Agenda packet, regular meeting, first session — San Clemente City Council, October 17, 2023 (part 1 of 2)

Agenda
OCTOBER 17, 2023 REGULAR CITY COUNCIL MEETING AGENDA.PDF Meeting Materials
7A(1) - CITY COUNCIL REGULAR MEETING MINUTES 10.3.23.PDF 7B(1) - PLANNING COMMISSION REGULAR MEETING MINUTES 8.16.23.PDF 7B(2) - ZONING ADMINISTRATOR REGULAR MEETING MINUTES 8.17.23.PDF 7B(3) - PUBLIC SAFETY COMMITTEE REGULAR MEETING MINUTES

8.22.23.PDF
7B(4) - ZONING ADMINISTRATOR REGULAR MEETING MINUTES 9.21.23.PDF 7B(5) -BEACHES, PARKS AND RECREATION COMMISSION REGULAR MEETING MINUTES 6.13.23.PDF
7C(1) - CERTIFICATION OF WARRANTS 9.29.23.PDF
7D - ORDINANCE 1760 (SECOND READING) - REGARDING TENTS IN CITY PARKS AND BEACHES.PDF
7E - ORDINANCE 1761 (SECOND READING) - RELATING TO THE BEACHES, PARKS AND RECREATION COMMISSION .PDF
7F - CONSIDERATION OF APPROVING THE HUMAN AFFAIRS COMMITTEE FISCAL YEAR 2023-2024 WORK PLAN AND A SUPPLEMENTAL
APPROPRIATION .PDF
7G - NOTICE OF COMPLETION - T-STREET PEDESTRIAN OVERPASS CONCRETE REHABILITATION.PDF
7H - CONSIDERATION OF RATIFYING AN EMERGENCY CONSTRUCTION CONTRACT - RESERVOIR 13 ISOLATION VALVE REPLACEMENT.PDF 7I - CONTRACT AWARD - AVENIDA VAQUERO VIA CASCADITA TO CAMINO DE LOS MARES.PDF
7J - CONTRACT AWARD - FURNISH AND DELIVER 19 PERCENT AQUA AMMONIA TO CITY RESERVOIRS 5A, 10, AND 14.PDF
7K - CONTRACT AWARD - DELIVERY AND SUPPLY OF FERRIC CHLORIDE TO THE WATER RECLAMATION PLANT FOR WASTEWATER TREATMENT.PDF 7L - CONSIDERATION OF TERM SHEET WITH SALTY TURF LLC FOR MINIATURE GOLF DEVELOPMENT AT VISTA HERMOSA SPORTS PARK.PDF 8A - PUBLIC HEARING 4 TO RECEIVE INPUT ON DRAFT MAPS AND POTENTIAL ELECTION SEQUENCING FOR BY-DISTRICT ELECTIONS.PDF 8B - PUBLIC HEARING 5 TO INTRODUCE FOR FIRST READING AN ORDINANCE TO TRANSITION TO BY-DISTRICT ELECTIONS.PDF
10A - CITY COUNCIL CORRESPONDENCE WITH ORANGE COUNTY
SUPERVISOR FOLEY.PDF
10B - REGULATING UTILITIES WITHIN OPEN SPACE ZONING DISTRICTS.PDF 10C - WIRELESS COMMUNICATIONS FACILITY LOCATED AT 616 DEL DIOS.PDF
13A(1) - INTERVIEWS AND APPOINTMENT OF BPR COMMISSION, COASTAL ADVISORY COMMITTEE AND ARTS AND CULTURE COMMITTEE.PDF

1. Documents:

2. Documents:
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 Loeffler
5:00 p.m. - Closed Session
6:00 p.m. - Business Meeting

CITY OF SAN CLEMENTE
Tuesday, October 17, 2023
City Council
Regular Meeting Agenda
Information concerning City Council Meeting protocols and procedures is contained at the end of this agenda.

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

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

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

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

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.

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City Council Regular Meeting Agenda October 17, 2023
CLOSED SESSION (5:00 P.M.)
A. CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION Whether to initiate litigation pursuant to Government Code section 54956.9(d)(4) Number of Cases: 1
BUSINESS MEETING (6:00 P.M.)

CALL TO ORDER
INVOCATION – Reverend Jesse Lund, Pastor, San Clemente Presbyterian Church

PLEDGE OF ALLEGIANCE

ROLL CALL

1. Special Presentations
A. October is Breast Cancer Awareness Month
In honor of Breast Cancer Awareness month, we encourage our residents to prioritize their health by scheduling an appointment for early detection.

B. Community Outreach Quarterly Update
Presentation by Danielle Sorahan, Code Compliance Manager, concerning a quarterly update on outreach and security efforts in San Clemente to address homelessness.

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. Under the Ralph M. Brown Act, the City Council cannot act on items raised during public comment but may respond briefly to statements made or questions posed, request clarification or refer the item to staff.

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

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

5. Closed Session Report - City Attorney

6. Staff Communications

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City Council Regular Meeting Agenda October 17, 2023

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 OCTOBER 3, 2023.

B. Commission/Committee Minutes
Staff Recommendation:

Receive and file the following:
(1) PLANNING COMMISSION REGULAR MEETING MINUTES OF
AUGUST 16, 2023.
(2) ZONING ADMINISTRATOR REGULAR MEETING MINUTES OF
AUGUST 17, 2023.
(3) PUBLIC SAFETY COMMITTEE REGULAR MEETING MINUTES OF
AUGUST 22, 2023.
(4) ZONING ADMINISTRATOR REGULAR MEETING MINUTES OF
SEPTEMBER 21, 2023.
(5) BEACHES, PARKS AND RECREATION COMMISSION REGULAR
MEETING MINUTES OF JUNE 13, 2023.

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City Council Regular Meeting Agenda October 17, 2023
C. Warrant Register
(1) APPROVE HANDWRITE NO. 591550,
WIRE TRANSFER NOS. 2927 THROUGH
2928 AND WARRANT NOS. 591551
THROUGH 591747, PAID ON 9-29-23,
IN THE AMOUNT OF $2,599,967.39
TOTAL WARRANT REGISTER $2,599,967.39
Payroll Register
None.

D. ORDINANCE 1760 (SECOND READING) - AMENDING SECTION 12.28.030

OF THE MUNICIPAL CODE REGARDING TENTS IN CITY PARKS AND

BEACHES, AND FINDING THE ORDINANCE EXEMPT FROM THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT
Staff Recommendation
Adopt Ordinance No. 1760 entitled AN ORDINANCE OF THE CITY COUNCIL

OF THE CITY OF SAN CLEMENTE, CALIFORNIA, AMENDING SECTION

12.28.030 OF THE SAN CLEMENTE MUNICIPAL CODE RELATING TO

TENTS IN CITY PARKS AND BEACHES, AND FINDING THE ORDINANCE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.

E. ORDINANCE NO. 1761 (SECOND READING) - CODE AMENDMENT TO

CHANGE THE ARTS AND CULTURE COMMITTEE FROM FIVE TO SEVEN

MEMBERS AND UPDATING THE DUTIES OF THE BEACHES, PARKS AND

RECREATION COMMISSION
Staff Recommendation
Adopt Ordinance No. 1761 entitled AN ORDINANCE OF THE CITY COUNCIL

OF THE CITY OF SAN CLEMENTE, CALIFORNIA, AMENDING CHAPTER

2.28 OF THE MUNICIPAL CODE OF THE CITY OF SAN CLEMENTE,

RELATING TO THE BEACHES, PARKS AND RECREATION COMMISSION AND CHAPTER 2.45 RELATING TO THE ARTS AND CULTURE COMMITTEE.

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City Council Regular Meeting Agenda October 17, 2023
F. CONSIDERATION OF APPROVING THE HUMAN AFFAIRS COMMITTEE FISCAL YEAR 2023-2024 WORK PLAN, APPROVING A SUPPLEMENTAL APPROPRIATION OF $7,000, AND DETERMINING THAT THE WORK PLAN

ACTIVITIES ARE CATEGORICALLY EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT
Human Affairs Committee Recommendation
Adopt Resolution No. 23-116, which will:

1. Determine that the FY 2023-24 Work Plan Items are exempt from the California Environmental Quality Act.

2. Approve the FY 2023-24 Work Plan as presented by the Human Affairs Committee, and include in the plan solutions to address homelessness.

3. Approve a supplemental appropriation of $7,000 to Account No. 001-435- 44420.

G. NOTICE OF COMPLETION - T-STREET PEDESTRIAN OVERPASS

CONCRETE REHABILITATION
Staff Recommendation
Adopt Resolution No. 23-117, which will:

1. Accept the T-Street Pedestrian Overpass Concrete Rehabilitation, CIP Project No. 23804, from the contractor, Harbor Coating & Restoration, Inc. as complete.

2. Authorize the Public Works Director/City Engineer to execute and record the Notice of Completion for the completed concrete rehabilitation.

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

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City Council Regular Meeting Agenda October 17, 2023
H. CONSIDERATION OF RATIFYING AN EMERGENCY CONSTRUCTION CONTRACT FOR THE RESERVOIR 13 ISOLATION VALVE REPLACEMENT Staff Recommendation
Adopt Resolution No. 23-118, which will:

1. Make a finding that an emergency existed to protect public health and safety due to the loss of redundancy in the water distribution system which required immediate action to replace isolation valves and restore normal operation of the Reservoir 13 water storage reservoir to maintain system integrity and an abundant supply of readily available potable water and to prevent or mitigate impairment to property and public services that might otherwise occur if the City were required to incur delays attributed to the competitive bidding process.

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

3. Ratify and authorize the City Manager's execution of, Contract No. C23-59, by and between the City of San Clemente and O’Connell Engineering & Construction, Inc., providing for the needed emergency repairs for the Reservoir 13 Isolation Valve Replacement that have already commenced, in an amount not to exceed $96,800.

4. Approve a 15% project contingency of $14,520.

I. CONTRACT AWARD - STREET PAVEMENT MAINTENANCE FOR AVENIDA VAQUERO (VIA CASCADITA TO CAMINO DE LOS MARES); AND FINDING

THE PROJECT CATEGORICALLY EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT
Staff Recommendation
Adopt Resolution No. 23-119, which will:

1. Find the Street Pavement Maintenance for Avenida Vaquero, Project No. 13321 categorically exempt from the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities, 14 CCR section 15301) of the State CEQA Guidelines.

2. Award the Street Pavement Maintenance for Avenida Vaquero, to Roy Allan Slurry Seal, Inc.

3. Approve, and authorize the City Manager to execute, Contract No. C23-60, by and between the City of San Clemente and Roy Allan Slurry Seal, Inc., providing for the Street Pavement Maintenance for Avenida Vaquero, in an amount not to exceed $480,993, in a form substantially similar to Contract

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City Council Regular Meeting Agenda October 17, 2023
No. C23-60.

4. Approve a 10% project contingency of $48,100.

J. CONTRACT AWARD - FURNISH AND DELIVER 19% AQUA AMMONIA TO CITY RESERVOIRS 5A, 10, AND 14, AND FINDING THE PROJECT

CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL

QUALITY ACT
Staff Recommendation
Adopt Resolution No. 23-120, which will:

1. Find the project categorically exempt from California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities, 14 CCR section 15301) of the State CEQA Guidelines.

2. Approve the Purchase Contract with KAAM Group, Inc. to furnish and deliver 19% Aqua Ammonia to City reservoirs 5A, 10, and 14 for a two-year period.

3. Approve and authorize the City Manager, to execute Contract No. C23-61, by and between the City of San Clemente and KAAM Group, Inc., to furnish and deliver 19% Aqua Ammonia for a two-year period, in an amount not to exceed $50,000, and to authorize the City Manager to approve up to three, one-year extensions to the Contract for amounts not to exceed the approved budget amounts for this chemical in each appropriate fiscal year.

K. CONTRACT AWARD - DELIVERY AND SUPPLY OF FERRIC CHLORIDE TO

THE WATER RECLAMATION PLANT FOR WASTEWATER TREATMENT,

AND FINDING THE PROJECT CATEGORICALLY EXEMPT FROM THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT
Staff Recommendation
Adopt Resolution No. 23-121, which will:

1. Find the project categorically exempt from California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities, 14 CCR section 15301) of the State CEQA Guidelines.

2. Approve and authorize the City Manager to execute, Contract No. C23-62, a regional contract, by and between the City of San Clemente SOCWA, Miles Chemical, and SOCWA entities, for the delivery and supply of Ferric Chloride to the City’s Water Reclamation Plant for a one-year term.

3. Approve and authorize the Public Works Director/City Engineer to approve up to four annual renewals to the contract for amounts not to exceed the approved budget amounts for this chemical in each appropriate fiscal year.

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City Council Regular Meeting Agenda October 17, 2023
L. CONSIDERATION OF TERM SHEET WITH SALTY TURF LLC FOR

MINIATURE GOLF DEVELOPMENT AT VISTA HERMOSA SPORTS PARK Staff Recommendation
Adopt Resolution No 23-122 entitled A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF SAN CLEMENTE, CALIFORNIA, APPROVING AND

AUTHORIZING THE EXECUTION OF A TERM SHEET WITH SALTY TURF,

LLC FOR THE DEVELOPMENT OF A MINIATURE GOLF COURSE AT THE VISTA HERMOSA SPORTS PARK.

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. PUBLIC HEARING #4 TO RECEIVE INPUT ON DRAFT MAPS AND

POTENTIAL ELECTION SEQUENCING FOR BY-DISTRICT ELECTIONS Public Hearing related to the transition from at-large to district-based elections for City Council pursuant to Elections Code section 10010 and Government Code section 34886 to solicit input on composition of draft maps and potential sequence of elections effective for the November 2024 General Municipal Election.

Staff Recommendation

1. Open and conduct a fourth public hearing.

2. Receive a report from National Demographics Corporation (“NDC”), the demographic consultant, concerning the draft maps proposed, as well as the process for obtaining public input on the draft maps of potential voting districts and potential election sequencing for by-district elections pursuant to Elections Code § 10010.

3. Invite members of the public to provide feedback on the draft maps and potential election sequencing presented.

4. Provide direction regarding selection of a final district map.

5. Provide direction regarding sequencing of the elections.

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City Council Regular Meeting Agenda October 17, 2023
B. PUBLIC HEARING #5 TO INTRODUCE FOR FIRST READING AN
ORDINANCE ADDING SECTIONS 2.04.010 THROUGH 2.04.012 TO THE SAN

CLEMENTE MUNICIPAL CODE TO TRANSITION TO BY-DISTRICT

ELECTIONS AND SETTING MAYORAL TERM LIMITS
Public Hearing to introduce an Ordinance establishing district-based elections for City Council effective for the November 2024 General Municipal Election.

Staff Recommendation

1. Open a public hearing and invite members of the public to provide feedback on the proposed Ordinance.

2. Introduce Ordinance No. 1762 entitled AN ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, ADDING SECTIONS 2.04.010 THROUGH 2.04.012 TO THE SAN CLEMENTE

MUNICIPAL CODE, ESTABLISHING A BY- DISTRICT ELECTION

PROCESS IN FOUR COUNCIL DISTRICTS WITH AN ELECTIVE OFFICE OF MAYOR PURSUANT TO CALIFORNIA ELECTIONS CODE§ 10010 & CALIFORNIA GOVERNMENT CODE §§ 34871(C) & 34886 AND SETTING MAYORAL TERM LIMITS.

9. Unfinished Business
None.

10. New Business
A. CITY COUNCIL CORRESPONDENCE WITH ORANGE COUNTY

SUPERVISOR FOLEY
(Agendized by Councilmember Cabral, with the support of Mayor Pro Tem Knoblock and Councilmember Loeffler, at the September 14, 2023 City Council meeting.)
Staff Recommendation

1. Provide direction in relation to correspondence with Supervisor Foley regarding housing projects.

2. Provide direction in relation to correspondence with Supervisor Foley regarding potential placement of sand on San Clemente beaches.

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City Council Regular Meeting Agenda October 17, 2023
B. REGULATING UTILITIES WITHIN OPEN SPACE ZONING DISTRICTS Staff Recommendation
Receive and file the Administrative Report dated October 17, 2023, and on file with the City Clerk.

C. WIRELESS COMMUNICATIONS FACILITY LOCATED AT 616 DEL DIOS (Agendized by Councilmember Cabral, with the support of Councilmember Enmeier, Mayor Duncan and Mayor Pro Tem Knoblock.)
Staff Recommendation
Receive and file the Administrative Report dated October 17, 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. Under the Ralph M. Brown Act, the City Council cannot act on items raised during public comment but may respond briefly to statements made or questions posed, request clarification or refer the item to staff.

12. Future Agenda Items

13. Reports
A. Commissions and Committees
(1) INTERVIEWS AND APPOINTMENT OF BEACHES, PARKS AND

RECREATION COMMISSION, COASTAL ADVISORY COMMITTEE

AND ARTS AND CULTURE COMMITTEE MEMBERS
Staff Recommendation
Select two dates to interview applicants and make appointments for vacancies on the Beaches, Parks and Recreation Commission, Coastal Advisory Committee and Arts and Culture Committee.

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

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City Council Regular Meeting Agenda October 17, 2023

14. Adjournment
The next Regular Council Meeting is scheduled to take place on November 7, 2023.

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

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City Council Regular Meeting Agenda October 17, 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.

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CITY OF SAN CLEMENTE
Tuesday, October 3, 2023
City Council
Regular Meeting Minutes
5:00 p.m. - Closed Session
6:00 p.m. - Business Meeting
Agenda Item: 7 A(1)
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Council Chambers
Mayor Duncan
Mayor Pro Tern Knoblock
Councilmember Cabral
Councilmember Enmeier
Councilmember Loeffler
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 October 3, 2023 at 5:02 p.m. in the San Clemente City Council Chambers, located at 910 Calle Negocio, 2nd Floor, San Clemente.

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

CLOSED SESSION
Closed Session Item A(1) Property Negotiations for 1030 Calle Negocio Delia VanKampen, Family Assistance Ministries (FAM), commented on the positive impacts FAM has on the community.

Amanda expressed concerns regarding Family Assistance Ministries (FAM) and the leased facility at 1030 Calle Negocio; opined that FAM should find another facility or pay market rate.

Tawni Burns expressed concerns with Family Assistance Ministries providing food to the homeless as it relates to fire danger in Marblehead Canyon.

Closed Session Item A(2) Real Property Negotiations APN 678-163-01 and Part of APN 678-163-01
Amanda opined that the City should offer a lease to the Orange County Fire Authority concerning the 2.3 acre area on Avenida La Pata and Avenida Vista Hermosa.

City Clerk Campagnolo announced for Closed Session item A(2) Real Property Negotiations with Orange County Fire Authority that APN 679-152-03 a 3.3 acre undeveloped lot at the southeast corner of Avenida Vista Hermosa and Camino Vera Cruz was removed from Closed Session discussion.

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1 City Council Regular Meeting Minutes October 3, 2023
Motion by Mayor Pro Tern Knoblock, second by Councilmember Enmeier, CARRIED 5-0, to recess to Closed Session at 5:1 4 p.m. to discuss the following:

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

1. Real Property Negotiations: APN 688-142-35
Property: Lease of an approximate 8,934 sq. ft. freestanding office/warehouse building located at 1030 Calle Negocio
City Negotiators: Andy Hall, City Manager
Negotiating Parties: Family Assistance Ministries
Under Negotiation: Price and terms

2. Real Property Negotiations: APN 678-163-01and part of APN 678-163-01 Property: 2.7-acre undeveloped area on the west side of Vista Hermosa Park and 2.3-acre undeveloped area at the southwest Avenida Vista Hermosa and La Pata
City Negotiators: Andy Hall, City Manager, Cecilia Gallardo Daly, Community Development Director and Jonathan Lightfoot, Economic Development Officer Negotiating Parties: Orange County Fire Authority
Under Negotiation: Price and terms

3. Real Property Negotiations: APN 678-1 63-01
Property: 1.1-acre undeveloped area west of Courtney's Sandcastle Playground of Vista Hermosa Sports Park
City Negotiators: Andy Hall, City Manager and Samantha Wylie, Director of Beaches, Parks and Recreation
Negotiating Parties: Salty Turf
Under Negotiation: Price and terms
B. CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION Whether to initiate litigation pursuant to Government Code section 54956.9(d)(4) Number of Cases: 1
AYE:

NOE:

Cabral, Enmeier, Knoblock, Loeffler and Mayor Duncan
None

BUSINESS MEETING
Council reconvened at 6:10 p.m. with all Councilmembers present.

INVOCATION
Mayor Pro Tern Knoblock gave the invocation.

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2 City Council Regular Meeting Minutes October 3, 2023

PLEDGE OF ALLEGIANCE
Dennis Grimes led the Pledge of Allegiance.

1. Special Presentations
A.

Presentation of Proclamation(s) - California Native American Day and Indigenous People's Day
Councilmember Cabral presented proclamations to Sean Acuna, Tribal Chair, Juaneiio Band of Mission Indians, Acjachamen Nation 84B, proclaiming September 22, 2023 as California Native American Day and October 9, 2023 as Indigenous People's Day.

Orange County Fire Prevention Week
Mayor Duncan presented a proclamation to Cheyne Maule, Division Chief, Orange County Fire Authority, setting apart October 8-14, 2023 as Fire Prevention Week.

Presentation of Commendation Honoring San Clemente Fire Department Chief Ron Coleman
Mayor Duncan presented a commendation to Cheyne Maule, Division Chief, Orange County Fire Authority, in remembrance of San Clemente Fire Department's beloved Fire Chief Ron "Ronny" Coleman.

2. Oral Communications (Part 1)
Suzana Corritori, San Clemente, expressed concerns regarding the American Cell Tower permit at Harbor Ridge/Harbor View.

Kortney Morrow, San Clemente, expressed concerns regarding the American Cell Tower permit and potential installation in Harbor Ridge/Harbor View.

Steven Lawson spoke in opposition to the installation of the American Cell Tower at Harbor Ridge/Harbor View.

Bert Levesque, San Clemente, requested that Council delay the permit approval for the American Cell Tower to allow the Harbor Ridge/Harbor View Homeowners Association to engage with Counsel.

Cameron Bothwell, San Clemente, expressed concerns regarding the American Cell Tower as it relates to proximity to homes in Harbor Ridge/Harbor View.

Amber Garbett spoke in opposition to the installation of the American Cell Tower as it relates to property values and health for the Harbor Ridge/Harbor View residents.

Norm Petersen spoke in opposition to the American Cell Tower in Harbor Ridge/Harbor View.

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3 City Council Regular Meeting Minutes October 3, 2023
David Shick, San Clemente, expressed concerns regarding the American Cell Tower at Harbor Ridge/Harbor View.

Lois McNicoll, spoke on legislation that other cities have enacted in their municipalities; requested Council take action for homelessness at Trestles and E-Bikes on the beach trail.

Andrew Morrow, San Clemente, expressed safety concerns regarding the American Cell Tower in Harbor Ridge/Harbor View.

Claudia Lavenant, San Clemente, opined that the permitting process for American Cell Tower should be transparent for the residents in Harbor Ridge/Harbor View.

Jose Lavenant, San Clemente, expressed concerns regarding health impacts of the American Cell Tower installation at Harbor Ridge/Harbor View.

Lyndie O'Toole, San Clemente, expressed concerns regarding the safety of the American Cell Tower and the impacts to the Harbor Ridge/Harbor View residents.

Kristy Neuhausen, San Clemente, spoke in opposition to the conditional use permit for the American Cell Tower installation in Harbor Ridge/Harbor View due to potential health concerns.

Brandon Riggs, San Clemente, expressed concerns regarding safety and health impacts of the American Cell Tower installation on the Harbor Ridge/Harbor View residents.

Abby Krogh, San Clemente, spoke on the wood chips at San Gorgonio Park as it relates to usability for park goers.

Suzie Whitelaw, Save our Beaches San Clemente, narrated a PowerPoint presentation concerning offshore reefs. A hard copy of the presentation is on file with the City Clerk.

Louise Herbert, San Clemente, commented on parking issues at the San Clemente library.

George Gregory. opined that the trolley should have surf racks on the back.

City Manager Hall announced the intent for the City to hold a community meeting to address concerns regarding the installation of cell towers within the City and committed that the City will not proceed with approval of the permit for American Cell Tower until the community meeting is held.

Page 4 of 19 ends

4 City Council Regular Meeting Minutes October 3, 2023

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

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

4. Consideration of agendizing items requiring immediate action None.

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:

Real Property Negotiations: APN 688-142-35
Property: Lease of an approximate 8,934 sq. ft. freestanding office/warehouse building located at 1030 Calle Negocio
City Negotiators: Andy Hall, City Manager
Negotiating Parties: Family Assistance Ministries
Under Negotiation: Price and terms
Council gave direction; no reportable action concerning:

Real Property Negotiations: APN 678-163-01and part of APN 678-163-01 Property: 2.7-acre undeveloped area on the west side of Vista Hermosa Park and 2.3-acre undeveloped area at the southwest Avenida Vista Hermosa and La Pata
City Negotiators: Andy Hall, City Manager, Cecilia Gallardo Daly, Community Development Director and Jonathan Lightfoot, Economic Development Officer Negotiating Parties: Orange County Fire Authority
Under Negotiation: Price and terms
Council gave direction; no reportable action concerning:

Real Property Negotiations: APN 678-163-01
Property: 1.1-acre undeveloped area west of Courtney's Sandcastle Playground of Vista Hermosa Sports Park
City Negotiators: Andy Hall, City Manager and Samantha Wylie, Director of Beaches, Parks and Recreation
Negotiating Parties: Salty Turf
Under Negotiation: Price and terms

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5 City Council Regular Meeting Minutes October 3, 2023
No reportable action concerning:

Whether to initiate litigation pursuant to Government Code section 54956.9(d)(4) Number of Cases: 1

6. Staff Communications
None.

Reorganization of Agenda
Motion by Councilmember Loeffler, second by Mayor Pro Tern Knoblock, to consider item 1 0C - Discussion of a Prohibition on Covid-19 mask and vaccine mandates in San Clemente before the Consent Calendar.

AYE: Cabral, Enmeier, Knoblock, Loeffler and Mayor Duncan NOE: None
Please reference page 17 for a summary of action.

7. Consent Calendar
A.

Items 7E, 7F, 7G, 7H and 7 J were removed from the Consent Calendar for discussion.

City Council Minutes
Motion by Mayor Pro Tern Knoblock, second by Councilmember Loeffler, CARRIED 5-0, to:

APPROVE THE CITY COUNCIL ADJOURNED REGULAR MEETING MINUTES OF SEPTEMBER 14, 2023.

AYE:

NOE:

Cabral, Enmeier, Knoblock, Loeffler and Mayor Duncan
None
B. Commission/Committee Minutes
None.

