San Clemente City Council
May 2, 2023

Agenda
5-2-23.PDF
Meeting Materials
7A(1) - CITY COUNCIL REGULAR MEETING MINUTES 4.18.23.PDF 7A(2) - CITY COUNCIL SPECIAL MEETING MINUTES 4.24.23 AB-1234 TRAINING.PDF
7A(3) - CITY COUNCIL SPECIAL MEETING MINUTES 4.24.23.PDF 7C(1) - CERTIFICATION OF WARRANTS 4.14.23.PDF
7C(2) - CERTIFICATION OF WARRANTS 4.21.23.PDF
7D - EMERGENCY CONSTRUCTION CONTRACT AT WATER RECLAMATION PLANT.PDF
8A - WEED ABATEMENT.PDF
8B - CODE AMENDMENT TO CHAPTER 3.40.030 OF THE CODE OF THE CITY OF SAN CLEMENTE RELATING TO A LOCAL VENDOR PREFERENCE.PDF 8C- RICHARD T. STEED MEMORIAL PARK.PDF
8C- RICHARD T. STEED MEMORIAL PARK_PART1.PDF
8C- RICHARD T. STEED MEMORIAL PARK_PART2.PDF
9A - FIRST AMENDMENT TO CONTRACT FOR HOUSING ELEMENT REZONING PROGRAM.PDF
10A - MINI GOLF FACILITY VISTA HERMOSA SPORTS PARK LEASE LAND.PDF
10B - WASTEWATER (SEWER) UTILITY COST OF SERVICE STUDY.PDF 10C - UPDATE ON COASTAL ADMINISTRATOR POSITION.PDF
13A(1) - RESIGNATION OF ANGELINE JOHNSON FROM THE HUMAN AFFAIARS COMMITTEE.PDF

1. Documents:

2. Documents:

CITY OF SAN CLEMENTE
Tuesday, May 2, 2023
City Council
Regular Meeting Agenda
6:00 - Business Meeting
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
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.

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

City Council Regular Meeting Agenda May 2, 2023

BUSINESS MEETING (6:00 P.M.)

CALL TO ORDER
INVOCATION – Executive Pastor Matt McGill, Pacific Coast Church San Clemente

PLEDGE OF ALLEGIANCE

ROLL CALL

1. Special Presentations
A. Employee Service Awards
Presentation by City Manager Hall recognizing Andy Flores, Andrew Vick, Ryan Peralta, Scott Pierce and Megan Jimenez as the 2023 Core Values Award Recipients and Andy Flores as the 2023 Employee of the Year, and recognizing Larry Isaac for 45 years of service to the City.

B. Presentation of Proclamation - Drowning Prevention Awareness Presentation of Proclamation to Orange County Fire Authority Division Chief Maule, setting apart April 9-15, 2023 as Drowning Prevention Awareness Season.

C. Army Corps of Engineers - Sand Replenishment
Presentation by Doland Cheung, Project Manager, Programs and Project Management Division, concerning the upcoming San Clemente Sand Nourishment Project.

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
City Council Regular Meeting Agenda May 2, 2023

6. Staff Communications

7. 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 APRIL 18, 2023.
(2) APPROVE THE CITY COUNCIL SPECIAL MEETING MINUTES OF APRIL 24, 2023 (AB- 1234 TRAINING).
(3) APPROVE THE CITY COUNCIL SPECIAL MEETING MINUTES OF APRIL 24, 2023.

B. Commission/Committee Minutes
None.

C. Warrant Register
(1) APPROVE WIRE TRANSFER NOS.
2833 THROUGH 2834 AND WARRANT NOS.
587571 THROUGH 587723, PAID ON
4-14-23, IN THE AMOUNT OF $1,261,718.65
(2) APPROVE WIRE TRANSFER NOS.
2835 THROUGH 2840 AND WARRANT NOS.
587724 THROUGH 587883, PAID ON
4-21-23, IN THE AMOUNT OF $2,029,730.89
TOTAL WARRANT REGISTER $3,291,449.54
Payroll Register
WARRANT NO. 901, AUTOMATIC DEPOSIT
ADVISES 85176 THROUGH 85464,
FOR THE PERIOD 4-3-23 THROUGH
4-16-23, PAID ON 4-21-23, IN THE
AMOUNT OF $448,930.58
TOTAL PAYROLL REGISTER $448,930.58
City Council Regular Meeting Agenda May 2, 2023

D RATIFICATION OF EMERGENCY CONTRACT - REPLACEMENT OF

INDUSTRIAL DUTY DOOR AT WATER RECLAMATION PLANT
Staff Recommendation

1. Make a finding that an emergency existed due to the failure of the industrial duty rolling steel door and operator at the Water Reclamation Plant which required immediate action to protect public health and safety by maintaining permit compliance, that might have otherwise occurred if required to incur delays attributed to the typical engineering design and public competitive bidding process.

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

3. Adopt Resolution No. 23-22 entitled A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, RATIFYING

EMERGENCY CONSTRUCTION CONTRACT WITH VORTEX
INDUSTRIES, LLC. FOR REPLACEMENT OF INDUSTRIAL DOOR AND OPERATOR AT WATER RECLAMATION PLANT.

4. Approve, and authorize the City Manager to execute, Contract No. C23-19, by and between the City of San Clemente and Vortex Industries LLC., providing for replacement of industrial duty door at the Water Reclamation Plant, in an amount not to exceed $23,700.

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

A WEED ABATEMENT 2023 - ORDER TO ABATE NUISANCES BY HAVING

WEEDS, RUBBISH, AND REFUSE, REMOVED FROM VACANT AND

UNOCCUPIED, DEVELOPED PROPERTIES AND FINDING THE PROJECT

CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT (CEQA) UNDER SECTIONS 15301, 15308, AND 15321 OF

THE CEQA GUIDELINES
Public Hearing to consider all objections or protests, if any, to the proposed abatement of weeds, rubbish, refuse, and dirt upon the streets, sidewalks, parkways and private property within the City of San Clemente and a categorical exemption for the project under CEQA.

Staff Recommendation
City Council Regular Meeting Agenda May 2, 2023

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

OF THE CITY OF SAN CLEMENTE, CALIFORNIA, ORDERING THE

DIRECTOR OF COMMUNITY DEVELOPMENT TO ABATE THE NUISANCES

BY HAVING WEEDS, RUBBISH, REFUSE AND DIRT REMOVED FROM

VACANT PROPERTIES AND UNOCCUPIED, DEVELOPED PROPERTIES

WITHIN THE CITY, NOTIFYING THE STATE, COUNTY, OR ANY OTHER

PUBLIC AGENCY AND FINDING THE PROJECT CATEGORICALLY EXEMPT

FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER SECTIONS 15301, 15308, AND 15321 OF THE CEQA GUIDELINES (14 CCR § 15301(h), CLASS 1: EXISTING FACILITIES, 15308, CLASS 8: ACTIONS BY

REGULATORY AGENCIES FOR PROTECTION OF THE ENVIRONMENT,
AND 15321, CLASS 21: ENFORCEMENT ACTIONS BY REGULATORY
AGENCIES).

B. CODE AMENDMENT - LOCAL VENDOR PREFERENCE
Public Hearing concerning consideration of adopting a Local Vendor Preference Ordinance, which would establish a local vendor preference of seven percent for professional and other contractual services.

Staff Recommendation
Introduce Ordinance No. 1750 entitled AN ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, AMENDING AND REPLACING SAN CLEMENTE MUNICIPAL CODE TITLE 3 REVENUE AND FINANCE, CHAPTER 3.40, SECTION 3.40.030 RELATING TO A LOCAL VENDOR PREFERENCE.

C. RICHARD T. STEED MEMORIAL PARK/BARON VON WILLARD DOG PARK

MASTER PLAN UPDATE, CERTIFICATION OF INITIAL STUDY AND

ADOPTION OF MITIGATED NEGATIVE DECLARATION AND MITIGATION,

MONITORING AND REPORTING PROGRAM FOR THE PROJECT
LINK TO PART 2 OF AGENDA REPORT
Public Hearing to consider the adoption of a site-specific master plan update to Richard T. Steed Memorial Park, certification of the Initial Study and adoption of a Mitigated Negative Declaration, Monitoring and Reporting Program.

Staff and the Beaches, Parks and Recreation Commission Recommendation

1. Approve the update to the Richard T. Steed Memorial Park Master Plan with the modification that lights be considered at the pickleball courts in future development.

Staff Recommendation

1. Adopt Resolution No. 23-24 entitled A RESOLUTION OF THE CITY City Council Regular Meeting Agenda May 2, 2023

COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, CERTIFYING

AN INITIAL STUDY, ADOPTING A MITIGATED NEGATIVE DECLARATION

AND ADOPTING A MITIGATION, MONITORING AND REPORTING
PROGRAM FOR THE RICHARD T. STEED MEMORIAL PARK/BARON
VON WILLARD DOG PARK MASTER PLAN UPDATE.

2. Adopt Resolution No. 23-25 entitled A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, ADOPTING THE RICHARD T. STEED MEMORIAL PARK MASTER PLAN, MAKING A

FINDING OF COMPLIANCE WITH THE SAN CLEMENTE CENTENNIAL
GENERAL PLAN AND AMENDING RESOLUTION NO. 03-32.

9. Unfinished Business
A. APPROVAL OF A FIRST AMENDMENT TO THE PROFESSIONAL

CONSULTANT SERVICES AGREEMENT WITH PRECISION CIVIL
ENGINEERING, INC. FOR THE HOUSING ELEMENT REZONING PROGRAM Staff Recommendation

1. Adopt Resolution No. 23-26 entitled A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA,

AUTHORIZING THE CITY MANAGER TO PREPARE AND EXECUTE THE

FIRST AMENDMENT TO THE PROFESSIONAL CONSULTANT SERVICES AGREEMENT BETWEEN PRECISION CIVIL ENGINEERING, INC. AND

THE CITY OF SAN CLEMENTE FOR PLANNING CONSULTING SERVICES TO IMPLEMENT THE HOUSING ELEMENT REZONING PROGRAM.

2. Approve, and authorize the City Manager to execute, Amendment No. 1 to Contract No. AC-1099, by and between the City of San Clemente and Precision Civil Engineering, Inc., providing for the Housing Element Rezoning Program. This amendment increases the contract amount from $50,000 to an amount not to exceed $104,000 (an increase of $54,000).

10. New Business
A. CONSIDERATION OF PARK LEASE AGREEMENT FOR MINI GOLF

FACILITY - VISTA HERMOSA SPORTS PARK LEASE LAND
Staff Recommendation
Adopt Resolution No. 23-27 entitled A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF SAN CLEMENTE, CALIFORNIA, AUTHORIZING

EXCLUSIVE NEGOTIATIONS WITH SALTY TURF LLC FOR THE
DEVELOPMENT AND LEASE OF CITY PROPERTY AT 987 AVENIDA VISTA HERMOSA.

City Council Regular Meeting Agenda May 2, 2023

B. CONSIDERATION OF WASTEWATER (SEWER) UTILITY COST OF SERVICE

STUDY AND SCHEDULING OF A PUBLIC HEARING ON SEWER RATES Staff Recommendation

1. Direct staff to revise and finalize the Cost of Service Study utilizing option 2, and approve the final study as so revised for public review.

2. Direct staff to proceed with the Public Hearing Notice (Proposition 218 Notice) and scheduling of such hearing.

3. Adopt Resolution No. 23-28 entitled A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, DIRECTING

CITY STAFF TO SEND A NOTICE OF PUBLIC HEARING PURSUANT TO PROPOSITION 218 AND SCHEDULING A PUBLIC HEARING ON SEWER RATES.

C. UPDATE ON COASTAL ADMINISTRATOR POSITION
(Agendized at the April 4, 2023 City Council meeting by Councilmember Cabral, with the support of Council.)
Staff Recommendation

1. Further direct the City Manager to complete the creation of the job description for the Coastal Administrator position and begin the recruitment process to allow the new employee to be hired shortly after adoption of the Municipal Budget.

2. Receive and file the Administrative Report dated May 2, 2023 and on file with the City Clerk.

11. 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.

12. Future Agenda Items
City Council Regular Meeting Agenda May 2, 2023

13. Reports
A. Commissions and Committees
(1) RESIGNATION OF ANGELINE JOHNSON FROM THE HUMAN

AFFAIRS COMMITTEE
Staff Recommendation

1. Accept the resignation of Angeline Johnson from the Human Affairs Committee, with regret.

2. Provide direction to Staff to solicit applications to fill the remainder of Ms. Johnson’s term (June 2024).

B. Council Subcommittee Updates
C. Council Members
D. City Attorney
E. City Manager

14. Adjournment
The next Regular Council Meeting is scheduled to take place on May 16, 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
May 16, 2023: Commercial Vehicle Parking
City Council Regular Meeting Agenda May 2, 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.

CITY OF SAN CLEMENTE
Tuesday, April 18, 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 - Closed Session
6:00 - 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 April 18, 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: Andy Hall, City Manager; Elizabeth Mitchell, City Attorney; Laura Campagnolo, City Clerk; Megan Jimenez, Deputy City Clerk

CLOSED SESSION
Concerned resident, San Clemente, narrated a video concerning the impact of pickleball in the San Gorgonio Park neighborhood.

Amanda Q narrated a PowerPoint presentation concerning the Notice of Availability for Richard T. Steed Memorial Park California Environmental Quality Act comment period. A hard copy of the presentation is on file with the City Clerk.

Motion by Councilmember James, second by Mayor Pro Tem Knoblock, CARRIED 5-0, to recess to Closed Session at 5:06 p.m. to discuss the following:

A. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
AUTHORITY: GOVERNMENT CODE SECTION 54956.9(a), (d)(1)
Number of Cases: 2
CASE NAME: Laura Ferguson v. City of San Clemente, et al.

Orange County Superior Court Case No. 30-2021-01221022-CU-WM-CJC CASE NAME: American Medical Response West v. Cal. Dept. of Health Care Services, et al.

Sacramento County Superior Court Case No. 34-2021-80003757

1 Agenda Item: 7A(1)
City Council Regular Meeting Minutes April 18, 2023
B. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION AUTHORITY: GOVERNMENT CODE SECTION 54956.9(a), (d)(2)
Number of Cases: 2
US Navy CERCLA claim - arising out of operation of a skeet shooting range and alleged lead contamination on federal property.

Pickleball Court Nuisance Claim - claims of private and public nuisance, failure to notice, CEQA violation and injunction arising out of pickleball courts at San Gorgonio Park.

AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None
Council concluded Closed Session at 5:37 p.m.

BUSINESS MEETING
The Business Meeting began at 6:00 p.m. with all Councilmembers present.

INVOCATION
Pastor Mike Fanning, Heritage Christian Fellowship, gave the invocation.

PLEDGE OF ALLEGIANCE
Rick Divel led the Pledge of Allegiance.

1. Special Presentations
A. Presentation of Commendation - San Clemente Historical Society 50th Anniversary
Mayor Duncan presented a commendation to Larry Culbertson and Katie Potts, San Clemente Historical Society, City Matriarch Lois Divel and City Patriarch Rick Divel, in honor of the Historical Society’s 50th Anniversary.

B. Presentation of Proclamation - San Clemente Elks Lodge - Youth Week Mayor Duncan presented San Clemente Elks Lodge representatives Beth Apodaca and Michael Turner, with a Proclamation, proclaiming May 1-7, 2023 as Youth Week.

C. March Update on the Homeless Issue
Deputy Community Development Director Atamian narrated a PowerPoint presentation entitled "Community Outreach & Engagement Monthly Report - March 2023" and responded to Council inquiries. A hard copy of the presentation is on file with the City Clerk.

2 City Council Regular Meeting Minutes April 18, 2023
Following discussion, Council requested future Community Outreach and Engagement monthly reports include the number of individuals placed in housing that return to being homeless and the number of individuals placed in housing that are no longer under case management by the City.

Nancy McIntyre, San Clemente, urged Council to work with organizations for permanent supportive housing and affordable housing in San Clemente.

Stuart Anderson, San Clemente, encouraged Council to pursue additional options such as shelters or alternative sleeping locations within San Clemente to address homelessness.

Jacky Trani, San Clemente, opined on the need for supportive housing and safe parking sites with mental health assistance for the homeless.

Lucia Bonnaud, San Clemente, urged leadership from Council to provide compassionate care and assistance for the homeless.

Denise Fleury, San Clemente, opined that San Clemente needs a comprehensive plan to provide housing and support services for the homeless.

Kathy Esfahani, San Clemente Housing Coalition, opined on solutions for homelessness and the need for additional resources for south Orange County.

Donna Vidrine, San Clemente, encouraged the City to come together and work towards a solution for a coordinated comprehensive plan concerning homelessness.

Maura Mikulec shared statistics regarding homelessness and housing in Orange County.

Shelley Moore commented on the homeless in San Clemente and liability to the City.

Michelle Brooks opined that the City needs assistance from the County and State to address homelessness; suggested Council needs to hear from all residents regarding the homeless.

Jill Watson spoke on arrest reports and crimes committed in San Clemente; opined that many homeless individuals are from out of area.

Sara Martin opined that the homeless and service resistant individuals need to be addressed; expressed safety concerns with activities at the beaches in San Clemente.

Cord Bauer, San Clemente, opined that the City is understaffed when it comes to sheriff deputies; voiced concern with the negative impacts to City staff and residents as a result of feeding the homeless.

3 City Council Regular Meeting Minutes April 18, 2023
Reorganization of Agenda
Motion by Councilmember James, second by Councilmember Cabral, CARRIED 5-0, to move agenda item 9A - City Council Consideration and Direction on the North Beach Placemaking Plan before the Consent Calendar. For a summary of action please see page 11 of these minutes.

AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None
Council agreed to consider item 9D - Consideration of Adopting a Resolution in Opposition to California Assembly Bill (AB) 1078 ahead of the Consent Calendar. For a summary of action please see page 14 of these minutes.

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

2. Oral Communications (Part 1)
Concerned resident, San Clemente, spoke concerning the Richard T. Steed Memorial Park California Environmental Quality Act (CEQA); suggested that Council and the Beaches, Parks and Recreation Commission were not aware of the comment period.

Jim Gilbert, San Clemente, commented on the status of the expansion of skate facilities at San Gorgonio Park and Richard T. Steed Memorial Park.

Rey Harju, San Clemente, narrated a PowerPoint presentation regarding safety concerns occurring at North Beach. A hard copy of the presentation is on file with the City Clerk.

Christopher Butler, San Clemente, commented on safety concerns related to homeless individuals in North Beach; spoke in support of private security.

Susan Ambrose, San Clemente, commented on the reopening of the railway in San Clemente; opined that the City should utilize federal infrastructure funds to address erosion concerns.

Judy Jones, San Clemente, recognized the City on the efforts to become Tree City USA certified; urged Council to update the Climate Action Plan.

Mikii Rathmann, San Clemente, spoke on the downtown businesses, noted the positive impact of the green line trolley and train service have on businesses.

Lois McNicoll opined that the San Clemente Police Services has call priorities; urged Council to vote for a private security company.

Charles Bolt, San Clemente, commented on the need for a miniature golf course

4 City Council Regular Meeting Minutes April 18, 2023
in San Clemente.

Jill Watson, San Clemente, urged Council to hire a private security firm.

Joan Luke, San Clemente, spoke on community safety concerns and metrics on safety.

Dennis Grimes, San Clemente, spoke on the homeless in San Clemente and mental health concerns.

3. Motion waiving reading in full of all Resolutions and Ordinances Motion by Councilmember James, second by Mayor Pro Tem Knoblock, 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 Motion by Councilmember James, second by Councilmember Cabral, CARRIED 5-0, to receive information concerning the slope failure at Casa Romantica. This was agendized based on the need to take immediate action and the fact that the need for action arose subsequent to the agenda being posted, and action needed to be taken prior to the next Regular Council Meeting.

AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None
Casa Romantica Slope Failure
Public Works Director/City Engineer Koger provided an update to Council concerning the slope failure at Casa Romantica and the efforts the City is undertaking to mitigate the damage and make necessary repairs.

Concerned resident read a statement on behalf of Casa Romantica regarding the slope failure and impacts to daily operations.

5. Closed Session Report - City Attorney
City Attorney Mitchell announced that the following action was taken in Closed Session:

Council gave direction; no reportable action concerning:

CASE NAME: Laura Ferguson v. City of San Clemente, et al.

Orange County Superior Court Case No. 30-2021-01221022-CU-WM-CJC Council gave direction; no reportable action concerning:

5 City Council Regular Meeting Minutes April 18, 2023
CASE NAME: American Medical Response West v. Cal. Dept. of Health Care Services, et al.

Sacramento County Superior Court Case No. 34-2021-80003757 Council gave direction; no reportable action concerning:

US Navy CERCLA claim - arising out of operation of a skeet shooting range and alleged lead contamination on federal property.

Council gave direction; no reportable action concerning:

Pickleball Court Nuisance Claim - claims of private and public nuisance, failure to notice, CEQA violation and injunction arising out of pickleball courts at San Gorgonio Park.

6. Consent Calendar
Items 6D and 6H were removed from the Consent Calendar for discussion.

A. City Council Minutes
Motion by Mayor Pro Tem Knoblock, second by Councilmember James, CARRIED 5-0, to:
(1) APPROVE THE CITY COUNCIL REGULAR MEETING MINUTES OF APRIL 4, 2023.

AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None
B. Commission/Committee Minutes
Motion by Mayor Pro Tem Knoblock, second by Councilmember James, CARRIED 5-0, to receive and file:
(1) DESIGN REVIEW SUBCOMMITTEE REGULAR MEETING MINUTES OF MARCH 15, 2023.
(2) PLANNING COMMISSION REGULAR MEETING MINUTES OF MARCH 22, 2023.

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

6 City Council Regular Meeting Minutes April 18, 2023
C. Warrant Register
Motion by Mayor Pro Tem Knoblock, second by Councilmember James, CARRIED 5-0, to:
(1) APPROVE WIRE TRANSFER NOS.
2818 THROUGH 2823 AND WARRANT NOS.
587154 THROUGH 587285, PAID ON
3-24-23, IN THE AMOUNT OF $1,307,757.39
(2) APPROVE WIRE TRANSFER NOS.
2824 THROUGH 2825 AND WARRANT NOS.
587286 THROUGH 587413, PAID ON
3-31-23, IN THE AMOUNT OF $1,165,743.86
(3) APPROVE WIRE TRANSFER NOS.
2826 THROUGH 2832 AND WARRANT NOS.
587414 THROUGH 587570, PAID ON
4-7-23, IN THE AMOUNT OF $3,068,362.11
TOTAL WARRANT REGISTER $5,541,863.36
AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None
Payroll Register
Motion by Mayor Pro Tem Knoblock, second by Councilmember James, CARRIED 5-0, to:
$442,144.22
APPROVE WARRANT NO. 900, AUTOMATIC
DEPOSIT ADVISES 84611 THROUGH 84886,
FOR THE PERIOD 3-6-23 THROUGH 3-19-23,
PAID ON 3-24-23, IN THE AMOUNT OF

APPROVE AUTOMATIC DEPOSIT ADVISES
84887 THROUGH 85175, FOR THE PERIOD
$461,618.92
3-20-23 THROUGH 4-2-23, PAID ON 4-7-23,

IN THE AMOUNT OF
TOTAL PAYROLL REGISTER $903,763.14
AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None

7 City Council Regular Meeting Minutes April 18, 2023
E. GRANT FUNDING APPLICATION - CERTIFIED LOCAL GOVERNMENT GRANT TO UPDATE THE 2006 HISTORIC RESOURCES SURVEY
Motion by Mayor Pro Tem Knoblock, second by Councilmember James, CARRIED 5-0, to Adopt Resolution No. 23-18 entitled A RESOLUTION OF THE

CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA,

AUTHORIZING SUBMITTAL OF AN APPLICATION TO THE CALIFORNIA

OFFICE OF HISTORIC PRESERVATION FOR A CERTIFIED LOCAL
GOVERNMENT GRANT TO UPDATE THE 2006 HISTORIC RESOURCES

SURVEY BY CONDUCTING A FIELD SURVEY OF PREVIOUSLY IDENTIFIED

HISTORIC PROPERTIES AND UPDATING THEIR ASSOCIATED
DEPARTMENT OF PARKS AND RECREATION (DPR) FORMS.

AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None
F. GROUND EMERGENCY MEDICAL TRANSPORTATION PROGRAM

PARTICIPATION
Motion by Mayor Pro Tem Knoblock, second by Councilmember James, CARRIED 5-0, to approve, and authorize the City Manager to initiate participation in the Public Providers Ground Emergency Medical Transport Intergovernmental Transfer Program.

AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None
G. FINAL PARCEL MAP 2020-121, 411 AVENIDA VICTORIA, DUPLEX

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

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

2. Approve the Final Parcel Map 2020-121 as it conforms to the requirements set forth in the Subdivision Map Act and the previously approved Tentative Parcel Map.

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

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

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

8 City Council Regular Meeting Minutes April 18, 2023
I. RESCIND WATER SHORTAGE LEVEL 2 WATER ALERT, RESOLUTION NO. 22-27
Motion by Mayor Pro Tem Knoblock, second by Councilmember James, CARRIED 5-0, to adopt Resolution No. 23-20 entitled A RESOLUTION OF THE

CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA,
RESCINDING WATER SHORTAGE LEVEL 2 WATER ALERT, RESOLUTION NO. 22-27.

AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None
J. APPROVAL OF TRABUCO CANYON WATER DISTRICT (TCWD)

WITHDRAWAL AND CONTINUED SERVICES AGREEMENT WITH SOUTH

ORANGE COUNTY WASTEWATER AUTHORITY (SOCWA)
Motion by Mayor Pro Tem Knoblock, second by Councilmember James, CARRIED 5-0, to:

1. Approve, and authorize the Utilities Director to execute, Contract No. C23-17, A Continued Services Agreement, by and between the City of San Clemente and South Orange County Wastewater Authority, authorizing the Trabuco Canyon Water District withdrawl and the Continued Services Agreement with South Orange County Wastewater Authority.

2. Adopt Resolution No. 23-21 entitled A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, APPROVING

TRABUCO CANYON WATER DISTRICT (TCWD) WITHDRAWAL AND

CONTINUED SERVICES AGREEMENT WITH SOUTH ORANGE COUNTY
WASTEWATER AUTHORITY.

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

9 City Council Regular Meeting Minutes April 18, 2023

ITEMS REMOVED FROM CONSENT CALENDAR FOR DISCUSSION
D. CONTRACT AMENDMENT - HOUSING ELEMENT REZONING PROGRAM Senior Planner Toma reviewed the contents of the Administrative Report and responded to Council inquiries.

Lois McNicoll noted she had questions concerning the contract; but did not address her concerns with Council because the item was continued.

Motion by Mayor Pro Tem Knoblock, second by Councilmember James, CARRIED 5-0, to continue this item to the May 2, 2023 Regular City Council meeting.

AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None
Meeting Extended Past 11 p.m.

Motion by Councilmember James, second by Mayor Pro Tem Knoblock, CARRIED 5-0, to extend the meeting to 11:25 p.m.

AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None
H. GRANT FUNDING APPLICATION AND 20% MATCH FOR THE PICO AND

SAN CLEMENTE OUTLETS CORRIDOR RUNOFF TREATMENT
Utilities Director Rebensdorf reviewed the contents of the Administrative Report and responded to Council inquiries.

Motion by Councilmember Cabral, second by Councilmember James, CARRIED 5-0, to adopt Resolution No. 23-19 entitled A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, AUTHORIZING

AN APPLICATION FOR FUNDS FOR THE ENVIRONMENTAL CLEANUP, TIER 1 GRANT PROGRAM UNDER ORANGE COUNTY LOCAL TRANSPORTATION ORDINANCE NO. 3 FOR THE PICO AND SAN CLEMENTE OUTLETS
CORRIDOR RUNOFF TREATMENT PROJECT.

