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 21, 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 21, 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: 2
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) Case Name: City of San Clemente v. Emergency Shelter Coalition, et al.
Orange County Superior Court Case Number: 2020-01153535-CU-EI-CXC B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation pursuant to Government Code section 54956.9(d)(4) Number of Cases: 1
C. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code section 54956.9(d)(2) Number of Cases: 1
D. PUBLIC EMPLOYEE APPOINTMENT
Pursuant to Government Code section 54957
Title: City Attorney
BUSINESS MEETING (6:00 P.M.)
CALL TO ORDER
INVOCATION – Lead Pastor Mark Ambrose, Pacific Coast Church San Clemente
PLEDGE OF ALLEGIANCE
ROLL CALL
1. Special Presentations
A. January Update on the Homeless Issue
B. PierPride - Bird Netting Donation
Presentation by Amber Gregg, representing PierPride, concerning an update on PierPride events and achievements and presentation of funds for bird deterrent netting under the pier.
2 City Council Regular Meeting Agenda February 21, 2023
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
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 FEBRUARY 7, 2023.
B. Commission/Committee Minutes
Staff Recommendation:
Receive and file the following:
(1) HUMAN AFFAIRS COMMITTEE REGULAR MEETING MINUTES OF
JANUARY 24, 2023.
(2) ZONING ADMINISTRATOR REGULAR MEETING MINUTES OF
FEBRUARY 9, 2023.
3 City Council Regular Meeting Agenda February 21, 2023 C. Warrant Register
(1) APPROVE WIRE TRANSFER NOS.
2791 THROUGH 2795 AND WARRANT NOS.
586127 THROUGH 586286, PAID ON
2-3-23, IN THE AMOUNT OF $1,939,361.95
(2) APPROVE WIRE TRANSFER NOS.
2796 THROUGH 2801 AND WARRANT NOS.
586287 THROUGH 586400, PAID ON
2-10-23, IN THE AMOUNT OF $3,268,767.36
TOTAL WARRANT REGISTER $5,208,129.31
Payroll Register
WARRANT NOS. 895 THROUGH 896,
AUTOMATIC DEPOSIT ADVISES 83786
THROUGH 84046, FOR THE PERIOD
1-23-23 THROUGH 2-5-23, PAID
ON 2-10-23, IN THE AMOUNT OF $429,059.72
TOTAL PAYROLL REGISTER $429,059.72
D. CONTRACT AMENDMENT - SENIOR MOBILITY PROGRAM
Staff Recommendation
Approve, and authorize the Mayor to execute, Amendment No. 1 to Contract No.C18-37, by and between the City of San Clemente and California Yellow Cab. This amendment extends the term of the contract for two years, to expire August 21, 2023.
E. CONTRACT AMENDMENT AND SUPPLEMENTAL BUDGET
APPROPRIATION FOR TREE MAINTENANCE
Staff Recommendation
1. Approve a supplemental budget appropriation in the amount of $50,000 to the Maintenance of Trees Account No. 001-633-43426.
2. Approve, and authorize the City Manager to execute, Amendment No. 1 to Contract C21-10, by and between the City of San Clemente and West Coast Arborists, Inc. This amendment increases the contract amount from $1,305,000 to $1,355,000 (an increase of $50,000).
4 City Council Regular Meeting Agenda February 21, 2023 F. NOTICE OF COMPLETION - WATER RECLAMATION PLANT (WRP)/SLUICE
GATE REPLACEMENT
Staff Recommendation
1. Accept the WRP/Sluice Gate Replacement, from the contractor, Innovative Construction Solutions, CIP Project 26212.
2. Authorize the Public Works Director/City Engineer to execute and record, the Notice of Completion for the WRP/Sluice Gate Replacement.
3. Authorize the City Clerk to release the payment bond 35 days from the recordation of the Notice of Completion upon verification with the Engineering Division that no liens have been levied against the contractor, Innovative Construction Solutions.
G. APPROVAL OF AN ADDITIONAL SERVICES AGREEMENT - AUTOMATIC
LICENSE PLATE READERS AND SERVICES
Staff Recommendation
Approve, and authorize the City Manager to execute, an Additional Services Agreement (Contract No. C22-37), by and between the City of San Clemente and Flock Group, Inc., providing automatic license plate readers and services, in the amount of $219,700.
H. CONTRACT AWARD - WATER & WATER RECLAMATION ELECTRICAL INFRASTRUCTURE ARC FLASH STUDY.
Staff Recommendation
Approve, and authorize the Utilities Director to execute, Contract No. C23-09, by and between the City of San Clemente and Electrical Safety Specialists, LLC., providing for a Water & Water Reclamation Infrastructure Arc Flash Study, in an amount not to exceed $54,802.
5 City Council Regular Meeting Agenda February 21, 2023 I. NOTICE OF COMPLETION - CITYWIDE CATCH BASINS REHABILITATION Staff Recommendation
1. Accept the Citywide Catch Basins Rehabilitation, from the contractor, Cheloletty Engineering, CIP Project No. 21001.
2. Authorize the Public Works Director/City Engineer to execute and record, the Notice of Completion for the Citywide Catch Basins 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, Cheloletty Engineering.
J. PURCHASE OF POLICE SERVICES FLEET VEHICLE TO REPLACE FLEET VEHICLE NUMBERS 2010 & 2072
Staff Recommendation
1. Approve the purchase of a 2024 Chevrolet Express van from Winner Chevrolet from the Fleet Replacement Reserve for replacement of Fleet vehicle numbers 2010 & 2072.
2. Authorize a supplemental appropriation in the amount of $12,605 to the Fleet Automotive Equipment Account No. 065-824-45600 from the Fleet Replacement Fund balance.
K. CONTRACT AMENDMENT - MAINTENANCE SERVICES AGREEMENT WITH
ED STEWART AND ASSOCIATES FOR INSPECTION AND CLEANUP OF
ABANDONED PROPERTY AND REFUSE
Staff Recommendation
Approve, and authorize the City Manager to execute, Amendment No. 1 to Contract No. AC-1126, by and between the City of San Clemente and Ed Stewart and Associates, Inc.
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.
None.
6 City Council Regular Meeting Agenda February 21, 2023
8. Unfinished Business
None.
9. New Business
None.
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.
11. Reports
A. Commissions and Committees
B. City Manager
C. City Attorney
D. Council Members
E. Council Subcommittee Updates
12. Adjournment
Adjourn to an Adjourned Regular meeting to be held on February 28, 2023 at 4:00 p.m. for the purpose of conducting the Long Term Financial Plan Workshop.
The next Regular Council Meeting is scheduled to take place on March 7, 2023. Closed Session will begin at 5:00 p.m. and the Regular Business Meeting will begin 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.
7 City Council Regular Meeting Agenda February 21, 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.
8 AGENDA REPORT
CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 2/21/2023 Agenda Item: (1)
Subject:
APPROVE THE CITY COUNCIL REGULAR MEETING MINUTES OF FEBRUARY 7, 2023.
CITY OF SAN CLEMENTE Page 1 of 1 Printed on 2/15/2023
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CITY OF SAN CLEMENTE
Tuesday, February 7, 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 February 7, 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 STAFF PRESENT: Sean Joyce, Interim City Manager; Scott Smith, City Attorney; Laura Campagnolo, City Clerk; Megan Jimenez,
Deputy City Clerk
CLOSED SESSION
Concerned Resident, San Clemente, narrated a Powerpoint presentation concerning City Attorney Smith. A hard copy of the presentation is on file with the City Clerk.
AQ expressed concern regarding City Attorney Smith and legal interpretations.
City Attorney Smith announced that he will recuse himself on Closed Session Item B due to a financial interest.
Motion by Councilmember James, second by Councilmember Cabral, CARRIED 5-0, to recess at 5:08 p.m. to Closed Session 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. PUBLIC EMPLOYEE APPOINTMENT
Pursuant to Government Code Section 54957
Title: City Attorney
10 City Council Regular Meeting Minutes February 7, 2023 AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None
BUSINESS MEETING
Council reconvened at 6:02 p.m. with all Councilmembers present.
INVOCATION
Pastor Jared Powell, Paradigm Church, gave the invocation.
PLEDGE OF ALLEGIANCE
Orange County Fire Authority Division Chief Cheyne Maule led the Pledge of Allegiance.
1. Special Presentations
None.
2. Oral Communications (Part 1)
AQ narrated a Powerpoint presentation entitled "Long Range Transportation Plan (LTRP) Draft 2045". A hard copy of the presentation is on file with the City Clerk.
Raf Batista, Circuit Micro-Transit, spoke on an electric vehicle on demand app and available grants for the program.
Rick Loeffler narrated a Powerpoint presentation concerning campaign donations received by Mayor Pro Tem Knoblock. A hard copy of the presentation is on file with the City Clerk.
Cord Bauer spoke on campaign donations received by Mayor Pro Tem Knoblock.
Lisa Edone commented on campaign donations received by Mayor Pro Tem Knoblock and the upcoming vote for Mayor Pro Tem.
Sandra Weaver, San Clemente, spoke on the 70th anniversary of the Cabrillo Playhouse and past productions.
Suzie Whitelaw, Save our Beaches San Clemente, narrated a Powerpoint presentation concerning beach erosion. A hard copy of the presentation is on file with the City Clerk.
George Gregory, San Clemente, opined that the municipal code relating to storage of items in/on vehicles is discriminatory.
11 City Council Regular Meeting Minutes February 7, 2023 Concerned citizen, San Clemente, commented on Council direction regarding the prioritization of pickleball courts at Richard T. Steed Memorial Park.
Juan Gonzalez, So-Cal Gas, spoke on natural gas bills received by the community and resources for payment assistance.
Cabrillo Playhouse Commendation
Motion by Councilmember James, second by Mayor Duncan, CARRIED 5-0, to recognize the Cabrillo Playhouse at the February 21, 2023 City Council meeting with a commendation in celebration of their 70th anniversary.
AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None
Review of Municipal Code - Commercial Vehicle Parking
Mayor Pro Tem Knoblock, with the support of Councilmember Cabral and Councilmember Enmeier, agendized consideration of municipal code section
10.28.230 (Ordinance No. 1483) - Parking time for commercial vehicles, recreational vehicles, trailer and trailer-mounted boats on City streets and alleys subsection A.
3. Motion waiving reading in full of all Resolutions and Ordinances Motion by Mayor Pro Tem Knoblock, second by Councilmember Enmeier, 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.
5. Closed Session Report - City Attorney
City Attorney Smith announced that Council took no reportable action during this evening's Closed Session.
6. Consent Calendar
Item 6C(2) was removed from the Consent Calendar for discussion.
12 City Council Regular Meeting Minutes February 7, 2023 A. City Council Minutes
Motion by Councilmember James, second by Mayor Pro Tem Knoblock, CARRIED 5-0, to:
(1) APPROVE THE CITY COUNCIL REGULAR MEETING MINUTES OF JANUARY 17, 2023.
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) 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.
AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None
C. Warrant Register
Motion by Councilmember James, second by Mayor Pro Tem Knoblock, CARRIED 5-0, to:
(1) APPROVE WIRE TRANSFER NOS.
2782 THROUGH 2786 AND WARRANT NOS.
585727 THROUGH 585877, PAID ON
1-13-23, IN THE AMOUNT OF
(3) APPROVE WIRE TRANSFER NOS.
2787 THROUGH 2790 AND WARRANT NOS.
586001 THROUGH 586126, PAID ON
1-27-23, IN THE AMOUNT OF
TOTAL WARRANT REGISTER
$5,524,086.15
$1,013,598.66
$7,284,523.29(Total
includes 6C(2) on
page 9.
AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None
13 City Council Regular Meeting Minutes February 7, 2023 Payroll Register
Motion by Councilmember James, second by Mayor Pro Tem Knoblock, CARRIED 5-0, to:
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
TOTAL PAYROLL REGISTER
$449,430.88
$892,437.36
AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None
D. RESOLUTION TO AMEND GOLF COURSE FEES FOR PLAY UPON THE
MUNICIPAL GOLF COURSE
Motion by Councilmember James, second by Mayor Pro Tem Knoblock, CARRIED 5-0, to 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.
AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None
E. MEMORANDUM OF UNDERSTANDING (MOU) - GOLF COURSE BLOCK TEE
TIME RESERVATION FOR SAN CLEMENTE EXCHANGE CLUB
Motion by Councilmember James, second by Mayor Pro Tem Knoblock, CARRIED 5-0, to 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.
AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None
14 City Council Regular Meeting Minutes February 7, 2023 F. FEE WAIVER REQUEST - SAN CLEMENTE WELLNESS AND PREVENTION
CENTER FAMILY FEST SPECIAL EVENT PERMIT
Motion by Councilmember James, second by Mayor Pro Tem Knoblock, CARRIED 5-0, to 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.
AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None
G. CONTRACT AWARD - AVENIDA MONTALVO CANYON AND TRAIL
IMPROVEMENT
Motion by Councilmember James, second by Mayor Pro Tem Knoblock, CARRIED 5-0, to:
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.
AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None
H. CONTRACT AMENDMENT - DELIVERY OF 12.5% SODIUM HYPOCHLORITE.
Motion by Councilmember James, second by Mayor Pro Tem Knoblock, CARRIED 5-0, to 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).
AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None
15 City Council Regular Meeting Minutes February 7, 2023 I. NOTICE OF COMPLETION - CYPRUS SHORE SEWER LINING
Motion by Councilmember James, second by Mayor Pro Tem Knoblock, CARRIED 5-0, to:
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.
AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None
J. RATIFICATION OF EMERGENCY PURCHASES AND SUPPLEMENTAL
FUNDING FOR CYPRUS SHORE PUMP STATION EMERGENCY OPERATION Motion by Councilmember James, second by Mayor Pro Tem Knoblock, CARRIED 5-0, to:
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.
AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None
16 City Council Regular Meeting Minutes February 7, 2023 K. ACCEPTANCE OF EMERGENCY ACCESS EASEMENT LOCATED AT 501 AND 515 AVENIDA VAQUERO-SHORECLIFFS SENIOR APARTMENTS AND
SHORECLIFFS GOLF COURSE
Motion by Councilmember James, second by Mayor Pro Tem Knoblock, CARRIED 5-0, to:
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.
AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None
L. CONTRACT AWARD - RICHARD T. STEED PARK SLOPE EROSION
REPAIRS
Motion by Councilmember James, second by Mayor Pro Tem Knoblock, CARRIED 5-0, to:
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.
AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None
17 City Council Regular Meeting Minutes February 7, 2023
ITEMS REMOVED FROM THE CONSENT CALENDAR FOR DISCUSSION
6C(2) APPROVE WARRANT NOS.
585878 THROUGH 586000, PAID ON
1-20-23, IN THE AMOUNT OF $746,838.48
AQ expressed concern on warrant item 585916 related to Mayor Duncan's travel expenses regarding his trip to Washington D.C. to attend the Mayor's Conference.
Motion by Mayor Pro Tem Knoblock, second by Councilmember Cabral, CARRIED 5-0, to approve:
Warrant Nos. 585878 through
586000, paid on 1-20-23,
in the amount of
AYE:
NOE:
$746,838.48
Cabral, Enmeier, James, Knoblock and Mayor Duncan
None
7. Public Hearings
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.
Councilmember Cabral disclosed prior to the Council initiated review of the Minor Conditional Use Permit 22-197 that he had shopped at Primo Foods Beer and Wine on two occasions.
Councilmember James disclosed that he has been to Primo Foods Beer and Wine; discussed parking concerns with the developer of the adjacent town homes, David Gutierrez; had a meeting with the applicant, applicants counsel and City staff.
Mayor Duncan disclosed that he has not been to the establishment but has driven past Primo Foods Beer and Wine.
Mayor Pro Tem Knoblock disclosed he has not been to Primo Foods Beer and Wine but has driven past the establishment; had a brief conversation with the
18 City Council Regular Meeting Minutes February 7, 2023 adjacent town home developer, David Gutierrez, regarding parking concerns.
Councilmember Enmeier reported that he has not been to Primo Foods Beer and Wine since it has been open.
Assistant Planner Coury narrated a Powerpoint presentation entitled "Primo Foods Beer & Wine MCUP 22-197" and responded to Council inquiries. A hard copy of the presentation is on file with the City Clerk.
Mayor Duncan opened the Public Hearing.
Joseph Stine, counsel for the applicant, and Sam Assi, owner of Primo Foods Beer and Wine, presented on business operations, sales of beer and wine and concerns relating to parking and responded to Council inquiries.
David Gutierrez, San Clemente, expressed concerns regarding parking, distributed photographs to the Council and responded to Council inquiries. A hard copy of the photographs are on file with the City Clerk.
Karen Conley spoke in support of the Minor Conditional Use Permit for Primo Foods Beer and Wine.
Thor Johnson, San Clemente, spoke in support of Primo Foods Beer and Wine.
There being no others desiring to speak, Mayor Duncan closed the Public Hearing.
Following discussion, motion by Mayor Duncan, second by Councilmember Enmeier, FAILED 2-3, to 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.
AYE: Enmeier and Mayor Duncan
NOE: Cabral, James and Knoblock
19 City Council Regular Meeting Minutes February 7, 2023
REORGANIZATION OF AGENDA
Motion by Councilmember James, second by Mayor Duncan, CARRIED 5-0, to hear item 9F - Display of Photographs and Other Works at City Hall after 7B - Billing for 2022 Weed Abatement Program. Please see page 17 of these minutes for a summary of the action.
AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None
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.
Deputy Community Development Director Atamian reviewed the contents of the Administrative Report and responded to Council inquiries.
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 Mayor Duncan, CARRIED 5-0, to:
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.
AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None
MEETING RECESS
Meeting recessed at 8:02 p.m., Council reconvened at 8:10 p.m. with all Councilmembers present.
20 City Council Regular Meeting Minutes February 7, 2023
8. Unfinished Business
A. CONSIDERATION OF PILOT “GREEN LINE” TROLLEY ROUTE
Economic Development Officer Lightfoot narrated a Powerpoint presentation entitled "Trolley Pilot: 'Green Line'" and responded to Council inquiries. A hard copy of the presentation is on file with the City Clerk.
Donna Vidrine, San Clemente, spoke in support of the southern trolley route.
Motion by Councilmember James, second by Councilmember Cabral, CARRIED 5-0, to:
1. Establish the operating timeframe of March 11 through May 21, 2023 on Saturdays and Sundays for the pilot “Green Line” Trolley.
2. Directed staff to pursue the modified (linear) 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.
AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None
9. New Business
A. PROCEDURES FOR ELECTING COUNCIL OFFICERS AND APPOINTING
COMMISSIONERS AND COMMITTEE MEMBERS
AQ narrated a Powerpoint presentation entitled "Point of Order - Re: Abstention & Quorums". A hard copy of the presentation is on file with the City Clerk.
Concerned resident, San Clemente, spoke on the need for Brown Act training for Commission and Committee members.
City Attorney Smith reviewed the contents of the Administrative Report and responded to Council inquiries.
Motion by Mayor Duncan, second by Mayor Pro Tem Knoblock, CARRIED 5-0, to 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
21 City Council Regular Meeting Minutes February 7, 2023 Committees. With an amendment to section 4.2.1.7 of Policy 1201-11, the amendments to the Policy are as follows:
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."
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.
22 City Council Regular Meeting Minutes February 7, 2023
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 present 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 one year 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.
AYE:
NOE:
Cabral, Enmeier, James, Knoblock and Mayor Duncan
None
B. ELECTION OF MAYOR PRO TEM
AQ narrated a Powerpoint presentation entitled "Point of Order - Re: Abstention & Quorums". A hard copy of the presentation is on file with the City Clerk.
Rick Loeffler narrated a Powerpoint presentation concerning campaign donations Mayor Pro Tem Knoblock received. A hard copy of the presentation is on file with the City Clerk.
Councilmember James nominated Councilmember Cabral for Mayor Pro Tem.
Mayor Pro Tem Knoblock nominated himelf for Mayor Pro Tem.
Council voted on the appointment to the office of Mayor Pro Tem in the order candidates were nominated.
23 City Council Regular Meeting Minutes February 7, 2023 Councilmember James and Councilmember Cabral voted to appoint Councilmember Cabral to the office of Mayor Pro Tem, FAILED 2-3.
AYE: Cabral and James
NOE: Enmeier, Knoblock and Mayor Duncan
Councilmember Enmeier, Mayor Pro Tem Knoblock and Mayor Duncan voted to appoint Mayor Pro Tem Knoblock to the office of Mayor Pro Tem, CARRIED 3-2.
AYE: Enmeier, Knoblock and Mayor Duncan
NOE: Cabral and James
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
Scott McKhann, San Clemente, supports referring this item to the Planning Commission for consideration.
Motion by Councilmember Enmeier, second by Mayor Pro Tem Knoblock, CARRIED 5-0, 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.
AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None
D. ACTION PLAN REPORT FOR ADDRESSING CITY’S ANTI-CAMPING CODE
COMPLIANCE AND ASSOCIATED PUBLIC PROPERTY MAINTENANCE
EFFORTS
Rick Loeffler commended the City for its efforts on being proactive and updating the community on steps being undertaken.
Interim City Manager Joyce narrated a Powerpoint presentation concerning illegal camping and associated Municipal Code violations and responded to
24 City Council Regular Meeting Minutes February 7, 2023 Council inquiries. A hard copy of the presentation is on file with the City Clerk.
Captain Patella and Sergeant Critz with the Orange County Sheriff's Department's Behavioral Health Unit discussed their objectives and responded to Council inquiries.
Motion by Councilmember James, second by Mayor Pro Tem Knoblock, CARRIED 5-0, to receive and file the Administrative Report dated February 7, 2023, and on file with the City Clerk.
AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None
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
AQ opposed the rainbow dredge due to environmental concerns and potential litigation.
Tim Brown supports efforts for sand replenishment and supports the formation of a subcommittee.
Steve Lang supports efforts to replenish sand on San Clemente beaches.
Susan Ambrose, San Clemente, supports the evaluation of rainbow dredging.
Aaron Washington spoke on the need of establishing more visibility on the City's website concerning sand replenishment efforts and supports the establishment of a subcommittee.
Suzie Whitelaw expressed concerns with rainbow dredging; supports consulting with other municipalities regarding sand replenishment.
Community Development Director Gallardo-Daly reviewed the contents of the Administrative Report and responded to Council inquiries.
Motion by Mayor Duncan, second by Councilmember Cabral, CARRIED 5-0, to:
1. Direct Staff to work with the City of Oceanside to collaborate on sand replenishment project(s).
2. Have staff engage with the California Coastal Commission to determine feasibility of potential solutions/projects relating to sand replenishment on San Clemente beaches.
25 City Council Regular Meeting Minutes February 7, 2023
3. Establish a subcommittee for sand replenishment. Councilmember Cabral and Councilmember Enmeier were selected for the Sand and Beach Nourishment Subcommittee under agenda item 11D(1).
AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None
F. DISPLAY OF PHOTOGRAPHS AND OTHER WORKS AT CITY HALL
*Please note this item was heard after the Public Hearing portion of the meeting.
Please see page 11 of these minutes for the vote to reorganize the agenda.
Norb Garrett, CEO/Founder San Clemente Times, spoke in support of the display of Fred Swegles work at City Hall.
Jonathan Jenkins spoke in support of the display of Fred Swegles work at City Hall.
Greg Cruse, San Clemente, spoke in support of displaying Fred Swegles catalog of work at City Hall.
Barbara Chamberlin, San Clemente, spoke in support of displaying Fred Swegles works at City Hall.
Mike Chamberlin, spoke in support of displaying Fred Swegles work at City Hall.
Tim Brown spoke in support of a dedicatory wall in memory of Fred Swegles that can transition to different art over time.
Motion by Councilmember James, second by Councilmember Cabral, CARRIED 5-0, to direct staff to begin discussions to exhibit Fred Swegles work at City Hall by identifying photographs and writings to be displayed.
AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None
G. CONSIDERATION OF TAKING MINUTES IN CLOSED SESSION
Tim Brown commented on the history of closed session minutes and potential liability to the City.
Motion by Mayor Pro Tem Knoblock died for a lack of second to have the City Clerk take minutes in Closed Session.
10. Oral Communications (Part 2)
Aaron Washington opined that homeless individuals are being dropped off at the pier; urged Council to include homeless efforts on the City's website.
26 City Council Regular Meeting Minutes February 7, 2023
11. Reports
A. Commissions and Committees
None.
B. City Manager
None.
C. City Attorney
None.
D. Council Members
Council requested that Interim City Manager Joyce evaluate strategies to allow the playground near the restrooms at North Beach to be used exclusively by children and their parents/guardians, and report back with a memo to Council.
Councilmember Cabral and Councilmember Enmeier reported that they attended the League of California Cities conference; relayed information that would be of benefit to the City.
Mayor Duncan spoke on his attendance at the Mayor's Conference in Washington D.C. and potential benefits for the City.
Continuation of Meeting
Motion by Councilmember James, second by Mayor Pro Tem Knoblock, CARRIED 5-0, to continue the meeting to 11:15 p.m.
AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None
(1) UPDATE TO COUNCIL APPOINTEES TO REGIONAL COMMITTEES,
COMMISSIONS AND CITY COUNCIL SUBCOMMITTEES
Tim Brown suggested that there should be additional direction to staff on how to develop the sand replenishment subcommittee.
Full list of appointees to Regional Committees and Commissions on following page.
27 2023 COUNCIL APPOINTED REPRESENTATIVES
TO COMMITTEES, COMMISSIONS AND BOARDS
Committee/Commission/Board Location Meeting
Date(s)
Representative(s) Compensation
Capistrano Unified School District
Liaison Committee
Duncan and Enmeier No
Coastal Animal Services Authority
(CASA)
Animal
Shelter
San
Clemente
3 rd Monday,
5:30 p.m.
Bi-monthly
James/Enmeier (Alt.) No
Community Engagement Panel Varies Quarterly
(dates vary)
Cabral/Enmeier (Alt.) No
Conservancy (Elected/Appointed
Representative to Friends of the
Reserve Commission)
Knoblock/Duncan (Alt.)
The City's “At Large”
position is vacant.
No
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.
Chamber of Commerce – Economic
Development
City Hall
Conference
Room
As Set James/Cabral (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 4
th Thursday Duncan Yes ($100 per
Boardroom, 1 of every meeting with
Fire Authority other month maximum of $300
Road, Irvine at 6:30 p.m. per month).
Special notes: This
appointment must
be made by
resolution.
Alternates were
discontinued in
2015.
Historic Preservation Ad Hoc
Committee
TBD TBD James/Enmeier (Alt.) No
Insurance Authority (California Joint
Powers Insurance Authority)
La Palma 4
th
Wednesday,
4:30 p.m.
Knoblock Yes, $100 per
year.
Investment Advisory Committee Ocean View
Conf. Room
Quarterly,
6:00 p.m.
Last Monday
of the month
Cabral No
Legislative Delegate Program -
Representative to Senate District 36
Mayor and Mayor Pro
Tem
No
28 Legislative Delegate Program -
Representative to 74th Assembly
District
Mayor and Mayor Pro
Tem
No
Library Task Force (Orange County) Tustin Library Quarterly, 4 th
Thursday,
4:00 p.m.
Enmeier No
Mayors (South Orange County
Association of Mayors)
Rotating
Cities
2 nd
Thursday,
7:30 a.m.
Mayor No
U.S. Marine Corps Liaison James No
MWDOC Interaction of Elected
Officials
Knoblock/Duncan
(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/Duncan
(Alt.)
No
SCAG General Assembly Annual
Meeting in
May
Knoblock/Cabral No
Social Service/Community Service
Budget Committee
Enmeier No
South Orange County Watershed
Management Area Executive
Committee
Knoblock/Rebensdorf
(Alt.)
No
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 Duncan No
29 City Council Regular Meeting Minutes February 7, 2023
UPDATE TO COUNCIL APPOINTEES TO REGIONAL COMMITTEES,
COMMISSIONS AND CITY COUNCIL SUBCOMMITTEES
Motion by Mayor Duncan, second by Councilmember James, CARRIED 5-0, to continue the following subcommittees:
Design Review Subcommittee - Members are Planning Commissioners San Clemente Healthcare Subcommittee - James and Duncan Transportation Subcommittee - James and Cabral
Amphitheater Citizens Committee - Each Councilmember to appoint one member
Homeless Subcommittee - Cabral and Enmeier
Sand and Beach Nourishment Subcommittee - Cabral and Enmeier AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None
(2) REQUEST TO SUPPORT SB44 (UMBERG): CONTROLLED SUBSTANCES Motion by Mayor Duncan, second by Councilmember Enmeier, CARRIED 5-0, to approve Mayor Duncan to send a letter on behalf of the City Council in support of SB 44 (Umberg) Controlled substances.
AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None
E. Council Subcommittee Updates
None.
12. Adjournment
Motion by Mayor Pro Tem Knoblock, second by Mayor Duncan, CARRIED 5-0, to adjourn at 11:16 p.m. The next Regular Meeting will be held on February 21, 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, Knoblock and Mayor Duncan
NOE: None
30 City Council Regular Meeting Minutes February 7, 2023 CITY CLERK of the City of
San Clemente, California
_______________________________
MAYOR of the City of
San Clemente, California
_______________________________
31 AGENDA REPORT
CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 2/21/2023 Agenda Item: (1)
Subject:
HUMAN AFFAIRS COMMITTEE REGULAR MEETING MINUTES OF JANUARY 24, 2023 CITY OF SAN CLEMENTE Page 1 of 1 Printed on 2/16/2023
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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: 2/21/2023 Agenda Item: (2)
Subject:
ZONING ADMINISTRATOR REGULAR MEETING MINUTES OF FEBRUARY 9, 2023.
CITY OF SAN CLEMENTE Page 1 of 1 Printed on 2/15/2023
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These minutes will be approved by the Zoning Administrator on February 23, 2023
CITY OF SAN CLEMENTE
MINUTES OF THE REGULAR MEETING
OF THE ZONING ADMINISTRATOR
February 9, 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 February 9, 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
Kyle Webber, Associate Planner
Tamara Tatich, Office Specialist
2. MINUTES
A. Receive and file Minutes from the Zoning Administrator Regular Meeting of January 19, 2023.
3. ORAL AND WRITTEN COMMUNICATION
None
4. PUBLIC HEARING
A. 655 Camino de Los Mares - Minor Conditional Use Permit 22-403, South County Fitness Pilates Studio
A request to establish an all-ages, indoor Pilates studio with up to six students and one instructor per class, within an existing 1,444 sq. ft. tenant space located in the Community Commercial Zone (CC4) at the San Clemente Professional Plaza, located at 655 Camino De Los Mares.
Operating hours are scheduled from 6 AM to 8 PM M-F and weekends 7:00 a.m. to 1:00 p.m.
DRAFT
38 Minutes of the Zoning Administrator Regular Meeting February 9, 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).
Associate Planner Kyle Webber summarized the staff report and confirmed that there were no public comments on this matter.
ZA Gallardo-Daly opened the public hearing. There being no public comments, ZA Gallardo-Daly closed the public hearing.
ZA Gallardo-Daly stated the report was very thorough and that she reviewed the staff report and Conditions of Approval, and has been to the site. ZA Gallardo-Daly stated that she can make the Findings for the Minor Conditional Use Permit for the proposed business. The purposed use is permitted in the zone, it complies with all of the applicable provisions of the Zoning Ordinance and the General Plan, and the site is suitable for the type and intensity of the proposed use. The parking provided for the proposed use will not result in an increase in parking or inadequate parking for the site. The proposed hours of operation are consistent with surrounding uses. No exterior building or site changes, only tenant improvements, are required to operate the business. The proposed uses are consistent with surrounding uses in the medical plaza, including similar types of fitness and yoga studios. The proposed use will not be detrimental to public health, safety or welfare, and the proposed use will not negatively impact surrounding uses. Condition 7.29 in the permit requires the fitness studio to schedule a minimum fifteen break between the end of the each class and the beginning of the next to ensure that there’s no overlap of customers or parking concerns.
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 Conditional Use Permit 22-403 - South County Fitness, 655 Camino de Los Mares - subject to the Conditions of Approval.
B. 101 W. Avenida Vista Hermosa - Special Activities Permit 23-009, American Crown Circus 2023 at the Outlets at San Clemente A request to operate a circus event at the Outlets at San Clemente from March 2, 2023 to March 6, 2023, and from March 9, 2023 to March 13, 2023. Setup for the event, including temporary circus structures, is from February 28, 2023 to March 1, 2023, and breakdown is on March 14, 2023. Expected attendance is 150 to 200 people per day of the event.
DRAFT
39 Minutes of the Zoning Administrator Regular Meeting February 9, 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) and Section 15311 (Class 11: Accessory Structures).
Assistant Planner David Carrillo summarized the Staff Report and advised that the applicant is available to answer any questions.
ZA Gallardo-Daly stated that she knew the circus had operated in the past at this location and then asked if there were any public issues or concerns with the past operations. Staff replied that they were not aware of any previous issues or concerns.
Francisco “Pancho” Osorio, the applicant thanked ZA Gallardo-Daly and staff for the opportunity to host a family-focused circus, and that he was pleased the Outlets at San Clemente wanted the family-owned, American Crown Circus to return. ZA Gallardo-Daly acknowledged the popularity of the event with an increase from five days last year to ten days this year.
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 thanked Mr. Osorio for the information about the business and thanked staff for a thorough report that outlined the details of operations that included set-up to tear-down, what is expected in between, and that there is no conflict between the other event, Cars and Coffee, that is occurring with regularity at the site.
ZA Gallardo-Daly stated that she read the report, went to the site, reviewed the Conditions of Approval and can make the Findings for the Special Activities Permit. The proposed use is permitted in the subject zone. Pursuant of the approval of a Special Activities Permit, it complies with all the applicable provisions of the San Clemente ordinance, the San Clemente General Plan, and is consistent with the regional commercial zone in the Marblehead Specific Plan. The site is suitable for the type and intensity of the use that is proposed. The location within the shopping center provides ample parking, increases visitors to the shopping center, and is complimentary to the shopping center operations. The proposed use will not be detrimental to the public health, safety or welfare. The event is planned and conditioned to ensure that noise levels are contained below the maximum levels allowed by the City’s code. The proposed use will not negatively impact the surrounding land uses, and the live entertainment and amplified sound will be conducted entirely within the circus tent.