C. Warrant Register
Motion by Mayor Pro Tern Knoblock, second by Councilmember Loeffler, CARRIED 5-0, to:
(1) APPROVE WIRE TRANSFER NOS.
2911 THROUGH 2916 AND WARRANT NOS.
590925 THROUGH 591086, PAID ON
9-1-23, IN THE AMOUNT OF
(2) APPROVE WIRE TRANSFER NOS.
2917 THROUGH 2920 AND WARRANT NOS.
591087 THROUGH 591242, PAID ON

Page 6 of 19 ends

$2,785,287.93
6 City Council Regular Meeting Minutes October 3, 2023
9-8-23, IN THE AMOUNT OF $5,1 14,847.56
(3) APPROVE WIRE TRANSFER NOS.
2921 THROUGH 2922 AND WARRANT NOS.
591243 THROUGH 591358, PAID ON
9-15-23, IN THE AMOUNT OF
(4) APPROVE WIRE TRANSFER NOS.
2923 THROUGH 2926 AND WARRANT NOS.
591359 THROUGH 591549, PAID ON
9-22-23, IN THE AMOUNT OF
$1,910,802.23
$1,871,446.43
TOTAL WARRANT REGISTER $11,682,384.15
AYE: Cabral, Enmeier, Knoblock, Loeffler and Mayor Duncan NOE: None
Payroll Register
Motion by Mayor Pro Tern Knoblock, second by Councilmernber Loeffler, CARRIED 5-0, to approve:

WARRANT NO. 914, AUTOMATIC DEPOSIT
ADVISES 88468 THROUGH 88785, FOR THE
PERIOD 8-21-23 THROUGH 9-3-23,
PAID ON 9-8-23, IN THE AMOUNT OF $475,868.06
WARRANT NO. 915, AUTOMATIC DEPOSIT
ADVISES 88786 THROUGH 89092, FOR
THE PERIOD 9-4-23 THROUGH 9-17-23,
PAID ON 9-22-23, IN THE AMOUNT OF $491,437.23
TOTAL PAYROLL REGISTER $967,305.29
AYE:

NOE:

Cabral, Enmeier, Knoblock, Loeffler and Mayor Duncan
None
D. ORDINANCE 1759 (SECOND READING) - ZONING AMENDMENT 22-366, AN

ORDINANCE RELATED TO ZONING PERMIT STREAMLINING
Motion by Mayor Pro Tern Knoblock, second by Councilrnernber Loeffler, CARRIED 5-0, to adopt Ordinance No. 1759 entitled AN ORDINANCE OF THE

CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA,
APPROVING ZONING AMENDMENT 22-366 AMENDING CERTAIN
SECTIONS AND TABLES OF TITLE 17 (ZONING) OF THE SAN CLEMENTE

MUNICIPAL CODE TO CLARIFY, STREAMLINE, AND CONSOLIDATE

PERMIT PROCEDURES, WHILE MAINTAINING ADEQUATE REVIEW OF

PROPOSALS THAT ARE REGULARLY WITHOUT SIGNIFICANT IMPACTS AND PUBLIC CONCERNS.

AYE:

NOE:

Cabral, Enmeier, Knoblock, Loeffler and Mayor Duncan
None.

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7 City Council
I.

Regular Meeting Minutes October 3, 2023

CONTRACT AWARD - CORONADO LANE/ AVENIDA VICTORIA STORM

DRAIN IMPROVEMENTS AND APPROVING A SUPPLEMENTAL

APPROPRIATION
Motion by Mayor Pro Tern Knoblock, second by Councilmember Loeffler, CARRIED 5-0, to:

Adopt Resolution No. 23-108, which will:

1. Approve a supplemental appropriation in the amount of $137,000 from the Storm Drain Fund Depreciation Reserve into Account No. 059-553-43420-000- 26001.

2. Award the Coronado Lane/Avenida Victoria Storm Drain Improvements, CIP Project No. 26001, construction contract to GCI Construction, Inc. as the lowest responsible and responsive bidder.

3. Approve, and authorize the City Manager to execute, Contract No. C23-57, by and between the City of San Clemente and GCI Construction, Inc., providing for Coronado Lane/Avenida Victoria Storm Drain Improvements, in an amount of $95,800, in a form substantially similar to Contract No. C23-57.

4. Approve a 19% project contingency of $18,200.

AYE:

NOE:

Cabral, Enmeier, Knoblock, Loeffler and Mayor Duncan
None

CONSIDERATION OF APPROVING TEMPORARY BEER SALES AT THE

FRIENDS OF SAN CLEMENTE BEACHES, PARKS AND RECREATION

FOUNDATION CARNIVAL COLOSSAL
Councilmember Loeffler disclosed that he is the non-compensated Chief Executive Officer of the Friends of San Clemente Beaches, Parks and Recreation Foundation.

Motion by Mayor Pro Tern Knoblock, second by Councilmember Loeffler, CARRIED 5-0, to adopt Resolution No. 23-110 entitled A RESOLUTION OF THE

CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA,

APPROVING THE TEMPORARY SALE OF BEER AT THE CARNIVAL

COLOSSAL SPECIAL EVENT AT THE VISTA HERMOSA SPORTS PARK

HOSTED BY THE FRIENDS OF SAN CLEMENTE BEACHES, PARKS AND RECREATION FOUNDATION.

AYE:

NOE:

Cabral, Enmeier, Knoblock, Loeffler and Mayor Duncan
None

Page 8 of 19 ends

8 City Council Regular Meeting Minutes October 3, 2023
L. CONSIDERATION TO SUBMIT A GRANT FUNDING APPLICATION TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR THE 2023

ORANGE COUNTY COMPLETE STREETS PROGRAM
M.

Motion by Mayor Pro Tern Knoblock, second by Councilmember Loeffler, CARRIED 5-0, to adopt Resolution No. 23-111 entitled A RESOLUTION OF THE

CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA,

CERTIFYING THAT THE CITY OF SAN CLEMENTE HAS AUTHORIZED THE

PROJECT LIST SUBMITTAL FOR FUNDING THROUGH THE ORANGE
COUNTY TRANSPORTATION AUTHORITY 2023 COMPLETE STREETS
PROGRAM.

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

CONTRACT AWARD - PARK MONUMENT SIGN REPLACEMENT PROGRAM Motion by Mayor Pro Tern Knoblock, second by Councilmember Loeffler, CARRIED 5-0, to:

Adopt Resolution No. 23-112, which will:

1. Award the Park Monument Sign Replacement Program (August 2023), CIP Project No. 29103, construction contract to A&D Signs Corp dba America's Instant Signs as the lowest responsible and responsive bidder.

2. Approve, and authorize the City Manager to execute, Contract No. C23-58, by and between the City of San Clemente and A&D Signs Corp dba America's Instant Signs, providing for the Park Monument Sign Replacement Program, in an amount not to exceed $62,790, in a form substantially similar to C23-58

3. Approve a 10% project contingency of $6,300.

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

CONSIDERATION OF REJECTING ALL BIDS FOR THE MONTALVO AND

RIVIERA PEDESTRIAN BRIDGES COATING REPLACEMENT
Motion by Mayor Pro Tern Knoblock, second by Councilmember Loeffler, CARRIED 5-0, to:

Adopt Resolution No. 23-113, which will:

1. Reject all bids received on July 27, 2023 for the Montalvo and Riviera Pedestrian Bridges Coating Replacement Project, CIP Project No. 23802.

2. Authorize staff to revise the bid package and re-bid the Montalvo and Riviera Pedestrian Bridges Coating Replacement Project, CIP Project No. 23802.

Page 9 of 19 ends

9 City Council

0. AYE:

NOE:

Regular Meeting Minutes October 3, 2023
Cabral, Enmeier, Knoblock, Loeffler and Mayor Duncan
None

CONSIDERATION OF REJECTING ALL BIDS FOR THE MARINE SAFETY

HEADQUARTERS BUILDING CONCRETE REPAIRS
Motion by Mayor Pro Tern Knoblock, second by Councilmember Loeffler, CARRIED 5-0, to:

Adopt Resolution No. 23-114, which will:

1. Reject all bids received on July 26, 2023 for the Marine Safety Headquarters Building Concrete Repairs Project, CIP Project No. 24805.

2. Authorize staff to revise the bid package and re-bid the Marine Safety Headquarters Building Concrete Repairs Project, CIP Project No. 24805.

AYE: Cabral, Enmeier, Knoblock, Loeffler and Mayor Duncan NOE: None
Items Removed From the Consent Calendar for Discussion
E. NOTICE OF COMPLETION - STORM DRAIN IMPROVEMENTS AT 1601

CALLE LAS BOLAS
George Gregory, San Clemente, opined that the catch basin adjacent to his property is a nuisance due to its size and frequency of cleaning; urged the Council to take action to mitigate the impact of the catch basin on residents .

Public Works Director/City Engineer Rebensdorf to communicate with Mr.

Gregory regarding his concerns with the catch basin adjacent to his property.

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

Adopt Resolution No. 23-104, which would:

1. Accept the Storm Drain Improvements at 1601 Calle Las Bolas, CIP Project No. 10015, from the contractor, 3Sixty Innovation, Inc.

2. Authorize the Public Works Director/City Engineer to execute and record the Notice of Completion for the completed Storm Drain Improvements.

Page 10 of 19 ends

10 City Council
AYE:

NOE:

Regular Meeting Minutes October 3, 2023
Cabral, Enmeier, Knoblock, Loeffler and Mayor Duncan
None
F. CONTRACT AWARD - COASTAL ADMINISTRATOR SERVICES
G.

Amanda Q spoke in opposition to the contract for Coastal Administrator services.

Suzie Whitelaw, Save our Beaches San Clemente, spoke in support of the Coastal Administrator position; opined that the City needs a full-time employee.

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

Adopt Resolution No. 23-105, which will:

1. Award a professional services agreement to Summit Environmental Group, Inc. for contract Coastal Administrator services.

2. Approve, and authorize the City Manager to execute, Contract No. C23-56, by and between the City of San Clemente and Summit Environmental Group, Inc., providing for contract Coastal Administrator services, for a term of three (3) years in an amount not to exceed $165,000 annually.

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

CONSIDERATION OF APPROVING THE PURCHASE OF WATER METERS FOR FISCAL YEAR 2023-24 AND FINDING THE PROJECT

CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL

QUALITY ACT
Public Works Director/City Engineer Rebensdorf responded to Council inquiries.

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

Adopt Resolution No. 23-106, which will:

1. Find the project categorically exempt from California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities, 14 CCR section 15301) of the State CEQA Guidelines.

2. Approve the purchase of water meters from Ferguson Waterworks based on the fixed price quote in attachment 2 of the Administrative Report dated October 3, 2023 and on file with the City Clerk.

3. Approve the purchase of water meters from Metron-Farnier based on the

Page 11 of 19 ends

11 City Council
H.

Regular Meeting Minutes October 3, 2023
fixed price quote in attachment 3 of the Administrative Report dated October 3, 2023 and on file with the City Clerk.

4. Approve the expenditure for water meter purchases for Fiscal Year 2023-24 for a total amount not to exceed $122,000.

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

CONSIDERATION OF AUTHORIZING ENTRY FOR CONSTRUCTION - SAN

CLEMENTE SHORELINE COASTAL STORM DAMAGE REDUCTION

PROJECT
Lois McNicoll opined on the agenda and City website as it relates to ease of use and understanding.

Motion by Councilmember Cabral, second by Councilmember Loeffler, CARRIED 5-0, to adopt Resolution No. 23-107 entitled A RESOLUTION OF THE

CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA,

AUTHORIZING THE CITY MANAGER AND/OR PUBLIC WORKS

DIRECTOR/CITY ENGINEER TO EXECUTE THE AUTHORIZATION FOR

ENTRY FOR CONSTRUCTION AND OTHER SUCH DOCUMENTS AS ARE

NECESSARY AND PROPER TO CONSTRUCT THE SAN CLEMENTE
SHORELINE COASTAL STORM DAMAGE REDUCTION PROJECT.

AYE:

NOE:

Cabral, Enmeier, Knoblock, Loeffler and Mayor Duncan
None
APPROVAL OF THE FY 2023-24 BEACHES, PARKS & RECREATION

COMMISSION WORK PLAN
Suzie Whitelaw, Save our Beaches San Clemente, spoke in support of beach issues being delegated to the Coastal Advisory Committee; opined that the Coastal Advisory Committee should review/approve the Beaches, Parks and Recreation work plan.

Patricia Holloway, San Clemente, opined that trees should be added to the Beaches, Parks and Recreation Commission work plan item number 1.

Motion by Councilmember Loeffler, second by Mayor Pro Tern Knoblock, CARRIED 5-0, to adopt Resolution No. 23-109 entitled A RESOLUTION OF THE

CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA,
APPROVING THE FY 2023-24 BEACHES, PARKS AND

RECREATION
COMMISSION WORK PLAN with the modification that work plan number 1 include trees.

AYE:

NOE:

Cabral, Enmeier, Knoblock, Loeffler and Mayor Duncan
None.

Page 12 of 19 ends

12 City Council Regular Meeting Minutes October 3, 2023 Meeting Recess
The meeting recessed at 8:48 p.m. and reconvened at 8:57 p.m. with all Councilmembers present.

8. Public Hearings
A. PUBLIC HEARING #3 TO RECEIVE INPUT ON DRAFT MAPS AND

POTENTIAL ELECTION SEQUENCING FOR BY-DISTRICT ELECTIONS Public Hearing to solicit public input on the composition of draft maps and potential sequence of elections in preparation for the transition from at-large to district based elections for City Council pursuant to Elections Code section 10010 and Government Code section 34886, effective for the November 2024 General Municipal Election.

Mayor Duncan opened the Public Hearing.

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

Dr. Justin Levitt, National Demographic Consultants (NOC), narrated a PowerPoint presentation entitled "San Clemente Draft Plan Presentation" and responded to Council inquiries. A hard copy of the presentation is on file with the City Clerk.

Bruce Jamieson, San Clemente, opined on proposed district map 102; spoke on the importance of keeping neighborhoods together.

Amanda Q narrated a PowerPoint presentation, on behalf of Tom and Vonnie Barnes, entitled "San Clemente Voting Districts". A hard copy of the presentation is on file with the City Clerk.

Shelley Moore opined that homeowner associations should not be divided and Council should not consider districts where homeowner associations are divided.

There being no others desiring to speak, Mayor Duncan closed the Public Hearing.

Council designated maps 109, 111 and 112 as focus maps and requested that NOC create a new map by combining maps 109 and 111 for public review on the City's website on October 10, 2023 and for Council consideration at the October 17, 2023 Public Hearing.

Council agreed that the mayor will be elected at-large beginning in 2026 and will hold a two-year term and have a three-term limit (six years). Following the

Page 13 of 19 ends

13 City Council
B.

Regular Meeting Minutes October 3, 2023
elected mayor's 3 terms, they will not be eligible to run for the mayoral seat again, however they will be eligible to run as a councilmember in their respective district.

INTRODUCTION (FIRST READING) PROPOSED ORDINANCE AMENDING SECTION 12.28.030 OF THE MUNICIPAL CODE REGARDING TENTS IN CITY

PARKS AND BEACHES, AND FINDING THE ORDINANCE EXEMPT FROM

THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
Continued Public Hearing to consider a proposed ordinance to amend Section

12.28.030 (Tents in City Parks) of the San Clemente Municipal Code to include beaches under its jurisdiction, ensuring that regulations governing the use of such structures in parks are uniformly applicable to beaches.

Code Compliance Manager Sorahan reviewed the contents of the Administrative Report and responded to Council inquiries.

There being no one desiring to speak, Mayor Duncan closed the continued Public Hearing.

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

1. Find the Ordinance exempt from CEQA.

2. Introduce Ordinance No. 1760 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE AMENDING SECTION 12.28.030

OF THE SAN CLEMENTE MUNICIPAL CODE RELATING TO TENTS IN CITY

PARKS AND BEACHES AND FINDING THE ORDINANCE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.

AYE:

NOE:

Cabral, Enmeier, Knoblock, Loeffler and Mayor Duncan
None
C. CONSIDERATION OF APPROVING THE 2022-2023 CONSOLIDATED

ANNUAL PERFORMANCE EVALUATION REPORT (CAPER) FOR

EXPENDITURE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
Public Hearing regarding the 2022-23 Consolidated Annual Performance and Evaluation Report (CAPER) for the Community Development Block Grant (CDBG).

Mayor Duncan opened the Public Hearing.

Assistant City Manager Gallardo-Daly narrated a PowerPoint presentation entitled, "CAPER FY 2022-23 Expenditure of CDBG Funds". A hard copy of the presentation is on file with the City Clerk.

Page 14 of 19 ends

14 City Council Regular Meeting Minutes October 3, 2023 There being no one desiring to speak, Mayor Duncan closed the Public Hearing.

Motion by Councilmember Cabral, second by Councilmember Loeffler, CARRIED 5-0, to adopt Resolution No. 23-115 entitled A RESOLUTION OF

THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, APPROVING AND ADOPTING THE 2022-2023 CONSOLIDATED ANNUAL

PERFORMANCE EVALUATION REPORT (CAPER) FOR SUBMITTAL TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT.

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

9. Unfinished Business
None.

10. New Business
A.

INTRODUCTION (FIRST READING) OF CODE AMENDMENT TO CHANGE

THE ARTS AND CULTURE COMMITTEE FROM FIVE TO SEVEN MEMBERS

AND UPDATING THE DUTIES OF THE BEACHES, PARKS AND

RECREATION COMMISSION
City Clerk Campagnolo reviewed the contents of the Administrative report and responded to Council inquiries.

Patricia Holloway, San Clemente, opined that the City should have a review board for tree removal and plantings since it is being removed from the Beaches, Parks and Recreation Commission duties.

Motion by Councilmember Cabral, second by Councilmember Loeffler, CARRIED 5-0, to introduce Ordinance No. 1761 entitled AN ORDINANCE OF

THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, AMENDING CHAPTER 2.28 OF THE MUNICIPAL CODE OF THE CITY OF

SAN CLEMENTE, RELATING TO THE BEACHES, PARKS AND RECREATION COMMISSION AND CHAPTER 2.45 RELATING TO THE ARTS AND CULTURE COMMITTEE.

AYE:

NOE:

Cabral, Enmeier, Knoblock, Loeffler and Mayor Duncan
None

CITY COUNCIL CORRESPONDENCE WITH ORANGE COUNTY

SUPERVISOR FOLEY
City Manager Hall reviewed the contents of the Adminsitrative report and responded to Council inquiries.

Motion by Councilmember Cabral, second by Councilmember Loeffler,

Page 15 of 19 ends

15 City Council
C.

Regular Meeting Minutes October 3, 2023
CARRIED 3-2 (Mayor Duncan and Councilmember Enmeier voting NOE), to continue this item to the October 17, 2023 City Council meeting to allow Councilmember Cabral and Councilmember Loeffler to convene and edit the proposed letter for Council consideration.

AYE: Cabral, Knoblock and Loeffler
NOE: Enmeier and Mayor Duncan
DISCUSSION OF A PROHIBITION ON COVID-19 MASK AND VACCINE

MANDATES IN SAN CLEMENTE
This item was heard earlier in the meeting please reference page 6 for a summary of action.

Catherine Hall, San Clemente, spoke in opposition to a prohibition on COVID-19 mask and vaccine mandates.

Pete S45 opined on the efficacy of masks.

Dennis Grimes, opined that wearing masks should be a personal choice.

Suzanne Ruiz opined on the science of masks and vaccines; provided documents to Council. A hard copy of the documents are on file with the City Clerk.

Frances Marshall spoke in opposition to mask and vaccine mandates.

Lois McNicoll spoke in opposition to mask and vaccine mandates.

Louise Herbert, San Clemente, opined that City Council does not have the expertise to speak on mask and vaccine mandates; spoke in opposition to the prohibition on COVID-19 mask and vaccine mandates.

Linda Verraster, San Clemente, opined that City Council does not have medical expertise and should not prohibit mask and vaccine mandates; commented that Council should focus on City issues.

Daniel Schop commented on the politicization of pharmaceuticals and the efficacy of the COVID-19 vaccine.

Jay Hedjazi spoke in support of the prohibition of COVID-19 mask and vaccine mandates.

Donna McGuire, Seal Beach, spoke in support of the prohibition of COVID-19 mask and vaccine mandates.

Suzanne M. commented on state bills concerning vaccine requirements in schools.

Page 16 of 19 ends

16 City Council Regular Meeting Minutes October 3, 2023 Michelle Morgan spoke in support of the prohibition of COVID-19 mask and vaccine mandates; provided a document to Council. A hard copy of the document is on file with the City Clerk.

Bill Kreutinger, San Clemente, spoke in opposition to a prohibition of COVID-19 mask and vaccine mandates.

Lisa H. opined on the efficacy of masks; spoke in support of the prohibition of COVID-19 mask and vaccine mandates.

Suzana Corritori commented on vaccine efficacy; urged Council to educate residents about the importance of a healthy lifestyle.

Thor Johnson spoke in support of the prohibition on COVID-19 mask and vaccine mandates.

Motion by Mayor Pro Tern Knoblock, second by Councilmember Cabral, CARRIED 3-2 (Mayor Duncan and Councilmember Enmeier voting NOE) to direct the City Manager to agendize any future mandates or decisions regarding COVID-19 for Council consideration.

AYE: Cabral, Knoblock and Loeffler
NOE: Enmeier and Mayor Duncan
Continuation of Meeting
Motion by Mayor Pro Tern Knoblock, second by Councilmember Loeffler, CARRIED 5-0, to continue the meeting to 11 :1 5 p.m.

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

11. Oral Communications (Part 2)
Bill Kreutinger, San Clemente, updated the Council on Tri-Cities RACES actions as it relates to emergency preparedness.

Amanda Q commented on the proposals presented at the Coastal Resiliency meeting; expressed concerns regarding the Brown Act as it relates to Coastal Advisory Committee attendance at the Coastal Resiliency meeting.

Tony Rubolino commented on the potential lease extension with Family Assistance Ministries concerning 1030 Calle Negocio.

Shelley Moore opined on the cost of City projects and benefits to the residents.

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17 City Council Regular Meeting Minutes October 3, 2023

12. Future Agenda Items
American Cell Tower
Councilmember Cabral, with the support of Councilmember Enmeier, Mayor Duncan and Mayor Pro Tern Knoblock, agendized for the October 17, 2023 Council meeting, a staff report concerning the American Cell Tower application in Harbor View/Harbor Ridge community including the 1994 contract.

Open Space Zoning
Councilmember Knoblock, with the support of Councilmember Loeffler, agendized consideration of the City's open space zoning ordinance and the definition of "utilities".

Continuation of Meeting
Motion by Councilmember Enmeier, second by Councilmember Loeffler, CARRIED 5-0, to continue the meeting to 11 :30 p.m.

AYE: Cabral, Enmeier, Knoblock, Loeffler and Mayor Duncan NOE: None
San Gorgonio Park Playground Substrate
Councilmember Enmeier, with the support of Mayor Duncan and Councilmember Cabral, agendized consideration of modifying the substrate (wood chips) at the San Gorgonio playground.

Public Safety Work Plan - E-Bike Safety
Councilmember Enmeier requested that the Public Safety Committee make recommendations to Council concerning E-Bike safety.

Human Affairs Committee Work Plan - Addressing Homelessness Councilmember Enmeier, with the support of Councilmember Loeffler and Mayor Duncan, directed the Human Affairs Committee to include in its work plan solutions to address homelessness.

San Clemente Trolley
Mayor Pro Tern Knoblock requested that the City Manager evaluate the feasibility of adding a surf board rack to the back of the San Clemente Trolleys and provide a memo to Council.

Page 18 of 19 ends

18 City Council Regular Meeting Minutes October 3, 2023

13. Reports
A. Commissions and Committees
None.

B. Council Subcommittee Updates
None.

C. Council Members
League of California Cities Annual Conference
Mayor Duncan reported that he, Councilmember Cabral and Councilmember Enmeier attended the League of California Cities annual conference in Sacramento.

D. City Attorney
None.

E. City Manager
City Manager Hall announced that he executed under his signature authority a contract with Summit Environmental for the preparation of needed documents and support for the California State Lands Lease Proposal in the amount of $14,400.

14. Adjournment
Motion by Mayor Pro Tern Knoblock, second by Councilmember Cabral, CARRIED 5-0, to adjourn in memory of San Clemente Fire Chief Ron Coleman at 11 :26 p.m. The next Regular Meeting will be held on October 17, 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 91 O Calle Negocio, 2nd Floor, San Clemente.

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

Page 19 of 19 ends

19 1
Agenda Item: 7B(1)

MINUTES OF THE REGULAR MEETING

OF THE CITY OF SAN CLEMENTE

PLANNING COMMISSION
August 16, 2023 @ 6:00 p.m.

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

CALL TO ORDER
Outgoing Chair McKhann called the Regular Meeting of the Planning Commission of the City of San Clemente to order at 6:05 p.m. The meeting was offered in person at San Clemente City Hall Council Chambers, 910 Calle Negocio, San Clemente, California, 92673, and also via live stream from the City's YouTube.

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

3. ROLL CALL
Commissioners Present: Barton Crandell, Scott McKhann, Karen Prescott-Loeffler; Chair pro tern Gary P. Mccaughan, M.D., Vice Chair M. Steven Camp, Chair Cameron Cosgrove
Commissioners Absent: Brent Davis
Staff Present: Adam Atamian, Deputy Community Development Director Gena Burns, Deputy City Attorney
Eileen White, Recording Secretary

4. SPECIAL ORDERS OF BUSINESS
A Selection of Planning Commission Chair, Vice-Chair, and Chair pro tern Chair
Outgoing Vice Chair Cosgrove and Outgoing Chair McKhann were nominated to serve as Chair of the Planning Commission. On a majority vote, Cameron Cosgrove was selected Chair of the Planning Commission.

Vice Chair
Outgoing Chair pro tern Camp was nominated to serve as Vice Chair of the Planning Commission. On a majority vote, M. Steven Camp was selected as Vice Chair.
2 Minutes of Regular Planning Comm!ssion Meeting of August 16, 2023 Page2 Chair pro tern
Outgoing Chair McKhann and Commissioner McCaughan were nominated to serve as Chair pro tern of the Planning Commission. On a majority vote, Gary P.

Mccaughan was selected to serve as Chair pro tern.

B. Selection of Design Review Subcommittee Members
Appoint four (4) Commissioners to serve on the Design Review Subcommittee; three (3) to serve as active members and one (1) as an alternative member. The Design Review Subcommittee (DRSC) meets the second and fourth Wednesday of each month at 3:00 p.m.

Chair Cosgrove, Vice Chair Camp and Commissioner Crandell volunteered, were nominated, and selected by majority vote to serve as the DRSC. Commissioner McKhann volunteered, was nominated and selected by majority vote to serve as the alternative on the DRSC.

5. MINUTES
A.

Minutes from the Regular Planning Commission Study Session of August 2, 2023.

IT WAS MOVED BY COMMISSIONER MCCAUGHAN, SECONDED BY

COMMISSIONER CRANDELL, AND UNANIMOUSLY CARRIED TO RECEIVE AND FILE THE MINUTES FROM THE AUGUST 2, 2023, PLANNING
COMMISSION REGULAR STUDY SESSION AS SUBMITTED.