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

7. Public Hearings
None.

8. Unfinished Business
None.

10 City Council Regular Meeting Minutes April 18, 2023

9. New Business
A. CITY COUNCIL CONSIDERATION AND DIRECTION ON THE NORTH BEACH

PLACEMAKING PLAN
This item was considered earlier in the meeting please reference page 4 for a summary of action.

City Manager Hall narrated a PowerPoint presentation entitled "North Beach Placemaking Plan" and responded to Council inquiries. A hard copy of the presentation is on file with the City Clerk.

Louis Boulgaridies, San Clemente, expressed concerns regarding Gatekeepers Security lack of details in their proposal.

Susan Hennebry, San Clemente, spoke in support of hiring a private security firm.

Christopher Butler, San Clemente, spoke in support of hiring a private security firm; opined that the City should utilize a bond or measure to increase revenue/funding for addressing safety concerns.

AQ expressed concerns regarding individuals living in recreational vehicles; opined that immediate action needs to be taken regarding private security.

Kathy Esfahani, Chair, San Clemente Housing Coalition, encouraged sand replenishment and other improvements at North Beach; urged Council to not selectively enforce against homeless individuals; opined the City should invest in supportive housing.

Rona Henry, Welcoming Neighbors Home, expressed concerns regarding private security; spoke on the need for a comprehensive housing plan for the homeless.

Lois McNicoll, spoke in support of the North Beach Placemaking Plan; opined the City needs to contract for 24/7 private security.

Donna Vidrine, San Clemente, supports the North Beach Placemaking Plan.

Meeting Recessed
Council recessed the meeting at 9:00 p.m., and reconvened at 9:06 p.m. with all Councilmembers present.

George Gregory, San Clemente, opined that additional amenities and programs should be installed at North Beach.

Tawni Burns, San Clemente, spoke in support of the North Beach Placemaking Plan; opined that Gatekeepers Security presentation raised questions.

11 City Council Regular Meeting Minutes April 18, 2023
Judy Jones, San Clemente, spoke in support of the North Beach Placemaking Plan; supports permanent supportive housing.

Suzanne Ruiz opined that beach hours should be sunrise to sunset; spoke in support of hiring additional deputies.

Jill Watson, San Clemente, spoke in support of the North Beach Placemaking Plan; expressed concerns regarding conditions at North Beach.

Rey Harju spoke in support on the North Beach Placemaking Plan; provided additional suggestions for North Beach.

Shelley Moore spoke in support of the North Beach Placemaking Plan with the exception of the proposed reduced business license fee.

Michelle Brooks spoke in support of a contract for private security; opined all beaches should be closed at 10 p.m.

Jennifer Elliott, San Clemente, spoke in support of the North Beach Placemaking Plan; opined that a request for proposal should be issued for private security services.

Ryan Gunn spoke in support of the North Beach Placemaking Plan; urged Council to take action regarding public safety and uniting the community.

Susan Ambrose, San Clemente, spoke in support of the North Beach Placemaking Plan; opined that the City needs to issue a request for proposal for private security.

Motion by Councilmember Cabral, second by Councilmember James, CARRIED 5-0, to appoint Councilmember Cabral and Mayor Pro Tem Knoblock to a Private Security Subcommittee to evaluate/interview potential security firms to determine the best fit for the City. The subcommittee is to return to Council at the May 2, 2023 City Council meeting with the recommended firm to engage in a 3 month contract up to $100,000 per month. The selected security firm is to have a hold harmless agreement, name the City as an additional insured, and evaluate the training materials. Subcommittee will analyze the best practices and comprehensive solution for security to include evaluating the utilization of additional deputy's, park rangers, code enforcement officers, etc.

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

12 City Council Regular Meeting Minutes April 18, 2023
Motion by Councilmember James, second by Mayor Pro Tem Knoblock, CARRIED 5-0, to direct staff to prepare an ordinance and work towards changing beach hours to be closed from 10:00 p.m. to 4:00 a.m.

AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None
City Manager Hall to identify revenue amounts from 24 Carrots relating to the operation of Ole Hanson Beach Club and evaluate options to allow residents more access to the Ole Hanson Beach Club.

City Manager Hall to research the 7-Eleven at North Beach to potentially lease or purchase the property to the City.

Motion by Councilmember James, second by Mayor Pro Tem Knoblock, CARRIED 5-0, to receive and file the Administrative Report dated April 18, 2023.

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

B CONSIDERATION OF CITY COUNCIL MEETING SCHEDULE
MODIFICATIONS FOR THE REMAINDER OF 2023
Motion by Councilmember Cabral, second by Mayor Pro Tem Knoblock, CARRIED 5-0, to:

1. To reschedule the Regular City Council meeting of September 19, 2023 to September 14, 2023.

2. Cancel the City Council meeting of November 21, 2023.

3. To reschedule the Regular City Council meeting of December 19, 2023 to December 14, 2023.

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

13 City Council Regular Meeting Minutes April 18, 2023
C. PUBLIC SAFETY COMMITTEE REPORT REGARDING ENHANCED
FEATURES FOR 911 DISPATCH CENTER
Deputy Community Development Director Atamian and Public Safety Committee Vice Chair Hightower reviewed the contents of the Administrative Report and responded to Council inquiries.

Motion by Councilmember Cabral, second by Councilmember James, CARRIED 5-0, to receive and file the Administrative Report dated April 18, 2023, and on file with the City Clerk.

AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None
D. CONSIDERATION OF ADOPTING A RESOLUTION IN OPPOSITION TO CALIFORNIA ASSEMBLY BILL (AB) 1078
This item was considered earlier in the meeting please reference page 4 for a summary of action.

Lisa, San Clemente, spoke in support of Resolution 23-17.

Lynne Muslin, San Clemente, spoke in support of Resolution 23-17.

Michelle Morgan spoke in support of Resolution 23-17.

Patricia Freitag spoke in support of Resolution 23-17.

Trudy Podobas, San Clemente, opined that Resolution 23-17 is not City business; Council should not interfere with school board matters.

Gerald Hegger, spoke in support of Resolution 23-17.

Judy Jones spoke in opposition to Resolution 23-17.

AQ spoke in support of Resolution 23-17.

Daniel spoke in support of Resolution 23-17.

Donna Vidrine commented that public speakers need to be shown respect by the audience and Councilmembers.

Motion by Councilmember Cabral, second by Councilmember James to end Council comments.

This motion was withdrawn by Councilmember Cabral.

Motion by Mayor Pro Tem Knoblock, second by Councilmember Cabral, CARRIED 3-2 (Councilmember Enmeier and Mayor Duncan voting NOE), to

14 City Council Regular Meeting Minutes April 18, 2023
adopt Resolution No. 23-17 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, OPPOSING AB 1078 (COREY JACKSON 2023).

AYE: Cabral, James and Knoblock
NOE: Enmeier and Mayor Duncan
E. CONSIDERATION OF RESOLUTION 23-16 TO REPEAL IN FULL AND REPLACE WITH A NEW CITY COUNCIL POLICY AND PROCEDURE 1201-8

LEGISLATIVE BODY REIMBURSEMENT
City Manager Hall reviewed the contents of the Administrative Report and responded to Council inquiries.

Motion by Councilmember James to have Mayor Duncan reimburse the City of San Clemente $4,600 for the costs incurred for the Mayors trip to Washington D.C. to attend the Mayor's Conference. Motion died for lack of a second.

Motion by Councilmember Enmeier, second by Mayor Duncan, CARRIED 5-0, to adopt Resolution No. 23-16 entitled A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF SAN CLEMENTE, CALIFORNIA, REPEALING POLICY AND PROCEDURE 1201-8 LEGISLATIVE BODY REIMBURSEMENT AND
ADOPTING A NEW POLICY AND PROCEDURE 1201-8 LEGISLATIVE BODY REIMBURSEMENT.

AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None
Motion by Councilmember James, second by Mayor Duncan, to reconsider the item.

AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None
Amanda Q narrated a PowerPoint presentation "Duncan's DC Trip". A hard copy of the presentation is on file with the City Clerk.

Tony Rubolino opined that Mayor Duncan's trip to Washington D.C. is related to his run for assembly; urged Council to have Mayor Duncan reimburse the City for the cost of the trip.

Motion by Councilmember Enmeier, second by Mayor Duncan, CARRIED 5-0, to adopt Resolution No. 23-16 entitled A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF SAN CLEMENTE, CALIFORNIA, REPEALING POLICY AND PROCEDURE 1201-8 LEGISLATIVE BODY REIMBURSEMENT AND
ADOPTING A NEW POLICY AND PROCEDURE 1201-8 LEGISLATIVE BODY REIMBURSEMENT.

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

NOE: None
15 City Council Regular Meeting Minutes April 18, 2023
Council requested that Mayor Duncan provide the emails that were referenced in the presentation by Amanda Q.

Meeting Extended Past 11:00 p.m.

Motion by Councilmember James, second by Mayor Pro Tem Knoblock, CARRIED 5-0, to extend the meeting to 11:35 p.m.

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

10. Oral Communications (Part 2)
None.

11. Future Agenda Items
Council agendized an update on Casa Romantica and Buena Vista landslides for the May 2, 2023 City Council meeting.

12. Reports
A. Commissions and Committees
(1) SCHEDULING OF MEETINGS TO INTERVIEW AND APPOINT INDIVIDUALS

TO SERVE ON VARIOUS CITY COMMISSIONS AND COMMITTEES
Council took the following action:

1. Authorize the City Clerk to advertise to fill 14 vacancies on the Planning Commission, Golf Course Committee, Beaches, Parks and Recreation Commission, Human Affairs Committee, and Investment Advisory Committee.

All positions are for two-year terms to expire June 30, 2025.

2. Authorize the City Clerk to advertise to fill 1 vacancy on the Investment Advisory Committee for a one-year term to expire June 30, 2024, to fill the position of Ryan Bourque, who recently resigned.

3. Establish meeting dates on June 5, 2023 and June 6, 2023 from 2:00 - 4:00 p.m. to interview and appoint individuals to fill the upcoming vacancies.

B. Council Subcommittee Updates
Councilmember Enmeier announced that the Homeless Subcommittee will be holding a roundtable meeting on Thursday, April 20, 2023.

16 City Council Regular Meeting Minutes April 18, 2023
Meeting Extended Past 11:00 p.m.

Motion by Councilmember James, second by Mayor Pro Tem Knoblock, CARRIED 5-0, to continue the meeting to 11:45 p.m.

AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None
C. Council Members
Sand Nourishment
Mayor Pro Tem Knoblock displayed a photograph of Trestles taken in the 1970's relating to sand replenishment.

Pet Project Foundation Ribbon Cutting
Councilmember James announced that the Pet Project Foundation will be having a ribbon cutting on Friday, April 21, 2023 at 11:30 a.m. at the Animal Shelter.

Supportive Housing in San Clemente
Councilmember James announced that Supervisor Foley wants to utilize a hotel in San Clemente to provide supportive housing.

League of California Cities
Mayor Duncan reported that cities and collaboratives have been requesting monies directly from the state concerning crime prevention and public safety concerns/needs.

D. City Attorney
None.

E. City Manager
None.

13. Adjournment
Motion by Councilmember James, second by Councilmember Cabral, CARRIED 5-0, to adjourn at 11:45 p.m.. The next Regular Meeting will be held on May 2, 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

17 City Council Regular Meeting Minutes April 18, 2023
_______________________________
MAYOR of the City of
San Clemente, California
_______________________________
CITY CLERK of the City of
San Clemente, California

18 910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Council Chambers

CITY OF SAN CLEMENTE
Monday, April 24, 2023 3:00 PM
City Council
Special Meeting Minutes
3:00 - AB 1234 Training 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 Special Meeting of the San Clemente City Council was called to order by City Clerk Campagnolo on April 24, 2023 at 3:00 p.m. in the San Clemente City Council Chambers, located at 910 Calle Negocio, 2nd Floor, San Clemente.

CITY COUNCIL

MEMBERS PRESENT

KNOBLOCK
PLANNING COMMISSION CAMP, McCAUGHAN, McKANN, PRESCOTT-LOEFFLER

MEMBERS PRESENT

GOLF COURSE NONE

COMMITTEE MEMBERS

PRESENT

BEACHES, PARKS AND AMBROSE, CAMPOPIANO, FEURSTEIN,FOREMASTER,

RECREATION COMMISSION ROUSSEAU

MEMBERS PRESENT

HUMAN AFFAIRS COMMITTEE ANDERSON, JOHNSON, WASHINGTON

MEMBERS PRESENT

PUBLIC SAFETY COMMITTEE BERKUTA, HIGHTOWER

MEMBERS PRESENT

INVESTMENT ADVISORY CARTER

COMMITTEE MEMBERS

PRESENT

STAFF PRESENT ATAMIAN, CAMPAGNOLO, HALL

1 Agenda Item: 7A(2)
City Council Special Meeting Minutes April 24, 2023
AB 1234 Ethics Training

1. AB 1234 BIANNUAL ETHICS TRAINING FOR ELECTED OFFICIALS City Attorney Mitchell narrated a PowerPoint presentation entitled "AB 1234 Ethics Training". A hard copy of the presentation is on file with the City Clerk.

2. Adjournment
City Attorney Mitchell adjourned the meeting at 5:02 p.m. The next Regular City Council Meeting will be held on May 2, 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.
_______________________________
MAYOR of the City of
San Clemente, California
_______________________________
CITY CLERK of the City of
San Clemente, California

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

CITY OF SAN CLEMENTE
Monday, April 24, 2023 5:00 PM
City Council
Special Meeting Minutes
5:00- Closed Session
5:15 - Special 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 Special Meeting of the San Clemente City Council was called to order by Mayor Pro Tem Knoblock on April 24, 2023 at 5:06 p.m. in the San Clemente City Council Chambers, located at 910 Calle Negocio, 2nd Floor, San Clemente.

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

CLOSED SESSION
Concerned resident requested transparency when it comes to describing anticipated litigation items on the agenda.

Brad requested that anticipated litigation agenda items be listed by name.

Council announced that they would not meet in Closed Session.

Meeting Recessed
The meeting was recessed at 5:09 p.m. and was reconvened at 5:15 p.m. with all Councilmembers present with the exception of Councilmember James and Mayor Duncan, who were absent.

SPECIAL BUSINESS MEETING

PLEDGE OF ALLEGIANCE
Councilmember Enmeier led the Pledge of Allegiance.

1 Agenda Item: 7A(3)
City Council Special Meeting Minutes April 24, 2023

1. Motion waiving reading in full of all Resolutions and Ordinances Motion by Councilmember Cabral, second by Mayor Pro Tem Knoblock, CARRIED 3-0 (Councilmember James and Mayor Duncan absent), to waive reading in full of all Resolutions and Ordinances.

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

2. APPROVAL OF AN EMERGENCY PROFESSIONAL SERVICES AGREEMENT WITH LGC GEOTECHNICAL, INC. FOR THE PRELIMINARY GEOTECHNICAL

LANDSLIDE EVALUATION AT CASA ROMANTICA AND FINDING THE

PROJECT CATEGORICALLY EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) UNDER CLASS 6 (INFORMATION COLLECTION, 14 CCR § 15306) OF THE CEQA GUIDELINES
Public Works Director/City Engineer Koger narrated a PowerPoint presentation concerning the landslide at Casa Romantica and responded to Council inquiries.

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

Concerned resident spoke on California Environmental Quality Act (CEQA) exemption for this project as it relates to CEQA for pickleball at San Gorgonio Park.

Charles Hightower spoke on the City's ordinance concerning site stability requirements and potential impediments for residents attempting to fix land movement on their properties.

Motion by Councilmember Cabral, second by Mayor Pro Tem Knoblock, CARRIED 3-0 (Councilmember James and Mayor Duncan absent), to:

1. Determine that this project is categorically exempt from CEQA under Class 6 (Information Collection, 14 CCR section 15306) of the State CEQA Guidelines.

2. Make a finding that an emergency exists due to the potential failure of an existing slope 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 analysis and competitive bidding process.

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

4. Approve, and authorize the City Manager to execute, Contract No. 23-18, by and between the City of San Clemente and LGC Geotechnical, Inc., providing for preliminary geotechnical landslide evaluation at Casa Romantica, in an amount

2 City Council Special Meeting Minutes April 24, 2023
not to exceed $75,000.

AYE: Cabral, Enmeier and Knoblock
NOE: None
ABSENT: James and Mayor Duncan
Council agreed to add Oral Communications to the agenda.

Oral Communications
AQ narrated a PowerPoint presentation entitled "Farewell Council Member Gene James". A hard copy of the presentation is on file with the City Clerk.

3. Future Agenda Items
None.

4. Adjournment
Motion by Councilmember Enmeier, second by Councilmember Cabral, CARRIED 3-0(Councilmember James and Mayor Duncan absent), to adjourn at 5:40 p.m. The next Regular Meeting will be held on May 2, 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 and Knoblock
NOE: None
ABSENT: James and Mayor Duncan
_______________________________
MAYOR of the City of
San Clemente, California
_______________________________
CITY CLERK of the City of
San Clemente, California

3 1
Agenda Item: 7C(1) CITY OF SAN CLEMENTE CERTIFICATION OF WARRANTS

I HEREBY SUBMIT THE ATTACHED

WARRANT REGISTER FOR AUDIT

AND APPROVAL BY THE CITY

COUNCIL, CITY OF SAN CLEMENTE

CITY MANAGER
ATTEST: __________ _

CITY CLERK
I HEREBY CERTIFY TO THE ACCURA ? F THE FOREGOING

DEMANDS AND THAT FUND AR BLE FOR PAYMENT
THEREOF:

