San Clemente City Council
February 7, 2023

910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Council Chambers
Mayor Duncan
Mayor Pro Tem Knoblock
Councilmember Cabral
Councilmember Enmeier
Councilmember James
5:00 p.m. - Closed Session
6:00 p.m. - Business Meeting

CITY OF SAN CLEMENTE
Tuesday, February 7, 2023
City Council
Regular Meeting Agenda
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 Council Chambers and turn it in to the City Clerk or Deputy City Clerk. • Persons wishing to address Council concerning an agendized item will be invited to address Council during the time that Council is considering that particular agenda item.

Persons wishing to address Council concerning a non-agendized issue will be invited to address Council during the “Oral Communications” portion of the meeting. • 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.

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.

1 City Council Regular Meeting Agenda February 7, 2023
CLOSED SESSION (5:00 P.M.)
A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Existing litigation pursuant to Government Code section 54956.9 (d)(1) Number of Cases: 1
Case Name: City of San Clemente v. Foothill/Eastern Transportation Corridor Agency, et. al.

Riverside Superior Court Consolidated Case No.: RIC 1800232 CA Court of Appeal Case No.: E078045 (Fourth Appellate District, Division 2) B. PUBLIC EMPLOYEE APPOINTMENT
Pursuant to Government Code Section 54957
Title: City Attorney
BUSINESS MEETING PART 1 (6:00 P.M.)

CALL TO ORDER
INVOCATION – Pastor Jared Powell, Paradigm Church

PLEDGE OF ALLEGIANCE

ROLL CALL

1. Special Presentations
None.

2. Oral Communications (Part 1)
Members of the audience who wish to address Council on matters that are within the jurisdiction of the City of San Clemente, but not separately listed on the agenda, may do so during the Oral Communications portion of the meeting. Speakers may address Council once during either Oral Communications Part 1 or Part 2. A total time limitation of 30 minutes is allocated for Oral Communications Part 1, with each speaker being allotted 3 minutes in which to give his or her presentation. Speaker order is determined by the order in which speaker cards are provided to the City Clerk or Deputy City Clerk at the meeting. Speakers that cannot be accommodated during Oral Communications Part 1 will be invited to address Council during Oral Communications Part 2, which appears on this agenda as Item No. 10. 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.

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

4. 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.

5. Closed Session Report - City Attorney

2 City Council Regular Meeting Agenda February 7, 2023

6. 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 CITY COUNCIL REGULAR MEETING MINUTES OF JANUARY 17, 2023.

B. Commission/Committee Minutes
Staff Recommendation:

Receive and file the following:
(1) PUBLIC SAFETY COMMITTEE REGULAR MEETING MINUTES OF
NOVEMBER 22, 2022.
(2) ZONING ADMINISTRATOR REGULAR MEETING MINUTES OF
JANUARY 19, 2023.
(3) PLANNING COMMISSION REGULAR MEETING MINUTES OF
JANUARY 18, 2023.

C. Warrant Register
(1) APPROVE WIRE TRANSFER NOS.
2782 THROUGH 2786 AND WARRANT NOS.
585727 THROUGH 585877, PAID ON
1-13-23, IN THE AMOUNT OF $5,524,086.15
(2) APPROVE WARRANT NOS.
585878 THROUGH 586000, PAID ON
1-20-23, IN THE AMOUNT OF $746,838.48
(3) APPROVE WIRE TRANSFER NOS.
2787 THROUGH 2790 AND WARRANT NOS.
586001 THROUGH 586126, PAID ON
1-27-23, IN THE AMOUNT OF $1,013,598.66
TOTAL WARRANT REGISTER $7,284,523.29

3 City Council Regular Meeting Agenda February 7, 2023
Payroll Register
AUTOMATIC DEPOSIT ADVISES 83278
THROUGH 83523, FOR THE PERIOD
12-26-22 THROUGH 1-8-23, PAID
ON 1-13-23, IN THE AMOUNT OF $443,006.48
WARRANT NO. 894 AND AUTOMATIC
DEPOSIT ADVISES 83524 THROUGH
83785, FOR THE PERIOD 1-9-23
THROUGH 1-22-23, PAID
ON 1-27-23, IN THE AMOUNT OF $449,430.88
TOTAL PAYROLL REGISTER $892,437.36
D. RESOLUTION TO AMEND GOLF COURSE FEES FOR PLAY UPON THE

MUNICIPAL GOLF COURSE
Staff and Golf Course Committee Recommendation
Adopt Resolution No. 23-02 entitled A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF SAN CLEMENTE, CALIFORNIA, ESTABLISHING CERTAIN

FEES FOR PLAY UPON THE MUNICIPAL GOLF COURSE, AND REPEALING RESOLUTION NO. 20-70.

E. MEMORANDUM OF UNDERSTANDING (MOU) - GOLF COURSE BLOCK TEE

TIME RESERVATION FOR SAN CLEMENTE EXCHANGE CLUB
Staff Recommendation
Approve, and authorize the Beaches, Parks & Recreation Director to execute, Contract No. C23-04, a Memorandum of Understanding, by and between the City of San Clemente and the San Clemente Exchange Club, providing for tee time block reservations.

F. FEE WAIVER REQUEST - SAN CLEMENTE WELLNESS AND PREVENTION

CENTER FAMILY FEST SPECIAL EVENT PERMIT
Staff Recommendation
Approve a one-time fee waiver for the Wellness and Prevention Center's 2023 Family Fest event to be held at Jim Johnson Memorial Sports Park in an amount not to exceed $3,934.

4 City Council Regular Meeting Agenda February 7, 2023
G. CONTRACT AWARD - AVENIDA MONTALVO CANYON AND TRAIL

IMPROVEMENT
Staff Recommendation

1. Approve the Plans and Specifications for the Avenida Montalvo Canyon and Trail Improvement, CIP Project No. 16004.

2. Approve, and authorize the Public Works Director/City Engineer to execute, Contract No. C23-05, by and between the City of San Clemente and Diamond Construction, providing for the Avenida Montalvo Canyon and Trail Improvement, in the amount of $180,000.

3. Approve, and authorize the Public Works Director/City Engineer to execute, an Agreement (Contract No. C23-06) for Sale of Mitigation Credits, San Luis Rey Mitigation Bank, by and between the City of San Clemente and Wildlands SLR Holdings I, LLC., providing for the sale of mitigation credits for the Avenida Montalvo Canyon and Trail Improvement, in the amount of $24,600.

H. CONTRACT AMENDMENT - DELIVERY OF 12.5% SODIUM HYPOCHLORITE.

Staff Recommendation
Approve, and authorize the City Manager to execute, Amendment No. 3 to Contract No. C18-50, by and between the City of San Clemente and Waterline Technologies, Inc., providing for Sodium Hypochlorite deliveries. This contract amendment increases the contract amount from $72,420 to $102,420 (an increase of $30,000).

I. NOTICE OF COMPLETION - CYPRUS SHORE SEWER LINING
Staff Recommendation

1. Accept the Cyprus Shore Sewer Lining, from the contractor, Sancon Technologies, Inc., Project No. 12209.

2. Authorize the Utilities Director to execute, and the City Clerk to record, the Notice of Completion for the Cyprus Shore Sewer Lining.

3. Authorize the City Clerk to release the Payment Bond 35 days from the recordation of the Notice of Completion upon verification with the Utilities Department that no liens have been levied against the contractor, Sancon Technologies, Inc.

5 City Council Regular Meeting Agenda February 7, 2023
J. RATIFICATION OF EMERGENCY PURCHASES AND SUPPLEMENTAL

FUNDING FOR CYPRUS SHORE PUMP STATION EMERGENCY

OPERATION
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 if required to incur delays attributed to the typical engineering design and public competitive bidding process.

2. Declare that the public interest and necessity demand the immediate expenditure of public funds to safeguard public health.

3. Approve a supplemental appropriation in the amount of $714,450 to Account Number 054-476-45300-000-12209 from the Sewer Fund Depreciation Reserve.

4. Approve, and authorize the Interim City Manager to execute, Change Order No. 06 to Contract No. C21-41, by and between the City of San Clemente and O’Connell Engineering and Construction, Inc., on a time and materials basis for the Cyprus Shore Emergency Pump Station Bypass Operation, in the amount of $510,000.

K. ACCEPTANCE OF EMERGENCY ACCESS EASEMENT LOCATED AT 501 AND 515 AVENIDA VAQUERO-SHORECLIFFS SENIOR APARTMENTS AND

SHORECLIFFS GOLF COURSE
Staff Recommendation

1. Accept the Grant of Easement for Emergency Ingress and Egress from GS-SM San Clemente Owner, LLC and GC-8, LLC.

2. Authorize the Mayor and City Clerk to execute the Grant of Easement for Emergency Ingress and Egress and Certificate of Acceptance.

3. Authorize the City Clerk to record the Grant of Easement for Emergency Ingress and Egress and Certificate of Acceptance with the Orange County Clerk-Recorder.

6 City Council Regular Meeting Agenda February 7, 2023
L. CONTRACT AWARD - RICHARD T. STEED PARK SLOPE EROSION

REPAIRS
Staff Recommendation

1. Make a finding that an emergency exists in providing erosion repairs on the slope adjacent to the ball fields at the Richard T. Steed Park to potentially prevent or mitigate impairment to property and public services, that might otherwise occur if required to incur delays attributed to the typical engineering design and public competitive bidding process.

2. Approve, and authorize the Public Works Director/City Engineer to execute, Contract No. 23-07, by and between the City of San Clemente and O’Connell Engineering and Construction, Inc., providing for the Richard T. Steed Park Slope Erosion Repairs, in the amount of $98,460.

7. 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.

A. APPEAL OF MINOR CONDITIONAL USE PERMIT 22-197, PRIMO FOODS BEER AND WINE, 2801 S. EL CAMINO REAL
Continued public hearing to consider a City Council initiated appeal of the Zoning Administrator's approval of Minor Conditional Use Permit 22-197, Primo Foods Beer and Wine, 2801 S. El Camino Real, which approved beer and wine sales at Primo Foods Market and Deli for off-site consumption, with hours of operation from 8:00 a.m. - 8:00 p.m. daily. The project does not propose changes to the existing market.

Staff Recommendation
Affirm the Zoning Administrator's approval of Minor Conditional Use Permit 22-197, and adopt Resolution No. 23-03 entitled A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, APPROVING, MINOR CONDITIONAL USE PERMIT 22-197, PRIMO FOOD BEER AND

WINE, A REQUEST TO ALLOW BEER AND WINE SALES FOR OFF-SITE CONSUMPTION LOCATED AT 2801 EL CAMINO REAL.

7 City Council Regular Meeting Agenda February 7, 2023
B. BILLING FOR 2022 WEED ABATEMENT PROGRAM
Public hearing to consider all objections or protests, if any, to the costs of the abatement of weeds, rubbish, refuse and dirt upon streets, sidewalks, parkways and private property within the City of San Clemente and to the assignment of these costs to the properties on which the abatement was completed.

Staff Recommendation

1. Waive the City’s notification costs for the compliant property owners.

2. Approve the Weed Abatement Report.

3. Authorize the Weed Abatement Contract Administrator to bill the amounts indicated in the report to the appropriate property owners.

8. Unfinished Business
A. CONSIDERATION OF PILOT “GREEN LINE” TROLLEY ROUTE
Staff Recommendation

1. Establish the operating timeframe of March 11 through May 21, 2023 on Saturdays and Sundays for the pilot “Green Line” Trolley.

2. Direct staff to pursue the inland route or the southern route for the pilot “Green Line” Trolley.

3. Direct city staff to collaborate with LAZ to establish the precise curb locations and signage for the temporary pilot route.

9. New Business
A. PROCEDURES FOR ELECTING COUNCIL OFFICERS AND APPOINTING

COMMISSIONERS AND COMMITTEE MEMBERS
(Agendized at the December 20, 2022 City Council meeting).

Staff Recommendation
Adopt Resolution No. 23-04 entitled A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF SAN CLEMENTE, CALIFORNIA, AMENDING CITY
COUNCIL POLICY AND PROCEDURE 1201-11 (COUNCIL MEETING AND

OPERATING PROCEDURES) TO INCLUDE POLICIES FOR THE ELECTION

OF MAYOR AND MAYOR PRO TEMPORE AND APPOINTMENTS TO CITY COMMISSIONS AND COMMITTEES and amend Sections 4.2 and 4.8 of Policy 1201-11 concerning Council Election of Mayor and Mayor Pro Tempore and Nominations and Vote on City Council Appointments to Commission and Committees.

8 City Council Regular Meeting Agenda February 7, 2023
B. ELECTION OF MAYOR PRO TEM
(Agendized by Councilmember Cabral with the support of Councilmember James at the January 17, 2023 City Council meeting.)
C. INITIATION OF ZONING AMENDMENT TO CHAPTER 16.50
(STATE-MANDATED SUBDIVISIONS) AND CHAPTER 17.86
(STATE-MANDATED RESIDENTIAL PROJECTS) OF THE SAN CLEMENTE MUNICIPAL CODE TO 1) ADD LANGUAGE FOR NON-CONFORMING

URBAN LOT SPLITS AND TWO-UNIT PROJECTS AND DISCRETIONARY APPROVAL, 2) REVISE LANGUAGE FOR VERY HIGH FIRE HAZARD
SEVERITY ZONES, 3) REVISE ALLEY SETBACK AREA STANDARDS, IN ACCORDANCE WITH CALIFORNIA SENATE BILL 9
Staff Recommendation
Initiate Zoning Amendment to Chapter 16.50 (State-Mandated Subdivisions) and Chapter 17.86 (State-Mandated Residential Projects) of the San Clemente Municipal Code to:

1. Add language for non-conforming urban lot splits and two-unit projects and discretionary approval.

2. Revise language for very high fire hazard severity zones.

3. Revise alley setback area standards, in accordance with California Senate Bill 9.

D. ACTION PLAN REPORT FOR ADDRESSING CITY’S ANTI-CAMPING CODE

COMPLIANCE AND ASSOCIATED PUBLIC PROPERTY MAINTENANCE

EFFORTS
Staff Recommendation
Receive and file the Administrative Report dated February 7, 2023, and on file with the City Clerk.

9 City Council Regular Meeting Agenda February 7, 2023
E. CONSIDER SUBMITTAL OF AN APPLICATION TO THE CALIFORNIA

COASTAL COMMISSION AND THE ARMY CORPS OF ENGINEERS TO

AUTHORIZE AN OCEAN CAPABLE DREDGING VESSEL, WITH A TRAILING

SUCTION DEVICE, TO DREDGE A SWATH OF APPROPRIATE SAND

QUALITY SEABED NEAR THE BEACH, AND SIMULTANEOUSLY SPRAY

THE SAND ONTO THE ADJACENT BEACHES
(Agendized by Mayor Pro Tem Knoblock with the support of Councilmember Enmeier, and Councilmember James at the January 17, 2023 City Council meeting.)
Staff Recommendation

1. Determine submittal of application to the California Coastal Commission and the United Stated Army Corps of Engineers for rainbow dredging is not subject to CEQA because it does not constitute a “project” as defined by CEQA Guidelines.

2. Provide direction to staff as to the City Council's desire to submit an application to the California Coastal Commission and United States Army Corps of Engineers for rainbow dredging approval.

F. DISPLAY OF PHOTOGRAPHS AND OTHER WORKS AT CITY HALL
(Agendized by Councilmember James with the support of Councilmember Cabral at the January 17, 2023 City Council meeting.)
G. CONSIDERATION OF TAKING MINUTES IN CLOSED SESSION
(Agendized by Mayor Pro Tem Knoblock with the suport of Councilmember James at the January 17, 2023 City Council meeting.)

10. Oral Communications (Part 2)
Members of the audience who wish to address Council on matters that are within the jurisdiction of the City of San Clemente, but not separately listed on the agenda, may do so during the Oral Communications portion of the meeting. When invited by the Mayor, please step to the podium, and if you wish, state your name and the City in which you reside, and make your presentation, not to exceed three minutes. Subject to very limited exceptions, Council is not permitted to discuss or take action on items that do not appear on the agenda.

10 City Council Regular Meeting Agenda February 7, 2023

11. Reports
A. Commissions and Committees
B. City Manager
C. City Attorney
D. Council Members
(1) UPDATE TO COUNCIL APPOINTEES TO REGIONAL COMMITTEES,

COMMISSIONS AND CITY COUNCIL SUBCOMMITTEES
Staff Recommendation

1. Update Councilmember appointments to various regional committees, commissions and boards.

2. Update Councilmember appointments to carious City Council subcommittees and dissolve old subcommittees.

3. Determine whether to establish a citizen's subcommittee to analyze the feasibility of an amphitheater. If it is determined to establish a citizen's subcommittee, each Councilmember will appoint a citizen, and notify the City Clerk of that appointment.
(2) REQUEST TO SUPPORT SB44 (UMBERG): CONTROLLED

SUBSTANCES
E. Council Subcommittee Updates

12. Adjournment
The next Regular Council Meeting is scheduled to take place on February 21, 2023.

Closed Session will begin at 5:00 p.m. The Regular Business Meeting will commence at 6:00 p.m. The meeting will take place in the Council Chambers, located at 910 Calle Negocio, 2nd Floor, San Clemente.

Items to be Considered at a Future Meeting
March 21, 2023: Continuation of Conley Public Hearing on Appeal of Administrative Encroachment Permit E22-0112.

11 City Council Regular Meeting Agenda February 7, 2023

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 Council Chambers, located at 910 Calle Negocio, 2nd floor, San Clemente. Closed Session are considered at 5:00 p.m. and the Business Meeting begins at 6:00 p.m. Additional meetings of the City Council may be called as needed.

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

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

12 AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 2/7/2023 Agenda Item: (1)
Subject:

APPROVE THE CITY COUNCIL REGULAR MEETING MINUTES OF JANUARY 17, 2023.

CITY OF SAN CLEMENTE Page 1 of 1 Printed on 2/1/2023
powered by Legistar™ 13

CITY OF SAN CLEMENTE
Tuesday, January 17, 2023 5:00 PM
City Council
Regular Meeting Minutes
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Council Chambers
5:00 p.m. - Closed Session
6:00 p.m. - Business Meeting
Mayor Duncan
Mayor Pro Tem Knoblock
Councilmember Cabral
Councilmember Enmeier
Councilmember James
These minutes reflect the order in which items appeared on the meeting agenda and do not necessarily reflect the order in which items were actually considered.

A Regular Meeting of the San Clemente City Council was called to order by Mayor Duncan on January 17, 2023 at 5:00 p.m. in the San Clemente City Council Chambers, located at 910 Calle Negocio, 2nd Floor, San Clemente.

PRESENT: Cabral, Enmeier, James, Knoblock and *Mayor Duncan *Mayor Duncan left the meeting at 9:38 p.m.

STAFF PRESENT Sean Joyce, Interim City Manager; Scott Smith, City Attorney; Laura Campagnolo, City Clerk; Megan Jimenez, Deputy City Clerk

CLOSED SESSION
Concerned Resident commented on statements made by Councilmembers; referenced Civil Code Section 3480 "Public Nuisance", as it relates to pickleball noise at San Gorgonio.

City Attorney Smith announced that Closed Session Item B relates to a general analysis of liability for operations at San Gorgonio Park. City Attorney Smith further noted that if Council would like to act on the draft complaint, received on January 16, 2023, it would need to be added as a late breaking item.

Motion by Councilmember James, second by Councilmember Cabral, CARRIED 5-0, to consider the draft complaint concerning noise nuisance related to Pickleball at San Gorgonio Park in Closed Session based on the need to take immediate action and the fact that the need for action arose subsequent to the agenda being posted.

AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None

14 City Council Regular Meeting Minutes January 17, 2023 Motion by Councilmember James, second by Councilmember Cabral, CARRIED 5-0, to recess to Closed Session at 5:06 p.m. to discuss the following:

A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Existing litigation pursuant to Government Code section 54956.9(d)(1) Number of Cases: 1
Case Name: City of San Clemente v. Foothill/Eastern Transportation Corridor Agency, et al.

Riverside Superior Court Consolidated Case No.: RIC 1800232 CA Court of Appeal Case No.: E078045 (Fourth Appellate District, Division 2) B. CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code section 54956.9(d)(2)
Number of potential cases: 1
AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None

BUSINESS MEETING
Council reconvened at 6:00 p.m. with all Councilmembers present.

INVOCATION
Russ Greiner, Church of Jesus Christ of Latter Day Saints, gave the invocation.

PLEDGE OF ALLEGIANCE
Captain Jay Christian, Chief of San Clemente Police Services, led the Pledge of Allegiance.

1. Special Presentations
A. December Update on the Homeless Issue
Donna Vidrine, San Clemente, opined that the City needs temporary emergency shelter for use by homeless individuals during inclement weather.

Code Enforcement Manager Torrico narrated a Powerpoint presentation entitled "Community Outreach and Engagement Monthly Report - December 2022." A hard copy of the presentation is on file with the City Clerk.

Interim City Manager Joyce discussed the challenges of having an inclement weather shelter and the potential impacts to current City services.

Council designated Councilmember Cabral and Councilmember Enmeier to participate in a homelessness subcommittee and work towards obtaining resources for San Clemente's homeless.

15 City Council Regular Meeting Minutes January 17, 2023 B. Introduction of New Chief of San Clemente Police Services, Jay Christian Mayor Duncan introduced Captain Jay Christian, San Clemente Police Services, and welcomed him to San Clemente.

C. Recognition of National Collegiate Athletic Association (NCAA) Women's Soccer National Champions
Mayor Duncan presented commendations to Lauren Brzykcy, Madelyn Desiano, and Brianne Riley in recognition of their University of California Los Angeles Women's Soccer NCAA National Championship title.

2. Oral Communications (Part 1)
Amanda Q narrated a Powerpoint presentation entitled "OCTA HOV Lanes - I-5 Freeway Expansion"; voiced concerns regarding eminent domain. A hard copy of the presentation is on file with the City Clerk.

Suzie Whitelaw, Save our Beaches San Clemente, spoke on coastal erosion and the need for multiple stakeholders to collaborate on solutions for coastal erosion on San Clemente beaches.

Sharon Gekko, San Clemente, requested that the City add a cut out to the sidewalk where the bike lane ends on Avenida Pico to allow bikes to transition from the bike lane to the sidewalk.

Tawni Burns, San Clemente, addressed her comments to Mayor Pro Tem Knoblock concerning the Sanctuary for Life Resolution and Mayor Duncan concerning his participation in a Black Lives Matter protest.

Susan Ambrose, San Clemente, spoke on the King Tides that will occur on January 21-22, 2023; encouraged the public to participate in the State of California study on the impacts of sea levels.

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

AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None

4. Consideration of agendizing items requiring immediate action None.

16 City Council Regular Meeting Minutes January 17, 2023

5. Closed Session Report - City Attorney
City Attorney Smith reported that Council authorized the City Manager to engage Hanson-Bridgett to provide special counsel services in the case of City of San Clemente v. Transportation Corridor Agency.

City Attorney Smith also reported Council voted to waive privilege on a sound study at San Gorgonio Park performed by Urban Crossroads; noted the sound study is available by request to the City Clerk.

6. Consent Calendar
Items 6A(1) and 6H were removed from the Consent Calendar for discussion.

A. City Council Minutes
Motion by Councilmember James, second by Mayor Pro Tem Knoblock, CARRIED 5-0, to:
(2) APPROVE CITY COUNCIL REGULAR MEETING MINUTES OF DECEMBER 20, 2022.
(3) APPROVE THE CITY COUNCIL SPECIAL MEETING MINUTES OF DECEMBER 21, 2022.

AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None
B. Commission/Committee Minutes
Motion by Councilmember James, second by Mayor Pro Tem Knoblock, CARRIED 5-0, to receive and file:
(1) ZONING ADMINISTRATOR REGULAR MEETING MINUTES OF DECEMBER 22, 2022.
(2) PLANNING COMMISSION REGULAR MEETING MINUTES OF DECEMBER 21, 2022.

AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None

17 City Council Regular Meeting Minutes January 17, 2023 C. Warrant Register
Motion by Councilmember James, second by Mayor Pro Tem Knoblock, CARRIED 5-0, to:
(1) APPROVE WIRE TRANSFER NOS.
2772 THROUGH 2777 AND WARRANT NOS.
585454 THROUGH 585678, PAID ON
12-23-22, IN THE AMOUNT OF $1,272,268.67
(2) APPROVE WIRE TRANSFER NOS.
2778 THROUGH 2781 AND WARRANT NOS.
585679 THROUGH 585726, PAID ON
1-6-23, IN THE AMOUNT OF $1,532,558.56
TOTAL WARRANT REGISTER $2,804,827.23
AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None
Payroll Register
Motion by Councilmember James, second by Mayor Pro Tem Knoblock, CARRIED 5-0, to:

Approve Warrant Nos. 892 through 893
and Automatic Deposit Advises
83006 through 83277, for the period
12-12-22 through 12-30-22, paid
on 12-30-22, in the amount of………..……..….......………….…$ 435,915.76 TOTAL PAYROLL REGISTER………………………………….$ 435,915.76
AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None

18 City Council Regular Meeting Minutes January 17, 2023 D. ORDINANCE 1748 (SECOND READING) - AMENDING CHAPTER 16.50 AND CHAPTER 17.86 OF THE SAN CLEMENTE MUNICIPAL CODE TO

ESTABLISH OBJECTIVE DESIGN, DEVELOPMENT AND SUBDIVISION

STANDARDS REGULATING URBAN LOT SPLIT AND TWO-UNIT PROJECTS IN ACCORDANCE WITH CALIFORNIA SENATE BILL 9
Motion by Councilmember James, second by Mayor Pro Tem Knoblock, CARRIED 5-0, to adopt Ordinance No. 1748 entitled AN ORDINANCE OF THE

CITY COUNCIL OF THE CITY OF SAN CLEMENTE AMENDING CHAPTERS

16.50 AND 17.86 AND AMENDING SECTION 17.52.020 TO THE SAN

CLEMENTE MUNICIPAL CODE TO REGULATE URBAN LOT SPLITS AND TWO-UNIT PROJECTS UNDER SB9; AND FINDING THE ACTION TO BE EXEMPT FROM CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA).

AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None
E. NOTICE OF COMPLETION - BEACH TRUNK SANITARY SEWER LINE

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

1. Accept the Beach Trunk Sanitary Sewer Line Rehabilitation, from the contractor, Sancon Technologies, Inc., CIP Project No. 28206.

2. Authorize the Public Works Director/City Engineer to execute and record the Notice of Completion for the Beach Trunk Sanitary Sewer Line Rehabilitation.

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, Sancon Technology, Inc.

AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None

19 City Council Regular Meeting Minutes January 17, 2023 F. NOTICE OF COMPLETION - LA PATA SEWER LIFT STATION

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

1. Accept the La Pata Sewer Lift Station Rehabilitation, from the contractor, Jennette Company, Inc., CIP Project No. 20201.

2. Authorize the Public Works Director/City Engineer to execute and record the Notice of Completion for the La Pata Sewer Lift Station Rehabilitation.

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, Jennette Company, Inc.

AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None
G. NOTICE OF COMPLETION - PURCHASE AND INSTALLATION OF STORM

DRAIN TRASH CAPTURE DEVICES FOR THE SAN CLEMENTE PIER AND

PICO CORRIDOR PROJECT AREA
Motion by Councilmember James, second by Mayor Pro Tem Knoblock, CARRIED 5-0, to:

1. Accept the Purchase and Installation of Storm Drain Trash Capture Devices for the San Clemente Pier and Pico Corridor Project Area, from the contractor, G2 Construction, Inc., CIP Project No. 23805.

2. Authorize the Public Works Director/City Engineer to execute and record the Notice of Completion for the Purchase and Installation of Storm Drain Trash Capture Devices for the San Clemente Pier and Pico Corridor Project Area.

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, G2 Construction, Inc.

AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None

20 City Council Regular Meeting Minutes January 17, 2023 I. UPDATE ON CONTRACT NEGOTIATIONS WITH CR&R
Motion by Councilmember James, second by Mayor Pro Tem Knoblock, CARRIED 5-0, to receive and file the Administrative Report, dated January 17, 2023, and on file with the City Clerk.

AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None
J. CONTRACT AWARD - CALAFIA PUMP STATION FLOW METER AND VAULT

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

1. Approve the plans and specifications for Calafia Pump Station Flow Meter and Vault Replacement, Project No. 24401.

2. Approve, and authorize the Utilities Director to execute, Contract No. C23-01, by and between the City of San Clemente and Vicon Enterprise, Inc., in the amount of $79,500 for Calafia Pump Station Flow Meter and Vault Replacement.

3. Approve a budget transfer of $80,000 from Account #052-466-43470-000- 21403 to Account #052-466-43420-000-24401.

AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None
K. CONTRACT AMENDMENT - WATER QUALITY MANAGEMENT PLAN

PROGRAM ASSESSMENT AND IMPLEMENTATION
Motion by Councilmember James, second by Mayor Pro Tem Knoblock, CARRIED 5-0, to:

1. Approve, and authorize the City Manager to execute, Amendment No. 3 to Contract No. C19-82, by and between the City of San Clemente and Geosyntec Consultants, providing for Water Quality Management Plan Program Assessment and Implementation services. This contract amendment increases the contract amount from $174,444 to $214,444 (an increase of $40,000).

2. Authorize the City Manager to approve a future amendment to complete plan checks for projects under review at the expiration of the contract amendment limit of $40,000 for an additional $15,000.

AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None

21 City Council Regular Meeting Minutes January 17, 2023 L. CONTRACT AWARD - CLASSIFICATION AND COMPENSATION STUDY FOR

FULL-TIME CITY OF SAN CLEMENTE EMPLOYEES
Motion by Councilmember James, second by Mayor Pro Tem Knoblock, CARRIED 5-0, to approve, and authorize the City Manager to execute, Contract No. C23-02, by and between the City of San Clemente and Ewing Consulting, providing for a classification and compensation study for full-time City of San Clemente employees, in the amount of $79,600.

AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None

ITEMS REMOVED FROM THE CONSENT CALENDAR FOR DISCUSSION
6A(1) CITY ATTORNEY RESPONSE TO POINT OF ORDER DATED DECEMBER 14, 2022.

Amanda Q narrated a Powerpoint presentation entitled "Point of Order - Re:

Abstention & Quorums" concerning Rosenburg's Rules as it relates to abstentions. A hard copy of the presentation is on file with the City Clerk.

Motion by Mayor Pro Tem Knoblock to deny the appeal and uphold the point of order decision from the meeting of December 6, 2022.

Election of Mayor Pro Tem
Councilmember Cabral, with the support of Councilmember James, agendized the election of Mayor Pro Tem for the February 7, 2023 City Council Meeting.

Point of Order Dated December 14, 2022
Substitute motion by Mayor Pro Tem Knoblock, second by Councilmember Enmeier, CARRIED 3-2, to receive and file the City Attorney's response to the point of order dated December 14, 2022, and on file with the City Clerk.

AYE: Enmeier, Knoblock and Mayor Duncan
NOE: Cabral and James

22 City Council Regular Meeting Minutes January 17, 2023 6H. GRANT FUNDING APPLICATION TO THE CALIFORNIA DEPARTMENT OF

WATER RESOURCES FOR THE URBAN COMMUNITY DROUGHT RELIEF

GRANT PROGRAM
Councilmember Enmeier spoke on the value of this grant for the City.

Motion by Councilmember Enmeier, second by Mayor Pro Tem Knoblock, CARRIED 5-0, to adopt Resolution No. 23-01 entitled A RESOLUTION OF THE

CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA,

AUTHORIZING THE APPLICATION FOR GRANT FUNDS UNDER THE

CALIFORNIA DEPARTMENT OF WATER RESOURCES URBAN COMMUNITY

DROUGHT RELIEF PROGRAM FOR THE RECYCLED WATER QUALITY
IMPROVEMENT PROJECT.

AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None

7. Public Hearings
A. ANNUAL REPORT CONCERNING THE MITIGATION FEE ACT FOR FISCAL YEAR 2021-22 - CITY OF SAN CLEMENTE
Public Hearing to consider the City of San Clemente's Annual Report for Fiscal Year 2022 on Mitigation Fees.

Financial Services Officer Rahn reviewed the contents of the administrative report.

Mayor Duncan opened the public hearing, there being no one desiring to speak, the public hearing was closed.

Motion by Mayor Pro Tem Knoblock, second by Councilmember James, CARRIED 5-0, to receive and file the Annual Report concerning the Mitigation Fee Act for Fiscal Year 2021-22 and on file with the City Clerk.

AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None

23 City Council Regular Meeting Minutes January 17, 2023 B. CONLEY HEARING ON APPEAL OF ADMINISTRATIVE ENCROACHMENT PERMIT E22-0112
Public Hearing to consider a resident initiated appeal of the Public Works Director's revocation of Administrative Encroachment Permit E22-0112 ("Permit") for the Conley Residential Landscape Improvements located in the street right of way of Via Manzana and Paseo Activo.

Public Works Director/City Engineer narrated a Powerpoint presentation entitled "Conley Hearing on Appeal of Administrative Encroachment Permit Number E22-0112" and responded to Council inquiries. A hard copy of the presentation is on file with the City Clerk.

Mayor Duncan opened the Public Hearing.

John Conley, Applicant, narrated a Powerpoint presentation entitled "City's Revocation of Encroachment Permit" as it relates to the maintenance of the City's right of way. A hard copy of the presentation is on file with the City Clerk.

Mitch and Arlene Irion, adjoining property owners, narrated a Powerpoint presentation on their property boundary as it relates to the City's right of way; spoke in support of the revocation of the City's Administrative Encroachment Permit E22-0112 and plans to make improvements to their property. A hard copy of the presentation is on file with the City Clerk.

Sharon Conley, San Clemente, spoke in opposition to the revocation of the Administrative Encroachment Permit.

Brian Demsey narrated a Powerpoint presentation entitled "Appeal of Revocation of Administrative Encroachment Permit E22-0112"; opposed the revocation of the Administrative Encroachment Permit. A hard copy of the presentation is on file with the City Clerk.

Bill Cunningham, San Clemente, spoke in opposition to the revocation of the Administrative Encroachment Permit.

William Baker,Esq., Santa Ana, spoke in opposition to the revocation of the Administrative Encroachment Permit; spoke on efforts taken by the Conley's to resolve the dispute.

Jean-Louis Selam, San Clemente, spoke in opposition to the revocation of the Conley's Administrative Encroachment Permit E22-0112.

Adam Fraser spoke on the Irion's discovery of their property boundaries and the rights of property owners to access their property.

Mikala Fraser spoke in the support of the revocation of the Administrative

24 City Council Regular Meeting Minutes January 17, 2023 Encroachment Permit as it related to property owners right to access their property.

Akbar Piloti spoke in support of the revocation of the Administrative Encroachment Permit.

Derek Ketcham spoke in support of the revocation of the Administrative Encroachment Permit.

Council continued the public hearing to the Regular City Council meeting of March 21, 2023.

Motion by Councilmember James, second by Councilmember Cabral, CARRIED 5-0 to stay the revocation of the Conely Administrative Encroachment Permit E22-0112 and continue the Public Hearing for 60 days to allow the parties (Conley's and Irion's) the opportunity to come to a mutual agreement concerning the right of way maintenance. The public hearing was continued to the Regular City Council meeting of March 21, 2023.

AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None

MEETING RECESSED
Council recessed at 8:25 p.m. and reconvened at 8:35 p.m. with all Councilmembers present.

8. Unfinished Business
A. CONSIDERATION OF PILOT “GREEN LINE” TROLLEY ROUTE
Motion by Councilmember James, second by Mayor Pro Tem Knoblock, CARRIED 5-0, to continue this item to the Regular City Council meeting of February 7, 2023.

AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None

9. New Business
A. APPOINTMENT OF ANDY HALL AS CITY MANAGER
Interim City Manager Joyce reviewed the contents of the administrative report.

Amanda Q voiced concerns with the employment contract including salary and severance package.

Erika Cortez, Chief Administrative Officer City of Imperial Beach, spoke in support of Andy Hall's appointment to City Manager.

25 City Council Regular Meeting Minutes January 17, 2023 Concerned Resident, San Clemente, voiced concerns regarding the salary package and experience of Mr. Hall.

Tim Brown spoke in support of the selection of Andy Hall; opined that the employment contract is standard for City Manager recruitments.

Newly appointed City Manager Hall expressed his excitement to join the City of San Clemente.

Motion by Councilmember Cabral, second by Mayor Pro Tem Knoblock, CARRIED 5-0, to approve, and authorize the Mayor to execute, City Manager Employment Agreement (Contract No. C23-03), by and between the City of San Clemente and Andy Hall, and authorize acceleration of the agreement's commencement date if that should become possible.

AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None
B. RECONSIDERATION OF THE CONTRACT AWARD FOR THE DESIGN OF RICHARD T. STEED MEMORIAL SPORTS PARK PICKLEBALL COURTS Public Works Director/City Engineer Koger and Beaches, Parks and Recreation Director Wylie narrated a Powerpoint presentation entitled "Reconsideration of the Contract Award for the Design of Richard T. Steed Memorial Sports Park Pickleball Courts" and responded to Council inquiries. A hard copy of the presentation is on file with the City Clerk.

Tim Brown suggested that Council approve a minimum of 8 courts to offset the impact to San Gorgonio Park.

Amanda Q voiced concerns regarding the staff report and statements made by staff.

Marty Weinberg, USA Pickleball Ambassador, spoke on exchanges with Councilmember James regarding Pickleball; encouraged the Council to vote in support of the project.

Vern West, San Clemente, urged Council to build 8 courts at Richard T. Steed Memorial Park to replace the 8 courts at San Gorgonio Park.

Casey Nolter, San Clemente, spoke in support of prioritizing pickleball courts at Richard T. Steed Memorial Park; noted the potential benefits to the community.

Sharon Gekko, San Clemente, spoke on the resident complaints at San Gorgonio Park and the potential reduction of courts by only building 4 at Richard T. Steed Memorial Park if the plan is to close the courts at San Gorgonio park.

26 City Council Regular Meeting Minutes January 17, 2023 George Spooner, San Clemente, noted he enjoys playing pickleball, opined that San Clemente is a destination for Pickleball players.

Norina Cappadona, read a letter on behalf of Buzz Buster in support of building pickleball courts at Richard T. Steed Memorial Park, stated she supports the project to build pickleball courts at Richard T. Steed Memorial Park.

Concerned Resident, encouraged Council to start building courts at Richard T.

Steed Memorial Park to relieve residents in Shorecliffs from the noise of Pickleball at San Gorgonio Park.

Olivia Welch, San Clemente, spoke in support of building pickleball courts at Richard T. Steed Memorial Park.

Staff to research if San Gorgonio Park is in the Coastal Recreation Zone.

Motion by Councilmember James, second by Mayor Pro Tem Knoblock, to:

1. Direct staff to prioritize the construction of at least eight pickleball courts and necessary associated amenities as outlined in the proposed Richard T. Steed Park Master Plan pickleball facility design.

2. Incorporate opportunities for optimizing the use of available funding sources and future phased construction.

3. Approve, and authorize the Public Works Director/City Engineer to execute, Contract No. C22-67, by and between the City of San Clemente and RJM Design Group, Inc., providing engineering design services for the Richard T.

Steed Memorial Park pickleball courts, in the amount of $404,550.

AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None
C. INITIATION OF ZONING AMENDMENT TO CHAPTER 16.50
(STATE-MANDATED SUBDIVISIONS) AND CHAPTER 17.86
(STATE-MANDATED RESIDENTIAL PROJECTS) OF THE SAN CLEMENTE MUNICIPAL CODE TO 1) ADD LANGUAGE FOR NON-CONFORMING URBAN

LOT SPLITS AND TWO-UNIT PROJECTS AND DISCRETIONARY
APPROVAL, 2) REVISE LANGUAGE FOR VERY HIGH FIRE HAZARD
SEVERITY ZONES, 3) REVISE ALLEY SETBACK AREA STANDARDS, IN ACCORDANCE WITH CALIFORNIA SENATE BILL 9
Motion by Councilmember James, second by Mayor Pro Tem Knoblock, CARRIED 5-0 to continue this item to the Regular City Council meeting of February 7, 2023.

AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None

27 City Council Regular Meeting Minutes January 17, 2023 Mayor Duncan left the meeting at 9:38 p.m.

10. Oral Communications (Part 2)
Rick Loeffler spoke on the need for Council to respect citizens and to have respectful interactions amongst one another.

11. Reports
A. Commissions and Committees
None.

B. City Manager
Public Permit Counter Hours
Interim City Manager Joyce provided an update on public permit counter hours and services.

C. City Attorney
Campaign Contribution Law
City Attorney Smith provided an update regarding the new campaign contribution law effective January 1, 2023.

D. Council Members
Display of Photographs at City Hall
Councilmember James, with the support of Councilmember Enmeier, agendized for discussion, the display of Fred Swegles, and other community organizations such as the Lifeguard Foundation, photographs, writings and other works related to San Clemente to be displayed at City Hall and the consideration of appointing a City Archivist.

Closed Session Minutes
Mayor Pro Tem Knoblock, with the support of Councilmember James, agendized consideration of the City Clerk taking minutes in Closed Session.

Beach Erosion
Mayor Pro Tem Knoblock, with the support of Councilmember Enmeier and Councilmember James, agendized consideration of asking the City to make an application to the Coastal Commission and Army Corps of Engineers for a close in, off-shore dredging operation that rainbows the existing sand that is located off the beach, back onto the beach, the discussion should also include consideration of forming a Super Committee to focus on beach erosion.

28 City Council Regular Meeting Minutes January 17, 2023 (1) UPDATE TO COUNCIL APPOINTEES TO REGIONAL COMMITTEES,

COMMISSIONS AND CITY COUNCIL SUBCOMMITTEES
Motion by Mayor Pro Tem Knoblock, second by Councilmember James, CARRIED 5-0 to appoint Mayor Pro Tem Knoblock to Southern California Association of Governments (SCAG) with Councilmember Cabral being the alternate. (Please note this item was considered earlier in the meeting, prior to Mayor Duncan leaving).The remainder of the appointments will be considered at the Regular City Council meeting of February 7, 2023.

AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None
E. Council Subcommittee Updates
None.

12. Adjournment
Motion by Councilmember James, second by Councilmember Enmeier, CARRIED 4-0 (Mayor Duncan absent), to adjourn at 9:57 p.m. The next Regular Meeting will be held on February 7, 2023. Closed Session will begin at 5:00 p.m.

The Business Meeting will commence at 6:00 p.m. The meeting will take place at City Hall Council Chambers, located at 910 Calle Negocio, 2nd Floor, San Clemente.

AYE: Cabral, Enmeier, James and Knoblock
NOE: None
ABSENT: Mayor Duncan
_______________________________
MAYOR of the City of
San Clemente, California
_______________________________
CITY CLERK of the City of
San Clemente, California

29 AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 2/7/2023 Agenda Item: (1)
Subject:

Public Safety Committee Regular Meeting Minutes of November 22, 2022.

CITY OF SAN CLEMENTE Page 1 of 1 Printed on 1/30/2023
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31 32
33 34
35 36
37 AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 2/7/2023 Agenda Item: (2)
Subject:

ZONING ADMINISTRATOR REGULAR MEETING MINUTES OF JANUARY 19, 2023.

CITY OF SAN CLEMENTE Page 1 of 1 Printed on 2/2/2023
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These minutes will be approved by the Zoning Administrator on February 9, 2023

CITY OF SAN CLEMENTE

MINUTES OF THE REGULAR MEETING

OF THE ZONING ADMINISTRATOR
JANUARY 19, 2023
San Clemente City Hall
First Floor Community Room
910 Calle Negocio
San Clemente, California 92673

1. CALL TO ORDER
Zoning Administrator Gallardo-Daly called the Regular Meeting of the City of San Clemente Zoning Administrator to order on January 19, 2023 at 3:00 p.m. The meeting was held in the First Floor Community Room of City Hall, 910 Calle Negocio, and San Clemente, California.

Staff Present: Cecilia Gallardo-Daly, Zoning Administrator David Carrillo, Assistant Planner
Laura Coury, Associate Planner
Tamara Tatich, Office Specialist

2. MINUTES
A. Receive and file Minutes from the Zoning Administrator Regular Meeting of December 22, 2022.

3. ORAL AND WRITTEN COMMUNICATION
None

4. PUBLIC HEARING
A. Minor Conditional Use Permit 22-299, SC Body Care Spa Accessory Massage, 1001 Avenida Pico, Suite J
A request to add massage-technician employees to an existing spa that offers existing accessory massage services as a sole provider, between 10:00 a.m. and 9:00 p.m. daily. Massage services are proposed to remain accessory to the primary use of the suite as a spa providing beauty and esthetician services.

DRAFT
39 Minutes of the Zoning Administrator Regular Meeting January 19, 2023 Page 2 Staff recommends that the project be found Categorically Exempt from CEQA pursuant to State CEQA Guidelines Section 15031 (Class 1:

Existing Facilities).

Assistant Planner David Carrillo summarized the staff report.

Having no further questions of staff, ZA Gallardo-Daly asked if applicant Wan Wan “Angel” Zeng would like to add any comments and she stated that she has been in business for nearly eight years, and introduced two clients that were present and in support of the permit. ZA Gallardo-Daly asked Ms. Zeng the hours for massage service, and Ms. Zeng confirmed that the hours of all services, including massage, were 10:00 a.m. to 9:00 p.m.

ZA Gallardo-Daly opened the public hearing. There being no public comments, ZA Gallardo-Daly closed the public hearing.

ZA Gallardo-Daly stated that she reviewed the staff report and is familiar with the plaza and business that has been operating for a number of years. The information in the staff report is very thorough, and the request is straightforward as an increase in the availability of massage services on site. There are Conditions of Approval related to this use that are in compliance with the municipal code to ensure that the operations of the business are not detrimental to the public health, safety and welfare.

Based on the information in the staff report and subject to the required Findings and Conditions of Approval, ZA Gallardo-Daly determined the project Categorically Exempt from CEQA pursuant to State CEQA Guidelines Section 15301 (Class 1: Existing Facilities).

Action: The Zoning Administrator adopted Resolution ZA23-001, and approved Minor Conditional Use Permit 22-299, SC Body Care Spa Accessory Massage – 1001 Avenida Pico, Suite J, subject to the Conditions of Approval.

B. Minor Cultural Heritage Permit 22-137 and Minor Exception Permit 22-361, Hager-Lannen Remodel and Addition, 216 Avenida Victoria A request to consider an expansion greater than 50% to an 840 squarefoot single-family residence with a 225 square-foot, non-conforming garage to remain without modification, that includes an addition of 545 square-feet of living space and a 190 square-foot studio attached to the garage. The project abuts two buildings on the City’s list of historic resources.

DRAFT
40 Minutes of the Zoning Administrator Regular Meeting January 19, 2023 Page 3 Staff recommends that the project be found Categorically Exempt from CEQA pursuant to State CEQA Guidelines Section 15031 (Class 1:

Existing Facilities).

Associate Planner Laura Coury introduced applicants Judy Hager and Michael Lannen, and then summarized the Staff Report.

ZA Gallardo-Daly confirmed with staff that the proposed conditions adhere to the required setbacks, and that the property abuts to a historic resource. Staff stated that for this property, the code determines “abutting” to be across the street since the property lines intersect at the street.

ZA Gallardo-Daly asked the applicants if they had any comments. Mr.

Lannen stated that this was a home for retirement, and Ms. Hager added that they have been involved in the community for many years.

ZA Gallardo-Daly commented that the staff report was well done and complimented the applicants on the plans that were submitted. ZA Gallardo-Daly stated the improvements of the proposed addition and modifications to the exteriors are very well presented graphically, making it easy to understand the project.

Having no further questions, ZA Gallardo-Daly opened the public hearing.

There being no public comments, ZA Gallardo-Daly closed the public hearing.

ZA Gallardo-Daly stated that she reviewed the staff report, applicant’s plans, Conditions of Approval and Findings. The proposed changes comply with the requirements of the code. The modifications to the residence and the proposed alterations are designed to be compatible and in scale with the neighborhood, and maintain the existing profile of the residence. The proposed project will not have a negative visual or physical impact on the abutting, adjacent historic structures in the area.

Based on the information in the staff report and subject to the required Findings and Conditions of Approval, ZA Gallardo-Daly determined the project Categorically Exempt from CEQA pursuant to State CEQA Guidelines Section 15301 (Class 1: Existing Facilities).

Action: The Zoning Administrator adopted Resolution ZA23-003, and approved Minor Cultural Heritage Permit 22-137 and Minor Exception Permit 22-361, Hager-Lannen Remodel and Addition – 216 Avenida Victoria, subject to the Conditions of Approval.

DRAFT
41 Minutes of the Zoning Administrator Regular Meeting January 19, 2023 Page 4

5. NEW BUSINESS
None

6. OLD BUSINESS
None

7. ADJOURNMENT
The meeting adjourned at 3:18 p.m. to the Regular Meeting of the Zoning Administrator, which will be held Thursday, February 9, 2023 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
DRAFT
42 AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 2/7/2023 Agenda Item: (3)
Subject:

PLANNING COMMISSION REGULAR MEETING MINUTES OF JANUARY 18, 2023.

CITY OF SAN CLEMENTE Page 1 of 1 Printed on 2/1/2023
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These minutes will be considered for approval at the Planning Commission meeting of 02-08-2023.

MINUTES OF THE REGULAR MEETING

OF THE CITY OF SAN CLEMENTE

PLANNING COMMISSION
January 18, 2023 @ 6:00 p.m.

San Clemente City Hall Council Chambers
910 Calle Negocio, San Clemente, CA 92673
Teleconference via www.san-clemente.org/live or Cox Channel 854

CALL TO ORDER
Chair McKhann called the Regular Meeting of the Planning Commission of the City of San Clemente to order at 6:00 p.m. The meeting was offered in person at San Clemente City Hall Council Chambers, 910 Calle Negocio, San Clemente, California, 92673, and also via live stream from the City’s YouTube Channel or live on Cox Channel 854.

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

3. ROLL CALL
Commissioners Present: Barton Crandell, Brent Davis, Karen Prescott-Loeffler Gary P.

McCaughan, M.D.; Chair pro tem M. Steven Camp, Vice Chair Cameron Cosgrove, Chair Scott McKhann
Commissioners Absent: None
Staff Present: Adam Atamian, Deputy Community Development Dir./City Planner John Ciampa, Contract Planner
Jonathan Lightfoot, Economic Development Officer
Christopher Wright, Associate Planner II
Matthew Richardson, Assistant City Attorney
Ryan Stager, Deputy City Attorney (Item 8.C.)

4. SPECIAL ORDERS OF BUSINESS
None.

5. MINUTES
A. Minutes from the Regular Planning Commission Meeting of December 21, 2022.

IT WAS MOVED BY COMMISSIONER PRESCOTT-LOEFFLER, SECONDED BY

COMMISSIONER CRANDELL AND UNANIMOUSLY CARRIED TO RECEIVE 44 Minutes of Regular Planning Commission Meeting of January 18, 2023 Page 2 AND FILE THE MINUTES FROM THE DECEMBER 21, 2022, PLANNING COMMISSION REGULAR MEETING AS SUBMITTED.

6. ORAL AND WRITTEN COMMUNICATION
None.

7. CONSENT CALENDAR
None.

8. PUBLIC HEARING
A. Conditional Use Permit 22-365, Pronto Italian Market Full Alcohol, 221 Avenida Del Mar, Suite A
A request for an existing market to expand the alcohol sales from beer and wine (ABC Type 20 License) to full range alcohol for off-site consumption (ABC Type 21 License).

John Ciampa, Contract Planner, narrated a PowerPoint Presentation entitled, “Pronto Italian Market Full Alcohol, CUP 22-365,” dated January 18, 2023. A copy of the Presentation is on file in Planning Division.

Donatella Polizzi, the applicant, was available for questions.

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

IT WAS MOVED BY COMMISSIONER CRANDELL, SECONDED BY CHAIR PRO TEM CAMP AND UNANIMOUSLY CARRIED TO:
1) Determine the project is Categorically Exempt from the requirements of the CEQA pursuant to CEQA Guidelines Section 15301 (Class1: Existing Facilities); and
2) Adopt Resolution No. PC 23-002, entitled, “A RESOLUTION OF THE

PLANNING COMMISSION OF THE CITY OF SAN CLEMENTE, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 22-365, PRONTO ITALIAN MARKET FULL ALCOHOL, LOCATED AT 221 AVENIDA DEL MAR SUITE A.”
[DECISION FINAL. SUBJECT TO APPEAL OR CALL UP BY COUNCIL.] B. Master Project 21-322, Calvada Mixed-Use Development, 1430 S. El Camino Real
45 Minutes of Regular Planning Commission Meeting of January 18, 2023 Page 3 A request to develop a mixed-use building at 1430 S. El Camino Real, which is within the Mixed Use 3.2 Zone and the Architectural and Affordable Housing Overlays. A portion of the property is within the Coastal Zone. The proposed project includes 10 apartment units (including one affordable unit) totaling 16,864 square feet of interior space, with 25 corresponding parking stalls, and 6,681 square feet of retail/office space with 24 corresponding parking stalls.

The development requires a Site Plan Permit, Cultural Heritage Permit, Conditional Use Permit, and a Discretionary Sign Permit. The project includes a request for a concession, pursuant to State Density Bonus law, to reduce the alley transitional setback to accommodate upper floor balconies.

Jonathan Lightfoot, Economic Development Officer, narrated a PowerPoint Presentation entitled, “Calvada Mixed Use, ‘Moana Landing’”, dated January 18, 2023. A copy of the Presentation is on file in Planning Division.

Hannibal Petrossi, architect representing the applicant, responded to questions posed by the Commission. The copper dome will be allowed to age to a patina and properly sealed every few years; clarified that the wall shown on the site plans enclosing the urban open area adjacent to the public alley has been removed to open the space up to the adjacent alley. He thanked staff and Design Review Subcommittee (DRSC) members for their comments and suggestions during the design process, and noted the project has been much improved with their input. He described challenges associated with the lot topography; advised they are in discussions with potential restaurant tenant(s); noted the project still has to go through the California Coastal Commission (CCC) process.

Tim Brown, speaking on the applicant’s behalf, advised that at this point “Moana’s Landing” is a working title for the project, and agreed there is plenty of inspiration throughout the area and town overall to find inspiration for naming the project; agreed with comments that the areas designated “Urban Open Area” could be transformed into alternative uses, such as an e-bike parking area or other use that would be both open and functional.

Chair McKhann opened the public hearing.

Craig Curtner, resident and nearby business operator, commended the project for its design and proposed use; suggested the sidewalk on the north side of the property could be reduced to improve traffic accessibility.

Tracy Grant, resident (no comment card submitted), agreed the northwest corner is very narrow; suggested traffic going in and out of the building may hamper traffic trying to enter the freeway via the adjacent entrance; commented that alternative/additional access points may help with traffic flow.

Chair McKhann closed the public hearing.
46 Minutes of Regular Planning Commission Meeting of January 18, 2023 Page 4 During the ensuing discussion, the Commissioners, either individually or in agreement, provided the following commentary:
 Commended the applicants and their representatives for their openness and willingness to collaborate with the DRSC and staff to enhance the project; encouraged the applicant and representatives to continue working with staff for additional enhancement.
 With regard to signage, suggested the applicant consider reformatting the vertical signage on the left side of the front elevation for easier readability; also consider reformatting the signage typeface used in the site plans as it is not complementary to the rest of the project. The applicant was advised to work with staff/meet informally with DRSC Members to improve the proposed signage.
 Discussion ensued regarding uses for the two “Urban Open Area” spaces, with the Commission electing to 1) Allow the applicant to deviate from using it as simply open space as a condition of their Increased Density Bonus, and 2) Allow the applicant to use the space as they desire. E-bike parking, additional storage area, etc., were suggested as alternative uses.  Ensure the street address is prominently marked in an area agreeable to the Orange County Fire Authority.
 Established from the applicant that graphic tiles, similar to the ones on Avenida Del Mar and suggested by the DRSC, are being considered for the tile-enhanced areas.
 Endorsed using a pre-patina treatment for the copper dome and sealing it against the elements in order to control the colors/pattern of the patina.

IT WAS MOVED BY VICE CHAIR COSGROVE, SECONDED BY
COMMISSIONER DAVIS AND UNANIMOUSLY CARRIED TO:
1) Determine the project is Categorically Exempt from the requirements of the CEQA pursuant to CEQA Guidelines Section 15332 (Class 32: In-Fill Development Projects); and
2) Adopt Resolution No. PC 23-001, entitled, “A RESOLUTION OF THE

PLANNING COMMISSION OF THE CITY OF SAN CLEMENTE, CALIFORNIA, APPROVING MASTER PROJECT 21-322, CALVADA MISED USE, INCLUDING SITE PLAN PERMIT (SPP) 21-323, CULTURAL HERITAGE PERMIT (CHP) 21- 324, CONDITIONAL USE PERMIT 22-412, AND DISCRETIONARY SIGN PERMIT (DSP) 21-326, TO DEVELOP A MIXED-USE BUILDING LOCATED AT 1430 S. EL CAMINO REAL.

Amended as follows:
1) Modify Condition 3.19, and add Conditions 4.20, 4.21, and 7.21 as proposed by Economic Development Officer Lightfoot.
47 Minutes of Regular Planning Commission Meeting of January 18, 2023 Page 5 2) Add a new condition of approval (4.22) authorizing an additional Increased Density Bonus to allow the applicant the opportunity to adopt and design the best uses for the two existing Urban Open Areas located in the upper parking area. 3) Ensure the project is adequately conditioned (COA 4.23) to require the applicant to ensure the roof mechanical units do not exceed the height of the parapet wall intended to screen the units.
[DECISION FINAL. SUBJECT TO APPEAL OR CALL UP BY COUNCIL.] Chair McKhann recessed the meeting at 7:55 p.m. and reconvened at 8:10 p.m.

C. Zoning Amendment 22-366 – Zoning Permit Streamlining A request to consider a City-initiated amendment to Title 17 (Zoning) of the San Clemente Municipal Code to:
1) Reduce the level of public hearing decisions for several planning application types, while maintaining public minutes of decisions and appeal procedures when experience has shown the projects have not had issues of significant public concerns or impacts to prompt a higher level of public review. For example, smaller additions to residences less than 500 square feet visible from the street currently require Planning Commission review, and are proposed by this ordinance to be reviewed by the Zoning Administrator;
2) Modify the Zoning Code for administrative approval of minor projects requiring design review in the Architectural Overlay, adjacent to, or involving, historic structures, and nonresidential properties; to add general standards, projectspecific standards, and change the types of projects and circumstances which would be eligible for staff-level approval, subject to appeal with permits disclosed publicly for transparency. Currently, there is a broader category of projects eligible for administrative approval. The proposed ordinance replaces this with lists of projects that may be approved by staff if they meet the general and project-specific standards (e.g., projects that won’t affect character defining features of historic structures, such as a privacy fence constructed of certain materials), and the City Planner would have discretion to forward applications to a public hearing if warranted;
3) Consolidate planning applications to simplify submittals and administrative processing;
4) Allow beer and wine sales for indoor, on-site consumption in restaurants with food service by-right with a State license; and
48 Minutes of Regular Planning Commission Meeting of January 18, 2023 Page 6 5) Clarify planning permit review procedures to facilitate staff and public understanding and implementation (e.g., how requests for alcohol sales/service are processed for hotels and entertainment venues).

Christopher Wright, Associate Planner II, narrated a PowerPoint Presentation entitled, “Zoning Permit Streaming, ZA 22-366,” dated January 18, 2023. A copy of the Presentation is on file in Planning Division.

Deputy Director Atamian explained that at its meeting on May 25, 2022, City Council directed staff work with the Planning Commission to identify a list of ideas for streamlining various permit procedures in the Zoning Code. On June 8, 2022, the Planning Commission reviewed staff’s suggested streamlining ideas and provided input. At its meeting of August 16, 2022, City Council considered the Planning Commission’s input, initiated the proposed zoning amendments, directed staff to pursue the ideas presented at the meeting.

Chair McKhann opened the public hearing. The public hearing will remain open until the item is re-agendized for Commission consideration.

During the ensuing discussion, the Commissioners, either individually or in agreement, provided the following commentary:
 Suggested that Public Noticing should still be completed for those projects that currently require a Public Notice to ensure that residents living adjacent to and/or those that could be negatively affected have the opportunity to provide input.
 Established that staff would have the ability to refer applications to a higher level at a public hearing if the City Planner determines a proposal has potential for significant public concerns or impacts.
 Requested staff identify where the bottlenecks are in the permit approval process to determine the best path to improve.
 Expressed concern regarding the number of applications that would be changed, especially in locations in areas of the City that have established character.
 Requested staff provide the date and time of City Council’s review of this proposal for the Commissioners’ review of the meeting discussion.  Discussed the pros and cons of story poles, including high costs, value to the public, and purpose if the applicant provides adequate and accurate computerized before and after views.

Deputy Director Atamian encouraged the Commission to contact staff in the event they have additional questions or comments. Additionally, the Commissioners can request to meet with staff individually or in small groups for a better understanding of the proposed Amendments. The Commissioners should arrange to meet with staff within the next two weeks in order to bring back the item for the March 8, 2023, Regular Planning Commission meeting. 49 Minutes of Regular Planning Commission Meeting of January 18, 2023 Page 7

IT WAS MOVED BY COMMISSIONER MCCAUGHAN, SECONDED BY

COMMISSIONER CRANDELL AND UNANIMOUSLY CARRIED TO CONTINUE ZONING AMENDMENT 22-366 – ZONING PERMIT STREAMLINING, WITH THE

PUBLIC HEARING HELD OPEN, TO THE REGULAR PLANNING COMMISSION MEETING OF MARCH 8, 2023.
[ITEM CONTINUED. PLANNING COMMISSION DECISION PENDING.]

9. NEW BUSINESS
None

10. OLD BUSINESS
None

11. REPORTS OF COMMISSIONERS AND STAFF
A. Staff Waivers
B. Tentative Future Agenda
Reports received and filed.

Commissioner Crandell commented that as a rule, the City requires developers provide storage areas for residential units. Storage area (that can only be used for storage, and does not reduce maximum square footage) in order to charge electric cars, store surfboards, gardening equipment, etc., in order to maintain order in the neighborhood. He requested staff review the State’s and City’s regulations regarding storage and report back regarding any potential opportunities to require storage for additional units.

Vice Chair Cosgrove reported that homes above the Beach Trail by Linda Lane have lost ground under their patios and it appears there has been landslides in the area. He expressed concern with public safety and requested information on the City’s policies and liability protections on ground movement.

Deputy Director Atamian will forward him information regarding the City’s hazards and bluff erosion policies.

12. ADJOURNMENT

IT WAS MOVED BY CHAIR MCKHANN, SECONDED BY CHAIR PRO TEM CAMP AND UNANIMOUSLY CARRIED TO ADJOURN AT 9:31 P.M. TO THE NEXT REGULAR PLANNING COMMISSION MEETINGS TO BE HELD IN-PERSON ON FEBRUARY 8, 50 Minutes of Regular Planning Commission Meeting of January 18, 2023 Page 8 2023, AT 6:00 P.M. AT THE SAN CLEMENTE CITY HALL COUNCIL CHAMBERS LOCATED AT 910 CALLE NEGOCIO, 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,
Scott McKhann, Chairman
Attest:

Adam Atamian, Deputy Community Development Director
51 AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 2/7/2023 Agenda Item: (1)
Subject:

Approve Wire Transfer Nos.
2782 through 2786 and Warrant Nos.
585727 through 585877, paid on
1-13-23, in the amount of $5,524,086.15
CITY OF SAN CLEMENTE Page 1 of 1 Printed on 1/27/2023
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AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 2/7/2023 Agenda Item: (2)
Subject:

Approve Warrant Nos.
585878 through 586000, paid on
1-20-23, in the amount of $746,838.48
CITY OF SAN CLEMENTE Page 1 of 1 Printed on 1/27/2023
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AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 2/7/2023 Agenda Item: (3)
Subject:

Approve Wire Transfer Nos.
2787 through 2790 and Warrant Nos.
586001 through 586126, paid on
1-27-23, in the amount of $1,013,598.66
TOTAL WARRANT REGISTER $7,284,523.29
CITY OF SAN CLEMENTE Page 1 of 1 Printed on 1/27/2023
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AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 2/7/2023 Agenda Item:

Subject:

Automatic Deposit Advises 83278
through 83523, for the period
12-26-22 through 1-8-23, paid
on 1-13-23, in the amount of $443,006.48
CITY OF SAN CLEMENTE Page 1 of 1 Printed on 1/27/2023
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AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 2/7/2023 Agenda Item:

Subject:

Warrant No. 894 and Automatic
Deposit Advises 83524 through
83785, for the period 1-9-23
through 1-22-23, paid
on 1-27-23, in the amount of $449,430.88
TOTAL PAYROLL REGISTER $892,437.36
CITY OF SAN CLEMENTE Page 1 of 1 Printed on 2/2/2023
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AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 2/7/2023 Agenda Item: D.

Department: Beaches, Parks and Recreation
Prepared By: Samantha Wylie, Beaches, Parks & Recreation Director Subject:

RESOLUTION TO AMEND GOLF COURSE FEES FOR PLAY UPON THE MUNICIPAL GOLF COURSE
Fiscal Impact:

An increase of golf course revenue roughly corresponding to rate increases averaging 10% across all course fees is expected. This rate adjustment is estimated to gross an annual increase of $214,860 in green fees based on FY 21-22 actuals, assuming that user demand is unchanged.

Summary:

Staff and the Golf Course Committee recommend the City Council adopt Resolution No. 23-02 (Attachment 1), amending the golf course green fees for play at the San Clemente Municipal Golf Course.

Background:

The Golf Course Committee FY 22-23 Work Plan included a goal to review and update the golf course fees.

At its November 3, 2022 meeting, the Golf Course Committee considered and approved the staff recommendation for modifications to the green fee schedule and associated golf course rates.

Discussion:

The Golf Course operates as an Enterprise Fund in which golf revenues must cover expenditures.

Golf revenues are captured within three areas: (1) green fees; (2) banquet/food & beverage sales; and (3) pro shop sales, including cart and range fees.

Before the Coronavirus pandemic, the golf course experienced a decline in revenue from green fees associated with a trending decline in play in the golf industry and overall course usage. The golf course operated by reducing capital and ongoing expenditures to compensate for lower revenues.

Because of the stagnant revenue spanning 10 years, many improvement projects were not undertaken, machinery and equipment were not replaced, and routine maintenance was deferred.

An increase of approximately 10% of course fees will partially offset operational cost increases by assisting in funding replacement equipment and machinery that has depreciated. Additionally, some funding may be allocated towards golf course improvements, as identified as priorities by the Golf Course Committee through its annual work plans. In the future, staff and the Golf Committee will consider golf rate increases annually to ensure the golf course is staying competitive with market rates while meeting the goals of the enterprise fund.

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Meeting Date: 2/7/2023 Agenda Item: D.

The proposed rates include two new fees associated with tournaments: (1) Course Marshal Fee; and (2) Conditionally Refundable Compliance/Damage deposit for tournaments. The course marshal fee will be charged on an hourly basis to tournaments that are booked and expected to bring large numbers of players to the course. Based on continual review and feedback of tournament operations, marshaling is critical during busy tournament days to ensure that the pace of play is managed and that golfers outside of the tournament have a pleasant golf experience.

Similarly, the compliance/damage deposit would be assessed as a conditionally refundable deposit to tournament organizers. The deposit will be withheld if the course experiences higher than normal levels of wear and tear, including excessive trash and debris throughout the course and/or its facilities (i.e., greens, restrooms, etc.). These two new fees are solely intended to offset any additional costs that may be incurred on behalf of tournaments.

Recommended Actions:

Staff Recommendation
Staff and the Golf Committee recommend that the City Council adopt Resolution No. 23-02 titled, “A

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

ESTABLISHING CERTAIN FEES FOR PLAY UPON THE MUNICIPAL GOLF COURSE, AND REPEALING RESOLUTION NO. 20-70.”
Attachment:

1. Golf Course Fee Resolution No. 23-02

2. Proposed Green Fees Rate Increase
Notification:

Dave Cook Pro Shop
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ATTACHMENT 1
RESOLUTION NO. 23-___

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, ESTABLISHING CERTAIN

FEES FOR PLAY UPON THE MUNICIPAL GOLF COURSE,
AND REPEALING RESOLUTION NO. 20-70.

WHEREAS, the City of San Clemente owns and operates the San Clemente Municipal Golf Course for the benefit of San Clemente residents and the surrounding community; and
WHEREAS, the City of San Clemente funds Course operations through an enterprise fund, where revenues collected at the Course are utilized to fund the maintenance and operation of the Course; and
WHEREAS, fees for play upon the Municipal Golf Course were last considered in 2020 and increased effective February 1, 2021; and
WHEREAS, operating standards and regulations for play upon the Municipal Golf Course have been established and adopted through Resolution No. 20-71; and WHEREAS, the City of San Clemente regularly considers fees to optimize Course utilization and provide for reliable Course revenue for maintenance, improvements, and Course continuity.

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

Section 1. GREEN FEES
Green Fees for daily play upon the Municipal Golf Course shall be as follows:

STANDARD
(AGE 18-59)
SENIOR
(AGE 60+)
JUNIOR
(AGE 17 & Under)
18 Hole (Weekday) $ 43.00 $ 37.00 $ 16.00
18 Hole (Weekend) $ 53.00 -- $ 19.00
Twilight (Weekday) $ 31.00 $ 26.00 $ 12.00
Twilight (Weekend) $ 43.00 -- $ 16.00
9-Hole (Weekday) $ 22.00 -- $ 8.00
9-Hole (Weekend) $ 26.00 -- $ 10.00
The weekend rate schedule shall apply on the holidays listed in Resolution No. 20- 71, Section 9.

Section 2. MEMBERSHIP CARD (RESIDENT CARD) & GREEN FEE RATES 93 Resolution No. Page 2
A resident of the City of San Clemente may purchase a yearly membership card for $60.00, which entitles the resident to play golf upon the Municipal Golf Course on weekdays and weekends for the Green Fees as described in the chart below. Membership cardholders may also be eligible for early tee time bookings.

MEMBER
(AGE 18-59)

MEMBER SENIOR
(AGE 60+)
18 Hole (Weekday) $ 25.00 $ 24.00
18 Hole (Weekend) $ 33.00 --
Twilight (Weekday) $ 20.00 $ 17.00
Twilight (Weekend) $ 24.00 --
9-Hole (Weekday) $ 16.00 --
9-Hole (Weekend) $ 17.00
Section 3. DEFINITION OF CITY RESIDENT
A “resident” of the City of San Clemente is hereby defined to be any person who occupies a dwelling unit in the City of San Clemente as that person’s legal domicile. Any person applying for or renewing a registration card as set forth in Section 3 hereof, shall be required to furnish to the Golf Starter documented proof of residence which includes, but is not limited to, the following: a current utility bill, vehicle registration, or rental or lease agreement indicating a San Clemente address, or such other documentation as may satisfy the Golf Starter that San Clemente is the legal domicile of said person. P.O. boxes and addresses of known mail service centers will not qualify as residences. All active duty military personnel and registered PGA and LPGA professionals shall be treated as legal residents of the City of San Clemente.

Section 4. JUNIOR CARD FEE
Qualifying minors ages 12 year and older may receive a Junior Card for play upon the course, affording them the option to play upon the course unaccompanied by an adult.

The Junior Card is available at a one-time cost of Five Dollars ($5.00). Junior green fee rates apply regardless of Junior Card status.

San Clemente High School Golf Team Members are eligible to play upon the Golf Course for Five Dollars ($5.00) per player, per competition season. Junior Green Fees will apply to all Team Member play outside of the designated season.

Section 5. TOURNAMENT RESERVATION FEE
A Six Seven Dollar ($7.00) non-refundable reservation fee shall be required for each player to reserve a starting time for all contracted tournaments, other than recognized local club tee time block reservations.

Section 6. CHARITABLE ORGANIZATIONS – SPECIAL TOURNAMENT FEE A green fee of Fourteen Fifteen Dollars ($15.00) per player shall be required for all 94 Resolution No. Page 3
tournaments held to benefit charitable organizations. Requests for such tournaments will be subject to approval by the City Manager or his/his designee. Only those tournaments held to assist bona-fide local charities or non-profit charitable corporations licensed by the State of California will be approved. Proof of California non-profit status must be submitted with the tournament application.

Any request for a charity tournament that is disapproved by the City Manager or his/his designee may be appealed to the City Council by providing written notice of appeal to the City Clerk within 10 days of the date of City Manager or his/his designee disapproval.

Section 7. PRIVATE GOLF CART REGISTRATION FEE
Residents with a current municipal membership card may register their privately owned golf cart for use on the municipal golf course. The annual registration fee for the use of a registered, privately owned power driven golf cart on the Municipal Golf Course shall be Two Hundred and Twenty dollars ($220.00). Requests for refunds of golf cart registration fees for reasons such as sickness, vacations, leaving the area, etc., will not be considered.

A trail fee per rider will be due upon each use of the registered private cart at the Municipal Golf Course. The trail fee will be one half (50%) of the cart rental fee in effect at the time per rider cart, or as determined by the Pro Shop Concessionaire.

Section 8. DISCOUNTING
The City Manager and/or his or her designee, upon consultation with the Golf Course Committee or its designees, may offer limited offer discounts in the form of advertised coupons or group discounts for the purpose of maximizing revenue at the golf course.

Section 9. Resolution No. 20-70, and any other Resolution in conflict herewith is hereby repealed and has no further force or effect.

Section 10. The fees contained in this resolution will become effective upon approval by City Council.

Section 11. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

PASSED AND ADOPTED this _____ day of ____________________, _______.

ATTEST:
___________________________ __________________________
City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California
95 Resolution No. Page 4

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

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

AYES:

NOES:

ABSENT:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this _____ day of _________________, ________. __________________________
CITY CLERK of the City of
San Clemente, California
Approved as to form:
_________________________
City Attorney
96 Revised 11/4/2022
San Clemente Municipal Golf Course
Proposed Rate Schedule, FY 2022-23
Suggested Effective Date: February 1, 2023
NOTES:

Current Proposed Adjustment
18 Hole (Weekday) $ 39.00 $ 43.00 10%
18 Hole (Weekend) $ 48.00 $ 53.00 10%
Senior - 18 Hole $ 34.00 $ 37.00 9%
Senior - Twilight $ 24.00 $ 26.00 8%
Twilight $ 28.00 $ 31.00 11%
Twilight (Weekend) $ 39.00 $ 43.00 10%
9-Hole $ 20.00 $ 22.00 10%
9-Hole (Weekend) $ 24.00 $ 26.00 8%
Membership Card $ 60.00 No Change
18 Hole (Weekday) $ 23.00 $ 25.00 9%
18 Hole (Weekend) $ 30.00 $ 33.00 10%
Senior - 18 Hole $ 22.00 $ 24.00 9%
Senior - Twilight $ 15.00 $ 17.00 13%
Twilight $ 18.00 $ 20.00 11%
Twilight (Weekend) $ 22.00 $ 24.00 9%
9-Hole $ 15.00 $ 16.00 7%
9-Hole (Weekend) $ 15.00 $ 17.00 13%
18 Hole (Weekday) $ 16.00
18 Hole (Weekend) $ 19.00
Twilight $ 12.00
Twilight (Weekend) $ 16.00
9-Hole $ 8.00
9-Hole (Weekend) $ 10.00
Damage Deposit (Refundable) $ - $ 250
Golf Course Marshal Support $ - $17/hour
Private Carts 200.00$ $ 220.00 10%
* The proposed rates reflect an approximate 10% increase, rounded to the nearest dollar. In rounding, some percentage points may have increased or decreased thus resulting in a higher or lower actual percent.

No Change
Tournaments
Misc. Fees
Junior Rates (60% Discount from standard rate)
Standard Rates
Membership Card (Residents Only)
ATTACHMENT 2
97 AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 2/7/2023 Agenda Item: E.

Department: Beaches, Parks and Recreation
Prepared By: Samantha Wylie, Beaches, Parks & Recreation Director Subject:

MEMORANDUM OF UNDERSTANDING (MOU) - GOLF COURSE BLOCK TEE TIME

RESERVATION FOR SAN CLEMENTE EXCHANGE CLUB
Fiscal Impact:

The MOU requires that the regular green fee be charged to each player upon check-in and if the group does not release its unneeded times 24 hours in advance, the Club will be charged the regular green fee rate applicable at the time of play.

Summary:

Staff recommends that City Council approve a memorandum of understanding (“MOU”) with the San Clemente Exchange Club (“Exchange Club”) for the use of the San Clemente Municipal Golf Course.

The purpose of the Agreement is to provide the Exchange Club with regularly scheduled group reservations/tee times as allowed through the Golf Course Operating Resolution.

Background:

On March 2, 2021, the City Council of the City of San Clemente adopted Resolution number 20-71 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE,

CALIFORNIA, ESTABLISHING CERTAIN OPERATING STANDARDS AND REGULATIONS FOR PLAY UPON THE MUNICIPAL GOLF COURSE, in which Section 5 provides guidelines for local block reservations.

The section reads as follows:

Section 5. LOCAL CLUB TEE TIME BLOCK RESERVATIONS
Local groups/clubs may be granted an exemption from the normal tournament reservation fee as listed in Resolution No. 20-70. Interested clubs must apply in writing to the City Manager or his/her designee. The request will be forwarded to the Golf Course Committee for approval or disapproval.

All applicants will be subject to the following minimum criteria:

1. The group must provide services to the City of San Clemente and be an accredited notfor-profit organization based in San Clemente.

2. Membership to the group must be non-exclusive.

3. The group must demonstrate that some of the money raised by the golf outing will directly benefit the community.

4. The group will be limited to a minimum of 16 players and a maximum of 24 players.

Approved local groups/clubs shall submit annual requests in advance to the City Manager or CITY OF SAN CLEMENTE Page 1 of 2 Printed on 1/30/2023
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Meeting Date: 2/7/2023 Agenda Item: E.

Approved local groups/clubs shall submit annual requests in advance to the City Manager or his/her designee for approval, prior to publishing their calendar. Blocks of tee time reservations will be granted on a first-come first-served basis, with approvals granted based on the best interest of the Golf Course. All groups/clubs requesting tee time blocks will be required to guarantee the number of players they will provide at least 24 hours before the reserved block. The group will be responsible to pay green fees for any no-show players. The group will be charged the membership rate in effect on the day of the booking for all no-show players.

Golf Course staff or the Golf Starter reserves the right to periodically “bump” any group that does not pay the normal reservation fee from its regular time in favor of an outside tournament group.

Tee time block reservations may be canceled at any time for any reason including a group’s unsatisfactory use or violation of course policies.

Discussion:

The Exchange Club has held a regular golf reservation for more than two decades. All of its club members are San Clemente residents and many are active SC Muni golfers. At its August 2020 meeting, the Golf Committee received a request from the Exchange Club to move its standing tee reservation from Thursday afternoons to Wednesday mornings citing its continued contributions to the city. At this meeting, the Committee recommended (6-0) allowing the Club a standing four tee time block on Wednesday mornings beginning at 8:30 a.m. The Club has agreed to move its standing time to accommodate Men’s Club activities scheduled monthly on the first Wednesday.

Based on the Golf Committee recommendation, staff has collaborated with the Exchange Club to determine the preferred days and times for its regular use of the golf course. Attachment 2 outlines all details of the MOU. The block reservation does not provide a discount to golfers in the Exchange Club group. Every golfer is charged the rate applicable at the time of the tee reservation. If the Exchange Club does not utilize its entire allocated tee times and does not cancel or release 24 hours in advance, the Golf Starter will automatically charge the Exchange Club the regular rate of green fees.

Recommended Actions:

Staff Recommendation
Staff Recommends the City Council approve and authorize the Beaches, Parks & Recreation Director to execute Contract No. C23-04 a Memorandum of Understanding between the City and the San Clemente Exchange Club related to tee time block reservations.