Minutes from the Regular Planning Commission Meeting of August 2, 2023.

IT WAS MOVED BY COMMISSIONER MCCAUGHAN, SECONDED BY
COMMISSIONER PRESCOTT-LOEFFLER, AND UNAN.IMOUSLY CARRIED TO RECEIVE AND FILE THE MINUTES FROM THE AUGUST 2, 2023, PLANNING COMMISSION REGULAR MEETING AS SUBMITTED.

6. ORAL AND WRITTEN COMMUNICATION
Douglas Fanusch, resident, requested an update on the City's response to SB 9 and SB

10. Deputy Director Atamian reported the City has adopted a local ordinance to address SB 9 and opted not to participate with SB 10. He will contact Mr. Fanusch to provide additional details and answer questions.
3 Minutes of Regular Planning Commission Meeting of August 16, 2023 Page 3

7. CONSENT CALENDAR
A. Vacancy Rate Certification for Fiscal Year 2023-2024 A request to certify the annual housing vacancy rate to determine allowances for conversion of apartments to condominiums in Fiscal Year 2023-2024.

IT WAS MOVED BY CHAIR PRO TEM MCCAUGHAN, SECONDED BY
COMMISSIONER PRESCOTT-LOEFFLER AND UNANIMOUSLY CARRIED TO:

1. Find the 2024 Housing Vacancy Rate certification is not a project, and therefore not subject to CEQA according to State CEQA Guidelines Section 15378;and

2. Adopt Resolution No PC 23-013, certifying the housing vacancy rate is 8.2% and a maximum of 26 multi-family apartment units may be converted to condominiums in FY 2024.
[DECISION FINAL. SUBJECT TO APPEAL OR CALL UP BY COUNCIL.]

8. PUBLIC HEARING
None

9. NEW BUSINESS
None

10. OLD BUSINESS
None

11. REPORTS OF COMMISSIONERS AND STAFF
A. Tentative Future Agenda
B. Staff Waivers
The Commission discussed the agenda for the next Planning Commission Meeting to be held on Thursday, September 6, 2023, and elected to cancel it due to lack of agenda items.

Reports received and filed.
4 Minutes of Regular Planning Commission Meeting of August 16, 2023 Page 4

12. ADJOURNMENT

THERE BEING NO OTHER BUSINESS BEFORE THE COMMISSION, IT WAS MOVED

BY CHAIR COSGROVE, SECONDED BY CHAIR PRO TEM MCCAUGHAN AND UNANIMOUSLY APPROVED TO ADJOURN THE MEETING AT 6:25 P.M. TO THE

NEXT REGULAR PLANNING COMMISSION MEETINGS TO BE HELD IN-PERSON ON SEPTEMBER 20, 2023, AT 6:00 P.M. AT THE SAN CLEMENTE CITY HALL COUNCIL CHAMBERS LOCATED AT 910 CALLE NEGOCIO, SAN CLEMENTE, CA, 92672, AND

TELECONFERENCE AVAILABLE TO THE PUBLIC VIA LIVE STREAM FROM THE CITY'S YOUTUBE CHANNEL.

Respectfully submitted,
¼,,~r\~~
Cameron Cosgrove, Chairrr,h
Atteshn 1 I .
~ --r- . \ - -
AdamAtarnlan,Depty Community Development Director
1 Agenda Item: 7B(2)

CITY OF SAN CLEMENTE

MINUTES OF THE REGULAR MEETING

OF THE ZONING ADMINISTRATOR
AUGUST 17, 2023
San Clemente City Hall
First Floor Community Room
910 Calle Negocio
San Clemente, California 92673

1. CALL TO ORDER
Zoning Administrator Gallardo-Daly called the Regular Meeting of the City of San Clemente Zoning Administrator to order on August 17, 2023 at 3:00 p.m. The meeting was held in the First Floor Community Room of City Hall, 910 Calle Negocio, and San Clemente, California.

Staff Present:

2. MINUTES
Cecilia Gallardo-Daly, Zoning Administrator
John Ciampa, Contract Planner
Tamara Tatich, Office Specialist
A. Receive and file Minutes from the Zoning Administrator Regular Meeting of July 30, 2023.

3. ORAL AND WRITTEN COMMUNICATION
None

4. PUBLIC HEARING
A. CITY ANTENNA PERMIT 23 .. 103, DISH Wireless Facility, 2916 Via San Gorgonio
A request to install antennas and equipment on an existing ball field light standard and in an existing equipment enclosure in the San Gorgonio City Park at 2916 Via Gorgonio.

Staff recommends that the project be found categorically exempt from the California Environmental Quality Act under Section 15301 of the CEQA Guidelines ( 14 CCR§ 15301, Class 1 e: Existing Facilities) and Section 15303 of the CEQA Guidelines (14 CCR§ 15303, Class 3: New Construction or Conversion of Small Structures).
2 Minutes of the Zoning Administrator Regular Meeting August 17, 2023 Contract Planner John Ciampa summarized the staff report.

ZA Gallardo-Daly stated the report was very thorough and the exhibits were helpful. ZA Gallardo-Daly asked staff to confirm compliance to a Condition of Approval that requires equipment to be removed if the facility is to be decommissioned, at which time Peter Blied with Plancom and applicant on behalf of DISH Wireless stated that decommissioned equipment would be removed from the site.

ZA Gallardo-Daly asked staff if any additional correspondence from the public was received, of which there was none.

Mr. Blied had nothing further to add to the staff report.

ZA Gallardo-Daly asked the applicant if there was a need to install a cover over the equipment. Mr. Blied responded that in some locations a security lid is needed due to vandalism, and that one may be installed if there is a need.

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

ZA Gallardo-Daly stated that she read the report, visited the location, went through the Conditions of Approval and the plans in detail, and can make the findings for a City Antenna Permit.

ZA Gallardo-Daly stated that the project complies with the height limitations of the zone. The light pole mounted equipment will be below the light standard and approximately of the height of the previous equipment.

ZA Gallardo-Daly stated that the proposed project does not interfere with the transmission or reception of other signals, according to the technical evidence provided by the applicant. The facility operates on its own frequency that should not affect the City's Supervisory Control and Data Acquisition radio system or any other transmission or reception equipment.

ZA Gallardo-Daly stated that the proposed project does not create adverse visual impacts to the surrounding area or the City at large. The wireless equipment on the light standard will be flush mounted and painted to match the color of the light standard. The supporting equipment will be contained within an existing enclosure with no modifications proposed to the exterior of the building.

ZA Gallardo-Daly stated that the proposed project is consistent with the pre-approved design concepts for City properties identified in the Page2
3 Minutes of the Zoning Administrator Regular Meeting August 17, 2023 City of San Clemente Wireless Master Plan. The Design Review Subcommittee identified a project design that the applicant has incorporated into the design that is before the Zoning Administrator today for approval.

Based on the information in the staff report and subject to the required Findings and Conditions of Approval, ZA Gallardo-Daly determined the project Categorically Exempt from the California Environmental Quality Act (CEQA) under Section 15301 of the CEQA Guidelines (14 CCR§ 15301, Class 1 e: Existing Facilities) and Section 15303 of the CEQA Guidelines (14 CCR§ 15303, Class 3: New Construction or Conversion of Small Structures).

Action: The Zoning Administrator adopted Resolution ZA23-014, City Antenna Permit 23-103, DISH Wireless Facility, located at 2916 Via San Gorgonio - subject to the Conditions of Approval.

5. NEW BUSINESS
None

6. OLD BUSINESS
None

7. AOJ.OURNMENT
The meeting adjourned at 3:09 p.m. to the Regular Meeting of the Zoning Administrator, which will be held Thursday, September 21, 2023 at 3:00 p.m. at Community Development Department, City Hall, First Floor Community Room, located at 910 Calle Negocio, San Clemente, California.

Respectfully submitted,

SAN CLEMENTE ZONING ADMINISTRATOR
,C!Q_G;::_~~o
Cecilia Gallardo-Daly, Zoning Administrator
Page3

CITY OF SAN CLEMENTE

MINUTES OF THE REGULAR MEETING OF THE

PUBLIC SAFETY COMMITTEE
August 22, 2023
City Hall
Council Chambers, 2nd Floor
910 Calle Negocio
San Clemente, CA 92673

1. CALL TO ORDER
Chair Berkuta called the Regular Meeting of the Public Safety Committee of the City of San Clemente to order at 3:02 p.m.

2. PLEDGE OF ALLEGIANCE
Committee Member Rhoden led the Pledge of Allegiance.

3. ROLL CALL
Committee
Members Present: Chair Nick Berkuta
Vice Chair Michael Greenwald
Mark Rhoden
Captain Jay Christian
Chief Cheyne Maule
Captain Rod Mellott

Absent: Scotland Roeber
Staff Present: Danielle Sorahan, Code Compliance Manager Natanya Wilcher, Office Specialist
Andy Hall, City Manager (left at 3:15 p.m.)
Special Guests: None.

4. SPECIAL ORDERS OF BUSINESS / PRESENTATIONS
None.
1 Agenda Item: 7B(3)
These minutes will be considered for approval at the Public Safety Committee Meeting of 09/26/2023

Page 2 ends

Minutes of the Regular Meeting of the Public Safety Committee of August 22, 2023

5. MINUTES
A. Minutes from the Regular Public Safety Committee meeting of July 25, 2023

MOTION BY MEMBER BERKUTA, SECOND BY MEMBER RHODEN AND
CARRIED 3-0-1, Member Roeber absent, to approve the minutes from the Public Safety Committee meeting of July 25, 2023, adding “Office” to the title of Brian Kinsey under Special Guests and Item 4.A; and changing the name of the movie in Item 9.A.6. from “Oppenheimer” to “The Sound of Freedom.”

6. ORAL AND WRITTEN COMMUNICATION
None.

7. REVIEWS AND RECOMMENDATIONS
A. OCSD Performance Measures FY 2023 Q3
Captain Christian presented the crime statistics to the Committee.

In response to questions from the Committee, Captain Christian stated that he would further investigate the data related to Effectiveness Group A Crimes.

He also clarified the department's protocols on use-of-force incidents and discussed the primary causes for arrests.

B. Marine Safety Performance Measures FY2023 Q3
Captain Mellott reviewed the third quarter performance measures.

In response to a question from the Committee, Captain Mellott stated that the Junior Lifeguard Program was not included in the performance measures. He indicated that there were approximately 820 participants and discussed the registration process for the Junior Lifeguard Program.

MOTION BY VICE CHAIR GREENWALD, SECOND BY CHAIR BERKUTA AND CARRIED 3-0-1, Member Roeber absent, to bring back an item to consider recommending the City Council direct Captain Mellott to include the Junior Lifeguard Program in the performance measures; and priority registration to incumbents.

8. NEW BUSINESS
A. Consideration of Recommendation to City Council for City-staff Designated Coordinator for Disaster Preparedness Training 2

Page 3 ends

Minutes of the Regular Meeting of the Public Safety Committee of August 22, 2023 Chair Berkuta presented the report, requesting the Committee to recommend that the City Council create either a part-time or full-time Disaster Preparedness Coordinator position staffed by a City employee.

Councilmember Loeffler outlined the historical need for a dedicated emergency coordinator and a suitable location for an emergency operations center, suggesting San Clemente as a possible site.

MOTION BY VICE CHAIR GREENWALD, SECOND BY CHAIR BERKUTA AND CARRIED 3-0-1, Member Roeber absent, to direct staff to formalize a recommendation to the City Council to add a part-time or full-time City employee as a designated coordinator for disaster preparedness, adding a component of public information officer.

9. UNFINISHED BUSINESS
A. Public Safety Committee Annual Work Plan FY2022-2023

1. Communications and Disaster Preparedness Project Update Chair Berkuta stated the project was contingent upon hiring a coordinator.

2. Homelessness and Best Management Practices for Public Safety Personnel Project Update
Member Rhoden requested adding an item to a future agenda regarding the City leasing the County property to deal with the homeless situation.

Captain Christian discussed recent efforts by San Diego County to clean up the area.

MOTION BY MEMBER RHODEN, SECOND BY VICE CHAIR GREENWALD AND CARRIED 3-0-1, Member Roeber absent, to discuss the viability of leasing the unincorporated area of San Diego County located at the southernmost portion of South El Camino Real from the San Diego County line to the termination of the roadway at Cristianitos Road, to take proactive action regarding homelessness.

Vice Chair Greenwald discussed the possibility of using the now vacant Chet Holifield Federal building in Aliso Viejo for a homeless shelter.

3. Legislation Review
None.
3

Page 4 ends

Minutes of the Regular Meeting of the Public Safety Committee of August 22, 2023

4. Neighborhood Watch
Vice Chair Greenwald suggested the use of volunteers and encouraged information booths at public events.

8. Technology Review
Member Rhoden discussed the meeting he and Chair Berkuta had with a company regarding drone traffic control. He indicated there was additional information needed.

Chair Berkuta stated it was an interesting service but he was not sure there was a problem to be solved by the technology.

5. Statistical Information and Review
None.

6. Human Trafficking
None.

7. E-Bicycle/Traffic Safety
Member Rhoden requested a future agenda item to discuss adjusting the timing of the traffic light at westbound Pico Avenue at the southbound I-5 off ramp and the northbound I-5 on ramp.

MOTION BY MEMBER RHODEN, SECOND BY VICE CHAIR GREENWALD AND CARRIED 3-0-1, Member Roeber absent, to agendize discussion of the timing of the traffic light at westbound Pico Avenue at the southbound I-5 off ramp and the northbound I-5 on ramp.

AMENDED MOTION BY VICE CHAIR GREENWALD, SECOND BY MEMBER RHODEN AND CARRIED 3-0-1, Member Roeber absent, to have staff to contact CHP and Caltrans to determine the jurisdiction and then report to the Committee.

9. Review of Urgent Matters
None.

10. REPORTS OF COMMITTEE MEMBERS AND STAFF
A. Police Services – Orange County Sheriff’s Department Captain Christian 4

Page 5 ends

Minutes of the Regular Meeting of the Public Safety Committee of August 22, 2023 Captain Christian provided updates on current training and staffing in Downtown, focusing on foot patrol activities.

In response to questions from the Committee, Captain Christian elaborated on the deployment of the Student Resource Officer and patrols on bike trails.

B. Fire Services – Orange County Fire Authority, Chief Maule Chief Maule briefed the Committee on recent incident statistics, assets deployed in Maui, staffing allocated for Hurricane Hillary, fire safety preparedness, water sources for firefighting helicopters, and the FBI drone program.

In follow-up to Committee inquiries, Chief Maule discussed the water sources utilized for helicopter firefighting and preparations for storm response.

C. Marine Safety – Marine Safety Division Captain Mellott Captain Mellott reported on recent lifeguard staffing, marine safety statistics, Safety Officer recruitment, contract for uniforms, Beach concerts, and the sand replenishment project.

In response to Committee questions, Captain Mellott discussed issuance of press releases.

D. Committee Chair
Chair Berkuta announced that Member Roeber was unavailable due to work commitments. He also talked about ongoing efforts to recruit a fifth committee member and expressed gratitude to the staff for their efforts in maintaining city safety.

E. Committee Members
None.

F. City Staff
Code Compliance Manager Sorahan discussed several key points: the need to prepare the Work Plan for Fiscal Year 2023-24, Council's directive for the Committee to investigate the City's public safety siren notification system, improvements and leadership selection in the Park Ranger program, and Council's adoption of Resolution No. 23-88 concerning compensation for committee members.

11. ADJOURNMENT
5

Page 6 ends

Minutes of the Regular Meeting of the Public Safety Committee of August 22, 2023

MOTION BY CHAIR BERKUTA, SECOND BY VICE CHAIR GREENWALD, AND CARRIED 3-0-1, Member Roeber absent, to adjourn at 4:30 PM to the next Regular Meeting of the Public Safety Committee scheduled to be held on Tuesday, September 26, 2023, at 3:00 p.m. in the Council Chambers of City Hall at 910 Calle Negocio, San Clemente, California.

Respectfully submitted,
______________________________
Nick Berkuta, Chair
Attest:
_______________________________
Danielle Sorahan, Code Compliance Manager
6 CITY OF SAN CLEMENTE

MINUTES OF THE REGULAR MEETING

OF THE ZONING ADMINISTRATOR
SEPTEMBER 21, 2023
San Clemente City Hall
First Floor Community Room
910 Calle Negocio
San Clemente, California 92673

Staff Present: Cecilia Gallardo-Daly, Zoning Administrator Kyle Webber, Associate Planner
Tamara Tatich, Office Specialist

2. MINUTES
A. Receive and file Minutes from the Zoning Administrator Regular Meeting of August 17, 2023.

3. ORAL AND WRITTEN COMMUNICATION
None

4. PUBLIC HEARING
A. 229 Avenida Monterey — Tentative Parcel Map 23-224 — Kozik Condominiums
A request to consider a condominium subdivision of a duplex currently under construction within the residential medium density zone and coastal zone (RM-CZ).

Staff recommends that the project be found Categorically Exempt from CEQA pursuant to State CEQA Guidelines Section 15315 (Class 15:

Minor Land Divisions).

Associate Planner Kyle Webber summarized the staff report and cited one additional Condition to be added to the Conditions of Approval:
1 Agenda Item: 7B(4)
Minutes of the Zoning Administrator Regular Meeting September 21, 2023 Page 2 Prior to final stamping of the Tentative Map, the plans shall state “the landowner’s covenants for Fuel Modification Zone maintenance shall be in accordance with approved fuel modification plans and shall be recorded concurrently with the Final Map.”
ZA Gallardo-Daly asked staff a question related to the added Condition wherein stating “stamping the final map of the tentative map”, if that is the stamping of the map once final, and staff confirmed that to be correct.

Having no further questions of staff, ZA Gallardo-Daly opened the public hearing. There being no comments, ZA Gallardo-Daly closed the public hearing.

ZA Gallardo-Daly stated the report was very thorough. ZA GallardoDaly reviewed the Conditions of Approval and Findings, is familiar with the property, and can make the Findings for the condominium conversion.

The subdivision of air space will allow for two units on one lot. One of the units will assume ownership of the attached ADU. The conversion of the two units does not exceed the maximum number of
condominium conversions that has been established by the City’s certified vacancy rate. There is a Condition of Approval that requires the applicant receive approval from Coastal Commission before the final map is approved. Additionally, the project does not propose removal of any existing affordable housing. The property is currently under construction for the two units and the ADU. CC&Rs are required that will establish maintenance responsibilities over all the common areas and the condominium conversion complies with all the requirements of the Municipal Code.

Based on the information in the staff report and subject to the required Findings and Conditions of Approval, ZA Gallardo-Daly determined the project is Categorically Exempt from CEQA pursuant to State CEQA Guidelines Section 15315 (Class 15: Minor Land Divisions).

Action: The Zoning Administrator adopted Resolution ZA23-015, approving Tentative Parcel Map 2023-112 (TPM 23-224), Kozik Condominium Conversion, subject to the Conditions of Approval with one additional Condition, denoted as #1.11, which states: Prior to final stamping of the Tentative Map, the plans shall state, “The landowner’s covenants for Fuel Modification Zone maintenance shall be in accordance with approved fuel modification plans and shall be recorded concurrently with the Final Map.”
2 Minutes of the Zoning Administrator Regular Meeting September 21, 2023 Page 3

5. NEW BUSINESS
None

6. OLD BUSINESS
None

7. ADJOURNMENT
The meeting adjourned at 3:12 p.m. to the Regular Meeting of the Zoning Administrator, which will be held Thursday, October 19, 2023 at 3:00 p.m. at Community Development Department, City Hall, First Floor Community Room, located at 910 Calle Negocio, San Clemente, California.

Respectfully submitted,

SAN CLEMENTE ZONING ADMINISTRATOR
__________________________________
Cecilia Gallardo-Daly, Zoning Administrator
3 1
Agenda Item: 7B(5)
Approved by the Beaches, Parks and Recreation Commission at its regular meeting on August 8, 2023.

CITY OF SAN CLEMENTE

MINUTES OF THE

BEACHES, PARKS AND RECREATION COMMISSION

REGULAR MEETING
TUESDAY, JUNE 13, 2023 6:00 P.M.

Chair Rousseau called the Regular Meeting of the Beaches, Parks and Recreation Commission of the City of San Clemente to order on Tuesday, June 13, 2023, at 6:05 p.m. at the City Hall Council Chambers located at 910 Calle Negocio, San Clemente, CA Commissioner Weinstein led the Pledge of Allegiance.

PRESENT Susan Ambrose, Rob Feuerstein, Errol Foremaster, Teri Rousseau, Amelia Mae Weinstein
ABSENT Jennifer Elliott and Jorine Campopiano
STAFF PRESENT Samantha Wylie, Beaches, Parks and Recreation Director Maile Stivers, Sr. Administrative Assistant

1. SPECIAL PRESENTATIONS

2. APPROVAL OF MINUTES
A. April 11, 2023 Beaches, Parks and Recreation Commission Regular Meeting Minutes
Commissioner Ambrose requested adding the following to Item 8A, Page 5:
"and pointed out the challenge forms on water conservation pledge were in the back."
Commissioner Foremaster suggested Chair Weinstein be changed to Commissioner Weinstein on Page 3, Item B.

MOTION BY COMMISSIONER FEUERSTEIN, SECOND BY
COMMISSIONER FOREMASTER, AND CARRIED 5-0, COMMISSIONER
ELLIOT AND CHAIR PRO TEM CAMPOPIANO ABSENT, to approve the minutes of the Beaches, Parks and Recreation Commission Meeting of April 11, 2023, as amended.

B. April 24, 2023 Beaches, Parks and Recreation Commission Special Meeting Minutes

MOTION BY COMMISSIONER FEUERSTEIN, SECOND BY
COMMISSIONER WEINSTEIN, AND CARRIED 5-0, COMMISSIONER
ELLIOT AND CHAIR PRO TEM CAMPOPIANO ABSENT, to approve the 2 'Beaches, Parks & Recreation Commission Minutes of June 13, 2023 Page2 minutes of the Beaches, Parks and Recreation Commission Meeting of April 24, 2023.

3. ORAL COMMUNICATIONS
Suzanne Whitelaw, Save Our Beaches San Clemente, San Clemente Resident, thanked the Commissioners for their work and requested additional workshops with stakeholders and the consultant on the City's Nature Based Solution Study.

4. CURRENT COMMUNITY ACTIVITIES AND UPDATES
A. Recreation Activities and Events
Samantha Wylie, Beaches, Parks and Recreation Director, discussed the recent Cinco De Mayo Fiesta, Bike Safety Rodeo, and Memorial Day Observance. She discussed the upcoming Annual Fire Works Display on July 4 and Summer Concert Series starting July 6.

B. Environmental Services Update
None.

5. OLD BUSINESS
A. Consideration of Improvements and Upgrades to the Base of Pier and Underpass Area in Partnership with PierPride Foundation Samantha Wylie, Beaches, Parks and Recreation Director, summarized the contents of the report.

Eileen Kawas, PierPride Foundation, summarized the proposal for the Avenida Victoria entrance to the pier; goal of safer access; suggestion to review drainage; lighting, security cameras and public art; and presented suggested modifications.

Commissioners, either individually or in agreement, commented on:
• support for the proposal
• retaining the Palm Grove
• the possibility of widening the steps down
• art, including the history of the pier
• the proposed planking
• retaining the existing tile work
• features to dissuade skating

6. NEW BUSINESS
A. Request to Rename Vista Hermosa Sports Park
Samantha Wylie, Beaches, Parks and Recreation Director, summarized the contents of the report and presentation on park naming and recognition. 3 ·eeaches, Parks & Recreation Commission Minutes of June 13, 2023 Page3 In response to Commission questions, Ms. Wylie explained the CARE Program; need to change monument signs; marketing materials; and estimated cost of $15 to 20K.

Eric Ettlin, San Clemente resident, encouraged honoring John Flagler by renaming Vista Hermosa Sports Park.

Dwight Johnson, San Clemente resident, discussed the sacrifices of John Flagler and urged the Commission to rename the park in his honor.

Brian Hogan, San Clemente resident, indicated support for changing the name of the park.

Ruth, San Clemente resident, expressed condolences to the family of John Flagler and encouraged the Commission to take no action.

Amanda, San Clemente resident, indicated support for not renaming the park.

Commissioners, either individually or in agreement, commented on:
• sympathy to the Flagler family
• others that should be recognized in the same manner
• naming the ballfields after Mr. Flagler and firefighters • other named parks for outstanding and long term contributions to the City • first responders memorial

MOTION BY COMMISSIONER AMBROSE, SECOND BY CHAIR
ROUSSEAU, AND CARRIED 4-0-1, COMMISSIONER WEINSTEIN

ABSTAINING AND COMMISSIONER ELLIOT AND CHAIR PRO TEM
CAMPOPIANO ABSENT, to take no action on renaming Hermosa Sports Park.

MOTION BY CHAIR ROUSSEAU, SECOND BY COMMISSIONER
AMBROSE, AND CARRIED 5-0, COMMISSIONER ELLIOT AND CHAIR PRO TEM CAMPOPIANO ABSENT, to recommend the City Council consider a memorial for fallen first responders.

7. COMMUNICATIONS
A. Beaches, Parks & Recreation Director Report
i. Site-Specific Park Master Plan
Samantha Wylie, Beaches, Parks and Recreation Director, reported that the Council approved the Steed Park Master Plan and temporary construction of pickle ball courts. She stated the other Master Plans had been put on pause. ii. Beaches, Parks & Recreation Items
Samantha Wylie, Beaches, Parks and Recreation Director, provided an update on the railroad lines through San Clemente. She discussed the successful 4 'Beaches, Parks & Recreation Commission Minutes of June 13, 2023 Page4 summer camps and Junior Lifeguard program; and expanded aquatic hours of operation.

In response to Commission questions, Ms. Wylie discussed funding for Pickleball courts; ongoing design for permanent courts; and the location for temporary courts.

8. ITEMS FROM COMMISSION
A. Subcommittee Reports
i. Coastal Items - Commissioner Ambrose provided an update on the City Council support of AB882 and AB966. She stated she had provided information to staff on coastal issue webinars and the Smart Coast California Virtual Stakeholder meeting on April 14, 10 a.m. ii. Coastal Items - Chair Rousseau reported on the recent meeting regarding donations and sponsorships. She discussed efforts of the subcommittee on corporate matches and explained allocation of funds and tracking of donations.

Ruth (no last name provided), San Clemente resident, asked the amount of funds received and use of those funds. She asked if there were future commitments and what those funds were slated for.
iii. Sunscreen Station Locations - Commissioner Foremaster reported on the two locations. Ms. Wylie stated the matter would be taken to Council for approval.

8. Items from Commissioners
i. PierPride Foundation
Member Feuerstein announced fundraising dates in October. ii. Friends of San Clemente Beaches, Parks and Recreation Foundation Chair Rousseau reiterated the funds providing an extra concert. She announced the creation of the Facebook page for the Foundation. She stated Friends was approved for two corporate match programs. iii. Proposed Future Agenda Items
Commissioner Feuerstein expressed concern regarding Ms. Whitelaw's comments regarding stakeholder input on Coastal Resiliency. Ms. Wylie stated she would provide an update from Community Development.