APPROVED AND ORDERED PAID AT

THE MEETING OF THE CITY COUNCIL

HELD ON
------------
1 N THE AMOUNT OF $ _1 ~26~1~7~1~8~.6....c..5 ___ _
MAYOR

PAID BY WARRANTS SIGNED BY LEGALLY

DESIGNATED PERSONS IN ACCORDANCE

WITH THE STATE OF CALIFORNIA
GOVERNMENT CODE, SECTION-41003

CITY TREASURER
2 apChklst Final Check List Page: 1
04/13/2023 11:35:33AM SAN CLEMENTE
Bank : citv BANK OF THE WEST
Check# Date Vendor Invoice Inv Date Descriotion Amount Paid Check Total 2833 4/14/2023 024009 CA PUB EMP RETIREMENT S'PP#07/23 4/2/2023 PERS CONTRIBUTIONS FOR 87,159.49 87,1 59.49 2834 4/14/2023 0024 7 4 CA PUB EMPLOY RETIREMEI\PP07/23 4/2/2023 PERS CONTRIBUTIONS 5,930.43 5,930.43 587571 4/1 4/2023 035116 ACCESS CONTROL SECURIT0053170 3/16/2023 ACCESS CTRL SEC.- PARKIN 608.00 0050887 3/31/2023 ACCESS CTRL SEC.- PARKIN 625.66 1,233.66 587572 4/14/2023 034728 ACOSTA, LISA 040623 4/6/2023 EMPLOYEE SERVICE AWARC 100.00 100.00 587573 4/14/2023 035189 ADVANTAGE MAILING LLC 180464 2/10/2023 PRINTING SERVICES FOR QI 10,246.40 10,246.40 58757 4 4/14/2023 027643 AGUDA, SHANE 040623 4/6/2023 EMPLOYEE SERVICE AWAR[ 100.00 100.00 587575 4/14/2023 033006 ALLEN, BLAKE LEE 3292023 3/29/2023 FNF OFFICIAL 160.00 160.00 587576 4/14/2023 011331 AMERICAN TANK TESTING, 11\37051 3/20/2023 SERVICE CALL - PUMP #1 - R 1,100.00 1,100.00 587577 4/14/2023 004369 ANDERSON , BLAKE 030123 3/1/2023 MILEAGE REIMBURSEMENT 10.68 10.68 587578 4/14/2023 002603 ANIMAL PEST MGMT SERVICl692157 3/31/2023 APM - RODENT CONTROL (B, 2,540.83 692181 3/31/2023 RODENT CONTROL 300.00
670672 3/31/2023 RODENT CONTROL 500.00 670810 3/31/2023 RODENT CONTROL 215.00 3,555.83 587579 4/14/2023 017323 APOSHIAN, SHERI 040623 4/6/2023 EMPLOYEE SERVICE AWAR[ 250.00 250.00 587580 4/14/2023 006409 BAY CITY INDUSTRIAL SUPPL256242 2/20/2023 PARTS/HARDWARE 249.46 249.46 587581 4/14/2023 031618 BIRD SOLUTIONS INT'L, INNC274300 3/31/2023 BIRD TRAPPING & REHOMIN 175.00 175.00 587582 4/14/2023 032624 BLECKERT'S POWER SERVIC1140 3/30/2023 GENERATOR RENTAL FOR C 500.00 500.00 587583 4/14/2023 004461 BOISSERANC, KADE 040623 4/6/2023 EMPLOYEE SERVICE AWAR[ 300.00 300.00 587584 4/14/2023 014004 BROWN, THOMAS "CORY" 02023295 3/17/2023 SAFETY BOOTS REIMBURSE 237.08 237.08 587585 4/1 4/2023 035216 BUILDING BLOCK 3606-6 3/30/2023 EDUCATIONAL OUTREACH 2,650.00 2,650.00 587586 4/1 4/2023 034817 BURNSIDE, DUSTIN 041823-042123/. 3/8/2023 041823-042123 SD CWEA TRJ 700.60 700.60 587587 4/1 4/2023 015651 BURTON, IAN 032323 3/23/2023 MILEAGE REIMBURSEMENT 90.00 033023 3/30/2023 REIMBURSEMENT FOR CSL/. 60.00
040623 4/6/2023 EMPLOYEE SERVICE AWAR[ 250.00 400.00
587588 4/1 4/2023 001033 CALIF DEPT OF TAX & FEE A[20231 STQTR 4/6/2023 SALES & USE TAX RETURN fl 2,014.00 2,014.00 587589 4/1 4/2023 026929 CARRILLO, DAVID 040623 4/6/2023 EMPLOYEE SERVICE AWAR[ 100.00 100.00 58 7 590 4/1 4/2023 011198 CASA ROMANTICA 040423 4/4/2023 HVAC REPAIR/ MAINT. REIMI 4,969.07 4,969.07 587591 4/1 4/2023 012397 CENTRAL COMMUNICATIONS000028-610-111 4/1/2023 123-5154-4 71 , 24/7 PROFESS 721.33 721.33 587592 4/14/2023 005359 CHAMORRO.AUGUSTO 040623 4/6/2023 EMPLOYEE SERVICE AWARC 350.00 350.00 587593 4/1 4/2023 023677 CHANDLER ASSET MANAGEl\2803SANCLEME 4/5/2023 PORTFOLIO MANAGEMENT f 5,432.03 5,432.03 587594 4/14/2023 033958 CHELOLETTY ENGINEERING PP4RETENTlm 4/6/2023 CONSTRUCTION FOR CITYV\ 8,180.00 8,180.00 587595 4/14/2023 032868 CIRCUS JOY 04082023 3/30/2023 SPRINGTACULAR STILT WAL 450.00 450.00 587596 4/14/2023 028815 CIVICPLUS LLC 257992 4/3/2023 MUNICODE E-UPDATE 3,438.80 3,438.80 Page: 1
3 apChklst l : • •- ; Final Check List Page: 2
04/13/2023 11:35:33AM SAN CLEMENTE
Bank: citv BANK OF THE WEST (Continued)
Check# Date Vendor Invoice Inv Date Description Amount Paid Check Total 587 597 4/14/2023 008354 COASTAL FRONTIERS CORP 5206 4/3/2023 COASTAL FRONTIERS CONT 7,672.00 7,672.00 587598 4/14/2023 026046 COL TS LANDSCAPE I NC 032923-1236 3/29/2023 COL TS - LANDSCP WEST (SL 758.00 040323-1159 4/3/2023 COLTS - LANDSCP WEST (BP 36,392.00 040323-0107 4/3/2023 COLTS - LANDSCP WEST (SL 1,500.00
040323-0119 4/3/2023 COLTS - LANDSCP WEST (SL 1,350.00
040323-1253 4/3/2023 COLTS - LANDSCP WEST (SL 980.00
032923-0102 3/29/2023 COLTS - LANDSCP WEST (SL 750.00
040323-1242 4/3/2023 COL TS - LANDSCP EAST (BA: 58,639.80 040323-1213 4/3/2023 COLTS - STREETSCAPES (BJ 24,682.21 040323-1226 4/3/2023 COLTS - BCHS, ACCESS & Pl 17,885.95 142,937.96 587599 4/14/2023 001417 CONSOLIDATED ELECTRIC 01040836 3/28/2023 MATERIALS 143.93 143.93 587600 4/14/2023 001394 COOK PGA GOLF SHOP INC, 041123 4/11/2023 04/03-23 -04/09/23 WEEKLY P. 25,055.57 25,055.57 587601 4/14/2023 006090 COX COMMUNICATIONS 057644801 3/26/2023 LANDLINE PHONE SERVICE!: 70.56 70.56 587602 4/14/2023 000168 CWEA-TCP 351398 3/28/2023 MEMBERSHIP - S. AGUDA 302.00 302.00 587603 4/14/2023 033164 DEBUT SURF SCHOOL 040423 4/4/2023 INSTRUCTOR PAYMENT 955.50 955.50 587604 4/14/2023 0027 49 DELTA DENTAL OF CALIFORNBE005461875 3/31/2023 05-0879300000DENTAL CLAll'v 29,971 .61 29,971.61 587605 4/14/2023 002647 DENAULT'S HARDWARE, INC516660 3/27/2023 HARDWARE & MAINT SUPPL 35.05 516785 4/3/2023 HARDWARE & MAINT SUPPL 77.55
516474 3/14/2023 HARDWARE & MAINT SUPPL 46.49 159.09
587606 4/14/2023 015986 DESTEFANO, LOUIS 3292023 3/29/2023 ADULT SOFTBALL OFFICIAL 120.00 120.00 587607 4/14/2023 033851 DIAMOND CONSTRUCTION & PP8 4/4/2023 PN 19516 - CALLE REAL WAT 121 ,820.65 121 ,820.65 587608 4/14/2023 013152 DIV OF THE STATE ARCHITEC040523 4/5/2023 DISABILITY ACCESS & EDUC 725.60 725.60 587609 4/14/2023 011661 OMV RENEWAL CD8K66 4/4/2023 GREEN STICKER REGISTRA- 54.00 CE7S88 4/4/2023 GREEN STICKER REGISTRK 54.00
BT8J62 4/4/2023 GREEN STICKER REGISTRK 54.00 162.00
587610 4/14/2023 027226 DOBBS,THERESA 040323 4/3/2023 CDBG HOUSING REHABILIAT 1,830.00 040323A 4/3/2023 ARP NON-PROFIT GRANTS -I 352.00 2,182.00 587611 4/14/2023 004462 DOHENY PLUMBING, INC. 65896 3/31/2023 BEACHES & PARKS MAINTE~ 309.50 309.50 587612 4/14/20-23 022381 DOMINAS, AMBROCIA 040623 4/6/2023 EMPLOYEE SERVICE AWAR[ 250.00 250.00 587613 4/14/2023 028137 DOTSON, SCOTT 040623 4/6/2023 EMPLOYEE SERVICE AWAR[ 100.00 100.00 Page: 2
4 apChklst Final Check List · Page: 3
04/13/2023 11:35:33AM SAN CLEMENTE
Bank: citv BANK OF THE WEST (Continued)
Check# Date Vendor Invoice Inv Date Description Amount Paid Check Total 587614 4/14/2023 004177 E STEWART & ASSOC INC 8109S 3/29/2023 GRAFFITI REMOVAL - PRIV.& 3,580.00 8087S 3/15/2023 CLEANING AND REMOVAL 1,560.00
8110S 3/29/2023 GRAFFITI REMOVAL - PUBLIC 1,600.00
8111 S 3/29/2023 GRAFFITI REMOVAL - PUBLIC 1,068.00
8112S 3/29/2023 GRAFFITI REMOVAL - PUBLIC 200.00
8108S 3/29/2023 GRAFFITI REMOVAL - PRIV.& 3,000.00 11 ,008.00 587615 4/14/2023 035211 EDONE, LISA 030923 3/9/2023 REFRESHMENT REIMB. FOR 175.34 175.34 587616 4/14/2023 034639 ENGINEERING SOLUTIONS 2206-141 F 3/10/2023 RECYCLED WATER EXPANSI 14,537.50 14,537.50 587617 4/14/2023 009541 EVANS-HYDRO SVC DIVISIOI\ 162178 3/14/2023 PUMP REPAIR 3,200.00 162151 2/21/2023 CALIFIA BOOSTER STATION 37,998.04 41 ,1 98.04 587618 4/14/2023 002806 FEDEX OFFICE 031600006218 3/1/2023 SUPPLIES 33.73 33.73 587619 4/14/2023 002042 FIRST VEHICLE SERVICES 11873197 3/21/2023 TROLLEY MAINTENANCE 464.24 464.24 587620 4/14/2023 035214 FUENTES. CANDACE 012323-032423 4/3/2023 MILEAGE REIMBURSEMENT 37.92 37.92 587621 4/14/2023 021888 FUSECO LP CALIFORNIA S102224362.001 3/17/2023 PARTS / SUPPLIES 1,336.54 1,336.54 587622 4/14/2023 000993 GALLS, LLC 023818190 3/10/2023 SUPPLIES 338.73 338.73 587623 4/1 4/2023 035212 GOLF CONCEPTS LLC 033123 3/31/2023 RISK ASSESSMENT RETAINE 1,500.00 1,500.00 587624 4/14/2023 030903 GRANICUS LLC 150071 3/29/2022 GRANICUS LEGISTAR IMPLE 35,813.87 35,813.87 587625 4/14/2023 033733 GREEN & ASSOCIATES INC, ~2229 4/5/2023 PROFESSIONAL CONSULTAf\ 7,500.00 7,500.00 587626 4/14/2023 032998 GREEN ZONE WASH WATERL001223 3/31/2023 TROLLEY WASHING FROM J, 500.00 500.00 587627 4/14/2023 001140 HACH COMPANY 13517501 3/22/2023 LAB SUPPLIES 3.72 13513855 3/21/2023 LAB SUPPLIES 606.36 610.08
587628 4/14/2023 035198 HAM RADIO OUTLET 11-399179 4/4/2023 HAM RADIOS 942.53 942.53 587629 4/14/2023 023511 HARPER. EVERETT 3292023 3/29/2023 ADULT SOFTBALL OFFICIAL 200.00 200.00 587630 4/14/2023 035213 HARRIS, BRADLEY 040623 4/6/2023 EMPLOYEE SERVICE AWAR[ 100.00 100.00 587631 4/14/2023 034005 HARTANA, THOMAS 3292023 3/29/2023 FNF OFFICIAL 160.00 160.00 587632 4/14/2023 017218 ILKHANIPOUR, KHOSROW 040623 4/6/2023 EMPLOYEE SERVICE AWAR[ 250.00 250.00 587633 4/14/2023 007033 IMPERIAL SPRINKLER SUPPL0010020648-001 3/30/2023 IRRIGATION SUPPLIES 45.08 0010044141-00~ 3/31/2023 IRRIGATION SUPPLIES 102.60 147.68 587634 4/14/2023 028147 IMSA 140210 2/20/2023 2 IMSA EXAM FEES/ J. WECI 1,110.00 1,110.00 587635 4/14/2023 019001 IPS GROUP, INC INV82990 3/31/2023 BANK MERCHANT FEES 1,279.82 1,279.82 587636 4/14/2023 003680 ISAAC, LARRY 040623 4/6/2023 EMPLOYEE SERVICE AWAR[ 400.00 400.00 587637 4/1 4/2023 033007 JANSSON, GUS 329223 3/29/2023 FNF OFFICIAL 160.00 160.00 587638 4/1 4/2023 027750 JOLYN CLOTHING COMPANY INV-367895 3/28/2023 SWIM SUITS FOR FEMALE LI 106.45 106.45 587639 4/14/2023 004134 LC PAVING & SEALING PP7FINAL 3/28/2023 PN 11309 12304 12305 - SIDE' 50,756.68 50,756.68 587640 4/14/2023 029254 LIGHTFOOT, JONATHAN 040623 4/6/2023 EMPLOYEE SERVICE AWAR[ 100.00 100.00 Page:3
5 apChkLst Final Check List Page: 4
04/13/2023 11:35:33AM SAN CLEMENTE
Bank: citv BANK OF THE WEST (Continued)
Check# Date Vendor Invoice Inv Date Description Amount Paid Check Total 587641 4/14/2023 000937 LINDE GAS & EQUIPMENT INC32549621 11/22/2022 CUSTOMER 71723993 CHEMI 89.10 33137714 12/22/2022 CUSTOMER 71723993 CHEMI 92.90
34289454 2/22/2023 CUSTOMER 71723993 CHEMI 96.00
34855622 3/22/2023 CUSTOMER 71723993 CHEMI 86.72
34852163 3/22/2022 CUSTOMER #716357 49 CHE!\ 237.61 602.33 587642 4/14/2023 005503 LITTLEPAGE LANDSCAPING 5286 3/25/2023 LANDSCAPE SERVICES AT G 1,700.00 1,700.00 587643 4/14/2023 03464 7 LOERTSCHER, JOHN 3292023 3/29/2023 SOFTBALL OFFICIAL PAYMEt 80.00 80.00 587644 4/14/2023 028103 LOPEZ, SERGIO 040623 4/6/2023 EMPLOYEE SERVICE AWAR[ 100.00 100.00 587645 4/14/2023 007564 LOWE'S COMPANIES, INC. 10114 3/14/2023 #0333392 SUPPLIES 26.85 23779 3/23/2023 #0333392 SUPPLIES 159.61
23215 3/28/2023 #0333392 SUPPLIES 165.01
11905 3/29/2023 #0333392 SUPPLIES 21 .11
910293 11/23/2022 #0333392 SUPPLIES 234.84
25470 3/29/2023 #0333392 SUPPLIES 531.66
25316 3/28/2023 #0333392 SUPPLIES 117.54 1,256.62
587646 4/14/2023 034650 MACKEY, MARTIN HEATH 3292023 3/29/2023 SOFTBALL OFFICIAL PAYMEt 120.00 120.00 58764 7 4/14/2023 033008 MCDONALD, REESE 3292023 3/29/2023 FNF OFFICIAL 160.00 160.00 587648 4/14/2023 000502 MCMASTER-CARR SUPPLY C 94513366 3/16/2023 EQUIPMENT & TOOLS 87.09 95235638 3/29/2023 EQUIPMENT & TOOLS 207.52 294.61
587649 4/14/2023 027427 MILOSCH, TREVOR 040623 4/6/2023 EMPLOYEE SERVICE AWAR[ 100.00 100.00 587650 4/14/2023 019459 MINIER, MIKE 040323 4/3/2023 CONTRACT INSTRUCTOR PA 1,680.00 1,680.00 587651 4/14/2023 030139 MSA SAFETY INCORPORATEl963103090 3/20/2023 SENSORS 925.28 925.28 587652 4/14/2023 006627 MUNI WATER DIST OF ORAN<2778 3/23/2023 MWDOC RESIDENTIAL WATE 2,666.54 2760 2/21/2023 SUPPLEMENTAL REBATES 5,645.50 8,312.04
587653 4/14/2023 003762 NATIONAL CONST RENTALS, 6938903 3/24/2023 PORTABLE RESTROOMS DAI 400.00 6938718 3/24/2023 PORTABLE RESTROOMS DAI 400.00
6934078 3/22/2023 PORTABLE RESTROOMS DAI 2,240.93
6934096 3/22/2023 PORTABLE RESTROOMS DAI 400.00 3,440.93 587654 4/14/2023 000514 NATIONAL SAFETY COMPLIAl93509 3/31/2023 D.O.T. DRUG TESTING , ALCC 308.46 308.46 587655 4/14/2023- 022382 NICHOLAS, RON 040623 4/6/2023 EMPLOYEE SERVICE AWAR[ 250.00 250.00 587656 4/14/2023 004228 NOWDOCS INTERNATIONAL, 68709 3/29/2023 AP CHECK STOCK 387.90 387.90 587657 4/14/2023 035215 NYGAARD, LESLIE 821 -2313 4/18/2022 REFUND OF WMP FEE 750.00 750.00 587658 4/14/2023- 030289 OCCUPATIONAL HEALTH CTR78750024 3/29/2023 PHYS LEVEL 2, DOT PHYSIC! 148.00 148.00 587659 4/1 4/2023 020603 O'CONNELL ENGINEERING & PP18 4/5/2023 MONITORING SERVICES FOf 79,677.78 79,677.78 Page: 4 .
6 apChkLst Final Check List :. · Page: 5
04/13/2023 11 :35:33AM SAN CLEMENTE
Bank: citv BANK OF THE WEST (Continued)
Check# Date Vendor Invoice Inv Date Descriotion Amount Paid Check Total 587660 4/14/2023 001207 ODP BUSINESS SOLUTIONS 1306291503001 3/29/2023 OFFICE SUPPLIES A/C #8983 104.47 303387342001 3/23/2023 OFFICE SUPPLIES A/C #8983 44.53
303388451001 3/23/2023 OFFICE SUPPLIES A/C #8983 30.48
303388456001 3/27/2023 OFFICE SUPPLIES A/C #8983 32.53
302684278001 3/13/2023 OFFICE SUPPLIES A/C #8983 60.33 272.34 587661 4/14/2023 025959 OMNI ENTERPRISE INC CSC0402 4/3/2023 JANITORIAL SERVICES 500.00 CSC0401 4/3/2023 JANITORIAL SERVICES 500.00
CSC832223 3/22/2023 JANITORIAL SERVICES 600.00 1,600.00 587662 4/14/2023 001086 ORANGE COUNTY TREAS/TASH64994 4/3/2023 AFIS USER FEES 2,449.00 2,449.00 587663 4/14/2023 034652 PACIFIC FLAGPOLE SERVICE104516 3/24/2023 PACIFIC FLAGPOLE - PIER N 16,835.00 16,835.00 587664 4/14/2023 012968 PALAPA KINGS, INC. 0537 3/28/2023 INSTALLATION NEW PLP12 P 2,979.00 2,979.00 587665 4/14/2023 024038 PATROL ONE 514994 3/24/2023 CASA ROMANTICA FIRE WA1 845.63 845.63 587666 4/14/2023 034980 PDM CONSULTING INC PDMC23-01 4/3/2023 MONTALVO CANYON & TRAIi 1,100.00 1,100.00 587667 4/14/2023 030393 PETERSEN, MARTINE 3292023 3/29/2023 SPORTS OFFICIATING 80.00 80.00 587668 4/14/2023 010978 PETTY CASH 040323 4/3/2023 REPLENISH PETTY CASH 180.00 180.00 587669 4/14/2023 016440 PIONEER AMERICAS LLC 107900261746 4/5/2023 SUPPLY & DELIVERY OF SO[ 9,771 .27 9,771.27 587670 4/14/2023 008613 POL YDYNE, INC 1725946 3/28/2023 SUPPLY & DELIVERY OF POL 8,475.62 1726269 3/29/2023 SUPPLY & DELIVERY OF POL 18,219.66 26,695.28 587671 4/14/2023 033867 POPE, LISA MICHELLE 230321 3/21/2023 BPR COMMISSION MINUTES 343.75 343.75 587672 4/14/2023 033673 POWERCLEAN 7554 3/30/2023 POWERCLEAN - PRES. WASI 5,385.00 5,385.00 587673 4/14/2023 033634 PRIDESTAFF INC 301649355 3/26/2023 GOLF COURSE GROUNDS Kl 2,685.40 2,685.40 587674 4/1 4/2023 025884 PRINT MEDIA 0349248-IN 3/28/2023 PAPER ROLLS FOR PAY STAl 1,087.85 1,087.85 587675 4/14/2023 003616 PRUDENTIAL OVERALL SUPP 132180148 3/28/2023 1372603/1273601 /1273604 UN 27.26 132180149 3/28/2023 1372603/1273601 /1273604 UN 65.05
132180151 3/28/2023 RENTALAND CLEANING OF l 81 .83
132180152 3/28/2023 RENTALAND CLEANING OF l 72.56
132180150 3/28/2023 RENTALAND CLEANING OF l 35.00
132180153 3/28/2023 RENTALAND CLEANING OF l 35.00
132180162 3/28/2023 1372603/1273601/1273604 UN 25.18 341.88 587676 4/14/2023 029653 PYE.PAUL 040623 4/6/2023 EMPLOYEE SERVICE AWAR[ 100.00 100.00 587677 4/14/2023 003944 QUICK CRETE PRODUCTS CC127083 3/28/2023 RECEPTACLE LINERS 3,397.36 3,397.36 587678 4/14/2023 000267 R & R INDUSTRIES, INC 642232 3/16/2023 CITY APPAREL 364.37 642521 3/20/2023 CITY APPAREL 242.34 606.71
587679 4/14/2023 035197 RAILPROS FIELD SERVICES I23RWT0307 3/30/2023 RWT DIRECT BILL ROADWAY 2,640.00 2,640.00 Page:5
7 apChkLst -- Final Check List Page: 6
04/13/2023 11:35:33AM SAN CLEMENTE
Bank: city BANK OF THE WEST (Continued)
Check# Date Vendor Invoice Inv Date Descriotion Amount Paid Check Total 587680 4/14/2023 034177 REAL ESTATE CONSULTING 17014 2/15/2023 REC&S - CITY TRAIL MAINT (: 2,791.54 16981 2/16/2023 REC&S - CITY TRAIL MAINT (: 512.43
17130 4/3/2023 REC&S - CITY TRAIL MAINT (I 11,457.27 14,761 .24 587681 4/14/2023 035210 REESE, CURTIS 3292023 3/29/2023 SOFTBALL OFFICIAL PAYME~ 120.00 120.00 587682 4/14/2023 035046 RICHARDSON, HEATHER 430770 2/15/2023 DEPOSIT REFUND 928.75 928.75 587683 4/14/2023 000067 RINCON TRUCK CENTER INC 351049 3/29/2023 PARTS 134.29 351042 3/28/2023 PARTS 102.42 236.71
587684 4/14/2023 000207 ROD'S TREE SERVICE INC 120-127-23 4/3/2023 TREE WORK 1,100.00 1,100.00 587685 4/14/2023 001875 ROY ALLAN SLURRY SEAL, II\PP7 3/30/2023 CONSTRUCTION FOR FY23 ~ 194,967.89 194,967.89 587686 4/14/2023 001174 SAN DIEGO GAS & ELECTRIC040323 4/3/2023 0007041665671 DISTRIBUTIO 1,187.64 032923 3/29/2023 0007468247797 DISTRIBUTIO 696.13
040323G 4/3/2023 10112124370 DISTRIBUTION ( 57,485.50 59,369.27 587687 4/14/2023 017069 SANDERS, THOMAS 040623 4/6/2023 EMPLOYEE SERVICE AWAR[ 250.00 250.00 587688 4/14/2023 000962 SC FOAM & FABRICS, LLC 120622 12/6/2022 LIFEGUARD TOWER SUNSHJ 624.18 624.18 587689 4/14/2023 026520 SCHMIDT FIRE PROTECTIONJ1677 3/21/2023 SPECIAL HAZARDS REPAIRS 676.00 676.00 587690 4/14/2023 005035 SCHROEDER, KAYNEA 040323 4/3/2023 INSTRUCTOR PAYMENT 24,836.70 24,836.70 587691 4/14/2023 016912 SECURE LIVE SCAN 13636 4/3/2023 FINGERPRINT ROLLING FEE 810.00 810.00 587692 4/14/2023 030848 SHILPARK PAINT 15034323 3/23/2023 PARTS OR SERVICES 267.31 267.31 587693 4/14/2023 008357 SIMPLOT TURF & HORTICUL1205084872 10/31/2022 21-0-0 AND PROXY 1,508.08 1,508.08 587694 4/14/2023 028119 SMART ENERGY WATER 6808 4/5/2023 CREDIT CARD PROCESSING 1,524.47 1,524.47 587695 4/14/2023 008089 SOUTH OC WASTEWATER AL 1154 4/1/2023 FY23 OCEAN OUTFALUPRE1 53,259.00 53,259.00 587696 4/14/2023 003204 SOUTHERN CALIF GAS CO, lf032823A 3/28/2023 05900755900 GAS SERVICES 567.13 032923A 3/29/2023 01060702006 GAS SERVICES 373.52 940.65 587697 4/14/2023 028725 SPAN, EILEEN 040323 4/3/2023 CONTRACT INSTRUCTOR PA 6,400.80 6,400.80 587698 4/14/2023 023943 STAUDENBAUR, SEAN 032323 3/23/2023 MILEAGE REIMBURSEMENT 73.36 73.36 587699 4/14/2023 034753 STORM WATER INSPECTION 63280 2/8/2023 SWIMS - CLEAN 175 STORM 2,410.00 2,410.00 587700 4/14/2023 027249 SUMMIT ENVIRONMENTAL Gf2023-4 3/31/2023 CONTRACT PLANNING SER\J 4,180.00 4,180.00 587701 4/14/2023 001816 SWRCB-DWOCP 29104 / 28854 3/28/2023 CERT. RENEWAL -M. IVERSC 110.00 110.00 587702 4/14/2023 028921 THE ECOHERO SHOW LLC 2246 3/31/2023 ECOHERO EDUCATIONAL OL 1,500.00 1,500.00 587703 4/14/2023 013794 THORDAHL, JOHANNE 040623 4/6/2023 EMPLOYEE SERVICE AWAR[ 350.00 350.00 587704 4/14/2023 003436 TONY'S LOCKSMITH 41855 3/29/2023 KEYS CUT 47.54 47.54 587705 4/14/2023 021465 TRAFFIC MANAGEMENT PRO977320 3/30/2023 PARKING LOT SIGNS 1,469.18 978486 3/31/2023 PROP 68 SIGNS FOR STEED 464.41 1,933.59 587706 4/14/2023 000976 TURBO DATA, INC 39832 3/31/2023 ADMINISTRATIVE CITATION F 21.19 39831 3/31/2023 CITATION PROCESSING 1,638.79 1,659.98
Page: 6
8 apChkl st Final Check List:·;:.- . Page: 7
04/13/2023 11:35:33AM SAN CLEMENTE
Bank: city BANK OF THE WEST (Continued)
Check# Date Vendor Invoice Inv Date Description Amount Paid Check Total 587707 4/14/2023 001088 UNDERGROUND SERVICE AL320230613 4/1/2023 UNDERGROUND SERVICE F< 263.75 22-2303519 4/1/2023 UNDERGROUND SERVICE F< 74.79 338.54 587708 4/14/2023 029845 UNITED BLDG & DEVELPMT ~1218 4/3/2023 TIERRA GRANDE PK REPLAC 1,040.00 1217 4/3/2023 MAILBOX DRAWERS 3,820.00 4,860.00
587709 4/14/2023 034362 USPS 033023 3/30/2023 POSTAGE PRE-PAY ACCOUN 3,000.00 3,000.00 587710 4/14/2023 013109 VERIZON 9930997288 3/25/2023 WIRELESS SERVICES FROM 990.64 9930997287 3/25/2023 WIRELESS SERVICES FROM 8,404.71 9,395.35 587711 4/14/2023 026329 VICK, MICHAEL 3292023 3/29/2023 FRIDAY NIGHT FOOTBALL Of 320.00 320.00 587712 4/14/2023 001965 VORTEX INDUSTRIES INC 09-1621436 1/16/2023 REPLACEMENT OF DOORS P 27,693.87 27,693.87 587713 4/14/2023 002324 WALTERS WHOLESALE ELECS122140514.001 12/29/2022 HPS BALLAST KT 495.09 495.09 587714 4/14/2023 034786 WALZ, OWEN 3292023 3/29/2023 FOOTBALL OFFICIAL PAYMEI 160.00 160.00 587715 4/14/2023 031058 WARWICK GROUP CONSULTJ23-220-3 4/1/2023 FEDERAL LOBBYING SERVIC 5,000.00 5,000.00 587716 4/14/2023 003356 WATERLINE TECHNOLOGIES 5624243 3/24/2023 DELIVERY OF SODIUM HYPE 513.19 5624242 3/24/2023 DELIVERY OF SODIUM HYPE 974.02 1,487.21 587717 4/14/2023 030065 WCT PRODUCTS W14760 3/21/2023 PARTS 132.30 W14591 2/10/2023 PARTS 163.89 296.19
587718 4/14/2023 030571 WEST COAST CODE CONSUL223-03-458-01 4/4/2023 WEST COAST CONSULTANT! 4,830.76 4,830.76 587719 4/14/2023 008174 WEST COAST SAND & GRAVE594649 3/20/2023 SCREENED FILL SAND 1,516.22 594976 3/22/2023 SCREENED FILL SAND 490.82 2,007.04
587720 4/1 4/2023 031253 WESTFALL, RACHEL 033023 3/30/2023 CONTRACT INSTRUCTOR PA 883.75 883.75 587721 4/14/2023 027059 ZAPP PEST MANAGEMENT 18710 3/29/2023 ZAPP - PEST CTRL PIER & M: 235.00 18705 3/29/2023 ZAPP - PEST CTRL CITY FAC 60.00
18782 3/29/2023 ZAPP - PEST CTRL CITY FAC 75.00
18708 3/29/2023 ZAPP - PEST CTRL CITY FAC 65.00
18797 3/29/2023 ZAPP - PEST CTRL PIER & M: 125.00
18707 3/29/2023 ZAPP - PEST CTRL CITY FAC 75.00
18704 3/29/2023 ZAPP - PEST CTRL CITY FAC 60.00
18706 3/29/2023 ZAPP - PEST CTRL CITY FAC 65.00
18810 3/28/2023 PEST CONTROL SERVICE 125.00 885.00
587722 4/14/2023 032435 ZIMMERLY, DAN 040623 4/6/2023 EMPLOYEE SERVICE AWAR[ 100.00 100.00 587723 4/1 4/2023 000566 ZUMAR INDUSTRIES, INC 99020 3/14/2023 STREET NAME SIGNS 1,011.93 1,011.93 Sub total for BANK OF THE WEST: 1,261 ,718.65
Page: 7
9 apChkLst
04/13/2023 11 :35:33AM
155 checks in this report.

Final Check List

SAN CLEMENTE
Page: 8
Grand Total All Checks: 1,261 ,718.65
Page: 8
10 City of San Clemente
Summary of Large Dollar Warrants
Check# Date Vendor/Payee
587607 4/14/2023 Diamond Construction
587685 4/14/2023 Roy Allan Slurry Seal
Purpose
Calle Real Waterline improvements
Annual Arterial Street Pavement Maintenance
Amount
121,820.65
194,967.89
1 Agenda Item: 7C(2) CITY OF SAN CLEMENTE CERTIFICATION OF WARRANTS

I HEREBY SUBMIT THE ATTACHED

WARRANT REGISTER FOR AUDIT

AND APPROVAL BY THE CITY

COUNCIL, CITY OF SAN CLEMENTE

CITY MANAGER
ATTEST:
_________ _

CITY CLERK

I HEREBY CERTIFY TO THE ACCURACY OF THE FOREGOING
DEMANDS AND THAT FUND R??' VAILABLE FOR PAYMENT
THEREOF: / /
I

APPROVED AND ORDERED PAID AT

THE MEETING OF THE CITY COUNCIL
HELD ON ___________ _
IN THE AMOUNT OF$ ~2,~02_9~,7~3~0~.8-'-9 ___ _
MAYOR

PAID BY WARRANTS SIGNED BY LEGALLY

DESIGNATED PERSONS IN ACCORDANCE

WITH THE STATE OF CALIFORNIA
GOVERNMENT CODE, SECTION-41003

CITY TREASURER
2 apChklst
04/20/2023 10:30:50AM
Bank : citv BANK OF THE WEST
Final Check List

SAN CLEMENTE
Check# Date -=-V=en'"'"'d=o:;..:..r ____________ ;;.;..ln;..;..v..;:;.;oi'"""ce.;;;__ __ Inv Date Descriotion 2835 4/21/2023 002474
2836 4/21/2023 0024 7 4
2837 4/21/2023 004156
2838 4/21/2023 000010
2839 4/21/2023 001819
2840 4/21/2023 014754
587724 4/21/2023 010213 587725 4/21/2023 000042 587726 4/21/2023 020113 587727 4/21/2023 015621 587728 4/21/2023 009876 587729 4/21/2023 033006 587730 4/21/2023 034565 CA PUB EMPLOY RETIREMEN 1000000171312: 4/6/2023
CA PUB EMPLOY RETIREMEN 10000001712671 3/10/2023
CALIF, STATE OF, EMPLOYMEBen2525751 4/21/2023
CALIF, STATE OF, EMPLOYMEBen2525753 4/21/2023
FEDERAL WITHOLDING TAX Ben2525749 4/21/2023
STATE DISBURSMENT UNIT Ben2525755 4/21/2023
AFLAC Ben2525743 4/21/2023 AKM CONSULTING ENGINEEF0012131 4/6/2023 ALBERT, SOPHI 040523 4/5/2023
ALEXANDER'S CONTRACT S\,,202304010014 4/1/2023
104571 3/31/2023
040.523 4/5/2023
ALL CITY MANAGEMENT SVC!84627 4/5/2023 ALLEN, BLAKE LEE 587575 4/14/2023 AMAZON BUSINESS 1 LRQ-L74D-4N4 4/4/2023
1 QR9-MXYP-3V 4/4/2023 1 X9T-CY 4O-3XS 4/4/2023
1 DRK-HLNP-CIV 4/5/2023
1 C6V-L7O4-1 K7 4/5/2023
13XV-4W9F-11\J 4/5/2023
1 LNT-GXQK-4F. 3/30/2023
1W37-9PQT-6Q' 3/31/2023
1 MFY-WTYH-44 4/12/2023
1 HKF-3LRD-6D~ 4/12/2023
1 PWN-J3H1-6Y! 4/13/2023
19CY-7C7V-4M~ 4/4/2023 1 PQ4-QFT4-37C 3/30/2023
1 LJM-LQFP-7Xl 3/30/2023
1 YRF-L 7FC-66H 4/6/2023
13NP-PJ7Y-3NR 4/6/2023 1GJ7-CJMF-6JT 4/7/2023 1T J3-VHYQ-694 4/7/2023 1176-TQML-FTC 4/9/2023 1 JY 4-4977-3XW 4/11/2023

PERS CONTRIBUTIONS
~AL REPL,ACEMENT - PUB SP
STATE TAX: PAYMENT SDI INS: PAYMENT
FEDERAL TAX:PAYMENT
CHILD SUPPORT: PAYMENT
AFLAC INSURANCE: PAYMEN

MASTER PLAN UPDATE- REC

CONTRACT INSTRUCTOR PA
MONTHLY METER READING! MONTHLY METER READING !
MONTHLY METER READING!