Attachment:

1. Golf Course Operating Resolution

2. MOU - Draft
Notification:

San Clemente Exchange Club
Dave Cook Pro Shop
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ATTACHMENT 2
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MEMORANDUM OF UNDERSTANDING

FOR SAN CLEMENTE EXCHANGE CLUB
THIS AGREEMENT is entered into this ____ day of _________, 2023 (the “Effective Date”), by and between the City of San Clemente, a municipal corporation (hereinafter as “City”), and the Exchange Club of San Clemente, a non-profit 501c3 organization (hereinafter as “Exchange Club”), for a period of five (5) years plus two (2) possible three-year extensions for a total of eleven (11) years from and after the Effective Date.

R E C I T A L S:

WHEREAS, the City seeks to provide recreational opportunities for the residents of San Clemente that promote community engagement and connectivity; and.

WHEREAS, the City desires to encourage and promote organized activities by partnering with local not-for-profit organizations; and WHEREAS, the City owns, operates, and maintains a municipal golf course located at 150 Avenida Magdalena; and
WHEREAS, on March 2, 2021, the City Council of the City of San Clemente adopted Resolution number 20-71 entitled A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF SAN CLEMENTE, CALIFORNIA, ESTABLISHING CERTAIN OPERATING

STANDARDS AND REGULATIONS FOR PLAY UPON THE MUNICIPAL GOLF COURSE, in which Section 5 provides guidelines for local tee time block reservations; and WHEREAS, the Exchange Club has existed in San Clemente for fifty-eight (58) years as an organization focused on providing service to the community by fundraising money via charity events throughout the year, and donating proceeds to dozens of San Clemente-based charities; and
WHEREAS, the Exchange Club promotes membership and comradery through weekly outings at the San Clemente Municipal Golf Course which further the mission of service to the community.

NOW, THEREFORE, in consideration of the mutual promises and undertakings herein contained, City and Exchange Club wish to have an agreement as follows:

C O V E N A N T S:

Based on the foregoing Recitals, which are incorporated herein by this reference, and for good and valuable consideration, the receipt and sufficiency of which is acknowledged by both parties, City and Exchange Club hereby agree as follows:

1. Purpose. The purpose of this Agreement is to establish the terms and conditions under which the Exchange Club will reserve golf tee times at the San Clemente 110
ATTACHMENT 2
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Municipal Golf Course. The Exchange Club utilizes the San Clemente Municipal Golf Course, located at 150 Avenida Magdalena, San Clemente, CA 92672, to host golf play for its members, their guests, and prospective members.

2. Term. The term of this Agreement shall be five (5) years plus two (2) possible three-year extensions from the Effective Date the City Manager executes this Agreement. Extensions shall be executed conjointly without lapse should both parties mutually agree to continue said Partnership.

3. Facility Space. City agrees to provide a regular reservation for up to four (4) consecutive tee time blocks, as determined by the Golf Starter, each Wednesday beginning at 9 a.m., except in instances where the 9 a.m. time conflicts with the Men’s Club reservation block, at which time, the reserved block will begin immediately after the Men’s Club reservation.

City agrees to provide the use of the golf course for Exchange Club for one (1) annual shotgun tournament. The tournament must be held on a Monday in October. The final date shall be agreed upon by Exchange Club and Golf Starter, annually. The charity rate shall apply, as described in City of San Clemente Resolution No. 23-02.

4. Payment. The Exchange Club agrees to confirm and guarantee the number of players they will provide at least 24 hours before the reserved block. Such notice will be provided to the Golf Starter by email or phone call, and any unneeded tee times will be returned for other public use. The Exchange Club will be responsible to pay the green fees for any no-show players and will be charged the membership rate in effect on the day of the booking for all no-show players.

5. Use of the Facility. The Exchange Club shall submit annual use requests to the Beaches, Parks & Recreation Director, or his/her designee by October 1st. The requested use of the facility will be reviewed annually by the Golf Committee, for approval at its regular November meeting. Blocks of tee time reservations will be granted on a first come first serve basis with approvals granted based on the best interest of the Golf Course.

6. General Provisions.
a. Amendments. Either party may request changes to this Agreement. Any changes, modifications, revisions, or amendments to this Agreement that are mutually agreed upon by and between the parties to this Agreement shall be incorporated by written instrument, and effective when executed and signed by all parties to this Agreement.

Golf Course staff or Golf Professional reserves the right to periodically bump any block reservation from its regular time in favor of an outside tournament group. On such occasions, the Golf Starter shall provide the Exchange Club a one-week advance notice of the need to bump.
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b. Termination of Agreement. Either party may elect to terminate this Agreement with thirty (30) days’ notice. The City of San Clemente reserves the right to cancel tee time block reservations at any time for any reason including a group’s unsatisfactory use or violation of course policies. c. Applicable Law. The construction, interpretation, and enforcement of this Agreement shall be governed by the laws of the State of California. The courts of the State of California shall have jurisdiction over any action arising out of this Agreement and over the parties.
d. Entirety of Agreement. This Agreement, consisting of four (4) pages, represents the entire and integrated agreement between the parties and supersedes all prior negotiations, representations, and agreements, whether written or oral.
e. Third Party Beneficiary Rights. The parties do not intend to create in any other individual or entity the status of a third party beneficiary, and this Agreement shall not be construed so as to create such status. The rights, duties and obligations contained in this Agreement shall operate only between the parties to this Agreement, and shall inure solely to the benefit of the parties to this Agreement. The provisions of this Agreement are intended only to assist the parties in determining and performing their obligations under this Agreement. The parties to this Agreement intend and expressly agree that only parties signatory to this Agreement shall have any legal or equitable right to seek to enforce this Agreement, to seek any remedy arising out of a party’s performance or failure to perform any term or condition of this Agreement, or to bring an action for the breach of this Agreement.
f. Notices. Correspondence shall be distributed by mail or electronic mail to the designated contact person. If to City, notification shall be delivered to the Beaches, Parks and Recreation Director; if to Exchange Club, notification shall be delivered to the Board President. g. Indemnification. To the fullest extent permitted by law, Exchange Club shall defend (with counsel of City’s choosing), indemnify and hold City, its directors, officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of actions, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in an manner arising, out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Exchange Club, its officials, officers, employees, subcontractors, consultants or agents in connection with the use of the Facility or this Agreement, including without limitations the payment of all damages, expert witness fess and attorney’s fees and other related costs and expenses. Exchange Clubs’ obligation to indemnify shall not be 112
ATTACHMENT 2
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restricted to insurance proceeds, if any, received by Exchange Club, City, its officials, officers, employees, agents or volunteers. This indemnification provision shall survive the termination of this Agreement. [End – signature page follows]
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ATTACHMENT 2
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IN WITNESS WHEREOF, the parties to this Agreement through their duly authorized representatives have executed this Agreement on the days and dates set out below, and certify that they have read, understood, and agreed to the terms and conditions as set forth herein.
“CITY”

CITY OF SAN CLEMENTE,
a municipal corporation
By:

Its: City Manager
Dated: _______________________, 2023 ATTEST:

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

BEST, BEST, & KREIGER, LLP
City Attorney
“EXCHANGE CLUB”

SAN CLEMENTE EXCHANGE CLUB,
a non-profit foundation
By:

Its:

Dated: _______________________, 2023
114

AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 2/7/2023 Agenda Item: F.

Department: Beaches, Parks and Recreation
Prepared By Samantha Wylie, Beaches, Parks & Recreation Director Subject:

FEE WAIVER REQUEST - SAN CLEMENTE WELLNESS AND PREVENTION CENTER FAMILY

FEST SPECIAL EVENT PERMIT
Fiscal Impact:

Approval of this request would result in a loss of rental revenue estimated at $3,934 related to permitting fees including costs of field usage, electricity, and other associated permit fees.

Summary:

Staff recommends that Council approve a fee waiver for fees associated with the 2023 Family Fest event sponsored by the Wellness and Prevention Center (“WPC”), a San Clemente-based non-profit organization. The intended purpose of the fee waiver is to allow the applicant an opportunity to maximize its proceeds and minimize costs at its special event.

Background:

The City Council adopted a fee waiver policy to encourage and promote activities, facility rentals, and special events/programs that provide valuable cultural, recreational, and civic benefits to residents, visitors, and businesses of San Clemente. The primary criterion to qualify for a fee waiver is that the organization must be a non-profit civic or social organization, and all revenue generated by the event must largely benefit the residents, visitors, and businesses of San Clemente.

The fee waiver policy also grants authority to the Beaches, Parks & Recreation Director to waive up to 25% of total rental fees and authorizes the City Manager to waive up to $600 of fees per event.

Requests beyond these amounts must be reviewed and approved by the City Council.

Discussion:

The WPC is requesting a fee waiver for the rental fees associated with its special event application to host the second annual “Family Fest” (Attachment 1). A special event permit (“SEP”) application has been received and is on file with the Beaches, Parks & Recreation Department. WPC has requested to hold the event on Saturday, April 29, 2023, at Jim Johnson Memorial Sports Park and anticipates serving 500 people.

The event is a fundraiser that will benefit the WPC. Family Fest will provide family-oriented activities (ie. inflatables, games, small competitions) and booths hosted by local health and wellness providers and businesses. WPC intends to highlight local resources that are available to support the well-being and mental health of children and families.

This event will utilize the two grass fields ($864) and one picnic area ($2,100) at Jim Johnson Sports CITY OF SAN CLEMENTE Page 1 of 2 Printed on 1/31/2023
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Meeting Date: 2/7/2023 Agenda Item: F.

This event will utilize the two grass fields ($864) and one picnic area ($2,100) at Jim Johnson Sports Park. These facilities are normally utilized by sport partner organizations and private picnic rentals during this time. Staff will work to allocate alternate locations for practices and games on this requested date. Picnic rentals will be unavailable during the event. Additional fees include the use of city electricity, additional janitorial support for public restrooms, reserved parking for food trucks, and amplified sound.

The following fees are not recommended within the fee waiver request and have been withheld from the recommended waiver amount. The applicant will be required to pay these fees in full before being issued the final permit.
· Application Fee, Complex Event: $110
· Street Banner Hanging Fee: $367
· Compliance/Damage Deposit (Refundable): $250
Recommended Actions:

Staff Recommendation
Staff recommends that the City Council approve a one-time fee waiver for the Wellness and Prevention Center’s 2023 Family Fest event to be held at Jim Johnson Memorial Sports Park in an amount not to exceed $3,934.

Attachment:

WPC fee waiver request
Notification:

Wellness and Prevention Center
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Wellness
& Prevention
Center.

Board of Directors
Executive Director:

Susan Parmelee, LCSW
Directors:

William H. Carson, President
Mark D. Murphy, CPA, Treasurer
Charlene Underhill Miller, VP
Megan Hernandez, Secretary
M. John Redmond, DDS, MS
Aron McKay
Advisors:

Chris Carter
Contact
Email: [email protected]
Tel: 949-680-0516
www.wpc-oc.org
Wellness & Prevention Center
700 Avenida Pico
San Clemente, California
92673
The Wellness & Prevention Center is a 501 (c) (3) Organization Tax Id 47-2443093 Dear City of San Clemente Staff & Council,
The Wellness & Prevention Center (W&PC) is planning to host the 2nd annual Family Fest on Saturday, April 29th, 2023 at Jim Johnson Memorial Park. This event will bring wellness and mental health resources for all ages in a fun family atmosphere.

The mission of W&PC is to help youth and families lead healthy and productive lives. The W&PC has been providing mental health services to youth and adults in San Clemente since 2014 through school-based services, community education, and low-cost therapy to community members. In February 2019 the W&PC hosted a Health and Wellness Fair at the Outlets at San Clemente with over 40 health-related vendors and 200 attendees.

The W&PC had determined that many community members felt they weren’t aware of resources or services to support their health. These types of events are often centralized in Orange County and don’t come as far south as San Clemente. The event was successful, and many asked for it to return again to San Clemente. In 2022 the idea of Family Fest came to life, bringing resources and family fun to San Clemente. The event supports the residents of San Clemente by bringing in wellness and social services organizations offering information, resources, and interactive activities for both children and adults. The event gathers the community to support local businesses by offering a community stage where dance studios, musicians, and other local community groups can perform and share about their businesses.

Businesses will be able to sponsor inflatables and other healthy fun attractions to make this event a real opportunity for families to learn about available resources in a fun environment with the goal of providing resources and raising funds to support mental health services for youth and families.

We request a waiver of park fees for this event. With your support, the WPC can make an impact on the lives of youth and families in our community.

Thank you for your support,
Susan Parmelee, LCSW, Executive Director
117

AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 2/7/2023 Agenda Item: G.

Department: Public Works
Prepared By: Amir K. Ilkhanipour, Principal Civil Engineer Subject:

CONSTRUCTION CONTRACT AWARD TO DIAMOND CONSTRUCTION FOR THE AVENIDA MONTALVO CANYON AND TRAIL IMPROVEMENT, CIP PROJECT NO. 16004 Fiscal Impact:

The estimated construction cost of $289,600 is within the available approved project budget of $495,656 from the Local Drainage Facilities Fund, CIP Project No. 16004.

Summary:

Staff recommends approval of a construction contract with Diamond Construction in the amount of $180,000 for the Avenida Montalvo Canyon and Trail Improvement.

Background:

Montalvo Canyon drains an area of approximately 360 acres of a watershed in the southwest portion of the City, as shown on Attachment 1. The outlet near the ocean has experienced some erosion issues and needs improvements to prevent further erosion of the bluff. Engineering consultants performed sediment and hydrological studies and have recommended the installation of gabion baskets that provide the least environmental impact for erosion control.

Prior to construction, environmental permits had to be secured with the Regional Water Quality Control Board (RWQCB), Army Corps of Engineers, California Department of Fish and Game and a Coastal Development Permit (CDP) from the California Coastal Commission. As part of the permit from RWQCB, the City is required to purchase a mitigation credit in the amount of $24,600 from the San Luis Rey Mitigation Bank for the project’s impacts of 0.04 acre. The CDP has also required the City to perform and maintain (for 5 years) 0.13 acres of habitat restorations in the vicinity of the project per a Habitat Management Plan, upon completion of the project. Staff will solicit bids for this habitat restoration work and will return to the City Council for contract approval at a later time.

The construction bid package was advertised for competitive bidding on the PlanetBids website. Six bids were received on January 17, 2023, ranging from $180,000 to $656,230, as shown on Attachment 2. The lowest responsive bidder was Diamond Construction of La Habra, California at $180,000. Generally, the construction management and inspection cost is approximately 10% of the construction. However, since full-time monitoring for 60 working days is required, the construction management and inspection cost exceeds the typical 10%. The construction management and inspection services are provided by PdM Consulting, Inc., one of the consultants from the City’s Oncall Engineering Services list.

Based on the low base bid, the construction and mitigation cost is estimated as follows:

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Meeting Date: 2/7/2023 Agenda Item: G.

Purchasing Mitigation Credit for Project $ 24,600
Construction Management, Administration 58,300
Construction Contract 180,000
Contingency (15%) 27,000
Total Estimated Construction Costs $289,900
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.

Recommended Actions:

Staff Recommendation

1. Approve the Plans and Specifications for the Avenida Montalvo Canyon and Trail Improvement, CIP Project No. 16004;

2. Approve, and authorize the Public Works Director/City Engineer to execute, Contract No. C23- 05, by and between the City of San Clemente and Diamond Construction, in the amount of $180,000, for the Avenida Montalvo Canyon and Trail Improvement, CIP Project No. 16004; and

3. Approve, and authorize the Public Works Director/City Engineer to execute, Agreement For Sale of Mitigation Credits San Luis Rey Mitigation Bank by and between the City of San Clemente and Wildlands SLR Holdings I, LLC., in the amount of $24,600, for the Avendia Montalvo Canyon and Trail Improvement, CIP Project No. 16004 Attachment:

1. Location Map

2. Bidders' List

3. Draft Diamond Construction Contract (without attachments)

4. Draft Agreement for Sale of Mitigation Credits
Notification:

None.

CITY OF SAN CLEMENTE Page 2 of 2 Printed on 1/31/2023
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5 AVE. PICO

EL CAMINO REAL

PACIFIC

OCEAN CITY BOUNDARY

CAMP PENDLETON
INTERSTATE 5
AVE. VISTA HERMOSA AVE. LA PATA
CM. DEL RIO
CM. DE LOS MARES
CLE. DEL CERRO
Montalvo Canyon and
Trail Improvements

NOT TO SCALE
PN 16004

PROJECT

LOCATION

LOCATION MAP

MONTALVO
CANYON

WATERSHED
Attachment 1
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City of San Clemente
Bid Results for Project AVENIDA MONTALVO CANYON AND TRAIL IMPROVEMENTS, Project No. 16004 (Project No. 16004) Issued on 12/22/2022Bid Due on January 17, 2023 2:00 PM (PST) Vendor Name Address City State Zip Bid Amount Format
Diamond Construction 921 N Harbor blv #622 La Habra CA 90631 $180,000.00 ElectronicGCI Construction, inc. 1031 Calle Recodo, Suite D San Clemente CA 92673 $386,589.00 ElectronicWright Construction Engineering Corp 2625 S Santa Fe Ave San Marcos CA 92069 $389,996.25 Electronic Zusser Company, Inc. 528 Palisades Drive Suite 504 Los Angeles CA 90272 $457,440.00 ElectronicR E Schultz Construction, Inc. 1767 N. Batavia Orange CA 92865 $494,140.00 ElectronicJilk Heavy Construction, Inc. 500 S Kraemer Blvd., Suite 380 Brea CA 92870 $656,230.00 Electronic Attachment 2
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55452.01510\32905704.2 CONTRACT

CONTRACT
THIS CONTRACT is made this _____ day of _________, 2023, in the County of Orange, State of California, by and between the City of San Clemente hereinafter called City, and Diamond Construction, 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:

AVENIDA MONTALVO CANYON AND TRAIL IMPROVEMENTS, PROJECT NO. 16004 The Contractor and its surety shall be liable to City for any damages arising as a result of the Contractor’s failure to comply with this obligation.

ARTICLE 2. TIME FOR COMPLETION. The Work shall be commenced on the date stated in City’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within sixty (60) Working Days from the commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work.

ARTICLE 3. CONTRACT PRICE. City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of One Hundred Eighty Thousand Dollars
($180,000). Payment shall be made as set forth in the General Conditions.

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

ARTICLE 4. LIQUIDATED DAMAGES/EARLY COMPLETION INCENTIVE. In accordance with Government Code section 53069.85, it is agreed that the Contractor will pay City the sum of $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
Attachment 3
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SECTION 00500

CONTRACT
55452.01510\32905704.2 CONTRACT
Contractor’s Certificate Regarding Workers’ Compensation Bid Bond
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 accordance with all of the Contract Documents.

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

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

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

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

IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and year above written.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed on the respective dates set forth opposite of their signatures. 123
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SECTION 00500

CONTRACT
55452.01510\32905704.2 CONTRACT

CITY OF SAN CLEMENTE
By:_______________________________
ATTEST: Its:_______________________________
______________________________ Dated: ____________________, 20____ 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
__________________________
(“CONTRACTOR”)
By:_____________________________
Its:_____________________________
Dated: __________________, 20____

END OF CONTRACT
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1 AGREEMENT FOR SALE OF MITIGATION CREDITS

SAN LUIS REY MITIGATION BANK
USACE File No. SPL-2017-00772-LOB
RWQCB File No. R9-2019-0226
This Agreement is made and entered into this day of ___________, 2023 by and between WILDLANDS SLR HOLDINGS I, LLC, a Delaware limited liability company (“Bank Sponsor”) and CITY OF SAN CLEMENTE, a municipal corporation (“Project Proponent”) as follows:

RECITALS
A. Bank Sponsor has developed the San Luis Rey Mitigation Bank (“Bank”) located in San Diego County, California; and
B. The Bank has been developed pursuant to a Bank Enabling Instrument entered into by and between Bank Sponsor, United States Army Corps of Engineers (“USACE”), and California Department of Fish and Wildlife (“CDFW”); and C. Bank Sponsor has received the approval of the USACE and CDFW to operate the Bank as a mitigation bank with wetland waters of the United States/State credits, waters of the United States/State credits and buffer credits for sale as compensation for the loss of waters of the United States, waters of the State and/or State jurisdictional habitats; and D. Project Proponent is seeking to implement the project described on Exhibit “A” attached hereto (“Project”), which would unavoidably and adversely impact waters of the United States and/or waters of the State thereon, and seeks to compensate for such impacts by purchasing compensatory credits from Bank Sponsor; and
E. Project Proponent has received authorization under Regional Water Quality Control Board (“RWQCB”) Section 401 Water Quality Certification No. R9-2019-0226 to purchase 0.04 acre of Re-established River: Wetland Waters of the U.S./State credits from the Bank; and
F. Project Proponent desires to purchase from Bank Sponsor and Bank Sponsor desires to sell to Project Proponent 0.04 acre of Re-established River: Wetland Waters of the U.S./State credits from the Bank.

NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:

1. Bank Sponsor hereby agrees to sell to Project Proponent and Project Proponent hereby agrees to purchase from Bank Sponsor 0.04 acre of Re-established River: Wetland Waters of the U.S./State credits (the “Credits”) for the purchase price of $24,600.00 (“Purchase Price”). The Purchase Price for said Credits shall be paid by wire transfer of funds according to written instructions by Bank Sponsor to Project Proponent, or by check payable to “Wildlands Attachment 4
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DRAFT
2 SLR Holdings I, LLC.” Upon receipt of the Purchase Price, Bank Sponsor will deliver to Project Proponent an executed Bill of Sale in the form attached hereto as Exhibit “B.”

2. The sale and transfer herein is not intended as a sale or transfer to Project Proponent of a security, license, lease, easement, or possessory or non-possessory interest in real property, nor the granting of any interest of the foregoing.

3. Project Proponent shall have no obligation whatsoever by reason of the purchase of the Credits, to support, pay for, monitor, report on, sustain, continue in perpetuity, or otherwise be obligated or liable for the success or continued expense or maintenance in perpetuity of the Credits sold, or the Bank. As required by law, Bank Sponsor shall monitor and make reports to the appropriate agency or agencies on the status of any Credits sold to Project Proponent. Bank Sponsor shall be fully and completely responsible for satisfying any and all conditions placed on the Bank or the Credits, by all state or federal jurisdictional agencies.

4. The Credits sold and transferred to Project Proponent shall be nontransferable and non-assignable, and shall not be used as compensatory mitigation for any other Project or purpose, except as set forth herein.

5. Project Proponent must deliver the Purchase Price to Bank Sponsor within 30 days of the date of this Agreement. After the 30-day period this Agreement will be considered null and void and Bank Sponsor shall have no further obligations hereunder.

IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written.

BANK SPONSOR: PROJECT PROPONENT:

WILDLANDS SLR HOLDINGS I, LLC,
a Delaware limited liability company
By:__________________________
Name:________________________
Title: ________________________
Date:_________________________
CITY OF SAN CLEMENTE, a municipal
corporation
By:__________________________
Name:________________________
Title: ________________________
Date:_________________________
APPROVED AS TO FORM: BEST

BEST & KRIEGER
____________________________
City Attorney
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3 Exhibit “A”

DESCRIPTION OF PROJECT
TO BE

MITIGATED
The Project proposes to install a concrete cutoff wall and gabion stream bank armoring system, relocate the existing earthen channel, and relocate a public trail. Permanent stream channel impacts will be mitigated through the purchase of 0.04 acre of re-established riverine wetland credits from the San Luis Rey Mitigation Bank in Oceanside, CA. The Project is located within the City of San Clemente, Orange County, California at the southwest end of the Plaza de la Playa cul-de-sac. The Project center reading is located at latitude 33.407555 and longitude - 117.60831.
*****
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4 Exhibit “B”

BILL OF SALE
Contract # SLRMB-23-___
USACE File No. SPL-2017-00772-LOB
RWQCB File No. R9-2019-0226
In consideration of $24,600.00, receipt of which is hereby acknowledged, WILDLANDS SLR HOLDINGS I, LLC, a Delaware limited liability company (“Bank Sponsor”) does hereby bargain, sell and transfer to CITY OF SAN CLEMENTE, a municipal corporation (“Project Proponent”) 0.04 acre of Re-established River: Wetland Waters of the U.S./State (riparian reestablishment) credits for the Montalvo Canyon Erosion Repair Project, in the San Luis Rey Mitigation Bank in San Diego County, California, developed and approved under the authority of the United States Army Corps of Engineers and California Department of Fish and Wildlife.

Bank Sponsor represents and warrants that it has good title to the Credits, has good right to sell the same, and that they are free and clear of all claims, liens, or encumbrances.

DATED: _______________________________________
WILDLANDS SLR HOLDINGS I, LLC, a Delaware limited liability company By: _________________________________________
Name:

Its:

M:marketing\Agreement\ saleSLR_Montalvo Canyon
Revised: 1/24/2023
128

AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 2/7/2023 Agenda Item: H.

Department: Utilities
Prepared By Julie Schmidt, Management Analyst II
Subject:

APPROVAL OF A THIRD AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH WATERLINE TECHNOLOGIES, INC. FOR DELIVERY OF 12.5% SODIUM HYPOCHLORITE.

Fiscal Impact:

There is adequate funding within the Water Operating Fund Account Number 052-463-42150 for the Third Amendment.

Summary:

Staff recommends that the City Council authorize the City Manager to sign a third amendment to the Professional Services Agreement with Waterline Technologies, Inc. for delivery of Sodium Hypochlorite for water treatment.

Background:

In 2018, there was a need to purchase the chemical Sodium Hypochlorite for on-site water treatment at Reservoirs 5A, 10, and 14 due to the completion of a construction project to improve water quality management. Sodium Hypochlorite (chlorine) is added to potable (drinking) water at the subject water reservoirs as a disinfectant to improve water quality within the reservoirs and water system.

Typically, vendors for chemical deliveries utilize 18-wheel trucks, but due to the location and limited access to the City’s reservoir sites, smaller delivery trucks are needed to navigate the narrow access roads. Utilities staff issued a Request for Proposals, and entered into an Agreement with the only vendor that provided a valid proposal, Waterline Technologies, Inc., a company with the capability to deliver to the limited access reservoir sites. On September 18, 2018, City Council approved an Agreement with Waterline Technologies for a two-year term through September 30, 2020 for $1.54/gallon for a maximum of $50,000, and authorized the City Manager to approve up to three, one -year extensions to the Agreement if Waterline Technologies and the City made a determination to extend the Contract after the initial two-year period.

Discussion:

Two Amendments to the Agreement with Waterline Technologies have been approved by the City Manager for this Agreement. A summary of the First and Second Amendment and the proposed Third Amendment are shown below.

First Amendment
The first amendment extended the contract for one year, with pricing remaining at $1.54/gallon, and increased the contract maximum from $50,000 to $54,000. This was the first of three one-year extensions that the City Council had given authorization for the City Manager to execute.

CITY OF SAN CLEMENTE Page 1 of 2 Printed on 1/31/2023
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Meeting Date: 2/7/2023 Agenda Item: H.

Second Amendment
This extended the term of the Agreement for one year and increased the contract maximum from $54,000 to $72,420 due to an increase in pricing to $1.89/gallon. This was the second of three oneyear extensions that the City Council had given authorization for the City Manager to execute.

Third Amendment (Proposed)
The quote received from Waterline Technologies, Inc. for a Third Amendment contains new pricing at $2.43/gallon. This $0.54/gallon increase is based on the higher costs for Sodium Hypochlorite from suppliers and increased fuel costs for delivery. This proposed Amendment would extend the Agreement through September 30, 2023, and add $30,000 to the contract maximum for a total contract amount of $102,420. The budget amount approved for Fiscal Year 2022-23 for Sodium Hypochlorite for water quality management is $30,000 in account 052-463-42150. This will be the third and final of the three extensions and a Request for Proposal process will be conducted for a new Agreement. Per the direction of the City Attorney due to the increase in unit cost, staff is recommending the City Council authorize the City Manager to approve the third and final contract extension.

Recommended Actions:

Staff Recommendation
Staff recommends that the City Council approve, and authorize the City Manager to execute, the Amendment No. 3 to Contract C18-50, by and between the City of San Clemente and Waterline Technologies, Inc. for Sodium Hypochlorite deliveries. This amendment increases the contract amount from $72,420 to $102,420 (an increase of $30,000).

Attachments:

1. Agenda Report dated September 18, 2018

2. First Amendment to the Agreement with Waterline Technologies

3. Second Amendment to the Agreement with Waterline Technologies

4. Third Amendment to the Agreement with Waterline Technologies Notification:

None.

CITY OF SAN CLEMENTE Page 2 of 2 Printed on 1/31/2023
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Attachment 1
131
132
Attachment 2
133
134
135
136
Attachment 3
137
138
139

THIRD AMENDMENT TO

PROFESSIONAL CONSULTANT SERVICES AGREEMENT TO FURNISH & DELIVER

12.5% SODIUM HYPOCHLORITE FOR WATER TREATMENT
This Third Amendment to Professional Consultant Services Agreement for Supply & Delivery of 12.5% Sodium Hypochlorite for Water Treatment (this “Third Amendment”) is made and entered into on this ____ day of ________, 2023, by and between the CITY OF SAN CLEMENTE, a California municipal corporation (“City”), and Waterline Technologies, Inc. (“Consultant”).

R E C I T A L S:

A. City and Consultant entered into that certain Professional Consultant Services Agreement for Supply & Delivery of 12.5% Sodium Hypochlorite for Water Treatment (the “Original Agreement”) on September 18, 2018.

B. City and Consultant entered into that certain First Amendment to the Professional Consultant Services Agreement for Supply & Delivery of 12.5% Sodium Hypochlorite for Water Treatment (“First Amendment”) on December 18, 2020.

C. City and Consultant entered into that certain Second Amendment to Professional Consultant Services Agreement for Supply & Delivery of 12.5% Sodium Hypochlorite for Water Treatment (“Second Amendment”) on January 13, 2022.

The Original Agreement, as modified by the First Amendment and the Second Amendment, is hereinafter referred to as the “Agreement”.

D. City and Consultant desire to amend the Agreement in the manner provided herein.

C O V E N A N T S:

Section 1.1 Term of the Agreement is hereby amended to extend the contract one year by changing the end date of the original agreement from September 30, 2022 to September 30, 2023.

Section 3.1 Payment Schedule of the Agreement is hereby amended by increasing the not to exceed amount from Seventy Two Thousand Four Hundred Twenty Dollars ($72,420) to One Hundred Two Thousand, Four Hundred and Twenty Dollars ($102,420) for the remainder of the Agreement based on the pricing listed in Exhibit A of this Third Amendment, which exhibit is attached hereto and incorporated herein by this reference.

Except as expressly amended by this Third Amendment, the remaining portions of the Agreement shall remain in full force and effect.

Attachment 4
DRAFT
140
IN WITNESS WHEREOF, the parties hereto have caused this Third Amendment to be duly executed on the respective dates set forth opposite of their signatures.

CITY OF SAN CLEMENTE
By:________________________________
ATTEST: Its:_______________________________
______________________________ Dated: ____________________, 20____ 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

__________________________
(“CONSULTANT”)

By:_____________________________
Its:_____________________________ DRAFT
Dated: __________________, 20____
141
EXHIBIT “A”
Please see attached Renewal Letter from Waterline Technologies, Inc.

DRAFT
142
August 29, 2022
City of San Clemente Utilities
Julie Schmidt, Management Analyst II
Phone: (949) 361‐6198 Fax: (949) 361‐8234
schmidtj1@san‐clemente.org
Subject: Amendment to Contract for Sodium Hypochlorite
Waterline Technologies Inc. would like to extend the current contract to supply Sodium Hypochlorite 12.5%. Effective 10/1/2022 through the end of the contract 9/30/23. Pricing shall be $2.43 per gallon delivered to the City Reservoir sites.

Due to market conditions pricing can not be held firm beyond 90 days.

Thank you
Tom Berrey, GM
Waterline Technologies
DRAFT
Inc.
143

AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 2/7/2023 Agenda Item: I.

Department: Utilities
Prepared By David Rebensdorf, Utilities Director
Subject:

ACCEPTANCE AND NOTICE OF COMPLETION FOR CYPRUS SHORE SEWER LINING, PROJECT NO. 12209.

Fiscal Impact:

The cost for the emergency sewer lining project was $81,750 and was completed within approved construction budget of $127,000 from the Sewer Depreciation Reserve Fund.

Summary:

Sancon Technologies has completed the contract for the Cyprus Shore Sewer Lining for Project No. 12209. Staff recommends the City Council accept the project.

Background:

When the Cyprus community was developed, the collection system, a sewer pump station serving approximately 400 homes, and a portion of the storm drain system was dedicated to and accepted by the City. Due to coastal bluff movement adjacent to the Cyprus Shore Clubhouse near the intersection of Calle Ariana and Avenue de las Palmeras, and to protect public safety and property, a temporary emergency sewer bypass was installed by City staff on September 20, 2021 and is operated by O’Connell Engineering and Construction. In addition, a bypass of the storm drain in Avenue de las Palmeras was constructed to keep storm water out of the coastal bluff landslide area.

Discussion:

Due to recent movement of the ancient landslide corresponding to slope stabilization construction by the Orange County Transportation Authority (OCTA) for protection of the railroad, City construction of the relocation of the sewer pump station within the ancient landslide and final design for the storm drain has been placed on hold. In addition, due to the movement there is concern for failure of the public water and sewer systems within the ancient landslide area. To minimize disruption to the residents, prevent a sewer spill, and maintain service within the community, lining of the sewer line was completed within the landslide area.

Recommended Actions:

Staff Recommendation

1. Accept the Cyprus Shore Sewer Lining, Project No. 12209 from the Contractor, Sancon Technologies, Inc.

2. Authorize the Utilities Director to execute, and the City Clerk to record, the Notice of CITY OF SAN CLEMENTE Page 1 of 2 Printed on 1/31/2023
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Meeting Date: 2/7/2023 Agenda Item: I.

2. Authorize the Utilities Director to execute, and the City Clerk to record, the Notice of Completion for the Cyprus Shore Sewer Lining, Project No. 12209.

3. Authorize the City Clerk to release the Payment Bond 35 days from the recordation of the Notice of Completion upon verification with the Utilities Department that no liens have been levied against Sancon Technologies, Inc.

Attachment:

1. Location Map

2. Notice of Completion

3. Agenda Report dated December 20, 2022 (without attachments) Notification:

None.

CITY OF SAN CLEMENTE Page 2 of 2 Printed on 1/31/2023
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VISTA AZUL VIA RANCHO

CLE CAMPESINO

CLE MARLENA

CLE ISABELLA

CLE LISA

CLE ARIANA

CLE LOUISA

AVE DE LAS PALMERAS

AVE VISTA DEL OCEANO

CLE ARIANA

CLE TIARA

VIA CALANDRIA

VIA ADELIA

CLE DE LAS FOCAS

CLE POTRANCA CLE DEL ESTABLO

VISTA BLANCA

CLE TIBURON

CLE POTRO

L PRESIDENTE
REAL (COAST HWY) A. T. & S. F. R. R.

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

AVE LUCIA

AVE DOLORES

AVE BUENA VENTURA

AVE SAN FERNANDO

AVE PALA

AVE SANTA MARGARITA AVE CARMELO

CLE FRANCESCA

VIAJASMIN

VIA COLORSO

AVE SAN DIEGO CLE ISABELLA

SAN DIEGO FREEWAY

LOCATION MAP
Cyprus Shore Storm Drain and
Pump Station Relocation
Attachment 1
PN 12004 & 12209

NOT TO SCALE

PROJECT

LOCATION
146
Recording Requested By:

City of San Clemente
When Recorded, Mail To:

City Clerk
City of San Clemente
910 Calle Negocio, Suite #100
San Clemente, CA 92672
Recorded for the benefit of the City of San
Clemente and exempt from recording fees
pursuant to Government Code Section 27383.

Space above this line is for Recorder’s Use Only

NOTICE OF COMPLETION
Notice is hereby given by the City of San Clemente, a Municipal Corporation, that a public work of improvement has been completed as follows:

1. Project title or description of work: Cyprus Shore Sewer Lining, Project No. 12209

2. Street address or legal description of the project site: 3920 Calle Ariana

3. Date of Completion: December 14, 2022

4. Name of owner: City of San Clemente.

5. Interest or estate of owner: Fee.

6. Address of owner: 910 Calle Negocio, San Clemente, CA 92673

7. Name and address of contractor: Sancon Technologies, Inc., 5841 Engineer Drive Huntington Beach, CA 92649
I am the Utilities Director for the City of San Clemente, a Municipal Corporation, the owner of the indicated interest or estate in the property described above. I make this verification on behalf of the City of San Clemente. I have read this Notice of Completion and know its contents. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Executed on __________________________ in San Clemente, California. _________________________________
David Rebensdorf, Utilities Director
City of San Clemente
ATTACHMENT 2
147
ATTACHMENT 3
148
149
150

AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 2/7/2023 Agenda Item: J.

Department: Utilities
Prepared By David Rebensdorf, Utilities Director
Subject:

RATIFICATION OF EMERGENCY PURCHASES AND SUPPLEMENTAL FUNDING FOR CYPRUS SHORE PUMP STATION EMERGENCY OPERATION, PROJECT NO. 12209.

Fiscal Impact:

Funding of $1,867,075 has been budgeted since September 2021 for emergency bypass pump station operation. An additional 180 days of operation is recommended, with funding from a supplemental appropriation in the amount of $714,450 from the Sewer Fund Depreciation Reserve to Account No. 054-476-45300-000-12209. There is sufficient fund balance within the proposed fund for the recommended supplemental appropriation.

Summary:

Coastal bluff movement at Cyprus Shore required 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. On October 19, 2021, the City Council ratified an emergency Professional Services Agreement and construction contracts that had been conditionally 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.

Subsequent to the initial movement, continued operation of the pump station has been necessary due to lack of direct power from SDG&E and use of existing manholes with limited storage for pumping operation while a more permanent facility was designed and constructed. Due to movement in the larger landslide extending to Calle Ariana, the construction of the relocated pump station has been placed on hold while the Orange County Transportation Authority installs two rows of tie-backs within the coastal bluff. The construction is anticipated for completion in March 2023. Once construction is complete, geologists will read inclinometers to determine if the slope has stabilized.

Once the stability is determined, the City can begin either relocating the pump station or utilize the existing pump station subject to approval for remedial grading by the California Coastal Commission (CCC). City staff has begun discussions with the CCC and anticipates submittal of an application to restore operation to the existing pump station.

Background:

To continue sewer service to approximately 400 homes within the Cyprus community while construction is either completed for a temporary pump station or restoration of the existing pump station, additional funding for pump watch, equipment and materials is needed. Staff is anticipating a minimum of 180 additional days to allow for determination of the slope stability and either construction of a new pump station or restoration of the existing facility. Construction of the relocated CITY OF SAN CLEMENTE Page 1 of 3 Printed on 2/1/2023
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Meeting Date: 2/7/2023 Agenda Item: J.
construction of a new pump station or restoration of the existing facility. Construction of the relocated pump station has been delayed due to supply chain issues and negotiations with the Cyprus Shore Homeowners Association regarding the location of the pump station and electrical equipment.

Staff is recommending the City Council authorize the Interim City Manager’s approval of a contract change order with O’Connell Engineering and Construction 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 $ 8,200/month
K-Rail 1,075/month
Generator 11,000/month
Diesel Fuel 3,800/month
Pump Watch (O’Connell) 85,000/month
Contingency 10% 10,000/month
Subtotal 119,075/month
Total (Assumes six months of operation) $714,450
Recommended Actions:

Staff Recommendation
Staff Recommends That the City Council:

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 if required to incur delays attributed to the typical engineering design and public competitive bidding process;

2. Declare that the public interest and necessity for continued service demand the immediate expenditure of public funds to safeguard public health.

3. Approve a supplemental appropriation in the amount of $714,450 to Account Number 054-476 -45300-000-12209 from the Sewer Fund Depreciation Reserve.

4. Authorize the Interim City Manager to approve Change Order No. 06 with O’Connell Engineering and Construction, Inc. on a time and materials basis for $510,000 for Cyprus Shore CITY OF SAN CLEMENTE Page 2 of 3 Printed on 2/1/2023
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Meeting Date: 2/7/2023 Agenda Item: J.

Emergency Pump Station Bypass Operation, Project No. 12209.