Member Ambrose concurred with the need for additional input.

Commissioner Weinstein returned to the dais at 7:44 p.m. 5 ·seaches, Parks & Recreation Commission Minutes of June 13, 2023 Pages Commissioner Foremaster thanked the outgoing Commissioners. 1 O. ADJOURNMENT

MOTION BY COMMISSIONER WEINSTEIN, SECOND BY CHAIR ROUSSEAU, AND CARRIED 5-0, COMMISSIONER ELLIOT AND CHAIR PRO TEM
CAMPOPIANO ABSENT, to adjourn at 7:46 p.m. to a regular meeting on Tuesday, August 8, 2023, at 6:00 p.m. at City Hall Council Chambers located at 910 Calle Negocio, San Clemente, CA
72(;~...,.__~
Chairperson of the Beaches, Parks &
Recreation Commission Director
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 ACCURACY OF THE FOREGOING

DEMANDS AND THAT FUNDS ARE AVAILABLE FOR PAYMENT
THEREOF:

APPROVED AND ORDERED PAID AT

THE MEETING OF THE CITY COUNCIL

HELD ON
------------
1 N THE AMOUNT OF$ =2=5=99:;..i..9;:;;_;;6:....;..7.;..;:.3-=-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
09/26/2023 8:27:43AM
Final Check List

SAN CLEMENTE
Bank : citv BANK OF THE WEST
Check # Date Vendor __ ln_v_o_ic_e __ _ Inv Date Descriotion 591550 9/27/2023 001174 SAN DIEGO GAS & ELECTRIC300000082861 9/21/2023 S/O #1000010531, 3924 CALLI Amount Paid
863.00
Sub total for BANK OF THE WEST:

Page: 1
Check Total
863.00 863.00
Page: 1
3 apChklst
09/26/2023 8:27:43AM
1 checks in this report.

Final Check List

SAN CLEMENTE
Page: 2
Grand Total All Checks: 863.00
Page: 2
4 apChkLst
09/27/2023 1 :44:44PM
Final Check List

SAN CLEMENTE
Bank : citv BANK OF THE WEST
Check# Date Vendor Invoice Inv Date Descriotion
2927 9/29/2023 0024 7 4 CA PUB EMPLOY RETIREMEI\PP19/23 9/17/2023 PERS CONTRIBUTIONS 2928 9/29/2023 024009 CA PUB EMP RETIREMENT S'PP#19/23 9/17/2023 PERS CONTRIBUTIONS FOR 591551 9/29/2023 024081 AZ SAN CLEMENTE PARTNEl100123 10/1/2023 PARKING LOT LEASE AGREE 591552 9/29/2023 016780 ABDELMUTI DEVELOPMENT <100123 10/1/2023 PARKING LOT LEASE AGREE 591553 9/29/2023 017063 ADMINSURE INC. 16364 9/15/2023 CLAIMS ADMINISTRATION FC 591554 9/29/2023 000042 AKM CONSULTING ENGINEEF0012454 9/18/2023 PNS 12004 12209 - CYPRUS 0012456 9/18/2023 CYPRUS SHORE LIFT STATIC
0012426 9/11/2023 CYPRUS SHORE STORM DRI
591555 9/29/2023 015621 ALEXANDER'S CONTRACT S\20230831001 4 8/31/2023 MONTHLY METER READING , 104808 9/1 4/2023 MONTHLY METER READING ,
591556 9/29/2023 033021 ALLIANCE DIVERSIFIED PP1 9/19/2023 CASA ROMANTICA EMERGE! 591557 9/29/2023 034565 AMAZON BUSINESS 1 CHW-97XP-R4 8/30/2023 SUPPLIES 113L-TRJJ-44Dl 9/1/2023 SUPPLIES
13WY-94XH-DJ· 9/6/2023 SUPPLIES
13WY-NJKT-CR 9/6/2023 SUPPLIES
13WY-NJKT-CR 9/6/2023 SUPPLIES
17YR-VT16-DW 9/6/2023 SUPPLIES
14G6-HJK9-DX1 9/6/2023 SUPPLIES
1 RFY-RLJH-LGF 9/7/2023 SUPPLIES
1TMY-G97Y-G3 9/13/2023 SUPPLIES
1 JPC-KMKC-F71 9/6/2023 SUPPLIES
139H-GYG3-CC 9/6/2023 SUPPLIES
1 L Y9-G 1 JQ-69K 9/6/2023 SUPPLIES
1 KY9-LHHW-67, 9/6/2023 SUPPLIES
191J-XQ3J-MQF 9/7/2023 SUPPLIES
1 P1 J-LKGF-GQI 9/7/2023 SUPP.LIES
1 W79-M4X6-PR 9/8/2023 SUPPLIES
1 DXQ-469W-3R 9/11/2023 SUPPLIES
1 HK6-96WQ-4H 9/12/2023 SUPPLIES
1 KLR-7KKY-3W 9/13/2023 SUPPLIES
1DX7-H7DJ-1JN 9/13/2023 SUPPLIES
1 NH3-LCJ7-DPJ 9/15/2023 SUPPLIES
19W7-V9TR-7D1 9/15/2023 SUPPLIES
1 FXG-LTQ1-4Y~ 9/11/2023 SUPPLIES
Amount Paid
6,681.61
102,017.32
350.00
700.00
1,430.00
1,565.00
54,848.00
26,811.00
21,663.98
356.44
349,364.40

60.10 3,328.37
103.32

22.62 22.62

22.62 22.62
184.89
158.22

44.58 45.86
110.55

11.63 29.07
182.86
117.91
241.32
161 .55

21.00 193.00
776.76

68.94 -19.1 2
Page: 1
Check Total
6,681.61
102,017.32
350.00
700.00
1,430.00
83,224.00
22,020.42
349,364.40
5,911.29
Page: 1
5 apChkLst Final Check List Page: 2
09/27/2023 1 :44:44PM SAN CLEMENTE
Bank : city BANK OF THE WEST (Continued)
Check# Date Vendor Invoice Inv Date Description Amount Paid Check Total 591558 9/29/2023 035833 ANDERSON , KYLE & AMY 822-0780 12/14/2022 REFUND OF WMP FEE 750.00 750.00 591559 9/29/2023 034095 ARDENT PRESS INC 40688 9/18/2023 ENVELOPES 381 .87 381.87 591560 9/29/2023 024288 ARMOR FENCE CONCEPTS 1261 9/15/2023 CHAIN LINK ON BATTING CAI 795.00 1260 9/15/2023 CHAIN LINK REPLACEMENT 995.00
1255 9/13/2023 CHANGE OUT FENCE FABRIC 795.00
1254 9/1 3/2023 FENCE REPAIRS 795.00
1238 8/7/2023 INSTALL/ REMOVE LODGE P 1,250.00 4,630.00 591561 9/29/2023 035794 ARNOLD, MONICA 60138939 8/28/2023 REFUND OF DEPOSIT 50.00 50.00 591562 9/29/2023 019898 ATS COMMUNICATIONS 936685 9/6/2023 LA03597B - SEP 2023 PAYMEI 601 .02 936624 9/5/2023 LA23187D - SEP 2023 PAYMEI 691. 19 1,292.21 591563 9/29/2023 035853 BAHAN, CORNELIUS Ref002533632 9/26/2023 UB Refund Cst #106566 33.29 33.29 591564 9/29/2023 025638 BAKER INTERNATIONAL INC, 1190654 9/19/2023 TRASH ENCLOSURE REBUIL 5,910.00 5,910.00 591565 9/29/2023 019454 BASICS OF SKATEBOARDING091423 9/14/2023 CONTRACT INSTRUCTOR PA 228.20 228.20 591566 9/29/2023 024030 BAY ALARM COMPANY 20833004 9/2/2023 3321970 MONITORING SERVI 150.00 20852268 9/3/2023 3365970 MONITORING SERVI 35.00 185.00 591567 9/29/2023 035841 BAY, RENEE Ref002533616 9/26/2023 UB Refund Cst #076506 147.61 147.61 591568 9/29/2023 035649 BERWYN JWM INVESTMENT~Ref002533623 9/26/2023 UB Refund Cst #095664 163.17 163. 17 591569 9/29/2023 032624 BLECKERT'S POWER SERVIC1183 9/1 /2023 GENERATOR RENTAL FOR C 10,904.34 10,904.34 591570 9/29/2023 029408 BONDURANT, CANDICE 60138222 8/28/2023 REFUND OF DEPOSIT 50.00 50.00 591571 9/29/2023 010991 BONILLA, KATHY 60138718 8/28/2023 REFUND OF DEPOSIT 50.00 50.00 591572 9/29/2023 026424 BOUGHTON, MARJORIE T 100123 10/1/2023 PARKING LOT LEASE AGREE 166.66 166.66 591573 9/29/2023 016000 BOUND TREE MEDICAL, LLC 85089050 9/13/2023 MEDICAL SUPPLIES 106.92 106.92 591574 9/29/2023 005046 C. WELLS PIPELINE MATERIASINV23-3325 9/15/2023 PIPELINE MATERIALS 12.55 SINV23-3326 9/15/2023 PIPELINE MATERIALS 592.63
SINV23-2887 8/2/2023 PARTS FOR ASSISTED LIVINI 8,966.96 9,572. 14 591575 9/29/2023 016915 CACEO 200026647 8/31/2023 APPLICATION FEE 210.00 200026891 9/19/2023 CONFERENCE REGISTRATIC 600.00 810.00 591576 9/29/2023 028447 CALDERON.VANESSA 60181567 8/29/2023 CREDIT ON ACCOUNT REFUI 82.00 82.00 591577 9/29/2023 019062 CALIF COAST CARPET & FLO 10029 9/17/2023 CARPET INSTALL SCAC 4,125.00 4,1 25.00 591578 9/29/2023 003231 CALIFORNIA DEPT OF JUSTIC679522 9/6/2023 FINGERPRINT PROCESSING 704.00 704.00 591579 9/29/2023 015115 CAMPAGNOLO, LAURA 091923 9/22/2023 CONFERENCE EXP REIMBUF 184.56 184.56 591580 9/29/2023 035825 CAMPOPIANO, JACKSON SC504068 8/7/2023 CITATION REFUND 43.00 43.00 591581 9/29/2023 034545 CAPELA, EMMA 60138815 8/28/2023 REFUND OF DEPOSIT 50.00 50.00 591582 9/29/2023 033621 CAPO BEACH EQUIPMENT RE3258 9/5/2023 TOOLS 486.47 486.47 591583 9/29/2023 026426 CARRICK, CYNTHIA T 100123 10/1/2023 PARKING LOT LEASE AGREE 166.66 166.66 Page: 2
6 apChklst Final Check List Page: 3
09/27/2023 1:44:44PM SAN CLEMENTE
Bank : citv BANK OF THE WEST (Continued)
Check# Date Vendor Invoice Inv Date Descriotion Amount Paid Check Total 591584 9/29/2023 035039 CHEM PRO LLC IN118845 7/1 /2023 WATER TREATMENT SERVIC 344.00 344.00 591585 9/29/2023 019519 CINTAS CORPORATION 1904271743 9/15/2023 APPAREL FOR STAFF 4,076.36 1904283611 9/20/2023 APPAREL FOR STAFF 216.18 4,292.54
591586 9/29/2023 033678 COCHARD, GREGORY 60138970 8/28/2023 REFUND OF DEPOSIT 50.00 50.00 591587 9/29/2023 035795 COLLINS, KELSEY 60138251 8/28/2023 REFUND OF DEPOSIT 50.00 50.00 591588 9/29/2023 026046 COLTS LANDSCAPE INC 091823-0933 9/18/2023 COLTS - BCHS, ACCESS & Pl 1,680.00 091823-0956 9/18/2023 COLTS - BCHS, ACCESS & Pl 4,840.00 091823-1044 9/18/2023 COLTS - STREETSCAPES (Sl 1,716.00 091823-1032 9/18/2023 SANDBAGS FROM CY TO SA 730.00 8,966.00 591589 9/29/2023 001417 CONSOLIDATED ELECTRIC D 1049275 9/14/2023 MATERIALS 55.47 1049371 9/15/2023 MATERIALS 3.04
1049329 9/14/2023 MATERIALS 179.97
1049343 9/14/2023 MATERIALS 182.64
1049676 9/19/2023 MATERIALS 321 .42 742.54
591590 9/29/2023 001394 COOK PGA GOLF SHOP INC, 092523 9/25/2023 9/18/23 - 9/24/23 WEEKLY PA'\ 18,294.22 18,294.22 591591 9/29/2023 001681 CORONA CLAY COMPANY INC14857 9/20/2023 STEED PK - DG STABILIZED 2,712.88 2,712.88 591592 9/29/2023 035826 CRUZ, CHELSEA ST119906 7/27/2023 CITATION REFUND 43.00 43.00 591593 9/29/2023 021117 CTS LANGUAGE LINK 182684 9/7/2023 TRANSLATION/ EDITING / PL 177.50 177.50 591594 9/29/2023 035796 DASBACH, STEFAN 60180418 8/29/2023 CREDIT REFUND 144.00 144.00 591595 9/29/2023 035797 DE POMPA, ANTONIO 60138789 8/28/2023 REFUND OF DEPOSIT 50.00 50.00 591596 9/29/2023 005410 DEIST-BINSFIELD, INC 2143 9/12/2023 BLANKET PURCHASE ORDEF 787.50 2145 9/12/2023 BLANKET PURCHASE ORDEF 892.50 1,680.00
591597 9/29/2023 0027 49 DELTA DENTAL OF CALIFORNBE005695932 8/31/2023 05-0879300000DENTAL CLAlfv 19,731.31 19,731.31 591598 9/29/2023 015290 DELTACARE USA BE005657832 9/1/2023 05-R10220600000 HMO DENT 1,662.43 BE005704113 10/1/2023 05-R10220600000 HMO DENT 1,742.81 3,405.24 591599 9/29/2023 00264 7 DENAULT'S HARDWARE, INC 519556 9/14/2023 HARDWARE & MAINT SUPPL 58 .1 6 519618 9/1 8/2023 HARDWARE & MAINT SUPPL 121 .1 4
519555 9/14/2023 HARDWARE & MAINT SUPPL 11.98
519530 9/13/2023 HARDWARE & MAINT SUPPL 59.81
519531 9/13/2023 HARDWARE & MAINT SUPPL 10.16
519527 9/13/2023 HARDWARE & MAINT SUPPL 223.82
519511 9/1 2/2023 HARDWARE & MAINT SUPPL 130.81
519630 9/19/2023 HARDWARE & MAINT SUPPL 124.07
519647 9/20/2023 HARDWARE & MAINT SUPPL 19.38
519648 9/20/2023 HARDWARE & MAINT SUPPL 61 .06 820.39
Page:3
7 apChklst Final Check List Page: 4
09/27/2023 1:44:44PM SAN CLEMENTE
Bank : citv BANK OF THE WEST (Continued)
Check# Date Vendor Invoice Inv Date Descriotion Amount Paid Check Total 591600 9/29/2023 015986 DESTEFANO, LOUIS 91623 9/16/2023 ADULT SOFTBALL OFFICIAL 120.00 120.00 591601 9/29/2023 0324 75 DMC ENGINEERING 07-23-030 8/31/2023 ENG23-112, 3007 EMINENCIA 170.00 07-23-028 8/31/2023 ENG22-443, 3015 EMINENCIA 307.70
07-23-029 8/31/2023 ENG23-078, 259 VISTA MARIi' 615.40
07-23-027 8/31/2023 ENG22-286, 244 LA RAMBLA 615.40 1,708.50 591602 9/29/2023 019817 DORTON, RANDALL Ref002533615 9/26/2023 UB Refund Cst #004367 92.00 92.00 591603 9/29/2023 009540 DUDEK & ASSOCIATES, INC. 202307226 9/12/2023 12210 - CYPRUS SHORE CM/ 1,120.00 202307224 9/12/2023 LAS BOLAS STORM DRAIN I~ 1,710.00 2,830.00 591604 9/29/2023 035648 DUREE, AIMEE Ref002533619 9/26/2023 UB Refund Cst #091408 17.76 17.76 591605 9/29/2023 035849 DZIUBINSKI, ADAM Ref002533628 9/26/2023 UB Refund est #105765 60.18 60.18 591606 9/29/2023 004177 E STEWART & ASSOC I NC 8442S 9/7/2023 E.STEWART - PRES. WASH. 1 1,600.00 8441S 9/7/2023 SANDBAGS FOR HURRICANE 1,200.00
8443S 9/7/2023 200 STAKES FOR STRAW WI- 175.00 2,975.00 591607 9/29/2023 035587 EHRSTROM,MARY 59988244 8/24/2023 REFUND - CLASS CANCELLE 135.00 135.00 591608 9/29/2023 033608 ELLER, DENNIS 91623 9/16/2023 ADULT SOFTBALL OFFICIAL 120.00 120.00 591609 9/29/2023 035852 ESFAHANI, ATA Ref002533631 9/26/2023 UB Refund Cst #106487 120.00 120.00 591610 9/29/2023 035800 EVANS, CAROLINE 60221969 8/30/2023 CREDIT ON ACCOUNT REFUI 133.00 133.00 591611 9/29/2023 023219 EVANTEC CORPORATION 202302107 9/13/2023 REPLACEMENT OF LAB SAM 6,984.23 202301677 7/12/2023 SUPPLIES 187.92 7,172.1 5
591612 9/29/2023 000026 FEDERAL EXPRESS CORP 8-255-74360 9/15/2023 SHIPPING CHARGES 28.03 28.03 591613 9/29/2023 003673 FERNANDEZ, ELVIA 60138751 8/28/2023 REFUND OF DEPOSIT 50.00 50.00 591614 9/29/2023 035827 FERRARA. STEVEN & ELIZAB B23-17 48 7/10/2023 REFUND OF WMP FEE 250.00 250.00 591615 9/29/2023 035840 FOOTHILUEASTERN TRANSF09182023 9/18/2023 CONSERVATION FEES/ SET 486,214.06 486,214.06 591616 9/29/2023 035242 FULL TRAFFIC MAINTENANCE38153 9/12/2023 CUSTOM SIGNS 714.18 714.18 591617 9/29/2023 012860 FUN EXPRESS, INC. 72644144901 9/15/2023 RECREATION PROGRAM SUI 127.04 127.04 591618 9/29/2023 002662 GANAHL LUMBER CO 020929614 9/14/2023 SUPPLIES/REPAIR PARTS 11.83 11.83 591619 9/29/2023 016376 GCI CONSTRUCTION INC 1145 7/3/2023 VILLAS BY THE SEA STORM I 15,184.68 15,184.68 591620 9/29/2023 024930 GENERAL DATA CO,. INC. - SC0193636 9/19/2023 TONER FOR DESK TOP PRIN 102.39 102.39 591621 9/29/2023 035160 GEOLOGIC ASSOCIATES INC 0263956 9/8/2023 WRP SODIUM HYPOCHLORr 1,212.00 1,212.00 591622 9/29/2023 031385 GEOSYNTEC CONSULTANTS 1423593 9/15/2023 WATER QUALITY MANAGEMI 677.50 1423589 9/15/2023 AGREEMENT FOR PDP & BM 3,937.25 4,614.75 591623 9/29/2023 032612 GIANT CO2 315188 9/8/2023 CHEMICAL SUPPLIES 128.40 315187 9/8/2023 CHEMICAL SUPPLIES 453.65 582.05
591624 9/29/2023 033376 GLOBAL MARKETING & SUBC8543 9/1/2023 MONTHLY JANITORIAL SVC 1,240.85 1,240.85 591625 9/29/2023 025041 GOLDEN BELL PRODUCTS IN 18444 9/13/2023 SEWER MANHOLE INSECT C 11,075.00 11,075.00 Page:4
8 apChkLst Final Check List Page: 5
09/27/2023 1:44:44PM SAN CLEMENTE
Bank : citv BANK OF THE WEST (Continued)
Check# Date Vendor Invoice Inv Date Descriotion Amount Paid Check Total 591626 9/29/2023 001926 GRAINGER, INC, W.W. 9838286137 9/14/2023 HARDWARE/ EQUIPMENT 720.48 9837271395 9/13/2023 HARDWARE/ EQUIPMENT 860.16 1,580.64 591627 9/29/2023 000642 GREAT-WEST TRUST COMPA2024CSCERPUI 8/18/2023 CSCERP PAYMENT 2023/24 C 801,100.00 801,100.00 591628 9/29/2023 005955 GREEK CONCRETE INC 6250 9/4/2023 CONCRETE REPAIRS 4,945.00 6253 9/4/2023 CONCRETE REPAIRS 220.00
6256 9/4/2023 CURB & GUTTER REPAIRS 3,450.00
6260 9/4/2023 CONCRETE REPAIRS 4,813.00 13,428.00
591629 9/29/2023 017866 GREENWOOD, JOHN J 100123 10/1/2023 PARKING LOT LEASE AGREE 350.00 350.00 591630 9/29/2023 001140 HACH COMPANY 13738838 9/14/2023 LAB SUPPLIES 169.17 169.17 591631 9/29/2023 034246 HANSON BRIDGETT LLP 1357550 9/18/2023 FOOTHILL EASTERN TRANSf 900.00 900.00 591632 9/29/2023 023511 HARPER,EVERETT 91623 9/16/2023 ADULT SOFTBALL OFFICIAL 200.00 200.00 591633 9/29/2023 034553 HEWITT, LARISSA 60139025 8/28/2023 REFUND OF DEPOSIT 50.00 50.00 591634 9/29/2023 035845 HOWELL, LIZA Ref002533622 9/26/2023 UB Refund est #095148 112.87 112.87 591635 9/29/2023 017218 ILKHANIPOUR, KHOSROW 091823 9/18/2023 ENGINEERING LUNCHEON 31.00 31 .00 591636 9/29/2023 007033 IMPERIAL SPRINKLER SUPPL0012354573-001 8/22/2023 IRRIGATION SUPPLIES 4.78 0012727722-001 9/18/2023 IRRIGATION SUPPLIES 16.88
0012622162-00L 9/11/2023 IRRIGATION SUPPLIES 104.94
0012641425-001 9/12/2023 IRRIGATION SUPPLIES 28.88
0012644145-001 9/12/2023 IRRIGATION SUPPLIES 123.81
0012702831-001 9/15/2023 IRRIGATION SUPPLIES 108.57
0012697978-001 9/15/2023 IRRIGATION SUPPLIES 108.26
0012581067-001 9/13/2023 IRRIGATION SUPPLIES 228.68
0012669106-001 9/13/2023 IRRIGATION SUPPLIES 323.46
0012686695-00L 9/14/2023 IRRIGATION SUPPLIES 325.50
0012700719-001 9/15/2023 IRRIGATION SUPPLIES 597.87
0012708450-001 9/15/2023 IRRIGATION SUPPLIES 29.17 2,000.80 591637 9/29/2023 022623 JCTEES.COM CORPORATION9040 9/15/2023 FNF FALL 2023 JERSEYS 7,738.27 7,738.27 591638 9/29/2023 034428 JIMENEZ, MEGAN 091223-091523 9/18/2023 TECH TRAINING EXP REIMB. 323.43 323.43 591639 9/29/2023 008609 JOHNSTONE SUPPLY OF SAl\2133486 9/18/2023 SIGNAL SUPPLIES 4,148.91 2134125 9/14/2023 SIGNAL SUPPLIES 1,282.95 5,431.86
591640 9/29/2023 006381 JTB SUPPLY COMPANY, INC 112479 9/21/2023 SIGNAL SUPPLIES 1,886.36 1,886.36 591641 9/29/2023 034637 KIM, Kl BEUM RYAN 091823 9/18/2023 ENGINEERING'S LUNCHEON 31.00 31 .00 591642 9/29/2023 035832 KINDNESS, ANDRE & PATRICIB23-1046 8/10/2023 REFUND OF WMP FEE 250.00 250.00 591643 9/29/2023 001721 KNORR SYSTEMS INT'L LLC 212063 8/31/2023 REPAIR LEAK AT HEATER 1,313.40 212045 8/31/2023 HEATER LEAK REPAIR 1,501.40 2,814.80
Page:5
9 apChklst Final Check List Page: 6
09/27/2023 1 :44:44PM SAN CLEMENTE
Bank : citv BANK OF THE WEST (Continued)
Check# Date Vendor Invoice Inv Date Descriotion Amount Paid Check Total 591644 9/29/2023 020138 KRIEGER ELECTRIC 32931 9/14/2023 INSTALL NEW LIGHT FIXTUR 1,305.00 32932 9/14/2023 REPLACE HAND DRYERS 600.00
32930 9/14/2023 REMOVE & INSTALL NEW LIC 61 1.00 2,516.00 591645 9/29/2023 028732 LACEY JUNE STUDIO 091923 9/19/2023 CONTRACT INSTRUCTOR PA 7,096.60 7,096.60 591646 9/29/2023 010398 LARSON , SANDY 0010055150 9/18/2023 REIMB. FOR SHIPPING CHAF 26.92 26.92 591647 9/29/2023 019816 LGC GEOTECHNICAL INC 01-19796 8/31/2023 GEOTECHNICAL EVALUATIOI 835.00 01-19797 8/31/2023 GEOTECHNICAL EVALUATIOI 802.50
01-19798 8/31/2023 GEOTECHNICAL EVALUATIOI 802.50
01-19794 8/31/2023 CYPRUS SHORE SEWER LIF 3,237.50 5,677.50 591648 9/29/2023 007564 LOWE'S COMPANIES, INC. 83178 9/13/2023 #0333392 SUPPLIES 92.50 972854 7/26/2023 #0333392 SUPPLIES 294.11
85903 9/14/2023 #0333392 SUPPLIES 25.48
87972 9/14/2023 #0333392 SUPPLIES 271 .22
25785 9/18/2023 #0333392 SUPPLIES 33.24
75932 9/11/2023 #0333392 SUPPLIES 92.60
25271 9/13/2023 #0333392 SUPPLIES 124.39
79394 9/12/2023 #0333392 SUPPLIES 36.05
78052 9/11/2023 #0333392 SUPPLIES 27.62 997.21
591649 9/29/2023 035856 MACK, MICHAEL Ref002533635 9/26/2023 UB Refund Cst #106848 99.57 99.57 591650 9/29/2023 032967 MADDUX, TAMMY Ref002533641 9/26/2023 US Refund Cst #081819 20.44 20.44 591651 9/29/2023 035802 MCGIVNEY, NANCY 60146345 8/28/2023 REFUND - CHANGED MIND 127.00 127.00 591652 9/29/2023 035803 MCLAUGHLIN, NATALIE 60138180 8/28/2023 REFUND OF DEPOSIT 50.00 50.00 591653 9/29/2023 035851 MCLEAN, LUKE Ref002533630 9/26/2023 UB Refund Cst #106440 32.79 32.79 591654 9/29/2023 034852 MENDOZA, MARCELA 60138673 8/28/2023 REFUND OF DEPOSIT 50.00 50.00 591655 9/29/2023 030139 MSA SAFETY INCORPORATEl963468326 9/8/2023 SENSORS 2,669.70 2,669.70 591656 9/29/2023 006627 MUNI WATER DIST OF ORAN<2858 8/22/2023 FY 2024 RESIDENTIAL SUPPi 988.91 988.91 591657 9/29/2023 035834 MYERS & SONS CONSTRUCT921916 8/8/2022 DEPOSIT REFUND HYDRANT 775.08 921915 8/8/2022 DEPOSIT REFUND HYDR #19 501.12 1,276.20 591658 9/29/2023 035831 NAUGHTON, DAN PHP23-221 6/28/2023 REFUND FOR WITHDRAWN; 1,260.00 1,260.00 591659 9/29/2023 035828 NAVROZ MEDITERRANEAN GXE3138107BESI 9/1/2023 FOOD - EMPLOYEE WELLNE 1,820.98 1,820.98 591660 9/29/2023 023015 NURSERY PRODUCTS LLC 41051 9/1/2023 TRANSPORT OF BIOSOLIDS 33,999.19 33,999.19 591661 9/29/2023 030289 OCCUPATIONAL HEALTH CTR79473169 7/18/2023 PHYS LEVEL 2, TB TEST, DO" 1,392.00 80440931 9/6/2023 PHYS LEVEL 2, TB TEST, DO" 574.00 1,966.00 Page: 6
1 0
apChkLst Final Check List Page: 7
09/27/2023 1:44:44PM SAN CLEMENTE
Bank : citv BANK OF THE WEST (Continued)
Check# Date Vendor Invoice Inv Date Description Amount Paid Check Total 591662 9/29/2023 001207 ODP BUSINESS SOLUTIONS 1332003467001 9/12/2023 OFFICE SUPPLIES A/C #8983 49.33 332003280001 9/12/2023 OFFICE SUPPLIES A/C #8983 44.45
327733996001 9/8/2023 OFFICE SUPPLIES A/C #8983 191.78
327660707001 9/7/2023 OFFICE SUPPLIES A/C #8983 33.98
330805814001 9/8/2023 OFFICE SUPPLIES A/C #8983 300.56
330805056001 9/8/2023 OFFICE SUPPLIES A/C #8983 6.45 626.55 591663 9/29/2023 025959 OMNI ENTERPRISE INC CSC0918 9/20/2023 JANITORIAL SERVICES 500.00 CSC89231 9/13/2023 JANITORIAL SERVICES 310.00
CSC89232 9/13/2023 JANITORIAL SERVICES 500.00
CSC89233 9/13/2023 JANITORIAL SERVICES 5,520.00
CSC89234 9/13/2023 JANITORIAL SERVICES 1,000.00
CSC89235 9/13/2023 JANITORIAL SERVICES 240.00 8,070.00
591664 9/29/2023 008563 ONESOURCE DISTRIBUTORSS7309101.001 9/18/2023 SUPPLY 442.03 S7289457.003 9/11/2023 SUPPLY 32.18
S7298397.002 9/12/2023 SUPPLY 707.12
S7297924.001 9/12/2023 SUPPLY 2,219.73
S7303202.001 9/12/2023 SUPPLY 3,473.68
S7303203.001 9/12/2023 SUPPLY 3,473.68
S7303204.001 9/12/2023 SUPPLY 3,473.68
S7303205.001 9/12/2023 SUPPLY 3,473.68
S7299406.003 9/15/2023 SUPPLY 101.82 17,397.60
591665 9/29/2023 035377 ONTRACK PROMOTIONS 10597 9/8/2023 SWEATSHIRTS AND HATS 687.45 10600 9/12/2023 SKATE CONTEST PARTICIPAI 953.59 1,641.04 591666 9/29/2023 001086 ORANGE COUNTY TREAS/TAPW240234 9/5/2023 CONTRACT - WATER QUALIT 1,559.83 1,559.83 591667 9/29/2023 020253 O'REILLY AUTO PARTS 2676-284628 9/12/2023 PARTS 234.23 234.23 591668 9/29/2023 020153 PACIFIC ADVANCED CIVIL EN 7652 8/31/2023 ENGINEERING DESIGN SER\ 318.90 318.90 591669 9/29/2023 001854 PACIFIC MECHANICAL SUPPL5367636BAL 8/3/2023 TAX AND SHIPPING 95.71 95.71 591670 9/29/2023 028554 PAGE, JENNIFER Ref002533465 9/25/2023 US Refund Cst #022467 826.64 826.64 591671 9/29/2023 035858 PALACIOS, KIM Ref002533638 9/26/2023 US Refund est #107686 38.14 38.14 591672 9/29/2023 008603 PAPE MATERIAL HANDLING lt6645818 9/10/2023 MAINTENANCE SERVICE 182.25 182.25 591673 9/29/2023 027520 PATIO GUYS 39608 8/3/2023 REFINISH OF SCAC DECK FL 2,489.1 8 2,489.18 591674 9/29/2023 009583 PAYFLEX SYSTEMS USA INC 100576-187382~ 9/10/2023 ADM IN FEES HEALTH/ DEP C 200.76 200.76 591675 9/29/2023 035844 PERRYMAN, JACOB Ref002533621 9/26/2023 US Refund Cst #093788 233.42 233.42 591676 9/29/2023 035837 PERUCCA,TERRY E21-0276 7/28/2021 REFUND OF CASH BOND DE 88,568.00 88,568.00 Page:7
1 1
apChkLst Final Check List Page: 8
09/27/2023 1:44:44PM SAN CLEMENTE
Bank : citv BANK OF THE WEST (Continued)
Check# Date Vendor Invoice Inv Date Descriotion Amount Paid Check Total 591677 9/29/2023 035750 PICKET FENCE MEDIA 84FA23BA-0011 9/6/2023 CITY LEGAL ADS NOTICE 124.06 84FA23BA-0012 9/6/2023 CITY LEGAL ADS NOTICE 146.86 270.92 591678 9/29/2023 035855 PIERCE, TAYLOR Ref002533634 9/26/2023 UB Refund est #106844 108.42 108.42 591679 9/29/2023 016440 PIONEER AMERICAS LLC 107900322629 9/11/2023 SUPPLY & DELIVERY OF SO[ 10,848.45 10,848.45 591680 9/29/2023 019735 PLAYPOWER LT FARMINGTOl1400274924 9/13/2023 EQUIPMENT/HARDWARE 2,970.36 2,970.36 591681 9/29/2023 030920 PLEY, AMY Ref002533618 9/26/2023 UB Refund Cst #090521 7.40 7.40 591682 9/29/2023 035847 PLIER, KRISTOPHER Ref002533626 9/26/2023 us Refund est #099489 92.13 92.13 591683 9/29/2023 008613 POL YDYNE, INC 1771232 9/13/2023 SUPPLY & DELIVERY OF POL 19,405.34 19,405.34 591684 9/29/2023 014556 PONSEN, ZACHARY 091823 9/18/2023 ENGINEERING'S LUNCHEON 31.00 31.00 591685 9/29/2023 033634 PRIDESTAFF INC 301698538 9/10/2023 GOLF COURSE GROUNDS Kl 3,189.60 3,189.60 591686 9/29/2023 003616 PRUDENTIAL OVERALL SUPP132211377 9/19/2023 1372603 UNIFORMS RENTAL 32.57 132211392 9/19/2023 1273601 UNIFORMS RENTAL 60.44
132211391 9/19/2023 1273604 UNIFORMS RENTAL 27.26 120.27 591687 9/29/2023 035122 PSI WATER TECHNOLOGIES INV0006571 11/7/2022 PARTS - ELECTRODE / CONl 1,335.35 1,335.35 591688 9/29/2023 032629 QUANTUM ANALYTICAL SVC~23529 9/15/2023 COMPOUND ANALYSIS 250.00 250.00 591689 9/29/2023 000267 R & R INDUSTRIES, INC 652984 9/12/2023 CITY APPAREL 323.90 323.90 591690 9/29/2023 003033 RALPHS GROCERY CO 068995 9/20/2023 BPR A/C # E10007 4.00 4.00 591691 9/29/2023 034177 REAL ESTATE CONSULTING 17443 9/15/2023 REC&S - CITY TRAIL MAINT (: 80.00 17442 9/15/2023 REC&S - CITY TRAIL MAINT (: 80.00
17444 9/15/2023 REC&S - CITY TRAIL MAINT (: 1,950.00 2,110.00 591692 9/29/2023 035857 REAL PROPERTY MANAGEMERef002533637 9/26/2023 UB Refund Cst #107532 73.00 73.00 591693 9/29/2023 035414 RECEIVERSHIP ESTATE OF T100123 10/1/2023 PARKING LOT LEASE AGREE 350.00 350.00 591694 9/29/2023 035210 REESE, CURTIS 91623 9/16/2023 SOFTBALL OFFICIAL PAYMEt 240.00 240.00 591695 9/29/2023 012305 REID, ALEXANDRA S 091823 9/18/2023 CONTRACT INSTRUCTOR PA 8,164.80 8,164.80 591696 9/29/2023 035859 RE-IMAGINE LLC Ref002533639 9/26/2023 UB Refund Cst #086819 58.56 58.56 591697 9/29/2023 000207 ROD'S TREE SERVICE INC 120-142-23 9/20/2023 TREE WORK 4,050.00 4,050.00 591698 9/29/2023 004180 S & S WORLDWIDE I N101261486 9/7/2023 ART SUPPLIES 351.16 351.16 591699 9/29/2023 000768 SAN CLEMENTE CITY WATER090823 9/8/2023 WATER SERVICE 121 ,745.37 121 ,745.37 591700 9/29/2023 00117 4 SAN DIEGO GAS & ELECTRIC091823 9/18/2023 0035968576381 DISTRIBUTIO 34,935.48 34,935.48 Page: 8
1 2
apChkLst Final Check List Page: 9
09/27/2023 1:44:44PM SAN CLEMENTE
Bank : citv BANK OF THE WEST (Continued)
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 591701 9/29/2023 009896 SANTA MARGARITA WATER C000940050-457!: 9/12/2023 WATER SERVICES #0011401 74.11 000940050-4484 9/12/2023 WATER SERVICES #0011401 1,292.05 001140130-5112 9/12/2023 WATER SERVICES #0011401~ 193.98 001140130-5029 9/12/2023 WATER SERVICES #0011401~ 1,401.17 001140130-5231 9/12/2023 WATER SERVICES #0011401~ 704.29 001140130-5230 9/12/2023 WATER SERVICES #0011401~ 91.73 001140130-5230 9/12/2023 WATER SERVICES #0011401~ 130.90 3,888.23 591702 9/29/2023 035843 SANTOS, ALEX Ref002533620 9/26/2023 UB Refund Cst #091645 17.19 17.19 591703 9/29/2023 035829 SEAWORLD PARKS & ENT IN<92611492 6/30/2023 GUST #34953 FIELD TRIP 6/71 2,268.00 92613653 9/12/2023 GUST #34953 FIELD TRIP 6/7/ 280.00 2,548.00 591704 9/29/2023 035854 SEO, JINWON Ref002533633 9/26/2023 US Refund est #106580 30.51 30.51 591705 9/29/2023 035846 SHIN, NANCY Ref002533625 9/26/2023 UB Refund Cst #098504 69.13 69.1 3 591706 9/29/2023 002196 SIERRA ANALYTICAL LABS, ll\3H24019 8/24/2023 WRP TREATMENT WATER Ql 5,065.00 5,065.00 591707 9/29/2023 002431 SMART & FINAL IRIS, INC. 154399 9/20/2023 ACCT #60124600010399088 29.64 29.64 591708 9/29/2023 035838 SMITH, DON R Ref002533331 9/22/2023 UB Refund Cst #009834 4,582.49 4,582.49 591709 9/29/2023 002755 SOUTH COAST DISTRIBUTIN<303269 9/13/2023 SUPPLIES 91.48 91.48 591710 9/29/2023 033873 SOUTH COAST REFEREE AS:92023 9/20/2023 ADULT SOCCER OFFICIALS 500.00 500.00 591711 9/29/2023 000208 SOUTHERN COUNTIES FUEL:2475159-IN 9/14/2023 FUEL FOR CYPRUS SHORE F 1,925.42 1,925.42 591712 9/29/2023 035824 SPRINGER, THOMAS B SC500502 1/13/2023 CITATION REFUND 43.00 43.00 591713 9/29/2023 003563 STANDARD INSURANCE 09142023 10/1/2023 VOLUNTARY LIFE INSURANC 70.25 70.25 591714 9/29/2023 014098 STANDARD INSURANCE OCT23 10/1/2023 INSURANCE 7,514.09 7,514.09 591715 9/29/2023 035807 STEINGRAF, ROBIN 60138997 8/28/2023 REFUND OF DEPOSIT 50.00 50.00 591716 9/29/2023 015005 STINETT, JENNIFER 073023 7/30/2023 WELLNESS PROGRAM REIM 50.00 50.00 591717 9/29/2023 030002 STOLLENWERK, CATHY Ref002533640 9/26/2023 UB Refund Cst #017860 67.57 67.57 591718 9/29/2023 025058 STOTZ EQUIPMENT P92145 9/12/2023 SPLINED COUPLING 247.89 247.89 591719 9/29/2023 035850 SUN , CALLIE Ref002533629 9/26/2023 UB Refund Cst #106245 77.20 77.20 591720 9/29/2023 011594 SUNRISE MARTIAL ARTS INC 591341 9/15/2023 REFUND BUSINESS LICENSE 25.80 25.80 591721 9/29/2023 026425 TAYLOR, WILLIAM D 100123 10/1/2023 PARKING LOT LEASE AGREE 166.66 166.66 591722 9/29/2023 019220 THE ADVANTAGE GROUP 161416 8/31/2023 COBRAADMINISTRATION 219.45 219.45 591723 9/29/2023 032785 THE FRANK HC NAM BYPASS100123 10/1/2023 PARKING LOT LEASE AGREE 800.00 800.00 591724 9/29/2023 003436 TONY'S LOCKSMITH 42943 9/13/2023 KEYS FOR JANITORIAL 43.10 42945 9/13/2023 GOLF KEYS 49.53
43866ES 8/1 7/2023 PADLOCKS FOR CITY WI DE J 2,022.30 2,114.93 591725 9/29/2023 030352 TREA CALLE DEL CERRO LLCRef002533624 9/26/2023 UB Refund est #097793 160.80 160.80 Page: 9
1 3
apChkLst Final Check List Page: 10
09/27/2023 1:44:44PM SAN CLEMENTE
Bank : city BANK OF THE WEST (Continued)
Check# Date Vendor Invoice Inv Date Descriotion Amount Paid Check Total 591726 9/29/2023 003567 TRENCH SHORING CO, INC Rl20324088 8/15/2023 CONCRETE K-RAIL / CYPRU~ 474.00 Rl20332269 9/12/2023 CONCRETE K-RAIL/ CYPRU~ 474.00 948.00 591727 9/29/2023 033361 UNDERGROUND SOLUTIONS7562 9/7/2023 STANDYBY GENERATOR & E 7,332.00 7,332.00 591728 9/29/2023 029845 UNITED BLDG & DEVELPMT ~1396 9/14/2023 INSTALL ADA SWING 405.00 1404 9/20/2023 LIBERTY PK- REMOVE META 270.00
1403 9/20/2023 TALEGA PK - INSTALL SPINNI 405.00 1,080.00 591729 9/29/2023 034241 UNSUNG STUDIO LLC 3072 8/3/2023 FLAG FOOTBALUADULT SPC 5,000.00 5,000.00 591730 9/29/2023 001190 USA BLUE BOOK INV00128990 9/11/2023 SUPPLIES 1,855.13 1,855.13 591731 9/29/2023 027223 UTILITY SYSTEMS SCIENCE ICOSC 071723-· 9/15/2023 CALIBRATION SERVICE 1,115.00 1,11 5.00 591732 9/29/2023 018565 VECCHIO REAL ESTATE Ref002533636 9/26/2023 UB Refund Cst #107186 15.85 15.85 591733 9/29/2023 035848 VEGA, LUZ Ref002533627 9/26/2023 UB Refund Cst #104455 79.17 79. 17 591734 9/29/2023 035842 VMT NATURAL BEAUTY INC Ref002533617 9/26/2023 UB Refund Cst #089359 35.50 35.50 591735 9/29/2023 001965 VORTEX INDUSTRIES INC 09-1699316 8/28/2023 REPAIRS TO CY GATE 1,145.12 09-1700097 8/31/2023 REPAIRS TO CH AUTOMATIC 850.00 1,995.12 591736 9/29/2023 003374 VULCAN MATERIALS COMPAl73770739 9/11/2023 PAVING MATERIALS 309.13 309.13 591737 9/29/2023 002324 WALTERS WHOLESALE ELECS123948330.001 9/14/2023 MISC PARTS 219.72 S123948330.00~ 9/14/2023 MISC PARTS 759.01
S123960629.001 9/18/2023 MISC PARTS 118.70
S122518986.001 8/28/2023 MISC PARTS 4,958.53
S123803796.001 8/28/2023 MISC PARTS 1,550.77
S123134901 .001 8/28/2023 MISC PARTS 3,879.00
S123904428.001 9/8/2023 MISC PARTS 3,227.64
S123813521 .001 8/28/2023 MISC PARTS 1,391.98
S 123904428. 00~ 9/11/2023 MISC PARTS 137.06
S123904428.00~ 9/13/2023 MISC PARTS 716.19 16,958.60
Page: 10
1 4
apChkLst Final Check List Page: 11
09/27/2023 1:44:44PM SAN CLEMENTE
Bank : citv BANK OF THE WEST (Continued)
Check# Date Vendor Invoice Inv Date Description Amount Paid Check Total 591738 9/29/2023 003356 WATERLINE TECHNOLOGIES 5616877 1/12/2023 CREDIT WAS TAKEN TWICE 301 .69 5652495 9/12/2023 HYPOCHLORITE SOLUTION::: 2,981.91
5648417 8/18/2023 DELIVERY OF SODIUM HYPE 869.28
5648415 8/18/2023 DELIVERY OF SODIUM HYPE 261.83
5648418 8/18/2023 DELIVERY OF SODIUM HYPE 937.36
5649767 8/28/2023 DELIVERY OF SODIUM HYPE 659.82
5649676 8/25/2023 DELIVERY OF SODIUM HYPE 261 .83
5649765 8/28/2023 DELIVERY OF SODIUM HYPE 801 .21
5651043 9/1/2023 DELIVERY OF SODIUM HYPE 832.63
5651042 9/1/2023 DELIVERY OF SODIUM HYPE 848.34
5652768 9/13/2023 CHEMICAL PUMP PARTS 1,672.73 10,428.63 591739 9/29/2023 035721 WB XCEL HOLDINGS LLC IN00023727 7/25/2023 WATER SAFETY INSTRUCTO 100.58 100.58 591740 9/29/2023 032472 WEST COAST ARBORISTS, 11\204244 8/31/2023 WCA-TREE MNT. SVCS. SUI 3,348.00 204245 8/31/2023 WCA-TREE MNT. SVCS. SUI 42,130.13 45,478.13 5917 41 9/29/2023 019468 WESTWIND SAILING, LLC 091923 9/19/2023 CONTRACT INSTRUCTOR PA 14,584.80 14,584.80 5917 42 9/29/2023 003389 WHITE CAP CONSTRUCTION 50023730690 9/14/2023 CONSTRUCTION SUPPLY 375.26 375.26 591743 9/29/2023 001131 WHITE, EILEEN BERNADETTESCPC-08-2023 9/5/2023 PROFESSIONAL SERVICES 715.00 715.00 5917 44 9/29/2023 033532 WHITE, JENNA 60139062 8/28/2023 REFUND OF DEPOSIT 50.00 50.00 5917 45 9/29/2023 027096 WINCAN LLC 8070 9/7/2023 ANNUAL SERVICE SUPPORT 1,500.00 1,500.00 5917 46 9/29/2023 000870 WITTMAN ENTERPRISES, LLC2308023 9/10/2023 Ambulance Billi no Services for 12,068.13 12,068.13 591747 9/29/2023 011451 XYLEM DEWATERING SOLUT401267624 7/24/2023 SUB-PRIME GST 10 SUBMER 2,768.45 2,768.45 Sub total for BANK OF THE WEST: 2,599,104.39
Page: 11
1 5
apChkLst
09/27/2023 1 :44:44PM
199 checks in this report.

