basins on Avenida de Las Palmera just east and west of Calle Ariana, and one catch basin on Calle Ariana east of Avenida de Las Palmera, as shown on Attachment 2. The captured storm runoff in these catch basins will be conveyed, via a 36-inch HOPE pipe and possibly one smaller diameter pipe depending upon the hydraulic analysis, through the HOA's private park joining the existing storm on the westerly side of the park.

Since AKM Consulting Engineers (AKM) designed the temporary relocation design and study for this project and are very familiar with this area, staff requested a proposal for design and preparation of a bid package, including construction support services.

AKM provided a proposal in the amount of $98,412 for this work. Staff reviewed their proposal and the City Manager approved a Professional Services Agreement. Due to the emergency caused by the landslide and the need to improve drainage in a timely manner, staff recommends ratifying the Professional Consultant Services Agreement with AKM (Attachment 8). The City Manager has the authority to approve emergency 6-21-22 I 4L-2
Agenda Report
Recommended