Attachment:

1. Location Map

2. October 19, 2021 City Council Agenda Report without attachments.

3. December 7, 2021 City Council Agenda Report without attachments.

4. February 15, 2022 City Council Agenda Report without attachments.

5. June 21, 2022 City Council Agenda Report without attachments.

6. July 19, 2022 City Council Agenda Report without attachments.

7. September 20, 2022 City Council Agenda Report without Attachments.

8. O’Connell Engineering and Construction Contract Change Order No. 06.

Notification:

None.

CITY OF SAN CLEMENTE Page 3 of 3 Printed on 2/1/2023
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VISTA AZUL

VIA RANCHO

CLE CAMPESINO

CLE MARLENA

CLE ISABELLA

CLE LISA

CLE ARIANA

CLE LOUISA

AVE DE LAS PALMERAS

AVE VISTA DEL OCEANO

CLE ARIANA

CLE TIARA

VIA CALANDRIA

VIA ADELIA

CLE DE LAS FOCAS

CLE POTRANCA

CLE DEL ESTABLO

VISTA BLANCA

CLE TIBURON

CLE POTRO
ENTE

AST HWY)
A. T. & S. F. R. R.

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

AVE LUCIA

AVE DOLORES

AVE BUENA VENTURA
AVE SA

AVE PALA

AVE SANTA MARGARITA

AVE CARMELO
CLE

FRANCESCA
VIA
JASMIN
VIA

COLORSO

AVE SAN DIEGO

CLE ISABELLA

SAN DIEGO FREEWAY
Cyprus Shore Storm Drain and
Pump Station Relocation
Attachment 1
PN 12004 & 12209

NOT TO SCALE

PROJECT

LOCATION
154
10-19-21 / 9B-1
$WWDFKPHQW
155
10-19-21 / 9B-2 156
10-19-21 / 9B-3 157
10-19-21 / 9B-4 158
$WWDFKPHQW
159
160
161
162
$WWDFKPHQW
163
164
$WWDFKPHQW
165
166
167
$WWDFKPHQW
168
169
170
171
172
173

CITY OF SAN CLEMENTE

CONTRACT CHANGE ORDER
PROJECT: Cyprus Shore Emergency Bypass Monitoring Contract 06 PROJECT NO. :

OWNER: City of San Clemente
PROJ. MGR.: David Rebensdorf, Utilities Director
CONTRACTOR:
36572 Deauville Road Date: 1/31/2023
Winchester, CA. 92596 Page 1 of 1
Original Contract Amount: $83,988.00
Previous CCO(s) Amount: $1,269,000.00
This CCO Amount: $510,000.00
Revised Contract Amount: $1,862,988.00
Notice to Proceed Date: 10/20/21
Original Contract Completion Date (30 Days): 11/03/21
Extended Calendar Days Through Previous CCO's: 451
Extended Calendar Days By This CCO: 180
Total Extension Calendar Days: 631
Extended Date for Completion: N/A
Substantial Completion Date: 07/29/23
O’Connell Engineering and Construction Inc
(Approval)
By: ____________________________________ Title:________________________ Date: _______________

CITY OF SAN CLEMENTE
(Approvals)
By:____________________________________ Title: Utilities Director/Construction Mgr Date: _______________ By:____________________________________ Title: City Manager Date: _______________ O’Connell Engineering and Construction Inc
12209
Change Order No.:

We hereby agree to extend the original contract by 180 days per this Change Order. This Order shall not be considered as such, until it has been signed by the Contractor and approvals are provided by the City.

The amount indicated shall be compensation on a time and materials basis for the work described, including all time extensions, direct and indirect costs, incidental or consequential costs or expenses, that have been or will be incurred by the Contractor.

ATTACHMENT 8
174

CITY OF SAN CLEMENTE

CONTRACT CHANGE ORDER
Exhibit “A”
Cyprus Shore Emergency Bypass Monitoring Contract CCO#: 06 Project No.: 12209 Date: 01/31/23
Page: 2 of 2
Force Acct. or Time Extension Total Time
Item Contract Extended Negotiated (Calendar Days) Extension No. Description Qty. Unit Unit Price Total Price weather Other (CD) Account # 054-476-45300-000-12209
Continued monitoring services through
7/29/23
SUBTOTALS: $0.00 $510,000.00
Total Price for this Contract Change Order = $510,000.00 Total Time Ext. = 631 B
C
A
Cyprus Shore Emergency Bypass
Monitoring Contract 1 LS n/a n/a $510,000.00 0 180 631
175

AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 2/7/2023 Agenda Item: K.

Department: Public Works
Prepared By Zak Ponsen, Assistant City Engineer
Subject:

ACCEPTANCE OF EMERGENCY ACCESS EASEMENT LOCATED AT 501 AND 515 AVENIDA

VAQUERO-SHORECLIFFS SENIOR APARTMENTS AND SHORECLIFFS GOLF COURSE Fiscal Impact:

None
Summary:

Staff recommends the City Council accept the Grant of Easement for Emergency Ingress and Egress (Emergency Access Easement) from the property owners of 501 Avenida Vaquero (Shorecliffs Golf Course Clubhouse) and 515 Avenida Vaquero (150-Unit Shorecliffs Senior Apartments). The Emergency Access Easement will allow legal on-site ingress and egress for police and fire services, which is required to be recorded prior to occupancy of the new buildings.

Background:

The development of the new 150-unit Shorecliffs Senior Apartments was approved by the Planning Commission on March 19, 2019. Included in the development application was a proposal to also rebuild the Shorecliffs Golf Course Clubhouse. Construction is on-going, but the Orange County Fire Authority (OCFA) requires an easement for emergency access purposes to be recorded prior to the occupancy of either of the two new buildings. The new golf course clubhouse construction is expected to be completed shortly, therefore the developer is requesting the City to accept and record the easement.

Discussion:

The property owners for the Shorecliffs Senior Apartments (GS-SM San Clemente Owner, LLC) and the Shorecliffs Golf Course (GC-8, LLC) are requesting that the City accept an emergency access easement for their new developments. The development of the new 150-unit Shorecliffs Senior Apartments included a Master Plan from the OCFA. The emergency access fire lanes required in the Master Plan will allow full ingress and egress access around the new development. Emergency access easements are typically included on subdivision maps when lots are created, but the Shorecliffs Golf Course and the new developments did not include such a subdivision or easement; therefore, an easement is needed at this time. The City accepts emergency access easements on behalf of both police and fire services.

Recommended Actions:

Staff Recommendation
CITY OF SAN CLEMENTE Page 1 of 2 Printed on 2/1/2023
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Meeting Date: 2/7/2023 Agenda Item: K.

Staff recommends that the City Council:

1. Accept the Grant of Easement for Emergency Ingress and Egress from GS-SM San Clemente Owner, LLC and GC-8, LLC.

2. Authorize the Mayor and City Clerk to execute the Grant of Easement for Emergency Ingress and Egress and Certificate of Acceptance.

3. Authorize the City Clerk to submit the Grant of Easement for Emergency Ingress and Egress and Certificate of Acceptance to the Orange County Recorder for recordation.

Attachment:

Grant of Easement for Emergency Ingress and Egress
Notification:

Mark McGuire- Attorney for GS-SM San Clemente Owner, LLC and GC-8, LLC CITY OF SAN CLEMENTE Page 2 of 2 Printed on 2/1/2023
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RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:

CITY OF SAN CLEMENTE
910 Calle Negocio, Suite 100
San Clemente, CA 92673
Attn: Public Works Director
______________________________________________________________________________ (SPACE ABOVE THIS LINE FOR RECORDER’S USE)
This Agreement is recorded at the request and for the
benefit of the City of San Clemente and is exempt from the payment of a recording fee pursuant to Government Code
§ 27383.

THE CITY OF SAN CLEMENTE
By:_____________________________________________
Its:_____________________________________________
Dated:_________________________, 2023

GRANT OF EASEMENT FOR EMERGENCY INGRESS AND EGRESS
THIS GRANT OF EASEMENT (the “Easement”) is made by GS-SM San Clemente Owner, LLC and GC-8, LLC (“Grantors”) in favor of the CITY OF SAN CLEMENTE (“Grantee”).

R E C I T A L S
A. Grantee is a municipal corporation with general police powers to protect the public health, safety, and welfare within the geographical limits of San Clemente. Pursuant to this general police power, Grantee is authorized to accept the dedication of emergency access rights through and over private property.

B. Grantors wish to grant and convey an easement for emergency ingress and egress over those portions of their real property legally described on Exhibit “A”, attached hereto and 178
incorporated herein by this reference, and depicted on Exhibit “B”, which is also attached hereto and incorporated herein by this reference.

C O V E N A N T:

In consideration of the foregoing Recitals, Grantors hereby covenant and convey to Grantee, including any of its officers, employees, agents and contractors, including the Orange County Fire Authority and the Orange County Sheriff’s Department, rights of ingress and egress over and across the property described in Exhibit “A” and depicted on Exhibit “B”. Grantors intend for the Easement to provide emergency vehicle access to their properties at any time in the event of any emergency.

GS-SM San Clemente Owner, a Delaware limited
liability company
By: GS-SM San Clemente, LLC, a Delaware limited
liability company, its sole manager
By: GS-San Clemente Manager, LLC, a Delaware
limited liability company, its manager
By:________________________________
Its: ________________________________
Dated: ______________________________
GC-8, LLC, a California limited liability company
By: __________________________________
Its: ___________________________________
Dated: ________________________________
179

ACCEPTANCE

STATE OF CALIFORNIA

COUNTY OF ORANGE

CITY OF SAN CLEMENTE
)
) ss.
)
THIS IS TO CERTIFY that the interest in real property conveyed by the deed or grant dated ___________________________ from GS-SM San Clemente Owner, LLC and GC-8, LLC to the CITY OF SAN CLEMENTE, a municipal corporation, is hereby accepted and Grantee consents to recordation thereof by its duly authorized officer.

Dated:________________________
By:_______________________________________
180
State of California )
County of )
On , before me, , Notary Public,
(here insert name and title of the officer)
personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature
(seal)
State of California )
County of )
On , before me, , Notary Public,
(here insert name and title of the officer)
personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature
181
1 EXHIBIT "A"

LEGAL DESCRIPTION

ORANGE COUNTY FIRE AUTHORITY

EMERGENCY ACCESS EASEMENT

THAT CERTAIN PARCEL OF LAND SITUATED, IN THE CITY OF SAN CLEMENTE, COUNTY OF ORANGE, STATE OF CALIFORNIA BEING A PORTION OF PARCELS 1 AND 2 OF LOT LINE ADJUSTMENT NO. LL-17-402 RECORDED JANUARY 28, 2019 AS INSTRUMENT NO. 2019000026437 OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

PARCEL 1
COMMENCING AT THE EASTERLY CORNER OF SAID PARCEL 2;
THENCE SOUTHWESTERLY ALONG THE SOUTHEASTERLY LINE OF SAID PARCEL 2 SOUTH 38°51'20" WEST 127.39 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 51°08'40" WEST 133.68 FEET TO THE BEGINNING OF A CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 225.00 FEET;
THENCE NORTHWESTERLY ALONG SAID CURVE 91.65 FEET THROUGH A CENTRAL ANGLE OF 23°20'16" TO THE BEGINNING OF A REVERSE CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 250.00 FEET, A RADIAL LINE OF SAID CURVE TO SAID BEGINNING BEARS NORTH 62°11'36" EAST;
THENCE NORTHWESTERLY ALONG SAID CURVE 29.75 FEET THROUGH A CENTRAL ANGLE OF 6°49'07" TO A POINT HEREINAFTER REFERRED TO AS POINT "A"; THENCE CONTINUING NORTHWESTERLY ALONG SAID CURVE 145.90 FEET THROUGH A CENTRAL ANGLE OF 33°26'11";
THENCE NORTH 68°03'42" WEST 14.71 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "B";
THENCE CONTINUING NORTH 68°03'42" WEST 393.61 FEET TO THE BEGINNING OF A CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 26.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE 8.59 FEET THROUGH A CENTRAL ANGLE OF 18°55'29";
THENCE NORTH 49°05'33" WEST 69.58 FEET;
THENCE SOUTH 68°09'36" WEST 167.15 FEET;
THENCE SOUTH 21°50'24" EAST 42.41 FEET TO THE BEGINNING OF A CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 75.00 FEET;
THENCE SOUTHEASTERLY ALONG SAID CURVE 63.25 FEET THROUGH A CENTRAL ANGLE OF 48°19'23" TO THE BEGINNING OF A REVERSE CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 52.00 FEET, A RADIAL LINE OF SIAD CURVE TO SAID BEGINNING BEARS NORTH 19°05'26" EAST;
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2 THENCE SOUTHEASTERLY ALONG SAID CURVE 75.23 FEET THROUGH A CENTRAL ANGLE OF 82°53'28" TO THE BEGINNING OF A REVERSE CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 50.00 FEET, A RADIAL LINE OF SAID CURVE TO SAID BEGINNING BEARS NORTH 78°01'06" WEST;
THENCE SOUTHEASTERLY ALONG SAID CURVE 50.01 FEET THROUGH A CENTRAL ANGLE OF 57°18'19";
THENCE SOUTH 45°19'25" EAST 31.20 FEET TO THE BEGINNING OF A CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 200.00 FEET;
THENCE SOUTHEASTERLY ALONG SAID CURVE 44.73 FEET THROUGH A CENTRAL ANGLE OF 12°48'52" TO THE BEGINNING OF A REVERSE CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 50.00 FEET, A RADIAL LINE OF SAID CURVE TO SAID BEGINNING BEARS NORTH 57°29'27" EAST;
THENCE SOUTHEASTERLY ALONG SAID CURVE 20.47 FEET THROUGH A CENTRAL ANGLE OF 23°27'33";
THENCE SOUTH 55°58'07" EAST 106.43 FEET TO THE BEGINNING OF A CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 50.00 FEET;
THENCE SOUTHEASTERLY ALONG SAID CURVE 21.16 FEET THROUGH A CENTRAL ANGLE OF 24°14'59";
THENCE SOUTH 80°13'06" EAST 76.85 FEET TO THE BEGINNING OF A CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 50.00 FEET;
THENCE EASTERLY ALONG SAID CURVE 36.43 FEET THROUGH A CENTRAL ANGLE OF 41°45'02";
THENCE NORTH 58°01'53" EAST 82.30 FEET TO THE BEGINNING OF A CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 17.01 FEET;
THENCE EASTERLY ALONG SAID CURVE 26.70 FEET THROUGH A CENTRAL ANGLE OF 89°56'32";
THENCE SOUTH 31°58'07" EAST 99.00 FEET;
THENCE NORTH 58°01'53" EAST 176.13 FEET TO THE BEGINNING OF A CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 17.01 FEET;
THENCE EASTERLY ALONG SAID CURVE 26.29 FEET THROUGH A CENTRAL ANGLE OF 88°33'57" TO THE BEGINNING OF A REVERSE CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 252.93 FEET, A RADIAL LINE OF SAID CURVE TO SAID BEGINNING BEARS NORTH 56°39'06" EAST;
THENCE SOUTHEASTERLY ALONG SAID CURVE 78.57 FEET THROUGH A CENTRAL ANGLE OF 17°47'55";
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3 THENCE SOUTH 51°08'40" EAST 133.68 FEET TO SAID SOUTHEASTERLY LINE OF PARCEL 2; THENCE NORTHEASTERLY ALONG SAID SOUTHEASTERLY LINE OF SAID PARCEL 2 NORTH 38°51'20" EAST 28.00 FEET TO THE TRUE POINT OF BEGINNING.

EXCEPTING THEREFROM THE FOLLOWING:

EXCEPTION 1
COMMENCING AT POINT "B";
THENCE SOUTH 21°56'18" WEST 24.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 68°03'42" WEST 87.69 FEET TO THE BEGINNING OF A CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 5.00 FEET;
THENCE WESTERLY ALONG SAID CURVE 4.64 FEET THROUGH A CENTRAL ANGLE OF 53°07'48";
THENCE NORTH 68°03'42" WEST 297.62 FEET TO THE BEGINNING OF A CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 57.47 FEET;
THENCE NORTHWESTERLY ALONG SAID CURVE 24.65 FEET THROUGH A CENTRAL ANGLE OF 24°34'14";
THENCE NORTH 49°10'51" WEST 43.56 FEET TO THE BEGINNING OF A CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 17.00 FEET;
THENCE WESTERLY ALONG SAID CURVE 17.54 FEET THROUGH A CENTRAL ANGLE OF 59°07'18";
THENCE SOUTH 68°09'29" WEST 98.87 FEET TO THE BEGINNING OF A CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 17.00 FEET;
THENCE SOUTHERLY ALONG SAID CURVE 26.92 FEET THROUGH A CENTRAL ANGLE OF 90°44'40";
THENCE SOUTH 22°35'11" EAST 0.88 FEET TO THE BEGINNING OF A CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 51.00 FEET;
THENCE SOUTHEASTERLY ALONG SAID CURVE 43.01 FEET THROUGH A CENTRAL ANGLE OF 48°19'24" TO THE BEGINNING OF A REVERSE CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 76.00 FEET, A RADIAL LINE OF SAID CURVE TO SAID BEGINNING BEARS NORTH 19°05'26" EAST;
THENCE SOUTHEASTERLY ALONG SAID CURVE 109.95 FEET THROUGH A CENTRAL ANGLE OF 82°53'28" TO THE BEGINNING OF A REVERSE CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 26.00 FEET, A RADIAL LINE OF SAID CURVE TO SAID BEGINNING BEARS NORTH 78°01'06" WEST;
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4 THENCE SOUTHEASTERLY ALONG SAID CURVE 26.00 FEET THROUGH A CENTRAL ANGLE OF 57°18'19";
THENCE SOUTH 45°19'25" EAST 31.20 FEET TO THE BEGINNING OF A CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 224.00 FEET;
THENCE SOUTHEASTERLY ALONG SAID CURVE 45.66 FEET THROUGH A CENTRAL ANGLE OF 11°40'49" TO THE BEGINNING OF A REVERSE CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 25.00 FEET, A RADIAL LINE OF SAID CURVE TO SAID BEGINNING BEARS NORTH 56°21'24" EAST;
THENCE SOUTHEASTERLY ALONG SAID CURVE 9.74 FEET THROUGH A CENTRAL ANGLE OF 22°19'30";
THENCE SOUTH 55°58'07' EAST 116.03 FEET TO THE BEGINNING OF A CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 25.00 FEET;
THENCE SOUTHEASTERLY ALONG SAID CURVE 10.58 FEET THROUGH A CENTRAL ANGLE OF 24°14'59";
THENCE SOUTH 80°13'06" EAST 69.58 FEET TO THE BEGINNING OF A CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 25.00 FEET;
THENCE EASTERLY ALONG SAID CURVE 17.64 FEET THROUGH A CENTRAL ANGLE OF 40°26'04";
THENCE NORTH 58°01'29" EAST 236.09 FEET TO THE BEGINNING OF A CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 17.00 FEET;
THENCE NORTHERLY ALONG SAID CURVE 36.35 FEET THROUGH A CENTRAL ANGLE OF 122°30'35" TO THE TRUE POINT OF BEGINNING.

ALSO EXCEPTING THEREFROM THE FOLLOWING:

EXCEPTION 2
COMMENCING AT POINT "A";
THENCE SOUTH 55°22'29" WEST 24.00 FEET TO THE TRUE POINT OF BEGINNING;

SAID TRUE POINT OF BEGINNING BEING A POINT ON A NON-TANGENT CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 226.00 FEET, A RADIAL LINE OF SAID CURVE TO SAID BEGINNING BEARS NORTH 55°22'29" EAST;
THENCE NORTHWESTERLY ALONG SAID CURVE 72.48 FEET TO THE BEGINNING OF A COMPOUND CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 17.00 FEET, A RADIAL LINE OF SAID CURVE TO SAID BEGINNING BEARS NORTH 36°59'54" EAST; THENCE WESTERLY ALONG SAID CURVE 20.46 FEET THROUGH A CENTRAL ANGLE OF 68°58'01";
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5 THENCE SOUTH 58°01'53" WEST 126.38 FEET TO THE BEGINNING OF A CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 17.01 FEET;
THENCE SOUTHERLY ALONG SAID CURVE 26.70 FEET THROUGH A CENTRAL ANGLE OF 89°56'32";
THENCE SOUTH 31°58'07" EAST 71.50 FEET TO THE BEGINNING OF A CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 3.50 FEET;
THENCE EASTERLY ALONG SAID CURVE 5.50 FEET THROUGH A CENTRAL ANGLE OF 89°59'56";
THENCE NORTH 58°01'53" EAST 160.58 FEET TO THE BEGINNING OF A CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 10.00 FEET;
THENCE NORTHERLY ALONG SAID CURVE 16.17 FEET THROUGH A CENTRAL ANGLE OF 92°39'24" TO THE TRUE POINT OF BEGINNING.

CONTAINING: 1.240 ACRES, MORE OR LESS
AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF
SUBJECT TO: COVENANTS, CONDITIONS, RESTRICTIONS, RIGHT OF WAY AND EASEMENTS OF RECORD.

PREPARED UNDER THE SUPERVISION OF:
__________________________________________
GREGORY S. BORCHARD, LS 7705
MY REGISTRATION EXPIRES: 12/31/22
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187
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AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 2/7/2023 Agenda Item: L.

Department: Public Works
Prepared By: Amir K. Ilkhanipour, Principal Civil Engineer Subject:

CONSTRUCTION CONTRACT AWARD TO O’CONNELL ENGINEERING AND CONSTRUCTION, INC. FOR THE RICHARD T. STEED PARK SLOPE EROSION REPAIRS, PROJECT NO. 12161 Fiscal Impact:

The estimated repairs cost of $125,560 is provided from in the Disaster Relief Fund. There is adequate funding for this expenditure.

Summary:

Staff recommends approval of a construction contract with O’Connell Engineering and Construction, Inc., in the amount of $98,460 for Richard T. Steed Park Slope Erosion Repairs.

Background:

On January 25, 2023, Public Works was notified of an eroded slope behind the ballfields, west of Calle Extremo, in the Richard T. Steed Park (as shown on Attachment 1). This erosion occurred during recent heavy rains and requires immediate repairs. Due to the urgency of the repairs, staff contacted three contractors that are currently working for the City and are performing satisfactorily. A site visit was conducted and a bid package was provided thereafter to these contractors. Staff received bids on January 30, 2023. O’Connell Engineering and Construction, Inc. of Winchester, California, and Diamond Construction and Design of La Habra, California provided bids in the amount of $98,460 and $253,598, respectively.

The lowest responsive bidder was O’Connell Engineering and Construction, Inc. at $98,460. Based on the low base bid, the repairs cost is estimated as follows:

Soils Testing and Inspection $ 17,300
Construction Contract 98,460
Contingency (10%) 9,800
Total Estimated repairs Cost $125,560
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 2). Project plans and specifications are on file in the City Clerk's Office.

Recommended Actions:

Staff Recommendation

1. Make a finding that an emergency exists in providing erosion repairs on the slope adjacent to CITY OF SAN CLEMENTE Page 1 of 2 Printed on 2/2/2023
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Meeting Date: 2/7/2023 Agenda Item: L.

1. Make a finding that an emergency exists in providing erosion repairs on the slope adjacent to the ball fields at the Richard T. Steed Park to potentially prevent or mitigate impairment to property and public services that might otherwise occur if required to incur delays attributed to the typical engineering design and public competitive bidding process; and

2. Approve, and authorize the Public Works Director/City Engineer to execute, Contract No. C23- 07, by and between the City of San Clemente and O’Connell Engineering and Construction, Inc., providing for the Richard T. Steed Park Slope Erosion Repairs, in the amount of $98,460, Project No. 12161.

Attachment:

1. Location Map

2. Draft O’Connell Construction Contract
Notification:

None.

CITY OF SAN CLEMENTE Page 2 of 2 Printed on 2/2/2023
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FRESNO

VIA PRESA

AVE LA PATA

CLE DEL CERRO

CLE AMANECER CLE SOMBRA

VIA ZARAGOZA PASEO ALBA

VIA SANTA MARIA

FINCA ST

CLE PASTADERO
(G ST)

CAM SAN JOSE CLE
(K ST) GEMA ST
(L ST)

FINCA ST
(J ST)

ALBERGAR ST

CLE PINTORESCO

CLE IGLESIA

CLE IGLESIA
(I ST)
(H ST)

VIA CALLEJON

CLE SOL

CLE PASTADERO

VIA COCO

CAM KATIA

CLE SOL

AVE FABRICANTE

AVE LA PATA

CALLE EXTREMO VIA PRESA

AVD FABRICANTE

GURREGO

EL BERRO

AVE OSSA

EL VUELO

BOLIVIA

DEL DIOS

LOMA ADRIA

ZORRO VISTA

LA FREMONTIA
FUTURA

LA SALLE

FIGUEROA

RIO LINDO

EL CHICO

CARNAROS CHAPITAL

OPTIMO ST

AVE VISTA MONTANA STA CLARA

CLE IGLESIA

CLE PINTORESCO

PASEO PINTO

CIRCULO EL

PLAZA FLORA

CALLE CARACAS

VIA LA MISSION

SAN MARTIN

NOGALES

VIAAMENO

CRESCENTA AVE DE

CLE SOMBRA
Richard T. Steed Park
Slope Erosion Repairs

NOT TO SCALE
PN 12161

PROJECT

LOCATION

LOCATION MAP
Attachment 1
191
55452.01510\32977834.2
1 CITY OF SAN CLEMENTE

CONSTRUCTION CONTRACT
RICHARD T. STEED PARK SLOPE EROSION REPAIRS

1. PARTIES AND DATE.

This Contract is made and entered into this ____ day of _________, 2023 by and between the City of San Clemente, a public agency of the State of California (“City”) and O’Connell Engineering & Construction, Inc., (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Contract.

2. RECITALS.

2.1 City. City is a public agency organized under the laws of the State of California, with power to contract for services necessary to achieve its purpose.

2.2 Contractor. Contractor desires to perform and assume responsibility for the provision of certain construction services required by the City on the terms and conditions set forth in this Contract. Contractor represents that it is duly licensed and experienced in providing RICHARD T. STEED PARK SLOPE EROSION REPAIRS related construction 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. The following license classifications are required for this Project: California Contract License Class A.

2.3 Project. City desires to engage Contractor to render such services for the RICHARD T. STEED PARK SLOPE EROSION REPAIRS (“Project”) as set forth in this Contract.

2.4 Project Documents & Certifications. Contractor has obtained, and delivers concurrently herewith, a performance bond, a payment bond, and all insurance documentation, as required by the Contract.

3. TERMS

3.1 Incorporation of Documents. This Contract includes and hereby incorporates in full by reference the following documents, including all exhibits, drawings, specifications and documents therein, and attachments and addenda thereto:
x Services/Schedule (Exhibit “A”)
x Plans and Specifications (Exhibit “B”)
x Special Conditions (Exhibit “C”)
x Contractor’s Certificate Regarding Workers’ Compensation (Exhibit “D”) x Public Works Contractor Registration Certification (Exhibit “E”) x Payment and Performance Bonds (Exhibit “F”)
x Federal Requirements (Exhibit “G”) (Not Applicable)
x Insurance Requirements (Exhibit “H)
x Addenda
x Change Orders executed by the City
x 2021 Edition of the Standard Specifications for Public Works Construction (The Greenbook), Excluding Sections 1-8
$WWDFKPHQW2
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192
55452.01510\32977834.2
2 x Notice Inviting Bids, if any
x Instructions to Bidders, if any
x Contractor’s Bid

3.2 Contractor’s Basic Obligation; Scope of Work. Contractor promises and agrees, at its own cost and expense, to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately complete the Project, including all structures and facilities necessary for the Project or described in the Contract (hereinafter sometimes referred to as the “Work”), for a Total Contract Price as specified pursuant to this Contract. All Work shall be subject to, and performed in accordance with the above referenced documents, as well as the exhibits attached hereto and incorporated herein by reference. The plans and specifications for the Work are further described in Exhibit “B” attached hereto and incorporated herein by this reference. Special Conditions, if any, relating to the Work are described in Exhibit “C” attached hereto and incorporated herein by this reference.

3.2.1 Change in Scope of Work. Any change in the scope of the Work, method of performance, nature of materials or price thereof, or any other matter materially affecting the performance or nature of the Work shall not be paid for or accepted unless such change, addition or deletion is approved in writing by a valid change order executed by the City. Should Contractor request a change order due to unforeseen circumstances affecting the performance of the Work, such request shall be made within five (5) business days of the date such circumstances are discovered or shall waive its right to request a change order due to such circumstances. If the Parties cannot agree on any change in price required by such change in the Work, the City may direct the Contractor to proceed with the performance of the change on a time and materials basis.

3.2.2 Substitutions/“Or Equal”. Pursuant to Public Contract Code Section 3400(b), the City may make a finding that designates certain products, things, or services by specific brand or trade name. Unless specifically designated in this Contract, whenever any material, process, or article is indicated or specified by grade, patent, or proprietary name or by name of manufacturer, such Specifications shall be deemed to be used for the purpose of facilitating the description of the material, process or article desired and shall be deemed to be followed by the words “or equal.”
Contractor may, unless otherwise stated, offer for substitution any material, process or article which shall be substantially equal or better in every respect to that so indicated or specified in this Contract. However, the City may have adopted certain uniform standards for certain materials, processes and articles. Contractor shall submit requests, together with substantiating data, for substitution of any “or equal” material, process or article no later than thirty-five (35) days after award of the Contract. To facilitate the construction schedule and sequencing, some requests may need to be submitted before thirty-five (35) days after award of Contract. Provisions regarding submission of “or equal” requests shall not in any way authorize an extension of time for performance of this Contract. If a proposed “or equal” substitution request is rejected, Contractor shall be responsible for providing the specified material, process or article.

The burden of proof as to the equality of any material, process or article shall rest with Contractor.

The City has the complete and sole discretion to determine if a material, process or article is an “or equal” material, process or article that may be substituted. Data required to substantiate requests for substitutions of an “or equal” material, process or article data shall include a signed affidavit from Contractor stating that, and describing how, the substituted “or equal” material, process or article is equivalent to that specified in every way except as listed on DRAFTin the s in th
other matter other
accepted unless s accepted u
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ances affecting the perf ances affecting the pe
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finding that designate finding that design
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193
55452.01510\32977834.2
3 the affidavit. Substantiating data shall include any and all illustrations, specifications, and other relevant data including catalog information which describes the requested substituted “or equal” material, process or article, and substantiates that it is an “or equal” to the material, process or article. The substantiating data must also include information regarding the durability and lifecycle cost of the requested substituted “or equal” material, process or article. Failure to submit all the required substantiating data, including the signed affidavit, to the City in a timely fashion will result in the rejection of the proposed substitution.

Contractor shall bear all of the City’s costs associated with the review of substitution requests. Contractor shall be responsible for all costs related to a substituted “or equal” material, process or article. Contractor is directed to the Special Conditions (if any) to review any findings made pursuant to Public Contract Code section 3400.

3.3 Period of Performance.

3.3.1 Contract Time. Contractor shall perform and complete all Work under this Contract within Ten (10) working days, beginning the effective date of the Notice to Proceed (“Contract Time”). Contractor shall perform its Work in strict accordance with any completion schedule, construction schedule or project milestones developed by the City. Such schedules or milestones may be included as part of Exhibits “A” or “B” attached hereto, or may be provided separately in writing to Contractor. Contractor agrees that if such Work is not completed within the aforementioned Contract Time and/or pursuant to any such completion schedule, construction schedule or project milestones developed pursuant to provisions of the Contract, it is understood, acknowledged and agreed that the City will suffer damage.

3.3.2 Force Majeure. Neither City nor Contractor shall be considered in default of this Contract for delays in performance caused by circumstances beyond the reasonable control of the non-performing party. For purposes of this Contract, such circumstances include but are not limited to, abnormal weather conditions; floods; earthquakes; fire; pandemics or epidemics; war; riots and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage or judicial restraint. Should such circumstances occur, the nonperforming party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Contract. Contractor’s exclusive remedy in the event of delay covered under this section shall be a non-compensable extension of the Contract Time.

3.3.3 Liquidated Damages. Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated damages the sum of Eight Hundred Dollars ($800) per day for each and every calendar day of delay beyond the Contract Time or beyond any completion schedule, construction schedule or Project milestones established pursuant to the Contract.

3.4 Standard of Performance; Performance of Employees. Contractor shall perform all Work under this Contract in a skillful and workmanlike manner, and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Work. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Work 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 Work, including any required DRAFTand co
ctive date o ctive
strict accordance strict acco
developed by the developed by the City.
or “B” attached hereto or “B” attached here
grees that if such Work rees that if such Work
ant to any such comple to any suc
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ll suffer damage. suffer damage.
. Neither City nor Con Neither City nor Con
rformance caused by rformance cause
arty. For purposes of t arty. For purposes
rmal weather condition mal weather conditio
other civil disturbances civil disturbances
otage or judicial restra otage or judicia
l, within a reasonable t l, within a reasonable
arty describing the cir
resume performa resume perform
nder this se
194
55452.01510\32977834.2
4 business license, and that such licenses and approvals shall be maintained throughout the term of this Contract. As provided for in the indemnification provisions of this Contract, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any work necessary to correct errors or omissions which are caused by Contractor’s failure to comply with the standard of care provided for herein. Any employee who is determined by the City to be uncooperative, incompetent, a threat to the safety of persons or the Work, or any employee who fails or refuses to perform the Work in a manner acceptable to the City, shall be promptly removed from the Project by Contractor and shall not be re-employed on the Work.

3.5 Control and Payment of Subordinates; Contractual Relationship. City retains Contractor on an independent contractor basis and Contractor is not an employee of City. Any additional personnel performing the work governed by this Contract on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Contract 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, and workers’ compensation insurance.

3.6 City’s Basic Obligation. City agrees to engage and does hereby engage Contractor as an independent contractor to furnish all materials and to perform all Work according to the terms and conditions herein contained for the sum set forth above. Except as otherwise provided in the Contract, the City shall pay to Contractor, as full consideration for the satisfactory performance by Contractor of the services and obligations required by this Contract, the belowreferenced compensation in accordance with compensation provisions set forth in the Contract.

3.7 Compensation and Payment.

3.7.1 Amount of Compensation. As consideration for performance of the Work required herein, City agrees to pay Contractor the Total Contract Price of Ninety Eight Thousand Four Hundred and Sixty Dollars ($98,460.00) (“Total Contract Price”) provided that such amount shall be subject to adjustment pursuant to the applicable terms of this Contract or written change orders approved and signed in advance by the City.

3.7.2 Payment of Compensation. If the Work is scheduled for completion in Thirty (30) or less calendar days, City will arrange for payment of the Total Contract Price upon completion and approval by City of the Work. If the Work is scheduled for completion in more than thirty (30) calendar days, City will pay Contractor on a monthly basis as provided for herein.

On or before the fifth (5th) day of each month, Contractor shall submit to the City an itemized application for payment in the format supplied by the City indicating the amount of Work completed since commencement of the Work or since the last progress payment. These applications shall be supported by evidence which is required by this Contract and such other documentation as the City may require. The Contractor shall certify that the Work for which payment is requested has been done and that the materials listed are stored where indicated. Contractor may be required to furnish a detailed schedule of values upon request of the City and in such detail and form as the City shall request, showing the quantities, unit prices, overhead, profit, and all other expenses involved in order to provide a basis for determining the amount of progress payments.

3.7.3 Prompt Payment. City shall review and pay all progress payment requests in accordance with the provisions set forth in Section 20104.50 of the California Public Contract Code. However, no progress payments will be made for Work not completed in accordance with DRAFTe f
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5 this Contract. Contractor shall comply with all applicable laws, rules and regulations relating to the proper payment of its employees, subcontractors, suppliers or others.

3.7.4 Contract Retentions. From each approved progress estimate, five percent (5%) will be deducted and retained by the City, and the remainder will be paid to Contractor. All Contract retention shall be released and paid to Contractor and subcontractors pursuant to California Public Contract Code Section 7107.

3.7.5 Other Retentions. In addition to Contract retentions, the City may deduct from each progress payment an amount necessary to protect City from loss because of: (1) liquidated damages which have accrued as of the date of the application for payment; (2) any sums expended by the City in performing any of Contractor’s obligations under the Contract which Contractor has failed to perform or has performed inadequately; (3) defective Work not remedied; (4) stop notices as allowed by state law; (5) reasonable doubt that the Work can be completed for the unpaid balance of the Total Contract Price or within the scheduled completion date; (6) unsatisfactory prosecution of the Work by Contractor; (7) unauthorized deviations from the Contract; (8) failure of Contractor to maintain or submit on a timely basis proper and sufficient documentation as required by the Contract or by City during the prosecution of the Work; (9) erroneous or false estimates by Contractor of the value of the Work performed; (10) any sums representing expenses, losses, or damages as determined by the City, incurred by the City for which Contractor is liable under the Contract; and (11) any other sums which the City is entitled to recover from Contractor under the terms of the Contract or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the City to deduct any of these sums from a progress payment shall not constitute a waiver of the City’s right to such sums.

3.7.6 Substitutions for Contract Retentions. In accordance with California Public Contract Code Section 22300, the City will permit the substitution of securities for any monies withheld by the City to ensure performance under the Contract. At the request and expense of Contractor, securities equivalent to the amount withheld shall be deposited with the City, or with a state or federally chartered bank in California as the escrow agent, and thereafter the City shall then pay such monies to Contractor as they come due. Upon satisfactory completion of the Contract, the securities shall be returned to Contractor. For purposes of this Section and Section 22300 of the Public Contract Code, the term “satisfactory completion of the contract” shall mean the time the City has issued written final acceptance of the Work and filed a Notice of Completion as required by law and provisions of this Contract. Contractor shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon. The escrow agreement used for the purposes of this Section shall be in the form provided by the City.

3.7.7 Title to Work. As security for partial, progress, or other payments, title to Work for which such payments are made shall pass to the City at the time of payment. To the extent that title has not previously been vested in the City by reason of payments, full title shall pass to the City at delivery of the Work at the destination and time specified in this Contract. Such transferred title shall in each case be good, free and clear from any and all security interests, liens, or other encumbrances. Contractor promises and agrees that it will not pledge, hypothecate, or otherwise encumber the items in any manner that would result in any lien, security interest, charge, or claim upon or against said items. Such transfer of title shall not imply acceptance by the City, nor relieve Contractor from the responsibility to strictly comply with the Contract, and shall not relieve Contractor of responsibility for any loss of or damage to items.

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6 3.7.8 Labor and Material Releases. Contractor shall furnish City with labor and material releases from all subcontractors performing work on, or furnishing materials for, the Work governed by this Contract prior to final payment by City.

3.7.9 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 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 Contract upon request. 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 Contractor’s principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its 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. Contractor and any subcontractor shall forfeit a penalty of up to $200 per calendar day or portion thereof for each worker paid less than the prevailing wage rates.

3.7.10 Apprenticeable Crafts. When Contractor employs workmen in an apprenticeable craft or trade, Contractor shall comply with the provisions of Section 1777.5 of the California Labor Code with respect to the employment of properly registered apprentices upon public works. The primary responsibility for compliance with said section for all apprenticeable occupations shall be with Contractor. The Contractor or any subcontractor that is determined by the Labor Commissioner to have knowingly violated Section 1777.5 shall forfeit as a civil penalty an amount not exceeding $100 for each full calendar day of noncompliance, or such greater amount as provided by law.

3.7.11 Hours of Work. Contractor is advised that eight (8) hours labor constitutes a legal day’s work. Pursuant to Section 1813 of the California Labor Code, Contractor shall forfeit a penalty of $25.00 per worker for each day that each worker is permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week, except when payment for overtime is made at not less than one and one-half (1-1/2) times the basic rate for that worker.

3.7.12 Payroll Records. Contractor and each subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. The payroll records shall be certified and shall be available for inspection at all reasonable hours at the principal office of Contractor in the manner provided in Labor Code section 1776. In the event of noncompliance with the requirements of this section, Contractor shall have 10 days in which to comply subsequent to receipt of written notice specifying in what respects such Contractor must comply with this section. Should noncompliance still be evident after such 10-day period, Contractor shall, as a penalty to City, forfeit not more than $100.00 for each calendar day or portion thereof, for each worker, until strict compliance is effectuated. The amount of the forfeiture is to be determined by the Labor Commissioner. A contractor who is found to have violated the provisions of law regarding wages on Public Works with the intent to defraud shall be ineligible to bid on Public Works contracts for a period of one to three years as DRAFTall
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7 determined by the Labor Commissioner. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payments then due. The responsibility for compliance with this section is on Contractor.