SCHOOL CROSSING GUARD
EFT CK#587575 RETURNED E

SUPPLIES SUPPLIES

SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES

CREDIT FOR SUPPLIES

SUPPLIES SUPPLIES SUPPLIES SUPPLIES

SUPPLIES SUPPLIES SUPPLIES SUPPLIES
Amount Paid
1,396.62
1,000,000.00
23,140.06
5,471 .64
155,787.21
2,729.06

79.42 11 ,012.00
784.00
22,723.44
178.16
-740.00
14,105.14
160.00

37.70 465.35
139.61
71 .56
649.23
81 .88
450.00 450.40
107.70

21.54 44.16
-62.11
1,286.10
202.69

89.68 107.46

90.06 51.44
1,225.32

30.92 Page: 1
Check Total
1,396.62
1,000,000.00
23,140.06
5,471.64
155,787.21
2,729.06

79.42 11,012.00
784.00
22,161 .60
14,105.14
160.00
5,540.69
Page: 1
3 apChklst Final Check List Page: 2
04/20/2023 10:30:50AM SAN CLEMENTE
Bank: citv BANK OF THE WEST (Continued)
Check# Date Vendor Invoice Inv Date Descriotion Amount Paid Check Total 587731 4/21 /2023 005201 APPLE ONE 01 -6595629 4/5/2023 HR ADMINISTRATIVE CLERIC 916.60 916.60 587732 4/21/2023 034095 ARDENT PRESS INC 39765 4/5/2023 BUSINESS CARDS 1,066.73 1,066.73 587733 4/21/2023 035201 ASKA, BRYAN 51115273 3/24/2023 CLASS REFUND 24.00 24.00 587734 4/21/2023 019898 ATS COMMUNICATIONS 931521 4/4/2023 LA03597B - APR. 2022 PAYME 601.02 931556 4/4/2023 LA23187D APR 2022 PAYMEN. 669.93 1,270.95 587735 4/21/2023 019454 BASICS OF SKATEBOARDING 040723 4/7/2023 CONTRACT INSTRUCTOR PA 570.50 570.50 587736 4/21/2023 024972 BEST BEST & KRIEGER LLP 960517 3/16/2023 COVID-19 930.60 960522 3/16/2023 FERGUSON V. SAN CLEMEN 7,413.20
960525 3/16/2023 TRIANGLE SITE CONDEM 12,465.10
960519 3/16/2023 US NAVY GERLA-GEN LIAB 322.30
960532 3/16/2023 REAL ESTATE 497.00
960524 3/16/2023 PICO CANYON RESTORATIOI 1,526.50
958579 2/28/2023 LABOR AND EMPLOYMENT 816.50
958586 2/28/2023 EMPLOYEE BENEFITS 2,322.30
958589 2/28/2023 GENERAL PLAN/HOUSING 2,538.00
960527 3/16/2023 LABORANDEMPLOYMENT 177.50 29,009.00
587737 4/21/2023 031618 BIRD SOLUTIONS INT'L, INNO 278510 4/7/2023 BIRD TRAPPING & REHOMIN< 175.00 175.00 587738 4/21/2023 033962 BKF ENGINEERS 23040181 4/11/2023 PN 16004 - MONTALVO CANY· 4,844.00 4,844.00 587739 4/21/2023 032624 BLECKERT'S POWER SERVIC1141 4/4/2023 GENERATOR RENTAL FOR C' 1,265.25 1,265.25 587740 4/21/2023 034067 BOOMBOX MOBILE STAGE & !23113 4/10/2023 STAGE FOR CINCO DE MAYO 1,900.00 1,900.00 587741 4/21/2023 035161 BOUQUET, KRISTIN 50973727 3/20/2023 REFUND - SCHEDULE CONFL 244.00 244.00 587742 4/21/2023 035162 BREELER, HELEN 50971086 3/20/2023 REFUND - SCHEDULE CONFL 185.00 185.00 587743 4/21/2023 035245 BRITTAIN, CARNA Ref002525445 4/12/2023 UB Refund Cst #098127 8,323.31 8,323.31 587744 4/21/2023 035216 BUILDING BLOCK 3572-3 4/15/2023 THE CRAZY BOTTLE SHOW E 2,500.00 2,500.00 587745 4/21/2023 005046 C. WELLS PIPELINE MATERIASINV23-1750 3/31/2023 PIPELINE MATERIALS 187.49 SINV23-1751 3/31/2023 PIPELINE MATERIALS 249.98 437.47
587746 4/21/2023 034851 CABRILLO POINT ACADEMY 51033426 3/22/2023 REFUND OF DEPOSIT 50.00 50.00 587747 4/21/2023 017726 CALIF BUILDING STANDARDS010123-033123 4/17/2023 CA BUILDING STANDARDS FE 606.60 606.60 587748 4/21/2023 022197 CALIF FUELS & LUBRICANTS P480462-2 4/3/2023 RED DYED DIESEL 193.54 P480462-1 4/3/2023 UNLEADED REGULAR GAS 631 .68 825.22
587749 4/21/2023 003231 CALIFORNIA DEPT OF JUSTIC647415 4/5/2023 FINGERPRINT PROCESSING 832.00 832.00 587750 4/21/2023 016096 CALIFORNIA YELLOW CAB 3703023 4/6/2023 FY22 SENIOR MOBILITY PRO 4,283. 16 4,283.16 587751" 4/21/2023 01 4672 CAPISTRANO CRANE SERVIC17447 3/28/2023 CRANE RENTAL 600.00 600.00 587752 4/21/2023 035224 CARDELLA, TIFFANY NICOLE 041023 4/10/2023 3/18/23 HOTEL REIMBURSEM 1,271.13 1,271 .1 3 587753 4/21/2023 014216 CAREERS IN GOVERNMENT 1111 -14507 4/7/2023 UPGRADE ADVERTISEMENT 230.00 230.00 Page: 2
4 apChklst Final Check List Page: 3 04/20/2023 10:30:S0AM SAN CLEMENTE Bank: citv BANK OF THE WEST (Continued)
Check# Date Vendor Invoice Inv Date Descriotion Amount Paid Check Total 587754 4/21/2023 012397 CENTRAL COMMUNICATIONS000028-609-961 4/1/2023 24-HOUR PHONE SERVICE (L 541.50 541 .50 587755 4/21/2023 035039 CHEM PRO LLC IN109608 4/1/2023 CHEM PRO - W .TRTMT C.TW 344.00 344.00 587756 4/21/2023 032868 CIRCUS JOY 587595 4/14/2023 EFT CK#587595 RETURNED E 450.00 450.00 587757 4/21/2023 0187 43 CO OF ORANGE - SHERIFFS' IBen2525745 4/21/2023 GARNISHMENT: PAYMENT 737.41 737.41 587758 4/21/2023 001241 COLONIAL LIFE & ACCIDENT Ben2525737 4/21/2023 ACCIDENT INSURANCE: PAYr 181.77 181.77 587759 4/21/2023 026046 COLTS LANDSCAPE INC 041223-0223 4/12/2023 COLTS - LANDSCP WEST (SL 4,800.00 041223-0209 4/12/2023 COLTS - LANDSCP WEST (SL 610.00 5,410.00 587760 4/21/2023 035163 COMMEAU,CASSANDRA 50952183 3/20/2023 REFUND OF DEPOSIT 50.00 50.00 587761 4/21/2023 001417 CONSOLIDATED ELECTRIC D11038363 2/7/2023 MATERIALS 347.31 347.31 587762 4/21/2023 001394 COOK PGA GOLF SHOP INC, £041823 4/18/2023 04/10/23 - 04/16/23 WEEKLY P 18,234.86 18,234.86 587763 4/21/2023 006090 COX COMMUNICATIONS 058716701 3/8/2023 COX COMMUNICATIONS DAT 6,480.83 058716701 4/8/2023 COX COMMUNICATIONS DAT 6,207.01
036560403 3/1/2023 COX COMMUNICATIONS DAT 163.68
060853001 3/21/2023 COX COMMUNICATIONS DAT 123.34
063610201 3/1/2023 COX COMMUNICATIONS DAT 163.68
063610201 4/1/2023 COX COMMUNICATIONS DAT 163.68 060853001 2/21/2023 COX COMMUNICATIONS DAT 123.34 051121801 3/3/2023 COX COMMUNICATIONS DAT 536.00
036560403 4/1/2023 COX COMMUNICATIONS DAT 163.68 14,125.24 587764 4/21/2023 006090 COX COMMUNICATIONS 049223401 3/22/2023 MONTHLY COX SCADA COM~ 86.20 049351201 3/1/2023 MONTHLY COX SCADA COM~ 250.00
049351101 3/1/2023 MONTHLY COX SCADA COM~ 1,321 .35
049223401 2/22/2023 MONTHLY COX SCADA COM~ 86.38 1,743.93 587765 4/21/2023 006090 COX COMMUNICATIONS 5017601048750! 4/1/2023 A/C 501 7601 048750601 265.18 048750601 4/1/2023 A/C 001 7601 048750601 119.36 384.54 587766 4/21/2023 006090 COX COMMUNICATIONS 060930701 3/29/2023 LANDLINE PHONE SERVICES 31 .98 31.98 587767 4/21/2023 035202 CREA, RAQUEL 51125893 3/24/2023 REFUND - SCHEDULE CONFL 262.00 262.00 587768 4/21/2023 000168 CWEA-TCP 32704 3/28/2023 CERT. RENEWAL- CORY BRC 110.00 743178 4/4/2023 REGISTRATION - A. BALSER, 906.00
743179 4/4/2023 REGISTRATION - D. BURNSIC 906.00 1,922.00 587769 4/21/2023 035164 DEL ANGEL, MARCO 50951071 3/20/2023 CREDIT ON ACCOUNT REFUr 205.00 205.00 Page: 3
5 apChklst Final Check List Page: 4
04/20/2023 10:30:50AM SAN CLEMENTE
Bank: citv BANK OF THE WEST (Continued)
Check# Date Vendor Invoice Inv Date Descriotion Amount Paid Check Total 587770 4/21/2023 002647 DENAULTS HARDWARE, INC 516894 4/10/2023 HARDWARE & MAINT SUPPL! 159.95 516895 4/10/2023 HARDWARE & MAINT SUPPL! 21.31
516896 4/10/2023 HARDWARE & MAINT SUPPL! 26.17
516915 4/11/2023 HARDWARE & MAINT SUPPLI 445.84
516908 4/11/2023 HARDWARE & MAINT SUPPLI 16.95
516814 4/4/2023 HARDWARE & MAINT SUPPL! 57.10
516689 3/29/2023 HARDWARE & MAINT SUPPLI 37.30
516732 3/31/2023 HARDWARE & MAINT SUPPL! 22.17
516846 4/6/2023 HARDWARE & MAINT SUPPL! 46.49
516805 4/4/2023 HARDWARE & MAINT SUPPL! 34.74
516937 4/12/2023 HARDWARE & MAINT SUPPLI 10.17
516821 4/5/2023 HARDWARE & MAINT SUPPLI 42.58
516849 4/6/2023 HARDWARE & MAINT SUPPLI 32.95
516835 4/5/2023 HARDWARE & MAINT SUPPLI 9.60
516817 4/5/2023 HARDWARE & MAINT SUPPLI 60.07
516818 4/5/2023 HARDWARE & MAINT SUPPL! 40.19 1,063.58
587771 4/21/2023 002687 DEPT OF CONSERVATION 010123-033123 4/17/2023 SMIP FEES 2,003.78 2,003.78 587772 4/21/2023 032475 DMC ENGINEERING 02-23-021 3/31/2023 ENG23-053, 166 AVENIDA SAt 1,618.40 02-23-019 3/31/2023 ENG22-373, 104 PASEO DE U 1,618.40
02-23-020 3/31/2023 ENG22-344, 2878 VIA BELLOT 1,618.40 02-23-018 3/31/2023 ENG22-458, 3824 CALLE TIAR 3,292.90 02-23-017 3/31/2023 ENG22-095, 151 CABALLERO: 615.40 8,763.50 587773 4/21/2023 004462 DOHENY PLUMBING, INC. 66070 4/3/2023 BLDG J KITCHEN SINK GABL! 212.00 212.00 587774 4/21/2023 018372 DUNCAN SE, CAMERON D SC-T-ST-03 4/7/2023 MARINE STRUCTURAL ASSE! 4,125.00 4,1 25.00 587775 4/21/2023 004177 E STEWART & ASSOC INC 8136S 4/10/2023 CLEANING AND REMOVAL 3,400.00 8123S 4/7/2023 CLEANING AND REMOVAL 1,200.00
8122S 4/7/2023 CLEANING AND REMOVAL 200.00
8124S 4/7/2023 WEED ABATEMENT CONTRA1 5,900.00 10,700.00 587776 4/21/2023 006374 ENVIRONMENTAL RESOURCE012883 7/18/2022 VARIOUS LAB SUPPLIES 1,687.33 1,687.33 587777 4/21/2023 035246 EUBANKS, JOHN 032923 3/29/2023 PARKING REFUND 5.25 5.25 587778 4/21/2023 023219 EVANTEC CORPORATION 202300462 2/15/2023 SUPPLIES 219.49 219.49 587779 4/21/2023 034975 EWING CONSULTING INC 4 4/13/2023 CLASS & COMP STUDY 13,333.33 13,333.33 587780 4/21/2023 035165 EZQUIVEL, JOSE 50952348 3/20/2023 REFUND OF DEPOSIT 50.00 50.00 587781 4/21/2023 035244 FAZIO, STEVE 0482023 4/5/2023 BAND & SOUND ENGINEER F 1,600.00 1,600.00 Page:4
6 apChklst
04/20/2023 10:30:S0AM
Final Check List

SAN CLEMENTE
Bank : city BANK OF THE WEST (Continued)
Check# Date Vendor "'-'--'------------ =ln'"""v""'"'oi'"""ce-"---- Inv Date Descriotion 587782 4/21/2023 000026
587783 4/21/2023 012157
587784 4/21/2023 035166
587785 4/21/2023 035167 587786 4/21/2023 000993
587787 4/21/2023 031385
587788 4/21/2023 001926
587789 4/21/2023 029858
58 7790 4/21/2023 001140
587791 4/21/2023 014126 587792 4/21/2023 009472
587793 4/21/2023 035204
587794 4/21/2023 003185
587795 4/21/2023 007033
587796 4/21/2023 010722 587797 4/21/2023 008282
587798 4/21/2023 035168
FEDERAL EXPRESS CORP 8-100-25862 4/14/2023 SHIPPING CHARGES 8-093-74821 4/7/2023 SHIPPING CHARGES
FERGUSON WATERWORKS 0008620 3/29/2023 CUSTOMER #701
2440397 4/7/2023 CUSTOMER #847552
FRIEDLANDER, BRIDGET 50958123 3/20/2023 REFUND - SCHEDULE CONFL FUENTES, JULIE 50952419 3/20/2023 REFUND OF DEPOSIT
GALLS, LLC 023907937 3/20/2023 SUPPLIES
GEOSYNTEC CONSULTANTS 1423164 3/9/2023 WQMP CAMINO DE LOS MAR 1423163 3/9/2023 WQMP SANDPIPER ENERGY
1423080 2/8/2023 WQMP SHORELINE DENTAL I
GRAINGER, INC, W.W. 9671101518 4/11/2023 HARDWARE/ EQUIPMENT 9663318815 4/4/2023 HARDWARE/ EQUIPMENT 9672200491 4/12/2023 HARDWARE/ EQUIPMENT 9672409993 4/12/2023 HARDWARE/ EQUIPMENT 9670931824 4/11/2023 HARDWARE/ EQUIPMENT 9670925073 4/11/2023 HARDWARE/ EQUIPMENT
GREENTECH LANDSCAPE INC55379 3/31/2023 GREENTECH - WATER FACIL:

HACH COMPANY 13524808 4/3/2023 LAB SUPPLIES
HARBOR POINTE AIR CONDIT 46058 12/19/2022 ANIMAL SHELTER - HVAC REI HINDERLITER, DELLAMAS & PSIN026339 3/24/2023 SALES TAX SERVICES FY 20~ HOWLETT, MARK 51109339 3/24/2023 REFUND - CLASS CANCELLE IDEXX DISTRIBUTION, INC. 3126790219 4/10/2023 COLIFORM TESTING SUPPLII IMPERIAL SPRINKLER SUPPL'0010056670-00:i 4/3/2023 IRRIGATION SUPPLIES 0010162341-001 4/10/2023 IRRIGATION SUPPLIES
0010040865-00:i 4/11/2023 IRRIGATION SUPPLIES 0010185354-001 4/11/2023 IRRIGATION SUPPLIES 0010172898-001 4/11/2023 IRRIGATION SUPPLIES
0010093477-001 4/5/2023 IRRIGATION SUPPLIES
0010122078-001 4/7/2023 IRRIGATION SUPPLIES 0010078473-001 4/4/2023 IRRIGATION SUPPLIES 0010081108-002 4/4/2023 IRRIGATION SUPPLIES 0010083580-00:i 4/4/2023 IRRIGATION SUPPLIES IRV SEAVER MOTORCYCLES 20230713 4/4/2023 POLICE SERVICES MOTORC' J L RAY COMPANY INC 1-14781 4/5/2023 JL RAY - CASAR ROOF REPA JINESTA, CICELY 50952264 3/20/2023 REFUND OF DEPOSIT
Amount Paid

56.77 34.19
383.83
736.91
205.00

75.00 27.00
2,742.00
3,342.50
254.00
1,546.10
763.68
1,226.92
470.16
1,110.55
466.42
3,456.00
1,047.33
770.00
2,060.43
235.00
1,370.27

40.77 239.18
132.26
184.76

40.31 114.58

34.72 136.02
188.80

27.43 716.47
9,675.00

50.00 Page: 5
Check Total

90.96 1,120.74
205.00

75.00 27.00
6,338.50
5,583.83
3,456.00
1,047.33
770.00
2,060.43
235.00
1,370.27
1,138.83
716.47
9,675.00

50.00 Page: 5
7 apChklst Final Check List Page: 6
04/20/2023 10:30:50AM SAN CLEMENTE
Bank : citv BANK OF THE WEST (Continued)
Check# Date Vendor Invoice Inv Date Descriotion Amount Paid Check Total 587799 4/21/2023 008609 JOHNSTONE SUPPLY OF SAN2121772 4/11/2023 SIGNAL SUPPLIES 869.12 2122344 4/11/2023 SIGNAL SUPPLIES 236.46
2122016 4/5/2023 SIGNAL SUPPLIES 545.50
2121976 4/6/2023 SIGNAL SUPPLIES 313.69 1,964.77
587800 4/21/2023 006381 JTB SUPPLY COMPANY, INC 111727 3/28/2023 ELECTRICAL PARTS / BATTEI 8,495.01 111473 1/24/2023 SIGNAL SUPPLIES 4,625.50
111787 4/11/2023 SIGNAL SUPPLIES 2,449.38 15,569.89
587801 4/21/2023 035169 KENNEDY, SARA 50952155 3/20/2023 REFUND OF DEPOSIT 50.00 50.00 587802 4/21/2023 031203 KERESZTES, ERIKA 50952314 3/20/2023 REFUND OF DEPOSIT 50.00 50 .00 587803 4/21/2023 009595 KIWANIS CLUB OF SAN CLEM50952386 3/20/2023 REFUND OF DEPOSIT 309.38 309.38 587804 4/21/2023 001721 KNORR SYSTEMS INT'L LLC 196981 4/4/2023 POOL EQUIPMENT 1,913.32 1,913.32 587805 4/21/2023 013755 KOPPEL & GRUBER PUBLIC F23-1122 3/31/2023 ANNUAL ADMINISTRATION S! 908.36 908.36 587806 4/21/2023 020138 KRIEGER ELECTRIC 32895 3/26/2023 INSTALL 50AMP FOR BLDG A 3,228.00 32896 3/26/2023 MARINE SAFETY INSTALL GA 725.00 3,953.00 587807 4/21/2023 030941 LAZ KARP ASSOCIATES LLC INV0136135 4/10/2023 RED LINE TROLLEY OPERATI 17,001.60 INV0136134 4/10/2023 PILOT "GREEN LINE" - TEMP( 8,500.80 25,502.40 587808 4/21/2023 007564 LOWE'S COMPANIES, INC. 11956 3/29/2023 #0333392 SUPPLIES 220.58 59550 4/5/2023 #0333392 SUPPLIES 204.90
23912 4/11/2023 #0333392 SUPPLIES 107.43
24715 4/12/2023 #0333392 SUPPLIES 31 .71 564.62
587809 4/21/2023 006276 LSAASSOCIATES INC 187553 4/6/2023 PN 16004 - MONTALVO CYN C 338.75 338.75 587810 4/21/2023 035171 MACON, ANDREW 50952222 3/20/2023 REFUND OF DEPOSIT 50.00 50.00 587811 4/21/2023 006041 METRON-FARNIER. LLC 37485 3/30/2023 INNOV8 REGISTER 131.53 131.53 587812 4/21/2023 011030 MGT OF AMERICA CONSULTl~50059 3/6/2023 FINAL PAYMENT- SB90 SERVI 937.00 937.00 587813 4/21/2023 034370 MISSION PROTECTION SERVI0004750 4/3/2023 SECURITY GUARDS SERVICE 600.00 600.00 587814 4/21/2023 034977 MISSION SQUARE-107987 Ben2525747 4/21/2023 401A DEFERRED COMP: PAYI 695.22 695.22 587815 4/21/2023 003619 MISSION SQUARE-302452 Ben2525735 4/21/2023 DEFERRED COMP ICMA: PAY 24,826.65 24,826.65 587816 4/21/2023 034976 MISSION SQUARE-306379 Ben2525739 4/21/2023 DEFERRED COMP/ICMA PTS: 4,284.14 4,284.14 587817 4/21/2023 035208 MORRIS, LINDSEY 51033456 3/22/2023 REFUND OF DEPOSIT 50.00 50.00 587818 4/21/2023 035172 MOTA, EDUARDO 50950878 3/20/2023 REFUND OF DEPOSIT 50.00 50.00 587819 4/21/2023 030752 MUDGE, SHERI 010323-040423 4/7/2023 MILEAGE REIMBURSEMENT 54.43 54.43 587820 4/21/2023 027379 MYRIAD INDUSTRIES 61774-02 3/28/2023 SUPPLIES 150.00 62314 3/28/2023 SUPPLIES 574.15 724.15
587821 4/21/2023 003762 NATIONAL CONST RENTALS, 16944236 3/30/2023 DELIVERY & P/U STORAGE C 797.35 797.35 587822 4/21/2023 035227 NATIONAL FIRE PROTECTION8466749Y 4/6/2023 FIRE BUILDING CODE HANDE 296.26 296.26 Page:6
8 apChklst Final Check List Page: 7 04/20/2023 10:30:50AM SAN CLEMENTE Bank : citv BANK OF THE WEST (Continued)
Check# Date Vendor Invoice Inv Date Descriotion Amount Paid Check Total 587823 4/21/2023 026035 NIEMAN, GLENN Ref002525492 4/14/2023 UB Refund Cst #015712 124.64 124.64 587824 4/21/2023 012670 NIKKI'S FLAG SHOP 6603 2/6/2023 LIFEGUARD TOWER WARNII\ 893.24 893.24 587825 4/21/2023 031605 NORTHSTAR CHEMICAL 249018 4/6/2023 SUPPLY & DELIVERY OF SOC 4,859.53 4,859.53 587826 4/21/2023 017930 O'BLENES, JAMES 212 2/10/2023 REIMB. FOR GD5 EXAM WATI 155.00 155.00 587827 4/21/2023 030289 OCCUPATIONAL HEALTH CTR78821924 4/5/2023 PHYS LEVEL 2, DOT PHYSIC! 514.00 514.00 587828 4/21/2023 020603 O'CONNELL ENGINEERING & 211 3/20/2023 BEACH STORM DRAIN OUTFJ 9,850.00 9,850.00 587829 4/21/2023 001207 ODP BUSINESS SOLUTIONS L305670808001 3/27/2023 OFFICE SUPPLIES A/C #8983. 76.65 304419172001 3/22/2023 OFFICE SUPPLIES A/C #8983'. 13.08 293994314002 3/15/2023 OFFICE SUPPLIES A/C #8983'. 13.40 305042105001 3/28/2023 OFFICE SUPPLIES A/C #8983'. 76.81 305043532001 3/28/2023 OFFICE SUPPLIES A/C #8983'. 12.20 300384901001 3/28/2023 OFFICE SUPPLIES A/C #8983'. 65.18 305036915001 3/24/2023 OFFICE SUPPLIES A/C #8983'. 55.63 300048945001 3/25/2023 OFFICE SUPPLIES A/C #8983·. 240.92 305916420001 3/27/2023 OFFICE SUPPLIES A/C #8983·. 198.60 306153891001 3/29/2023 OFFICE SUPPLIES A/C #8983'. 62.14 305491800001 3/27/2023 OFFICE SUPPLIES A/C #8983. 55.57 870.18 587830 4/21/2023 025959 OMNI ENTERPRISE INC CSC841223 4/12/2023 JANITORIAL SERVICES 210.00 210.00 587831 4/21/2023 008563 ONESOURCE DISTRIBUTORS S7112667 .001 3/30/2023 SUPPLY 1,736.24 1,736.24 587832 4/21/2023 020253 O'REILLY AUTO PARTS 2676-267948 4/6/2023 PARTS 7.53 7.53 587833 4/21/2023 019277 ORIGINAL WATERMEN S80563 3/8/2023 RED BOARDSHORTS FOR FE 175.1 8 175.18 587834 4/21/2023 030280 PASHA, POYA 0000206290 3/7/2023 REIMB. FOR MEMBERSHIP #1 150.00 150.00 587835 4/21/2023 033778 PASSPORT LABS INC INV-1037482 3/31/2023 MOBILE PAY FEES 1,175.85 1,1 75.85 587836 4/21/2023 015190 PAYFLEX SYSTEMS, USA Ben2525741 4/21/2023 SEC 125 MEDICAL: PAYMENT 2,993.15 2,993.15 587837 4/21/2023 025708 PAYNE, NIKKI 50952118 3/20/2023 REFUND OF DEPOSIT 50.00 50.00 587838 4/21/2023 008613 POLYDYNE, INC 1720588 3/8/2023 POLYMER (CLARIFLOC WE-2- 17,943.61 17,943.61 587839 4/21/2023 033867 POPE, LISA MICHELLE 230409 4/9/2023 3/28/23 PUB SAFETY COM MIi 250.00 250.00 587840 4/21/2023 035002 PRESSLEY. HANNAH 030523-032823 3/28/2023 MILEAGE REIMBURSEMENT 24.82 24.82 587841 4/21/2023 033634 PRIDESTAFF INC 301652441 4/2/2023 GOLF COURSE GROUNDS KE 1,503.20 1,503.20 587842 4/21/2023 028771 PROFESSIONAL SPORTS FIEl230331 3/31/2023 PSFM - INFIELDS & TRACK (B 33,598.44 33,598.44 587843 4/21/2023 003616 PRUDENTIAL OVERALL SUPP 132181395 4/4/2023 RENTAL AND CLEANING OF L 69.52 132181394 4/4/2023 RENTALAND CLEANING OF L 110.27
132181393 4/4/2023 RENTAL AND CLEANING OF L 35.00
132181396 4/4/2023 RENTALAND CLEANING OF L 35.00
132181405 4/4/2023 1372603/1273601/1273604 UN 25.18 274.97 Page:7
9 apChklst Final Check List Page: 8
04/20/2023 10:30:S0AM SAN CLEMENTE
Bank : citv BANK OF THE WEST (Continued)
Check# Date Vendor Invoice Inv Date Descriotion Amount Paid Check Total 587844 4/21/2023 003944 QUICK CRETE PRODUCTS CC127119 3/31/2023 CARE PROGRAM CUSTOM Bl 3,588.08 3,588.08 587845 4/21/2023 000267 R & R INDUSTRIES, INC 643055 3/29/2023 CITY APPAREL 283.90 283.90 587846 4/21/2023 034177 -REAL ESTATE CONSULTING 17137 4/5/2023 FORESTER RANCH WEED AE 6,513.78 6,513.78 587847 4/21/2023 000067 RINCON TRUCK CENTER INC 351045 3/28/2023 PARTS 230.80 351320 4/6/2023 PARTS 180.18
350954 3/23/2023 PARTS 281.00
350777 3/21/2023 PARTS 297.73 989.71
587848 4/21/2023 001875 ROY ALLAN SLURRY SEAL, INPP8 4/11/2023 CONSTRUCTION FOR FY23 ~ 62,866.25 62,866.25 587849 4/21/2023 000635 SAN CLEMENTE CITY EMPLO'Ben2525733 4/21/2023 DUES - SCCEA: PAYMENT 1,540.00 1,540.00 587850 4/21/2023 011271 SAN CLEMENTE JOURNAL 6080 4/5/2023 ADVERTISING 800.00 800.00 587851 4/21/2023 014307 SAN CLEMENTE TIMES LLC 15290 4/14/2023 GREEN ISSUE PSA'S 495.00 15219 3/30/2023 PUBLIC HEARING NOTICE 917.28
15220 3/30/2023 LEGALADS 227.36 1,639.64
587852 4/21/2023 00117 4 SAN DIEGO GAS & ELECTRIC 040423A 4/4/2023 2100008059398 DISTRIBUTIO 150.37 041023G 4/10/2023 0006191078453 DISTRIBUTIO 25,163.34
040323A 4/3/2023 0027730835997 DISTRIBUTIO 646.52
040423 4/4/2023 0027990887365 DISTRIBUTIO 208.26
032923A 3/29/2023 0028215101251 DISTRIBUTIO 11,066.59
033123A 3/31/2023 0008487494048 DISTRIBUTIO 18,277.36 55,512.44 587853 4/21/2023 018587 SC ROOKIES 040723 4/7/2023 INSTRUCTOR PAYMENT 1,313.20 1,313.20 587854 4/21/2023 035228 SC YOUR CBD STORE LLC BL322601 4/7/2023 REFUND BUSINESS LICENSE 118.64 118.64 587855 4/21/2023 034777 SHENKER, TROY 041123 4/11/2023 UBER FEES 150.00 150.00 587856 4/21/2023 002196 SIERRAANALYTICAL LABS, IN3D07001 4/7/2023 LAB TESTS / BACKFLOW TE~ 2,655.00 3D06009 4/6/2023 LAB TESTS / BACKFLOW TE~ 582.50
3D06010 4/6/2023 LAB TESTS / BACKFLOW TE~ 1,397.50
3C16006 3/16/2023 RECLAIMED WATER QUALIT~ 395.00
3C16007 3/16/2023 WRP TREATMENT WATER Ql 3,510.00
3C16005 3/16/2023 POTABLE WATER QUALITY Al 2,010.00 10,550.00 587857 4/21/2023 028119 SMART ENERGY WATER 6699 3/16/2023 CREDIT CARD PROCESSING 50.00 6807 4/5/2023 CREDIT CARD PROCESSING 48.00 98.00
587858 4/21/2023 003857 SOCAL FIRST AID & SAFETY 42-023557 1/11/2023 FIRST AID SUPPLIES 539.82 539.82 587859 4/21/2023 002755 SOUTH COAST DISTRIBUTINC299570 4/11/2023 SUPPLIES 141.16 299417 4/4/2023 SUPPLIES 685.25 826.41
587860 4/21/2023 000817 SOUTH COAST WATER DISTf.4641 3/31/2023 JRWSS FY23 CAPITAL IMPRC 159,386.26 4628 4/1/2023 JRWSS FY23 OPERATION AN 71 ,615.58 231 ,001.84 Page: 8
1 0
apChklst Final Check List Page: 9
04/20/2023 10:30:50AM SAN CLEMENTE
Bank : citv BANK OF THE WEST (Continued)
Check# Date Vendor Invoice Inv Date Descriotion Amount Paid Check Total 587861 4/21/2023 003204 SOUTHERN CALIF GAS CO, lf\040523 4/5/2023 09050726000 GAS SERVICES 15.29 15.29 587862 4/21 /2023 000208 SOUTHERN COUNTIES FUEL!2354183-IN 3/30/2023 FUEL FOR CYPRUS SHORE F 1,271 .92 2353503-IN 3/28/2023 FUEL PURCHASES FOR CITY 10,940.38 12,212.30 587863 4/21/2023 031553 STABILIZER SOLUTIONS INC 0050461-IN 4/11/2023 STEED PARK MAINT. STABILI. 1,581 .01 0049989-IN 1/30/2023 STEED PARK MAINT. - STABlt 1,553.08 3,134.09 587864 4/21/2023 034443 STATE OF CALIFORNIA 22/23-OCD-ROE 4/10/2023 MONTALVO CANYON & BCH 7 2,906.88 2,906.88 587865 4/21/2023 019220 THE ADVANTAGE GROUP 155422 3/31/2023 COBRA ADMINISTRATION 219.45 219.45 587866 4/21/2023 029817 THE CHRISTMAS KINGS 23-828 3/20/2023 CHRISTMAS KINGS - PARTIAi 10,400.00 10,400.00 587867 4/21/2023 003511 TK ELEVATOR CORPORATIOl\3007196018 4/1/2023 TK - ELEVATOR SVC - BLDG/. 1,179.32 1,1 79.32 587868 4/21/2023 003436 TONY'S LOCKSMITH 41821 2/8/2023 KEYS/LOCK REPAIR 75.37 41084 4/6/2023 KEYS/LOCK REPAIR 308.17 383.54
587869 4/21 /2023 035173 TRAN, JENNIFER 50947445 3/20/2023 REFUND - CLASS CANCELLE 238.00 238.00 587870 4/21/2023 003567 TRENCH SHORING CO, INC Rl20281568 3/28/2023 CONCRETE K-RAIL / CYPRUS 474.00 474.00 587871 4/21 /2023 022435 ULINE, INC. 161650663 3/27/2023 RADIOS 143.93 143.93 587872 4/21/2023 029845 UNITED BLDG & DEVELPMT S1220 4/5/2023 LIBERTY PK DRINKING FOUN 2,980.00 1221 4/5/2023 TIERRA GRANDE PK INSTALL 1,285.00 4,265.00 587873 4/21/2023 003043 US AIR CONDITIONING DIST L6126542 3/28/2023 HVAC SUPPLIES 258.60 258.60 587874 4/21 /2023 034358 VAUGHN, STACIE 51033497 3/22/2023 REFUND OF DEPOSIT 50.00 50.00 587875 4/21/2023 012800 VERSICOLOR, INC. 3688 6/30/2021 SIGN DECALS 142.23 142.23 587876 4/21/2023 035174 VILLANUEVA, ROSA 50966424 3/20/2023 REFUND - WRONG LEVEL 195.00 195.00 587877 4/21/2023 002324 WALTERS WHOLESALE ELECS122750103.001 4/3/2023 MISC PARTS 4,973.14 S12277 4654.001 3/28/2023 MISC PARTS 740.79 5,713.93
587878 4/21/2023 023811 WELLS FARGO ADVISORS 7320 4/4/2023 QUARTERLY FEES FOR QTR 6,250.00 6,250.00 587879 4/21/2023 032472 WEST COAST ARBORIST, INC198367 3/31/2023 TREE MAINT. SVCS. BASE CC 2,018.00 2,018.00 587880 4/21/2023 014363 WEST MARINE PRO 4500 4/6/2023 40FT. OF NYLON LINE FOR P' 121.09 121 .09 587881 4/21/2023 001131 WHITE, EILEEN BERNADETTESCPC-03-2023 4/10/2023 PROFESSIONAL SERVICES 1,045.00 1,045.00 587882 4/21/2023 000012 WILLDAN FINANCIAL SERVICI010-54310 3/27/2023 CFO 99-1 3,632:50 3,632.50 587883 4/21/2023 011451 XYLEM DEWATERING SOLUTl401238186 3/16/2023 EMERGENCY RENTAL EQUIP 374.81 401239439 3/22/2023 EMERGENCY RENTAL EQUIP 5,236.65
401237755 3/14/2023 REPAIR SERVICE 2,316.25 7,927.71
Sub total for BANK OF THE WEST: 2,029,730.89
Page:9
1 1
apChklst
04/20/2023 10:30:S0AM
166 checks in this report.