Final Check List

SAN CLEMENTE
Page: 12
Grand Total All Checks: 2,599, 104.39
Page: 12
1 6
City of San Clemente
Summary of Large Dollar Warrants
Wire# Date Vendor/Payee Purpose Amount
2928 9/29/2023 CalPERS PERS Contributions for Misc Plan (PP 09/22/2023) 102,017.32 Check# Date Vendor/Payee Purpose Amount
591556 9/29/2023 Alliance Diversified Casa Romanica Emergency Stabilization Slope work 349,364.40 591457 9/29/2023 Foothill/Eastern Transportation Conservation Fees and Settlement for Attorney 486,214.06 591627 9/29/2023 Great-West Trust Company CSCERP Payment 2023/24 Contribution 801,100.00 591699 9/29/2023 San Clemente City Water Service Water Service for month 121,745.37 Agenda Item: 7D
ORDINANCE NO. 1760

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, AMENDING SECTION

12.28.030 OF THE SAN CLEMENTE MUNICIPAL CODE

RELATING TO TENTS IN CITY PARKS AND BEACHES, AND

FINDING THE ORDINANCE EXEMPT FROM THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT
WHEREAS, the City, by virtue of the police powers delegated to it by the California Constitution, is authorized to adopt policies to promote the health, safety, and general welfare of its residents; and
WHEREAS, as a matter of public safety, numerous coastal California cities regulate the various types of "easy-up" devices and tent-style structures that may be used at city parks and/or beaches; and
WHEREAS, at City parks and beaches, numerous individuals have erected and continue to erect tents, lodges, shelters, and/or structures with fabric sides that either partially or completely enclose the covering; and
WHEREAS, structures with enclosed coverings constitute a danger to public safety as they prevent Orange County Sheriff Department officers and other public safety personnel from observing all areas of City parks and beaches, including any illegal activity inside the enclosed structures, such as alcohol consumption, weapons violations, or drug use; and
WHEREAS, these structures also can take up considerable space within the park and beach areas that could otherwise be used by others; and WHEREAS, for the reasons enumerated above, the adoption and enactment of this Ordinance is necessary for the preservation of public health and safety, and the prevention of greater health, welfare, and safety risks as documented in the agenda report presented to the City Council in connection with this ordinance; and WHEREAS, a properly noticed public hearing was held where the City Council received and considered public testimony regarding this ordinance.

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

Section 1. Incorporation of Recitals. The recitals above are true and correct and are hereby incorporated as findings as if fully set forth herein.

Section 2. CEQA. The City Council finds that this Ordinance is not a “project” as defined under the California Environmental Quality Act (CEQA). This Ordinance 1 Ordinance No.1760 Page 2
does not qualify as a project because it lacks the potential to result in a direct or reasonably foreseeable indirect physical change to the environment (State CEQA Guidelines, § 15378, subd. (a)). The language of this Ordinance merely refines existing rules concerning the use of tents, lodges, shelters, and similar structures in city parks and beaches. Alternatively, the City Council finds that this Ordinance is exempt from CEQA review under the "common sense" exemption specified in State CEQA Guidelines section 15061, subdivision (b)(3). This exemption applies when "it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment." In this case, it is evident that the Ordinance will not have a significant environmental impact as it serves to clarify existing rules governing the use of such structures in public spaces.

Section 3. Code Amendment. Section 12.28.030 of the San Clemente Municipal Code is hereby amended to read in its entirety, as follows (added language is underlined):
"Section 12.28.030 - Tents in City Parks and Beaches”
“Notwithstanding any other section of this Code, it shall be unlawful for any person to erect, maintain, use, or occupy any tent, lodge, shelter, or structure in any park or beach area in the City, unless the tent, lodge, shelter, or structure has two sides open and there is an unobstructed view of the interior from the outside on at least two sides." Section 4. Publication. The City Clerk shall certify to the adoption of this ordinance by the City Council and cause it, or a summary of it, to be published once within 15 days of adoption in a newspaper of general circulation printed and published within the City of San Clemente, and shall post a certified copy of this ordinance, including the vote for and against the same, in the Office of the City Clerk in accordance with California Government Code section 36933.

Section 5. Records. The documents and materials associated with this ordinance that constitute the record of proceedings on which the City Council’s findings and determinations are based are located at City Hall, 910 Calle Negocio, San Clemente, CA 92673.

Section 6. Severability. If any provision of this ordinance or its application to any person or circumstance is held invalid, such invalidity has no effect on the other provisions or applications of the ordinance that can be given effect without the invalid provision or application, and to this extent, the provisions of this ordinance are severable. The City Council declares that it would have adopted this ordinance irrespective of the invalidity of any portion thereof.

Section 7. Effective Date. This Ordinance shall become effective 30 days after its adoption.
2 Ordinance No.1760 Page 3
APPROVED AND ADOPTED this ____ day of _______________, 2023.

ATTEST:
_______________________________ ___________________________ 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. 1760 having been regularly introduced at the meeting of _______________, 2023, 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 ____, 2023, 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 ____________, 2023. __________________________
CITY CLERK of the City of
San Clemente, California
APPROVED AS TO FORM:
_______________________________
Elizabeth A. Mitchell, CITY ATTORNEY
3 ORDINANCE NO. 1761

AN ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF SAN CLEMENTE, CALIFORNIA,
AMENDING CHAPTER 2.28 OF THE MUNICIPAL

CODE OF THE CITY OF SAN CLEMENTE,

RELATING TO THE BEACHES, PARKS AND
RECREATION COMMISSION AND CHAPTER 2.45

RELATING TO THE ARTS AND CULTURE

COMMITTEE
WHEREAS, at its meeting of September 14, 2023, the San Clemente City Council expressed the desire to change the Arts and Culture Committee from five to seven members and to update the responsibilities of the Committee to include feasibility of an amphitheater.

WHEREAS, with the establishment of the Coastal Advisory Committee, changes to the Beaches, Parks and Recreation Commission duties have been made; WHEREAS, these changes require amendments and additions to the San Clemente Municipal Code (SCMC); and
WHEREAS, the City Council introduced and conducted a first reading of the ordinance at its regular meeting of October 3, 2023 and considered any public input provided at that time; and
WHEREAS, updating the SCMC is in the City’s and public’s best interest.

NOW, THEREFORE, the City Council of the City of San Clemente, California, hereby ordains as follows:

Section 1: Chapter 2.28 of the SCMC, relating to the Beaches, Parks and Recreation Commission, is hereby modified to read in its entirety as set forth in Exhibit A attached hereto and incorporated fully herein (underlines are additions and strikethroughs are deletions).

Section 2: Chapter 2.45, relating to the creation of an Arts and Culture Committee, is hereby is hereby modified to read in its entirety as set forth in Exhibit B attached hereto and incorporated fully herein (underlines are additions and strikethroughs are deletions). .