The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.

3.7.13 Contractor and Subcontractor Registration. Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work. Contractor is directed to review, fill out and execute the Public Works Contractor Registration Certification attached hereto as Exhibit “E” prior to contract execution. 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 public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.

3.7.14 Labor Compliance; Stop Orders. This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be the Contractor’s sole responsibility to evaluate and pay the cost of complying with all labor compliance requirements under this Contract and applicable law. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor’s performance of Work, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay subject to any applicable liquidated damages and shall not be compensable by the City.

Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor.

3.8 Performance of Work; Jobsite Obligations.

3.8.1 Water Quality Management and Compliance.

3.8.1.1 Water Quality Management and Compliance. 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 Work including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); local ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the State.

3.8.1.2 Compliance with the Statewide Construction General Permit. Contractor shall comply with all conditions of the most recent iteration of the National Pollutant Discharge Elimination System General Permit for Storm Water Discharges Associated with Construction Activity, issued by the California State Water Resources Control Board (“Permit”). It shall be Contractor’s sole responsibility to file a Notice of Intent and procure coverage under the Permit for all construction activity which results in the disturbance of more than one DRAFTtio
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8 acre of total land area or which is part of a larger common area of development or sale. Prior to initiating work, Contractor shall be solely responsible for preparing and implementing a Storm Water Pollution Prevention Plan (SWPPP) as required by the Permit. If required by the City, Contractor shall be responsible for procuring, implementing and complying with the provisions of the Permit and the SWPPP, including the standard provisions, and monitoring and reporting requirements as required by the Permit. The Permit requires the SWPPP to be a “living document” that changes as necessary to meet the conditions and requirements of the job site as it progresses through difference phases of construction and is subject to different weather conditions. It shall be Contractor’s sole responsibility to update the SWPPP as necessary to address conditions at the project site.

3.8.1.3 Other Water Quality Rules Regulations and Policies.

Contractor shall comply with the lawful requirements of any applicable municipality, drainage City, or local agency regarding discharges of storm water to separate storm drain systems or other watercourses under their jurisdiction, including applicable requirements in municipal storm water management programs.

3.8.1.4 Cost of Compliance. Storm, surface, nuisance, or other waters may be encountered at various times during construction of The Work. Therefore, the Contractor, by submitting a Bid, 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.

3.8.1.5 Liability for Non-Compliance. Failure to comply with the Permit is a violation of federal and state law. Pursuant to the indemnification provisions of this Contract, Contractor hereby agrees to defend, indemnify and hold harmless the City and its officials, officers, employees, volunteers and agents for any alleged violations. In addition, City may seek damages from Contractor for any delay in completing the Work in accordance with the Contract, if such delay is caused by or related to Contractor’s failure to comply with the Permit.

3.8.1.6 Reservation of Right to Defend. City reserves the right to defend any enforcement action brought against the City for Contractor’s failure to comply with the Permit or any other relevant water quality law, regulation, or policy. Pursuant to the indemnification provisions of this Contract, Contractor hereby agrees to be bound by, and to reimburse the City for the costs (including the City’s attorney’s fees) associated with, any settlement reached between the City and the relevant enforcement entity.

3.8.1.7 Training. In addition to the standard of performance requirements set forth in paragraph 3.4, Contractor warrants that all 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 paragraph 3.8.1. Contractor further warrants that it, its employees and subcontractors will receive adequate training, as determined by City, regarding the requirements of the laws, regulations and policies described in paragraph 3.8.1 as they may relate to the Work provided under this Agreement. Upon request, City will provide the Contractor with a list of training programs that meet the requirements of this paragraph.

3.8.2 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. Contractor shall comply with the requirements of the specifications relating to safety measures applicable in particular operations or kinds of work. In carrying out its Work, Contractor shall at all times be in compliance with all applicable local, state DRAFTme
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9 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, adequate life protection and lifesaving equipment; adequate illumination for underground and night operations; instructions in accident prevention for all employees, such as machinery guards, safe walkways, scaffolds, ladders, bridges, gang planks, confined space procedures, trenching and shoring, fall protection and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and adequate facilities for the proper inspection and maintenance of all safety measures. Furthermore, Contractor shall prominently display the names and telephone numbers of at least two medical doctors practicing in the vicinity of the Project, as well as the telephone number of the local ambulance service, adjacent to all telephones at the Project site.

3.8.3 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 Contract or the Work, 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 Work. If Contractor observes that the drawings or specifications are at variance with any law, rule or regulation, it shall promptly notify the City in writing. Any necessary changes shall be made by written change order. If Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Contract to the same extent as though set forth herein and will be complied with. Contractor shall defend, indemnify and hold City, its officials, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Contract, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.8.4 Permits and Licenses. Contractor shall be responsible for securing City permits and licenses necessary to perform the Work described herein, including, but not limited to, any required business license. While Contractor will not be charged a fee for any City permits, Contractor shall pay the City’s business license fee, if any. Any ineligible contractor or subcontractor pursuant to Labor Code Sections 1777.1 and 1777.7 may not perform work on this Project.

3.8.5 Trenching Work. If the Total Contract Price exceeds $25,000 and if the Work governed by this Contract entails excavation of any trench or trenches five (5) feet or more in depth, Contractor shall comply with all applicable provisions of the California Labor Code, including Section 6705. To this end, Contractor shall submit for City’s review and approval a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. If such plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer.

3.8.6 Hazardous Materials and Differing Conditions. As required by California Public Contract Code Section 7104, if this Contract involves digging trenches or other excavations that extend deeper than four (4) feet below the surface, Contractor shall promptly, and prior to disturbance of any conditions, notify City of: (1) any material discovered in excavation that Contractor believes to be a hazardous waste that is required to be removed to a Class I, Class II DRAFTlat
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10 or Class III disposal site; (2) subsurface or latent physical conditions at the site differing from those indicated by City; and (3) unknown physical conditions of an unusual nature at the site, significantly different from those ordinarily encountered in such contract work. Upon notification, City shall promptly investigate the conditions to determine whether a change order is appropriate.

In the event of a dispute, Contractor shall not be excused from any scheduled completion date and shall proceed with all Work to be performed under the Contract, but shall retain all rights provided by the Contract or by law for making protests and resolving the dispute.

3.8.7 Underground Utility Facilities. To the extent required by Section 4215 of the California Government Code, City shall compensate Contractor for the costs of: (1) locating and repairing damage to underground utility facilities not caused by the failure of Contractor to exercise reasonable care; (2) removing or relocating underground utility facilities not indicated in the construction drawings; and (3) equipment necessarily idled during such work. Contractor shall not be assessed liquidated damages for delay caused by failure of City to provide for removal or relocation of such utility facilities.

3.8.8 Air Quality. Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the California Air Resources Board (CARB). Although CARB limits and requirements are more broad, Contractor shall specifically be aware of their application to "portable equipment", which definition is considered by CARB to include any item of equipment with a fuel-powered engine. Contractor shall indemnify City against any fines or penalties imposed by CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement.

3.8.9 State Recycling Mandates. Contractor shall comply with State Recycling Mandates. Any recyclable materials/debris collected by the contractor that can be feasibly diverted via reuse or recycling must be hauled by the appropriate handler for reuse or recycling.

3.9 Completion of Work. When Contractor determines that it has completed the Work required herein, Contractor shall so notify City in writing and shall furnish all labor and material releases required by this Contract. City shall thereupon inspect the Work. If the Work is not acceptable to the City, the City shall indicate to Contractor in writing the specific portions or items of Work which are unsatisfactory or incomplete. Once Contractor determines that it has completed the incomplete or unsatisfactory Work, Contractor may request a reinspection by the City. Once the Work is acceptable to City, City shall pay to Contractor the Total Contract Price remaining to be paid, less any amount which City may be authorized or directed by law to retain.

Payment of retention proceeds due to Contractor shall be made in accordance with Section 7107 of the California Public Contract Code.

3.10 Claims; Government Code Claim Compliance.

3.10.1 Intent. Effective January 1, 1991, Section 20104 et seq., of the California Public Contract Code prescribes a process utilizing informal conferences, non-binding judicial supervised mediation, and judicial arbitration to resolve disputes on construction claims of $375,000 or less. Effective January 1, 2017, Section 9204 of the Public Contract Code prescribes a process for negotiation and mediation to resolve disputes on construction claims. The intent of this Section is to implement Sections 20104 et seq. and Section 9204 of the California Public Contract Code. This Section shall be construed to be consistent with said statutes.

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11 3.10.2 Claims. For purposes of this Section, “Claim” means a separate demand by the Contractor, after a change order duly requested in accordance with the terms of this Contract has been denied by the City, for (A) a time extension, (B) payment of money or damages arising from Work done by or on behalf of the Contractor pursuant to the Contract, or (C) an amount the payment of which is disputed by the City. A “Claim” does not include any demand for payment for which the Contractor has failed to provide notice, request a change order, or otherwise failed to follow any procedures contained in the Contract Documents. Claims governed by this Section may not be filed unless and until the Contractor completes all procedures for giving notice of delay or change and for the requesting of a time extension or change order, including but not necessarily limited to the change order procedures contained herein, and Contractor’s request for a change has been denied in whole or in part. Claims governed by this Section must be filed no later than fourteen (14) days after a request for change has been denied in whole or in part or after any other event giving rise to the Claim. The Claim shall be submitted in writing to the City and shall include on its first page the following in 16 point capital font: “THIS IS A CLAIM.” Furthermore, the claim shall include the documents necessary to substantiate the claim. Nothing in this Section is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims, including all requirements pertaining to compensation or payment for extra Work, disputed Work, and/or changed conditions. Failure to follow such contractual requirements shall bar any claims or subsequent lawsuits for compensation or payment thereon.

3.10.3 Supporting Documentation. The Contractor shall submit all claims in the following format:

3.10.3.1 Summary of claim merit and price, reference Contract Document provisions pursuant to which the claim is made

3.10.3.2 List of documents relating to claim:
(A) Specifications
(B) Drawings
(C) Clarifications (Requests for Information)
(D) Schedules
(E) Other

3.10.3.3 Chronology of events and correspondence

3.10.3.4 Analysis of claim merit

3.10.3.5 Analysis of claim cost

3.10.3.6 Time impact analysis in CPM format

3.10.3.7 If Contractor’s claim is based in whole or in part on an allegation of errors or omissions in the Drawings or Specifications for the Project, Contractor shall provide a summary of the percentage of the claim subject to design errors or omissions and shall obtain a certificate of merit in support of the claim of design errors and omissions.

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12 3.10.3.8 Cover letter and certification of validity of the claim, including any claims from subcontractors of any tier, in accordance with Government Code section 12650 et seq.

3.10.4 City’s Response. Upon receipt of a claim pursuant to this Section, City shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the Contractor a written statement identifying what portion of the claim is disputed and what portion is undisputed. Any payment due on an undisputed portion of the claim will be processed and made within 60 days after the public entity issues its written statement.

3.10.4.1 If City needs approval from its governing body to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, City shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion.

3.10.4.2 Within 30 days of receipt of a claim, City may request in writing additional documentation supporting the claim or relating to defenses or claims City may have against the Contractor. If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of City and the Contractor.

3.10.4.3 City’s written response to the claim, as further documented, shall be submitted to the Contractor within 30 days (if the claim is less than $50,000, within 15 days) after receipt of the further documentation, or within a period of time no greater than that taken by the Contractor in producing the additional information or requested documentation, whichever is greater.

3.10.5 Meet and Confer. If the Contractor disputes City’s written response, or City fails to respond within the time prescribed, the Contractor may so notify City, in writing, either within 15 days of receipt of City’s response or within 15 days of City’s failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand, City shall schedule a meet and confer conference within 30 days for settlement of the dispute.

3.10.6 Mediation. Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, City shall provide the Contractor a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after City issues its written statement. Any disputed portion of the claim, as identified by the Contractor in writing, shall be submitted to nonbinding mediation, with City and the Contractor sharing the associated costs equally. City and Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing, unless the parties agree to select a mediator at a later time.

3.10.6.1 If the Parties cannot agree upon a mediator, each Party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each Party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator.

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mutual agreement of tual agree C
s written response to th written response t
thin 30 days (if the cla 30 days (if the cla
umentation, or within a
cing the additional inf cing the addition
t and Confer. If the Con Confer. If the Con DR
he time prescribed, the he time prescrib
eipt of eipt of City’s response o ’s response
spectively, and dema
es in dispute. Up es in dispute.
30 days for 30 days fo
on
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13 3.10.6.2 For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the Parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.

3.10.6.3 Unless otherwise agreed to by City and the Contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced.

3.10.6.4 The mediation shall be held no earlier than the date the Contractor completes the Work or the date that the Contractor last performs Work, whichever is earlier. All unresolved claims shall be considered jointly in a single mediation, unless a new unrelated claim arises after mediation is completed.

3.10.7 Procedures After Mediation. If following the mediation, the claim or any portion remains in dispute, the Contractor must file a claim pursuant to Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the Contractor submits his or her written claim pursuant to subdivision (a) until the time the claim is denied, including any period of time utilized by the meet and confer conference or mediation.

3.10.8 Civil Actions. The following procedures are established for all civil actions filed to resolve claims subject to this Section:

3.10.8.1 Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties or unless mediation was held prior to commencement of the action in accordance with Public Contract Code section 9204 and the terms of these procedures.. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court.

3.10.8.2 If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1114.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration.

3.10.8.3 In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, (A) arbitrators shall, when possible, be experienced in construction law, and (B) any party appealing an arbitration award who does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, also pay the attorney’s fees on appeal of the other party.

3.10.9 Government Code Claims. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such DRAFTg the m g the
pursuant to pursu
on 910) of Part 3 on 910) of
ovisions, the running o ovisions, the run
m the time the Contract m the time the Contra
me the claim is denied
e or mediation. mediation
ollowing procedures are lowing procedures
ction:

Within 60 days, but ithin 60 day
he court shall submit th he court shall subm
of both parties or unless f both parties or unles
ce with Public Contrac th Public Contrac
ation process shall prov ation process sh
d person as mediator, s d person as mediator
ded within 15 days fro
ed upon a good c ed upon a goo

8.2 to
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14 Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City. A Government Code claim must be filed no earlier than the date the work is completed or the date the Contractor last performs work on the Project, whichever occurs first. A Government Code claim shall be inclusive of all unresolved claims unless a new unrelated claim arises after the Government Code claim is submitted.

3.10.10 Non-Waiver. City’s failure to respond to a claim from the Contractor within the time periods described in this Section or to otherwise meet the time requirements of this Section shall result in the claim being deemed rejected in its entirety. City’s failure to respond shall not waive City’s rights to any subsequent procedures for the resolution of disputed claims.

3.11 Loss and Damage. Except as may otherwise be limited by law, Contractor shall be responsible for all loss and damage which may arise out of the nature of the Work agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Work until the same is fully completed and accepted by City. In the event of damage proximately caused by an Act of God, as defined by Section 7105 of the Public Contract Code, the City may terminate this Contract pursuant to Section 3.17.3; provided, however, that the City needs to provide Contractor with only one (1) day advanced written notice.

3.12 Indemnification.

3.12.1 Scope of Indemnity. To the fullest extent permitted by law, Contractor shall defend (with counsel reasonably approved by City), indemnify and hold the City, its officials, employees, agents and authorized volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Contractor’s services, the Project or this Agreement, including without limitation the payment of all consequential damages, expert witness fees and attorneys’ fees and other related costs and expenses. Notwithstanding the foregoing, to the extent required by Civil Code section 2782, Contractor’s indemnity obligation shall not apply to liability for damages for death or bodily injury to persons, injury to property, or any other loss, damage or expense arising from the sole or active negligence or willful misconduct of the City or the City’s agents, servants, or independent contractors who are directly responsible to the City, or for defects in design furnished by those persons.

3.12.2 Additional Indemnity Obligations. In addition, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its officials, employees, agents and authorized volunteers as part of any such claim, suit, action or other proceeding. Contractor shall also reimburse City for the cost of any settlement paid by City or its officials, employees, agents and authorized volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City's attorney's fees and costs, including expert witness fees. Contractor shall reimburse City and its officials, employees, agents and authorized volunteers, for any and all legal expenses and costs incurred by each of them in DRAFTbe limite be lim
of the natur of the
foreseen difficultie oreseen d
same is fully complet same is fully co
y an Act of God, as def y an Act of God, as d
nate this Contract purs
vide Contractor with o Contract
pe of Indemnity. To RA
unsel reasonably appro unsel reasonably a
nts and authorized volu and authorized vol
s of action, suits, act action, suits, act
crees, settlements, loss settlement
including wrongful dea including wrongful de
incident to any alleg
s, officers, employ s, officers, emp
he Contract
conse
s
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55452.01510\32977834.2
15 connection therewith or in enforcing the indemnity herein provided. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its officials, employees, agents and authorized volunteers.

3.13 Insurance. Contractor agrees to procure and maintain, at Contractor’s expense all insurance specified in Exhibit “H” 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.

3.13.1 3.14 Bond Requirements.

3.14.1 Payment Bond. If required by law or otherwise specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Contract a Payment Bond in an amount required by the City and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the City.

3.14.2 Performance Bond. If specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Contract a Performance Bond in an amount required by the City and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the City.

3.14.3 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 effected bond within (ten) 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 Contract until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the Total Contract Price is increased in accordance with the Contract, Contractor shall, upon request of the City, cause the amount of the bond to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. If Contractor fails to furnish any required bond, the City may terminate the Contract for cause.

3.14.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in California Code of Civil Procedure Section 995.120, shall be accepted. 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.

3.15 Warranty. Contractor warrants all Work under the Contract (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the Work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Contract or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the Work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified DRAFTeren
Bond in a Bond
bond is requi bond i
d approved by the d approved b C
cally requested by City
Contractor shall execu
Bond in an amount re d in an a
such bond is required, such bond is re
ed and approved by th d and approved by
ons. Should, in ns. Should, in City R
nd to be unsatisfactory nd to be unsatisf
days of receiving noti days of receiving n
e or cancel any require or cancel any require
e City, and Contractor s and Contractor s
xpiration of the original xpiration of the or
er this Contract until a er this Contract until
. To the extent, if any . To the extent, if
tractor shall, upo tractor shall, u
d shall pro d shall pr
furnis
206
55452.01510\32977834.2
16 in writing by the City of any defect in the Work or non-conformance of the Work to the Contract, commence and prosecute with due diligence all Work necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the Work (or work of other contractors) damaged by its defective Work or which becomes damaged in the course of repairing or replacing defective Work. For any Work so corrected, Contractor’s obligation hereunder to correct defective Work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected Work.

Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the Work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Contract, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming Work and any work damaged by such work or the replacement or correction thereof at Contractor’s sole expense.

Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.

3.16 Employee/Labor Certifications.

3.16.1 Contractor’s Labor Certification. By its signature hereunder, Contractor certifies that he 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 Work. A certification form for this purpose, which is attached to this Contract as Exhibit “D” and incorporated herein by reference, shall be executed simultaneously with this Contract.

3.16.2 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. 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.

3.16.3 Verification of Employment Eligibility. By executing this Contract, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subcontractors and sub-subcontractors to comply with the same.

3.17 General Provisions.

3.17.1 City’s Representative. The City hereby designates the General Manager, or his or her designee, to act as its representative for the performance of this Contract (“City’s DRAFTrdl
to theC
antees, if nec antees
ations under this S ations unde
easonable satisfaction isf
ctive or non ctive -conformin
orrection thereof at Co rrection thereof at Co
the City for any expense for any
ations.

RA
s Labor Certification. s Labor Certifica
e provisions of Section e provisions of Sect
insured against liability nsured against liability
nce with the provisions th the provisions
mencing the performanc mencing the perfor
this Contract as Exhib this Contract as Exhi
ously with this Contra
ual Opport
that it D
207
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17 Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Contract. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.

3.17.2 Contractor’s Representative. Before starting the Work, Contractor shall submit in writing the name, qualifications and experience of its proposed representative who shall be subject to the review and approval of the City
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approval by the City, Contractor’s Representative shall have full authority to represent and act on behalf of Contractor for all purposes under this Contract. Contractor’s Representative shall supervise and direct the Work, using his best skill and attention, and shall be responsible for all construction means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Work under this Contract. Contractor’s Representative shall devote full time to the Project and either he or his designee, who shall be acceptable to the City, shall be present at the Work site at all times that any Work is in progress and at any time that any employee or subcontractor of Contractor is present at the Work site. Arrangements for responsible supervision, acceptable to the City, shall be made for emergency Work which may be required. Should Contractor desire to change its Contractor’s Representative, Contractor shall provide the information specified above and obtain the City’s written approval.

3.17.3 Termination. This Contract may be terminated by City at any time, either with our without cause, by giving Contractor three (3) days advance written notice. In the event of termination by City for any reason other than the fault of Contractor, City shall pay Contractor for all Work performed up to that time as provided herein. In the event of breach of the Contract by Contractor, City may terminate the Contract immediately without notice, may reduce payment to Contractor in the amount necessary to offset City’s resulting damages, and may pursue any other available recourse against Contractor. Contractor may not terminate this Contract except for cause. In the event this Contract is terminated in whole or in part as provided, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. Further, if this Contract is terminated as provided, City may require Contractor to provide all finished or unfinished documents, data, diagrams, drawings, materials or other matter prepared or built by Contractor in connection with its performance of this Contract.

3.17.4 Contract Interpretation. Should any question arise regarding the meaning or import of any of the provisions of this Contract or written or oral instructions from City, the matter shall be referred to City’s Representative, whose decision shall be binding upon Contractor.

3.17.5 Anti-Trust Claims. This provision shall be operative if this Contract is applicable to California Public Contract Code Section 7103.5. In entering into this Contract to supply goods, services or materials, Contractor hereby offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700, of Part 2 of Division 7 of the Business and Professions Code) arising from purchases of goods, services, or materials pursuant to the Contract. This assignment shall be made and become effective at the time the City tender final payment to Contractor, without further acknowledgment by the Parties.

3.17.6 Notices. All notices hereunder and communications regarding interpretation of the terms of the Contract or changes thereto shall be provided by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows:

DRAFTWo
e for em e for
or’s Represe or’s R
ty’s written approv ’s written
ay be terminated by C
(3) days advance writ
n the fault of Contractor e fault of C
vided herein. In the ev vided herein.
ntract immediately witho ract immediately w
to offsetCity’s resultin
ntractor. Contractor ma tractor. Contractor ma
tract is terminated in w tract is terminate
n such manner as it m n such manner as i
er, if this Contract is r, if this Contract is
nished or unfinished d d or unfinished d
d or built by Contractor d or built by Cont
.4 Contract Co Interpreta D
e provisions of t e provisions o
d to City’s
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55452.01510\32977834.2
18 CONTRACTOR:

O’Connell Engineering & Construction, Inc.
36572 Deauville Rd.

Winchester, CA 92596
Attn: Rhonda O’Connell, President
CITY:

City of San Clemente
910 Calle Negocio
San Clemente, CA 92673
Attn: Amir Ilkhanipour, Principal Civil Engineer
Any notice so given shall be considered received by the other Party three (3) days after deposit in the U.S. Mail as stated above and addressed to the Party at the above address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.17.7 Time of Essence. Time is of the essence in the performance of this Contract.

3.17.8 Assignment Forbidden. Contractor shall not, either voluntarily or by action of law, assign or transfer this Contract or any obligation, right, title or interest assumed by Contractor herein without the prior written consent of City. If Contractor attempts an assignment or transfer of this Contract or any obligation, right, title or interest herein, City may, at its option, terminate and revoke the Contract and shall thereupon be relieved from any and all obligations to Contractor or its assignee or transferee.

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

3.17.10 Laws, Venue, and Attorneys’ Fees. This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of Orange, State of California.

3.17.11 Counterparts. This Contract may be executed in counterparts, each of which shall constitute an original.

3.17.12 Successors. The Parties do for themselves, their heirs, executors, administrators, successors, and assigns agree to the full performance of all of the provisions contained in this Contract.

3.17.13 [Reserved]

3.17.14 Solicitation. 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 Contract. 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 Contract. For breach or violation of this warranty, City shall have the right to terminate this Contract without liability.

DRAFTe a
urred, r urred
the essence in the p the essence in
Contractor shall not, eit tractor sha
any obligation, right, any obligation
consent of onsent o City. If Con . If
ation, right, title or inter right, title or inter
nd shall thereupon be re d shall thereupon be re
feree.

No Third Party Benef Third Party Bene R
r obligation assumed b gation assumed b
0 Laws, Venue, , Venu DR
dance with the laws
ny term of this Ag ny term of this
nty ofOrang
C
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55452.01510\32977834.2
19 3.17.15 Conflict of Interest. 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 Contract, no official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Contract, or obtain any present or anticipated material benefit arising therefrom. In addition, Contractor agrees to file, or to cause its employees or subcontractors to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Work.

3.17.16 Certification of License.

3.17.16.1 Contractor certifies that as of the date of execution of this Contract, Contractor has a current contractor’s license of the classification indicated below under Contractor’s signature.

3.17.16.2 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.

3.17.17 Authority to Enter Contract. Each Party warrants that the individuals who have signed this Contract have the legal power, right and authority to make this Contract and bind each respective Party.

3.17.18 Entire Contract; Modification. This Contract contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Contract may only be modified by a writing signed by both Parties.

3.17.19 Non-Waiver. None of the provisions of this Agreement shall be considered waived by either party, unless such waiver is specifically specified in writing.

3.17.20 City’s Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project or other projects.

DRAFTs of th s of
classificatio class
required by law to be lic required by law to be
as jurisdiction to investi s jurisdiction to investi
ct or omission is filed w r omission
arding a latent act or om arding a latent
rs of the date of the al of the date of the
d to the Registrar, Cont he Registrar, Cont
5826.
uthority uthor to Enter Con RA
this Contract have the his Contract have the
spective Party. ve Party.
8 Entire Contrac ire Contr DR
Parties with respect to
andings or agreem andings or agre
N
210
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20 [SIGNATURES ON NEXT PAGE]
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21 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed on the respective dates set forth opposite of their signatures.

CITY OF SAN CLEMENTE
By:________________________________
ATTEST: Its:_______________________________
______________________________ Dated: ____________________, 20____ 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
__________________________
(“CONTRACTOR”)
By:_____________________________
Its:_____________________________
Dated: __________________, 20____

DRAFT ILITY
____________ ____________
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55452.01510\32977834.2
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EXHIBIT “A”

SERVICES / SCHEDULE
&216758&7,215(3$,5'85$7,21,67(1

:25.,1*'$<6
DRAFT
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EXHIBIT “B”

PLANS AND SPECIFICATIONS
DRAFT
214
From: Cuhadaroglu, Belgin
To: [email protected]; Stelian Onufrei ([email protected]); Ramiro Acevedo Cc: Amir Ilkhanipour ([email protected]); Ohana, Jacob Subject: RE: RICHARD T. STEED PARK SLOPE EROSION REPAIRS Date: Thursday, January 26, 2023 3:33:00 PM
Attachments: Bid Form_RICHARD T. STEED PARK SLOPE EROSION REPAIRS_Revised.pdf Hi all,
Attached please see the revised bid form.

There is a change in bid item#4. The change is marked in red.

Please confirm that you received this e-mail.

Thank you.

Bel
Belgin Cuhadaroglu, P.E. | City of San Clemente
Assoc. Civil Engineer | 910 Calle Negocio, CA 92673
office: 949.361.6128 | cell: 949.426 3138 | facsimile: 949.361.8316 e-mail: [email protected]
From: Cuhadaroglu, Belgin
Sent: Thursday, January 26, 2023 2:35 PM
To: [email protected]; Stelian Onufrei ([email protected]) <[email protected]>; Ramiro Acevedo <[email protected]>
Cc: Amir Ilkhanipour ([email protected]) <[email protected]>; Ohana, Jacob <[email protected]>
Subject: RICHARD T. STEED PARK SLOPE EROSION REPAIRS
Good afternoon all,
The City of San Clemente (City) is accepting quotations to select a qualified construction firm to provide construction services for slope erosion repairs. The project site is located at Richard T. Steed Memorial Park, 247 Avenida La Pata, San Clemente, CA 92672, in City of San Clemente. (Attachment 1)
All questions regarding this Request for Quotations (RFQ) shall be directed to Belgin Cuhadaroglu, Assoc. Civil Engineer, at cuhadaroglub@san clemente.org.

Quotations, in the form of the Unit Price Quotation Form (bid form), shall be submitted by prospective Contractor that have a capable and demonstrable background in the type of work described in this RFQ. In addition, all interested firms shall have sufficient, readily available resources in the form of trained personnel, support services, safety protocols, specialized field equipment, and financial resources to carry out the work without delay or shortcomings.

Services required by this request shall be performed by a contractor who has a Class A Contractor's license in the State of California. Note that this project is subject to the prevailing wage requirements.

Each bid proposal must be accompanied by security in the form of cash, certified check, cashier's check, or bid bond in the amount of ten percent (10%) of the total bid amount. For electronic submittal of bids, the hard copy of the bid security must be received at the City of DRAFT (stely907@yahoo
[email protected]>
[email protected]
org>

SLOPE EROSION R
ente (City) is
services
Par
215
San Clemente Public Works office, 910 Calle Negocio, Suite 100, San Clemente, CA 92673 within 24 hours of the bid opening date and time.

The following scope provides a summary of the tasks to be completed:

Hillside (slope) due to soil erosion caused by the higher intensity of rainstorms is in need of repairs. The work to be performed, consists, in general, clear and grubbing, repair of concrete, placement of CMB and top soil etc. to necessary to complete the work. Attached please find the bid form, project location map and available record drawings (for information only purposes).

If interested, please provide quotations (a bid schedule) including, but not limited to, company’s past experiences and success.

The quotations (bid form) shall be submitted via email by 4:00 p.m. on January 30, 2023.

Attachments:

1. Project Location Map

2. Bid Form

3. Available Record Drawings (for information only).

4. Standard construction contract- City of San Clemente Thank you
Bel
Belgin Cuhadaroglu, P.E. | City of San Clemente
Assoc. Civil Engineer | 910 Calle Negocio, CA 92673
office: 949.361.6128 | cell: 949.426 3138 | facsimile: 949.361.8316 e-mail: [email protected]).
emen
ity of San Cleme
le Negocio, CA 92673
| facsimile: 949.361.83
mente.orgDR
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55452.01510\32977834.2
- 24 -
EXHIBIT “C”

SPECIAL CONDITIONS
ARTICLE 1. BONDS
Within ten (10) calendar days from the date the Contractor is notified of award of the Contract, the Contractor shall deliver to the City four identical counterparts of the Performance Bond and Payment Bond on the forms supplied by the City and included as Exhibit “F” to the Contract.

Failure to do so may, in the sole discretion of City, result in the forfeiture of Contractor’s bid security. The surety supplying the bond must be an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, authorized to do business as such in the State of California and satisfactory to the City. The Performance Bond and the Payment Bond shall be for one hundred percent (100%) of the Total Contract Price.

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EXHIBIT “D”

WORKERS 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 have and will maintain a certificate of consent from the California Labor Commission to self-insure for workers' compensation, as provided for by Section 3700 of the Labor Code, for the performance of the work to be performed under this contract.

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

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

WARNING: FAILURE TO SECURE WORKERS’ COMPENSATION COVERAGE IS

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

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

DRAFTsurance, as re surance
work to be performe work to be pe
ce carrier and policy nu ce carrier and poli
___________________ __________
___________________ ______________
mance of mance f the work unde he work unde
ner so as to become subj ner so as to become
eby agree to indemnify, by agree to indemnify
of its official s officials, employe
es, and losses relating t es, and losses re
mage arising out of my mage arising out of m
I further I fu agree that, i
f Section 3700 of f Section 3700
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Dated: ________________________, 20____
________________________________
Consultant
By: ________________________________
________________________________
Title
________________________________
Address
________________________________ DRAFT __
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EXHIBIT “E”

PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION
Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. See http://www.dir.ca.gov/PublicWorks/PublicWorks.html for additional information.

No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work.

Contractor hereby certifies that it is aware of the registration requirements set forth in Labor Code sections 1725.5 and 1771.1 and is currently registered as a contractor with the Department of Industrial Relations.1
Name of Contractor:

DIR Registration Number:

DIR Registration Expiration:_________________________
Small Project Exemption: _____ Yes or _____ No
Unless Contractor is exempt pursuant to the small project exemption, Contractor further acknowledges:
x Contractor shall maintain a current DIR registration for the duration of the project. x Contractor shall include the requirements of Labor Code sections 1725.5 and 1771.1 in its contract with subcontractors and ensure that all subcontractors are registered at the time of bid opening and maintain registration status for the duration of the project. x Failure to submit this form or comply with any of the above requirements may result in a finding that the bid is non-responsive.

Name of Contractor
Signature
Name and Title
Dated
1 If the Project is exempt from the contractor registration requirements pursuant to the small project exemption under Labor Code Sections 1725.5 and 1771.1, please mark “Yes” in response to “Small Project Exemption.”
quireme quirem
a contractor a cont FT A
on:________________ _______________
mption: _____ Yes or _ mption: _____ Ye
empt pursuant to th pursuant to th
hall maintain a curren
all include the req all include the r
subcontract
and m
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EXHIBIT “F”

PAYMENT AND PERFORMANCE BONDS
DRAFT
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PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:

THAT WHEREAS, the City of San Clemente (hereinafter referred to as “City”) has awarded to ____________________, (hereinafter referred to as the “Contractor”) _______________________ an agreement for ______________________________ (hereinafter referred to as the “Project”).

WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated ________________, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and
WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents.

NOW, THEREFORE, we, _______________, the undersigned Contractor and _____________________________________________ as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of ___________________________ DOLLARS, ($____________), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one-year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its officers and agents, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship, Surety shall undertake and faithfully fulfill all such obligations. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City’s rights or the Contractor or Surety’s obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure section 337.15.

Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City’s option:

DRAFToc
d Cont
the undersig the un
__ as Surety, a corpor __ as Surety, a c
of the State of California of the State of Califor
___________________
one hundred percent ( e hundred
d truly to be made, we d truly to be
s and assigns, jointly and assigns, join

OBLIGATION IS SUC
essors or assigns, sha essors or assigns,
form the covenants, c orm the covenants,
ation thereof made as thereof made as
nd in the manner there nd in the manne
nd shall faithfully fulfill a nd shall faithfully fulfi manship; and shall in
n said Contract D n said Contract
remain in fu
en
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(1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or
(2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.
(3) Permit the City to complete the Project in any manner consistent with local, California and federal law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.

Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.

Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City’s objection to Contractor’s further participation in the completion of the Project.

The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project, including but not limited to the provisions of sections 2819 and 2845 of the California Civil Code.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__).
(Corporate Seal)
Contractor/ Principal
By
Title
DRAFTm
s work p s wor
ess the balan ess the
hich Surety may hich Suret
d in this paragraph s d in this paragr
City under the Contract under the Contra
ly paid by the y paid by th City to
ntract Documents. ct Docum
City may reject any co may reject any
t of its obligations in the s obligations in the
tractor in completing th tractor in comple
of the Project if the City
bjection to Contractor’s ection to Contractor’s
r value received, hereb r value received, here
addition to the terms
shall in any way a shall in any wa
ge, extensio
t, inclu
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(Corporate Seal) Surety
By
Attorney-in-Fact
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached.
(Attach Attorney-in-Fact Certificate) Title
The rate of premium on this bond is ____________ per thousand. The total amount of premium 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)
NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.DRAFT_____________ _______ _________________ _____________
__________________
__________________ ____
__________________ ____________
______________ _________
and ____________ __________
service
e Power e Pow -of-Attorney au
ed hereto. ed he
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Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

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

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

Individual

Corporate Officer
Title(s) Title or Type of Document

Partner(s)
Limited

General Number of Pages

Attorney-In-Fact

Trustee(s)

Guardian/Conservator Date of Document

Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
DRAFTcapa
alf of whic alf of
State of California th State of Califo
NESS my hand and off

OPTIONAL
ot required by law, it may p ot required by law, it may udulent removal and reattac dulent removal and reattac
SIGNER
ed
l
D
AF
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PAYMENT BOND
KNOW ALL 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 ________________ hereinafter designated as the “Principal,” a contract for the work described as follows:
_____________________________________________________ (the “Project”); and WHEREAS, the work to be performed by the Principal is more particularly set forth in the Contract Documents for the Project dated __________________ (“Contract Documents”), the terms and conditions of which are expressly incorporated by reference; and WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth.

NOW THEREFORE, we, the Principal and __________________________ as Surety, are held and firmly bound unto the City in the penal sum of ______________ Dollars ($___________) lawful money of the United States of America, 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 Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Section 9100 of the Civil Code, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified.

This bond shall inure to the benefit of any of the persons named in Section 9100 of the Civil 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 released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or DRAFTin co
shall fail shall
n, upon, for or upon,
labor done thereon labor done t
Code or for any amou Code or for any a
ent Development Depar ent Development Depa
tors with respect to such rs with respe
t hereinafter set forth. inafter s
ncipal and pal and ________ AF
in the penal sum of e penal sum of _
A
________ ____ ) lawful mone RA
nd truly to be made, w nd truly to be ma
assigns, jointly and sev assigns, jointly and

OF THIS OBLIGATIO THIS OBLIGATIO
xecutors, administrator xecutors, admin
Section 9100 of the C Section 9100 of the
in, upon, for or about in, upon, for or about
thereon of any kin thereon of any
ork or labor pe ork or labor p
d paid ov
of e
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subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned and the provisions of sections 2819 and 2845 of the California Civil Code.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__.
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal) Surety
By
Attorney-in-Fact
Title
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached. A Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.

NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.

DRAFTctor/ Principal ctor/ Pri
FT
Title AFSurety
By
signing for the Contra
tached. A Power tached. A Pow
t be attached
of A
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Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

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

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

Individual

Corporate Officer
Title(s) Title or Type of Document

Partner(s)
Limited

General Number of Pages

Attorney-In-Fact

Trustee(s)

Guardian/Conservator Date of Document

Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
DRAFTwithi
d capacit d ca
ehalf of which ehalf of
he State of California th he State of Californi
WITNESS my hand and ESS my h

OPTIONAL OPTION
s not required by law, it ma ot required by law, it ma
fraudulent removal and rea ent removal and rea

BY SIGNER D
A
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EXHIBIT “G”

FEDERAL REQUIREMENTS
N/A
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EXHIBIT “H”

INSURANCE REQUIREMENTS

3.13 Insurance.

3.13.1 Time for Compliance. Contractor shall not commence work under this Contract 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 as required in section 1.1.12 of this agreement.

3.13.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Contract for work to be performed hereunder, and without limiting the indemnity provisions of the Contract, the Contractor, in partial performance of its obligations under such Contract, shall procure and maintain in full force and effect during the term of the Contract 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, and shall be no 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 limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; or (3) contain any other exclusion contrary to the Contract.
(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 shall be in an amount 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) Not Used.
(E) Contractors Pollution Liability: Not used.

3.13.3 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
(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 Contract.

DRAFTons
f the Cont f the
urance requirem urance r
policies to do so. policies to do
y: Commercial Gene
surance Services Offic urance Serv
less than $1,000,000 than $1,
Defense costs shall be Defense costs s
nts or provisions limiti s or provisions lim
or claims or suits by o ms or suits by o
y to the Contract.
bile Liability Insuranc bile Liability Insuran
as Insurance Service s Insurance Service
equivalent, covering bo equivalent, co
of not less than $1,000, of not less than $1
Workers' Compen Workers' Com
ornia and Emp ornia and Em
or bodily i
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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 of purposes of this Contract.

For all policies of Commercial General Liability insurance, Contractor shall provide endorsements in the form of ISO CG 20 10 10 01 and 20 37 10 01 (or endorsements providing the exact same coverage) to effectuate this requirement.
(2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (B) Automobile Liability:
(1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (C) Workers' Compensation:
(1) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the City, its officials, officers, employees, agents and volunteers.
(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.