Based on the information in the staff report and subject to the required Findings and Conditions of Approval, ZA Gallardo-Daly determined the DRAFT
40 Minutes of the Zoning Administrator Regular Meeting February 9, 2023 Page 4 project Categorically Exempt from CEQA pursuant to State CEQA Guidelines Section 15301 (Class 1: Existing Facilities) and Section 15311 (Class 1: Accessory Structures).
Action: The Zoning Administrator adopted Resolution ZA23-004, and approved – Special Activities Permit 23-009, American Crown Circus 2023 at the Outlets at San Clemente, 101 Avenida Vista Hermosa - subject to the Conditions of Approval.
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 23, 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
41 AGENDA REPORT
CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 2/21/2023 Agenda Item: (1)
Subject:
Approve Wire Transfer Nos.
2791 through 2795 and Warrant Nos.
586127 through 586286, paid on
2-3-23, in the amount of $1,939,361.95
CITY OF SAN CLEMENTE Page 1 of 1 Printed on 2/14/2023
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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: 2/21/2023 Agenda Item: (2)
Subject:
Approve Wire Transfer Nos.
2796 through 2801 and Warrant Nos.
586287 through 586400, paid on
2-10-23, in the amount of $3,268,767.36
TOTAL WARRANT REGISTER $5,208,129.31
CITY OF SAN CLEMENTE Page 1 of 1 Printed on 2/14/2023
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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: 2/21/2023 Agenda Item:
Subject:
Warrant Nos. 895 through 896,
Automatic Deposit Advises 83786
through 84046, for the period
1-23-23 through 2-5-23, paid
on 2-10-23, in the amount of $429,059.72
TOTAL PAYROLL REGISTER $429,059.72
CITY OF SAN CLEMENTE Page 1 of 1 Printed on 2/16/2023
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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: 2/21/2023 Agenda Item: D.
Department: Public Works
Prepared By Fatana Temory, Management Analyst
Subject:
CONTRACT EXTENSION FOR SENIOR MOBILITY PROGRAM WITH CABCO YELLOW INC. (CALIFORNIA YELLOW CAB)
Fiscal Impact:
The program cost of $59,000 is included in the approved Fiscal Year 2023 budget.
Summary:
On August 21, 2018, City Council awarded a contract to Cabco Yellow Inc. (California Yellow Cab) to provide transportation services to residents age 60 and older. The funding for the program is made available through the Orange County Transportation Authority (OCTA) Senior Mobility Program (SMP). OCTA funds 80% of the program expenses and the City of San Clemente funds the remaining 20% balance. Orange County’s older adults consistently rank transportation among their most critical concerns and this fixed route transportation program has successfully helped our senior residents meet their needs. Staff recommends the City Council approve a two-year contract extension with California Yellow Cab to continue providing senior transportation services.
Discussion:
The purpose of the Senior Mobility Program is to provide a safe fixed-route transportation option, to help senior residents lead independent lives while encouraging accessibility and enhancing their connection with our community. OCTA’s mission is to fill the gap between local fixed-route buses and ADA paratransit by providing local transportation services to seniors in participating cities in Orange County. Under the program, participating cities are eligible to receive funds from OCTA to help operate a transit program that fits the needs of seniors in their communities. Since 2002, the City of San Clemente has provided senior transportation services through the Senior Mobility Program (SMP). The City’s program is a no-cost transportation system that provides seniors age 60 and over who reside in the City with transportation to and from the Dorothy Visser Senior Center (Monday through Friday) and a list of designated grocery stores (Monday through Thursday). SMP services are provided by Yellow Cab; proposals for this service were last solicited in 2018. The contract with Yellow Cab was executed on August 21, 2018 and expired on June 30, 2021. Due to staff changes in 2021, the two-year extension was not executed. However, recent discussions with OCTA/and the City Attorney have allowed a two-year contract extension for a maximum of five years. The agreement is set to expire on August 21, 2023. Staff will issue a Request for Proposal (RFP) prior to the contract’s expiration date.
Staff continues to have discussions with OCTA to provide additional locations/stops for its seniors through the Senior Mobility Program, which will subsequently be presented to Council for consideration.
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Meeting Date: 2/21/2023 Agenda Item: D.
Recommended Actions:
Staff Recommendation
STAFF RECOMMENDS THAT THE CITY COUNCIL approve and authorize the Mayor to execute, Amendment No. 1 to Contract C18-37, by and between the City of San Clemente and California Yellow Cab. This amendment extends the term of the contract for two years, to expire August 21, 2023.
Attachment:
1. Amendment No. 1 to Yellow Cab Agreement
2. Yellow Cab Agreement
Notification:
None.
CITY OF SAN CLEMENTE Page 2 of 2 Printed on 2/14/2023
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55452.01100\40654113.1 Page 1 of 2
FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT FOR SENIOR
MOBILITY PROGRAM
THIS FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT (“First Amendment”) is made and entered into effective as of February ___, 2023 (the “Effective Date”), by and between the City of San Clemente, a municipal corporation, hereinafter referred to as the “City,” and Cabco Yellow Inc., dba California Yellow Cab, a California corporation with its principle place of business at 520 W. Dyer Road, Santa Ana, CA 92707, hereinafter referred to as “Contractor.” The City and Contractor individually may be referred to herein as a “Party” and together may be referred to herein as the “Parties.”
1. RECITALS.
1.1 Agreement. The Parties entered into that certain Professional Services Agreement on August 21, 2018 for professional transportation services to be performed in connection with the City’s Senior Mobility Program (the “Agreement”).
1.2 The Parties now desire to amend the Agreement in order to extend its term through and including August 21, 2023.
2. TERMS.
2.1 Term. The Term of the Agreement as set forth in its Section 1.1 is hereby amended in its entirety as follows:
“The Term of this Agreement shall commence on the Effective Date, and shall continue and remain in effect, until August 21, 2023 (the “Expiration Date”), unless terminated earlier pursuant to the terms hereof. This Agreement shall not be further extended beyond the Expiration Date.”
2.2 Remaining Provisions of the Agreement. Except as otherwise specifically set forth in this First Amendment, the remaining provisions of the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the Parties hereto have entered into this First Amendment as of the Effective Date set forth above.
CITY OF SAN CLEMENTE
By: __________________________
ATTEST: Its: ___________________________
____________________________ Dated: ________________________ CITY CLERK of the City of
San Clemente, California
ATTACHMENT 1
69 55452.01100\40654113.1 Page 2 of 2
APPROVED AS TO FORM:
BEST BEST & KRIEGER
By: ________________________
City Attorney
APPROVED AS TO AVAILABILITY
OF FUNDING
By: ________________________
Finance Authorization
CONTRACTOR
Contractor’s License Number _____
By: __________________________
Its: __________________________
Dated: ________________________
70 ATTACHMENT 2
71 72
73 74
75 76
77 78
79 80
81 82
83 84
85 86
87 88
89 90
91 92
93 94
95 96
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99 100
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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: 2/21/2023 Agenda Item: E.
Department: Public Works
Prepared By: Randy Little, Maintenance Manager
Subject:
TREE MAINTENANCE SUPPLEMENTAL BUDGET APPROPRIATION AND CONTRACT
AMENDMENT
Fiscal Impact:
The fiscal impact is a $50,000 supplemental appropriation for contract tree maintenance from the Unassigned General Fund balance.
Summary:
Weather and storm events have resulted in 47 tree failures costing $153,127 to date. The contract for West Coast Arborists, Inc. (WCA) has an annual supplemental amount of $60,000 for emergency tree response. Staff is requesting approval of Contract Amendment No. 1, which includes a one-year increase of $50,000 for supplemental tree maintenance services.
Background:
At its regular meeting on April 20, 2021, the City Council awarded the tree trimming contract to WCA in the amount of $1,305,000 for the period of April 20, 2021 to June 30, 2025. With the approval of Amendment No. 1, the new contract amount will be $1,355,000. The current total annual contract amount is $350,000. The base contract is $290,000 for tree trimming services plus a supplemental contract amount of $60,000 for emergency tree trimming and removal.
Discussion:
The city has experienced an abundance of rain events with high winds this storm season. As a result, we have had 47 tree failures in parks and right-of- way areas. Historically, the city averages five to six failures a year. The storm damage this year has cost $153,127 to date. Maintenance Services have been required to severely reduce standard tree trimming operations due to the high number of failures. The supplemental appropriation of $50,000 will help offset the funding that has been used from the base contract.
Recommended Actions:
Staff Recommendation
STAFF RECOMMENDS THAT THE CITY COUNCIL:
1. Approve a $50,000 supplemental budget appropriation to Maintenance of Trees (Acct #001-633-43426).
2. Approve, and authorize the City Manager to execute, Amendment No. 1 to Contract CITY OF SAN CLEMENTE Page 1 of 2 Printed on 2/14/2023
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Meeting Date: 2/21/2023 Agenda Item: E.
C21-10, by and between the City of San Clemente and West Coast Arborists, Inc. This amendment increases the contract amount from $1,305,000 to $1,355,000, an increase of $50,000.
Attachment:
1. First Amendment to Agreement for Tree Maintenance Services between the City of San Clemente and West Coast Arborists, Inc. (Contract C21-10) Notification:
None
CITY OF SAN CLEMENTE Page 2 of 2 Printed on 2/14/2023
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55452.01100\31090125.5
FIRST AMENDMENT TO
AGREEMENT FOR TREE MAINTENANCE SERVICES
This First Amendment to the Agreement for Tree Maintenance Services (this “First Amendment”) is made and entered into on this _____ day of February, 2023, by and between the City of San Clemente, a California municipal corporation (“City”), and West Coast Arborists, Inc., a California Corporation (“Contractor”).
RECITALS
A. City and Contractor entered into that certain Agreement for Tree Maintenance Services (the “Agreement”) on April 20, 2021.
B. City and Contractor desire to amend the Agreement increasing the total compensation not to exceed amount to One Million Three Hundred Fifty-Five Thousand Dollars ($1,355,000) for Tree Maintenance Services through June 30, 2025.
COVENANTS
Section 3: Section 3.3.1 of the Agreement titled “Compensation” is hereby amended to read:
3.3.1 Compensation.
The total compensation shall not exceed One Million Three Hundred Fifty-Five Thousand Dollars ($1,355,000).
111
55452.01100\31090125.5
Except as expressly amended by this First Amendment, the remaining portions of the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to be duly executed on the respective dates set forth opposite of their signatures.
CITY OF SAN CLEMENTE
By: ______________________________
Its: _ _________________________
Dated: __________________, 2023
ATTEST:
______________________________
CITY CLERK of the City of
San Clemente, California
APPROVED AS TO FORM:
BEST BEST & KRIEGER
____________________________
City Attorney
APPROVED AS TO AVAILABILITY
OF FUNDING:
________________________________
Finance Authorization
WEST COAST ARBORISTS, INC.
(“CONTRACTOR”)
By: _____________________________
Signature
Its: _ _________________________
Title
Dated: __________________, 2023
112
AGENDA REPORT
CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 2/21/2023 Agenda Item: F.