Final Check List

SAN CLEMENTE
Page: 10
Grand Total All Checks: 2,029,730.89
Page: 10
1 2
City of San Clemente
Su mmary of Large Dollar Warrants
Wire# Date Vendor/Payee
2836 4/21/2023 CalPERS
2839 4/21/2023 US Treasury-Federal Withholding
Purpose
UAL Payment - Cal PERS Public Safety Plan
Federal withholding taxes for pay period end 4/16/2023
Amount
1,000,000.00
155,787.21

AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 5/2/2023 Agenda Item: 7D
Department: Utilities
Prepared By David Rebensdorf, Utilities Director
Subject:

RATIFICATION OF EMERGENCY CONSTRUCTION CONTRACT WITH VORTEX INDUSTRIES,

LLC FOR REPLACEMENT OF INDUSTRIAL DUTY DOOR AT WATER RECLAMATION PLANT Summary:

Failure of the industrial duty rolling steel door and operator at the Water Reclamation Plant (WRP) Solids Handling Building limits the storage and removal of biosolids (dewatered digested sludge) and required immediate emergency replacement which has been completed. To expedite the process for replacement of the door and to ensure uninterrupted operation and continued permit compliance, staff obtained an informal quote for the replacement of the door from a contractor that had recently replaced doors within the WRP and the City Manager approved an emergency contract for the replacement within his authority. Staff recommends the City Council ratify the Emergency Construction Contract approved by the City Manager with Vortex Industries, LLC for the replacement of an industrial duty rolling steel door and operator at the WRP.

Background:

As a result of the wastewater treatment process, dewatered biosolids are produced and then hauled away by Synagro commercial trucks to their fertilizer facility for beneficial reuse as compost. The biosolids truck-loading bay has two roll-up doors that allow trucks to enter and load biosolids into trailers, and one of the roll-up doors failed and could not be opened. Replacement was critical to continue uninterrupted removal of dewatered biosolids and to maintain permit compliance. The door failure impacted the sludge wasting operations process at the WRP as trucks require access to both of the loading bays for effective trailer loading. Partial loading of the trailers results in higher solids disposal costs and no redundancy in the operation process.

Utilities staff contacted Vortex Industries LLC, a contractor that has an excellent service history with door replacements for the City, and received a quote for the door and operator replacement for an amount not to exceed $23,700 and entered into a construction contract approved by the City Manager. The City Manager has the authority to approve emergency contracts and purchases when there is a need to protect public health and safety per Section 3.40.070 of the City of San Clemente Municipal Code.

Council Options:
· Ratify the Emergency Construction Contract with Vortex Industries, LLC. · Continue the Item and direct staff to provide additional information. · Deny the request to ratify the Emergency Construction Contract with Vortex Industries, LLC.

CITY OF SAN CLEMENTE Page 1 of 2 Printed on 4/26/2023
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Meeting Date: 5/2/2023 Agenda Item: 7D
Fiscal Impact:

Yes. There is available funding in the Sewer Operating Budget within Account No. 054-472-43450 for the $23,700 expenditure.

Environmental Review/Analysis:

Utilities staff filed a notice of exemption under the California Environmental Quality Act (CEQA) for the replacement door on April 24, 2023.

Recommended Actions:

Staff Recommendation
Staff Recommends that the City Council:

1. Make a finding that an emergency existed due to the failure of the industrial duty rolling steel door and operator at the WRP that required immediate action to protect public health and safety and maintain permit compliance, which might not have been possible to maintain if delays attributable to the typical engineering design and public competitive bidding process had been incurred;

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

3. Adopt Resolution No. 23-22 entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF SAN CLEMENTE, CALIFORNIA RATIFYING EMERGENCY CONSTRUCTION CONTRACT

WITH VORTEX INDUSTRIES, LLC FOR REPLACEMENT OF INDUSTRIAL DOOR AND OPERATOR AT WATER RECLAMATION PLANT”; and

4. Ratify a Construction Contract with Vortex Industries, LLC for an amount not to exceed $23,700 for replacement of an industrial duty rolling steel door and operator at the WRP.

Attachment:

1. Construction Contract with Vortex Industries, LLC for replacement of an industrial duty rolling steel door and operator at the WRP.

2. Resolution No. 23-22 Ratifying Emergency Construction Contract with Vortex Industries, LLC For Replacement of Industrial Door and Operator at Water Reclamation Plant.

3. CEQA Notice of Exemption Form D.

Notification:

None.

CITY OF SAN CLEMENTE Page 2 of 2 Printed on 4/26/2023
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55452.01510\32977834.2
1 CITY OF SAN CLEMENTE

CONSTRUCTION CONTRACT

REPLACEMENT OF INDUSTRIAL DUTY DOOR AND OPERATOR AT SOLIDS HANDLING

BUILDING AT WATER RECLAMATION PLANT

1. PARTIES AND DATE.

This Contract is made and entered into this _________ day of _______________, 2023 by and between the City of San Clemente, a public agency of the State of California (“City”) and VORTEX INDUSTRIES, LLC., a LIMITED LIABILITY CORPORATION with its principal place of business at 20 ODYSSEY, IRVINE, CA 92618 (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Contract.

2. RECITALS.

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

2.2 Contractor. Contractor desires to perform and assume responsibility for the provision of certain construction services required by the City on the terms and conditions set forth in this Contract. Contractor represents that it is duly licensed and experienced in providing DOOR REPLACEMENT related construction services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the services in the State of California, and that it is familiar with the plans of City. The following license classifications are required for this Project: D28 - DOORS, GATES AND ACTIVATING DEVICES.

2.3 Project. City desires to engage Contractor to render such services for the

INDUSTRIAL DUTY DOOR AND OPERATOR AT SOLIDS HANDLING BUILDING AT WATER RECLAMATION PLANT (“Project”) as set forth in this Contract.

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

3. TERMS

3.1 Incorporation of Documents. This Contract includes and hereby incorporates in full by reference the following documents, including all exhibits, drawings, specifications and documents therein, and attachments and addenda thereto:
 Services/Schedule (Exhibit “A”)
 Plans and Specifications (Exhibit “B”)
 Special Conditions (Exhibit “C”)
 Contractor’s Certificate Regarding Workers’ Compensation (Exhibit “D”)  Public Works Contractor Registration Certification (Exhibit “E”)  Payment and Performance Bonds (Exhibit “F”)
 Federal Requirements (Exhibit “G”)
 Insurance Requirements (Exhibit “H)
Attachment 1
3 55452.01510\32977834.2
2  Addenda
 Change Orders executed by the City
 2021 Edition of the Standard Specifications for Public Works Construction (The Greenbook), Excluding Sections 1-9
 Notice Inviting Bids, if any
 Instructions to Bidders, if any
 Contractor’s Bid

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

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

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

The burden of proof as to the equality of any material, process or article shall rest with Contractor. 4 55452.01510\32977834.2
3 The City has the complete and sole discretion to determine if a material, process or article is an “or equal” material, process or article that may be substituted. Data required to substantiate requests for substitutions of an “or equal” material, process or article data shall include a signed affidavit from Contractor stating that, and describing how, the substituted “or equal” material, process or article is equivalent to that specified in every way except as listed on the affidavit. Substantiating data shall include any and all illustrations, specifications, and other relevant data including catalog information which describes the requested substituted “or equal” material, process or article, and substantiates that it is an “or equal” to the material, process or article. The substantiating data must also include information regarding the durability and lifecycle cost of the requested substituted “or equal” material, process or article. Failure to submit all the required substantiating data, including the signed affidavit, to the City in a timely fashion will result in the rejection of the proposed substitution.

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

3.3 Period of Performance.

3.3.1 Contract Time. Contractor shall perform and complete all Work under this Contract within 10 WORKING DAYS days, BEGINNING ON APRIL 24, 2023 (“Contract Time”). Contractor shall perform its Work in strict accordance with any completion schedule, construction schedule or project milestones developed by the City. Such schedules or milestones may be included as part of Exhibits “A” or “B” attached hereto, or may be provided separately in writing to Contractor. Contractor agrees that if such Work is not completed within the aforementioned Contract Time and/or pursuant to any such completion schedule, construction schedule or project milestones developed pursuant to provisions of the Contract, it is understood, acknowledged and agreed that the City will suffer damage.

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

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

3.4 Standard of Performance; Performance of Employees. Contractor shall perform all Work under this Contract in a skillful and workmanlike manner, and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling 5 55452.01510\32977834.2
4 necessary to perform the Work. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Work assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Work, including any required business license, and that such licenses and approvals shall be maintained throughout the term of this Contract. As provided for in the indemnification provisions of this Contract, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any work necessary to correct errors or omissions which are caused by Contractor’s failure to comply with the standard of care provided for herein. Any employee who is determined by the City to be uncooperative, incompetent, a threat to the safety of persons or the Work, or any employee who fails or refuses to perform the Work in a manner acceptable to the City, shall be promptly removed from the Project by Contractor and shall not be re-employed on the Work.

3.5 Control and Payment of Subordinates; Contractual Relationship. City retains Contractor on an independent contractor basis and Contractor is not an employee of City. Any additional personnel performing the work governed by this Contract on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Contract and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance.

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

3.7 Compensation and Payment.

3.7.1 Amount of Compensation. As consideration for performance of the Work required herein, City agrees to pay Contractor the Total Contract Price of TWENTY THREE THOUSAND SEVEN HUNDRED Dollars ($23,700.00) (“Total Contract Price”) provided that such amount shall be subject to adjustment pursuant to the applicable terms of this Contract or written change orders approved and signed in advance by the City.

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

On or before the fifth (5th) day of each month, Contractor shall submit to the City an itemized application for payment in the format supplied by the City indicating the amount of Work completed since commencement of the Work or since the last progress payment. These applications shall be supported by evidence which is required by this Contract and such other documentation as the City may require. The Contractor shall certify that the Work for which payment is requested has been done and that the materials listed are stored where indicated. Contractor may be required to furnish a detailed schedule of values upon request of the City and in such detail and form as the City shall request, showing the quantities, unit prices, overhead, profit, and all other expenses involved in order to provide a basis for determining the amount of progress payments. 6 55452.01510\32977834.2
5 3.7.3 Prompt Payment. City shall review and pay all progress payment requests in accordance with the provisions set forth in Section 20104.50 of the California Public Contract Code. However, no progress payments will be made for Work not completed in accordance with this Contract. Contractor shall comply with all applicable laws, rules and regulations relating to the proper payment of its employees, subcontractors, suppliers or others.

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

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

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

3.7.7 Title to Work. As security for partial, progress, or other payments, title to Work for which such payments are made shall pass to the City at the time of payment. To the extent that title has not previously been vested in the City by reason of payments, full title shall pass to the City at delivery of the Work at the destination and time specified in this Contract. Such transferred title shall in each case be good, free and clear from any and all security interests, liens, or other encumbrances. Contractor promises and agrees that it will not pledge, hypothecate, or otherwise encumber the items in any manner that would result in any lien, security interest, charge, or claim upon or against said items. Such transfer of title shall not imply acceptance by the City, nor relieve Contractor from the responsibility to strictly comply with the Contract, and shall not relieve Contractor of responsibility for any loss of or damage to items. 7 55452.01510\32977834.2
6 3.7.8 Labor and Material Releases. Contractor shall furnish City with labor and material releases from all subcontractors performing work on, or furnishing materials for, the Work governed by this Contract prior to final payment by City.

3.7.9 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720 et seq., and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. Since the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Contract upon request. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at Contractor’s principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. Contractor and any subcontractor shall forfeit a penalty of up to $200 per calendar day or portion thereof for each worker paid less than the prevailing wage rates.

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

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

3.7.12 Payroll Records. Contractor and each subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. The payroll records shall be certified and shall be available for inspection at all reasonable hours at the principal office of Contractor in the manner provided in Labor Code section 1776. In the event of noncompliance with the requirements of this section, Contractor shall have 10 days in which to comply subsequent to receipt of written notice specifying in what respects such Contractor must comply with this section. Should noncompliance still be evident after such 10-day period, Contractor shall, as a penalty to City, forfeit not more than $100.00 for each calendar day or portion thereof, for each worker, until strict compliance is effectuated. The amount of the forfeiture is to be determined by the Labor Commissioner. A contractor who is found to have violated the provisions of law regarding wages on Public Works with the intent to defraud shall be ineligible to bid on Public Works contracts for a period of one to three years as 8 55452.01510\32977834.2
7 determined by the Labor Commissioner. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payments then due. The responsibility for compliance with this section is on Contractor.

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

3.7.13 Contractor and Subcontractor Registration. Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work. Contractor is directed to review, fill out and execute the Public Works Contractor Registration Certification attached hereto as Exhibit “E” prior to contract execution. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.

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

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

3.8 Performance of Work; Jobsite Obligations.

3.8.1 Water Quality Management and Compliance.

3.8.1.1 Water Quality Management and Compliance. Contractor shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Work including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); local ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the State.

3.8.1.2 Compliance with the Statewide Construction General Permit. Contractor shall comply with all conditions of the most recent iteration of the National Pollutant Discharge Elimination System General Permit for Storm Water Discharges Associated with Construction Activity, issued by the California State Water Resources Control Board (“Permit”). It shall be Contractor’s sole responsibility to file a Notice of Intent and procure coverage under the Permit for all construction activity which results in the disturbance of more than one 9 55452.01510\32977834.2
8 acre of total land area or which is part of a larger common area of development or sale. Prior to initiating work, Contractor shall be solely responsible for preparing and implementing a Storm Water Pollution Prevention Plan (SWPPP) as required by the Permit. Contractor shall be responsible for procuring, implementing and complying with the provisions of the Permit and the SWPPP, including the standard provisions, and monitoring and reporting requirements as required by the Permit. The Permit requires the SWPPP to be a “living document” that changes as necessary to meet the conditions and requirements of the job site as it progresses through difference phases of construction and is subject to different weather conditions. It shall be Contractor’s sole responsibility to update the SWPPP as necessary to address conditions at the project site.

3.8.1.3 Other Water Quality Rules Regulations and Policies.

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

3.8.1.4 Cost of Compliance. Storm, surface, nuisance, or other waters may be encountered at various times during construction of The Work. Therefore, the Contractor, by submitting a Bid, hereby acknowledges that it has investigated the risk arising from such waters, has prepared its Bid accordingly, and assumes any and all risks and liabilities arising therefrom.

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

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

3.8.1.7 Training. In addition to the standard of performance requirements set forth in paragraph 3.4, Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Work assigned to them without impacting water quality in violation of the laws, regulations and policies described in paragraph 3.8.1. Contractor further warrants that it, its employees and subcontractors will receive adequate training, as determined by City, regarding the requirements of the laws, regulations and policies described in paragraph 3.8.1 as they may relate to the Work provided under this Agreement. Upon request, City will provide the Contractor with a list of training programs that meet the requirements of this paragraph.

3.8.2 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. Contractor shall comply with the requirements of the specifications relating to safety measures applicable in particular operations or kinds of work. In carrying out its Work, Contractor shall at all times be in compliance with all applicable local, state 10 55452.01510\32977834.2
9 and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the Work and the conditions under which the Work is to be performed. Safety precautions as applicable shall include, but shall not be limited to, adequate life protection and lifesaving equipment; adequate illumination for underground and night operations; instructions in accident prevention for all employees, such as machinery guards, safe walkways, scaffolds, ladders, bridges, gang planks, confined space procedures, trenching and shoring, fall protection and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and adequate facilities for the proper inspection and maintenance of all safety measures. Furthermore, Contractor shall prominently display the names and telephone numbers of at least two medical doctors practicing in the vicinity of the Project, as well as the telephone number of the local ambulance service, adjacent to all telephones at the Project site.

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

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

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

3.8.6 Hazardous Materials and Differing Conditions. As required by California Public Contract Code Section 7104, if this Contract involves digging trenches or other excavations that extend deeper than four (4) feet below the surface, Contractor shall promptly, and prior to disturbance of any conditions, notify City of: (1) any material discovered in excavation that Contractor believes to be a hazardous waste that is required to be removed to a Class I, Class II 11 55452.01510\32977834.2
10 or Class III disposal site; (2) subsurface or latent physical conditions at the site differing from those indicated by City; and (3) unknown physical conditions of an unusual nature at the site, significantly different from those ordinarily encountered in such contract work. Upon notification, City shall promptly investigate the conditions to determine whether a change order is appropriate.

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

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

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

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

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

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

3.10 Claims; Government Code Claim Compliance.

3.10.1 Intent. Effective January 1, 1991, Section 20104 et seq., of the California Public Contract Code prescribes a process utilizing informal conferences, non-binding judicial supervised mediation, and judicial arbitration to resolve disputes on construction claims of $375,000 or less. Effective January 1, 2017, Section 9204 of the Public Contract Code prescribes a process for negotiation and mediation to resolve disputes on construction claims. The intent of this Section is to implement Sections 20104 et seq. and Section 9204 of the California Public Contract Code. This Section shall be construed to be consistent with said statutes. 12 55452.01510\32977834.2
11 3.10.2 Claims. For purposes of this Section, “Claim” means a separate demand by the Contractor, after a change order duly requested in accordance with the terms of this Contract has been denied by the City, for (A) a time extension, (B) payment of money or damages arising from Work done by or on behalf of the Contractor pursuant to the Contract, or (C) an amount the payment of which is disputed by the City. A “Claim” does not include any demand for payment for which the Contractor has failed to provide notice, request a change order, or otherwise failed to follow any procedures contained in the Contract Documents. Claims governed by this Section may not be filed unless and until the Contractor completes all procedures for giving notice of delay or change and for the requesting of a time extension or change order, including but not necessarily limited to the change order procedures contained herein, and Contractor’s request for a change has been denied in whole or in part. Claims governed by this Section must be filed no later than fourteen (14) days after a request for change has been denied in whole or in part or after any other event giving rise to the Claim. The Claim shall be submitted in writing to the City and shall include on its first page the following in 16 point capital font: “THIS IS A CLAIM.” Furthermore, the claim shall include the documents necessary to substantiate the claim. Nothing in this Section is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims, including all requirements pertaining to compensation or payment for extra Work, disputed Work, and/or changed conditions. Failure to follow such contractual requirements shall bar any claims or subsequent lawsuits for compensation or payment thereon.

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

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

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

3.10.3.3 Chronology of events and correspondence

3.10.3.4 Analysis of claim merit

3.10.3.5 Analysis of claim cost

3.10.3.6 Time impact analysis in CPM format

3.10.3.7 If Contractor’s claim is based in whole or in part on an allegation of errors or omissions in the Drawings or Specifications for the Project, Contractor shall provide a summary of the percentage of the claim subject to design errors or omissions and shall obtain a certificate of merit in support of the claim of design errors and omissions. 13 55452.01510\32977834.2
12 3.10.3.8 Cover letter and certification of validity of the claim, including any claims from subcontractors of any tier, in accordance with Government Code section 12650 et seq.

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

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

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

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

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

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

3.10.6.1 If the Parties cannot agree upon a mediator, each Party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each Party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. 14 55452.01510\32977834.2
13 3.10.6.2 For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the Parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.

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

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

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

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

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

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

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

3.10.9 Government Code Claims. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such 15 55452.01510\32977834.2
14 Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City. A Government Code claim must be filed no earlier than the date the work is completed or the date the Contractor last performs work on the Project, whichever occurs first. A Government Code claim shall be inclusive of all unresolved claims unless a new unrelated claim arises after the Government Code claim is submitted.

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

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

3.12 Indemnification.

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

3.12.2 Additional Indemnity Obligations. In addition, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its officials, employees, agents and authorized volunteers as part of any such claim, suit, action or other proceeding. Contractor shall also reimburse City for the cost of any settlement paid by City or its officials, employees, agents and authorized volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City's attorney's fees and costs, including expert witness fees. Contractor shall reimburse City and its officials, employees, agents and authorized volunteers, for any and all legal expenses and costs incurred by each of them in 16 55452.01510\32977834.2
15 connection therewith or in enforcing the indemnity herein provided. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its officials, employees, agents and authorized volunteers.

3.13 Insurance. Contractor agrees to procure and maintain, at Contractor’s expense all insurance specified in Exhibit “H” attached hereto and by this reference incorporated herein.

Contractor shall require all subcontractors to carry the same policies and limits of insurance that the Contractor is required to maintain, unless otherwise approved in writing by the City.

3.13.1 3.14 Bond Requirements.

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

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

3.14.3 Bond Provisions. Should, in City’s sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the effected bond within (ten) 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Contract until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the Total Contract Price is increased in accordance with the Contract, Contractor shall, upon request of the City, cause the amount of the bond to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. If Contractor fails to furnish any required bond, the City may terminate the Contract for cause.