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

3.13.5 Waiver of Subrogation. All policies of Commercial General Liability, Automobile Liability insurance (if required) shall contain or be endorsed to waive subrogation against the City, its officials, officers, employees, agents, and volunteers or 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 City, and shall require similar written express waivers and insurance clauses from each of its subcontractors.

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

3.13.7 Evidence of Insurance. The Contractor, concurrently with the execution of the Contract, 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 DRAFT g
polic
cancellatio canc
ment of premium ment of p
ation: A waiver of sub waiv
st the City, its officials, City, its
ation: Required insuran Required insuran
(30) day written notice
ll be allowed for non ll be allowed for n -pa
Non-Contributing Insu DR
bility insurance (if requ ility insurance
urance maintained by t urance maintained
contribute with this prim contribute with this pri
sions.

Subrogati
d) shD
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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.

3.13.8 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 Contract, effective upon notice.

3.13.9 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.

3.13.10 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 imposes no additional obligation on the City nor does it waive any rights hereunder.

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

3.13.12 Insurance for Subcontractors. Contractor shall include all Subcontractors 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 Subcontractors 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. Contractor shall not allow any Subcontractor to commence work until it has received satisfactory evidence of Subcontractor’s compliance with all insurance requirements under this Contract, to the extent applicable. The Contractor shall provide satisfactory evidence of compliance with this section upon request of the City.

DRAFTha
m paid
cient to pay p cient to
ct, effective upon n t, effective
policy shall be from a co icy shall be from a
A- VII and authorized
se allowed to place insu owed to p
alifornia Insurance Cod alifornia Insura
Contract Provisions ntract Provisions RA
l or alleged failure on th or alleged failure on th
rement imposes no add rement imposes n
uirements Not Limiting ents Not Limiting DR
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255

AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 2/7/2023 Agenda Item: A.

Department: Planning Division
Prepared By Laura Coury, Assistant Planner
Subject:

APPEAL OF MINOR CONDITIONAL USE PERMIT 22-197, PRIMO FOODS BEER AND WINE, 2801 S. EL CAMINO REAL
Fiscal Impact:

None.

Summary:

On November 3, 2022, the Zoning Administrator held a duly-noticed public hearing and approved Minor Conditional Use Permit (MCUP) 22-197, a request for a permit to sell beer and wine, for off-site consumption only, at Primo Foods Beer and Wine, located at 2801 S. El Camino Real. At its regular meeting of November 15, 2022, the City Council reviewed the Zoning Administrator meeting minutes of November 3, 2022, and appealed the Zoning Administrator’s approval of Minor Conditional Use Permit 22-197.

Chapter 17.12.140 of the San Clemente Municipal Code authorizes the City Council to appeal any decision of the Zoning Administrator by calling up the decision for consideration at a future meeting.

This appeal was publically noticed for the December 20, 2022 City Council meeting. However, the appeal was continued by the City Council at that meeting to accommodate the applicant’s request for a continuation to the February 7, 2023 City Council Meeting.

Background:

The project site is located within the Mixed-Use 5.0 (MU5) Zone and the Affordable Housing Overlay.

The existing grocery/food store, Primo Foods, occupies a single tenant building. The site is on the corner of South El Camino Real and Avenida San Luis Rey. The site’s frontage is on South El Camino Real and the rear of the property abuts an alley. The project site is directly adjacent to a single-family detached dwelling with an accessory dwelling unit to the south and multi-family dwellings to the north and east.

On August 24, 2022 Primo Foods applied for a business license for a retail grocery business at 2801 S. El Camino Real. The project site is located within the MU 5 Zone where grocery/food stores are permitted by right. The previous use at the site was the San Clemente Cyclery, permitted as a retail bicycle/repair shop. Upon the Planning Division’s review of the business license application, the request was approved as a retail-to-retail change of use that did not require an increase in required on-site parking. The applicant also obtained a building permit for tenant improvements to the site.

There is no onsite parking for the business. At the rear of the building there is space where vehicles for the business can load and unload items, but it is not a parking space. Due to the existing site limitations, the dimensions required for an ADA-parking space could not be met, and thus it was not CITY OF SAN CLEMENTE Page 1 of 3 Printed on 2/2/2023
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Meeting Date: 2/7/2023 Agenda Item: A.
required by the Building Division.

On June 14, 2022, the applicant applied for a request to allow beer and wine sales for off-site consumption at the existing grocery/food store. The grocery/food store’s hours of operations are 8:00 AM to 8:00 PM daily. During the noticing period for the project, the Planning Division did not receive public comment regarding the application for beer and wine sales for off-site consumption for the existing grocery/food store. Complaints were submitted to the Beaches, Parks, and Recreation Department and the Human Resources Division for existing conditions, such as lack of onsite ADA parking, lack of street parking in the vicinity, and over-flowing trash receptacles at the adjacent San Luis Rey Park. Staff was separately preparing information to respond to the complainant to ancillary matters relating to the existing grocery/food store rather than application for beer and wine sales for off-site consumption. Therefore, this information related to ancillary (and pre-beer and wine sales) was not presented to the Zoning Administrator for consideration as part of the request for off-site sales of beer and wine.

On November 3, 2022, the Zoning Administrator held a public hearing and approved the Minor Conditional Use Permit. The staff report and resolution presented for the Zoning Administrator’s consideration are provided for reference as Attachments 3 and 4.

Discussion:

The Zoning Administrator reviewed and approved the project and affirmed the findings for the Minor Conditional Use Permit in the staff report presented on November 3, 2022. The proposed sale of beer and wine for off-site consumption is ancillary to the grocery/food store and is permitted in the MU5 Zone, subject to a minor conditional use permit. The project site is suitable for the type and intensity of the proposed use in that the sale of beer and wine is contained entirely within the building and the proposed business operating hours cease no later than 8:00 PM on any given day of the week. No additional parking is required pursuant to the San Clemente Municipal Code (SCMC), as the proposed project does not modify or expand the stores footprint, nor does it change the underlying retail use of the business.

Additionally, the Development Management Team (DMT), the City’s Code Compliance Division, the Orange County Sheriff’s Department and the California Department of Alcoholic Beverage Control (ABC), do not have concerns with beer and wine sales for off-site consumption. The proposed use will not be detrimental to the public health, safety or welfare or materially injurious to properties and improvements in the vicinity because the proposed use must comply with conditions of approval and requirements of the SCMC, including limits on hours of operation and a requirement that employees receive alcohol service training. The project is also required to comply with the California Fire Code, California Building Code, and ABC licensing requirements.

In January of 2023, City staff met with the applicant and their attorney on two occasions to discuss the complaints and identify additional measures the applicant could take that may help alleviate the parking issues raised. These measures, which the City Council may consider incorporating into the proposed resolution for approval of the subject request, included installation of a security camera to assist OCSD enforcement of illegal parking, installation of a bicycle rack at the front of the market, and installation of additional directional signage at the entrance to the rear alley to caution motorists against parking in that area. The applicant has submitted a letter in support of this request, which is provided as Attachment 7.

CITY OF SAN CLEMENTE Page 2 of 3 Printed on 2/2/2023
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Meeting Date: 2/7/2023 Agenda Item: A.

Plan and Policy Consistency:

The action is consistent with the General Plan goals and policies found in the proposed resolution, provided as Attachment 1.

ENVIRONMENTAL REVIEW/COMPLIANCE (CEQA)
The project is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 (Class 1: Existing Facilities) because the proposed project involves the permitting, operation, and minor alteration of existing structures and facilities involving negligible expansion of the use
Recommended Actions:

Staff Recommendation
STAFF RECOMMENDS THAT the City Council affirm the Zoning Administrator’s approval of Minor Conditional Use Permit 22-197, and approve a resolution entitled A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, APPROVING, MINOR CONDITIONAL USE PERMIT 22-197, PRIMO FOOD BEER AND WINE, A REQUEST TO ALLOW BEER AND WINE SALES FOR OFF-SITE CONSUMPTION LOCATED AT 2801 EL CAMINO REAL Attachment:

1. Proposed Resolution
Exhibit A: Conditions of Approval

2. Project Details

3. Staff Report-November 3, 2022 Zoning Administrator Meeting

4. Zoning Administrator Resolution, ZA 22-020-Nov. 3, 2022

5. Minutes-November 3, 2022 Zoning Administrator Meeting

6. Minutes-November 15, 2022 City Council Meeting

7. Applicant Letter of Support for Minor Conditional Use Permit 22-197 Notification:

Prior to the December 20, 2022 City Council meeting, three notices of public hearing were posted on the site, all property owners within 300 feet of the project site were notified, and public notice was published in the San Clemente Times
CITY OF SAN CLEMENTE Page 3 of 3 Printed on 2/2/2023
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RESOLUTION NO. 23-03

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, APPROVING, MINOR
CONDITIONAL USE PERMIT 22-197, PRIMO FOOD BEER

AND WINE, A REQUEST TO ALLOW BEER AND WINE
SALES FOR OFF-SITE CONSUMPTION LOCATED AT 2801

EL CAMINO REAL
WHEREAS, on June 14, 2022, an application was submitted, and completed on September 27, 2022, by Sam Assi, 2801 South El Camino Real, San Clemente, CA, 92672; for Minor Conditional Use Permit (MCUP) 22-197, a request to allow beer and wine sales for off-site consumption at a grocery/food store. The site is located in the Mixed-Use 5.0 Zone within the Affordable Housing Overlay at 2801 South El Camino Real. The site’s legal description is Lot 1 of Block 1 of Tract 900 and Assessor’s Parcel Number 060-071-10; and
WHEREAS, the Planning Division completed an initial environmental assessment of the above matter in accordance with the California Environmental Quality Act (CEQA) and recommends that the Zoning Administrator determine the project is Categorically Exempt from CEQA pursuant to State CEQA Guidelines Section 15301 (Class 1: Existing Facilities). This is recommended because the project consists of permitting and licensing alcohol sales at an existing grocery/food store involving negligible or no expansion of the use; and
WHEREAS, the Development Management Team (DMT) reviewed the proposed project for compliance with the General Plan, Zoning Ordinance, and other applicable City ordinances and codes; and
WHEREAS, on November 3, 2022, the Zoning Administrator of the City of San Clemente held a duly-noticed public hearing on the subject application, considered written and oral comments, and facts and evidence presented by the applicant, City staff, and other interested parties, and approved Minor Conditional Use Permit 22-197, subject to Conditions of Approval; and
WHEREAS, on November 22, 2022, the City Council of the City of San Clemente held a duly-noticed public hearing and subsequently appealed the November 3, 2022 decision of the Zoning Administrator of the City of San Clemente, requesting that the Minor Conditional Use Permit 22-197 be considered by the City Council.

WHEREAS, on December 20, 2022 the City Council of San Clemente held a dulynoticed public hearing on the subject application and appeal. At that meeting, the appeal was continued by the City Council to accommodate the applicant’s request for a continuation to the February 7, 2023 City Council meeting.

WHEREAS, on February 07, 2023 the City Council of San Clemente held a dulynoticed public hearing on the subject application and appeal, considered written and oral comments, and facts and evidence presented by the applicant, appellants, City staff, and other interested parties
ATTACHMENT 1
259
Resolution No. 23-03___ Page 2
NOW, THEREFORE, The City Council of the City of San Clemente does hereby resolve as follows:

Section 1. Incorporation of Recitals.

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

Section 2. CEQA Findings.

Based upon its review of the entire record, including the Staff Report, any public comments or testimony presented to the Zoning Administrator, and the facts outlined below, the Zoning Administrator hereby finds and determines that the proposed project is categorically exempt from CEQA pursuant to State CEQA Guidelines Section 15301 (Class 1: Existing Facilities). The Class 1 exemption specifically exempts from further CEQA review the operation, permitting, licensing, or minor alteration of existing facilities with negligible or no expansions of the existing use. Since the project consists only of the permitting and licensing of the existing approved business for beer and wine sales, the project qualifies for the Class 1 exemption.

Furthermore, none of the exceptions to the use of the Class 1 categorical exemption identified in State CEQA Guidelines section 15300.2 apply. The project will not result in a cumulative impact from successive projects of the same type in the same place, over time. There are no unusual circumstances surrounding the project that result in a reasonable possibility of a significant effect on the environment. The project is not in a scenic corridor, will not alter or impact historic resources, and does not include any hazardous waste sites. The project consists of no physical modifications to the structure or the environment and involves only modifying the types of alcohol permitted to be served. Thus, the Class 1 exemption applies, and no further environmental review is required.

Section 3. Minor Conditional Use Permit Findings
With respect to Minor Conditional Use Permit (MCUP) 22-197 for the proposed sale of beer and wine at a grocery/food store for off-site consumption, the City Council finds as follows:

A. The proposed use is permitted within the subject zone pursuant to the approval of a Minor Conditional Use Permit and complies with all the applicable provisions of the Zoning Ordinance, the San Clemente General Plan and the purpose and intent of the zone in which the use is being proposed, in that:

1. Beer and wine sale at a grocery/food store is a conditionally permitted use in the Mixed-Use 5.0 Zone; and

2. The proposed alcohol sale (for off-site consumption) is ancillary to the permitted grocery/food store use; and
260
Resolution No. 23-03___ Page 3

3. The purpose and intent of the Mixed-Use 5.0 Zone is to accommodate a mix of neighborhood- and community-serving commercial uses.

Grocery/food stores are a typical use in this zone and are a type of general commercial use; and

4. The provisions of the Affordable Housing Overlay District do not apply to the project because there is no proposed residential development to the site; and

5. The General Plan Land Use Element establishes the following goal for the Commercial Land Uses in the City: “Achieve and maintain a healthy employment base with diverse retail, office, and service uses that: 1) meet citizens’ needs; 2) help generate municipal revenues that improve quality of life; 3) are compatible with adjacent residential neighborhoods; and 4) support the goals and policies of the Economic Development Element of the General Plan.” The project is consistent with this goal in that it allows for sale of beer and wine at a grocery/food store which meet the needs of residents and visitors to have a variety of commercial retail options.

B. The site is suitable for the type and intensity of use that is proposed, in that:

1. The proposed beer and wine sale (for off-site consumption) is ancillary to a permitted grocery/food store use;

2. No modifications are proposed to the tenant space or the existing commercial retail operations other than to allow sales of beer and wine to be consumed off-site; and

3. The City’s Code Compliance Division and the Orange County Sheriff’s Department reviewed the proposed alcohol service and concluded alcohol can be sold and consumed off-site without compatibility issues, provided that operations comply with licensing requirements, conditions of approval, and with other applicable regulations.

C. The proposed use will not be detrimental to the public health, safety or welfare, or materially injurious to properties and improvements in the vicinity, in that:

1. The proposed use must comply with conditions of approval and code requirements to maintain the public health, safety, and welfare of the area, such as the Fire Code, California Building Code, Alcohol Beverage Control licensing requirements, and the Municipal Code. This includes, but is not limited to, requiring employees to receive alcohol-service training to avoid the sale of alcoholic beverages to minors, limits on hours of operation, and requirements that limit amplified sound;

2. Should there be a compatibility issue, conditions of approval attached hereto as Exhibit A, allow the City to adjust operating hours and require noise abating measures if changes are necessary to ensure compliance with the noise ordinance and maintain the public health, safety, and welfare of the area; and
261
Resolution No. 23-03___ Page 4

3. Code Compliance Staff and the Orange County Sheriff’s Department reviewed the proposed alcohol sales and concluded alcohol can be sold and consumed off-site without compatibility issues, provided that operations comply with licensing requirements, conditions of approval, and with other applicable regulations.

D. The proposed use will not negatively impact surrounding land uses, in that:

1. The proposed use must comply with conditions of approval and code requirements to maintain the public health, safety, and welfare of the area, such as the Fire Code, California Building Code, Alcohol Beverage Control licensing requirements, and the Municipal Code. This includes, but is not limited to, requiring employees to receive alcohol-service training to avoid the sale of alcoholic beverages to minors, limits on hours of operation, and requirements that limit amplified sound;

2. Should there be a compatibility issue, conditions of approval attached hereto as Exhibit A, allow the City to adjust operating hours and require noise abating measures, if changes are necessary to ensure compliance with the City’s noise regulations and maintain the public health, safety, and welfare of the area;

3. Code Compliance Staff and the Orange County Sheriff’s Department reviewed the proposed alcohol service and concluded alcohol can be sold and consumed off-site without compatibility issues, provided that operations comply with licensing requirements, conditions of approval, and with other applicable regulations; and
Section 4. City Council Approval.

Based on the foregoing recitals and findings above, and the written and oral comments, facts, and evidence presented, the City of San Clemente City Council approves Minor Conditional Use Permit (MCUP) 22-197, Primo Food Beer and Wine, subject to the Conditions of Approval set forth in Exhibit A.

Section 5. Certification.

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

ATTEST:
___________________________ __________________________
City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California
262
Resolution No. 23-03___ Page 5

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

CITY OF SAN CLEMENTE )
I, Laura Campagnolo, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. _________ was adopted at a regular meeting of the City Council of the City of San Clemente held on the _______ day of _______________________, _________, by the following vote:

AYES:

NOES:

ABSENT:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this _____ day of _________________, ________. __________________________
CITY CLERK of the City of
San Clemente, California
Approved as to form:
_________________________
City Attorney
263
Resolution No. 23-03___ Page 6

EXHIBIT A

CONDITIONS OF APPROVAL
MCUP 22-197, PRIMO FOOD BEER AND WINE

1.0 GENERAL CONDITIONS OF APPROVAL

1.1 Within 30 days of approval of this application, the applicant shall submit to the City Planner a signed acknowledgement concurring with all conditions of approval on a form to be provided by the City. Failure to submit this acknowledgement may be grounds to revoke this approval.

Planning

1.2 The applicant shall defend, indemnify, and hold harmless the City of San Clemente and its officers, employees, and agents from and against any claim, action, proceeding, fines, damages, expenses, and attorneys’ fees, against the City, its officers, employees, or agents to attack, set aside, void, or annul any approval or condition of approval of the City concerning this project, including but not limited to any approval or condition of approval of the City Council, Planning Commission, or City Planner. Applicant shall pay all costs, The City shall promptly notify the applicant of any claim, action, or proceeding concerning the project and the City shall cooperate fully in the defense of the matter. The City reserves the right, at its own option, to choose its own attorney to represent the City, its officers, employees, and agents in the defense of the matter. If the applicant fails to so defend the matter, the City shall have the right, at its own option, to do so and, if it does, the applicant shall promptly pay the City's full cost of the defense.

Planning

1.3 Use and development of this property shall be in substantial conformance with the approved plans, material boards and other applicable information submitted with this application, and with these conditions of approval.

Planning

1.4 The applicant shall comply with all applicable current and future provisions of the San Clemente Municipal Code, adopted ordinances, and state laws.

All

1.5 Use of the subject property shall conform to all occupancy requirements, including posting of signs related to the maximum occupancy limitations.

Code
Comp

1.6 No signage is approved through this permit. All signs, including permanent, window, and temporary signage shall comply with Zoning Ordinance, including issuance of any applicable required permits.

Code
Comp
**

7.0 OPERATIONAL CONDITIONS OF APPROVAL
264
Resolution No. 23-03___ Page 7

7.3 The sale of alcoholic beverages (beer and wine only) is for off-site consumption only, and shall be limited to the hours of 8:00 AM to 8:00 PM daily. No on-site consumption shall be allowed.

Planning

7.4 All employees shall receive Responsible Alcoholic Beverage Service training as offered through programs established by the Orange County Health Care Agency and Alcoholic Beverage Control of the State of California. Training shall be provided as soon as practical following the hire date of each employee. Evidence of such training shall be maintained on-site during business hours, and made available for inspection by any city official upon request. (SCMC Section

17.16.070)
Code
Comp

7.5 A manager shall be on the premises at all times, and available to respond to issues raised by representative from the Orange County Sheriff’s Department, Orange County Fire Authority, or City of San Clemente Code Compliance, during the hours of operation when alcohol sales are occurring.

Code
Comp

7.7 These conditions of approval shall be posted in a conspicuous location clearly visible to employees to ensure they are informed of and adhere to requirements and policies for all operations of the business, including but not limited to alcohol sales.

Code
Comp

7.8 The use of amplified sound (including the electronically amplified sound of live music, human voice, or other sound within a business, restaurant, bar, or other commercial establishment) shall not be permitted. This prohibition does not include the indoor use of televisions, radios, or reasonable background or ambient music.

Code
Comp*

7.17 The Applicant shall post a sign or notice at the premises that states, “WARNING: DRINKING WINE, BEER AND OTHER ALCOHOLIC

BEVERAGES DURING PREGNANCY CAN CAUSE BIRTH
DEFECTS. FOR INFORMATION AND MATERIALS RELATING TO

FETAL ALCOHOL SYNDROME, CONTACT YOUR LOCAL MARCH
OF DIMES.” The notice or sign shall be posted or displayed at the premises in the manner provided for in San Clemente Municipal Code, Title 8 – Health and Safety. [Citation - Section 8.08.010 of the SCMC] Code
Comp**

7.18 Discharge of wash water and other pollutants is prohibited from entering the storm drain system. Applicant must prevent pollutants (e.g. sediment, trash, food waste etc.) and any wash water used during cleanup from entering the storm drain system.

Code
Comp
WQ**

7.19 The Applicant shall use her/his best judgment and best management practices to ensure commercial activities on the premises will be conducted in a manner that will not be disruptive to neighbors. The business owner/property owner shall be responsible for ensuring compliance with the San Clemente Municipal Code (SCMC), and all conditions of approval contained herein. The Applicant (including any property owners and managers, and their designees) hereby understands that noncompliance with regulations and conditions of Code
Comp**
265
Resolution No. 23-03___ Page 8
approval, shall be immediate grounds for citation pursuant to SCMC Section 8.52.030(Y), which states, “It is declared a public nuisance for any person owning, leasing, occupying or having charge or possession of any premises in this City to maintain such premises in such manner that … A structure, improvement, property, and/or land use is not in compliance with terms and/or conditions of any City of San Clemente issued permit or approval,” and any subsequent revision of this section of the code. [Citation - Section 8.52.030(Y) of the SCMC]

7.20 The Applicant shall use his/her best judgment and best management practices to ensure activities on the premises will be conducted in a manner that will not be disruptive to other commercial or residential neighbors and result in police services, which cost the City of San Clemente expense.

Code
Comp
OCSD**

7.21 The Applicant (including any property owners and managers, and their designees) shall be responsible for ensuring that no noise-generating activities on the subject property are conducted between the hours of ten (10:00) p.m. and seven (7:00) a.m. Such prohibited activities include, but are not limited to, dumping trash into outside trash bins, the use of parking lot sweepers, the use of high-pressure washers, or other maintenance or delivery activities which generate noise having the potential of disturbing neighboring properties. [Citation - Section 8.48.070(P) of the SCMC]
Code
Comp**

7.22 The Applicant understands and acknowledges sound amplification devices located outside any business’s primary building are not permitted, unless specifically identified and approved in this permit or subsequent permits approved by the City. [Citation - Section 8.48.080 of the SCMC]
Code
Comp**

7.23 The Applicant (including any property owners and managers, and their designees) shall abide by all applicable laws, including Orange County Health Department and the California Department of Alcoholic Beverage Control (ABC) laws.

Code
Comp
OCHCA
ABC**

7.24 The Applicant shall rectify any outstanding violations related to signage or exterior improvements within two weeks of the approval of this permit.

Planning**
* Denotes a modified Standard Condition of Approval
** Denotes a project specific Condition of Approval
266
Primo foods San Clemente
2801 S. El Camino Real 92672 storage square footage is 2250 ft.² we are applying for a minor conditional use permit for a off sale beer and wine license our hours of operation are Monday through Sunday 8 AM to 8 PM project number MCUP 22–197 Application for a minor conditional use permit
to whom it may concern we are asking for a minor conditional use permit for application of off sale beer and wine license our store is 2250 ft is located at 2801 S. El Camino Real there will be no consumption of alcohol on site Primo food is a neighborhood Deli/Butcher shop with truly some of the best meat you could find we offer certified Angus beef which we have been certified to sell for many years and other variety of homemade food that we make in house and our fresh local produce and our homemade Guacamole salsas dips salads tamales and lots of other authentic Mexican and traditional American food we've been around since 1996 and we take a lots of pride in what we do San Clemente location would be our first owned location this location will have a meats deli and hot food counter beer and Wine some grocery items fresh local Produce and fresh cut f lowers most of our food and product is to go we look forward to making a beautiful impression on a our new community and we look forward to comply and do anything you ask of us to make this happen I truly thank you for all your help in advance we are a local small business really small and time does affect us during these hard times We truly need your help in this matter to expedite The process thank you again Sincerely Sam Assi
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267
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268
30"x36"
CLR.

G

WALK-IN COOLER
(N)

RETAIL (N)

RESTROOM
(N)

COOKING (N)

SERVICE AREA (N)
POS
WH

STORAGE
(E)

WASHING / PREP (N)
B
A5.0
B
A5.0
C
A5.0
C
A5.0
A
A5.0
ELECT.

PNL.
30"x36"
CLR. PNL. ELECT.
(E) GAS METER
7'-0"
6"
7'-3"
9'-5"
44" MIN.
2 1 3
4 AD1
13 4
8 56
D-1
D-3
1 AD2
(TYP.)
(TYP.)
7 10
(TYP.)
77 9'-8" 7'-0"
444
4 3/0X7/0 R.O.

D-2
3 8
9 12
7 AD2
7 11 (TYP.)
11 (TYP.)
11 (TYP.)
11 (TYP.)
1313
12"
CLR.
44" MIN.
44" MIN. 44" MIN. 44" MIN.
36" MIN.
36" MIN.
30"x48"
CLR.
15 14
3/0X7/0 R.O.
18" MIN.

CLR.
12" MIN.

CLR.
18" MIN.

CLR.
12" MIN.

CLR.
16 17 TYP.
18 19

MERCHANDISE
COOLER

MERCHANDISE

FREEZER

ILLUMINATED

DISPLAY SHELVING

ILLUMINATED

DISPLAY SHELVING
17 (TYP.)

FLOOR PLAN KEYNOTES

5. (N) COUNTERTOP AND CASEWORK TO BE SELECTED.

4. EXISTING WOOD FRAMED FIXED WINDOWS.

3. (E) THRESHOLD, FOR COMPLIANCE SEE SHEET AD1 / DTL. 5

2. ACCESSIBLE TACTILE "EXIT" SIGN, SEE AD1 / DTL.-2&4

1. INTERNATIONAL SYMBOL OF ACCESSIBILITY, SEE AD1 / DTL.-1&4 PROVIDE SHOP DRAWINGS FOR REVIEW AND APPROVAL.

6. (N) POINT OF SALE ACCESSIBLE COUNTER. SECTION OF ACCESSIBLE MAX. ABOVE FINISHED FLOOR, SEE AD1 / DTL.-16.

COUNTER SHALL BE MINIMUM 36" WIDE AND TO BE INSTALLED 28" TO 34"

10. (N) STAINLESS STEEL BACK SPLASH UNDER EXHAUST HOOD UP TO

9. (N) 42" HT. PONY WALL.8. INFILL WALL EXISTING OPENING.7. EXISTING COLUMN TO BE MODIFIED, SEE STRUCTURAL PLANS. 80" MIN. ABOVE FINISHED FLOOR BY VENDOR.

11. (N) EQUIPMENT SHOWN FOR REFERENCE ONLY, FOR DETAILS - SEE EQUIPMENT PLAN AND SCHEDULES. (TYP.)

13. (N) WALK-IN COOLERS & FREEZERS BY VENDOR,12. (N) WATER HEATER, SEE EQUIPMENT SCHEDULE.

SEE EQUIP. PLAN & SCHEDULE.

14. CASH REGISTER / POINT-OF-SALE DEVICE SHALL COMPLY WITH AVAILABLE TO ALL INDIVIDUALS (11B-707.9.1.1).

OPPORTUNITY FOR THE SAME DEGREE OF PRIVACY INPUT AND OUTPUT

RPOCESS THE TRANSACTION IN A MANNER THAT PROVIDES THEENTER HIS OR HER OWN PERSONAL INFORMATION NECESSARY TOPROCESSING DEVICE ) SHALL ENABLE VISUALLY IMPAIRED PERSON TO (11B-707.9) . ELECTRONIC PAYMENT SYSTEMS (CREDIT CARDS

15. PROVIDE 30"X48" CLEAR FLOOR SAPCE FOR WHEELCHAIR PARALLEL APPROACH IN FRONT OF POINT-OF-SALE COUNTER. (11B-305)

17. DASH LINE INDICATES MINIMUM MANEUVERING CLEARANCE AT DOOR,16. EXISTING DOOR - NOT AN ACCESSIBLE ENTRANCE / EXIT.

FOR DETAILS, SEE AD1 / DTL-7.

19. PROVIDE 30" MIN. WIDE AND 36" MIN. DEEP WORKING SPACE IN FRONT18. EXTERIOR ROOF ACCESS LADDER, SEE BLDG. ELEVATIONS.

LESS THAN 78" ABOVE FIN. FLOOR OR GRADE. (CEC 110.26 )
OF ELECTRICAL PANEL. THE HEIGHT OF WORKING SPACE SHALL BE NO

WALL SYMBOL AND LEGEND
NEW WALK-IN COOLER WALL, BY VENDOR.NEW WALL. METAL STUDS @ 16" O.C, TYP..EXISTING WALL TO BE REMOVED 6 PROVIDE A LEVEL LANDING ON EACH SIDE OF A DOOR EXTENDING 60"

7.SWING, MEASURED WITH DOOR CLOSED. CBC 11B-404.2.4.1
ON DIRECTION OF DOOR SWING AND 48" IN OPPOSITE DIRECTION OF DOOR

MANEUVERING CLEARANCE AT SWING DOORS AND GATES SHALL

8. RECESSED DOORS AND GATES SHALL COMPLY WITH SECTION 11B-404.2.4.3.DOORWAYS WITHOUT DOORS SHALL COMPLY WITH SECTION 11B-404.2.4.2MANEUVERING CLEARANCE AT SLIDING DOORS, FOLDING DOORS AND COMPLY WITH SECTION 11B-404.2.4.1 AND TABLE 11B-404.2.4.1 LOCKS AND LATCHES. IN A3, B, F, M AND S OCCUPANCIES,
ADJACENT TO THE DOOR STATING:A READILY VISIBLE DURABLE SIGN IS POSTED ON THE EGRESS SIDE ON OR PROVIDED:KEY-LOCKING HARDWARE MAY BE USED AT THE MAIN ENTRY / EXIT DOOR(S) "THIS DOOR TO REMAIN UNLOCKED DURING BUSINESS HOURS"
(CBC 1010.1.9.3).

THE SIGN SHALL BE IN LETTERS 1" HIGH ON A CONTRASTING BACKGROUND. 1 DOOR NOTES
DOOR OPENINGS SHALL PROVIDE A CLEAR WIDTH OF 32 INCHES
2 DOOR OPEN 90 DEGREES.MEASURED BETWEEN THE FACE OF THE DOOR AND THE STOP, WITH THEMINIMUM. CLEAR OPENINGS OF DOORWAYS WITH SWINGING DOOR SHALL BE OPERABLE PARTS. (11B-309.4)
FOLLOWS :

THE FORCE FOR PUSHING OR PULLING OPEN A DOOR OR GATE SHALL BE AS A. OPERABLE PARTS SHALL BE OPERABLE WITH ONE HAND AND
BE 5 POUNDS MAXIMUM.

THE WRIST. FORCE REQUIRED TO ACTIVATE OPERABLE PARTS SHALL

SHALL NOT REQUIRE TIGHT GRASPING, PINCHING, OR TWISTING OF C. REQUIRED FIRE DOORS SHALL NOT EXCEED 15 POUNDS.

B. SLIDING OR FOLDING DOORS SHALL NOT EXCEED 5 POUNDS MAX. 3 HANDLES, PULLS, LATCHES, LOCKS AND OTHER OPERABLE PARTS ON 4 USABLE FROM BOTH SIDES. 11B-404.2.7.FULLY OPEN POSITION, OPERATING HARDWARE SHALL BE EXPOSED AND ABOVE THE FINISH FLOOR OR GROUND. WHERE SLIDING DOORS ARE IN THE SUCH HARDWARE SHALL BE 34 INCHES MINIMUM AND 44 INCHES MAXIMUM DOORS AND GATES SHALL COMPLY WITH 11B-309.4. OPERABLE PARTS OF SWINGING DOOR AND GATE SURFACES WITHIN 10 INCHES OF THE 5 KICK PLATES SHALL BE CAPPED. 11B-404.2.10
AND BE FREE OF SHARP OR ABRASIVE EDGES. CAVITIES CREATED BY ADDED SURFACES SHALL BE WITHIN 1/16 INCH OF THE SAME PLANE AS THE OTHER GATE. PARTS CREATING HORIZONTAL OR VERTICAL JOINTS IN THESE

SURFACE ON THE PUSH SIDE EXTENDING THE FULL WIDTH OF THE DOOR OR

FINISH FLOOR OR GROUND MEASURED VERTICALLY SHALL HAVE A SMOOTH THRESHOLDS, (11B-404.2.5) IF PROVIDED AT DOORWAYS, SHALL BE 1/2 DOORWAYS SHALL COMPLY WITH 11B-302 AND 11B-303.

INCH HIGH MAXIMUM. RAISED THRESHOLDS AND CHANGES IN LEVEL AT 2 OFFICE TYPE LOCKSET
1 DEADBOLT

HARDWARE GROUP

DOOR SCHEDULE
NO. EXISTING / NEW

DOOR PANEL

HARDWARE

GROUP CLOSER REMARKS

WIDTH HEIGHT TYPE
EXISTING 3'-0" 7'-0" HINGED 7 YES
PROVIDE SELF-CLOSING DEVICE.
"THIS DOOR TO REMAIN UNLOCKED DURING BUSINESS HOURS"
PROVIDE A SIGN :

EXISTING 3'-0" 7'-0" HINGED 7 YES PROVIDE SELF-CLOSING DEVICE.

NEW 3'-0" 7'-0" HINGED 3 YES PROVIDE SELF-CLOSING DEVICE. 4 PASSAGE SET
3 PRIVACY LOCKSET, CLOSER
7 LOCKSET W/ CLOSER
D-2D-1
6 STORAGE LOCKSET5 PASSAGE SET, W/ CLOSER
D-3
NOTE : FOR MINIMUM MANEUVERING CLEARANCES AT DOORS , SEE AD1 / DTL.-7.

RETAIL (E)

ENTRY (E)

BATH (E)

OFFICE (E)

WORKSHOP (E)

STORAGE (E)

GARAGE (E)

DRESS'G (E)
UP
G
UP
ELECT.

PNL.

PNL.ELECT.

GAS METER(E)
(TYP.)(E) COLUMN,
(E) LANDING
(E) 3/0X7/0 (E) 3/0X7/0 (E) 3/0X7/0 (E) PLUMBING FIXTURES TO BE REMOVED, (TYP.) (E) PLUMBING FIXTURES TO BE REMOVED, (TYP.) (E) 8/0X5/0 FIXED (E) 8/0X5/0 FIXED
(E) 8/0X5/0 FIXED (E) 3/0X4/0 CSMT. (E) 10/0X3/6 CSMT.
(E) 4/0X3/0 CSMT.
(E) RAMP AND STAIRS

TO BE REMOVED,
(TYP.)

TO BE REMOVED
(E) STAIRS AND RAISED FLOOR

TO REMAIN
(E) CONC. FLOOR

REMOVE (E) RAISED FLOOR
REQUIRED 30" X 48" CLEAR FLOOR SPACE (11B-305.3)
30"x36"
CLR.

SYMBOL AND LEGEND
30"x48"
CLR.

FLOOR DRAIN, SEE PLUMBING PLANSFLOOR SINK, SEE PLUMBING PLANS GRADE. (CEC 110.26)
WITH 78" MIN. HEADROOM ABOVE FINISH FLOOR OR
REQUIRED 30" X 36" CLEAR FLOOR SPACE

No. Revision/Issue
06-01-202103-01-2021
2 SCALE : 1/4" = 1'-0"T.I. FLOOR PLAN
N
SCALE : 1/4" = 1'-0"EXISTING / DEMO FLOOR PLAN
N

DEMOLITION NOTES

1. CONTRACTOR SHALL DEMOLISH EXISTING CONSTRUCTION AS
OWNER.

AND MATERIALS NOT REQUIRED BY CONSTRUCTION OR REQUESTED BY

NECESSARY TO INSTALL NEW WORK AND REMOVE ALL EXCESS DEBRIS

2. CONTRACTOR SHALL ERECT AND MAINTAIN TEMPORARY BARRICADES, CONSTRUCTION PROCESS OR EXPOSURE TO WEATHER.

PROPERTY FROM DAMAGE OR LOSS ARISING BECAUSE OF

MAINTAIN ADEQUATE PROTECTION OF WORK AND THE OWNER'S

PROTECTION AGAINST ACCIDENTS, AND SHALL CONTINUOUSLY

WATERPROOFING AND DUST-PROOF PARTITIONS, AS NEEDED FOR

3. CONTRACTOR SHALL BE RESPONSIBLE FOR MAINTAINING IN GOOD PROCESS OR EXPOSURE TO WEATHER.PORTIONS DAMAGED AS A RESULT OF THE WORK, CONSTRUCTIONREMAIN AND SHALL REPLACE OR REPAIR AT HIS EXPENSE ANY

CONDITION ANY PARTITIONS OF THE EXISTING BUILDING AND SITE TO

4. CONTRACTOR SHALL REMOVE ALL EXCAVATED OR EXCESS SOIL, PRIOR TO START OF CONSTRUCTION.

ANY ITEMS TO REMAIN OR BE SALVAGED WITH ARCHITECT AND OWNER DEBRIS AND MATERIALS NOT REQUIRED BY CONSTRUCTION. CONFIRM 269
30"x36"
CLR.

G
WM
ELECT.

PNL.
30"x36"
CLR. PNL. ELECT.

E L C A M I N O R E A L LC

A L L E Y LC

CL S A N L U I S R E Y
(E) ELECTRICAL
PANEL
(E) WATER METER
22'-0"
8'-0"

TO CURB
⅊ 100.00'
⅊ 40.00'
⅊ 40.00'
⅊ 100.00'
(E) SIDEWALK
(E) SIDEWALK
6'-0"
14'-6"
(E) CURB & GUTTER
(E) CURB & GUTTER
(E) GAS METER
(E) ACCESSIBLE
RAMP

CONTROL
(E) TAFFIC
BOXES
(E) STREET LIGHT
POLE
(E) TRAFFIC LIGHT
5'-0"
4'-0"
(E) UTILITY POLE
1 (E) SIDEWALK - PUBLIC RIGHT OF WAY
2 SETBACK
(N) TRASH ENCLOSURE

TRASH TRASH
(N) FENCE / SCREEN
3 EXISTING

SINGLE-STORY

BUILDING
MAIN

ENTRANCE
/ EXIT
4 7'-0"
5'-0" 5% MAX
8'-6"

LANDING

No. Revision/Issue
06-01-202103-01-2021
2 SHEET INDEX
TENANT IMPROVEMENT OF EXISTING BUILDING :

SCOPE OF WORK

PROJECT INFORMATION
CONVERTING EXISTING CYCLERY INTO FOOD STORE / DELI:
- REMOVING EXISTING PLUMBING FIXTURES AND ACCESSORIES IN EXISTING RESTROOM.
- INSTALLATION OF NEW PLUMBING FIXTURES AND ACCESSORIES IN- NEW NON-BEARING WALLS AS NOTED- REMOVING EXISTING NON-BEARING WALLS AS NOTED.

ACCESSIBLE RESTROOM AS NOTED.
- NEW ROOFTOP EQUIP. AND SCREENING- NEW ELECTRICAL AT REMODELED AREA - LIGHTING AND POWER. 2019 CALIFORNIA BUILDING ENERGY EFFICIENCY STANDARDS2019 CALIFORNIA GREEN BUILDING CODE2019 CALIFORNIA ELECTRICAL CODE2019 CALIFORNIA MECHANICAL CODE2019 CALIFORNIA PLUMBING CODE2019 CALIFORNIA FIRE CODE2019 CALIFORNIA RESIDENTIAL CODE2019 CALIFORNIA BUILDING CODE INCLUDING LOCAL AMENDMENTS.