Section 3: If any section, subsection, subdivision, paragraph, sentence, clause or phrase added by this Ordinance, or any part thereof, is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this 1 Agenda Item: 7E
Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more subsections, subdivisions, paragraphs, sentences, clauses or phrases are declared unconstitutional, invalid or ineffective.

Section 4. This Ordinance shall become effective on November 16, 2023.

Section 5. Upon this Ordinance becoming effective, all previous Ordinances and Resolutions that are inconsistent herewith are hereby repealed to the extent of such inconsistency.

Section 6. The City Clerk shall certify to the adoption of this ordinance and cause it, or a summary thereof, to be published once within fifteen (15) days of adoption in a newspaper of general circulation printed and published within the City of San Clemente, and shall post a certified copy of this ordinance, including the vote for and against the same, in the Office of the City Clerk in accordance with California Government Code Section 36933.

APPROVED AND ADOPTED this _____day of _________________, ________.

ATTEST:
_______________________________ ___________________________ City Clerk of the City of Mayor of the City of
San Clemente, California San Clemente, California
2 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.1761, having been regularly introduced at the meeting of _____________________, 2023, 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
3 EXHIBIT A
CHAPTER 2.28 - BEACHES, PARKS AND RECREATION COMMISSION

2.28.010 - Establishment of the Beaches, Parks and Recreation Commission; composition; appointment of members.

There is established a Beaches, Parks and Recreation Commission which shall consist of seven San Clemente citizens appointed by the City Council. It is preferred that two members of the Beaches, Parks and Recreation Commission possess expertise in ocean water quality and/or beach environmental stewardship.

2.28.020 Function.

The Beaches, Parks and Recreation Commission's functions and duties are to:

A. Act in an advisory capacity to the City Council in all matters pertaining to parks, beaches, recreation ,and parkways, street trees and coastal issues, including ocean and beach quality;
B. Provide feedback on projects to be considered during Consider the annual budget for parks, beaches, recreation, parkways, street trees and coastal issues during the preparation of the annual budget and make recommendations with respect thereto to the City Council and the City Manager;
C. Assist in the planning of parks and support the coordination of recreation programs for the public, promote and stimulate public interests therein, and to that end solicit, to the fullest extent possible, the cooperation of all public and private agencies interested therein;
D. Evaluate and review park development plans of the City; E. Develop an annual work plan with specific goals and objectives for the coming year, The work plan, with recommendations, shall be submitted to the City Council no later than October 1 of each year. The plan shall be submitted in written form for approval at a City Council meeting. Any amendments to the work plan shall require Council approval;
F. Limit meetings to three hours unless otherwise approved by a majority vote of the Commission plus the concurrence of the primary staff support to the Commission; and
G. Perform such other duties as may be prescribed by the City Council. (Prior code § 2A-3.7)
4 2.28.030 Beaches, Parks and Recreation Commission—Term of office.

The terms of office of members of the Beaches, Parks and Recreation Commission shall be for two years from July 1st to June 30th of the second following year, and with such terms staggered so that four Commissioners are appointed in even-numbered years and three Commissioners are appointed in odd-numbered years. Annually, at the first meeting after the newly appointed Commission members assume office in July, the Commission shall select a chair and vice-chair from among its members, No less than 60 days prior to the expiration of terms, the City Clerk shall notify the City Council of the forthcoming vacancies and the City Council shall make the necessary appointments prior to the expiration of the terms. In the event the City Council does not make the necessary appointments prior to the expiration of the terms, existing members with expiring terms shall continue to serve as Beaches, Parks and Recreation Commissioners until successors are appointed by the City Council and assume office. (Ord. 1178 § 1 (part), 1996: prior code § 2A-3.2)

2.28.040 Meetings—Attendance.

The Beaches, Parks and Recreation Commission shall hold meetings bi-monthly (every two months) in accordance with the rules of procedure to be enacted and recorded in a book of official proceedings. The location, dates, time and organization of Beaches, Parks and Recreation Commission meetings shall be established by resolution of the Beaches, Parks and Recreation Commission. Any member of the Beaches, Parks and Recreation Commission who is absent from two consecutive regular meetings of the Beaches, Parks and Recreation Commission, without furnishing to the City Clerk a certificate of illness from a duly practicing physician, or without the authorization of the Beaches, Parks and Recreation Commission to be absent from two consecutive regular meetings for good cause, shall, as a result, surrender his or her office on the Beaches, Parks and Recreation Commission and the office shall be considered vacant.
(Prior code § 2A-3.3)

2.28.050 Filling of vacancies—Removal of members.

Any vacancy occurring in the office of a member of the Beaches, Parks and Recreation Commission shall be filled in the same manner as the original appointment, and a successor shall hold office for the unexpired portion of the term of his or her predecessor. Each member of the Beaches, Parks and Recreation Commission shall serve at the pleasure of the City Council and may be removed from office with or without cause during his or her term in office by a majority vote of all members of the City Council.
(Prior code § 2A-3.4)
5 2.28.060 Voting power of members.

The members of the Beaches, Parks and Recreation Commission shall each have one vote on any matter pending before the commission.
(Prior code § 2A-3.5)

2.28.070 Commission subject to state law, etc.

The Beaches, Parks and Recreation Commission shall be subject to the rules and regulations regarding the conduct of meetings under state and city law and to the provisions of this Code and any other ordinance of the City. (Prior code § 2A-3.6)
6 EXHIBIT B
Chapter 2.45 ARTS & CULTURE COMMITTEE

2.45.010 Establishment of the Arts & Culture Committee; composition; appointment of members.

There is established an Arts and Culture Committee which shall consist of five seven San Clemente citizens appointed by the City Council and shall be actively involved in the arts.

2.45.020 Function.

The Arts and Culture Committee’s functions and duties are to:

A. Act in an advisory capacity to the City Council in all matters pertaining to the arts and cultural program including the feasibility of an amphitheater in San Clemente, developing and making recommendations on arts acquisition and proposals for art works for public buildings and public spaces; B. Recommend rules and regulations necessary for the administration, preservation, and perpetuation of fine arts, performing arts, and aesthetic aspects of the community and make recommendations with respect thereto to the City Council and the City Manager;
C. Elevate arts and cultural events and programming in San Clemente by providing direction and support for continued development and presentation of a variety of arts in the city; foster the inclusion of arts and cultural aspects in local events;
D. Evaluate and review arts and culture plans of the City; E. Develop an annual work plan with specific goals and objectives for the coming year. The work plan, with recommendations, shall be submitted to the City Council no later than October 1 of each year. The plan shall be submitted in written form for approval at a City Council meeting. Any amendments to the work plan shall require Council approval;
F. Limit meetings to three hours unless otherwise approved by a majority vote of the Commission plus the concurrence of the primary staff support to the Commission.

G. Perform such other duties as may be prescribed by the City Council.

2.45.030 Arts and Culture Committee —Term of office.

The terms of office of members of the Arts and Culture Committee shall be for two years from July 1st to June 30th of the second following year, and with such terms staggered so that three Committee members are appointed in even-numbered years 7 Created: 2023-05-08 13:20:20 [EST]
(Supp. No. 59, Update 1)

Page 8 of 9 ends

and two Committee members are appointed in odd-numbered years. Annually, at the first meeting after the newly appointed Committee members assume office in July, the Committee shall select a chair and vice-chair from among its members, No less than 60 days prior to the expiration of terms, the City Clerk shall notify the City Council of the forthcoming vacancies and the City Council shall make the necessary appointments prior to the expiration of the terms. In the event the City Council does not make the necessary appointments prior to the expiration of the terms, existing members with expiring terms shall continue to serve as Arts and Culture Committee members until successors are appointed by the City Council and assume office.

2.45.040 Meetings—Attendance.

The Arts and Culture Committee shall hold meetings bi-monthly (every two months) in accordance with the rules of procedure to be enacted and recorded in a book of official proceedings. The location, dates, time and organization of Arts and Culture Committee meetings shall be established by resolution of the Arts and Culture Committee. Any member of the Arts and Culture Committee who is absent from two consecutive regular meetings of the Arts and Culture Committee, without furnishing to the City Clerk a certificate of illness from a duly practicing physician, or without the authorization of the Arts and Culture Committee to be absent from three consecutive regular meetings for good cause, shall, as a result, surrender his or her office on the Arts and Culture Committee and the office shall be considered vacant.

2.45.050 Filling of vacancies—Removal of members.

Any vacancy occurring in the office of a member of the Arts and Culture Committee shall be filled in the same manner as the original appointment, and a successor shall hold office for the unexpired portion of the term of his or her predecessor. Each member of the Arts and Culture Committee shall serve at the pleasure of the City Council and may be removed from office with or without cause during his or her term in office by a majority vote of all members of the City Council.

2.45.060 Voting power of members.

The members of the Arts and Culture Committee shall each have one vote on any matter pending before the commission.
8 2.45.070 Commission subject to state law, etc.

The Arts and Culture Committee shall be subject to the rules and regulations regarding the conduct of meetings under state and city law and to the provisions of this Code and any other ordinance of the City.
9 910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING

CITY OF SAN CLEMENTE
Meeting Date: October 17, 2023 Agenda Item: 7F
Department: Community Development
Prepared By: Lisa Edone, Human Affairs Committee Chair
Subject:

CONSIDERATION OF A RESOLUTION APPROVING THE HUMAN AFFAIRS COMMITTEE FISCAL YEAR 2023-2024 WORK PLAN, APPROVING A SUPPLEMENTAL APPROPRIATION OF $7,000, AND

DETERMINING THAT THE WORK PLAN ACTIVITIES ARE CATEGORICALLY EXEMPT FROM THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT
Fiscal Impact:

The work plan proposes three items that were not budgeted in the approved FY 2023-2024 budget. The recommended action includes appropriating $3,500 for the Community Resource Fair, $2,500 for the Updating Resource Registry Project, and $1,000 for the Dorothy Visser Senior Center Improvements Project, which would consist of interior painting.

Summary:

Pursuant to Council’s direction, the Human Affairs Committee is required to develop and submit an annual work plan with specific goals and objectives for the coming year for City Council approval. Before the City Council is consideration of the Human Affairs Committee’s FY 2023- 2024 work plan approved by the Committee at their September meeting. At the October 3, 2023 City Council meeting, Council directed the Committee to include solutions to address homelessness in their workplan. However, this direction was received after the Human Affairs Committee had prepared their work plan for City Council consideration. While the Council direction is not reflected in the work plan prepared by the Committee, per Council action, the Human Affairs Committee workplan is to include solutions to address homelessness.

Background:

The Human Affairs Committee was established to act in an advisory capacity to the City Council in all matters pertaining to human needs, including homelessness, within the City of San Clemente. Attached is the FY 2023-2024 Human Affairs Committee’s Proposed Work Plan for City Council consideration. As noted above, on October 3, 2023 the Council directed the Committee to include solutions to address homelessness in their workplan. However, this direction was provided after the Human Affairs Committee had prepared their work plan for City Council consideration. Per Council direction, the Human Affairs Committee workplan is to include solutions to address homelessness.

Council Options:
 Adopt Resolution No. 23-116, which would approve the FY 2023-2024 Work Plan, with the added item to include in the plan solutions to address homelessness, approve a supplemental appropriation of $7,000 to Account No. 001-435-44420, and determine that the activities in the FY 2023-2024 Work Plan are exempt from the California Environmental Quality Act (CEQA).
1 Meeting Date: October 17, 2023 Agenda Item: 7F

CITY OF SAN CLEMENTE
 Modify and adopt Resolution No. 23-116 with changes to the FY 2023-2024 Work Plan.  Continue the item with direction to provide additional information.  Do not approve the FY 2023-24 Work Plan.

Environmental Review/Analysis:

An environmental analysis has been conducted on all items on the Human Affairs Committee’s FY 2023-2024 Work Plan and all activities have been determined not to be exempt from CEQA.

Pursuant to CEQA Guidelines Section 15060(c)(2), an activity is not subject to CEQA if the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment (14 CCR § 15060).

The below table summarizes the work plan items and recommended CEQA findings for each item:

ITEM CEQA FINDING
Community Resource Fair The activity is not subject to CEQA, pursuant to CEQA Guidelines Section 15060(c)(2) (14 CCR §
15060)
Updating Resource Directory The activity is not subject to CEQA, pursuant to CEQA Guidelines Section 15060(c)(2) (14 CCR §
15060)
Mentorship Program for High School Students Not a project pursuant to CEQA Guidelines Section 15378 (14 CCR § 15378). The action has no potential
for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect
physical change in the environment.
“Every 15 Minutes” DUI Simulation Program Not a project pursuant to CEQA Guidelines Section 15378 (14 CCR § 15378). The action has no potential
for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect
physical change in the environment.

San Clemente High School Humanitarian Award
and Mentoring
Not a project pursuant to CEQA Guidelines Section
15378 (14 CCR § 15378). The action has no potential
for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect
physical change in the environment.

Reach out to Residents -Questionnaires Not a project pursuant to CEQA Guidelines Section 15378. (14 CCR § 15378) The action has no potential
for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect
physical change in the environment.

Dorothy Visser Senior Center Improvements –
Interior paint
The project is exempt from to CEQA pursuant to
CEQA Guidelines Section 15301 (Existing Facilities,
14 CCR § 15301) because it consists of maintenance
(painting) of an existing facility involving no expansion of an existing or former use.

Community Development Block Grants – Public
Service Grant Recommendations
Not a project pursuant to CEQA Guidelines Section
15378 (14 CCR § 15378). Making recommendations
2 Meeting Date: October 17, 2023 Agenda Item: 7F

CITY OF SAN CLEMENTE
has no potential for resulting in either a direct physical change in the environment, or a reasonably
foreseeable indirect physical change in the
environment. Each of the project recommended for
grants will be separately evaluated under CEQA
before the grants are approved.

Character Counts! Program Discovery Not a project pursuant to CEQA Guidelines Section 15378 (14 CCR § 15378). The action has no potential
for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect
physical change in the environment.

Solutions to Address Homelessness Not a project pursuant to CEQA Guidelines Section 15378 (14 CCR § 15378). Making recommendations
has no potential for resulting in either a direct physical change in the environment, or a reasonably
foreseeable indirect physical change in the
environment. Each of any project or programs
recommended will be separately evaluated under
CEQA before any approvals.

Recommended Actions:

The Human Affairs Committee recommends that the City Council approve Resolution No. 23-116, which would:

1. Determine that the FY 2023-24 Work Plan Items are exempt from CEQA.

2. Approve the FY 2023-24 Work Plan as presented by the Human Affairs Committee, and include in the plan solutions to address homelessness.

3. Approve a supplemental appropriation of $7,000 to Account No. 001-435-44420. .end
Attachment:

1. Human Affairs Committee proposed Fiscal Year 2023-2024 Work Plan

2. Resolution No. 23-116
3 Attachment 1

DRAFT ANNUAL

WORK PLAN
FY 2023/2024
COMMITTEE NAME: HUMAN AFFAIRS COMMITTEE
Project Name: Community Resource Fair
Purpose, Goals and Deliverables of Project: Host a Community Resource Fair to provide community resources focusing on the homeless, elders, veterans, women in crisis, teens/children, special needs people and mental health.Provide a venue for communication between the public and partnering agencies. Provide information, education, and awareness to the public of available services and resources.Estimated Project Cost: $3,500. Posters to promote, banner across ECR and Del Mar and newspaper ad to promote in the San Clemente Times and SCHS newspaper. Limited refreshments for event day.If cost are involved, is it included in the adopted City budget? NoProject Timeline (Anticipated Start and End Dates): Spring 2024Resources Needed (including Staff hours): Estimating 30 hours staff support – committee members will take all permissible actions.Is this a new project or unfinished project from the prior fiscal year? New 4 0
I- 0
2 Project Name: Updating Resource Registry - Develop Quick Resource Microsites with Information on Resources.

Purpose: To help residents and staff better leverage available resources, and to reduce inefficiency and discontentment caused by people approaching the incorrect resources by developing an easy-to-use, attractive resource guide for San Clemente residents and families.

Goals: This resource will serve as a valuable tool for City staff and residents and will be foundational to other beneficial projects.

Deliverable: Updated resource registry. Embedded in current city website as a micro-site. QR code stickers on city signs so people seeking services can scan the QR code and go to the city resource directory.Deliverable: Develop mobile friendly microsites with information on resources, contacts and “if-that-then-this” style guides, which will be designed to be easily shared on social media and mobile platforms.Deliverables: At council’s option, either a digital proof for final council approval, or if approved, a resource guide would be prepared in both print and digital forms.

Estimated Project Cost: $2,500 if only a digital version is required. Additional printing costs will be needed if printed guides are desired.

The Committee expects to be able to develop the mobile-friendly micro-sites at no costs. City IT staff will need to create and upload the microsites to the City’s website. If cost is involved, is it included in the adopted City budget? No.

Project Timeline (Anticipated Start and End Dates): November 2023 – May 2024Resources Needed (including Staff hours): Estimated 20 hours IT staff support needed to create micro-site, embed the resources on the city website.Is this a new project or unfinished project from the prior fiscal year? New 5 3
Project Name: Mentorship Program for High School Students Purpose: Bring together stakeholders in the community to develop a work mentorship program involving local businesspeople and high school students. This program will help students gain valuable insights and skills as they consider entering the workforce or continuing their education after high school. Goals: To provide an avenue for students to learn about a field or fields of work that they may want to pursue in their education and career. To connect local business owners with their community, while also providing invaluable workforce development opportunities to local students.Deliverables: Engage in discussions with the Chamber of Commerce Workforce Development Committee, and explore how the City of San Clemente and the SC Chamber can work with local schools and businesses to provide these opportunities to students. Report back to the HAC and the Council with findings, and work to implement in Fall ’24. Estimated Project Cost: No cost.

If costs are involved, is it included in the adopted City budget? N/A Project Timeline (Anticipated Start and End Dates): One yearResources Needed (including Staff hours): Unknown at this time.Is this a new project or unfinished project from the prior fiscal year? New Project Name: “Every 15 Minutes” Drunk Driving/DUI Simulation Program Purpose, Goals and Deliverables of Project: Partner with San Clemente High School to apply for “Every 15 Minutes” Grant. This is a 2-day program focusing on high school students, challenging them to focus on drinking, drugging, personal safety, texting while driving, and the responsibility of making mature decisions and the impact these decisions have on family and friends. Real life simulation with a 48-hour timeline videotaped in real time. OCFD, California Highway Patrol, and OCSD work in partnership with the school. Cars are provided by Donovan’s Tow Company. Coordinated with San Clemente High School and ASB. Entire event is videotaped for future use by SCHS. HAC to provide support to school and facilitate any coordination in the grant application and program set-up. Provides a real-life experience without the real-life risk or loss of life, and additional consequences.Estimated Project Cost: $0If cost is involved, is it included in the adopted City budget? N/AProject Timeline (Anticipated Start and End Dates): Start Date: Grant application period opens 10/1/2023. Councilmember Enmeier will remind SCHS to apply on10/1/2023. The program will occur in the Spring of 2024. Resources Needed (including Staff hours): Estimated 1 hour estimated staff time.Is this a new project or unfinished project from the prior fiscal year? Unfinished due to SCHS not applying for grant in time. 6 I
4 Project Name: SCHS Humanitarian Award and Mentoring
Purpose: Working with SCHS administration, identify up to three SCHS Juniors who have performed significant community service projects.

Goals: Recognition of outstanding efforts by SCHS students engaged in significant community service projects.

Deliverables: Selected students will be presented a certificate at an appropriate city council meeting, and the HAC will select, from among its members, an appropriate member for mentorship during a selected student’s senior year. That mentor will also provide a letter of recommendation for college admission purposes. Estimated Project Cost: $50 to hand out flyers in every junior classroom. $400 for award plaquesIf cost is involved, is it included in the adopted City budget? NoProject Timeline (Anticipated Start and End Dates): Awards to be presented near the end of school year. Mentorship to continue throughout the following year.Resources Needed (including Staff hours): Estimated 2 hours of staff time for coordination of award presentation and administrative support.Is this a new project or unfinished project from the prior fiscal year? Annual, continued from prior year 7 5
Project Name: Reach out to Residents
Purpose: The City Council has the potential to receive clear, direct, and updated views of the taxpayers and residents of San Clemente. This fosters goodwill, easy interaction with the public, and the ability to “check the pulse” of the public on many issues.

Goals: With the advent of “A.I.”, it is possible to build a professional questionnaire that is non-partisan by generating questions via “ChatGPT.” Questions and methodology used to arrive at the questions would be transparent. In addition, the cost and time spent in the past (upwards of $38,000 for one safety survey) can be avoided.The input of the taxpayers should be sought after whenever possible, and reaching out to the community can be seen as a positive step for the City Council. Deliverables: Please note that these questionnaires are expected to simply take the temperature of the residents in a non-partisan manner. They would not necessarily qualify as a scientific study, and the responses will also be subject to the methodology. In other words, these are intended as “soft data points.” Estimated Project Cost: Nominal, depending on whether the question(s) are linked from a San Clemente Times ad or linked from a QR code in water bills that are mailed. This is an opportunity for the city to gauge public interest without spending a lot of money by simply using existing resources. Staff hours, delivery, tabulation, and optional advertising would be the only costs. If cost is involved, is it included in the adopted City budget? No Project Timeline (Anticipated Start and End Dates): Ongoing. The Human Affairs Committee could generate any questionnaires based on City Council feedback. As new issues come up, a questionnaire could be developed within days. Polling the residents could be an ongoing project. Resources Needed (including Staff hours): 1-2 staff hours per questionnaire, estimated. Advertising expenses; potentially $0. Is this a new project or unfinished project from the prior fiscal year? New.

Note: Sample questionnaire is included for review. The questionnaire took less than five minutes to generate. 8 6
Sample questionnaire
CHAT GPT 3.5 RESULTS FOR BEACH REPLENISHMENT QUESTIONNAIRE. Time spent: >5 minutes Design a questionnaire as if you want every question to be politically neutral. The questionnaire should be targeted towards residents and taxpayers of a California beach community of 70,000 people. Ask the respondents to rate each question from one to ten, with one being completely disagree and ten being agree completely. The questionnaire should not be more than five questions total. Create questions regarding the following topic:

The importance of sand replenishment for eroding beaches.

CHAT GPT 3.5 RESPONSE:

Community Survey: Sand Replenishment and Beach Erosion Thank you for taking the time to participate in this survey. Your input will help us better understand the opinions of our beach community's residents and taxpayers regarding the importance of sand replenishment for eroding beaches. Please rate each question on a scale of 1 to 10, where 1 means "Completely Disagree" and 10 means "Completely Agree." Sand Replenishment and Beach Erosion:1. The maintenance of our local beaches through sand replenishment is important for the overall appeal of our community. 2. Adequate sand levels contribute to a positive recreational experience for both residents and visitors. 3. Sand replenishment plays a crucial role in protecting coastal properties and infrastructure from erosion and storm damage. 4. Investing in beach nourishment projects is a responsible way to preserve our natural environment and wildlife habitats. 5. Balancing the costs of sand replenishment with its long-term benefits is a consideration our community should prioritize. Thank you for your participation! Your feedback is valuable in shaping the future of our beach community. 9 7
Project Name: Dorothy Visser Senior Center Improvements Purpose, Goals and Deliverables of Project: Purpose: To upgrade the Age Well San Clemente Senior Center. Goal/Deliverable: The building on Victoria in San Clemente needs painting. The outside of the building maintenance is the responsibility of the city, and the city does not have the repainting of the outside in the 2023-2024 budget. The inside of the building needs patching and painting. We would like to organize a volunteer day, asking citizens and service clubs to come and spackle and paint the large inside meeting/activities room. Cost is minimal as they have the paint – Need only brushes, rollers and drop cloths.Goal/Deliverable: Power Clean about 40 chairs that have been stained and beyond regular cleaning. Estimated Project Cost: $1,000 If costs are involved, is it included in the adopted City budget? NoProject Timeline (Anticipated Start and End Dates): November 2023Resources Needed (including Staff hours): NoneIs this a new project or unfinished project from the prior fiscal year? New Project Name: Community Development Block Grants (CDBG) Purpose, Goals and Deliverables of Project: Purpose: To serve on the Social Service Budget Committee to review and recommend awards and funding allocations to non-profit organizations that have applied for CDBG public service grant funding. Goals: To ensure CDBG public service funds are allocated fairly and consistent with HUD’s CDBG program eligibility. Deliverables: Recommendations of CDBG public service grant awards and funding allocations for San Clemente non-profit organizations will be submitted to the City Council for approval as part of the CDBG Annual Action Plan. Estimated Project Cost: $0 If cost are involved, is it included in the adopted City budget? N/A Project Timeline (Anticipated Start and End Dates): Occurs annually in March.Resources Needed (including Staff hours): 2 hours staff timeIs this a new project or unfinished project from the prior fiscal year? Annual project 10 I
8 Project Name: CHARACTER COUNTS! Program Discovery
Purpose, Goals and Deliverables of Project: Purpose: To build more community awareness and education on the ‘Six Pillars of Character’ promoted by the CHARACTER COUNTS! Program. These Six Pillars have been adorned on the North Beach Bathroom mural – which was originally painted in the early 2000’s and repainted in 2022 – and they represent values that any American community can and should embody.Goals: The goal of this committee would be to explore how San Clemente formerly implemented this program (administered by Leslie Mowers), as well as how other communities currently implement it, then explore partnerships with local schools that could get the program reimplemented. The overall goal is for this program to take ahold in San Clemente as it was in the past.Deliverables: The committee will gain insight from Leslie Mowers (former San Clemente resident), as well as contacts in Downey, CA, which also has CHARACTER COUNTS! in their community, and other communities, as we are able. We will also work with local school leaders (and perhaps the Boys & Girls Club) to determine the desire and feasibility for components of this program to be implemented into their classrooms. Estimated Project Cost: No cost for the deliverables listed above. If the program is feasible and requested, there would be a cost for certain materials used in the program, which the City can consider providing funding for. If cost are involved, is it included in the adopted City budget? NoProject Timeline (Anticipated Start and End Dates): One yearResources Needed (including Staff hours): MinimalIs this a new project or unfinished project from the prior fiscal year? New 11 I
Attachment 2
RESOLUTION NO. 23-116

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, APPROVING THE HUMAN
AFFAIRS COMMITTEE FISCAL YEAR 2023-2024 WORK

PLAN, APPROVING A SUPPLEMENTAL APPROPRIATION
OF $7,000, AND DETERMINING THAT THE WORK PLAN

ITEMS ARE EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT
WHEREAS, the Human Affairs Committee was established to act in an advisory capacity to the City Council in all matters pertaining to human needs, including homelessness, within the City of San Clemente; and
WHEREAS, the San Clemente Municipal Code § 2.40.020(e) requires that the Human Affairs Committee develop an annual work plan with specific goals and objectives for the coming year and submit it to the City Council for approval each year; and WHEREAS, on September 12, 2023, at their regular meeting, the Human Affairs Committee approved the work plan items to be included in its FY 2023-24 Work Plan, subject to City Council approval; and
WHEREAS, on October 3, 2023, the City Council directed the Human Affairs, after its work plan was prepared, to include in their plan solutions to address homelessness.