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

3.15 Warranty. Contractor warrants all Work under the Contract (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the Work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Contract or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the Work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the Work or non-conformance of the Work to the Contract, 17 55452.01510\32977834.2
16 commence and prosecute with due diligence all Work necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the Work (or work of other contractors) damaged by its defective Work or which becomes damaged in the course of repairing or replacing defective Work. For any Work so corrected, Contractor’s obligation hereunder to correct defective Work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected Work.

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

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

3.16 Employee/Labor Certifications.

3.16.1 Contractor’s Labor Certification. By its signature hereunder, Contractor certifies that he is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker’s Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Work. A certification form for this purpose, which is attached to this Contract as Exhibit “D” and incorporated herein by reference, shall be executed simultaneously with this Contract.

3.16.2 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

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

3.17 General Provisions.

3.17.1 City’s Representative. The City hereby designates the General Manager, or his or her designee, to act as its representative for the performance of this Contract (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all 18 55452.01510\32977834.2
17 purposes under this Contract. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.

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

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

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

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

3.17.6 Notices. All notices hereunder and communications regarding interpretation of the terms of the Contract or changes thereto shall be provided by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows:
19 55452.01510\32977834.2
18 CONTRACTOR:

VORTEX INDUSTRIES, INC.
20 ODYSSEY, IRVINE, CA 92618
Attn: SHANNON KANE, COMPLIANCE MANAGER
CITY:

City of San Clemente
380 Avenida Pico, Bldg. N
San Clemente, CA 92672
Attn: JULIE SCHMIDT, MANAGEMENT ANALYST II
Any notice so given shall be considered received by the other Party three (3) days after deposit in the U.S. Mail as stated above and addressed to the Party at the above address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

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

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

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

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

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

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

3.17.13 [Reserved]

3.17.14 Solicitation. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Contract. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, City shall have the right to terminate this Contract without liability. 20 55452.01510\32977834.2
19 3.17.15 Conflict of Interest. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Contract, no official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Contract, or obtain any present or anticipated material benefit arising therefrom. In addition, Contractor agrees to file, or to cause its employees or subcontractors to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Work.

3.17.16 Certification of License.

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

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

Box 26000, Sacramento, California 95826.

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

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

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

3.17.20 City’s Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project or other projects. [SIGNATURES ON NEXT PAGE]
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20 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:
____________________________
City Attorney

APPROVED AS TO AVAILABILITY
OF FUNDING:
________________________________
Finance Authorization

VORTEX INDUSTRIES, LLC., A LIMITED
LIABILITY CORPORATION___________
(“CONTRACTOR”)
By:_____________________________
Its:_____________________________
Dated: __________________, 20____
22 55452.01510\32977834.2
21 EXHIBIT “A”

SERVICES / SCHEDULE
Please see attached Proposal Ref. # BB-36938 from Vortex Industries, LLC. dated 4/10/23. 23 55452.01510\32977834.2
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EXHIBIT “B”

PLANS AND SPECIFICATIONS
Please see attached Proposal Ref. # BB-36938 from Vortex Industries, LLC. dated 4/10/23. 24 55452.01510\32977834.2
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EXHIBIT “C”

SPECIAL CONDITIONS
ARTICLE 1. PAYMENT BONDS
Within ten (10) calendar days from the date the Contractor is notified of award of the Contract, the Contractor shall deliver to the City four identical counterparts of the Payment Bond on the forms supplied by the City and included as Exhibit “F” to the Contract. Failure to do so may, in the sole discretion of City, result in the forfeiture of Contractor’s bid security. The surety supplying the bond must be an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, authorized to do business as such in the State of California and satisfactory to the City.

The Payment Bond shall be for one hundred percent (100%) of the Total Contract Price. 25 55452.01510\32977834.2
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EXHIBIT “D”

WORKERS COMPENSATION INSURANCE CERTIFICATION

WORKERS' COMPENSATION DECLARATION

I hereby affirm under penalty of perjury one of the following declarations:

(ONE OF THE BOXES BELOW MUST BE CHECKED)
I have and will maintain a certificate of consent from the California Labor Commission to self-insure for workers' compensation, as provided for by Section 3700 of the Labor Code, for the performance of the work to be performed under this contract.

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

Carrier____________________________________________________ Policy Number______________________________________________

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

WARNING: FAILURE TO SECURE WORKERS’ COMPENSATION COVERAGE IS

UNLAWFUL, AND SHALL SUBJECT AN EMPLOYER TO CRIMINAL PENALTIES AND CIVIL FINES UP TO ONE HUNDRED THOUSAND DOLLARS ($100,000), IN ADDITION TO THE COST OF COMPENSATION, DAMAGES AS PROVIDED FOR IN SECTION 3706 OF THE LABOR CODE, INTEREST, AND ATTORNEY’S FEES.
26 C
n
n
55452.01510\32977834.2
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Dated: ________________________, 20____
________________________________
Consultant
By: ________________________________
________________________________
Title
________________________________
Address
________________________________
27 55452.01510\32977834.2
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EXHIBIT “E”

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

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

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

DIR Registration Number:

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

Name of Contractor
Signature
Name and Title
Dated

1 If the Project is exempt from the contractor registration requirements pursuant to the small project exemption under Labor Code Sections 1725.5 and 1771.1, please mark “Yes” in response to “Small Project Exemption.”
28 55452.01510\32977834.2
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EXHIBIT “F”

PAYMENT BONDS - WAIVED

29 55452.01510\32977834.2
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PERFORMANCE BOND - WAIVED
KNOW ALL PERSONS BY THESE PRESENTS:

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

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

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

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

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

Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City’s option:
30 55452.01510\32977834.2
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(1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or
(2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.
(3) Permit the City to complete the Project in any manner consistent with local, California and federal law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.

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

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

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

IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__).
(Corporate Seal)
Contractor/ Principal
By
Title

31 55452.01510\32977834.2
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(Corporate Seal) Surety
By
Attorney-in-Fact
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached.
(Attach Attorney-in-Fact Certificate) Title
The rate of premium on this bond is ____________ per thousand. The total amount of premium charges, $_______________________________.
(The above must be filled in by corporate attorney.)

THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety) ___________________________________________ ___________________________________________
___________________________________________
(Name and Address of Agent or ___________________________________________ Representative for service of
process in California, if different ___________________________________________ from above)
___________________________________________
(Telephone number of Surety and ___________________________________________ Agent or Representative for service
of process in California)
NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.

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Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

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

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

WITNESS my hand and official seal.

Signature of Notary Public

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

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT  Individual
 Corporate Officer
Title(s) Title or Type of Document
 Partner(s)  Limited
 General Number of Pages
 Attorney-In-Fact
 Trustee(s)
 Guardian/Conservator Date of Document
 Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
33 55452.01510\32977834.2
- 32 -

PAYMENT BOND - WAIVED
KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the City of San Clemente (hereinafter designated as the “City”), by action taken or a resolution passed ___________ , 20____has awarded to ________________ hereinafter designated as the “Principal,” a contract for the work described as follows:
_____________________________________________________ (the “Project”); and WHEREAS, the work to be performed by the Principal is more particularly set forth in the Contract Documents for the Project dated __________________ (“Contract Documents”), the terms and conditions of which are expressly incorporated by reference; and WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth.

NOW THEREFORE, we, the Principal and __________________________ as Surety, are held and firmly bound unto the City in the penal sum of ______________ Dollars ($___________) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Section 9100 of the Civil Code, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified.

This bond shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond.

It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or 34 55452.01510\32977834.2
- 33 -
subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned and the provisions of sections 2819 and 2845 of the California Civil Code.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__.
(Corporate Seal)
Contractor/ Principal
By
Title

(Corporate Seal) Surety
By
Attorney-in-Fact
Title
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached. A Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.

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

35 55452.01510\32977834.2
- 34 -
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

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

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

WITNESS my hand and official seal.

Signature of Notary Public

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

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT  Individual
 Corporate Officer
Title(s) Title or Type of Document
 Partner(s)  Limited
 General Number of Pages
 Attorney-In-Fact
 Trustee(s)
 Guardian/Conservator Date of Document
 Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above

36 55452.01510\32977834.2
- 35 -
EXHIBIT “G”

FEDERAL REQUIREMENTS
Not applicable.
37 55452.01510\32977834.2
- 36 -
EXHIBIT “H”

INSURANCE REQUIREMENTS

3.13 Insurance.

3.13.1 Time for Compliance. Contractor shall not commence work under this Contract until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract as required in section 1.1.12 of this agreement.

3.13.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Contract for work to be performed hereunder, and without limiting the indemnity provisions of the Contract, the Contractor, in partial performance of its obligations under such Contract, shall procure and maintain in full force and effect during the term of the Contract the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Contractor agrees to amend, supplement or endorse the policies to do so. (A) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 0001, or the exact equivalent, and shall be no less than $1,000,000 per occurrence and no less than $2,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits.

The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; or (3) contain any other exclusion contrary to the Contract.
(B) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering "Any Auto" (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all activities shall be in an amount of not less than $1,000,000 combined limit for each occurrence. NOTE: If Contractor does not own any company vehicles or may not be able to purchase a Business Automobile Insurance Policy, the requirement may be satisfied by providing either of the following: (1) a Personal Automobile Liability policy for the Contractor's own vehicle stipulating "Automobile Liability Insurance with a limit of not less than $1,000,000 each accident"; and (2) a non-owned auto endorsement to the Commercial General Liability policy if Contractor uses vehicles of others (e.g., vehicles of employees).
(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) Builder's Risk Insurance [“All Risk”]: The City has obtained Builder’s Risk [“All Risk”] extended coverage insurance for the Project. Contractor shall NOT procure Builder’s Risk [“All Risk”] insurance for this Project, and shall NOT include the cost of said coverage in its bid price/the Contract Price.

3.13.3 Endorsements. Required insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
38 55452.01510\32977834.2
- 37 -
(A) Commercial General Liability
(1) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Contract.

Additional Insured Endorsements shall not (1) be restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Contractor; or (4) contain any other exclusions contrary to the terms of purposes of this Contract. For all policies of Commercial General Liability insurance, Contractor shall provide endorsements in the form of ISO CG 20 10 10 01 and 20 37 10 01 (or endorsements providing the exact same coverage) to effectuate this requirement.
(2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (B) Automobile Liability:
(1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (C) Workers' Compensation:
(1) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the City, its officials, officers, employees, agents and volunteers.
(2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.

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

3.13.5 Waiver of Subrogation. All policies of Commercial General Liability, Automobile Liability insurance (if required) shall contain or be endorsed to waive subrogation against the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors.

3.13.6 Deductibles and Self-Insured Retentions. Any deductible or self-insured retention in excess of $5,000 must be approved in writing by the City and shall protect the City, its officials, officers, employees, agents and volunteers in the same manner and to the same extent as they 39 55452.01510\32977834.2
- 38 -
would have been protected had the policy or policies not contained a deductible or self-insured retention.

3.13.7 Evidence of Insurance. The Contractor, concurrently with the execution of the Contract, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates on forms approved by the City, together with all endorsements affecting each policy. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, and not replaced immediately so as to avoid a lapse in the required coverage, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.

3.13.8 Failure to Maintain Coverage. In the event any policy of insurance required under this Contract does not comply with these specifications or is canceled and not replaced immediately so as to avoid a lapse in the required coverage, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Contractor or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Contract, effective upon notice.

3.13.9 Acceptability of Insurers. Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A- VII and authorized to transact business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.

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

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

3.13.12 Insurance for Subcontractors. Contractor shall include all Subcontractors as additional insureds under the Contractor's policies, or the Contractor shall be responsible for causing Subcontractors to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City, its officials, officers, employees, agents and volunteers as additional insureds to the Subcontractor's policies. All policies of Commercial General Liability insurance provided by Subcontractors shall be endorsed to name the City, its officials, officers, employees, agents and volunteers as additional insureds using endorsement form ISO CG 20 38 04 13. Contractor shall not allow any Subcontractor to commence work until it has received satisfactory evidence of Subcontractor’s compliance with all insurance requirements under this Contract, to the extent applicable. The Contractor shall provide satisfactory evidence of compliance with this section upon request of the City. 40 41
OVORTEX® PROPOSAL
1-800-698-6783
To Site Date 4/10/2023

CITY OF SAN CLEMENTE
390 AVENIDA PICO

WASTE WATER TREATMENT CENTER
380 AVENIDA PICO
SAN CLEMENTE CA 92672 SAN CLEMENTE CA 92672
Attn. CORY BROWN
Ref. # BB-36938 Phone (949) 254-1863
Fax
Job (949) 254-1863
Phone
In accordance with the terms and conditions stated hereinafter, and on the following pages, we propose to provide the following doors and / or repa ir work (hereinafter referred to as the "Product") on the following terms .

We propose to furnish, deliver, and install the following subject to the terms noted below:

One (1) new Industrial Duty Rolling Steel Door and Operator in your existing opening complete with the following benefits:

O Galvanized steel flat slats with endlocks to maintain alignment O Finished with prime coats of baked on polyester paint O Door designed for up to 90 m.p.h. winds
O Oil tempered counterbalance springs for long lasting easy operation O New heavy duty guides for durability and security
O New heavy duty bottom rail with weather-strip
O Hood/dust cover to conceal the door coil
o Floor level chain hoist with electrical interlock for emergency manual door operation o 3-Button control station (with open/close/stop controls) O High starting torque continuous-duty motor with overload protection O 24 VAC control circuit for safety
O Adjustable friction clutch to prevent damage if the door is obstructed O Limit switch to stop the door at the open/close position o Self-locking drive mechanism
o Photo Eye Safety Sensing Device
This includes removal of existing door, install new door and operator, adjustments to the tension, alignment of the door in the opening, lubrication of all points of friction, and our Quality Assurance & Safety Check to insure proper operation of the complete door system.

FOR THE TOTAL NET SUM OF ........ ............... $21,130.00 If this order is approved by 4/12/23 the additional cost to expedite manufacturing and delivery of the door to our warehouse by the afternoon of 4/21/23 is $880.00. We would then be able to install the door the week of 4/24/23.

The cost for the service inspection and diagnose of the door on 4/7/23 is $1,687.50.

IE! Customer to list days or hours Vortex cannot do the work:

Pavment Terms: 35 % on deoosit. Balance due uoon Comoletion.

This offer is good for 30 days. SIGNED COPY MUST BE RETURNED TO OUR OFFICE WITH DEPOSIT. Offer may be revoked by Vortex at any time prior to acceptance. Hidden or unanticipated damages and/or services not included in proposal. Proposal also does not include costs of prevailing wages, if required, unless specifically identified herein.

NOTICE TO PROPERTY OWNER: lf bills are not paid In fu ll for the labor, services, equipment, or materials furnished or to be furnished, a mechanic's lien leading to the loss, through court foreclosure proceedings, of all or part of your property being so Improved may be placed against the property even though you have paid your contractor in full. You may wish to protect yours elf against this consequence by (1) requiring your contractor to furnish a signed release by the person or firm giving you this notice before making payment to your contractor or (2) any other method or device which is appropriate under the circumstances.

Any questions concerning a contractor may be referred to the Registrar, Contractors' License Board, 3132 Bradshaw Road, Sacramento, California. Mailing address: P.O. Box 26000, Sacramento, California 95862.

IMPORTANT: See following pages for additional terms, including limitations of warranty and limitations of liability which are part of this proposal, and will constitute terms of your contract with Vortex. Customer is added to our General Liabil ity policy as Additional Insured onlv when required by written contract with Customer.

Accepted: ("Customer") VORTEX INDUSTRIES, LLC. (""VORTEX"") By By Steve Wickens (OC)
Date Date 4/10/2023
License No. #287885 • VORTEX INDUSTRIES, LLC
42 OVORTEX® PROPOSAL
1-800-698-6783
To Site Date 4/10/2023

CITY OF SAN CLEMENTE
390 AVENIDA PICO

WASTE WATER TREATMENT CENTER
380 AVENIDA PICO
SAN CLEMENTE CA 92672 SAN CLEMENTE CA 92672
Attn. CORY BROWN
Ref. # BB-36938 Phone (949) 254-1863
Fax
Job (949) 254-1863
Phone
In accordance with the terms and conditions stated hereinafter, and on the following pages, we propose to provide the following doors and / or repair work (hereinafter referred to as the "Product") on the following terms.

Please note this bid INCLUDES the following:

1. Vortex Exclusive five (5) year Limited Warranty.

2. Work to be scheduled during regular business hours (M-F 7:30a-4:30p) unless otherwise stated .

3. Removal and disposal of damaged material.

Please note this bid DOES NOT INCLUDE the following:

1. Any hidden conditions or damage.

2. Any finish paint.

3. Any item not called out above.

Please fax or email signed proposal to: [email protected] (949) 333-3744
(949) 333-3813 (Fax)
Thank you for the opportunity to bid on this project.
lg] Customer to list days or hours Vortex can not do the work:

Payment Terms: 35 % on deoosit. Balance due uoon Comoletion .

This offer is good for 30 days. SIGNED COPY MUST BE RETURNED TO OUR OFFICE WITH DEPOSIT. Offer may be revoked by Vortex at any time prior to acceptance. Hidden or unanticipated damages and/or services not included in proposal. Proposal also does not include costs of prevailing wages, if required, unless specifically identified herein.

NOTICE TO PROPERTY OWNER: If bills are not paid in fu ll for the labor, services, equipment, or materials furni shed or to be furnished, a mechanic's llen leading to the loss, through court foreclosure proceedings, of all or part of your property being so Improved may be placed against the property even though you have paid your contractor in fu ll . You may wish to protect yourself against this consequence by (1) requiring your contractor to furnish a signed release by the person or firm giving you this notice before making payment to your contractor or (2) any other method or device which Is appropriate under the circumstances.

Any questions concerning a contractor may be referred to the Registrar, Contractors' License Board, 3132 Bradshaw Road, Sacramento, California. Mailing address: P.O. Box 26000, Sacramento, California 95862.

IMPORTANT: See following pages for additional terms, including limitations of warranty and limitations of liability which are part of this proposal, and will constitute terms of your contract with Vortex. Customer is added to our General Liability policy as Additional Insured only when required by written contract with Customer.

Accepted: ("Customer") VORTEX INDUSTRIES, LLC. ("VORTEX") By By Steve Wickens (OC)
Date Date 4/10/2023
license No. #287885 • VORTEX INDUSTRIES. LLC
43 LIMITED WARRANTY

1. APPLICABLE PERIOD. The VORTEX warranty for materials or labor (as appropriale) is applicable to cover problems promptly reported in wriling within the following periods specified:

1.1 NEW PRODUCT INSTALLATIONS.

A. Heavy Duty Rolling Steel Doors and Hollow Metal Doors• Five Year Limited Warranty, as follows: 1• year • 100% Material and Labor, 2"' year • 100% Material, No Labor, 3• year • 20% Material, No Labor, 4'" and 5'" Year • 10% Material, No Labor.

8. Overhead, Glass Entrance and Light Weight Rolling Steel Doors, Motors and Other New Product lnstallalion • Three Year Limited Warranty, as follows: 1• year - 100% Material and Labor, 2"' year· 20% Material, No Labor, 3,, year • 10% Malarial, No Labor.

1.2 REPAIRS.

A. Repairs Pertormed as Recommended by VORTEX: 100% Materials for 1 year, and 90 days Labor. B. Limited Scope Repairs - No Warranty.

2. LIMITED WARRANTY. OUR WARRANTY IS FURTHER LIMITED AS FOLLOWS:

2.1 Our warranty shall not extend to or cover deterioration due to rust resulting from (i) damage to the door secUon finish caused by fire, other accident or casualty, vandalism, radiation, harmful fumes or foreign substances in the almosphere, (ii) occurring as a result of any physical damage after the door left our control, or (iii) failure to provide reasonable, necessary and proper maintenance (see paragraph 3 below).

2.2 Our warranty shall not extend to or cover any damages or claims wilh respect to any products that in any way or degree have been allered, processed, misused or improperly handled or installed.

2.3 VORTEX does not warrant conformity with any building or fire codes. Customer is responsible for obtaining any required permits and giving any required notices.

2.4 WE MAKE NO OTHER WARRANTIES, REPRESENTATIONS OR COVENANTS, EXPRESS OR IMPLIED, AS TO ANY MANNER WHATSOEVER WITH RESPECT TO THIS

PRODUCT EXCEPT FOR ANY IMPLIED WARRANTY REQUIRED BY APPLICABLE LAW, AND ANY SUCH IMPLIED WARRANTIES SHALL BE LIMITED IN DURATION TO A PERIOD OF ONE YEAR FROM THE DATE OF PURCHASE.

2.5 IN THE EVENT OF THE BREACH OF THE WARRANTY DESCRIBED ABOVE, VORTEX'S SOLE RESPONSIBILITY SHALL BE TO REPAIR OR REPLACE ANY PRODUCT WHICH PROVED TO HAVE BEEN DEFECTIVE DURING THE WARRANTY PERIOD. In the event VORTEX fails to or elects not to repair or replace the defective products, VORTEX'S responsibility shall be limited to the damages specified in Section 5 below.

2.6 This warranty gives you specific legal rights, and you may also have other rights which vary from stale to stale.

2.7 Only an aulhorized corporate officer of VORTEX may modify or add to the warranties set forth above, and any such modificaUon or addiUon must be in writing and separately executed by such corporate officer.

3. OWNER'S RESPONSIBILITY.

The proper operation and maintenance of your doors is crilical. If your door is equipped with a hand chain or pull rope, control its speed and do not let It slam up or slam down. If you operate your door~ and carefully, It should last many years. However, the useful life of the doors and their component parts is not unlimited, and to assure the safe and proper operation, it is imperative that doors be seiviced and inspected every six monlhs for long life and easy operation. Failure to do so will void the warranty. You are encouraged to contact VORTEX for details on available Preventive Maintenance programs.

On such iron or steel surtaces painted by VORTEX with prime coat as are exposed to the weather, Customer agrees to complete painting with a finish coat or coats of a color of Customers choice.

4. FURTHER CONDITIONS OF WARRANTY. The foregoing warranly shall be voided and products and seivices shall be deemed sold 'as is' with all faults:

4.1 if the related invoice is not paid within thirty (30) days;

4.2 if repairs or alteralions are made by anyone other than VORTEX;

4.3 unUI any 'Recommendatkln for Additional Work Needed' is aulhorized in writing by Customer and completed by VORTEX.

You must give us the job number when first calling for warranty seivice or you will be billed for the work.

5. LIMITATIONS OF LIABILITY.

5.1 THE LIABILITY OF VORTEX FOR DAMAGES OR INDEMNITY, IF ANY, SHALL BE LIMITED TO THE AMOUNT OF THE CHARGES PAID BY CUSTOMER TO VORTEX WITH RESPECT TO THE SPECIFIC PRODUCTS OR SERVICES.

5.2 IN NO EVENT, REGARDLESS OF THE FORM OF THE ACTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, SHALL VORTEX BE LIABLE FOR

INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST SALES, NOTWITHSTANDING THE FACT THAT VORTEX MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

FURTHER TERMS AND CONDITIONS
PAYMENT TERMS. The Company that called us Is responsible for paying the bill. VORTEX provides emergency repair seivices, and Ume is of the essence to the pertormance by the parties of their obligations. Seivice bills are due and payable upon completion of work. Hours are calculated from the time the man leaves our shop until he returns. Minimum seivice charge is one hour at the current hourly rate. Customer further grants to VORTEX a security Interest in all products furnished to customer. In event of default, VORTEX shall have, in addition to all rights provided by law, the right lo repossess all products and to remove doors supplied. Overdue accounts shall accrue interest from the date payment on the account is overdue, at 10% per annum, or the maximum legal rate, whichever is greater.

WORK HOURS. VORTEX standard worl< hours are Mon. - Fri. 8:00 a.m. - 4:30 p.m. VORTEX's slandard rates shall be increased for worl< pertormed during other hours. VORTEX must be noUfied of any days or times during which scheduled worl< cannot be done. A refused field trip will be charged for.

SITE PREPARATION. Customer, at Its expense, shall assure that the wall constructkln around the opening is suitable for supporting all doors, door seals, accessories, and other items, and that there is proper clearances for lheir recepUon. When VORTEX is to provide erection, Customer at its expense shall assure that the openings into wh~h the Items or around which the Items are to be installed are complete, unobstrucled, and available to VORTEX mechanics or subcontractors without delay or interruption lo their worl<. Customer warrants safety and suitability of the structure for reception of VORTEX'S malerials and agrees to hold VORTEX and Its subcontractors harmless from liability attributed lherelo.

Unless olherwise expressly staled, this worl< order does not include lhe preparation or furnishings by VORTEX of openings, sills, jambs, lintels, structural members to which doors or accessories are to be attached, or glass or glazing, or when motor operators are furnished, any wire, fuses, or conduits, or any auxiliary steel worl< for carrying supporting or attaching power units. Electrical hookup and hauling away of old materials is not included in the work order. Cuslomer acknowledges that unloading, hoisting, storage and protection of malerials is the sole responsibility of the Customer.

PERFORMANCE EXCUSED. VORTEX shall not be liable to Customer in any manner for failure or delay to fill an order placed herein, or other failures to pertorm as a result of slrike or olher labor trouble, fire, flood, material or labor shortage, embargo, sloppage in transit, direct or indirect acls, regulations or orders of any governmental body, war, sabotage, act of God or public enemy, or other cause beyond the control of VORTEX including nonperformance of conditions precedent by Customer such as the furnishing of specifications of wall openings or other information, approval of or other aclion upon drawing.

ENFORCEMENT OF CONTRACT. This conlract (subjecl only to modification by any subsequent, and fully executed, written repair work order) constilutes the entire agreement of the parties with respect to the proposed work. There are no oral agreements made or allowed between the parties. All parties agree lhat interpretations and enforcement of the conlract shall be subject to the laws of the stale of California and any action brought to enforce any provision of the agreement shall be in the jurisdicUon and venue of the courts of Orange County, California. In the event of any aclion or proceeding lo enforce this agreement or arising out of any breach of this agreemenl, the prevailing party herein shall be entitled to recover reasonable attorney's fees and costs therein incurred.

ANY QUESTIONS CONCERNING A CONTRACTOR MAY BE REFERRED TO THE REGISTRAR, CONTRACTORS' LICENSE BOARD, 9821 BUSINESS PARK DRIVE, SACRAMENTO, CALIFORNIA, 95827. MAILING ADDRESS: P. 0. BOX 26000, SACRAMENTO, CALIFORNIA, 95826. WEBSITE: WWW.CSLB.CA.GOV.

Rev. 1/09
RESOLUTION NO. 23-22

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, RATIFYING EMERGENCY

CONSTRUCTION CONTRACT WITH VORTEX INDUSTRIES,

LLC FOR REPLACEMENT OF INDUSTRIAL DOOR AND

OPERATOR AT WATER RECLAMATION PLANT
WHEREAS, the City of San Clemente operates a Water Reclamation Plant (WRP) to treat wastewater, and dewatered biosolids are produced as a result of the wastewater treatment process which are hauled away to a fertilizer facility for beneficial reuse; and WHEREAS, failure of one of the industrial doors and operator at the biosolids truck loading bay caused an emergency situation in that one of the loading bays could not be accessed to load biosolids to be hauled away; and
WHEREAS, the inability to access both biosolids loading bays could have had a negative impact on health and safety as biosolids removal was reduced and could have caused a violation of the City’s wastewater permit; and WHEREAS, staff obtained an informal quote for an emergency replacement of the door and operator from Vortex Industries, LLC, a contractor that has performed similar work for the City, filed a notice of exemption for the work and entered into an emergency contract for the work.

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

Section 1. The City finds and determines that an emergency existed due to the failure of the industrial duty rolling steel door and operator at the WRP that required immediate action to protect health and safety and maintain permit compliance, which might not have been possible to maintain if delays attributable to the typical engineering design and public competitive bidding process had been incurred.