ALL WORK SHALL COMPLY WITH THE FOLLOWING CODESAPPLICABLE CODES M
USE : RETAIL
TYPE OF CONSTRUCTION : TYPE VB
FIRE SPRINKLERS : YES
VICINITY MAP SCALE : 1/8" = 1'-0"

SITE PLAN
N

SITE PLAN KEYNOTES

SYMBOLS AND LEGEND
2% MAX. CROSS SLOPE

OF TRAVEL,
5% MAX. SLOPE IN DIRECTION

PATH OF TRAVEL / ACCESSIBILITY

1. EXISTING ENTRANCE / EXIT.

FOR DETAILS - SEE AD1 / DETAIL-5

THRESHOLD TO COMPLY WITH CURRENT ACCESSIBILITY STANDARDS, 2 ACCESSIBLE PATH OF TRAVEL. PATH OF TRAVEL SHALL HAVE A MAX.

TRAVEL SHALL BE 1/4" MAX.THE MAXIMUM VERTICAL CHANGE IN LEVEL ALONG THE PATH OF PATH OF TRAVEL SHALL BE WITH NO ABRUPT CHANGES.

SLOPE OF 5% IN DIRECTION OF TRAVEL AND 2% MAX. CROSS SLOPE

4. NOT AN ACCESSIBLE ENTRANCE - PROVIDE SIGN DIRECTING TOWARD

3. NEW GREASE INTERCEPTOR, SEE EQUIPMENT PLAN & SCHEDULE.

MAIN ENTRANCE, SEE AD1 / DTL.-11

PROJECT SITE
UNDER SEPARATE PERMIT.FIRE SPRINKLER SYSTEM AND FIRE ALARM ARE A DEFERRED SUBMITTAL

DEFERRED SUBMITTALS

SITE PLAN GENERAL NOTES

1. BUILDING ADDRESS SHALL BE POSTED VISIBLE AND LEGIBLE FROM THE DRIVE AREA.

2. IT IS THE OWNER'S AND THE CONTRACTOR'S RESPONSIBILITY TO PUBLIC IMPROVEMENTS.

THE INSPECTOR'S REVIEW OF THE CURRENT CONDITION OF THE SAID

REPAIRS REQUESTED BY THE PUBLIC WORKS INSPECTOR BASED ON

TO THE PROPOSED CONSTRUCTION ACTIVITIES AND TO ADDRESS ALL

REPAIR ALL DAMAGE TO THE EXISTING PUBLIC IMPROVEMENTS DUE FLOOR AREA : 2,250 SQ. FT.

OCCUPANCY GROUP :

M3 EQUIPMENT REFRIGERATION LINESM2 MECHANICAL PLANM1 NOTES AND DETAILS E2 LIGHTING AND POWER PLANE1 PANEL SCHEDULE
K5-10 HOOD DRAWINGSK4 MEP ROUGH INK3 EQUIPMENT SCHEDULEK2 FINISH SCHEDULEK1 KITCHEN COVER SHEET AD2 DETAILSAD1 DETAILSA5.0 BUILDING SECTIONSA4.0 BUILDING ELEVATIONSA3.0 REFLECTED CEILING PLANA2.0 EXIST./DEMO & T.I. FLOOR PLANA1.7 HVAC WORKSHEETA1.6 HVAC WORKSHEETA1.5 HVAC WORKSHEETA1.4 HVAC WORKSHEETA1.3 ROOF PLANA1.2 NOTESA1.1 EGRESS PLANA1.0 TITLE PAGE / SITE PLAN

AND NOTES
QE-02 WALK-IN COOLER DETAILSQ-02 WALK-IN COOLER PLAN & DETAILSQE-01 WALK-IN COOLER DETAILS & NOTESQ-01 WALK-IN COOLER PLAN T24.1 ENERGY CALCULATIONST24.0 ENERGY CALCULATIONS
P3.1 PLUMBING DETAILSP2.0 PLUMBING PLANSP1.1 PLUMBING SCHEDULEP1.0 PLUMBING NOTES S.C. STATE BEACH PARKING
OCCUPANT LOAD : (SEE A1.1 OCCUPANCY CALCS.) 17 PERSONS

GENERAL NOTES
COORDINATED WITH THE GENERAL CONTRACTOR.CONFLICTS IN LOCATIONS OF FIXTURES SHALL BE WORKED OUT AND CONTRACTOR AND THE PAINTER.COORDINATE CUTTING AND PATCHING REQUIREMENT WITH THE DRYWALL AND PATCHING SHALL BE DONE IN A SAFE WORKMANLIKE MANNER.

TRASH AND DIRT AND DUST CONTROL SHALL BE ADHERED TO. ALL CUTTING LITTLE DISTURBANCE TO THE EXISTING TENANT AS POSSIBLE. STRICT

ALL WORK SHALL BE INSTALLED IN A NEAT WORKMANLIKE MANNER WITH AS OWNERS' ATTENTION PRIOR TO THE START OF ANY WORK.

BEGUN. ANY DISCREPANCIES SHALL BE BROUGHT TO DESIGNERS' OR

ALL DIMENSIONS SHALL BE VERIFIED BEFORE ANY CONSTRUCTION IS STANDARDS AND LOCAL ORDINANCES.)

GREEN BUILDING CODE, CALIFORNIA BUILDING ENERGY EFFICIENCY STANDARDS CODE ( 2019 CBC, CRC, CMC, CPC, CEC, CFC, CALIFORNIA ALL WORK SHALL BE DONE IN COMPLIANCE WITH THE 2019 CALIFORNIA MINIMUM PLUMBING FIXTURES CALCULATIONS CPC, TABLE 422.1 OCCUPANCY GROUP 8 OCCUPANTS / 2 = 4 EACH

M WATER CLOSETS LAVATORIES URINALS DRINKING FOUNTAIN SERVICE SINK

REQ'D PROVIDED REQ'D PROVIDED REQ'D PROVIDED REQ'D PROVIDED REQ'D PROVIDED 4 MALE 1 1 1 1 0 0
0011
4 FEMALE 1111 00
OCCUPANT LOAD FACTOR CPC TABLE 422.1 TABLE A
NAME & USE OF SPACE GROUP OCC. (S.F.) AREA OCC. FACTOR LOAD OCC.RETAIL M 789 200 4 SERVICE AREA M 157 200 1
PREP AREA M 82 200 1
COOKING M 172 200 1
WASHING M 132 200 1TOTAL OCCUPANCY : 8

1. SEPARATE TOILET FACILITIES SHALL NOT BE REQUIRED
NOTE :

BY NO MORE THAN ONE PERSON AT A TIME. ( CPC 422.2 (3))

AND EMPLOYEES, ONE TOILET FACILITY, DESIGNED FOR USE
OCCUPANT LOAD OF 50 OR LESS INCLUDING CUSTOMERS

IN BUSINESS AND MERCANTILE OCCUPANCIES WITH A TOTAL

2. DRINKING FOUNTAIN NOT REQUIRED IF OCCUPANT LOAD 30
OR LESS. (CPC 415.2 ).

PLUMBING FIXTURES CALCULATION
NOTE-2
2 2
2 12"
12" MIN.

MIN.

AT UPPER LANDING

WHEEL GUIDE RAIL
34" - 38"
30'-0" MAX. RUN 5'-0" MIN. 6'-0" MIN.

AT LOWER LANDING

GUIDE RAIL OR CURB
< 4"
48" MIN. CLEAR
48" MIN. CLEAR
WHEEL GUIDE CURB < 4"
IF DROP-OFF IS GREATER THAN 4"
PROVIDE 6" HIGH CURBNOTE :
4" MIN.
34" - 38"
34" - 38"

DROP-OFF
NOTE : HANDRAILS REQUIRED IF RAMP RUN RISE GREATER THAN 6 INCHES.

BOTTOM GRIPPING SURFACE SHALL NOT BE OBSTRUCTED UP TO 20% OF THE LENGH.

TOPS AND SIDES OF GRIPPING SURFACE SHALL NOT BE OBSTRUCTED

HANDRAILS MUST BE CONTINUOUS THE FULL LENGTH OF RUN
TOP AND BOTTOM OF RAMP ENDS AND BEFORE THE START OF RETURN RADIUS.

HANDRAILS MUST EXTEND A MIN. OF 12" OF HORIZONTAL DISTANCE BEYOND AT MAX. 1:12 SLOPE

CROSS SLOPE
MAX. 1:48
TYP. ACCESSIBLE RAMP SCALE : NTS
07/25/2022 7:45:00 AM
Revised

REVIEWED FOR CODE COMPLIANCE

CITY OF SAN CLEMENTE

BUILDING DIVISION
BY holdenj DATE 07/25/2022
270
AGENDA ITEM: 4-A
ATTACHMENT 3

STAFF REPORT

SAN CLEMENTE ZONING ADMINISTRATOR
Meeting Date: November 3, 2022
PLANNER: Laura Coury, Assistant Planner
SUBJECT: Minor Conditional Use Permit (MCUP) 22-197, Primo Food Beer and Wine, a request to allow beer and wine sales for offsite consumption only at an existing grocery/food store.

LOCATION: 2801 S. El Camino Real

ZONING/GENERAL
PLAN:

Mixed-Use (MU 5.0), Affordable Housing Overlay District (AH)

PROJECT SUMMARY
 Site Information: The project site is located within the Mixed-Use 5.0 Zone and the Affordable Housing Overlay. The existing grocery/food store, Primo Foods, occupies a single tenant building. The site is on the corner of South El Camino Real and Avenida San Luis Rey. The site’s frontage is on South El Camino Real, and the rear of the property abuts an alley with multi-family residential directly across. The project site abuts a single family detached dwelling with an accessory dwelling unit to the south, and on the north and northeast side multi-family homes. Figure 1 below shows an aerial view of the site. To the
Figure 1 – Aerial View
 Proposed Project: The applicant, Sam Assi, requests approval of a Minor Conditional Use Permit (MCUP) to sell beer and wine for off-site consumption in conjunction with the existing grocery/food store operations. No sale for on-site consumption is Project Site
271
Primo Food’s Beer and Wine Page 2
requested. The grocery/food store current hours of operations occur between 8:00 AM and 8:00 PM daily (Attachment 2). The grocery/food store has an approved business license for retail grocery sales, which is reflected on the floor plan (Attachment 3). No additional parking is required.
 Approval Authority: Zoning Administrator approval is required for MCUPs (Zoning Ordinance Section 17.16.070).
 Project Findings: Staff supports the proposed use, subject to recommended conditions of approval, because it meets the required findings in the attached Resolution (Attachment 1) for MCUP approval for the following reasons:
o Beer and wine service at a grocery/food store is a conditionally permitted use in the Mixed-Use 5.0 Zone and is consistent with the General Plan; and o The project maintains the primary use of the site as a grocery/food store; and o The project site is suitable for the type and intensity of the proposed use in that the sale of beer and wine is contained entirely within the building and the proposed business operating hours cease no later than 8:00 PM on any given day of the week; and
o No additional parking is required, as the proposed project does not modify or expand the stores footprint; and does not change the use of the business to include on-site consumption with seating restaurant style; and
o The Development Management Team (DMT), including the Orange County Sheriff’s Department (OCSD) and the City’s Code Compliance Division, reviewed the project and do not have concerns with the request; and o The proposed use will not be detrimental to the public health, safety or welfare or materially injurious to properties and improvements in the vicinity in that the proposed use must comply with conditions of approval and code requirements, such as Fire Code, California Building Code, Alcohol Beverage Control licensing requirements, and the Municipal Code, including limits on hours of operation, amplified sound, and a requirement that employees receive alcohol service training.
 CEQA: The project is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 (Class 1: Existing Facilities) because the proposed project involves the permitting, operation, and minor alteration of existing structures and facilities involving negligible expansion of the use.  Public Comment: The project was publicly noticed in accordance with the San Clemente Zoning Ordinance and, as of the date this report was submitted for publishing, Staff has received no public comment on this item.

RECOMMENDATION
Staff recommends that the Zoning Administrator:

272
Primo Food’s Beer and Wine 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 ZA 22-020, approving Minor Conditional Use Permit 22-197, Primo Foods, subject to Conditions of Approval.

Attachments:

1. Resolution ZA 22-020
Exhibit A – Conditions of Approval

2. Project Narrative

3. Floor Plan
273
ATTACHMENT 4
274
275
276
277
278
279
280
281
282
283
284
285
286
287
288
289

AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 2/7/2023 Agenda Item: B.

Department: Code Compliance Division
Prepared By Adam Atamian, Deputy Community Development Director Subject:

BILLING FOR 2022 WEED ABATEMENT PROGRAM
Fiscal Impact:

The gross cost for the 2022 Weed Abatement Program was $132,042.51. The program is funded under the budget account number 001-452-43470-000-0000. The majority of the program cost is passed on to the non-compliant property owners or to City departments who have purview over parcels serviced by this program. Upon City Council authorization, staff will pursue reimbursement of expenses associated with weed abatement of private properties.

Summary:

The San Clemente City Council establishes an annual Weed Abatement Program administered by the Code Compliance Division to reduce the fire hazard of weeds and debris on vacant lots and unoccupied structured parcels in San Clemente. The 2022 Weed Abatement program was completed and the Code Compliance Division requests authorization to now bill those property owners who did not clear their own properties after having been served notice to do so.

Background:

On May 3, 2022, the City Council held a Public Hearing and passed Resolution 22-17 authorizing the City’s Weed Abatement Contractor to clear all vacant lots and unoccupied, developed properties within the City that were not in compliance with the weed abatement standards. In accordance with Section 29575 of the California Government Code, the noticing and posting of the charges has been successfully carried out by the City. In accordance with Section 29574 of the Government Code, the 2022 Weed Abatement Report is hereby submitted as Attachment 1.

Discussion:

The California Government Code outlines the process for the Weed Abatement Program. Part of the process includes a public hearing to allow citizens to express any concerns pertaining to the weed abatement process and consequent billing. In the event that the property owner does not pay the bill presented, the Accounting Division will return to the City Council during July 2023 for authorization to attach the bill amount as a special assessment (lien) against the property.

The past practice of the City Council has been to waive the City’s notification costs for the property owners that have complied with weed abatement notifications.

CITY OF SAN CLEMENTE Page 1 of 2 Printed on 2/2/2023
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Meeting Date: 2/7/2023 Agenda Item: B.

Recommended Actions:

Staff Recommendation
STAFF RECOMMENDS THAT THE CITY COUNCIL:

1. WAIVE THE CITY’S NOTIFICATION COSTS FOR THE COMPLIANT PROPERTY OWNERS;

2. APPROVE THE WEED ABATEMENT REPORT BY MOTION; AND

3. AUTHORIZE THE WEED ABATEMENT CONTRACT ADMINISTRATOR TO BILL THE AMOUNTS INDICATED IN THE REPORT TO THE APPROPRIATE PROPERTY OWNERS.

Attachment:

1. Weed Abatement Administrative Charges Report

2. Weed Abatement Expenditure Cost Breakdown Report

3. List of Non-compliant Properties
Notification:

Ed Stewart & Associates
Public Hearing Notice published in the San Clemente Times on January, 26, 2023 CITY OF SAN CLEMENTE Page 2 of 2 Printed on 2/2/2023
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ATTACHMENT 1
WEED ABATEMENT ADMINISTRATIVE CHARGES REPORT FOR 2022

ADMINISTRATIVE EXPENDITURES
Contract Services
Contract Weed Abatement Administration:

Charge per non‐complaint parcel and inspections:

Notifications mailed to: wners
$200
$ 200.00 X 21 properties: $4,200.00
520 property owners
City Staff w/Benefit Costs
Total
Hours
Total Rate
w/benefits
Code Compliance Manager 20 1883.42 $ 1,883.42
Finance FAS: $63.89 UB: $ 45.83 CM: $201.04 AR: $45.83 11.2 699.83 $ 699.83 City Clerk 1.5 91.28 $ 91.28
Total Expenditures For Weed Abatement For Year 2022 $ 6,874.53 Charges Waived for Compliant Lots 499 $ (2,566.52)
Total Charges for Non‐Compliant Lots $ 4,308.01
Total Number of Private Lots Cleared 21 21
Administrative Cost per Non‐Compliant Lot: $ 205.14
292
ATTACHMENT 2
WEED ABATEMENT EXPENDITURE COST BREAKDOWN REPORT FOR 2022

WEED ABATEMENT EXPENDITURES
Cost to Abate/Cut fees charged to Non‐Compliant Properties Without $200 Administrative Fee 21 $ 7,366.80
Costs to Clean City Reservoirs Sites (Costs are forwarded to Water Division for return of costs to the General Fund) 23 $ 27,521.20 Cost to Clean City‐Owned Lots/Parcels 52 $ 77,849.50
Program Administrative Cost $ 15,000.00
Total $ 127,737.50
Administrative Charges $ 6,874.53
Waived fees for Compliant Lots $ (2,566.52)
Contract Services for Weed Abatement $ 127,737.50
Total Expenditures for Weed Abatement Program 2022 $ 132,042.51 293
Attachment 3 – List of Noncompliant Properties is on file with the City Clerk.
294

AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 2/7/2023 Agenda Item: A.

Department: City Manager
Prepared By: Jonathan Lightfoot, Economic Development Officer Subject:

Consideration of Pilot “Green Line” Trolley Route
Fiscal Impact:

The City Council has previously authorized a supplemental appropriation of $59,230 to account # 021 -808-43690 (Other Professional Services) for continued weekend Trolley operations between January and March of 2023 on the red line and $34,000 for two trolleys on a pilot route for up to 12 weeks prior to Memorial Day weekend.

Summary:

Staff recommends that a pilot route connect to a stop that is shared or near to the Red Line. The two busiest stops on the Red Line route are at the San Clemente Outlets and at the San Clemente Pier.

Staff has provided two alternatives for consideration: an inland route linked to the Outlets (Attachment 2) and a southern route linked to the Pier (Attachment 3).

Background:

At its December 20, 2022 regular business meeting, the City Council authorized an extension of the trolley operations contract with LAZ for the 2023 season, adding Saturday and Sunday service on the red line for January through March and approving a pilot route for the two Blue Line trolleys, which would otherwise be out of service until Memorial Day weekend. The Council asked staff to return with example routes for consideration at their regular meeting on January 17, 2023.

Discussion:

To maximize the effectiveness of the temporary pilot route (“Green Line”), staff recommends that either it connect to the Red Line’s Pier or Outlets stop, which are the two busiest loading points for the Trolley and have access to public parking. The existing red and blue line routes are shown in Attachment 1.

Timeframe. Staff recommends that the pilot “Green Line” operate from Saturday, March 11 until Sunday, May 21, 2023. The following weekend, Memorial Day weekend, the trollies will return to their regularly scheduled Blue Line route as required by the City’s Measure V Grant Agreement with OCTA. Staff recommends a target driving time of 25 minutes for the pilot route. With two trolleys operating, this would keep headways between 15-20 minutes at each stop, consistent with the wait times at the Red Line stops.

Inland Route. The proposed inland route, shown in Attachment 2, would begin at the Outlets with loading at the same location normally used to service the Blue Line during the summer. Staff recommends the following stops:

CITY OF SAN CLEMENTE Page 1 of 3 Printed on 1/30/2023
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Meeting Date: 2/7/2023 Agenda Item: A.
· Marblehead Inland Park
· Vista Hermosa Sports Park
· Plaza Pacifica
· Rancho San Clemente Park
· Outlets at San Clemente
These stops were selected because of their proximity to shopping, parking, recreation, and accessibility to inland neighborhoods, including Marblehead, Forster Ranch, Talega, and Rancho San Clemente. This route has a projected drive time of 26 minutes. With operations limited to Saturday and Sunday, staff does not recommend stops in the business parks or at the high school, which are mostly vacant on those days. Other nearby stops that staff considered include the Talega Village Center, Richard T. Steed Park, and the Gateway Village Plaza (near the high school). They were removed, however, to maintain the desired 15-20 minute headways along the route.

Southern Route. The southern route, shown in Attachment 3, would begin in the Pier Bowl and proceed in a loop to the south with stops at or near the following locations:
· Dorothy Visser Senior Center
· Ralph’s / Zebra House Coffee
· S. El Camino Real / Ramona (near America’s Best Value Inn and Surfbreak Hotel) · S. El Camino Real / Magdalena Off Ramp (near Travelodge and Calafia Inn) · San Clemente Inn / Raya’s Paradise
· San Clemente State Beach (Calafia)
· Ola Vista at Valencia
· T-Street Beach Access
· Pier Bowl
These stops were selected because they provide additional public beach access and access to other visitor serving locations, such as hotels along South El Camino Real and the State Park campground off Avenida Calafia. This route has a projected drive time of 23 minutes. There is public parking at the Pier, T-Street, and near the Dorothy Visser Senior Center; however, the other stops would predominately be on-street stops that are near commercial areas that have restricted private parking.

Other stops considered by staff include the Riviera Beach access and the San Clemente Municipal Golf Course.

Recommended Actions:

Staff Recommendation
Staff recommends that the City Council:

1. Establish the operating timeframe of March 11 through May 21, 2023 on Saturdays and Sundays for the pilot “Green Line” Trolley; and

2. Direct staff to pursue the inland route or the southern route for the pilot “Green Line” Trolley; and

3. Direct city staff to collaborate with LAZ to establish the precise curb locations and signage for the temporary pilot route.

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Meeting Date: 2/7/2023 Agenda Item: A.

Attachment:

1. Map of existing Red and Blue Line Trolley Routes

2. Map of Inland Option for the Pilot

3. Map of Southern Option for the Pilot
Notification:

San Clemente Chamber of Commerce; San Clemente Downtown Business Association; staff at the San Clemente State Park
CITY OF SAN CLEMENTE Page 3 of 3 Printed on 1/30/2023
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San Clemente Trolleys stop
every 15 minutes.Trolleys are ADA accessible.Bike racks available.No pets allowed.

STAY INFORMED
For real-time Trolley tracking
visit www.sctrolley.com



 
San Clemente PierAve. Del Mar & Calle SevilleAve. Del Mar & Ola VistaEl Camino Real & Ave. Del MarEl Camino Real & Ave. PalizadaEl Camino Real & El Portal El Camino Real & Calle de Los MolinosOutlets at San Clemente (Red-Blue Line Transfer) 1 2
3 4
5 6
7 9

NORTHBOUND - RED LINE
Outlets at San Clemente (Red-Blue Line Transfer)Ave. Vista Hermosa at Via PamplonaMetrolink Station (North Beach)El Camino Real & Calle de Los MolinosEl Camino Real & MariposaEl Camino Real & Ave. Del MarAve. Del Mar & Ola VistaAve. Del Mar & Calle SevilleAve. Del Mar & Ave. GranadaSan Clemente Pier 9 10
8 12
13 14
15 16
16A
1 SOUTHBOUND - RED LINE
STOP #4
Ave Del Mar
Look for
this sign to
find the
Trolley!
• Monday-Friday, 12 noon - 10 pm• Saturday, 10 am - 10 pm• Sunday, 10 am - 8 pm Hours of Operation
ADDITIONAL HOLIDAY SERVICES• Memorial Day: 10 am - 8 pm• Independence Day (July 4): 11 am - 11 pm• Labor Day: 10 am - 8 pm 2022 Trolley Stops
Outlets at San Clemente (Red-Blue Line Transfer)Ave. Vista Hermosa at Via PamplonaMetrolink Station (North Beach)Camino Capistrano & Ave. VaqueroCamino Capistrano & Via BreveCamino Capistrano & Camino Mira CostaCam. Mira Costa & Cam. de Estrella (Dana Point Transfer)Cam. Capistrano & Cam. de Estrella (Dana Point Transfer)Camino Capistrano & Camino Mira CostaCamino Capistrano & Via BreveCamino Capistrano & Ave. VaqueroOutlets at San Clemente (Red-Blue Line Transfer)

NORTHBOUND - BLUE LINE
9 10
8 17
17A
18 19

SOUTHBOUND - BLUE LINE
19 20
21 22
9 Hours/days are subject to change.
8 9
10 21 17

SHOPPING DINING RESTROOMS PARKING
San Clemente PierAve. Del Mar & Calle SevilleAve. Del Mar &Ola VistaEl Camino Real &Ave. Del MarEl Camino Real &Ave. PalizadaEl Camino Real &El PortalEl Camino Real & Calle de Los MolinosMetrolink Station(North Beach)Outlets at San ClementeAve. Vista Hermosa atVia PamplonaEl Camino Real &MariposaCamino Capistrano &Camino VaqueroCamino Capistrano & Via Breve Camino Capistrano & Camino Mira CostaCamino Mira Costa &Camino de Estrella (Transfer) 16 2
15 3
14 4
5 6
12 7
1 13
22 17
20 18
19 A
ATTACHMENT 1
298
Map data ©2023 Google 2000 ft
Explore 101 W Avenida Vista Hermosa
26 min

9.3 miles
via W Avenida Vista Hermosa26 min without tra£c
Restaurants Hotels Gas stations Parking Lots More
Drive 9.3 miles, 26 min Outlets at San Clemente, 101 W Avenida Vista Hermosa, San Clemente, CA 92672 to 101 W Avenida Vista Hermosa, San Clemente, CA 92672
ATTACHMENT 2
299
Map data ©2023 Google 1000 ft
Explore San Clemente Pier
23 min

5.7 miles
via Avenida Victoria23 min without tra£c
Drive 5.7 miles, 23 min San Clemente Pier, California 92672 to San Clemente Pier, California 92672 ATTACHMENT 3
300

AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 2/7/2023 Agenda Item: A.

Department: City Manager
Prepared By Scott Smith, City Attorney
Subject:

PROCEDURES FOR ELECTING COUNCIL OFFICERS AND APPOINTING COMMISSIONERS

AND COMMITTEE MEMBERS
Fiscal Impact:

No fiscal impact is anticipated from this action. It provides the opportunity for an enactment of procedures for the election of Council officers and appointments to City Commissions and Committees.

Summary:

This item provides the City Council the opportunity to enact as Council policy the interpretation of election procedures approved by Council at its January 17, 2023 meeting.

Background:

State law prescribes no particular method for Council’s election of its officers. Government Code section 36801 simply grants the City Council the authority to select the Mayor and Mayor Pro Tempore. The same is true for Council appointments to City Commissions and Committees.

City Council Policy 1201-11 provides that Rosenberg’s Rules of Order shall govern all matters pertaining to parliamentary procedure. However, Rosenberg’s contains little guidance on the election of officers or the appointment of members of City commissions and committees.

At its December 20, 2022 meeting, Council expressed interest in other agencies’ approach to this question. A review of BB&K clients and on-line research revealed that -- among agencies that have adopted written policies on this question-a large majority use the process outlined below, ratified by the Council at its January 17 meeting, and included in this draft Policy. In the wake of Council’s vote to apply these procedures to its 2022 election of officers, the procedures are brought forward in written form for Council to adopt them formally. If adopted, these procedures would apply to future elections and appointments unless amended. This will serve to avoid future confusion in such elections and appointments.

Council Policy prescribes Rosenberg’s Rules of Order as Council parliamentary guidelines, but Rosenberg’s contains scant specific guidance on the conduct of elections. The attached Policy is a simplified version Robert’s Rules of Order, which contains elaborate guidance on elections. The Policy can be summarized as follows: The “vita-voce” method of nomination is an “open nomination” with the vote on potentially several nominees pending at once. No “second” is required for nomination, although Councilmembers may second a nomination to indicate endorsement. Nominees CITY OF SAN CLEMENTE Page 1 of 2 Printed on 2/2/2023
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Meeting Date: 2/7/2023 Agenda Item: A.
are voted on in the order in which they are nominated (note that this is a mere roll-call vote). As soon as one of the nominees receives a vote of the majority of members participating in that round of voting, the chair then declares that person elected to that respective office, and no vote is taken on the remaining nominee(s). When a nominee does not secure the majority votes necessary, the next nominee is voted upon. This procedure continues in succeeding rounds of voting until a nominee receives votes from a majority of the body participating.

Where there are multiple nominees, no votes and abstentions are counted because the intent of a no vote or abstention cannot be ascertained until the vote on all nominees is completed or until one nominee receives votes from a majority of the members, thus mooting the need to vote on the remaining nominees.

This amended Policy will provide an adopted version of the Council’s interpretation of its procedures on January 17. It will amplify Rosenberg’s Rules in an area that currently lacks detail with regard to elections and appointments.

As an alternative to the recommended action below, the Council may wish staff to explore other approaches to election of officers. Some agencies (e.g., the City of Hermosa Beach) use a seniority preference system that assumes the Mayor Pro Tempore will become Mayor. The Council could also instruct staff to draft an election procedure that treats nominations as stand-alone motions/minute orders.

Recommended Actions:

Staff Recommendation
STAFF RECOMMENDS THAT the City Council adopt the Resolution Amending Policy 1201-11 with Regard to Council Elections and Commission and Committee Appointments.

Attachment:

1. Existing Policy and Procedure 1201-11

2. Resolution Amending Policy and Procedure 1201-11
Notification:

None.

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Attachment 1
303
304
305
306
307
308
309
310
311
312
55452.01100\40998495.2
Attachment 2
RESOLUTION NO. _______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, AMENDING CITY
COUNCIL POLICY AND PROCEDURE 1201-11 (COUNCIL

MEETING AND OPERATING PROCEDURES) TO INCLUDE

POLICIES FOR THE ELECTION OF MAYOR AND MAYOR

PRO TEMPORE AND APPOINTMENTS TO CITY

COMMISSIONS AND COMMITTEES
WHEREAS, City Council Policy and Procedure 1201-11 (the “Policy”) contains the policies and procedures for City Council Meetings and Council Operating Procedures, including the election of Mayor and Mayor Pro Tempore; and WHEREAS, Section 4.1.1 of the Policy provides that Rosenberg’s Rules of Order shall guide Council proceedings; and
WHEREAS, Rosenberg’s Rules contain no specific procedures applicable to the nomination and election of Council officers or Council appointments to City Commissions or Committees; and

WHEREAS, the City Council wishes to adopt clear, concise, and simple rules of procedure for these elections and appointments.

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

Section 1. Section 4.2 of City Council Policy 1201-11 is hereby amended to read as shown in Exhibit “A” hereto.

Section 2. Section 4.8 is hereby added to Council Policy 1201-11 to read as shown in Exhibit “A” hereto.

Section 3. The City Clerk Shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

PASSED AND ADOPTED this _____ day of ____________________, _______.

ATTEST:
___________________________ __________________________
City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California
313
55452.01100\40998495.2

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

CITY OF SAN CLEMENTE )
I, Laura Campagnolo, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. _________ was adopted at a regular meeting of the City Council of the City of San Clemente held on the _____ day of January, 2023, by the following vote:

AYES:

NOES:

ABSENT:

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

314
55452.01100\40998495.2
Attachment A
(Amendments to Policy 1201-11)

4.2 Election of Mayor and Mayor Pro Tempore and Council Appointments and Roles of Those Offices

4.2.1 At the first Regular City Council meeting in December of each year, the Council shall elect from its members a
Mayor and Mayor Pro Tempore. The new Mayor and
Mayor Pro Tempore shall assume office immediately
upon election. (Note: Commissions and Committees
shall elect from its members a Chairperson and Vice
Chair at its first regular meeting occurring after Council completes its annual appointment process for
Commission and Committee members and those
members assume office.) The process for electing
Mayor and Mayor Pro Tempore and for electing
Commission and Committee Chairs and Vice-Chairs
shall be as follows:

4.2.1.1 The nomination/election of the Mayor or Chair is conducted by the City Clerk or staff. Once the
new Mayor or Chair is elected, that member of
the Council or body immediately presides and
conducts the vote on Mayor Pro Tempore or
Vice-Chair.

4.2.1.2 The method of nomination in this respect is an
"open nomination" solely by and from within the
membership of the presently-seated City
Council or City body. Nomination cannot be
accepted from members of the public.

4.2.1.3 No "second" is required for nomination,
although sometimes one or more members will
"second" a nomination to indicate endorsement.

4.2.1.4 In no event may any one member nominate
more persons than there are offices to fill in the
respective selection.

4.2.1.5 When it appears that no one else wishes to
make a nomination, the chair of the meeting
asks one (1) final time if there are additional
nominations. If there is a no response, the chair
then declares..."the nomination for Mayor or
Mayor Pro Tempore, Chair or Vice-Chair as
applicable is closed."
315
55452.01100\40998495.2

4.2.1.6 It is unnecessary to have a motion to officially close the nomination; yet, if such a motion is
made, that motion then requires an affirmative
2/3rd vote of the members present [4 or 5]. After
nominations are closed, a majority vote is
required to re-open it.

4.2.1.7 Nominees are voted on in the order in which
they are nominated. As soon as one of the
nominees receives a majority vote of those
members participating in the voting, the Mayor
or Chair then declares that person elected to
that respective office, and no vote is taken on
the remaining nominee(s).

4.2.1.8 Rounds of voting shall continue in succession
until one nominee is elected.

4.2.2 The Mayor and Mayor Pro Tempore shall serve a oneyear term at the pleasure of the Council majority.

4.2.3 The Mayor shall act as the primary spokesperson and official representative of the City Council, unless such responsibility is delegated by the Mayor, or otherwise
assigned by a majority of the City Council.

4.2.4 The Mayor shall preside at all regular, adjourned regular, special and emergency meetings of the City Council,
including joint meetings with commissions and
committees and closed sessions.
* * *

4.8 Nomination and Vote on City Council Appointments to City Commissions and Committees
Council votes on appointments to City Commission and
Committees shall be according to the procedure for election of Mayor and Mayor Pro Tempore set forth in Section 4.2 above. 316

AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 2/7/2023 Agenda Item: B.

Subject:

ELECTION OF MAYOR PRO TEM
CITY OF SAN CLEMENTE Page 1 of 1 Printed on 2/2/2023
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AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 2/7/2023 Agenda Item: C.

Department: Community Development
Prepared By: Sara Toma, Senior Planner
Subject:

INITIATION OF ZONING AMENDMENT TO CHAPTER 16.50 (STATE-MANDATED SUBDIVISIONS) AND CHAPTER 17.86 (STATE-MANDATED RESIDENTIAL PROJECTS) OF THE SAN CLEMENTE MUNICIPAL CODE TO 1) ADD LANGUAGE FOR NON-CONFORMING URBAN LOT SPLITS AND TWO-UNIT PROJECTS AND DISCRETIONARY APPROVAL, 2) REVISE LANGUAGE FOR VERY HIGH FIRE HAZARD SEVERITY ZONES, 3) REVISE ALLEY SETBACK AREA STANDARDS, IN ACCORDANCE WITH CALIFORNIA SENATE BILL 9
Fiscal Impact:

Indirect costs may occur if Long Range Planning work programs that are delayed to process this amendment require expedited processing and consultant costs.

Summary:

On December 20, 2022, the City Council introduced an Ordinance amending Chapters 16.50 and 17.86 of the San Clemente Municipal Code (SCMC) to regulate Urban Lot Splits and Two-Unit Projects in accordance with Senate Bill 9. Prior to and at the hearing, the City Council received public comment requesting modifications to the ordinance. The City Council discussed including the requested changes upon second reading of the ordinance. However, the SCMC requires Planning Commission consideration of a zoning code change prior to City Council review and action. Since the Planning Commission has not considered the proposed changes, the City Council must initiate deliberation of the proposed changes by the Planning Commission before a revised ordinance can come back to the City Council for approval. This item is an initiation of a zoning amendment to consider the modifications presented by the public and discussed at the December 20th City Council meeting.

Background:

At the December 20, 2022 City Council meeting, staff presented an Ordinance amending SCMC Chapters

16.50 and 17.86, to regulate Urban Lot Splits and Two-Unit Projects under SB 9. SB 9 requires cities to: (1) allow any lot in a single-family residential zone to be split, roughly into halves, with resulting lots as small as 1,200 square feet and (2) allow any lot in a single-family residential zone to be developed with up to two primary dwellings. SB 9 requires cities to approve eligible lot splits and two-unit projects ministerially (i.e., without discretionary review, conditions, or a hearing).

Prior to, and at the public hearing, the City Council heard comments requesting the following modifications to the ordinance:
· Nonconforming Urban Lot Splits and Two-Unit Projects: Proposed projects that do not conform to the objective standards set forth in SB 9 Ordinance may apply for a discretionary permit. · Fire Hazard Mitigation Measures: Objective standards under section 16.50.010 E 12. A and

17.86.010 E 8a to be replaced with “the proposed project must comply with Orange County Fire Authority Standards for development in Very High Fire Hazard Severity Zones.” · Alley Setback Area: Notwithstanding any other part of this code, dwellings constructed after Urban CITY OF SAN CLEMENTE Page 1 of 2 Printed on 2/1/2023
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Meeting Date: 2/7/2023 Agenda Item: C.

Lot Splits and Two-Unit Projects must be at least 5 feet from alley right of way lines.

The City’s Zoning Ordinance (SCMC Title 17) requires Planning Commission consideration and recommendation to the City Council on changes to the zoning code under section 17.16.040 (Zoning Amendments). The proposed changes discussed at the December 20 City Council hearing were not considered previously by the Planning Commission in connection with the subject ordinance. Therefore, the City Council can only initiate consideration of the proposed ideas by the Planning Commission before having them come back as a code amendment.

Staff recommends that the City Council proceed with the second reading of the subject ordinance, which will re -codify and update the City’s SB 9 standards established by the Urgency Ordinance in December 2021.

Adopting the subject ordinance will maintain consistency with the City’s Housing Element implementation in accordance with state law. Staff would then process the code amendment addressing public comments as a stand-alone modification for Planning Commission and City Council consideration.

Alternatively, the City Council could delay the recommended action and remand the entire matter to the Planning Commission so that the unrelated matters are considered in unison. This is not recommended because it would cause a delay in our efforts to comply with SB 9 as described above.

Recommended Actions:

Staff Recommendation
Staff recommends that the City Council:

INITIATE A ZONING AMENDMENT TO CHAPTER 16.50 (STATE-MANDATED SUBDIVISIONS) AND CHAPTER 17.86 (STATE-MANDATED RESIDENTIAL PROJECTS) OF THE SAN CLEMENTE MUNICIPAL CODE TO 1) ADD LANGUAGE FOR NON-CONFORMING URBAN LOT SPLITS AND TWO-UNIT PROJECTS AND DISCRETIONARY APPROVAL, 2) REVISE LANGUAGE FOR VERY HIGH FIRE HAZARD SEVERITY ZONES, 3) REVISE ALLEY SETBACK AREA STANDARDS, IN ACCORDANCE WITH CALIFORNIA SENATE BILL 9
CITY OF SAN CLEMENTE Page 2 of 2 Printed on 2/1/2023
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AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 2/7/2023 Agenda Item: D.

Department: City Manager
Prepared By Sean Joyce, Interim City Manager
Subject:

Action Plan Report for Addressing City’s Anti-Camping Code Compliance and Associated Public Property Maintenance Efforts
Fiscal Impact:

The cost of implementing items identified as “immediate” operational action plans can be absorbed within the existing resources of the FY23 budget. The cost of implementing ongoing weekend cleaning at local public “hot spots” by way of amending an existing maintenance contractor’s contract, is estimated at $80,000/yr. It will be presented for City Council policy approval and funding consideration at an upcoming Council meeting in the very near future. More substantive policy decisions with appreciable ongoing fiscal implications (e.g., converting select part-time positions to full-time) will be presented in the context of the draft FY24 budget.

Summary:

Evidenced by staff and City Council personal observations and anecdotal reports, the City’s traditional efforts to keep the City’s beaches, parks, and other public spaces, in tandem with the efforts of Orange County Sheriff’s Department (OCSD) personnel, fall short of our performance expectations of both ourselves and those we serve-residents and business proprietors. Simply put, our deployment of resources leaves inadequate service coverage to satisfactorily keep the public spaces clear of litter, illicit drug paraphernalia, graffiti, illegal camping, clearance of public walkways, etc. It is abundantly clear that additional resources and methods are necessary to reach the level of service that we all desire to care for our beaches, parks, and public property.

Described below is a summary of the resources allocated heretofore to deter and address the deterioration of the quality of life emanating from illegal activity in the referenced public areas and the measures being implemented to bolster those resources to achieve our desired outcome of a safe and beautiful San Clemente that residents and business proprietors reasonably expect from the City.