Department: Public Works
Prepared By: Amir K. Ilkhanipour, Principal Civil Engineer Subject:
ACCEPTANCE AND NOTICE OF COMPLETION FOR THE WATER RECLAMATION PLANT (WRP)/SLUICE GATE REPLACEMENT, CIP PROJECT NO. 26212
Fiscal Impact:
The project construction cost of $85,823 is within the approved construction budget of $95,500 from the Sewer Depreciation Reserve Fund.
Summary:
Acceptance and Notice of Completion for Innovative Construction Solutions for contract work on the WRP/Sluice Gate Replacement. Refer to Attachment 1 for Location Map and Attachment 2 for Notice of Completion.
Background:
On February 15, 2022, City Council awarded a construction contract to Innovative Construction Solutions to replace two corroded sluice gates and the related electrical work at the Water Reclamation Plant (WRP). Sluice gates are used to change or stop flows to various treatment processes throughout the WRP (Attachment 3).
A summary of the total construction expenditures is provided below:
Construction Management and Inspection $ 8,500
Construction 77,323
Total Project Construction cost $85,823
Recommended Actions:
Staff Recommends that the City Council:
1. Accept the WRP/Sluice Gate Replacement, CIP Project No. 26212, from the contractor, Innovative Construction Solutions.
2. Authorize the Public Works Director/City Engineer to execute and record, the Notice of Completion for the WRP/Sluice Gate Replacement.
3. Authorize the City Clerk to release the Payment Bond 35 days from the recordation of the Notice of Completion upon verification with the Engineering Division that no liens have been levied against the Contractor, Innovative Construction Solutions.
CITY OF SAN CLEMENTE Page 1 of 2 Printed on 2/14/2023
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Meeting Date: 2/21/2023 Agenda Item: F.
Attachments:
1. Location Map
2. Notice of Completion
3. Staff Report Dated February 15, 2022 (without attachments) Notification:
None
CITY OF SAN CLEMENTE Page 2 of 2 Printed on 2/14/2023
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CLE LAGO
A V
E
T R A B U C O
AVE ARAGON
EL CAMINO REAL (COAST HWY) CLE DE LOS MOLINOS
AVE PICO
LOS OBREROS LN
BOCA DE LA PLAYA
AVE ESTACION CLE DESHECHA SENDA DE LA PLAYA
CLE COLINA
BUENA VIS
CLE SACRAMENTO
AVE HACIENDA
CLE LAS BOLAS
CLE VALLE
AVE DE LA CLE REDONDEL
CLE BONITO
CLE MIRADOR
AVE DEL REPOSO
EL PRADO
RINCON CT
CLE DE INDUSTRIAS AVE NAVARRO
A. T. & S. F. R. R. AVE DE LA GRULLA
AVE FLORENCIA DIJE CT CLE PUENTE
PACIFIC OCEAN
VIA PICO
ESTRELLA
EL CAMINO REAL (COAST HWY)
DE LOS
CALLE MOLINOS
SAN CLEMENTE
WATER RECLAMATION
PLANT
ARBLEHEAD
LOCATION MAP
Attachment 1
PROJECT
LOCATION
NOT TO SCALE
WRP/Sluice Gate
Replacement
PN 26212
115
Recording Requested By:
City of San Clemente
When Recorded, Mail To:
Public Works Department
City of San Clemente
910 Calle Negocio
San Clemente, CA 92673
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: WRP / Sluice Gate Replacement, CIP Project No. 26212
2. Date of completion: January 27, 2023
3. Street address or legal description of the project site: 380 Avenida Pico, San Clemente, CA 92673
4. Name of owner: City of San Clemente
5. Interest or estate of owner: Fee Property
6. Address of owner: 910 Calle Negocio, San Clemente, CA 92673
7. Name and address of contractor: Innovative Construction Solutions, 575 Anton Boulevard, Suite 850, Costa Mesa, CA, 92626
I am the Public Works Director/City Engineer 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. ________________________________________
Kiel Koger, Public Works Director/City Engineer
City of San Clemente
Attachment 2
116
�N_CL� Agenda Item (_QI)
Approvals:
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AGENDA REPORT
SAN CLEMENTE CITY COUNCIL MEETING
Meeting Date: February 15, 2022
City Manager
Dept. Head
Attorney
Finance
WA &#WH&9F?E a+;+i44i!!Ni£iiP 1 w s !s:tif BRM ¥&9:i►&EEW M Department:
Prepared By:
Subject:
Public Works/ Engineering Division
Amir K. llkhanipour, Senior Civil Engineer
CONSTRUCT/ON CONTRACT AWARD TO INNOVATIVE CONSTRUCTION SOLUTIONS FOR THE WRP I SLUICE GATE REPLACEMENT, PROJECT No. 26212
Fiscal Impact: Yes. The estimated total construction cost of $95,500 is within the approved project budget of $187,997 available from the WRP / Sluice Gate Replacement, CIP Project No, 26212.
Summary: Staff recommends approval of a construction contract with Innovative Construction Solutions in the amount of $70,000 for the WRP / Sluice Gate Replacement.
Background: Water Reclamation Plant (WRP) has multiple sluice gates that have reached the end of their useful life due to corrosion and are need of replacement. Sluice gates are used to change or stop flows to various treatment processes throughout the WRP.
Recommended
A bid package for replacement of two sluice gates, including some mechanical and electrical components, was advertised for competitive bidding on the PlanetBids website. Nine bids were received on January 1, 2022, ranging from $70,000 to $328,629, as shown on Attachment 2. The lowest responsive bidder was Innovative Construction Solutions of Costa Mesa, California at $70,000.
Based on the low bid, construction costs are estimated as follows:
Construction Contract
Construction Management, Administration
and Inspection
Project Contingency (15%)
Total Estimated Construction Costs
$70,000
15,000
10,500
$95,500
As required by City Policy and State Law, the Contractor will be required to provide performance and payment bonds simultaneously with execution of the construction contract (Attachment 3). Project plans and specifications are on file in the City Clerk's office.
Action: Staff Recommends That the City Council:
Public Works Agenda Report 2-15-22 I 60 - 1
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CT
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Attachment 3
117
Agenda Report Page 2
1. Approve the Plans and Specifications for the WRP / Sluice Gate Replacement, Project No. 26212; and
2. Approve and authorize the Public Works Director to execute Contract No. ___ , by and between the City of San Clemente and Innovative Construction Solutions, in the amount of $70,000, for the WRP / Sluice Gate Replacement, Project No. 26212.
Attachments: 1 .
2. 3 ..
Location Map
Bidders' List
Contract without attachments
Notification: None.
s:\cd\engineering\secure\admin\2022\2-15\2-15-22-1 r.docx 2-15-22 I 6D - 2
118
AGENDA REPORT
CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 2/21/2023 Agenda Item: G.
Department: Finance and Administrative Services
Prepared By Jake Rahn, Financial Services Officer
Subject:
APPROVAL OF AN ADDITIONAL SERVICES AGREEMENT FOR FLOCK GROUP INC. FOR AUTOMATIC LICENSE PLATE READERS AND SERVICES.
Fiscal Impact:
Phase 2 implementation cost of $47,250 will be funded from budget savings associated with early payment discounts made on the Police contract and unfunded pension liability. Annual reoccurring costs of $104,300 will be incorporated in future budgets.
Summary:
Staff recommends expanding the automatic license plate reader (ALPR) system to enhance crime detection and convictions and is requesting Council approval.
Background:
As part of the of the 2021-22 budget, City Council approved an automatic license plate reader (ALPR) system to assist police services in the identification of criminal activities and to aid related investigations throughout the City. With approval of the Council, staff previously executed an agreement with Flock Group, Inc. to install a 15 camera ALPR system. On October 18, 2022, City Council approved an additional services agreement with Flock Group, Inc., for the addition of six cameras at Max Berg Park to address safety concerns.
Discussion:
Since implementation of the ALPR camera system there has been tremendous success identifying suspects and building criminal cases. Leveraging this technology has enhanced investigative capacity resulting in increased arrests and police service efficiencies. Flock cameras have been instrumental in recovering numerous stolen vehicles, aiding in felony arrests, and apprehending suspects in the Talega burglaries.
Recognizing the success of the program and the benefits of the initial phase, staff is requesting the addition of 15 cameras to be placed in strategic locations throughout the City. The implementation cost of Phase II is $47,250 with an annual service cost of $42,000. With the addition of Phase II, the annual recurring costs for the program will increase to $104,300. The table below illustrates the program rollout and aggregate costs to date.
DESCRIPTION PHASE I MAXBERG PARK PHASE II TOTAL
Flock Cameras 15 6 15 36
One-time Costs $ 49,250 $ 18,900 $ 47,250 $ 115,400
Annual Recurring Cost $ 45,500 $ 16,800 $ 42,000 $ 104,300 Total $ 94,750 $ 35,700 $ 89,250 $ 219,700 CITY OF SAN CLEMENTE Page 1 of 2 Printed on 2/13/2023 powered by Legistar™119
Meeting Date: 2/21/2023 Agenda Item: G.
DESCRIPTION PHASE I MAXBERG PARK PHASE II TOTAL
Flock Cameras 15 6 15 36
One-time Costs $ 49,250 $ 18,900 $ 47,250 $ 115,400
Annual Recurring Cost $ 45,500 $ 16,800 $ 42,000 $ 104,300 Total $ 94,750 $ 35,700 $ 89,250 $ 219,700
Recommended Actions:
Staff Recommendation
Staff recommends that the City Council approve and authorize the City Manager to execute an additional services agreement to Contract C22-037, by and between the City of San Clemente and Flock Group, Inc., providing Automatic License Plate Readers and Services for a total contract amount of $219,700.
Attachments:
1. Additional Services Agreement for Phase II
2. Additional Services Agreement for Max Berg Park
3. Services Agreement with Flock Group, Inc., Contract C22-037 Notification:
Orange County Sheriff’s Department
Flock Group, Inc.
CITY OF SAN CLEMENTE Page 2 of 2 Printed on 2/13/2023
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FLOCK GROUP INC.
ADDITIONAL SERVICES AGREEMENT
This Agreement combined with the existing agreement referenced in Exhibit A describe the relationship between Flock Group Inc. (“Flock”) and the customer identified below (“Customer”) (each of Flock and Customer, a ”Party”). This order form (“Order Form”) hereby incorporates and includes the terms of the previously executed agreement (the “Terms”) which describe and set forth the general legal terms governing the relationship (collectively, the "Agreement" ). The Terms contain, among other things, warranty disclaimers, liability limitations and use limitations.
This additional services Agreement will be effective when this Order Form is executed by both Parties (the “Effective Date”).
Agency: CA - City of San Clemente, CA
Legal Entity Name: \FSLegalEntityName{r}\
Contact Name: Janet Batchelor
Address:
140 Avenida Pico
San Clemente, California 92672
Phone: (949) 361-6186
E-Mail: [email protected]
Expected Payment Method:
\FSExpectedPaymentMethod1\
Billing Contact: \FSBillingContact1\
(if different than above)
Initial Term: 12 months
Renewal Term: 12 months
Billing Term: Payment due Net 30 per terms and
conditions
Billing Frequency: Annual Plan - First Year Invoiced at Signing
Sales tax will be added to all fees as applicable. If your organization is tax exempt, please check this box: \FSTaxExemptCheckbox1\ and email your Sales Tax Exemption Certificate to [email protected].