Section 2. The City declares that the public interest and necessity demanded the immediate expenditure of public funds to safeguard public health.

Section 3. The City Council ratifies the Emergency Construction Contract entered into with Vortex Industries, LLC for replacement of the inoperative door and operator at the WRP.

Section 4. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

PASSED AND ADOPTED this _____ day of ____________________, _______.

Attachment 2
44

__________________________
Mayor of the City of San
Resolution No. 23-22
ATTEST:
___________________________
City Clerk of the City of
San Clemente, California Clemente, California

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

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

AYES:

NOES:

ABSENT:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this _____ day of _________________, ________. __________________________
CITY CLERK of the City of
San Clemente, California
Approved as to form:
___________________________
Elizabeth A. Mitchell, City Attorney
45 Statutory Exemptions. State code number:

_______________________________________________
Print Form
Notice of Exemption Appendix E
To: Office of Planning and Research From: (Public Agency): ____________________________ P.O. Box 3044, Room 113 _______________________________________________ Sacramento, CA 95812-3044 County Clerk
(Address)
___________________________
___________________________
County of: __________________
Project Title: ____________________________________________________________________________ Project Applicant: ________________________________________________________________________ Project Location - Specific:

Project Location - City: ______________________ Project Location - County:

Description of Nature, Purpose and Beneficiaries of Project:
_____________________
Name of Public Agency Approving Project: _____________________________________________________ Name of Person or Agency Carrying Out Project: ________________________________________________ Exempt Status: (check one):

Ministerial (Sec. 21080(b)(1); 15268);
Declared Emergency (Sec. 21080(b)(3); 15269(a));
Emergency Project (Sec. 21080(b)(4); 15269(b)(c));
Reasons why project is exempt:

Lead Agency
Contact Person: ____________________________ Area Code/Telephone/Extension: _______________ If filed by applicant:

1. Attach certified document of exemption finding.

2. Has a Notice of Exemption been filed by the public agency approving the project? Yes No Signature: ____________________________ Date:

Signed by Lead Agency Signed by Applicant
Authority cited: Sections 21083 and 21110, Public Resources Code. Date Received for filing at OPR:

Reference: Sections 21108, 21152, and 21152.1, Public Resources Code. _______________
Categorical Exemption. State type and section number: ____________________________________ ______________________________________________
______________ Title: _______________________
Revised 2011
Attachment 3
46 AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 5/2/2023 Agenda Item: 8A
Department: Community Development
Prepared By Adam Atamian, Deputy Community Development Director Subject:

WEED ABATEMENT 2023 - ORDER TO ABATE NUISANCES BY HAVING WEEDS, RUBBISH,

AND REFUSE, REMOVED FROM VACANT AND UNOCCUPIED, DEVELOPED PROPERTIES Summary:

The City Council is asked to conduct a public hearing regarding the abatement of weeds, rubbish, and refuse and adopt a resolution authorizing the Community Development Director to abate the nuisances. The City’s Weed Abatement Contractor will begin clearing all vacant properties in San Clemente that are not in compliance with the City’s weed abatement standards after May 15, 2023.

The costs for the Weed Abatement Contractor to clear non-compliant lots will then be billed to the owners of such properties. Any unpaid bills remaining at the end of 2023 will be sent to the County for placement of liens to recover these costs.

Background:

At the March 21, 2023 meeting, the Council adopted Resolution 23-09 declaring weeds, rubbish, refuse, and dirt upon streets, sidewalks, parkways and private property to be public nuisances and providing for its abatement. On April 1, 2023, the City’s Weed Abatement Contractor completed the required public notification process by mailing “notification of the need to abate” letters to owners of 539 vacant and unoccupied, developed properties in the City. This list was compiled using the most current information provided by the Orange County Assessor’s office. The list was approved by the Council on March 21, 2023.

Also at the March 21, 2023 meeting, Council directed staff to find ways to streamline the annual Weed Abatement Program’s public hearing process. Pursuant to California Government Code Sections 39561 and 39562, the program utilizes an abatement process initiated through annuallyrecurring resolutions. According to California Government Code 39502, cities may adopt an ordinance to establish weed abatement regulations. In the coming months, staff will investigate the opportunity of establishing a weed abatement program through ordinance to reduce the number of Council meetings necessary to carry out this annually-recurring program.

For this year’s weed abatement program, mailings were sent on April 1, 2023, and established May 15, 2023 as the last day for clearing of parcels by owners. Per Resolution 23-09, the Council set May 2, 2023 as the date for a public hearing where any objections to the abatement process could be voiced. As indicated in the letters of notification mailed to all vacant property owners, all debris and refuse must be removed. Weeds must be cut to a height no higher than one inch (1”) from the ground, and the property must be maintained in this manner for the remainder of the calendar year.

Council Options:
· Adopt Resolution 23-23 directing abatement of weeds, rubbish, refuse, and dirt upon streets, CITY OF SAN CLEMENTE Page 1 of 3 Printed on 4/27/2023
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Meeting Date: 5/2/2023 Agenda Item: 8A
· Adopt Resolution 23-23 directing abatement of weeds, rubbish, refuse, and dirt upon streets, sidewalks, parkways, and private property.
· Continue the Item with direction to provide additional information. · Provide specific direction to the City Manager for action. · Deny Resolution 23-23 with direction to reconsider the item.

Fiscal Impact:

Yes. The Weed Abatement Program is budgeted annually in the General Fund and $160,000 was appropriated for fiscal year 2023 to cover all program costs (Acct. # 001-452-43000).

Environmental Review/Analysis:

The Community Development Department completed an initial environmental assessment of the project per the California Environmental Quality Act (CEQA). Staff recommends the City Council determine the project is Categorically Exempt from CEQA pursuant to CEQA Guidelines Sections 15301(h) (Class 1: Existing Facilities), 15308 (Class 8: Actions by Regulatory Agencies for Protection of the Environment), and 15321 (Class 21: Enforcement Actions by Regulatory Agencies) because the project is limited to maintenance of existing landscaping, native growth, and water supply reservoirs, the project consists of actions taken by regulatory agencies, as authorized by state or local ordinance, to assure the maintenance, restoration, enhancement, or protection of the environment where the regulatory process involves procedures for protection of the environment, and the project consists of actions by regulatory agencies to enforce a law, general rule, standard, or objective, administered or adopted by the regulatory agency Recommended Actions:

Staff Recommendation
STAFF RECOMMENDS THAT the City Council adopt Resolution No. 23-23 entitled A RESOLUTION

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

DIRECTOR OF COMMUNITY DEVELOPMENT TO ABATE THE NUISANCES BY HAVING WEEDS,

RUBBISH, REFUSE AND DIRT REMOVED FROM VACANT PROPERTIES AND UNOCCUPIED,

DEVELOPED PROPERTIES WITHIN THE CITY AND NOTIFYING THE STATE, COUNTY, OR ANY

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

Attachments:

1. Resolution 23-23

2. Private Property List

3. Affidavit of Mailing Notice

4. Notice of Public Hearing Letter

5. Notice of Public Hearing published in the San Clemente Times CITY OF SAN CLEMENTE Page 2 of 3 Printed on 4/27/2023
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Meeting Date: 5/2/2023 Agenda Item: 8A
Notification:

E. Stewart & Associates, Inc.

Notice of Public Hearing Letter Mailed to Vacant Lot List Property Owners Notice of Public Hearing published in San Clemente Times CITY OF SAN CLEMENTE Page 3 of 3 Printed on 4/27/2023
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Attachment 1
RESOLUTION NO. 23-23

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN

CLEMENTE, CALIFORNIA, ORDERING THE DIRECTOR OF

COMMUNITY DEVELOPMENT TO ABATE THE NUISANCES BY

HAVING WEEDS, RUBBISH, REFUSE AND DIRT REMOVED

FROM VACANT PROPERTIES AND UNOCCUPIED, DEVELOPED

PROPERTIES WITHIN THE CITY, NOTIFYING THE STATE,

COUNTY, OR ANY OTHER PUBLIC AGENCY, AND FINDING THE

PROJECT CATEGORICALLY EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT (CEQA) UNDER SECTIONS
15301, 15308, AND 15321 OF THE CEQA GUIDELINES (14 CCR
§§ 15301(h), CLASS 1: EXISTING FACILITIES, 15308, CLASS 8:

ACTIONS BY REGULATORY AGENCIES FOR PROTECTION OF
THE ENVIRONMENT, AND 15321, CLASS 21: ENFORCEMENT

ACTIONS BY REGULATORY AGENCIES)
WHEREAS, the City Council of San Clemente on March 21, 2023, adopted Resolution 23-09 pursuant to sections 39561 and 39562 of the California Government Code declaring weeds, rubbish, refuse, and dirt upon streets, sidewalks, parkways, and private property to be public nuisances and providing for the abatement thereof; and WHEREAS, the Code Compliance Division has completed the necessary public notices to owners of each parcel identified in the Weed Abatement Program, as listed in Exhibit 1 of Resolution 23-09; and
WHEREAS, these property owners have been notified that all weeds must be cut to a height no higher than one inch (1") from the ground and the property must be maintained in this manner for the remainder of the calendar year; and WHEREAS, pursuant to Government Code Section 39567.1, these property owners have been informed that if they do not remove the weeds, rubbish, refuse, and dirt, then the City will remove these nuisances, and the cost of the removal plus all related administrative costs will be billed to the non-compliant property owners; and if these costs are not paid to the City when billed, those costs will be assessed upon the land from or in front of which the weeds, rubbish, refuse, and dirt are removed and will constitute a lien upon such land until paid; and
WHEREAS, these property owners have been properly notified of the public hearing on this matter; and
WHEREAS, on May 2, 2023, the City Council held a duly noticed public hearing, and received, heard and considered all evidence and testimony presented at and before such public hearing.

NOW, THEREFORE, the City Council of the City of San Clemente does hereby resolve as follows:
4 Resolution No. 23-23 Page 2
SECTION 1: Incorporation of Recitals.

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

SECTION 2: CEQA Findings.

Based upon its review of the entire record, including the Staff Report, any public comments or testimony presented to the City Council, and the facts outlined below, the City Council hereby finds and determines that the proposed project is categorically exempt from CEQA pursuant to State CEQA Guidelines Sections 15301(h) (Class 1:

Existing Facilities), 15308 (Class 8: Actions by Regulatory Agencies for Protection of the Environment), and 15321 (Class 21: Enforcement Actions by Regulatory Agencies).

The Class 1 exemption specifically exempts from further CEQA review the operation, repair, maintenance, and minor repair of existing public or private structures, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. This exemption covers, but is not limited to, maintenance of existing landscaping, native growth, and water supply reservoirs. The project does not change the existing general use of the site. Thus, the project qualifies for the Class 1 exemption.

The Class 8 exemption specifically exempts from further CEQA review actions taken by regulatory agencies, as authorized by state or local ordinance, to assure the maintenance, restoration, enhancement, or protection of the environment where the regulatory process involves procedures for protection of the environment. The purpose of the weed abatement process is to protect the City’s environmental resources by reducing the possibility of weed and debris fires in San Clemente. Thus, the project qualifies for the Class 8 exemption.

The Class 21 exemption specifically exempts from further CEQA review actions taken by regulatory agencies to enforce a law, general rule, standard, or objective, administered or adopted by the regulatory agency. The weed abatement process enforces the Resolution 23-09, A Resolution of the City Council of the City of San Clemente, California, Pursuant to Section 39561 And 39562 of the California Government Code Declaring Weeds, Rubbish, Refuse, And Dirt Upon Streets, Sidewalks, Parkways, and Private Property to be Public Nuisances and Providing for the Abatement Thereof.

Thus, the project qualifies for the Class 21 exemption.

Furthermore, none of the exceptions to the use of the Class 1, 8, and 21 categorical exemptions identified in State CEQA Guidelines section 15300.2 apply. The project will not result in a cumulative impact from successive projects of the same type in the same place over time. The weed abatement process consists of regular maintenance activities to reduce the risk of fires in the City. There are no unusual circumstances surrounding the project that result in a reasonable possibility of a significant effect on the environment because the project is limited to the removal of weeds, rubbish, refuse, and dirt upon streets, sidewalks, parkways, and private property. The project will not damage scenic 5 Resolution No. 23-23 Page 3
resources, including trees, historic buildings, rock outcroppings, or similar resources. The project does not include any hazardous waste sites, and the project will not cause a substantial adverse change in the significance of a historical resource. The project will be carried out on vacant or unoccupied, structured lots with no historical resources affected.

And the project has no possibility of a direct or foreseeable indirect significant impact on the environment. Thus, the Class 1, 8, and 21 exemptions apply, and no further environmental review is required.

SECTION 3: The City Council, pursuant to Government Code Section 39571, hereby directs the Community Development Director or her designee to abate the nuisances by having the weeds, rubbish, refuse, and dirt removed from vacant and unoccupied, developed properties within the City of San Clemente that are not in compliance with the weed abatement standards, as indicated on the notices mailed to the property owners, at such owners’ cost, at such time as the City’s Weed Abatement Contractor arrives at the property and to notify the State, County, or any other public agency of such nuisances.

SECTION 4: The cost of the removal plus all related administrative costs will be billed to the non-compliant property owners; and if these costs are not paid to the City when billed, those costs will be assessed upon the land from or in front of which the weeds, rubbish, refuse, and dirt are removed and will constitute a lien upon such land until paid.

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

PASSED AND ADOPTED this _____ day of _________________, 2023.

ATTEST:
_______________________________ _____________________________ City Clerk of the City of Mayor of the City of
San Clemente, California San Clemente, California

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 23-__ was adopted at a regular meeting of the City Council of the City of San Clemente held on the _____ day of _________________, ________, by the following vote:

AYES:
6 Resolution No. 23-23 Page 4
NOES:

ABSENT:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this _____ day of _________________, ________. __________________________
CITY CLERK of the City of
San Clemente, California
Approved as to form:
_________________________
Elizabeth A. Mitchell, City Attorney
7 May 2, 2023
Attachment 2 - Private Property List addresses are on file with the City Clerk.

ATTACHMENT 2
8 STATE OF CALIFORNIA

COUNTY OF ORANGE

CITY OF SAN CLEMENTE

CITY OF SAN CLEMENTE

AFFIDAVIT OF MAILING NOTICE

AFFIDAVIT OF MAILING NOTICE REQUIRING THE ABATEMENT OF WEEDS, RUBBISH, REFUSE AND DIRT FROM PRIVATE PARCELS-AS PER RESOLUTION No. 23-09, PASSED BY THE CITY COUNCIL ON MARCH 21, 2023.

That I am the Contractual Weed Abatement Administrator for the City of San Clemente; that copies of the Notice of the Need to Abate noxious weeds, rubbish and dirt from private parcels as per Resolution No. 23-09, were mailed to each and every person set forth on the attached list of Resolution 23-09.

Said mailing was completed by placing a copy of said Notice in a sealed envelope, with postage prepaid, and depositing same in the U.S. Mail at San Clemente, California.

I declare under the penalty of perjury that the foregoing is true and correct.

Executed on April 1, 2023 at San Clemente, California.

EDWIN W. STEWART
E. Stewart & Associates, Inc.

Contractual Weed Abatement Administrator
City of San Clemente
ATTACHMENT 3
9 City of San Clemente
Code Compliance Division
Weed Abatement Program
Phone: (949) 498-9250 Fax: (949) 498-4961
E-Mail: [email protected]
Dear Property Owner:

Every spring the City of San Clemente notifies the property owners of undeveloped parcels and vacant, developed parcels of their responsibility to remove weeds and debris from those properties. The native and naturalized landscape of San Clemente is susceptible to fire, along with the trash and debris that can collect on unoccupied properties. Therefore, it is very important to reduce this fire potential through the removal of weeds and debris.

Notice is hereby given that on Tuesday, May 2, 2023, the City Council of the City of San Clemente will be asked to adopt a Resolution declaring that noxious or dangerous weeds may be growing upon or in front of the type of properties described above and that these weeds constitute a public nuisance which must be abated by the removal of the weeds, rubbish, refuse, and dirt. These properties, including yours, will be described more specifically in the draft Resolution presented to the City Council on that date.

Once the Resolution is adopted, should you choose not to remove the weeds and debris, they will be removed by the City, and the cost of removal billed to you. If not paid, the amount, including the City's administrative costs, will be assessed upon the land from which, or in front of which, the weeds and debris are removed and will constitute a lien upon such land until paid. In 2022 these administrative costs per lot were $200.00. A copy of the draft Resolution will be included in the Staff Report for this item, which will be posted to the City's website at www.san-clemente.org at least 72 hours prior to the May 2, 2023 City Council meeting. You may also request that a copy of the report be provided to you by contacting the City Clerk's Office by calling (949) 361-8303 or by emailing [email protected].

If you disagree with the proposed removal of the weeds and debris, you are encouraged to address the City Council at its meeting of Tuesday, May 2, 2023, at 6:00 p.m., when objections will be heard and given due consideration. The agenda for this meeting, which includes methods in which to address Council, will be posted to the City's website at www.san-clemente.org at least 72 hours prior to the meeting.

PLEASE NOTE: This notice refers to a parcel number(s) listed by the County Assessor's office most recent tax roll in your name. If you feel the property in question should not be included in the weed abatement program or you no longer are the owner of the undeveloped parcel or vacant, developed property, please contact the City's Contractual Weed Abatement Administrator, Stewart & Associates at (949) 498-9250, by email at [email protected], or by mail at: City of San Clemente Weed Abatement, c/o 1000 Calle Negocio, San Clemente, CA 92673. Please indicate the reason why your property should not be included in the weed abatement program. Please postmark any written correspondence to be received by May 15, 2023. If you wish to clean your own lot, your lot must be cleared to City standards by May 15, 2023, which require that weeds be cut to a height no higher than one inch (1") from the ground and all debris/trash be removed. Please note, the work required by the Weed Abatement Program is separate from, and in addition to, any vegetation management which may be required by the Orange County Fire Authority. The property owner must maintain the property in that manner for the remainder of the lendar ear. All lots will be inspected for compliance. Please contact (949) 498-9250 if you dditional information regarding weed abatemen
Adam Atamian, Deputy Community Development
Director
City of San Clemente Weed Abatement, do 1000 Calle Negocio, San Clemente CA 92673 www.san-clemente.org ATTACHMENT 4
10 ,
City Clerk • 910 Calle Negocio • San Clemente CA 92673
City of San Clemente
City Clerk
Laura Campagnolo, City Clerk
Phone: (949) 361-8345 Fax: (949) 361-8309
[email protected]
TO BE PUBLISHED: 4/22/2023

NOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN THAT A PUBLIC

HEARING WILL BE HELD BY THE CITY COUNCIL

OF THE CITY OF SAN CLEMENTE, CALIFORNIA,
RELATIVE TO THE FOLLOWING:

Weed Abatement Program 2023
Public Hearing to consider all objections or protests, if any, to the proposed abatement of weeds, rubbish, refuse and dirt upon streets, sidewalks, parkways and private property within the City of San Clemente. Further information may be obtained by contacting the Code Compliance Division at (949) 366-4705.

If you challenge this matter in court, you may be limited to raising only those issues you or someone else raised in written correspondence delivered to the City Council at, or prior to, the Public Hearing.

NOTICE IS FURTHER GIVEN that said Public Hearing will be held at the meeting of the City Council on May 2, 2023 at 6:00 p.m., at the San Clemente City Council Chambers, located at 910 Calle Negocio, 2nd Floor, San Clemente, California. All interested persons are invited to attend said hearing or provide written communication to the City Council to express their opinion for or against the project.

Laura Campagnolo
City Clerk
ATTACHMENT 5
11 AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 5/2/2023 Agenda Item: 8B
Department: City Manager
Prepared By Andy Hall, City Manager
Subject:

CODE AMENDMENT TO CHAPTER 3.40.030 OF THE CODE OF THE CITY OF SAN CLEMENTE

RELATING TO A LOCAL VENDOR PREFERENCE
Summary:

On Tuesday, April 4, 2023, the City Council directed staff to prepare an Ordinance updating the San Clemente Municipal Code, Title 3 Revenue and Finance, Chapter 3.40, Section 3.40.030 to include a seven (7) percent Local Vender Preference.

Background:

The proposed Ordinance replaces San Clemente Municipal Code Title 3 Revenue and Finance, Chapter 3.40.030. The updated code will provide a discretionary seven (7) percent local preference to San Clemente businesses who bid on City contracts for supplies, equipment, materials, construction, and professional services with a $150,000 maximum financial value on the preference.

The Local Vendor Preference would apply as follows:
· Only apply to contracts that involve the expenditure of funds entirely within the City’s control where responsibility and quality are equal and shall not apply to contracts that involve the expenditure of funds that are not entirely within the City’s control, such as state and federal grant funds.
· Any business or entity seeking to apply for the Local Vendor Preference must have a valid City of San Clemente business license in good standing. The business must be physically located in the municipal boundaries of the City of San Clemente, and if, for any reason, the contractor fails to qualify as a local business for more than 60 days during the entire term of the contract, the City shall be entitled to withhold or recover funds from the contractor in an amount that represents the value of the bid or proposal preference. The business must qualify as a “small business” that perform a commercially useful function within the meaning of Public Contract Code section 2002(b)(2) and (d). Local subcontractors are not eligible for the Local Vendor Preference.
· When applying the provisions of the Local Vendor Preference, the City shall apply the preference to the bid price solely for bid evaluation purposes such that the total price bid by a local business shall be reduced by the percentage, that is indicated in the Ordinance, of the bid amount, and the reduced bid amount shall be deemed the amount of the bid by the bidder. · The Local Vendor Preference does not create a right to receive a bid or proposal preference. CITY OF SAN CLEMENTE Page 1 of 2 Printed on 4/27/2023 powered by Legistar™ 1
Meeting Date: 5/2/2023 Agenda Item: 8B
· The Local Vendor Preference does not create a right to receive a bid or proposal preference.

The City Council may, at any time before the award of the contract, determine that it is not in the City’s best interest to grant a bid or proposal preference and direct staff to award the contract to the bidder or proposer eligible for the award without consideration of the Local Vendor Preference.
· The Local Vendor Preference would act as a procurement policy that meets the requirements of Public Contract Code section 2002(c).

Council Options:
· Introduce the Local Vendor Preference Ordinance that includes a discretionary seven (7) percent preference for local businesses who bid on supplies, equipment, materials, construction, and professional services with a $150,000 maximum financial value for the preference. · Continue the Item with direction to staff to modify the Local Vendor Preference Ordinance. · Continue the Item with direction to staff to provide additional information. · Deny the Local Vendor Preference Ordinance.

Fiscal Impact:

Unknown at this time. Application of the Local Vendor Preference could lead to contracts being awarded at a price higher than without the preference.

Environmental Review/Analysis:

The Ordinance is not a “project” under the California Environmental Quality Act (CEQA). Each contract to which the Local Vendor Preference would apply will be separately reviewed and analyzed under CEQA.

Recommended Actions:

Staff Recommendation
Introduce Ordinance No. 1750 entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, AMENDING AND REPLACING SAN CLEMENTE MUNICIPAL CODE TITLE 3 REVENUE AND FINANCE, CHAPTER 3.40, SECTION 3.40.030 RELATING TO A LOCAL VENDOR PREFERENCE”.

Attachment:

1. Ordinance No. 1750
Notification:

San Clemente Times
CITY OF SAN CLEMENTE Page 2 of 2 Printed on 4/27/2023
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Attachment 1
4861-3475-9263 v2
ORDINANCE NO. 1750

AN ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF SAN CLEMENTE, CALIFORNIA,

AMENDING AND REPLACING SAN CLEMENTE
MUNICIPAL CODE TITLE 3 REVENUE AND
FINANCE, CHAPTER 3.40, SECTION 3.40.030

RELATING TO A LOCAL VENDOR PREFERENCE
WHEREAS, California Public Contract Code section 2002 allows a local agency to provide for a local vendor preference in awarding contracts within the requirements of such section; and
WHEREAS, the City Council of the City of San Clemente has determined that the provision of a Local Vendor Preference Ordinance is in the best interests of the community, the local economy, and the economic stability of the City, and WHEREAS, the City Council has an interest in improving the community by leveraging, to the greatest extent possible, the funds spent contracting with private firms for goods, equipment and services to and for the benefit of the City and its residents, and WHEREAS, the City Council has determined that funds spent locally, with local businesses, provide an enhanced economic benefit to the entire City as reinvestment and recirculation of the funds in the local economy generates taxable transactions, retains and creates local jobs, increases local profits, provides for greater involvement and contributions to local charities, and increases procurement of local goods and services for resale and operations; and
WHEREAS, a Local Vendor Preference Ordinance can encourage businesses to compete for City contracting opportunities, locate operations in the City, and encourage existing local businesses to refrain from relocating to different, less expensive areas, and WHEREAS, the provisions enacted by the Ordinance meet the requirements of Public Contract Code section 2002, have a rational relationship to the legitimate governmental purpose by stimulating a local market for services, equipment, materials, supplies and any City funds will stimulate the local economy and reduce unemployment.

NOW, THEREFORE, the City Council of the City of San Clemente, California, hereby ordains as follows:
3 Ordinance No. 1750 Page 2
4861-3475-9263 v2
Section 1: Recitals and Scope
The recitals above are considered true and incorporated into this Ordinance. The scope of this Ordinance is strictly financial. This Ordinance does not allow local applicants to be relieved of any specification, license requirement or any other provision of the Bid or Request for Proposal.

This Ordinance applies only to contracts that involve the expenditure of funds entirely within the City's control where responsibility and quality are equal and shall not apply to contracts that involve the expenditure of funds that are not entirely within the City's control, such as state and federal grant funds, that due to legal restrictions prohibit its application.

Section 2: Environmental Review
This Ordinance is exempt from the provisions of the California Environmental Quality Act (“CEQA”) pursuant to Section 15061(b)(3) of the CEQA Guidelines (14 CCR 15061) because there is no possibility that the activity in question may have a significant effect on the environment and this Ordinance is not a project as defined by CEQA.

Section 3: Amendment to San Clemente Municipal Code section 3.40.030 Section 3.40.030 of the Municipal Code of the City of San Clemente is hereby amended to read in its entirety as follows:

A. Definitions
The following definitions shall apply to this Ordinance:
"Bid" means any response to a City solicitation for bids or proposals. "City" means the City of San Clemente.
"Contract" means a written agreement for the purchase of goods, equipment or services, including construction, for the benefit of the City or its residents. "Contractor" means a person, business or entity awarded a Contract by the City. “Local Vendor”, "Local Business", “Local Contractor”, or “Local Bidder” means a Small Business with a physical location in San Clemente as indicated on an approved Business License.
"Proposal" means any response to a City solicitation for bids or proposals. “Small Business” means a business or entity that meets the requirements of a small business enterprise certified pursuant to Article 1 (commencing with Section 14835) of Chapter 6.5 of Part 5.5 of Division 3 of Title 2 of the Government Code as that section may be amended from time to time and that performs a commercially useful function within the meaning of Public Contract Code section 2002(d) as that section may be amended from time to time.
4 Ordinance No. 1750 Page 3
4861-3475-9263 v2
B. Local Business License Required
Any business or entity seeking to apply the provisions of this Local Vendor Preference Ordinance must have a valid business license issued by the City of San Clemente which must be in good standing and must qualify as a Small Business. The business must be physically located in the municipal boundaries of the City of San Clemente. If for any reason the Contractor fails to qualify as a Local Business for more than 60 days during the entire term of the Contract, the City shall be entitled to withhold or recover funds from the Contractor in an amount that represents the value of the Bid or Proposal Preference.

C. Application of Ordinance
When applying the provisions of this Ordinance to a Bid, the City shall apply the preference to the Bid price solely for Bid evaluation purposes such that the total price bid by a Local Business shall be reduced by seven percent of the Bid amount, and the reduced Bid amount shall be deemed the amount of the Bid by the Bidder.