Discussion:

The City’s lack of adequate resources and/or less-than-optimal assignment of existing resources, particularly (but not limited to) during weekends and holidays, exacerbates the numerous challenges we face in our collective effort to meet community expectations associated with preventing and addressing myriad quality of life issues arising from persistent violations of the City’s anti-camping ordinances. Exacerbating efforts are differing interpretations of Martin v. Boise No. 15-35845 (9th Cir. 2018) present challenges to the City’s efforts to meet community expectations of enforcement, especially to enforce a ban on public camping without a local shelter.

CITY OF SAN CLEMENTE Page 1 of 13 Printed on 2/2/2023
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Meeting Date: 2/7/2023 Agenda Item: D.

Below is a full description of existing efforts, identification of challenges that must be overcome, and an action plan aimed at improving City/OCSD efforts associated with violations of the City’s anticamping ordinances and violations of other ordinances intended to maintain the City’s maintenance and aesthetics at all parks, beaches, and public spaces.

Staff’s public presentation will omit an exhaustive explanation of the existing effort in favor of a description of new efforts being implemented to improve the appearance of our beaches, parks, and public spaces, especially in areas where these is significant and persistent concern.

Existing Enforcement & Management Resources Described (And Recommendations for Addressing Performance Shortfalls)

1. OCSD
a. Staffing level (aka, Strength of Service)
i. 37 deputies divided between 5 shifts throughout the week. Activities include “routine” calls for service, proactive enforcement, traffic enforcement and parking enforcement.

1. 1 deputy assigned as the Behavior Health Liaison primarily handling homeless issues.

2. 2 motor officers.

3. 2 Target Reduction Intervention Prevention deputies (specialized enforcement with focus being on apprehending career criminals).

4. 1 School Resource Officer.

5. 1 Directed Enforcement Team deputy (assigned to a regional Under Cover Team).

6. 4 Civilian Community Services Officers (parking enforcement and traffic collision).
b. Patrol Calls for Service in 2022
i. Over 25,000 calls for service.

1. More than 18,000 assigned calls and more than 6,000 observed activity (car stops, patrol checks, pedestrian checks, etc.) by deputies.

2. Of those calls, more than 3,000 calls (more than 15%) were related to homelessness.
c. Challenges include:
i. Lack of a local shelter and related court judgments and consent decrees hinder OCSD’s ability to enforce anti-camping ordinances. (See Martin v Boise) ii. The volume of calls for service reduces time for patrol checks of problem areas CITY OF SAN CLEMENTE Page 2 of 13 Printed on 2/2/2023
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Meeting Date: 2/7/2023 Agenda Item: D.
ii. The volume of calls for service reduces time for patrol checks of problem areas (north beach and other areas).
iii. OCSD responses to community reports are delayed and ineffective when reports are made long after incident(s) are initially witnessed and/or when the reports are submitted to OCSD indirectly-social media or through City personnel/officials. We encourage residents to report suspicious activity by calling OCSD dispatch as activity is occurring.
d. Immediate Action Plan:
i. Improve coordination with city services, to include posting 24 hour notices on abundance of property, public works to address graffiti removal, power washing unsightly city property i.e. Benches, trash receptacles, sidewalks. ii. Captain Christian is exploring reallocation of resources to address homeless issues specifically, including weekend coverage where we seem to get a lot of the complaints.
iii. Bolster proactive contacts/enforcement/outreach of homeless population by ensuring constant communication with patrol staff and supervisors about the urgent needs of the community
iv. We have established a more direct line of contact between OCSD and Public works, Park Rangers, Code Enforcement by providing contact numbers for deputies in the field to call (business hours, after hours, weekends) regarding:

1. Clean-up of city streets, sidewalks, trash receptacles, utility boxes, etc.

2. Posting notification and collection of homeless property

2. Park Rangers
a. Staffing level:
i. Staffing consists of 6 part-time personnel working 16 to 30 hours/week at hourly wages ranging from $15.00/hr. to $18.24/hr.
ii. Park Rangers are scheduled during work shifts between 4:30 am and 1:00 am, seven days/week.
iii. The major expectations of the Park Ranger program include the following duties, which are consistent with San Clemente court outcomes and settlement agreements:

1. Enforcing SCMC at the parks, beach areas, trails, open spaces, and high fire hazard areas.

2. Parking enforcement at parking lots associated with City facilities, parks CITY OF SAN CLEMENTE Page 3 of 13 Printed on 2/2/2023
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Meeting Date: 2/7/2023 Agenda Item: D.
and beaches.

3. Opening and closing certain beach/park restrooms and park facilities.

4. Clearing beaches after the beach closes to the public at midnight.

5. Addressing unattended personal property, including posting notices, removing items, and storing items at the City Yard.

6. Park Rental/Reservation check-in/check-outs.

7. Monitoring compliance of permit holders on public property (e.g. Citypermitted instructors).

8. Special Event staffing, set-up and tear-down assistance

9. Park patrol and facilities supervision, including monitoring/reporting of maintenance issues and graffiti.

10. Enforcing put-up/take-down provisions for Martin court-mandated public camping.
iv. Typical shifts, staffing, and duties of each shift, are as follows:

1. Morning shift
a. 4:30 am to 10:30 am
b. Staffed by one Park Ranger
c. Duties primarily involve opening western-most park and beach restrooms, and other park facilities, then patrolling the park properties.

2. Midday shift
a. 9:30 am to 4:30 pm
b. Staffed by one Park Ranger
c. Duties include patrolling park properties, the beach, and various City facilities; responding to complaints; posting notices on unattended property where found; removing stored or abandoned property when possible; working with Community Outreach, Code Enforcement, and OCSD staff as necessary to resolve issues or violations of SCMC. Additionally, this shift also provides special event support, and rental/reservation check-in/out.

3. Night shift
a. 5:00 pm to 1:00 am
b. For the night shift, management attempts to staff two Park Rangers, however due to current limitations in staffing, this only CITY OF SAN CLEMENTE Page 4 of 13 Printed on 2/2/2023 powered by Legistar™323
Meeting Date: 2/7/2023 Agenda Item: D.

Rangers, however due to current limitations in staffing, this only occurs four to five days per week, with the remaining night shifts staffed with one Park Ranger.
c. Duties include patrolling park properties, the beach, and various City facilities; responding to complaints; posting notices on unattended property where found; removing stored or abandoned property when possible; working with Community Outreach, Code Enforcement, and OCSD staff, as necessary, to resolve issues or violations of SCMC. After 9:00 pm, this shift primarily focuses on the locking of park and beach restrooms, and other park facilities, and attempts to clear all people from the beach after it closes at midnight.
b. Cleanup Services of Homeless Activity/Encampments on Public Property i. When personal property is found to be unattended or abandoned, the Park Rangers/Code Enforcement staff responds to ascertain the status of the belongings and the process necessary to address the items. Abandoned property is property that by its condition of damage, deterioration, disrepair, nonuse, obsolescence or location causes any reasonable person to conclude that the owner has permanently relinquished all rights thereto. Unattended property is stored property that has signs of ownership, such as packing, stacking, or organizing but is not currently in the vicinity of its owner. ii. For abandoned property, enforcement personnel may remove and immediately discard any abandoned essential and non-essential personal property located on City property without posting a notice either before or after removal. For unattended personal property, there are certain locations in the City, identified as Critical Use Areas, where property may be moved or removed immediately with a post-removal notice. For all other areas, there are determinations that must be made as to the type of belongings (essential vs. non-essential property) which dictate how notices must be provided prior to, and after, removal. Typically, outside of Critical Use Areas, most property found must be posted for 24 hours before enforcement personnel may remove and store the belongings. iii. In cases where unattended personal property or abandoned property can be removed, if the items can be collected and transported by Code Compliance/ Park Ranger staff, they will remove and store them, or discard them. For larger amounts of property, Code Compliance/ Park Ranger staff will coordinate collection and storage, or disposal, with Public Works Maintenance staff. For drug paraphernalia, OCSD should be contacted to determine the proper procedure for dealing with the items. City Code Compliance/ Park Ranger staff is not trained, or outfitted, to deal with the disposal of drug paraphernalia. In the past, the OC Healthcare Agency’s HazMat team has been contacted to address CITY OF SAN CLEMENTE Page 5 of 13 Printed on 2/2/2023
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Meeting Date: 2/7/2023 Agenda Item: D.
past, the OC Healthcare Agency’s HazMat team has been contacted to address such items, otherwise Public Works Maintenance would need to address the disposal of these items.
iv. If items are collected and stored, the City’s policies require that access to essential personal property (tents, blankets, medications, etc.) is provided to the owners of such property within the first 24 hours after collection. Due to this, staff is limited in the days when items may be stored to Mondays through Thursdays, as there is no staff consistently available on Saturdays and Sundays to respond to such requests for access to stored items. c. Challenges Include:
i. We experience ongoing staffing shortages and high turnover due to lack of competitive compensation and limited assigned hours.
ii. It has been a challenge to retain staff long enough to get them trained to qualify for issuance of P.C. 832 certification.

1. P.C. 832 is a California Penal Code and the 40 hour class that is commonly given is the minimum training requirements to be "in law enforcement." This certification is not the complete POST requirements needed to be a full-time officer (that instruction time is 940 hours). PC 832 allows one to issue citations, etc.

2. The advantage(s) of staff possessing P.C. 832 certification include:
a. Having the knowledge, skills, and aptitude to enforce the SCMC effectively on City park and beach property.
b. Enforcement of violations of SCMC that do not typically rise to the level of a felony offense, and augmenting services provided by OCSD.
c. Overall crime is likely to reduce in the parks, beaches, Beach Trail, public City facilities (e.g. Community Center, Senior Center), and their associated parking lots in the presence of enforcement personnel actively engaged at the parks and beaches.
iii. Lack of availability of local shelter beds as both an alternative to unhoused individuals sleeping in public spaces and to provide the requisite impetus for OCSD to take additional anti-camping enforcement measures. d. Immediate Action Plan for Improvement(s):
i. For the next 6 to 8 weeks, Park Rangers will redirect and target efforts at areas of significant concern, such as the beaches, coastal park facilities (areas west of the I-5 freeway), and associated parking lots. This effort, for specific shifts a few days a week, will require Park Rangers to temporarily forego typical park facility patrols and assistance at most of the City’s 33 public parks during such shifts to CITY OF SAN CLEMENTE Page 6 of 13 Printed on 2/2/2023
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Meeting Date: 2/7/2023 Agenda Item: D.
patrols and assistance at most of the City’s 33 public parks during such shifts to provide more time for the Park Rangers to address unattended property and clearing of the beach areas at night. Please note, this approach is not sustainable in the long term, as the underlying staffing shortages, and lack of proper training, would remain. It is the City’s experience that this strategy will likely lead to increased calls for service related to park facilities. However, this approach will allow the Park Rangers to address the issues of primary community-wide concern more frequently in the immediate future. Staff will monitor the impacts of this redirection of efforts and provide our findings for consideration of the Near-Term Action Plan items.
ii. City staff are continuing efforts to recruit, train, and mobilize new Park Ranger staff to cover existing vacancies and assist in patrolling park properties, the beach, and various City facilities; responding to complaints; posting notices on unattended property where found; removing stored or abandoned property when possible; working with Community Outreach, Code Enforcement, and OCSD staff as necessary to resolve issues or violations of SCMC. e. Near-Term Action Plan (FY24 Budget)
i. Enhance Future Staff Resources:

1. Staffing enhancements are necessary to fully develop a Park Ranger program capable of thoroughly addressing SCMC violations on public property. While an increase to the Park Rangers pay would provide benefit in the near future, it is anticipated this improvement alone will not provide long-term retention and development of staff due to the absence of promotional opportunities that exist in the absence of full-time employment. The recurring retention issues experienced by the City’s Park Ranger program would be alleviated by creating positions that allow for promotions of lower-level staff, as well as full-time, benefitted positions. Most of the Park Rangers who have worked for the City in the past three years have indicated a desire to find full-time employment. The following positions are recommended to be considered in the future to improve Park Ranger retention:
a. Create a supervisory Lead Park Ranger position to assist in the day-to-day oversight of the Park Rangers, including supervision of performance of duties, training, and scheduling of shifts. Currently, the Lead Park Ranger is a non-supervisory position paying $17.66 to $21.67.
b. Convert the existing 6 part-time Park Ranger positions, and add two full-time benefitted positions, to create the following Park Ranger Division:
i. Two full-time Park Rangers II

1. This position would be responsible for enforcing
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Meeting Date: 2/7/2023 Agenda Item: D.

1. This position would be responsible for enforcing
SCMC at the parks, beach areas, and trails, parking
enforcement, opening and closing beach/park
restrooms and facilities, clearing beaches after the
beach closes, addressing unattended personal
property, including posting notices, removing and
storing items, and all duties of the Park Ranger I.
ii.Two part-time Park Rangers II (30 Hrs PT)

1. This position would be responsible for the same
duties as the full-time Park Ranger II
iii. Four part-time Park Rangers I (20-30 Hrs PT)

1. This position would be responsible for opening and
closing certain beach/park restrooms and park
facilities, park rental/reservation check-in/check-outs, monitoring compliance of permit holders on public
property (e.g. City-permitted instructors), park patrol and facilities supervision, and Special Event staffing, set-up and tear-down assistance.

3. Code Enforcement
a. Staffing level:
i. Current staffing of Code Enforcement personnel consists of a Senior Code Compliance Officer, a Code Compliance Officer, and a Code Compliance Technician. These positions work 4/10 schedules and cover shifts seven days a week, generally including Monday through Wednesday from 6:30 am to 6:00 pm, Thursdays and Fridays 8:00 am to 1:00 am, with weekend coverage on Saturdays and Sundays from 2:30 pm to 1:00 am.
ii. Two vacant positions, a Code Compliance Officer and a Code Compliance Technician, are currently in the recruitment process.
iii. The Code Compliance Division primarily investigates complaints occurring on private property related to violations of the San Clemente Municipal Code (SCMC), and other laws the division has the responsibility to enforce. Common complaints investigated by Code Enforcement staff are:

1. Unpermitted camping on private property

2. Boarding houses

3. Vacation rentals

4. Blighted properties, lack of maintenance
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Meeting Date: 2/7/2023 Agenda Item: D.

5. Amplified sound

6. Unpermitted special events

7. Unlicensed businesses (Residential and Commercial)

8. Substandard housing

9. Unpermitted residential units

10.Unpermitted storm-drain discharges

11.Commercial signage and banners

12.Unpermitted construction

13.Hoarding

14.Overgrown vegetation/ weeds on private property

15.RV parking on private property
iv. The Code Compliance Officer position currently spends about 15 to 20 hours/week addressing issues related to encampments on private property (i.e. commercial, residential, and open space lots).
v. When resources are available, Code Compliance staff will assist the Park Rangers and Community Outreach Workers to address violations occurring on public property.
b. Immediate Action Plan for Improvement(s):
i. The City is recruiting to fill two Code Enforcement vacancies. Once these positions are filled, the existing Code Compliance Officer will have additional time each week, on a temporary basis, to assist in the enforcement of nuisances occurring at parks and beaches. It is likely this assistance could double the hours per week already devoted to this effort. Furthermore, one of these positions could be staffed to cover weekends to provide additional assistance to the Park Rangers and respond to calls for service on Saturdays and Sundays.

4. Community Outreach Workers
a. Staffing level:
i. The Community Outreach Team (COT) consists of two full-time Community Outreach Workers who work throughout the week, including Saturdays and Sundays during normal business hours.

1. The COT coordinates with the Orange County Sheriff’s Department, Code Compliance staff, and Park Rangers to provide outreach and case CITY OF SAN CLEMENTE Page 9 of 13 Printed on 2/2/2023
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Meeting Date: 2/7/2023 Agenda Item: D.

Compliance staff, and Park Rangers to provide outreach and case management for homeless individuals and families. The COT also provides appropriate resources and referrals for those in need of assistance via its network of outreach partners.

2. The COT connects with partner agencies/organizations in the South Service Planning Area, which is a network of non-profit and data systems to better connect homeless individuals and families with resources.

3. For a typical month, the COT makes contact with approximately 55 homeless individuals on about 280 occasions. Additionally, each month approximately 65-80 hours of case management are provided to assist the homeless in receiving resources and services aimed at ending homelessness and acquiring shelter or housing, when available. In the months of October, November, and December of 2022, the COT assisted 20 individuals in acquiring accommodations off the street (e.g. going to a shelter, reunification with family members, entering assisted living facilities, etc.).

4. The direct resources available for the COT to provide to the homeless are limited to transportation and food/hygiene kits, staff assistance with documentation (i.e. IDs), and referrals for services from outside organizations/agencies.

5. The COT is fully-staffed; additional staffing resources for this function of the Code Compliance Division is not anticipated to result in any measurable gains in the City’s outreach efforts.
b. Immediate Action Plan for Improvement(s):
i. Staff will develop a draft motel voucher program and present it to the City Council for consideration and funding in association with the FY24 budget.

Ideally, such a program would provide an additional anti-camping enforcement tool in cases if/when individuals refuse vouchers.
ii. The additional action items listed for other divisions/agencies (both immediate and near-future) are anticipated to assist the COT in reducing the serviceresistance of individuals when more focus can be placed on addressing the externalities of homelessness, such as enforcement of nuisance activities and clean-up and removal of unattended and abandoned property.

5. Public Property Maintenance and Repairs (Performed by Public Works City staff and Contracted Personnel)
a. Staffing level:
i. There is no existing team dedicated exclusively to attend to public maintenance of public beaches or other public areas (North Beach, etc.). ii. The City retains 3 park landscaping and 1 janitorial contractor, which are CITY OF SAN CLEMENTE Page 10 of 13 Printed on 2/2/2023
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Meeting Date: 2/7/2023 Agenda Item: D.
ii. The City retains 3 park landscaping and 1 janitorial contractor, which are periodically called upon to provide cleanup services of homeless activity/encampments, as requested by Code Compliance.

1. The contractors are available 24/7 and have to respond to an emergency within 1 hour of notification.
iii. On-call, after hours, city staff is also available to respond to emergencies. iv. 2 City employees are always available on-call and can request the help of other employees (up to 6 additional employees) as needed. b. Daily assignments include:
i. Landscaping and janitorial contractors perform routine maintenance of restrooms, parks, beaches, streetscapes and trails, which includes emptying trash receptacles but excludes handling of personal property and clean-up of refuse and damage emanating from encampments. When encampments are encountered in these areas, a Code Compliance officer is contacted to address noticing/inventory of personal property in compliance with applicable laws concerning the care and return of private property.
c. Weekend coverage includes:
i. Weekend coverage is deficient. Contractors are available on-call when city staff makes them aware of a problem.

1. Three landscaping and 1 janitorial contractor are available on weekends and after hours.
ii. The above resources must respond to an emergency call from City staff within 1 hour of notification. On-call after-hours city staff are also available to respond to emergencies.
iii. 2 on-call employees (Facilities and Electrical) at all times and can request the help of other employees (up to 6 additional employees) as needed. d. Challenges include:
i. Encampment cleanups are handled with supplemental funds of base contracts.

This extra funding is already stretched thin addressing special events and emergency issues and was not originally programmed for homeless cleanup.

The average fee for a small encampment cleanup is $500 per occurrence, which is funded from resources meant for managing local City-sponsored community events.
ii. Public Works spends approximately $25,000 annually addressing homeless cleanups. We plan to add this amount to the landscape and janitorial contracts each year to address this issue.

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Meeting Date: 2/7/2023 Agenda Item: D.
e. Immediate Action Plan:
i. Increase funding by $25,000 from within the existing budget for additional on-call contract maintenance.
ii. As soon as February 21 or March 14, present a contract amendment for an existing contractor to be assigned to proactively monitor and address identified trouble spots at and around North Beach each weekend. This cost is estimated to be $80,000/yr.

Summary of Immediate Actions Being Taken

1. To expedite response to calls for service a more direct line of contact has been established between OCSD and Public works, Park Rangers, Code Enforcement by providing contact numbers for deputies in the field to call (business hours, after hours, weekends) regarding:
a. Clean-up of city streets, sidewalks, trash receptacles, utility boxes, etc. b. Posting notification and collection of homeless property

2. To facilitate improved coordination between city staff and OCSD deputies we have implemented bi-weekly status meetings to share information that will benefit collective efforts addressing anti-camping, shelter referral, public safety, and public property maintenance.

These meetings will provide a forum for staff to discuss and identify hot spots and problem areas to collectively find solutions by identifying available resources. The meetings will include a representative from the City Manager’s office, Orange County Sheriff’s Department, Public Works, Code Compliance, and the City’s Outreach Worker.

3. OCSD is exploring reallocation of resources to address homeless issues specifically, including weekend coverage where we receive regular complaints concerning real and perceived violations of the City’s anti-camping ordinance(s).

4. Public Works is soliciting bids for a contract that will allows us to assign weekend crews to proactively monitor identified trouble spots at and around North Beach each weekend. This coverage will fill a void in our service that is not unnoticed.

5. For the next couple of months, Park Rangers will redirect efforts throughout the City’s 33 parks while targeting areas of significant concern, such as the beaches, coastal park facilities (areas west of the I-5 freeway), and associated parking lots. We will monitor the effectiveness of this measure to inform future strategies.

6. During FY budget preparation, staff will evaluate the program and fiscal impacts of converting select part-time positions to full-time positions to increase employee retention and develop area expertise, service continuity, and overall program effectiveness.

7. Staff is recruiting to fill two Code Enforcement vacancies. When filled, the existing Code Compliance Officer will have additional time each week, on a temporary basis, to assist in the enforcement of nuisances occurring at parks and beaches. It is likely this assistance could CITY OF SAN CLEMENTE Page 12 of 13 Printed on 2/2/2023
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Meeting Date: 2/7/2023 Agenda Item: D.
enforcement of nuisances occurring at parks and beaches. It is likely this assistance could double the hours per week already devoted to this effort. One of these positions will be staffed to cover weekends to provide additional assistance to the Park Rangers and respond to calls for service on Saturdays and Sundays.

Recommended Actions:

Staff Recommendation
It is recommended that the City Council receive and file this informational report.

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AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 2/7/2023 Agenda Item: E.

Department: Community Development
Prepared By Cecilia Gallardo-Daly, Community Development Director Subject:

CONSIDER SUBMITTAL OF AN APPLICATION TO THE CALIFORNIA COASTAL COMMISSION AND THE

ARMY CORPS OF ENGINEERS TO AUTHORIZE AN OCEAN CAPABLE DREDGING VESSEL, WITH A

TRAILING SUCTION DEVICE, TO DREDGE A SWATH OF APPROPRIATE SAND QUALITY SEABED

NEAR THE BEACH, AND SIMULTANEOUSLY SPRAY THE SAND ONTO THE ADJACENT BEACHES Fiscal Impact:

Unknown at this time. Compliance with the California Environmental Quality Act (CEQA) and the National Environmental Policy Act (NEPA) will require studies, however, the scope of that analysis is not defined, and therefore the costs are unknown
Summary:

This item is the consideration of an application submittal to the California Coastal Commission (CCC) and the United States Army Corps of Engineers (USACE) to authorize an ocean-capable dredging vessel, with a trailing suction device, to dredge a swath of appropriate sand quality seabed near the beach, and simultaneously spray the sand onto the adjacent beaches.

Background:

At the January 17, 2023 City Council meeting, the City Council agendized consideration of the submittal of an application to the CCC and the USACE to authorize an ocean capable dredging vessel, with a trailing suction device, to dredge a swath of appropriate sand quality seabed near the beach, and simultaneously spray the sand onto the adjacent beaches.

Discussion:

The request is the submittal of an application to the CCC and USACE to authorize a dredge ship to retrieve offshore clean, beach quality, compatible sand deposits in the general area past the surf zone (i.e., seaward of the zone where the waves break) and spray or “rainbow” the material back to the beach. The general concept of rainbow dredging (also referred to as “rainbowing”) is the process in which a dredge ship propels sand reclaimed from the ocean floor (i.e., borrow site) in a high arc to a predetermined location.

On December 20, 2022, the City Council approved a project partnership with the USACE for the San Clemente Shoreline Project. The San Clemente Shoreline Project includes the nourishment of the city beach between Linda Lane and T Street on an approximate 6-year average nourishment cycle over a 50-year period. Phase I will include dredging beach quality sand from offshore the Oceanside Harbor with a hopper dredge and transporting the sand to San Clemente. Approximately 250,000 cubic yards of sand will be placed onto the city beach from Linda Lane to T-Street, encompassing a new beach area of roughly 3,700 feet long by 50 feet wide. The USACE is finalizing plans and CITY OF SAN CLEMENTE Page 1 of 3 Printed on 2/2/2023
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Meeting Date: 2/7/2023 Agenda Item: E.
new beach area of roughly 3,700 feet long by 50 feet wide. The USACE is finalizing plans and specifications for Phase I. The proposed application for a rainbow dredging could augment the San Clemente Shoreline Project.

Rainbowing has various effects and regulatory consideration by different agencies as part of the project’s environmental review under the California Environmental Quality Act (CEQA) and the National Environmental Policy Act (NEPA). In addition to the CCC and USACE, the following agencies would be a part of any such project review and approval:
· United States Environmental Protection Agency (USEPA): The EPA would review the Sampling and Analysis Plan (SAP) to ensure compliance with federal sampling protocols for the borrow site and receiver site. EPA would also review the SAP-R (results of the SAP) to ensure sediments are clean and compatible (grain size) with the receiver beach. · National Oceanic Atmospheric Administration (NOAA), National Marine Fisheries Service (NMFS): Essential Fish Habitat & Critical Habitat Analyses under the Magnuson-Stevens Act, Marine Mammal Protection Act and the Endangered Species Act. Coordination occurs as part of the USACE regulatory permit process.
· United States Fish and Wildlife Service (USFWS): Federal Endangered Species Act Section 7 Consultation/Biological Opinion. Coordination occurs as part of the USACE regulatory permit process.
· California State Lands Commission (CSLC): Lease of State Lands for the borrow site(s) and the beach sand placement site(s).
· California Department of Fish and Wildlife (CDFW): Habitat analyses for the offsite borrow area and the beach sand placement area pursuant to the California Endangered Species Act in coordination with USFWS and NOAA/NMFS. Coordination would occur as part of the CCC and USACE permit processes.
· Regional Water Quality Control Board (RWQCB): Clean Water Act Section 401 Water Quality Permit/Certification regulating discharges of dredged or fill material to waters of the State.

Coordination would occur as part of the CCC & USACE permit processes. · California State Parks (State Parks): Right of Entry Permit if any staging or construction occurs within a State Park/State Beach.

Environmental Review
The City conducted an environmental review of the proposed action to file an application for rainbow dredging with the CCC and USACE for compliance with the California Environmental Quality Act (CEQA) and the State CEQA Guidelines. The filing of an application to the CCC and USACE for rainbowing does not constitute a “project” as defined by the State CEQA Guidelines (Cal. Code Regs., Title 14, § 15000 et seq.). The filing of an application does not commit the City to a specific project. The City would gain information from the submittal of an application to the CCC and USACE that will be used to inform a defined project scope, including necessary analyses and studies, and environmental review. Because the request is not a “project” per CEQA, it is not subject to further CITY OF SAN CLEMENTE Page 2 of 3 Printed on 2/2/2023
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Meeting Date: 2/7/2023 Agenda Item: E.
environmental review. Because the request is not a “project” per CEQA, it is not subject to further environmental review.

Information is needed from these permitting agencies in order to inform the project parameters, including applicable environmental review. Once feedback from the permitting agencies is received, staff will return to the Council for authorization to proceed with a project and the necessary studies, including environmental review.

Under CEQA, the City of San Clemente is the lead agency on the project. A lead agency is the public agency that has the principal responsibility for carrying out or approving a project that is subject to CEQA. Therefore, before the City Council could take action to approve a rainbowing project, CEQA and NEPA review would be required, including the analysis of alternatives to lessen any environmental impacts.

Recommended Actions:

Staff Recommendation

1. Determine submittal of application to the California Coastal Commission and the United States Army Corps of Engineers for rainbow dredging is not subject to CEQA because it does not constitute a “project” as defined by the State CEQA Guidelines; and

2. Provide direction to staff as to the City Council’s desire to submit an application to the California Coastal Commission and United States Army Corps of Engineers for rainbow dredging approval.

Attachment:

None.

Notification:

None.

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AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 2/7/2023 Agenda Item: F.

Subject:

DISPLAY OF PHOTOGRAPHS AND OTHER WORKS AT CITY HALL
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AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 2/7/2023 Agenda Item: G.

Subject:

CONSIDERATION OF TAKING MINUTES IN CLOSED SESSION
CITY OF SAN CLEMENTE Page 1 of 1 Printed on 2/2/2023
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AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 2/7/2023 Agenda Item: (1)
Department: City Clerk
Prepared By: Laura Campagnolo, City Clerk
Subject:

UPDATE TO COUNCIL APPOINTEES TO REGIONAL COMMITTEES, COMMISSIONS AND CITY

COUNCIL SUBCOMMITTEES
Fiscal Impact:

None.

Summary:

Each year, Council updates its appointees to regional committees, commissions and boards. The current list of appointees is attached. Staff recommends that Council update its regional appointments at this time. It should be noted that at its December 20, 2022 meeting, Council appointed Mayor Duncan to the Orange County Fire Authority (OCFA) Board, and, per the Joint Powers Agreement with the OCFA, Resolution No. 22-49 was adopted confirming that appointment.

At its meeting of January 17, 2023, Council appointed Councilmember Enmeier to the Southern California Association of Governments (SCAG) with Councilmember Cabral appointed as the alternate.

At its December 6, 2022 City Council meeting, Council requested a review of Council subcommittees be discussed to determine whether to dissolve old subcommittees, create new subcommittees, and/or reassign Councilmembers to various subcommittees. The current list of City Council subcommittees is attached for Council consideration.

City Council considered an amphitheater in 2008 and discussed an amphitheater and committee on August 16, 2022 (Attachment 3). At its meeting of September 6, 2022, Council voted on a 3-2 vote (Councilmember Duncan and Councilmember Ward dissenting) to establish a Citizens Subcommittee to further analyze the feasibility of an amphitheater. Each Councilmember was to appoint a citizen to participate on the subcommittee. To date, two Councilmembers have appointed a citizen to the subcommittee. Staff recommends that Council make a determination whether or not to move forward with establishing the Citizens subcommittee to analyze the feasibility of an amphitheater. If Council determines to establish a citizen’s subcommittee, each Councilmember would appoint a citizen, and notify the City Clerk of that appointment.

Recommended Actions:

Staff Recommendation

1. Update Councilmember appointments to various regional committees, commissions and CITY OF SAN CLEMENTE Page 1 of 2 Printed on 1/27/2023
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Meeting Date: 2/7/2023 Agenda Item: (1)

1. Update Councilmember appointments to various regional committees, commissions and boards.

2. Update Councilmember appointments to various City Council subcommittees and dissolve old subcommittees.

3. Determine whether to establish a citizen’s subcommittee to analyze the feasibility of an amphitheater. If it is determined to establish a citizen’s subcommittee, each Councilmember will appoint a citizen, and notify the City Clerk of that appointment.

Attachment:

1. Listing of 2022 Council Appointed Representatives to Committees, Commissions and Boards.

2. Listing of Council Subcommittees.

3. August 16, 2022 City Council Agenda Report
Notification:

None.

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2022 COUNCIL APPOINTED REPRESENTATIVES

TO COMMITTEES, COMMISSIONS AND BOARDS
Committee/Commission/Board Location Meeting
Date(s)
Representative(s) Compensation
Capistrano Unified School District
Liaison Committee
Ferguson and Duncan No
Coastal Animal Services Authority
(CASA)
Animal
Shelter
San
Clemente
3 rd Monday,
5:30 p.m.

Bi-monthly
James/Ward (Alt.) No
Community Engagement Panel Varies Quarterly
(dates vary)
Duncan/Ferguson (Alt.) No
Conservancy (Elected/Appointed
Representative to Friends of the
Reserve Commission)
Knoblock/Duncan (Alt.)
The City's “At Large”
position is vacant.

The Talega HOA
Representative is
Laurie Gooch (term
expires June 30, 2020).

The At-Large and
Talega Representative
positions will not be
filled until CM Knoblock
reports to Council with
regard to the Friends’
inactivity.

No
Chamber of Commerce – Economic
Development
City Hall
Conference
Room
As Set James/Duncan (Alt).

Note: The Mayor will
continue to attend
ribbon-cutting
ceremonies.

No
Downtown Business Association –
Economic Development
As set Duncan/James (Alt). No
Emergency Operational Area Council
(Orange County)
Mayor and Mayor Pro
Tem
No
Fire Authority (Orange County) OCFA
Boardroom, 1
Fire Authority
Road, Irvine
4 th Thursday
of every
other month
at 6:30 p.m.

Duncan (appointed by
Council at its
December 20, 2022
City Council meeting).

Yes ($100 per
meeting with
maximum of $300
per month).

Special notes: This
appointment must
be made by
resolution.

Alternates were
discontinued in
2015.

Historic Preservation Ad Hoc
Committee
TBD TBD Ferguson/Ward (Alt.) No
Insurance Authority (California Joint
Powers Insurance Authority)
La Palma 4
th
Wednesday,
4:30 p.m.

James Yes, $100 per
year.

Investment Advisory Committee Ocean View
Conf. Room
Quarterly,
6:00 p.m.

Last Monday
of the month
Knoblock No
Legislative Delegate Program -
Representative to Senate District 36
Mayor and Mayor Pro
Tem
No
ATTACHMENT 1
340
Legislative Delegate Program -
Representative to 74th Assembly
District
Mayor and Mayor Pro
Tem
No
Library Task Force (Orange County) Tustin Library Quarterly, 4th Thursday,
4:00 p.m.

James No
Mayors (South Orange County
Association of Mayors)
Rotating
Cities
2 nd
Thursday,
7:30 a.m.

Mayor No
U.S. Marine Corps Liaison Duncan No
MWDOC Interaction of Elected
Officials
Knoblock/Ferguson
(Alt.)
No
Nine South County Water Agencies
(This is the name of a group that
consists of nine South Orange County
water agencies).

Moulton
Niguel Water
District Office
No regular
meetings,
but usually
held at noon
on
Wednesdays
(such as the
fourth
Wednesday
of the
month).

Knoblock/Ferguson
(Alt.)
No
OCTA Transportation Planning
Workshops
Ward and Public Works
Director
No
Sand Replenishment Project Knoblock No
SCAG General Assembly Annual
Meeting in
May
Enmeier/Cabral
(appointed by Council
at its January 17, 2023
meeting)
No
Social Service/Community Service
Budget Committee
James No
South Orange County Watershed
Management Area Executive
Committee
Knoblock/James (Alt.)
(Council can appoint
Staff as an alternate)
No
Toll Road Subcommittee Ward and James
Vector
(Orange County Mosquito and Vector
Control Board)
District
Office,
Garden
Grove
3 rd
Thursday,
3:00 p.m.

Knoblock (term expires
January 2024)
Yes ($100 per
month)
Wall of Recognition Ward No
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Subcommittee List
Name Date Active Council Member Appointed Staff Recommendation / Notes Design Review Subcommittee 10-16-2007 YES
None; members are Planning Commissioners per SCMC 2.32.020.E No action Urban Design Downtown Visioning
Subcommittee 2004 No Anderson and Dorey on 3-30-2004
Dissolve because the Downtown Vision and Strategic Plan was completed in August 2005.

Dog Access Subcommittee 7-14-2009 No None. Members are BPR Commissioners.

Subcommittee presented findings to BPR Commission in 2011.

Beach Trail Subcommittee 7-14-2009 No None. Members are BPR Commissioners.

Disbanded by BPR Commission on June 11, 2013
Courtney's Sand Castle
Subcommittee 2010 No
Dissolve because the park is complete and the nonprofit dissolved in 2022.

GPAC Subcommittees (1. Arts &
Culture; 2. Dark Skies; 3. Historic
Preservation; 4. Tree Preservation;

5. Technology; 6. Permaculture ) 2011 No
Dissolve because the Genereal Plan was adopted in 2014.

Sports Partnership Subcommittee 12-18-2012 ?
Parking - Commercial Subcommittee 7-16-2013 ?
Currently staffed by city staff (Community Development) San Clemente Hospital
Subcommittee 10-21-2014 YES James & Duncan (1-18-22)
Subcommittee directed staff to postpone healthcare update.

Initiative Petition for Election of City
Council Members by District
Subcommittee 8-20-2016 Tim Brown & Chris Hamm
Dissolve because elections results were declared on December 4, 2018 "Ad-Hoc" Subcommittee - Train
Horn Gene James & Chris Duncan (12-15-20)
Request for Audit of Legal Bills
Subcommittee 9-15-2020 Gene James & Kathy Ward (9-15-20) Council received and filed the report on June 15, 2021
Toll Road (Transportation)
Subcommittee 1-20-2017 Gene James & Kathy Ward (1-18-22) ATTACHMENT 2
342
Community Choice Energy
Subcommittee 10-19-2021 YES Gene James & Chris Duncan 10-19-21 Dissolve because item was tabled by Council on July 19, 2022 Human Trafficking Subcommittee
Last reported at CC Mtg on 3-1-22 Yes Gene James & Chris Duncan Arguments in Favor of Filing
Treasurer and City Clerk by
Appointment Subcommittee June 2022 Chris Duncan & Kathy Ward Dissolve because elections results were declared on December 6, 2022 Amphitheater Citizens Committee August 2022
Each Councilmember to appoint one member
Recruitment of Interim City Manager
- Subcommittee August 2022 Mayor and Mayor Pro Tem
Dissolve because Interim CM was appointed on September 6, 2022 Homeless Subcommittee January 2023 YES Victor Cabral and Mark Enmeier Sucommittee formed at January 17, 2023
City Council meeting
343
ATTACHMENT 3
344
345
346
347
348

AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 2/7/2023 Agenda Item: (2)
Subject:

Request to Support SB44 (Umberg): Controlled Substances CITY OF SAN CLEMENTE Page 1 of 1 Printed on 1/31/2023
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City Hall ● 910 Calle Negocio, San Clemente CA 92673 ● (949) 361-8200 ● www.san-clemente.org

OFFICE OF THE MAYOR

AND CITY COUNCIL
Chris Duncan
Mayor
Steve Knoblock
Mayor Pro Tem
Victor Cabral
Mark Enmeier
Gene James

INTERIM CITY MANAGER
Sean Joyce
910 Calle Negocio
San Clemente, CA 92673
Phone: (949) 361-8200
“The Spanish Village
by the Sea”
January 31, 2023
The Honorable Thomas J. Umberg
1021 O Street, Room 6530
Sacramento, CA 95814
Re: Support for SB 44 (Umberg)
Dear Senator Umberg:

On behalf of City of San Clemente, we write in support of your bill, Senate Bill 44, also known as Alexandra’s Law, which will establish the California Fentanyl Admonishment – an important tool to help law enforcement in the prosecution of fentanyl trafficking and related deaths.

Fentanyl is a synthetic opioid 100 times more potent than morphine. It can be found in methamphetamine, cocaine, heroin, and vaping products, as well as counterfeit pharmaceutical pills such as Xanax, Percocet, hydrocodone or Oxycodone among others.

Statistics show the opioid crisis has significantly worsened since fentanyl entered the illicit drug market. Specifically, fentanyl was the number one cause of death last year for people ages 18-45, outpacing suicides, automobile accidents, and COVID-19. Fentanyl causes a fatality approximately every 7-8 minutes, and is linked to 64% of total drug fatalities in 2021.

In California, Driving Under the Influence (DUI) offenders are read an advisory in court to inform them that repeated offenses resulting in death can be charged as manslaughter or murder. SB 44 models this platform by establishing a statewide Fentanyl Admonishment to be issued to fentanyl dealers and traffickers who actions result in death.

San Clemente is proud to support SB 44 (Umberg/Ochoa Bogh), Alexandra’s Law, in an effort to provide justice to thousands of California families and deter those who deal deadly drugs from continuing to do so. We know this law will add an important tool for counties and agencies grappling with our opioid epidemic.

Sincerely,
Chris Duncan
Mayor
CELEBRATING 90 YEARS OF INCORPORATION
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