Draft ATTACHMENT 1
121
Professional Services and One-Time Purchases
Name Price/Usage Fee QTY Subtotal
Professional Services - Standard Implementation Fee $350.00 15.00 $5,250.00 Extended data retention (Up to 1 Year) $300.00 15.00 $4,500.00 Hardware and Software Products
Annual recurring amounts over subscription term
Name Price/Usage Fee QTY Subtotal
Falcon $2,500.00 15.00 $37,500.00
Subtotal Year 1: $47,250.00
Subscription Term: 12 Months
Annual Recurring Total: $42,000.00
Estimated Sales Tax: $0.00
Total Contract Amount: $47,250.00
Draft
122
By executing this Order Form, Agency represents and warrants that it has read and agrees to all of the terms and conditions contained in the Terms attached. The Parties have executed this Agreement as of the dates set forth below.
FLOCK GROUP, INC. Agency: CA - City of San Clemente, CA By:
\FSSignature2\
By:
\FSSignature1\
Name:
\FSFullname2\
Name:
\FSFullname1\
Title:
\FSTitle2\
Title:
\FSTitle1\
Date:
\FSDateSigned2\
Date:
\FSDateSigned1\
Draft
123
EXHIBIT A
This agreement is governed by the terms as set out in this attached agreement that has been previously executed by both parties.
Draft
124
ATTACHMENT 2
125
126
127
128
ATTACHMENT 3
129
130
131
132
133
134
135
136
137
138
139
140
141
142
143
144
145
146
147
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149
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157
AGENDA REPORT
CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 2/21/2023 Agenda Item: H.
Department: Utilities
Prepared By: Dustin Burnside, Utilities Manager
Subject:
APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH ELECTRICAL SAFETY SPECIALISTS, LLC. TO PERFORM A WATER & WATER RECLAMATION ELECTRICAL INFRASTRUCTURE ARC FLASH STUDY.
Fiscal Impact:
There is sufficient funding in the approved Fiscal Year 2022-23 Budget for the $54,802 expenditure for the Arc Flash Study in the following accounts within the Water and Sewer operating budgets:
• 052-462-43890 $10,961
• 052-463-43890 $10,960
• 052-465-43890 $10,960
• 054-472-43890 $10,961
• 054-473-43890 $10,960
Summary:
Staff is requesting approval of a Professional Services Agreement with Electrical Safety Specialists, LLC. for a Water & Water Reclamation Electrical Infrastructure Arc Flash Study.
Background:
At various locations throughout the City, the Utilities Department has pumping stations utilizing high voltage electricity, motors, and pumps, to pressurize water and lift wastewater. The Occupational Safety and Health Administration (OSHA) requires a periodic Electrical Hazard Assessment (Arc Flash Study) to be performed in order to identify and associate hazardous high voltage electrical equipment. An Arc Flash is a phenomenon where electrical current leaves its intended path and travels through the air, where it can contact workers in close proximity. An Arc Flash Study identifies these hazards, so they can be properly labeled with guidance and required safeguards to protect employees who maintain the equipment.
Discussion:
In November 2022, staff posted a Request for Proposal on PlanetBids for a Water & Water Reclamation Electrical Infrastructure Arc Flash Study requesting proposals from qualified contractors to perform the Study. The City received nine proposals from qualified contractors, and the proposals reflected a broad range of costs. The lowest proposal was $49,700 and the highest proposal was $513,131. Four of the nine contractors were selected for interviews. When evaluating the proposals and conducting interviews, staff considered the following items per City Policy and Procedure 201-2- 3: experience of the contractor, special knowledge of the subject matter, ability to perform the services in the time allowed, and record of success for similar work. Utilities staff interviewed Delta Systems, LLC., Electrical Safety Specialists, LLC., Halco Service Corporation, and SEAM Group, CITY OF SAN CLEMENTE Page 1 of 2 Printed on 2/15/2023
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Meeting Date: 2/21/2023 Agenda Item: H.
Systems, LLC., Electrical Safety Specialists, LLC., Halco Service Corporation, and SEAM Group, LLC. Based on the interview and proposals received, Utilities staff recommends Electrical Safety Specialists, LLC based on the thoroughness of their proposal and experience of the project team.
Recommended Actions:
Staff Recommendation
STAFF RECOMMENDS THAT the City Council approve, and authorize the Utilities Director to execute, Contract No. C23-09, by and between the City of San Clemente and Electrical Safety Specialists, LLC. for a Water & Water Reclamation Electrical Infrastructure Arc Flash Study for an amount not to exceed $54,802.
Attachment:
1. Professional Services Agreement with Electrical Safety Specialists, LLC.
Notification:
None.
CITY OF SAN CLEMENTE Page 2 of 2 Printed on 2/15/2023
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1 55452.01100\31193624.5
CITY OF SAN CLEMENTE
PROFESSIONAL CONSULTANT SERVICES AGREEMENT
1. PARTIES AND DATE.
This Agreement is made and entered into this _____ day of ________, 2023, by and between the City of San Clemente, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 910 Calle Negocio , San Clemente, California, 92673 ("City") and ELECTRICAL SAFETY SPECIALISTS, LLC, a LIMITED LIABILITY COMPANY, with its principal place of business at 16 SOUTH BROADWAY STREET, SUITE 16A, LOUISBURG, KS 66053-0842 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."
2. RECITALS.
2.1 Consultant.
Consultant desires to perform and assume responsibility for the provision of certain professional WATER & WATER RECLAMATION ELECTRICAL INFRASTRUCTURE ARC FLASH STUDY consulting services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing professional WATER & WATER RECLAMATION ELECTRICAL INFRASTRUCTURE ARC FLASH STUDY consulting services to public clients, is licensed in the State of California, if applicable, and is familiar with the plans of City.
2.2 Project.
City desires to engage Consultant to render such professional ELECTRICAL INFRASTRUCTURE ARC FLASH STUDY consulting services for the WATER & WATER RECLAMATION ELECTRICAL INFRASTRUCTURE ARC FLASH STUDY project ("Project") as set forth in this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional WATER & WATER RECLAMATION ELECTRICAL INFRASTRUCTURE ARC FLASH STUDY consulting services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations
3.1.2 Term. The term of this Agreement shall be from THE DATE NOTED IN SECTION 1, UNTIL THE SERVICES ARE COMPLETED TO THE SATISFACTION OF THE CITY, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. $WWDFKPHQW
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3.2 Responsibilities of Consultant.
3.2.1 Independent Contractor; Control and Payment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee.
Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, nor any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.
3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.
3.2.3 Endorsement on PS&E/ Other Data. Consultant shall sign all plans, specifications, estimates (PS&E) and engineering data furnished by Consultant, and where appropriate will indicate Consultant’s authorized signature and professional registration number.
3.2.4 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City.
3.2.5 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. The key personnel for performance of this Agreement are as follows: DOUG TELLIN, PROJECT MANAGER.
3.2.6 City's Representative. The City hereby designates DUSTIN BURNSIDE, UTILITIES MANAGER, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Work or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the 161
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Scope of Work or change the Consultant's total compensation subject to the provisions contained in Section 3.3 of this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee.
3.2.7 Consultant's Representative. Consultant hereby designates DOUG TELLIN, PROJECT MANAGER, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
3.2.8 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times.
3.2.9 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement.
As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.
3.2.10 Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If Consultant performs any work knowing it to be contrary to such laws, rules and regulations, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees, agents, and volunteers free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.
3.2.11 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions, where 162
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applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subconsultants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.
3.2.12 Insurance. Consultant agrees to procure and maintain, at Consultant’s expense all insurance specified in Exhibit “C” attached hereto and by this reference incorporated herein. Consultant shall require all subconsultants to carry the same policies and limits of insurance that the Consultant is required to maintain, unless otherwise approved in writing by the City.
3.3 Fees and Payments.
3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "D" attached hereto and incorporated herein by reference. The total compensation shall not exceed FIFTY FOUR THOUSAND EIGHT HUNDRED AND TWO DOLLARS ($54,802) without written approval of the City Council or City Manager as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.
3.3.2 Payment of Compensation. Consultant shall submit to City a monthly invoice which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice.
City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges thereon. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein.
3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "D" of this Agreement.
3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.
Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City.
3.3.5 Rate Increases. In the event that this Agreement is renewed pursuant to Section 3.1.2, the rate set forth in Exhibit “D” may be adjusted each year at the time of renewal as set forth in Exhibit “D.”
3.3.6 Labor Code Requirements.
3.3.6.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment 163
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of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. IF the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and IF the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
3.3.6.2 Registration. If the Services are being performed as part of an applicable “public works” or “maintenance” project, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the project and require the same of any subconsultants. This project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code sections 1725.5 and 1771.1 shall not apply to Services performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code sections 1725.5 and 1771.1.
3.4 Accounting Records.
3.4.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of four (4) years from the date of final payment under this Agreement.
3.5 General Provisions.
3.5.1 Termination of Agreement.
3.5.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time, with or without cause, by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause.
3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.
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in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.
3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:
Consultant: ELECTRICAL SAFETY SPECIALISTS, LLC.
16 SOUTH BROADWAY STREET, SUITE 16A
LOUISBURG, KS 66053-0842
ATTN: DOUG TELLIN, PROJECT MANAGER
City: City of San Clemente
380 Avenida Pico, Bldg N
San Clemente, CA 92672
ATTN: JULIE SCHMIDT, MANAGEMENT ANALYST II
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
3.5.3 Ownership of Materials and Confidentiality.
3.5.3.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data.
Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk.
3.5.3.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 165
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3.5.3.3 Confidential Information. The City shall refrain from releasing Consultant’s proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information.
Consultant shall have five (5) working days after receipt of the Release Notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of the Objection Notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information.
3.5.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.
3.5.5 Attorney's Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action.
3.5.6 Indemnification.
3.5.6.1 To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant's Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses. Consultant’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.
3.5.6.2 If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.
3.5.7 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.
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3.5.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Orange County.
3.5.9 Time of Essence. Time is of the essence for each and every provision of this Agreement.
3.5.10 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.
3.5.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.
3.5.12 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.
3.5.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
3.5.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.5.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
3.5.16 No Third-Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
3.5.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.5.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service 167
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with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.5.19 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.
3.5.20 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.
3.5.21 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.
3.5.22 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
3.6 Subcontracting.
3.6.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed on the respective dates set forth opposite of their signatures.
CITY OF SAN CLEMENTE
By:________________________________
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:_____________________________
Dated: __________________, 20____
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EXHIBIT "A"
SCOPE OF SERVICES
Please see attached Proposal from Electrical Safety Specialists, Ref #2538, in response to Invitation #UT 2223-03.
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EXHIBIT "B"
SCHEDULE OF SERVICES
Please see attached Proposal from Electrical Safety Specialists, Ref #2538, in response to Invitation #UT 2223-03.
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EXHIBIT “C”
INSURANCE REQUIREMENTS
3.2.12 Insurance.
3.2.12.1 Time for Compliance. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section.
3.2.12.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Consultant, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so.
(A) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 0001, or the exact equivalent, with limits of not less than $1,000,000 per occurrence and no less than $2,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); or (3) containing any other exclusion(s) contrary to the terms or purposes of this Agreement. (B) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering "Any Auto" (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $1,000,000 combined limit for each occurrence. NOTE: If Consultant does not own any company vehicles or may not be able to purchase a Business Automobile Insurance Policy, the requirement may be satisfied by providing either of the following: (1) a Personal Automobile Liability policy for the Consultant's own vehicle stipulating "Automobile Liability Insurance with a limit of not less than $1,000,000 each accident"; and (2) a non-owned auto endorsement to the Commercial General Liability policy if Consultant uses vehicles of others (e.g., vehicles of employees).