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

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

Section 2. That all the activities on the Human Affairs Committee FY 2023-24 Work Plan are exempt from the California Environmental Quality Act (CEQA) because they are either (a) not a project pursuant to CEQA Guidelines Section 15378 (14 CCR § 15378), because the action has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, (b) not subject to CEQA pursuant to CEQA Guidelines Section 15060(c)(2) because the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment (14 CCR § 15060), or (c) are categorically exempt from CEQA under Class 1 (Existing Facilities, 14 CCR § 15060) of the CEQA Guidelines, Section 15301, as more specifically set forth below:

ITEM CEQA FINDING
Community Resource Fair The activity is not subject to CEQA, pursuant to CEQA Guidelines Section 15060(c)(2) (14 CCR §
15060)
12 Resolution No. 23-116 Page 2
Updating Resource Directory The activity is not subject to CEQA, pursuant to CEQA Guidelines Section 15060(c)(2) (14 CCR §
15060)
Mentorship Program for High School
Students
Not a project pursuant to CEQA Guidelines
Section 15378 (14 CCR § 15378). The action has
no potential for resulting in either a direct physical
change in the environment, or a reasonably
foreseeable indirect physical change in the
environment.
“Every 15 Minutes” DUI Simulation Program Not a project pursuant to CEQA Guidelines Section 15378 (14 CCR § 15378). The action has
no potential for resulting in either a direct physical
change in the environment, or a reasonably
foreseeable indirect physical change in the
environment.

San Clemente High School Humanitarian
Award and Mentoring
Not a project pursuant to CEQA Guidelines
Section 15378 (14 CCR § 15378). The action has
no potential for resulting in either a direct physical
change in the environment, or a reasonably
foreseeable indirect physical change in the
environment.

Reach out to Residents -Questionnaires Not a project pursuant to CEQA Guidelines Section 15378. (14 CCR § 15378) The action has
no potential for resulting in either a direct physical
change in the environment, or a reasonably
foreseeable indirect physical change in the
environment.

Dorothy Visser Senior Center Improvements
– Interior paint
The project is exempt from to CEQA pursuant to
CEQA Guidelines Section 15301 (Existing
Facilities, 14 CCR § 15301) because it consists
of maintenance (painting) of an existing facility
involving no expansion of an existing or former
use.

Community Development Block Grants –
Public Service Grant Recommendations
Not a project pursuant to CEQA Guidelines
Section 15378 (14 CCR § 15378). Making
recommendations has no potential for resulting in
either a direct physical change in the
environment, or a reasonably foreseeable indirect
physical change in the environment. Each of the
project recommended for grants will be
separately evaluated under CEQA before the
grants are approved.
13 Resolution No. 23-116 Page 3
Character Counts! Program Discovery Not a project pursuant to CEQA Guidelines Section 15378 (14 CCR § 15378). The action has
no potential for resulting in either a direct physical
change in the environment, or a reasonably
foreseeable indirect physical change in the
environment.

Solutions to Address Homelessness Not a project pursuant to CEQA Guidelines Section 15378 (14 CCR § 15378). Making
recommendations has no potential for resulting in
either a direct physical change in the
environment, or a reasonably foreseeable indirect
physical change in the environment. Each of the
project or program recommendations will be
separately evaluated under CEQA before any are
approved.

Section 3. That the Human Affairs Committee FY 2023-24 Work Plan shall consist of all items incorporated and included in Exhibit A attached hereto and incorporated herein fully by this reference, and also include in the plan solutions to address homelessness.

Section 4. That in addition to the items listed on the FY 2023-24 Work Plan, the Committee may review all additional items directed for further consideration of the Committee by vote of the Council.

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

PASSED AND ADOPTED this _____ day of ____________________, 2023.

ATTEST:
___________________________ __________________________
City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California
14 Resolution No. 23-116 Page 4

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 23-116 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:

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING

CITY OF SAN CLEMENTE
Meeting Date: October 17, 2023 Agenda Item: 7G
Department: Public Works
Prepared By: Belgin Cuhadaroglu, Associate Civil Engineer Subject:

CONSIDERATION OF A RESOLUTION ACCEPTING AS COMPLETE THE T-STREET PEDESTRIAN OVERPASS CONCRETE REHABILITATION, CIP PROJECT NO. 23804 Fiscal Impact:

The total construction cost for the final portion of this project of $61,450 is within the approved project budget of $195,000 from the General Fund, Account No. 001-636-45700-000-23804.

Summary:

Before the Council is the acceptance of and Notice of Completion (Attachment 2) for the T-Street Pedestrian Overpass Concrete Rehabilitation Project, as shown on the Location Map (Attachment 1).

Background:

On October 18, 2022, the City Council awarded a construction contract to Skyline in the amount of $53,522 with a contingency of $10,600 for the T-Street Pedestrian Overpass Concrete Rehabilitation (Attachment 3). During construction, additional concrete spalls and deteriorated reinforcement steel were identified in the amount of $34,500, which exceeded the originally approved 20% contingency of $10,600. Therefore, staff bid out the additional repair work for the project.

On June 6, 2023, the City Council awarded a construction contract to Harbor Coating & Restoration for the remainder of the repair work for the T-Street Pedestrian Overpass Concrete Rehabilitation (Attachment 4). The work consisted of addressing localized concrete spalls to prevent falling debris. The project is now completed to the satisfaction of the Public Works Director/City Engineer and ready to be accepted by the City Council.

A summary of the total construction expenditures for the additional repairs is provided below:

Construction Management, Inspection $ 2,800
Construction 58,650
Total Additional Project Construction cost $61,450
Council Options:
 Adopt Resolution No. 23-117 (Attachment 5), which would accept the completed construction work for the T-Street Pedestrian Overpass Concrete Rehabilitation, CIP Project No. 23804.  Adopt Resolution No. 23-117 with modifications.
1 Meeting Date: October 17, 2023 Agenda Item: 7G

CITY OF SAN CLEMENTE
 Continue the item with direction to provide additional information.

Environmental Review/Analysis:

In connection with the original contract award, staff previously determined that this project is categorically exempt from the California Environmental Quality Act (CEQA) under Class 2 (Replacement or Reconstruction, 14 CCR section 15302) of the State CEQA Guidelines.

Recommended Actions:

STAFF RECOMMENDS THAT the City Council adopt Resolution No. 23-117, which would:

1. Accept the T-Street Pedestrian Overpass Concrete Rehabilitation, CIP Project No. 23804, from Harbor Coating & Restoration as complete;

2. Authorize the Public Works Director/City Engineer to execute and record the Notice of Completion for the completed concrete rehabilitation; and

1. Location Map

2. Notice of Completion

3. Staff Report, dated October 18, 2022

4. Staff Report, dated June 6, 2023

5. Resolution No. 23-117
Notification:

None.
2 ATTACHMENT 1

T- STREET OVERPASS CONCRETE

REHABILITATION
PN 23804
3 NOTTO SCALE

PROJECT

LOCATION
City of San Clemente
910 Calle Neaocio, Suite 100
San Clemente, CA 92673
Tel (949) 361-6100
Fax (949) 361-8316

LOCATION MAP
ATTACHMENT 2
Recording Requested By:

City of San Clemente
When Recorded, Mail To:

Public Works Department
City of San Clemente
910 Calle Negocio
San Clemente, CA 92673
Recorded for the benefit of the City of San
Clemente and exempt from recording fees
pursuant to Government Code Section 27383.

Space above this line is for Recorder’s Use Only

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

1. Project title or description of work: T-Street Overpass Concrete Rehabilitation, Project No. 23804

2. Date of completion: September 28, 2023

3. Street address or legal description of the project site: Trafalgar Bridge at San Clemente Beach Trail, San Clemente, CA 92672

4. Name of owner: City of San Clemente

5. Interest or estate of owner: City of San Clemente

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

7. Name and address of contractor: Harbor Coating & Restoration, 625 W. Katella Ave #5, Orange, CA 92867
I am the Public Works Director/City Engineer for the City of San Clemente, a Municipal Corporation, the owner of the indicated interest or estate in the property described above.

I make this verification on behalf of the City of San Clemente. I have read this Notice of Completion and know its contents. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Executed on __________________________ in San Clemente, California. ________________________________________
David Rebensdorf,
Public Works Director/City Engineer
City of San Clemente
4 AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 10/18/2022 Agenda Item: 4H
Department: Public Works
Prepared By: Amir K. Ilkhanipour, Principal Civil Engineer Subject:

CONSTRUCTION CONTRACT AWARD TO SKYLINE SERVICES, INC. FOR THE T-STREET PEDESTRIAN OVERPASS CONCRETE REHABILITATION, CIP PROJECT NO. 23804.

Fiscal Impact:

Yes. The estimated total construction cost of $79,122 is within the available approved budget of $195,000 from the General Fund, CIP Project No. 23804.

Summary:

Staff recommends approval of a construction contract (Attachment 2) with Skyline Services, Inc., in the amount of $53,522 for the project.

Background:

The T-Street Pedestrian Overpass was constructed in the early 1980s. Due to exposure from being in a highly corrosive marine environment, the structure has undergone several previous repairs to address localized concrete spalling, concrete cracking, decorative tile replacement, maintenance of the walking surfaces, and painting exposed surfaces. Recent repairs included replacing the safety cage enclosure in 2010, and replacing the concrete surface of the deck and stairs in 2015.

New concrete spalling was recently noticed and Duncan Engineering, a marine structural engineering consultant, was retained to provide an assessment with recommendations for immediate/short term repairs. Based on these repair recommendations, staff prepared a bid package and advertised the project for competitive bidding on the PlanetBids website. Six bids were received on September 28, 2022, ranging from $52,222 to $198,605 (i.e. base bids), as shown on Attachment 3. The lowest responsive bidder was Skyline Services, Inc. of Spring Valley, California at $52,222. Based on the low base bid and the selected alternate bid item, the estimated construction cost is as follows:

Construction Administration, Management & Inspection 15,000 Construction Contract $53,522
Project Contingency (20%) 10,600
Total Estimated Construction Cost $79,122
Construction administration and management will be performed by City staff and inspection services will be provided separately by a structural engineer. The project contingency will only be used if issues arise during the construction work.

As required by the City Policy and State Law, the Contractor will be required to provide performance and payment bonds simultaneously with execution of the construction contract (Attachment 2).

CITY OF SAN CLEMENTE Page 1 of 2 Printed on 10/13/2022
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ATTACHMENT 3
5 Meeting Date: 10/18/2022 Agenda Item: 4H
Project plans and specifications are on file in the City Clerk’s office.

Discussion:

None.

Plan and Policy Consistency:

The project is consistent with the following General Plan Goals and Policies:
· Urban Design - Maintenance Goal: Achieve a sustained level of maintenance and improvement of properties, buildings, landscaping and infrastructure that protects values, encourages additional public and private investments and promotes San Clemente’s high quality of life.
· Policy UD-4.06. Maintenance of Infrastructure and Public Realm. As resources allow, we maintain and where appropriate, improve infrastructure and the public realm, including landscaping, sidewalks, signage, furniture and other streetscape elements.

Council Strategy:

The project is consistent with Council Strategy 3 - Update and maintain infrastructure that reflects best available technology and service - in that the projects maintains City infrastructure.

Recommended Actions:

Staff Recommendation
Staff recommends that the City Council approve and authorize the Public Works Director/City Engineer, to execute Contract No. ______, by and between the City of San Clemente and Skyline Services, Inc., providing for T-Street Overpass Concrete Rehabilitation, in the amount of $53,522.

Attachment:

1. Location Map

2. Construction Contract without attachments

3. Bidders’ Listing
Notification:

None.

CITY OF SAN CLEMENTE Page 2 of 2 Printed on 10/13/2022
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AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 6/6/2023 Agenda Item: 7G
Department: Public Works
Prepared By Belgin Cuhadaroglu, Associate Civil Engineer Subject:

ACCEPTANCE AND NOTICE OF COMPLETION FOR THE COMPLETED REPAIR WORK FOR

THE T-STREET PEDESTRIAN OVERPASS CONCRETE REHABILITATION BY SKYLINE SERVICES, INC., AND CONTRACT AWARD TO HARBOR COATING AND RESTORATION FOR

THE REMAINDER OF THE REPAIR WORK FOR THE T-STREET PEDESTRIAN OVERPASS CONCRETE REHABILITATION, CIP PROJECT NO. 23804
Summary:

At the time of the initial contract award, the marine structural engineer’s estimate for the amount of concrete repairs needed for the T-Street Pedestrian Overpass was estimated at approximately 13.2 cubic feet. Due to unforeseen concrete deterioration discovered during construction and caused by severe marine environment conditions, the initial scope of work for the project was insufficient to complete the needed repairs and necessitated an increase in the square footage of the repairs and corresponding construction costs over the originally approved 20% contingency. Because of this issue, the original scope was completed and staff re-bid the remaining extra work (which is essentially more of the same kind of repairs). Before the Council tonight is approval of a Notice of Competition (Attachment 2) for the original contract with Skyline Services, Inc. (Skyline) for the completed work; and approval of a new construction contract (Attachment 3) with Harbor Coating & Restoration, Inc. (Harbor Coating) in an amount not to exceed $64,650, for the remainder of the repair work needed on the T-Street Pedestrian Overpass Concrete Rehabilitation Project to ensure that it is safe.

Background:

On September 28, 2022, the City retained Duncan Engineering, a marine structural engineering consultant, to provide an assessment with recommendations for immediate/short term repairs needed to the overpass. Based on Duncan Engineering’s original recommendations as to the scope of work needed, on October 18, 2022, City Council awarded a construction contract to Skyline in the amount of $53,522 with a contingency of $10,600 for the T-Street Pedestrian Overpass Concrete Rehabilitation (Attachment 4), for a total not to exceed amount of $79,122. This project consisted of addressing localized concrete spalls to prevent falling debris. During construction, additional concrete spalls and deteriorated reinforcement steel were identified that needed to be repaired immediately.

Skyline offered a change order for the identified additional work in the amount of $34,500, which exceeded the originally approved 20% contingency of $10,600. Because of this issue, staff bid out the remaining work.

Staff prepared a bid package based on estimates for the remainder of the work outside the scope of the original project and requested informal bids from the six contractors who originally bid the project.

On May 5, 2023, two bids were received from Harbor Coating of Orange, California and Skyline in the respective amounts of $41,000 and $63,100 for Base Bid Items. The lowest responsive bidder CITY OF SAN CLEMENTE Page 1 of 3 Printed on 6/1/2023
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ATTACHMENT 4
7 Meeting Date: 6/6/2023 Agenda Item: 7G
the respective amounts of $41,000 and $63,100 for Base Bid Items. The lowest responsive bidder was Harbor Coating at $41,000. Based on the low base bid and the alternate bid item (consisting of additional concrete demolition and repair for $10,000), the estimated construction cost is as follows:

Construction Administration, Management & Inspection $ 6,000 Construction Contract 51,000
Project Contingency (10%) 7,650
Total Estimated Construction Cost $64,650
Construction administration and management will be performed by City staff and inspection services will be provided separately by a structural engineer. The project contingency will only be used if additional unforeseen issues arise during the construction work.

As required by the City policy and state law, the Contractor will be required to provide performance and payment bonds simultaneously with execution of the construction contract (Attachment 4).

Project plans and specifications are on file in the City Clerk’s office.

Council Options:
· Adopt Resolution No. 23-35, which would (a) accept the completed repair work for the T-Street Pedestrian Overpass Concrete Rehabilitation from Skyline Services, Inc., and (b) authorize the City Manager to execute a new contract with Harbor Coating & Restoration, Inc. providing for the constructions of the remainder of the repair work for the T-Street Overpass Concrete Rehabilitation in an amount of $51,000, plus a 10% Project contingency of $7,650. · Adopt Resolution No. 23-35 with modifications.
· Do not adopt Resolution No. 23-35.
· Continue the item with direction to provide additional information.

Fiscal Impact:

Yes. The cost of the completed repair work by Skyline Services, Inc. of $64,037.50 and the estimated total construction cost for the remaining repair work of $64,650 are within the approved project budget of $195,000 from the General Fund, CIP Project No. 23804.

Environmental Review/Analysis:

Recommended Actions:

Staff Recommendation
Adopt Resolution No. 23-35, which will:

1. Accept the completed portion of the work performed for the T-Street Pedestrian Overpass Concrete Rehabilitation, CIP Project No. 23804, from Skyline Services, Inc.;

2. Authorize the Public Works Director/City Engineer to execute and record the Notice of CITY OF SAN CLEMENTE Page 2 of 3 Printed on 6/1/2023
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Meeting Date: 6/6/2023 Agenda Item: 7G

2. Authorize the Public Works Director/City Engineer to execute and record the Notice of Completion for the completed portion of the work completed by Skyline Services, Inc. for the T -Street Pedestrian Overpass Concrete Rehabilitation, CIP Project No. 23804.

4. Authorize the City Manager to execute, Contract No. C23-26, by and between the City of San Clemente and Harbor Coating & Restoration, Inc., providing for the construction of the remainder of the work for the T-Street Overpass Concrete Rehabilitation, in an amount of $51,000, plus a 10% Project contingency of $7,650.

Attachment:

1. Location Map

2. Notice of Completion

3. Construction Contract with Harbor Coating & Restoration, Inc., without attachments

4. Staff Report (22-104) dated October 18, 2022

5. Resolution 23-35
Notification:

None.

CITY OF SAN CLEMENTE Page 3 of 3 Printed on 6/1/2023
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ATTACHMENT 5
4893-7738-2247 v1
RESOLUTION NO. 23-117

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF SAN CLEMENTE, CALIFORNIA,

ACCEPTING AS COMPLETE THE T-STREET

PEDESTRIAN OVERPASS CONCRETE
REHABILITATION, CIP PROJECT NO. 23804
WHEREAS, the T-Street Pedestrian Overpass structure has undergone several previous repairs to address localized concrete spalling and cracking due to highly corrosive marine environment;
WHEREAS, the T-Street Pedestrian Overpass Concrete Rehabilitation (Project) consists of addressing localized concrete spalls to prevent falling debris; and WHEREAS, on October 18, 2022, City Council awarded a construction contract to Skyline Services, Inc. in the amount of $53,522 with a contingency of $10,600 for the TStreet Pedestrian Overpass Concrete Rehabilitation, CIP Project No. 23804 (Project); and WHEREAS, during construction, additional concrete spalls and deteriorated reinforcement steel were identified in the amount of $34,500, which exceeded the approved 20% contingency for the Project of $10,600 and therefore, staff bid out the additional work on the Project; and
WHEREAS, on June 6, 2023, the City Council awarded a construction contract to Harbor Coating & Restoration in the amount of $51,000 with a contingency of $7,650 for the remainder of the repair work for the T-Street Pedestrian Overpass Concrete Rehabilitation; and
WHEREAS, the final cost for the construction work completed by Harbor Coating & Restoration was $58,650; and
WHEREAS, Harbor Coating & Restoration has completed the work to the satisfaction of the Public Works Director.

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

SECTION 1. The foregoing recitals are true and correct and incorporated by this reference.

SECTION 2. The work performed by Harbor Coating & Restoration for the TStreet Pedestrian Overpass Concrete Rehabilitation; CIP Project No. 23804 is hereby accepted as complete.
10 Resolution No. 23-117 Page 2
4893-7738-2247 v1
SECTION 3. The Public Works Director/City Engineer is authorized and directed to execute and record a Notice of Completion for CIP Project No. 23804.

SECTION 4. The City Clerk is authorized and directed to release the Payment Bond 35 days from the recordation of the Notice of Completion upon verification with the Engineering Division that no liens have been levied against the Contractor, Harbor Coating & Restoration.

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. __________________________
Mayor of the City of San
Clemente, California
ATTEST:
___________________________
CITY CLERK of the City of
San Clemente, California
11 Resolution No. 23-117 Page 3
4893-7738-2247 v1

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. 23-117 was adopted at a regular meeting of the City Council of the City of San Clemente held on _______ day of October 2023, by the following vote:

AYES:

NOES:

ABSENT:

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING

CITY OF SAN CLEMENTE
Meeting Date: October 17, 2023 Agenda Item: 7H
Department: Public Works/Utilities
Prepared By Dustin Burnside, Utilities Manager
Subject: le

CONSIDERATION OF A RESOLUTION RATIFYING AN EMERGENCY CONSTRUCTION CONTRACT WITH O’CONNELL ENGINEERING & CONSTRUCTION, INC. FOR THE RESERVOIR 13 ISOLATION VALVE REPLACEMENT, PROJECT NO. 24405 AND

AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT IN AN AMOUNT NOT TO EXCEED $96,800
Fiscal Impact:

Funding for this repair, in the amount of $96,800, will be provided from the Water Depreciation Reserve Fund, Valve Replacement Program, Account No. 052-466-43420-000-24405 which has a balance of $200,000 for Fiscal Year 2023-24.

Summary:

While isolating Reservoir 13 (a one million gallon partially buried reservoir) to practice the shutdown for another scheduled water main repair, staff closed the isolation valves and verified the shutdown was successful. When staff returned to open the valves and restore the reservoir to full functionality, two critical valves broke and remained in the off position. This rendered the reservoir non-operational and necessitated an emergency repair, which began on October 3, 2023 to replace the isolation valves.

Background:

The City of San Clemente has a complex water system due to its topography. Several facilities are required to operate in unison in order to store and pressurize a reliable amount of water to provide for customer demands and meet fire flow requirements. When one of the water facilities is inoperable, it becomes urgent to make repairs to restore full system redundancy.

At Reservoir 13, the depth of the isolation valves is approximately 15 feet, which results in a more complex construction that takes more time than a normal repair, due to shoring requirements.

Because of this complexity, City staff recommended utilizing a contractor to make the emergency repair. In order to complete the repairs related to Reservoir 13, Utilities staff contacted three contractors that have performed similar projects for the City to request quotes, including one local contractor under the Ordinance 1750, Local Vendor Preference. O’Connell Engineering & Construction, Inc., Ferreira Coastal Construction Co., and GCI Construction, Inc. (one of the local contractors) were contacted. Of the three, O’Connell Engineering & Construction was the low bidder. The bids amounts are shown in the table below. 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, and an emergency 1 Meeting Date: October 17, 2023 Agenda Item: 7H

CITY OF SAN CLEMENTE
construction contract with O’Connell Engineering and Construction, Inc. for an amount not to exceed $96,800 was prepared and work commenced.

BIDDER AMOUNT
1 O’Connell Engineering & Construction $96,800.00
2 Ferreira DBA Ferreira Coastal Construction Co.. $96,956.80 3 GCI Construction, INC. $121,500.00
Council Options:
 Adopt Resolution No. 23-118, which would ratify the emergency construction contract for the Reservoir 13 Isolation Valve Replacement, Project No. 24405 with O’Connell Engineering & Construction, Inc., in an amount not to exceed $96,800, and approving a 15% project contingency of $14,520.
 Modify and adopt Resolution No. 23-118.
 Continue the item and direct staff to provide additional information.

Environmental Review/Analysis:

Before entering into the emergency contract, staff determine that this project was categorically exempt from the California Environmental Quality Act (CEQA) as it pertains to repair of already existing water facilities under Class 1 of the state CEQA Guidelines, Section 15301 – Existing Facilities. A notice of exemption was filed with the County of Orange Recorder’s Office for this project. (See Attachment 7.)
Recommended Actions:

Staff Recommendation
Staff recommends that the City Council adopt Resolution No. 23-118, which will:

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

3. Ratify and authorize the City Manager’s execution of the Construction Contract (Attachment 5) with O’Connell Engineering & Construction, Inc. for the needed emergency repairs for the Reservoir 13 Isolation Valve Replacement, Project No. 24405 that have already been commenced for an amount not to exceed $96,800.

4. Approve a 15% project contingency of $14,520.
..end
2 Meeting Date: October 17, 2023 Agenda Item: 7H

CITY OF SAN CLEMENTE
Attachments:

1. Resolution No. 23-118

2. Quote from O’Connell Engineering & Construction to replace Reservoir 13 isolation valves

3. Local Vendor Quote from GCI Construction

4. Quote from Ferreira Coastal Construction Co.

5. Construction Contract with O’Connell Engineering & Construction, Inc.

6. Location Map

7. CEQA Notice of Exemption Form
Notification:

None.
3 Attachment 1
4882-9904-3949 v1
RESOLUTION NO. 23-118

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, RATIFYING AN

EMERGENCY CONSTRUCTION CONTRACT WITH
O’CONNELL ENGINEERING & CONSTRUCTION, INC. FOR
THE RESERVOIR 13 ISOLATION VALVE REPLACEMENT,
PROJECT NO. 24405, AND AUTHORIZING THE CITY

MANAGER TO EXECUTE THE AGREEMENT IN AN
AMOUNT NOT TO EXCEED $96,800
WHEREAS, on September 18 2023, City staff was performing a shut down for water main repairs, of isolation valves for Reservoir 13; and WHEREAS, when restoring the valves to normally open operating condition they broke and remained in the closed position; and
WHEREAS, this necessitated an emergency repair to remove and replace two isolation valves to Reservoir 13; and
WHEREAS, staff determined that the work was categorically exempt from the California Environmental Quality Act (CEQA) under Class 1 (i.e. Existing Facilities - CCR §15301), Section 15301 of the State CEQA Guidelines; and WHEREAS, on September 25, 2023, staff contacted O’Connell Engineering & Construction, Inc. (O’Connell), GCI Construction, Inc, and Ferreira DBA Ferreira Coastal Construction Co., to bid the repair work immediately under the Reservoir 13 Isolation Valve Replacement, Project No. 24405 (Project) and received bids from those three contractors; and
WHEREAS, O’Connell was the lowest bidder; and
WHEREAS, on October 3, 2023, O’Connell mobilized to the site and began work preparing and excavating the site.

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

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

SECTION 2. That an emergency existed due to the loss of redundancy in the water distribution system and required immediate action to replace isolation valves and restore normal operation of the Reservoir 13 water storage reservoir to maintain system integrity and an abundant supply of readily available potable water and to prevent or mitigate impairment to property and public services that might otherwise occur if the City were required to incur delays attributed to the competitive bidding process. 4 Resolution No. 23-118 Page 2
4882-9904-3949 v1
SECTION 3. That the public interest and necessity demanded the immediate expenditure of public funds to safeguard public property and health.

SECTION 4. That the construction contract for the Reservoir 13 Isolation Valve Replacement, Project No. 24405, with O’Connell Engineering & Construction in an amount not to exceed $96,800, as presented to City Council on October 17 2023, is hereby ratified and approved.

SECTION 5. That a 15% project contingency of $14,520 is hereby approved.

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

PASSED AND ADOPTED this _____ day of ____________________, 2023.