This Ordinance does not create a right to receive a Bid or Proposal preference. The City Council may, at any time before the award of a Contract, determine that it is not in the City's best interest to grant a Bid or Proposal preference and direct staff to award the Contract to the bidder or proposer eligible for the award without consideration of the provisions of this Ordinance.

Local Subcontractors are not eligible for the Local Preference.

D. Local Preference for an Open Bid
If the total combined bid amount submitted by a responsible Local Vendor is not greater than one hundred seven percent (107%) of the apparent low bid and all other rating criteria is considered to be equal, preference shall be given to the responsible Local Vendor, unless waived prior to the contract award by the San Clemente City Council finding the waiver would serve the best interests of the City and the public. However, in no case shall the amount of the preference exceed one hundred fifty thousand dollars ($150,000). This provision shall not apply to contracts required by state or federal statutes and/or regulations to be awarded to the 'lowest responsible bidder', or otherwise exempted from local preference.

E. Local Preference for a Sealed Bid
A seven percent (7%) preference shall be granted to Local Vendors on all sealed bids, unless waived prior to the contract award by the San Clemente City Council finding the waiver would serve the best interests of the City and the public. However, in no case shall the amount of the preference exceed one hundred fifty thousand dollars ($150,000). This 5 Ordinance No. 1750 Page 4
4861-3475-9263 v2
provision shall not apply to contracts required by state or federal statutes and/or regulations to be awarded to the 'lowest responsible bidder', or otherwise exempted from local preference.

F. Local Preference Procurement Policy
This Local Vendor Preference Ordinance is intended to act as a procurement policy within the meaning of and in compliance with the requirements of Public Contract Code section 2002(c).

E. Oversight
City staff shall investigate any allegation of potential fraudulent behavior on the part of a entity or individual for the purpose of qualifying for and being awarded a Local Vendor Preference. If the City Council determines after a hearing that a Contractor was not actually qualified as a Local Business at the time that the application for the Local Vendor Preference was made or at the time that the contract was awarded, the City shall be entitled to withhold or recover funds from the Contractor an amount that represents the value of the Bid or Proposal Preference and/or the City may, in its discretion, declare the contract void and the Contractor’s Bid non-responsive and award the contract without regarded to such Bid.

Section 4: Severability
All ordinances or parts of ordinances or resolutions or parts of resolutions in conflict with any applicable law are hereby repealed to the extent of such conflict and no further.

Section 5: Effective Date
This ordinance shall take effect 30 days after passage and proper publication at least once in a newspaper of general circulation in the City of San Clemente.

Section 6: The City Clerk shall certify to the passage of this ordinance and cause the same to be published as required by law, and the same shall take effect as provided by law.

INTRODUCED AND FIRST READ at a regular meeting of the City Council of the City of San Clemente, California, on the 2nd day of May, 2023.

APPROVED AND ADOPTED at a regular meeting of the City Council of the City of San Clemente, California, on _____day of _________________, 2023.

ATTEST:
6 Ordinance No. 1750 Page 5
4861-3475-9263 v2
_______________________________ ___________________________ City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.

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

AYES:

NOES:

ABSENT:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this _____ day of ______________________, ________.
__________________________
CITY CLERK of the City of
San Clemente, California
APPROVED AS TO FORM:
__________________________
Elizabeth A. Mitchell, CITY ATTORNEY
7 AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 5/2/2023 Agenda Item: 8C
Department: Beaches, Parks and Recreation
Prepared By Samantha Wylie, Beaches, Parks & Recreation Director Subject:

RICHARD T. STEED MEMORIAL PARK/BARON VON WILLARD DOG PARK MASTER PLAN

UPDATE, CERTIFICATION OF INITIAL STUDY AND ADOPTION OF MITIGATED NEGATIVE

DECLARATION AND MITIGATION, MONITORING AND REPORTING PROGRAM FOR THE

PROJECT
Summary:

The update to the Richard T. Steed Memorial Park/Baron Von Willard Dog Park (“Steed Park”) Master Plan has been prepared for consideration by the City Council. The plan was presented to the Beaches, Parks & Recreation Commission and the Commission recommended the City Council approve the updated plan. Staff has been working to update the master plan since 2021 by gathering community feedback and completing an updated park space design that reflects the growing recreational needs of the community. The concept presented to Council (Attachment 1) includes an expanded skate park, upgraded dog park, pump/bike track, new restroom/concession facilities, connecting pathways, a 16-court pickleball facility, large multi-purpose field, sand volleyball courts or multi-use indoor/outdoor flex facility, additional parking, and softball complex improvements.

In 2022, based on the final proposed draft of the master plan design, staff initiated the environmental analysis for Steed Park. An Initial Study, a Mitigated Negative Declaration and Mitigation, Monitoring and Reporting Program in accordance with CEQA have been prepared for the update (Attachment 2), finding that there is no substantial evidence that the project may have a significant effect on the environment, or that there will not be a significant effect after the implementation of feasible mitigation measures. The Council is being asked to make California Environmental Quality Act findings related to the Steed Park project, certify the Initial Study and adopt the Mitigated Negative Declaration and Mitigation, Monitoring and Reporting Program.

In addition to providing recreational opportunities, the San Clemente parks system has demonstrated its economic benefits, such as increasing property values and attracting visitors, which can generate revenue for the local community. Therefore, approving a park master plan may be seen as an investment in the community's long-term economic health.

Background:
2023 Master Plan Update Process
At its March 2, 2021 meeting, the City Council awarded a contract to SWA, a landscape architect firm, to update five site-specific park master plans, including Bonito Canyon Park, Linda Lane Park, Richard T. Steed Memorial Park/Baron Von Willard Dog Park, San Gorgonio Park, and San Luis Rey Park.

Per the agreement, SWA and the Beaches, Parks and Recreation Department compiled and released CITY OF SAN CLEMENTE Page 1 of 8 Printed on 4/26/2023
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Meeting Date: 5/2/2023 Agenda Item: 8C
Per the agreement, SWA and the Beaches, Parks and Recreation Department compiled and released a survey to the public in April 2021 to gather feedback and comments on the five parks listed above.

Following the survey, public workshops were held on May 11, 2021, and May 13, 2021, that offered community members an opportunity to provide comments directly to SWA and City staff regarding park amenities.

At its September 2, 2021 meeting, the Beaches, Parks and Recreation Commission (“Commission”) provided comments on the first draft conceptual designs of the site-specific park master plans.

On September 22, 2021, and September 23, 2021, on-site park open houses were held to gather feedback and answer questions regarding the first draft conceptual designs. On October 21, 2021, a public forum was held as an additional opportunity for the public to comment and ask questions regarding the first draft of conceptual designs. Based on the collective feedback received at these outreach meetings and forums, SWA prepared a second draft of the master plan updates.

On December 14, 2021, the Commission reviewed and recommended approval of the second draft of the master plan, which incorporated the addition of 16 new pickleball courts at Steed Park based on feedback from the public during the open houses and public forums. The Commission also recommended incorporating lighting into the pickleball court area.

At its February 14, 2023 meeting, the Commission reviewed the conceptual plan update to confirm the prior findings, with the understanding that the proposed findings from the environmental review recommended a mitigated negative declaration as sufficient for this project.

Steed Park Designation and Historical Use(s)
The City was deeded the land that is now the Steed Park baseball complex in 1987. Within one year of acceptance, the City developed plans to build a complex with four softball/baseball fields with an upper and lower parking lot area, as they exist today.

In 2000 and 2002, the City revised the master plan to include a skate park and a dog park, respectively, as they currently exist.

In 2003, the City adopted a master plan for the park that included six ballfields, a small open play field, a roller hockey rink, a skate park, a dog park, lighted basketball courts, bocce courts, a universally accessible tot lot, concession buildings, picnic areas, bike trails, regional trailhead staging area, picnic areas, benches, and restrooms.

Through the 1999 and 2018 Beaches, Parks & Recreation Master Plans, each of the City’s parks received a category description to provide an understanding of each park’s intended use as designated. The park designation definitions are taken into consideration when drafting the site plan updates. Steed Park is classified as a Community Park, defined below.

Community Parks: Community parks are designed to serve larger portions of the City or the entire City. They are generally over 10 acres in size. These parks include major sports facilities such as baseball, softball, soccer, football, tennis, and basketball. These facilities generally include field lighting and parking lots to accommodate high use. Neighborhood park amenities (picnic areas and children’s play areas) are also included since community parks are also designed to serve neighborhood park needs.

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2023 Steed Park Master Plan Update
Through the community input process, the public provided feedback that identified Steed Park as a regional facility, hosting large sporting events, with the potential to establish a large space for pickleball, expand the existing skate park, and improve the existing off-leash dog park, amongst other improvements. The initial survey received over 700 responses, with 93% being San Clemente residents. The findings of the community survey specific to Steed Park are summarized in Attachment 3. The layout of the survey allowed respondents to choose which parks they wanted to provide feedback on, therefore the attachment page numbers may appear out of order. The complete survey results with all five parks are on file with the Beaches, Parks & Recreation Department.

Based on the outreach, the conceptual plan for Council consideration includes:
· Relocate and improve the dog park to the undeveloped lot within the complex. · Build a new pump/BMX bike track area at the current dog park location. One side would be a dirt surface and the other would be asphalt.
· Build a restroom and picnic facility in the pump track area to support the track and the adjacent regional trailhead.
· Add scoreboards to baseball fields.
· Improve spectator seating at the baseball complex.
· Expand the existing skate park to a state-of-the-art skate facility providing a combination of skate styles supported. Include a concession/office area. · Add sports field lighting to a large Activity Meadow. · Add restroom facility to Activity Meadow space.
· Add 16 lighted pickleball courts with restroom/concession space. · Add up to 4 sand volleyball courts.
· Establish a multi-use indoor/outdoor building to allow for large events, rentals, and flexible recreation class/camp programming.
· Build a lookout space that would capture the expansive hillside/mountain views of San Clemente.
· Expand the parking lot to include an additional 100 parking spaces. · Consider an additional parking area from the City-owned lot adjacent to the animal shelter off Avenida Fabricante.

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Additionally, given the extensive proposed development enhancements to Steed Park, staff are recommending the Council designate Steed Park as a Regional Park, as defined below. For context, the Vista Hermosa Sports Park is also designated as a Regional Park.

Regional Parks: A large park that serves a larger geographic area, such as a city, county, or even a state or region. These parks often have a wide range of recreational amenities, such as sports fields hosting regional tournaments, picnic areas, playgrounds, interconnecting trail systems, and nature centers. Regional parks are designed to provide opportunities for outdoor recreation and relaxation for a wide range of users, including tourists and visitors.

Lastly, based on Council direction at its April 4, 2023, staff will be returning to Council at its May 16, 2023 meeting with an item to consider an option to design up to 24 courts at Steed Park with the potential for private funding. At that time, staff will be prepared to address any additional requirements that may be needed to incorporate this type of change into the master plan.

Fiscal Impact:

Approving the update to the Steed Park Master Plan at this time will have no fiscal impact. Adoption of a master plan update does not guarantee funding of the proposed changes however, per the master plan services contract, SWA provided estimated costs to the Beaches, Parks & Recreation Department in February 2022 (Attachment 4). At this time, the total estimated costs for the Steed Park upgrades were $15,011,557. A summary breakdown is provided in the table below. This figure does not include construction documents, utility upgrades, utility relocation, unknown conditions, inflation, surveys, additional studies that may be required as part of the design and construction phase, or stormwater upgrades.

Cost Summary per “Activity Hub”
Skatepark Hub $3,101,285
Baseball Hub $3,143,008(*)
Mountain Bike Hub $1,559,315
Parking Hub $438,987
Recreation Hub $6,768,961
(*) This figure includes a recommendation to upgrade the existing ballfield lights, however, this project was funded in FY 2021-22 and completed in FY 2022-23. The updated figure for this Hub should reflect $2,143,008.

Note, through the FY 2022-23 Annual Budget & CIP Program adoption, the Council determined pickleball courts at Steed Park were a high priority and subsequently approved $3 million in funding towards the initial design and construction phase of the pickleball facility. The pickleball facility is included in the “Recreation Hub” of the cost breakdown above.

Adopting the master plan and environmental findings will allow staff to begin initiating conversations with potential sponsoring organizations and collaborate with the Friends of San Clemente Beaches, Parks & Recreation Foundation to consider fundraising opportunities for the future development of each activity sphere within the plan.

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For the Council’s reference, some typical options to fund park development outside of the General Fund include:
· Government Grants: Federal and State offices often offer grants for park development and public access to public spaces.
· Private Donations: Private individuals or organizations can donate money to fund the park development through fundraising campaigns, and events or reach out to local businesses to seek donations.
· Corporate Sponsorship: Approach local businesses and corporations to sponsor the park development. In exchange, they can receive naming rights or advertising space in the park. · Bond Issues: Governments can issue bonds to fund park development. · Special Assessments: A special assessment is a tax levied on a specific area to fund a specific project. This can be used to fund park development.

At this time, staff is not providing a recommendation on any of the above options, but sees it beneficial to provide a snapshot of considerations for the future. After additional research on these areas and collaboration with the community and major stakeholders, staff expects to return to Council at later date to provide a recommendation on feasible, long-term methods to consider for Steed Park along with a list of suggested priorities.

Additionally, ongoing maintenance and operation costs will be required for consideration and analysis at a future time by the City Council.

Environmental Review/Analysis:

In June 2022, the City Council approved a contract with UltraSytems Environmental, Inc. for the preparation of the environmental analysis under the guidelines of the California Environmental Quality Act (“CEQA”) for the Steed Park master plan based on conceptual designs recommended for approval by the Commission in December 2021.

Staff has prepared an Initial Study (“IS”) and corresponding Mitigated Negative Declaration (“MND”) and Mitigation, Monitoring and Reporting Program (“MMRP”). The complete environmental documents are on file with the City Clerk’s Office and Beaches, Parks and Recreation Department.

Due to the large size of the file, a direct link is included in Attachment 2.

Based on IS findings, the project would have no impact or a less than significant impact on the following environmental categories:
· Aesthetics
· Agriculture and Forestry Resources
· Air Quality
· Greenhouse Gas Emissions
· Hazards and Hazardous Materials
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· Hydrology and Water Quality
· Land Use and Planning
· Mineral Resources
· Population and Housing
· Public Services
· Recreation
· Transportation and Traffic
· Utilities and Service Systems
· Wildfire
Based on IS findings, the project would have a less than significant impact on the following environmental categories when proposed mitigation measures are implemented:
· Biological Resources
· Cultural Resources
· Geology and Soils
· Noise
· Tribal Cultural Resources
· Mandatory Findings of Significance
The report provides options for consideration of mitigation measures (“MMs”) related to the findings of the IS that would have a less than significant impact. A summary of the Biological findings MMs are to encourage surveying of critical species and recognized resources; install barriers that protect the natural vegetation communities; and develop methods to attenuate noise produced from the activities on the native species. The complete report related to Biological findings begins on pages 4.4-1 of the IS/MND.

Cultural Resources MMs summary is to halt any construction activity if archaeological resources or human remains are found. The contractor/City should report these findings to the appropriate regulatory agency for further investigation. The full findings are on pages 4.5-6 of the IS/MND.

To reduce the Geology and Soil impact, MMs summary includes the hiring of a paleontologist during construction to develop a Paleontological Resources Impact Mitigation Plan (“PRIMP”) for the site to mitigate any potential impacts to unknown buried resources. The full findings are on pages 4.7-11 of the IS/MND.

The Noise impact can be mitigated by considering MMs through the construction process that reduces the impact of construction vibration of equipment and scheduling. The full findings are on pages 4.13-16 of the IS/MND.

Tribal Cultural Resources should be considered throughout the construction process. The MMs for this component include the reporting as required through AB 52 which requests on-site monitoring by the Juaneño Band of Mission Indians - Belardes and ongoing consultation with the Juaneño Band to stay apprised of findings and discoveries. The full findings are on pages 4.18-3 of the IS/MND.

Based on the findings of the Initial Study, there is no substantial evidence that the project may have a significant effect on the environment, nor that there will be a significant effect after the implementation of feasible mitigation measures included in the MMRP. Therefore, pursuant to Section 21080 of the CITY OF SAN CLEMENTE Page 6 of 8 Printed on 4/26/2023
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Meeting Date: 5/2/2023 Agenda Item: 8C
of feasible mitigation measures included in the MMRP. Therefore, pursuant to Section 21080 of the Public Resources Code and the CEQA Guidelines Section 15070, the City, as the Lead Agency of the project, may find that an MND is an alternative to preparing an environmental impact report (EIR).

The Initial Study, Mitigated Negative Declaration and Mitigation, Monitoring and Reporting Program were circulated to the public for review and comment at the State Clearinghouse (2023030298) for the required thirty (30) days from March 8, 2023 to April 10, 2023. No comments were received during this time period.

Council Options:
· Adopt Resolution 23-24 confirming the findings of the environmental review, and certifying and adopting the Initial Study, adopting the Mitigated Negative Declaration and adopting the Mitigation, Monitoring and Reporting Program, and adopt Resolution 23-25 approving and adopting the updates to the Richard T. Steed Park Memorial Park Master Plan. · Modify and approve Resolution 23-24 and/or Resolution 23-25. · Continue the Item with direction given to staff related to the use of this parkland. · Deny Resolution 23-24 and/or Resolution 23-25.

Recommended Actions:

Staff Recommendation
Staff and the Beaches, Parks & Recreation Commission recommend that the City Council approve the update to the Richard T. Steed Memorial Park Master Plan with the modification that lights be considered at the pickleball courts in future development; and Staff recommends that the City Council:
1) Adopt Resolution No. 23-24 entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF SAN CLEMENTE, CALIFORNIA, CERTIFYING AN INITIAL STUDY, ADOPTING A

MITIGATED NEGATIVE DECLARATION AND ADOPTING A MITIGATION, MONITORING AND REPORTING PROGRAM FOR THE RICHARD T. STEED MEMORIAL PARK/BARON VON WILLARD DOG PARK MASTER PLAN UPDATE”; and
2) Adopt Resolution No. 23-25 entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, ADOPTING THE RICHARD T. STEED MEMORIAL

PARK MASTER PLAN, MAKING A FINDING OF COMPLIANCE WITH THE SAN CLEMENTE CENTENNIAL GENERAL PLAN AND AMENDING RESOLUTION NO. 03-32”.

Attachment:

1. Richard T. Steed Memorial Park Master Plan Conceptual Drawing

2. Environmental Analysis - Initial Study, Mitigated Negative Declaration and Mitigation, Monitoring and Reporting Program

3. Community Survey Summary

4. Estimated Development Costs (2/2022)

5. Resolution No. 23-24 Adoption of Environmental Analysis - Initial Study, Mitigated Negative CITY OF SAN CLEMENTE Page 7 of 8 Printed on 4/26/2023
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Meeting Date: 5/2/2023 Agenda Item: 8C

5. Resolution No. 23-24 Adoption of Environmental Analysis - Initial Study, Mitigated Negative Declaration and Mitigation, Monitoring and Reporting Program in accordance with CEQA

6. Resolution No. 23-25 Approval of Master Plan Update
Notification:

Public Hearing Notice advertised in San Clemente Times, 4/20/2023 Property Owners within 300 feet of 247 Avenida La Pata (Park Property) Interested Parties - “Master Plan”
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28 ❖
Disclaimer: Representations on this map or illustration are intended only to indicate locations of project parameters reported in the legend. Project parameter information supplied by others {see layer credits) may not have been independently verified for accuracy by UltraSystems Environmental, Inc. This map or illustration should not be used for, and does not replace, final grading plans or other documents that shoukf be professionally certified for development purposes.

Path. \\g1ss vr\GIS\Prc,jecti',7179_SanClem•n t• _ RiehardT.StHd_M•marialPrk_lS_ MND\MXDt.171711_SanCl1tm.nll!_2_0_R.ag!Qnal_Loealion_2022_08_28.mxd 5erviee l ayer Credits: Sourtes: Esri. HERE, Garmin, USGS. ln te,map. WIICREMENT P. NRCan. Esti Japan, METI. Et.Ii China {Hong Kong), Esri Korea, Esrl {Thailand). NGCC. (c) OpenStreetMap conlribu k:111, and th e GIS User Community: Ultr,Sy,tem, Environ men lilt, lne., 2022 Scale: 1 :633,600 N
A
Legend
• Project Location
0 5 10 Miles
0 5.5 11 Kilometers
June 30, 2022
Richard T. Steed
Memorial Park MPU
Regional Location
❖






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29 ❖
Project Location
Disclaimer: Representations on this map or illustration are intended only to indicate locations of project parameters reported in the legend. Project parameter information supplied by others (see layer credits) may not have been independently verified for accuracy by UltraSystems Environmental, Inc. This map or illustration should not be used for, and does not replace, final grading plans or other documents that should be professlonalty certified for development purposes.

Path: \\Gissv r\gis\Projects\7179_SanClemente_RichardT.Steed_MemorialPrk_lS_MN D\MXDs\7179_SanClemente_3_0_Project_Location_2022_06_09.mxd Service layer Credits: Sources: Esri , HERE, Garmin, USGS. lnlermap, INCREMENT P, NRCan, Esri Japan, METI, Esri China (Hong Kong), Esri Korea, Esri (Thailand). NGCC , (c) OpenStreetMap contributors , and the GIS User Community, Esri , HERE, Gannin, {c) OpenStreelMap contributors, and lhe GIS user community, Source: Esri. Maxar, Earthstar Geographies, and the GIS User Community; Ultra Systems Environmental, Inc., 2022 Legend
Scale : 1 :6,000 N c:::::J Project Boundary
i ___ J County Boundary
0 250 500 Feet
0 60 120 Meters
June 09, 2022
Richard T. Steed
Memorial Park MPU
Project Location
UltraSyst e m s ~,,,, ~ rr,,nr.o . ,.,, , 1<1N•1<r • l ,nr,,ng ❖






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30 Project
Location
❖
Disclaimer: Representations on this map or illustration are intended only to indicate locations of project parameters reported in the legend. Project parameter information supplied by others (see layer credits) may not have been independently verified for accuracy by UltraSystems Environmental, Inc. This map or illustration should not be used for, and does not replace, final grading plans or other documents that should be professional ly certified for development purposes.

Path: \\Gissvr\gis\Projecls\7179 _SanClemente_ Rich ardT.Steed_Mem orialPnt_lS _MN D\MXOs\7179 _Sane lemente_ 4_5_ Topo_2022_06_ 09.mxd Service Layer Credits: Sources: Esri, HERE, Garmin , USGS, lntermap, INCREMENT P, NRCan , Esri Japan , METI , Esri China (Hong Kong), Esri Korea, Esri (Thailand), NGCC , (c) OpenStreetMap contributors , and the GIS User Community, CopyrightCl 2013 National Geographic Society, i-cubed ; California Department of Conservation, 2019; U1traSystems Environmental , Inc., 2022
June 09, 2022
Scale : 1 :24,000 N
0 1,000 2,000 Feet
0 250 500 Meters
Legend
c:J Project Boundary
© Half-Mile Radius
c:--=::, Township Boundary
II II Section Boundary
Richard T. Steed
Memorial Park MPU
Topographic Map
USGS Quadrangle: San Clemente
To wnship: 8S Range : 7W
Section: 26
UltraSyst e m s ~,,,, ~ rr,,nr.o . ,.,, , 1<1N•1<r • l ,nr,,ng ❖






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31 ~·
Photo #1: LookingwestfromAvenida La Pata at the park entrance.

Photo #3: Looking north from the Rancho San Clemente Ridgeline Trail head over the proposed skate park expansion area and the existing skate park (Ralphs Skate Park).

Photo #2: LookingeastfromAvenida Fabricante atthe projectsite. Photo 4: Looking north from the skate hub entrance at the existing skate park.






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Photo #5: Looking southeast from Avenida La Pata & Calle Extremo at the existing large dog par k entrance (proposed mtb. bike hub).

Photo #7: Lookingsouthwestfrom CalleExtremo&Avenida
Fabricante at the undeveloped area fo r the proposed pickleball courts, activity meadows, volleyball courts, and dog parks.

Photo #6: Looking southwest from the existing baseball hub over the southwest baseball diamond.

Photo #8: LookingnortheastfromAvenida Fabricante atthe
undeveloped area for the proposed pickleball courts, activity meadows, volleyball courts, and dog parks.






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37 LAND USE
Low Density ResidentJal
Medium Low Density Residential
Medium Density Residential
High Density Residential
Mixed Use
Neighborhood Commercial
Business Commercial
Business Park
Industrial Park
Public
Open Space ~ Public
Open Space • Private
Open Space - Golf Course
lnstitulionat
City of San Clemente Planning 0Jv,slon 910 Call;, Nogccto Suite 100
Sari Clietn&1l!Q, CA 92672
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i- ♦♦♦ +++++++
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LAND USE EXHIBIT
Rancho San Clemente
Specific Plan Figure 2-1
2-4
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™ SECTION 3.0 - PROJECT DESCRIPTION ™
7179/Richard T. Steed Memorial Park and Baron Von Willard Dog Park – Master Plan Update Page 3-6Initial Study/Mitigated Negative Declaration March 2023 Figure 3.2-1

CONCEPT ILLUSTRATIVE PLAN
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7179/Richard T. Steed Memorial Park and Baron Von Willard Dog Park – Master Plan Update Page 3-7 Initial Study/Mitigated Negative Declaration ƒ” Š 2023
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CONCEPT ILLUSTRATIVE PLAN – SKATE PARK HUB AND MOUNTAIN BIKE HUB 42 ~ a:
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7179/Richard T. Steed Memorial Park and Baron Von Willard Dog Park – Master Plan Update Page 3-8 Initial Study/Mitigated Negative Declaration ƒ” Š 2023
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CONCEPT IMAGERY – SKATE PARK HUB, MOUNTAIN BIKE HUB, TRAILHEAD SIGNAGE 43 e
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CONCEPT IMAGERY
™ SECTION 3.0 - PROJECT DESCRIPTION ™
7179/Richard T. Steed Memorial Park and Baron Von Willard Dog Park – Master Plan Update Page 3-9 Initial Study/Mitigated Negative Declaration ƒ” Š 2023
Figure 3.2-4
CONCEPT IMAGERY – ACTIVE RECREATION, BASEBALL & SOFTBALL HUB 44 e
Baseball & Softball Hub RICHARDT. STEED

MEMORIAL

CONCEPT IMAGERY
™ SECTION 3.0 - PROJECT DESCRIPTION ™
7179/Richard T. Steed Memorial Park and Baron Von Willard Dog Park – Master Plan Update Page 3-10Initial Study/Mitigated Negative Declaration ƒ” Š 2023
Figure 3.2-5
SITE PLAN – EXISTING CONDITIONS
45 I
™ SECTION 3.0 - PROJECT DESCRIPTION ™
7179/Richard T. Steed Memorial Park and Baron Von Willard Dog Park – Master Plan Update Page 3-11Initial Study/Mitigated Negative Declaration ƒ” Š 2023
Figure 3.2-6
SITE PLAN – EXISTING OPEN SPACE
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7179/Richard T. Steed Memorial Park and Baron Von Willard Dog Park – Master Plan Update Page 3-12Initial Study/Mitigated Negative Declaration ƒ” Š 2023
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SITE PLAN – EXISTING TOPOGRAPHY
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7179/Richard T. Steed Memorial Park and Baron Von Willard Dog Park – Master Plan Update Page 3-13Initial Study/Mitigated Negative Declaration ƒ” Š 2023
Figure 3.2-8
SITE PLAN – OPPORTUNITIES
48 e
Richard T. Steed Memorial oPPoRruNmEs
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[ATTACHMENT 3)
™ SECTION 3.0 - PROJECT DESCRIPTION ™
7179/Richard T. Steed Memorial Park and Baron Von Willard Dog Park – Master Plan Update Page 3-14Initial Study/Mitigated Negative Declaration ƒ” Š 2023
Figure 3.2-9
SITE PLAN – CONSTRAINTS
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Richard T. Steed Memorial coNsTRAINTs
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