(C) Workers' Compensation: Workers' Compensation
Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease. (D) Professional Liability (Errors & Omissions): Professional Liability insurance or Errors & Omissions insurance appropriate to Consultant’s profession with limits of not less than $1,000,000 per claim. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least three (3) years from termination or expiration of this Agreement. 172
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3.2.12.3 Insurance Endorsements. Required insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
(A) Commercial General Liability:
(1) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement.
Additional Insured Endorsements shall not (1) be
restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Consultant; or (4) contain any other exclusions contrary to the terms or purposes of this Agreement. For all policies of Commercial General Liability insurance, Consultant shall provide endorsements in the form of ISO CG 20 10 10 01 (or endorsements providing the exact same coverage) to effectuate this requirement.
(2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (B) Automobile Liability:
(1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.
3.2.12.4 Professional Liability (Errors & Omissions):
(A) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (B) Contractual Liability Exclusion Deleted: This insurance shall include contractual liability applicable to this Agreement. The policy must “pay on behalf of” the insured and include a provision establishing the insurer’s duty to defend.
3.2.12.5 Workers' Compensation:
(A) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.
3.2.12.6 Primary and Non-Contributing Insurance. All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.
3.2.12.7 Waiver of Subrogation. All policies of Commercial General Liability and Automobile Liability insurance shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior 173
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to a loss. Consultant hereby waives its own right of recovery against the City, its officials, officers, employees, agents, and volunteers, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
3.2.12.8 Deductibles and Self-Insured Retentions. Any deductible or selfinsured retention greater than $5,000 must be approved in writing by the City and shall protect the City, its officials, officers, employees, agents, and volunteers in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.
3.2.12.9 Evidence of Insurance. The Consultant, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates on forms approved by the City, together with all endorsements affecting each policy. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.
3.2.12.10 Failure to Maintain Coverage. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced immediately so as to avoid a lapse in the required coverage, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement effective upon notice.
3.2.12.11 Acceptability of Insurers. Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A- VII and authorized to transact business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
3.2.12.12 Enforcement of Agreement Provisions (non estoppel).
Consultant acknowledges and agrees that actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligation on the City nor does it waive any rights hereunder.
3.2.12.13 Requirements Not Limiting. Requirement of specific coverage or minimum limits contained in this Appendix are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance.
3.2.12.14 Insurance for Subconsultants. Consultant shall include all subconsultants engaged in any work for Consultant relating to this Agreement as additional insureds under the Consultant's policies, or the Consultant shall be responsible for causing subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City, its officials, officers, employees, agents, and 174
16 55452.01100\31193624.5
volunteers as additional insureds to the subconsultant's policies. All policies of Commercial General Liability insurance provided by Consultant’s subconsultants performing work relating to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and volunteers as additional insureds using endorsement form ISO CG 20 38 04 13 or an endorsement providing equivalent coverage. Consultant shall not allow any subconsultant to commence work on any subcontract relating to this Agreement until it has received satisfactory evidence of subconsultant’s compliance with all insurance requirements under this Agreement, to the extent applicable. The Consultant shall provide satisfactory evidence of compliance with this section upon request of the City.
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EXHIBIT “D”
COMPENSATION
Please see attached Proposal from Electrical Safety Specialists, Ref #2538, in response to Invitation #UT 2223-03.
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18 WORKER’S COMPENSATION INSURANCE CERTIFICATION
WORKERS' COMPENSATION DECLARATION
I hereby affirm under penalty of perjury one of the following declarations:
(ONE OF THE BOXES BELOW MUST BE CHECKED)
I 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.
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19 Dated: ________________________, 20____
________________________________
Consultant
By: ________________________________
________________________________
Title
________________________________
Address
________________________________
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16 South Broadway Street
Suite 16A
Louisburg, KS 66053-0842
Office: 816.925.0443
www.arcflashpro.com
BIO: Doug Telling, PM (Main POC for San Clemente)
Summary:
After a rewarding 13 year career working as a master electrician, Doug left his careerto follow his true passion in electrical safety. Doug began working for an electrical safety firm where he developed electrical safety training curriculum, building safety program pans and was placed in charge of field operations for arc flash risk assessment involving thousands of facilities in North America and abroad.
After several years in the electrical safety field, Doug saw an opportunity to adapt what the industry was lacking. Using his expertise from both is master electrician career and his time as a leader at another firm, Doug partnered to open ESS. Doug envisioned a firm that did not cut corners, was 100% transparent with clients and ultimately provided clients with a work environment built with electrical safety priorities.
Professional Experience:
Training and Public Speaking: Doug has developed, implemented and trained personnel ranging from machine operators to university instructors. Doug commonly speaks at national tradeshows, client hosted seminars and regional conferences. Doug also presents NFPA 70E training classes to national and local clients on a regular basis. His presentation skills, as shown in client feedback, are the best in the business.
Arc Flash Risk Assessments: Doug is responsible for developing industry leading tactics for data collection when arc flash hit the scene nearly 20 years ago. Since then his teams have adapted and continue to use and develop procedures as needed. His arc flash experience entails everything from hospitals, power generation facilities, distribution warehouses, office and retail buildings, as well as university and campus projects. With his borad background in electrical and electrical safety, Doug is well versed in what is necessary to perform an arc flash assessment. Doug is also a Level II thermal imaging thermographer.
BIO: Greg Windisch, Senior Field Operations Manager
Summary:
As the Senior Field Operations Manager, Trainer and Safety Consultant for ESS, Greg ensures the clients receive the electrical safety details they need create a electrical safe work environment, while ensuring ESS personnel are trained, equipped and trained to perform the tasking correctly.
Greg's career started in the US Marine Corp as a sniper/ sniper instructor with 2 tours in Iraq, after which he started an 11 year career in the electrical field. His experience included installation and design of commercial, industrial and institutional electrical installations, in which he oversaw numerous large electrical construction projects in the Midwest. Greg left his career as an electrician to begin one in electrical safety and began working for ESS over a decade ago.
Greg was a member of the NJATC / IBEW 124 and completed an apprenticeship at Metropolitan Community College. Greg is an authorized American Red Cross/ AED Instructor and his affiliations include member of the NFPA and IEEE organizations. 190
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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: 2/21/2023 Agenda Item: I.
Department: Public Works
Prepared By Belgin Cuhadaroglu, Associate Civil Engineer Subject:
ACCEPTANCE AND NOTICE OF COMPLETION FOR THE CITYWIDE CATCH BASINS REHABILITATION, CIP PROJECT NO. 21001
Fiscal Impact:
The construction cost of $169,350 is within the approved construction budget of $178,600 from the Storm Drain Depreciation Reserve Fund.
Summary:
Acceptance and Notice of Completion for Cheloletty Engineering for contract work of the Citywide Catch Basins Rehabilitation, located throughout the City. Refer to Attachment 1 for Location Map and Attachment 2 for Notice of Completion.
Background:
On September 20, 2022, City Council awarded a construction contract to Cheloletty Engineering to rehabilitate various catch basins to improve their useful life and prevent flooding (Attachment 3). The project consisted of repairing the existing catch basins decks, sidewalks, curb and gutter within the catch basin repair areas.
A summary of construction expenditures is provided below:
Construction Management and Inspection $ 5,750
Construction $163,600
Total Project Construction cost $169,350
Recommended Actions:
Staff Recommends that the City Council:
1. Accept the Citywide Catch Basins Rehabilitation, CIP Project No. 21001, from Cheloletty Engineering.
2. Authorize the Public Works Director/City Engineer to execute and record the Notice of Completion for the Citywide Catch Basins Rehabilitation, CIP Project No. 21001.
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, Cheloletty Engineering. ..end
CITY OF SAN CLEMENTE Page 1 of 2 Printed on 2/15/2023
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Meeting Date: 2/21/2023 Agenda Item: I.
Attachments:
1. Location Map
2. Notice of Completion
3. Staff Report Dated September 20, 2022 (without attachments) Notification:
None
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203
ATTACHMENT 2
Recording Requested By:
City of San Clemente
When Recorded, Mail To:
Public Works Department
City of San Clemente
910 Calle Negocio
San Clemente, CA 92673
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: Citywide Catch Basins Rehabilitation, Project No. 21001
2. Date of completion: February 9, 2023
3. Street address or legal description of the project site: Citywide locations, San Clemente, CA 92672
4. Name of owner: City of San Clemente
5. Interest or estate of owner: City of San Clemente
6. Address of owner: 910 Calle Negocio, San Clemente, CA 92673
7. Name and address of contractor: Cheloletty Engineering, 17931 Lincoln St. , Villa Park, CA 92861
I am the Public Works Director/City Engineer 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. ________________________________________
Kiel Koger, Public Works Director/City Engineer
City of San Clemente
204
AGENDA REPORT
CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 9/20/2022 Agenda Item: 4F
Department: Public Works
Prepared By: Amir K. Ilkhanipour, Principal Civil Engineer Subject:
CONSTRUCTION CONTRACT AWARD TO CHELOLETTY ENGINEERING FOR THE CITYWIDE CATCH BASINS REHABILITATION, CIP PROJECT NO. 21001
Fiscal Impact:
Yes. The estimated total construction cost of $178,000 is within the available approved project budget of $180,000 from the Storm Drain Depreciation Reserve fund, CIP Project No. 21001.
Summary:
Staff recommends approval of a construction contract with Cheloletty Engineering, in the amount of $148,600 (i.e. base bid and selected alternate items), for the Citywide Catch Basin Rehabilitation.
Background:
Catch basins are vital components of the storm drain systems throughout the City. Some of these catch basins are in need of repair to improve their useful life and prevent flooding. The proposed project will replace and reconstruct existing catch basins decks, sidewalks, curb and gutter within the catch basin repair areas at various locations in the City of San Clemente.
On July 19, 2022, City Council rejected all bids and directed staff to revise the bid package and re-bid the project (Attachment 2). A new bid package for the Citywide Catch Basin Rehabilitation project was re-advertised for competitive bidding on the PlanetBids website. The new bid package included alternative bid items that could be added to the base bid, at the City’s discretion, at the time of contract award. Four bids were received on August 23, 2022, ranging from $123,000 to $198,900 (i.e. base bid), as shown on Attachment 3. The lowest responsive bidder was Cheloletty Engineering of Villa Park, California, at $123,000.
Based on the low base bid and selected alternate bid items, the construction cost is estimated as follows:
Construction Management, Administration $15,000
Construction Contract 148,600
Contingency (10%) 15,000
Total Estimated Construction Costs $178,600
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 4). Project plans and specifications are on file in the City Clerk's Office.
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ATTACHMENT 3
205
Meeting Date: 9/20/2022 Agenda Item: 4F
Plan and Policy Consistency:
The project is consistent with the following General Plan Goals and Policies:
· Urban Design - Maintenance Goal: Achieve a sustained level of maintenance and improvement of properties, buildings, landscaping and infrastructure that protects values, encourages additional public and private investments and promotes San Clemente’s high quality of life. · Policy UD-4.06. Maintenance of Infrastructure and Public Realm. As resources allow, we maintain and where appropriate, improve infrastructure and the public realm, including landscaping, sidewalks, signage, furniture and other streetscape elements.
Council Strategy:
The project is consistent with Council Strategy 3 - Update and maintain infrastructure that reflects best available technology and service in that the projects maintains City infrastructure.
Recommended Actions:
Staff Recommendation
Approve, and authorize the Public Works Director/City Engineer to execute, Contract No. ______, by and between the City of San Clemente and Cheloletty Engineering, in the amount of $148,600, for the Citywide Catch Basin Rehabilitation, CIP Project No. 21001.
Attachment:
1. Location Map
2. Staff Report dated July 19, 2022
3. Bidders' List
4. Contract
Notification:
None.
CITY OF SAN CLEMENTE Page 2 of 2 Printed on 9/15/2022
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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: 2/21/2023 Agenda Item: J.
Department: Finance and Administrative Services
Prepared By Jake Rahn, Financial Services Officer
Subject:
PURCHASE OF POLICE SERVICES FLEET VEHICLE TO REPLACE FLEET VEHICLE NUMBERS 2010 & 2072
Fiscal Impact:
The cost to purchase the Police Services Fleet Replacement Van is $59,725, $47,120 of which is available in the Fleet Reserve Fund and $12,605 is requested to be appropriated from the Fleet Replacement Fund.
Summary:
Staff is recommending City Council approve the purchase of a 2024 Chevrolet Express Van to replace two Police Services Fleet Vehicles that have exceeded their expected service life and, more importantly, fail to perform certain essential functions, and approve a supplemental appropriation of $12,605 to complete the purchase.
Background:
City vehicles are assigned a useful life between 7 to 15 years based on industry standards and historical information collected by the Fleet Maintenance operations group (Fleet). During the service life, Fleet assesses mileage, age, and overall mechanical condition. Each vehicle is assigned a replacement amount determined by purchase price, expected useful life, and inflation. These funds accumulate in the Fleet Replacement Reserve account and are appropriated into the Fleet Automotive Equipment Account annually. Funds for replacement vehicles are budgeted during the annual budget process. If a replacement determination is made, the acquisition of a new vehicle is funded from the Fleet Replacement Reserve.
More important than the age of the vans is their capacity and condition fall short of possessing operable features upon which OCSD relies when using them. Specifically, the cargo areas of the vans are inadequate for hauling larger items such as tables, chairs, storage boxes and other items that need to be transported, and one of the van’s rear doors is inoperable and can’t be utilized to access the cargo area.
Discussion:
Police Services has two six passenger vans used by the crime prevention specialist team for hauling equipment to/from neighborhood watch events and other community outreach events. The vans are also used for staff transportation to and from numerous city planned events and unplanned incidents such as protests, civil unrest, etc. The cargo areas of the vans are inadequate for hauling larger items such as tables, chairs, storage boxes and other items that need to be transported, and one of the van’s rear doors is inoperable and cannot be utilized to access the cargo area. One van was purchased in 2003, the other in 2005. Police Services evaluated the mechanical condition and CITY OF SAN CLEMENTE Page 1 of 2 Printed on 2/16/2023
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Meeting Date: 2/21/2023 Agenda Item: J.
purchased in 2003, the other in 2005. Police Services evaluated the mechanical condition and operational capacity of both vans, and determined to replace the two vans with one larger 15 passenger van. A larger 15 passenger van (with rear row removed) allows more cargo to be transported, and more efficient troop transportation. The new passenger van will provide current safety features, improve deployment logistics, have towing capability, vehicle reliability, and include a factory warranty.
Staff solicited for the replacement van on Planet Bids and received one quote from Winner Chevrolet for $59,725.
Staff is requesting City Council to approve the purchase of the larger 15 passenger van at this time instead of next fiscal year due to the age, condition, and operational limitations of the current vans.
The new van will be utilized at city planned events and community outreach events, such as, “Coffee with a Cop” that take place during this fiscal year. In addition, the crime prevention specialist will utilize the new van while promoting the Neighborhood Watch Program.
Recommended Actions:
Staff Recommendation
Staff Recommends that the City Council:
1. Approve the purchase of a 2024 Chevrolet Express van from Winner Chevrolet from the Fleet Replacement Reserve for replacement of Fleet vehicle numbers 2010 & 2072.
2. Authorize a supplemental appropriation in the amount of $12,605 to the Fleet Automotive Equipment Account #065-824-45600 from the Fleet Replacement Fund balance.
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: 2/21/2023 Agenda Item: K.
Department: Public Works
Prepared By: Randy Little, Maintenance Manager
Subject:
FIRST AMENDMENT TO MAINTENANCE SERVICES AGREEMENT WITH ED STEWART AND
ASSOCIATES FOR INSPECTION AND CLEANUP OF ABANDONED PROPERTY AND REFUSE Fiscal Impact:
Staff recommends amending an existing contractual services contract from $30,000 to a not-toexceed amount of $110,000. The additional services would be funded from salary savings in the existing FY 2022-2023 operating budget and would be included in future base FY operating budgets.
Summary:
Staff recommends the City Council approve, and authorize the City Manager to execute, Amendment No. 1 to the contract with Ed Stewart and Associates, Inc. to provide inspection and clean up services for abandoned property and refuse on the days the City is closed; Dark Fridays, Saturdays, Sundays, and Holidays.
Background:
Public Works has been funding clean-ups of abandoned property and refuse using supplemental funds of base contracts not otherwise intended for this purpose. This funding source, originally intended to meet service needs associated with special community events and emergency issues is inadequate to address the critical need of cleaning up abandoned property and refuse.
Discussion:
At the February 7, 2023 City Council meeting, the Interim City Manager provided the City Council an action plan for addressing the city’s anti-camping code compliance and associated public property maintenance efforts.
One of the identified challenges presented was the deficiency in weekend coverage. The immediate action plan addressed that deficiency, and directed Public Works staff to solicit bids for a contract that allows us to assign weekend crews to proactively monitor areas at and around North Beach each weekend.
Staff solicited verbal proposals from four City maintenance contractors. Ed Stewart and Associates, Inc. had the low bid at $55.00 an hour, and included a truck to perform the service.
The contract amendment increases the Scope of Work and provides funding to proactively monitor and address abandoned property, refuse, human waste and other residual debris. This contract can also be utilized for clean-up of trash that does not qualify as abandoned property.
The services will be provided on the days the City is closed; Dark Fridays, Saturdays, Sundays, and CITY OF SAN CLEMENTE Page 1 of 2 Printed on 2/16/2023
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Meeting Date: 2/21/2023 Agenda Item: K.
The services will be provided on the days the City is closed; Dark Fridays, Saturdays, Sundays, and Holidays. The contract amendment will be funded by salary savings for the remaining fiscal year.
Funds for subsequent fiscal years will be subject to approval through the annual budget process.
Recommended Actions:
Staff Recommendation
STAFF RECOMMENDS THAT the City Council approve, and authorize the City Manager to execute Amendment No. 1 to Contract AC-1126 by and between the City of San Clemente and Ed Stewart and Associates, Inc.
Attachments:
1. Amendment No. 1 to the Maintenance Services Agreement with Ed Stewart and Associates, Inc.
2. Maintenance Services Agreement with Ed Stewart and Associates, Inc.
Notification:
None.
CITY OF SAN CLEMENTE Page 2 of 2 Printed on 2/16/2023
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ATTACHMENT 1
55452.01100\31090125.5
FIRST AMENDMENT TO
AGREEMENT FOR MAINTENANCE SERVICES
This First Amendment to the Agreement for Maintenance Services (this “First Amendment”) is made and entered into on this _____ day of February, 2023, by and between the City of San Clemente, a California municipal corporation (“City”), and Ed Stewart and Associates, Inc., a California Corporation (“Contractor”).
RECITALS
A. City and Contractor entered into that certain Agreement for Maintenance Services (the “Agreement”) on December 5, 2022.
B. City and Contractor desire to amend the Agreement by revising the scope of work and increasing the total compensation not to exceed amount to One Hundred Ten Thousand Dollars ($110,000).
COVENANTS
Section 2: Section 2.2 of the Agreement titled “Project” is hereby replaced in its entirety with the following:
2.2 Project
City desires to engage Contractor to render such as-needed spot pressure washing services in the downtown area on El Camino Real from Palizada to Presidio (both sides of street from business store front to curb and on Avenida Del Mar from El Camino Real south continuing on Victoria and ending at Cazador (both sides of street from business store front to curb) as set forth in this Agreement.
City also desires to engage Contractor to render such as-needed inspection and clean up services for abandoned property and refuse on days the City is closed, Dark Fridays, Saturdays/Sundays and Holidays.
Section 3: Section 3.1.1 of the Agreement titled “General Scope of Services” is hereby replaced in its entirety with the following:
3.1.1 General Scope of Services
Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the pressure washing maintenance services and inspection and clean up services for abandoned property and refuse, as necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" and Exhibit “A-1” attached hereto and incorporated herein 211
55452.01100\31090125.5
by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.
Section 3: Section 3.2.2 of the Agreement titled “Schedule of Services” is hereby replaced in its entirety with the following:
3.2.2 Schedule of Services
Contractor shall perform the Services expeditiously, within the term of this Agreement, and In accordance with the Schedule of Services set forth in Exhibit "B" and Exhibit “B-1” attached. hereto and incorporated herein by reference, Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions, In order to facilitate Contractor's conformance with the Schedule, City shall respond to Contractor's submittals in a timely manner, Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.
Section 3: Section 3.3.1 of the Agreement titled “Compensation” is hereby replaced in its entirety with the following:
3.3.1 Compensation.
The total compensation shall not exceed One Hundred Ten Thousand Dollars ($110,000) without written approval of City’s City Manager. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.
Except as expressly amended by this First Amendment, the remaining portions of the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to be duly executed on the respective dates set forth opposite of their signatures.
212
55452.01100\31090125.5
CITY OF SAN CLEMENTE
By: ______________________________
Its: _ _________________________
Dated: __________________, 2023
ATTEST:
______________________________
CITY CLERK of the City of
San Clemente, California
APPROVED AS TO FORM:
BEST BEST & KRIEGER
____________________________
City Attorney
APPROVED AS TO AVAILABILITY
OF FUNDING:
________________________________
Finance Authorization
ED STEWART AND ASSOCIATES, INC.
(“CONTRACTOR”)
By: _____________________________
Signature
Its: _ _________________________
Title
Dated: __________________, 2023
213
55452.01100\31090125.5
EXHIBIT A-1
E. Stewart and Associates, Inc.
1000 Calle Negocio
i) San Clemente, CA 92673
(949) 498-9250
ii) FAX (949) 498-4961
February 15, 2023
Rick Milam, Supervisor
Maintenance Operations
City of San Clemente
390 Avenida Pico, Bldg. A
San Clemente, CA 92672
Proposal for Debris Removal & Pressure Washing
Avenida Del Mar, North Beach and Pier Bowl
Scope of work:
Provide after hours, dark Friday and holiday inspections of debris removal and pressure washing at Avenida Del Mar, North Beach and the Pier Bowl in accordance with Code Compliance and Orange County Sheriff’s Department regulations.
This proposal is for inspections only, whereas any debris removal will be at the request of Code Compliance or O.C.S.D.
This is not a prevailing wage contract. Compensation would be $35.00 per hour per man, plus $20 per hour for a truck. Scope of work to be recognized as janitorial services.
Inspections to be performed in the morning.
Please call, should you have questions or require further information.
Sincerely,
Ed Stewart
214
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EXHIBIT "B-1"
SCHEDULE OF MAINTENANCE SERVICES
PERFORM SERVICES LISTED IN EXHIBIT "A-1" ON AN AS-NEEDED BASIS. ALL WORK SHALL BE PERFORMED MONDAY THROUGH SUNDAY AND ALL HOLIDAYS. HOURS FOR WORK WILL BE FROM 7AM TO 5PM. ACTUAL HOURS MAY VARY AND TO BE DETERMINED BY THE CITY’S MAINTENANCE MANAGER. 215
ATTACHMENT 2
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