ATTEST:
___________________________ __________________________
City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California
5 Resolution No. 23-118 Page 3
4882-9904-3949 v1

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. 23-118 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:

Phone: 951-623-6034
Proposal
No.
001Revised
Winchester, CA 92596-9012 Fax: 951-790-0122
TITLE: Eminencia Del Norte DATE: 09/26/23
TO: Attn: Jim Oblenes
City of San Clemente
380 Avenida Pico, Bldg. N
San Clemente, CA 92672
CONTRACT NO:

RE: To: From: Number:

DESCRIPTION OF PROPOSAL
O’Connell Engineering & Construction, Inc. will repair 16” water line on Eminencia Del Norte. We will dig up, expose and remove a 16” and 6” butterfly valve then install a new 16” and 6” gate valve. We will back fill and compact area and install cold mix. This quote covers all labor and equipment and material. Exclusions: reinstalling A/C paving Item Description Stock# Quantity Units Unit Price Tax Rate Tax Amount Net Amount 00001 Eminencia Del Nort 1 $96,800.00 $96,800.00
Unit Cost: $96,800.00
Unit Tax: $0.00
Total: $96,800.00
APPROVAL:

By: By:

Rhonda O’Connell
Date: 09/26/23 Date:

Attachment 2
7 Attn: James O'Blenes 9/25/23 3:41 PM
City of San Clemente
Project: Res 13 - 16 " Valve Replacement

ITEMS QTY UNIT TOTALS
1 Mobilization
2 Traffic Control
3 Repair 16" Pipe in Street
4 Remove and Replace 16" and 6" valves
TOTAL $121,500.00
Excludes: Inspection, Permits, Fees, Testing, Bond, Survey, Night Work, Construction water, Traffic Control Plans Erosion Control (except to protect our own work), SWPPP plans or Implementation, Any and all items on plans or any other plans not specified above, and any and all items not specified in the Bid Proposal above.

Haul Off, Slurry Backfill, Slurry Seal
Notes:
- Above Price good for 30 days.
- All payment & retention held must be paid within 35 calendar days after completion of our work. - Above price based on 1 mobilization. Additional cost will apply for any additional mobilization. - All items of work listed above to be done concurrently, Otherwise additional cost will apply. - Bond available at 1.8% of the total bid.

Phone (714) 957-0233 Fax (714) 540-1148
GCI CONSTRUCTION, INC.

License No. 755356A
1031 Calle Recodo, Ste. D
San Clemente, CA 92673
Attachment 3
8 GCI
CONSTRUCTION.INC.

JOB NAME: San Clemente- Eminencia Del Norte Reservoir DATE: 9/27/2023 Amount
$96,956.80
$96,956.80
Description
Total Amount
Install 16" Gate Valve and 6" Drain Line Valve. Replace 16" coupling with corroded bolts Attachment 4
9 , •••• ,.11
OBA FERREIRA COA$T.AL CONSTRVCTION 00.

JOB NAME: DATE: 9/27/2023
Filename:

Total Labor 36,221.44
Labor Surcharge 0% 0.00
Labor Markup 15% 5,433.22
Total Materials 23,850.00
Sales Tax 7.75% 1,848.38
Material Markup 15% 3,854.76
Total Equipment 21,513.92
Equipment Markup 15% 3,227.09
Total Subcontractors 960.00
Sub Markup 5% 48.00
Grand Total 96,956.80
TOTAL BID $0.00
JOB NAME: DATE: 9/27/2023
Name Labor Type QTY U/M Rate U/M EXT OT HR OT Rate U/M EXT Local 12 XII (Foreman) 64 hrs $161.84 hrs 10,357.76 $ $242.76 hrs -$ Local 12 XII 64 hrs $158.18 hrs 10,123.52 $ $237.27 hrs -$ 300 Laborer IV 128 hrs $122.97 hrs 15,740.16 $ $184.46 hrs -$ hrs hrs hrs
hrs hrs hrs
TOTAL 36,221.44 $ -$
Equip # Model QTY U/M PRICE U/M EXT SB HR OT Factor U/M EXT AC-01 Sullair 185 Air Compressor Towable 64 hrs $28.53 hrs 1,825.92 $ 0.87 hrs -$ EX-01 su/Excavator (Rubber Pads 2616 hrs, 1 64 hrs $75.88 hrs 4,856.32 $ 0.84 hrs -$ T-103 ord F-550/ Contractor Body (19.5K LBS 64 hrs $54.71 hrs 3,501.44 $ 0.88 hrs -$ BH-03 Case/ Backhoe 64 hrs $61.31 hrs 3,923.84 $ 0.89 hrs -$ DT-04 d F650/ 5-7 Yard Dump (GVWR 26K LB 64 hrs $57.71 hrs 3,693.44 $ 0.88 hrs -$ T-114 ord F250 4x4 Crewcab (GVWR 10K LB 64 hrs $42.39 hrs 2,712.96 $ 0.88 hrs -$ TOTAL 20,513.92 $ hrs -$
Equipment Model No. QTY U/M PRICE U/M EXT
Shoring Equipment 1 LS $1,000.00 LS 1,000.00 $
hrs
hrs
hrs
TOTAL 1,000.00 $

QTY U/M PRICE U/M EXT
8HR 120.00 HR $ 960.00
TOTAL 960.00 $
QTY U/M PRICE U/M EXT RECEPIT # CUSTOMER

1.00 LS $18,000.00 EA $ 18,000.00
10 TN 100.00 TN 1,000.00 $
1 LS 3,000.00 LS 3,000.00 $
10 CY 185.00 CY $ 1,850.00
TOTAL 23,850.00 $
Concrete
Pipe Materials- Western Water
Asphalt
Misc Material
Name
San Clemente- Eminencia Del Norte Reservoir
Labor
Owned Equipment
Rental Equipment
Name
Materials
Subcontractors / Contractor
Trucking
Install 16" Gate Valve and 6" Drain Line Valve. Replace 16" coupling with corroded bolts 10 l"BRIIBIIIJI
DBA FERREIRA COASTAL CONSTRUCTION CO.

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11 CITY OF SAN CLEMENTE

CONSTRUCTION CONTRACT
Attachment 5
EMERGENCY RESERVOIR 13 ISOLATION VALVE REPLACEMENT, PROJECT NO. 24405

1. PARTIES AND DATE.

This Contract is made and entered into this --21__ day of CX,.tobe£ 2023 by and between the City of San Clemente, a public agency of the State of California ("City") and O'CONNELL ENGINEERING AND CONSTRUCTION, INC., a CALIFORNIA CORPORATION with its principal place of business at 36572 DEAUVILLE RD. WINCHESTER, CA 92596 ("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 VALVE 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: CLASS A - GENERAL ENGINEERING CONTRACTOR.

2.3 Project. City desires to engage Contractor to render such services for the EMERGENCY RESERVOIR 13 ISOLATION VALVE REPLACEMENT ("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)
1 55452.015 l 0\32977834.2
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. 12 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 14 CALENDAR days, beginning the effective date of the Notice to Proceed (“Contract Time”). Contractor shall perform its Work in strict accordance with any completion schedule, construction schedule or project milestones developed by the City. Such schedules or milestones may be included as part of Exhibits “A” or “B” attached hereto, or may be provided separately in writing to Contractor. Contractor agrees that if such Work is not completed within the aforementioned Contract Time and/or pursuant to any such completion schedule, construction schedule or project milestones developed pursuant to provisions of the Contract, it is understood, acknowledged and agreed that the City will suffer damage.

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

3.3.3 Liquidated Damages. Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated damages the sum of ($1,000) 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 13 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 NINETY-SIX THOUSAND EIGHT HUNDRED DOLLARS ($96,800.00) (“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. 14 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. 15 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 16 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 17 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 18 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 19 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. 20 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. 21 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. 22 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 23 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 24 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 25 55452.01510\32977834.2
16 in writing by the City of any defect in the Work or non-conformance of the Work to the Contract, commence and prosecute with due diligence all Work necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the Work (or work of other contractors) damaged by its defective Work or which becomes damaged in the course of repairing or replacing defective Work. For any Work so corrected, Contractor’s obligation hereunder to correct defective Work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected Work.

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

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

3.16 Employee/Labor Certifications.

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

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

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

3.17 General Provisions.

3.17.1 City’s Representative. The City hereby designates the General Manager, or his or her designee, to act as its representative for the performance of this Contract (“City’s 26 55452.01510\32977834.2
17 Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Contract. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.

3.17.2 Contractor’s Representative. Before starting the Work, Contractor shall submit in writing the name, qualifications and experience of its proposed representative who shall be subject to the review and approval of the City (“′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:
27 55452.01510\32977834.2
18 CONTRACTOR:

O’CONNELL ENGINEERING & CONSTRUCTION, INC.
36572 DEAUVILLE ROAD
WINCHESTER, CA 92596
Attn: RHONDA O’CONNELL, PRESIDENT
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/Electronic Signature. This Contract may be executed in counterparts, each of which shall constitute an original. This Contract may be executed electronically with the same force and effect as an original ink signature. Bonds, if required, must be signed with original ink signatures and accompanied by notary acknowledgments.

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 28 55452.01510\32977834.2
19 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.

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]

29 30
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed on the respective dates set forth opposite of their signatures.

Dated: _ _ \ {) _____ .... ~\\~---' 2023
Cl CLERK of the City of
San Clemente, California

APPROVED
~
AS TO FORM:

EllzbethA.Mltchel( City Attorney

APPROVED AS TO AVAILABILITY
OF FUNDING:

Finance Authorization
55452.0 1510\32977834.2

O'CONNELL ENGINEERING & CONSTRUCTION,
INC.
("CONTRACTOR")
By ~ _;d(d~
Rhonda O'Connell,
Chief Executive Officer
Dated: _"'-/ _t,_~~9 ____ , 2023
By: ~ ~ d L
Mark O'Connell, Secretary
Dated: _ _./__;:._{)_.;..__.9"-----' 2 02 3
20 55452.01510\32977834.2
21 EXHIBIT “A”

SERVICES / SCHEDULE
Respond and provide emergency Reservoir 13 Isolation Valve Replacement pursuant to the attached Proposal dated 9/26/23, which is fully incorporated herein by this reference. 31 55452.01510\32977834.2
- 22 -
EXHIBIT “B”

PLANS AND SPECIFICATIONS
Respond and provide emergency Reservoir 13 Isolation Valve Replacement pursuant to the attached Proposal dated 9/26/23, which is fully incorporated herein by this reference. 32 55452.01510\32977834.2
- 23 -
EXHIBIT “C”

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

Failure to do so may, in the sole discretion of City, result in the forfeiture of Contractor’s bid security. The surety supplying the bond must be an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, authorized to do business as such in the State of California and satisfactory to the City. The Performance Bond and the Payment Bond shall be for one hundred percent (100%) of the Total Contract Price.
33 55452.01510\32977834.2
- 24 -
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.
x
State compensation Insurance Fund
9076457
34 n
□
D
35 Dated: 10/09 , 20.l_L
Consultant
By:

Rhonda ~~~ O'Connell
President
Title
36572 Deauvme Rd
Address
Winchester, CA 92596
55452.01510\32977834 2
- 25 -
36 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: O'Connell Engineering & Construction, Inc.

DIR Registration Number: __ 1..._00.._0""'0...,0 ..... 9 .... 02=-1....._ _____ _ DIR-Registration Expiration:__,,0...,6,..../3....,0...,/2,..5,.__ _____ _ 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 and Title Rhonda O'Connell ______ ............., .............................................. ___________ _ Dated 10/09/23
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."
- 26 - 55452.01510\32977834.2
55452.01510\32977834.2
- 27 -
EXHIBIT “F”

PAYMENT AND PERFORMANCE BONDS
37 55452.01510\32977834.2
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PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:

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

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

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

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

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

Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City’s option:
38 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
39 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.
40 55452.01510\32977834.2
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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
41 55452.01510\32977834.2
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PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the City of San Clemente (hereinafter designated as the “City”), by action taken or a resolution passed ___________ , 20____has awarded to ________________ hereinafter designated as the “Principal,” a contract for the work described as follows:
_____________________________________________________ (the “Project”); and WHEREAS, the work to be performed by the Principal is more particularly set forth in the Contract Documents for the Project dated __________________ (“Contract Documents”), the terms and conditions of which are expressly incorporated by reference; and WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth.

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

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

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

It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or 42 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.
43 55452.01510\32977834.2
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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.

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

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
44 55452.01510\32977834.2
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EXHIBIT “G”

FEDERAL REQUIREMENTS
Not applicable.
45 55452.01510\32977834.2
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EXHIBIT “H”

INSURANCE REQUIREMENTS

3.13 Insurance.

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

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

The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; or (3) contain any other exclusion contrary to the Contract.
(B) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering "Any Auto" (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all activities shall be in an amount of not less than $1,000,000 combined limit for each occurrence. [***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:
46 55452.01510\32977834.2
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(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 47 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. 48 INSR ADDL SUBR LTR INSR WVD

DATE (MM/DD/YYYY)

PRODUCER CONTACT
NAME:

PHONE FAX (A/C, No, Ext): (A/C, No):

E-MAIL
ADDRESS:

INSURER A :

INSURED INSURER B :

INSURER C :

INSURER D :

INSURER E :

INSURER F :

POLICY NUMBER POLICY EFF POLICY EXP TYPE OF INSURANCE (MM/DD/YYYY) (MM/DD/YYYY) LIMITS

COMMERCIAL GENERAL LIABILITY

AUTOMOBILE LIABILITY

UMBRELLA LIAB

EXCESS LIAB

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

AUTHORIZED REPRESENTATIVE
INSURER(S) AFFORDING COVERAGE NAIC #
Y / N
N / A
(Mandatory in NH)

ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
EACH OCCURRENCE $

DAMAGE TO RENTED
CLAIMS-MADE OCCUR PREMISES (Ea occurrence) $
MED EXP (Any one person) $
PERSONAL & ADV INJURY $
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $
PRODUCTS - COMP/OP AGG $
$
PROOTHER:

JECT LOC

COMBINED SINGLE LIMIT
(Ea accident) $
ANY AUTO BODILY INJURY (Per person) $
OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS ONLY AUTOS

AUTOS ONLY
HIRED PROPERTY DAMAGE $ AUTOS ONLY (Per accident)
$
OCCUR EACH OCCURRENCE $
CLAIMS-MADE AGGREGATE $
DED RETENTION $ $

PER OTH- STATUTE ER
E.L. EACH ACCIDENT $
E.L. DISEASE - EA EMPLOYEE $
If yes, describe under
DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ POLICY

NON-OWNED

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s).

COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

CERTIFICATE HOLDER CANCELLATION
© 1988-2015 ACORD CORPORATION. All rights reserved.

ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD

ACORDTM CERTIFICATE OF LIABILITY INSURANCE
Evanston Insurance Company
State Compensation Ins Fund of CA
Underwriters at Lloyd's London
Ohio Security Insurance Company
7/05/2023
Marsh & McLennan Agency LLC
Marsh & McLennan Ins. Agency LLC
1 Polaris Way #300
Aliso Viejo, CA 92656
Brenda Marin
[email protected]
O'Connell Engineering&Construction, Inc
26572 Deauville Rd.

Winchester, CA 92596
35378
35076
555555
24082
AX
X
X
X X MKLV5PBC005777 05/08/2023 05/08/2024 1,000,000
300,000
5,000
1,000,000
2,000,000
2,000,000
D
X
X
X X BAS2458835922 05/08/2023 05/08/2024 1,000,000
A X X MKLV5EUL105011 05/08/2023 05/08/2024 4,000,000
4,000,000
B
N
X 90764572022 11/01/2022 11/01/2023 X
1,000,000
1,000,000
1,000,000
C Pollution Liab. ENP000479404 05/08/2023 05/08/2024 2,000,000 Per Occ. 4,000,000 Aggregate
5,000 Ded per claim
Pollution Liability increase effective 06/30/2023.

RE: All Jobs
The City, its officials, officers, employees, agents, and volunteers are included as additional insured as respects to General Liability and Auto Liability per attached endorsements. Insurance is Primary & Non Contributory as respects to General Liability and Auto Liability per the attached endorsements. Wavier of (See Attached Descriptions)
City of San Clemente
910 Calle Negocio
San Clemente, CA 92673
1 of 2
#S13005540/M13004517
Client#: 483986 OCONNENGIN
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SAGITTA 25.3 (2016/03)
DESCRIPTIONS (Continued from Page 1)
Subrogation applies to General Liability, Auto Liability and Worker's Compensation per attached endorsement. 30 days written notice of cancellation to named insured except 10 days for non payment of premium applies to General Liability, Auto Liability and Workers Compensation per attached endorsements. 2 of 2
#S13005540/M13004517 50
© ISO Properties, Inc., 2004 Page 1 of 1
CG 20 10 07 04
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED – OWNERS, LESSEES OR
CONTRACTORS – SCHEDULED PERSON OR

ORGANIZATION
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
A. Section II – Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury", "property damage" or "personal and advertising injury"
caused, in whole or in part, by:

1. Your acts or omissions; or

2. The acts or omissions of those acting on your
behalf;
in the performance of your ongoing operations for
the additional insured(s) at the location(s)
designated above.

B. With respect to the insurance afforded to these
additional insureds, the following additional
exclusions apply:

This insurance does not apply to "bodily injury" or
"property damage" occurring after:

1. All work, including materials, parts or
equipment furnished in connection with such
work, on the project (other than service,
maintenance or repairs) to be performed by or
on behalf of the additional insured(s) at the
location of the covered operations has been
completed; or

2. That portion of "your work" out of which the
injury or damage arises has been put to its
intended use by any person or organization
other than another contractor or subcontractor
engaged in performing operations for a
principal as a part of the same project.

COMMERCIAL GENERAL LIABILITY
CG 20 10 07 04
Name Of Additional Insured Person(s)
Or Organization(s):

As required by written contract executed by both parties prior to loss
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

All locations
Location(s) Of Covered Operations
INSURED:

POLICY#: POLICY PERIOD: TO:

O'Connell Engineering&Construction, Inc
MKLV5PBC005777 05/08/2023 05/08/2024
51 □
© ISO Properties, Inc., 2004 Page 1 of 1
CG 20 37 07 04
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED – OWNERS, LESSEES OR
CONTRACTORS – COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Section II – Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only with
respect to liability for "bodily injury" or "property
damage" caused, in whole or in part, by "your work"
at the location designated and described in the
schedule of this endorsement performed for that
additional insured and included in the "productscompleted operations hazard".

COMMERCIAL GENERAL LIABILITY
CG 20 37 07 04
Name Of Additional Insured Person(s)
Or Organization(s):

As required by written contract executed by both
parties prior to loss
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

All locations
Location And Description Of Completed Operations
INSURED:

POLICY#: POLICY PERIOD: TO:

O'Connell Engineering&Construction, Inc
MKLV5PBC005777 05/08/2023 05/08/2024
52 □

COMMERCIAL GENERAL LIABILITY
CG 20 01 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CG 20 01 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 PRIMARY AND NONCONTRIBUTORY –

OTHER INSURANCE CONDITION
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
The following is added to the Other Insurance
Condition and supersedes any provision to the
contrary:

Primary And Noncontributory Insurance
This insurance is primary to and will not seek
contribution from any other insurance available
to an additional insured under your policy
provided that:
(1) The additional insured is a Named Insured
under such other insurance; and
(2) You have agreed in writing in a contract or
agreement that this insurance would be
primary and would not seek contribution
from any other insurance available to the
additional insured.

INSURED:

POLICY#: POLICY PERIOD: TO:

O'Connell Engineering&Construction, Inc
MKLV5PBC005777 05/08/2023 05/08/2024
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INSURED:

POLICY#: POLICY PERIOD: TO:

O'Connell Engineering&Construction, Inc
MKLV5PBC005777 05/08/2023 05/08/2024
54 IL 00 17 11 98 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1

COMMON POLICY CONDITIONS
All Coverage Parts included in this policy are subject to the following conditions.

A. Cancellation

1. The first Named Insured shown in the
Declarations may cancel this policy by mailing
or delivering to us advance written notice of
cancellation.

2. We may cancel this policy by mailing or
delivering to the first Named Insured written
notice of cancellation at least:
a. 10 days before the effective date of
cancellation if we cancel for nonpayment of
premium; or
b. 30 days before the effective date of
cancellation if we cancel for any other
reason.

3. We will mail or deliver our notice to the first
Named Insured's last mailing address known to
us.

4. Notice of cancellation will state the effective
date of cancellation. The policy period will end
on that date.

5. If this policy is cancelled, we will send the first
Named Insured any premium refund due. If we
cancel, the refund will be pro rata. If the first
Named Insured cancels, the refund may be
less than pro rata. The cancellation will be
effective even if we have not made or offered a
refund.

6. If notice is mailed, proof of mailing will be
sufficient proof of notice.

B. Changes
This policy contains all the agreements between
you and us concerning the insurance afforded.

The first Named Insured shown in the Declarations
is authorized to make changes in the terms of this
policy with our consent. This policy's terms can be
amended or waived only by endorsement issued
by us and made a part of this policy.

C. Examination Of Your Books And Records
We may examine and audit your books and
records as they relate to this policy at any time
during the policy period and up to three years
afterward.

D. Inspections And Surveys

1. We have the right to:
a. Make inspections and surveys at any time;
b. Give you reports on the conditions we find;
and
c. Recommend changes.

2. We are not obligated to make any inspections,
surveys, reports or recommendations and any
such actions we do undertake relate only to
insurability and the premiums to be charged.

We do not make safety inspections. We do not
undertake to perform the duty of any person or
organization to provide for the health or safety
of workers or the public. And we do not warrant
that conditions:
a. Are safe or healthful; or
b. Comply with laws, regulations, codes or
standards.

3. Paragraphs 1. and 2. of this condition apply not
only to us, but also to any rating, advisory, rate
service or similar organization which makes
insurance inspections, surveys, reports or
recommendations.

4. Paragraph 2. of this condition does not apply to
any inspections, surveys, reports or
recommendations we may make relative to
certification, under state or municipal statutes,
ordinances or regulations, of boilers, pressure
vessels or elevators.

E. Premiums
The first Named Insured shown in the
Declarations:

1. Is responsible for the payment of all premiums;
and

2. Will be the payee for any return premiums we
pay.

F. Transfer Of Your Rights And Duties Under This
Policy
Your rights and duties under this policy may not be
transferred without our written consent except in
the case of death of an individual named insured.

If you die, your rights and duties will be transferred
to your legal representative but only while acting
within the scope of duties as your legal
representative. Until your legal representative is
appointed, anyone having proper temporary
custody of your property will have your rights and
duties but only with respect to that property.

INTERLINE
IL 00 17 11 98
We may cancel this policy by mailing or
delivering to the first Named Insured written
notice of cancellation at least:
a. 10 days before the effective date of
cancellation if we cancel for nonpayment of
premium; or
b. 30 days before the effective date of
cancellation if we cancel for any other
reason.

Policy Number: MKLV5PBC005777
55 INSURED:

POLICY #: POLICY PERIOD: TO:

O'Connell Engineering&Construction, Inc
BAS2458835922 05/08/2023 05/08/2024
56 0

COMMERCIAL AUTO
AC 85 43 06 18
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CALIFORNIA BUSINESS AUTO COVERAGE

ENHANCEMENT ENDORSEMENT
This endorsement modifies insurance provided under the following:

BUSINESS AUTO COVERAGE FORM
With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement.

If the policy to which this endorsement is attached also contains a Business Auto Coverage Enhancement Endorsement with a specific state named in the title, this endorsement does not apply to vehicles garaged in that specified state.

COVERAGE INDEX

SUBJECT

ACCIDENTAL AIRBAG DEPLOYMENT

ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT

AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS

AMENDED FELLOW EMPLOYEE EXCLUSION

AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE

BODILY INJURY REDEFINED
EMPLOYEES AS INSUREDS (Including Employee Hired Auto)

EXTRA EXPENSE - BROADENED COVERAGE

GLASS REPAIR - WAIVER OF DEDUCTIBLE

PROVISION NUMBER
12 3
20 5
14 24
2 10
16 HIRED AUTO COVERAGE TERRITORY 22
HIRED AUTO PHYSICAL DAMAGE (Including Employee Hired Auto) 6 LOAN / LEASE GAP (Coverage Not Available In New York) 15 NEWLY FORMED OR ACQUIRED SUBSIDIARIES 1
PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE) 17 PERSONALEFFECTSCOVERAGE 11
PHYSICAL DAMAGE -ADDITIONAL TRANSPORTATION EXPENSE COVERAGE 8 PHYSICAL DAMAGE DEDUCTIBLE - VEHICLE TRACKING SYSTEM 13 PRIMARY AND NON-CONTRIBUTORY -WRITTEN CONTRACT OR WRITTEN AGREEMENT 23

RENTAL REIMBURSEMENT

SUPPLEMENTARY PAYMENTS

TOWING AND LABOR

TWO OR MORE DEDUCTIBLES

UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS

WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US SECTION II - LIABILITY COVERAGE is amended as follows:

1. NEWLY FORMED OR ACQUIRED SUBSIDIARIES
9 4
7 18
19 21
SECTION II • LIABILITY COVERAGE, Paragraph A.1. Who Is An Insured is amended to include the following as an "insured":
d. Any legally incorporated subsidiary of which you own more than 50 percent interest during the policy period. Coverage is afforded only for 90 days from the date of acquisition or formation.

However, "insured" does not include any organization that:
(1) Is a partnership or joint venture; or
(2) Is an "insured" under any other automobile policy except a policy written specificall y to apply in excess of this policy; or
(3) Has exhausted its Limit of Insurance or had its policy terminated under any other automobile policy.
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Coverage under this provIsIon d. does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization.

2. EMPLOYEES AS INSUREDS
SECTION II - LIABILITY COVERAGE, Paragraph A.1. Who Is An Insured is amended to include the following as an "insured":
e. Any "employee" of yours while using a covered "auto" you do not own, hire or borrow but only for acts within the scope of their employment by you. Insurance provided by this endorsement is excess over any other insurance available to any "employee". f. Any "employee" of yours while operating an "auto" hired or borrowed under a written contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business and within the scope of their employment. Insurance provided by this endorsement is excess over any other insurance available to the "employee".

3. ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT
SECTION II - LIABILITY COVERAGE, Paragraph A.1. Who Is An Insured is amended to include the following as an "insured":
g. Any person or organization with respect to the operation, maintenance or use of a covered "auto", provided that you and such person or organization have agreed in a written contract, written agreement, or permit issued to you by governmental or public authority, to add such person, or organization, or governmental or public authority to this policy as an "insured".

However, such person or organization is an "insured":
(1) Only with respect to the operation, maintenance or use of a covered "auto"; (2) Only for "bodily injury" or "property damage" caused by an "accident" which takes place after you executed the written contract or written agreement, or the permit has been issued to you; and
(3) Only for the duration of that contract, agreement or permit.

The "insured" is required to submit a claim to any other insurer to which coverage could apply for defense and indemnity. Unless the "insured" has agreed in writing to primary noncontributory wording per enhancement number 24, this policy is excess over any other collectible insurance.

4. SUPPLEMENTARY PAYMENTS
SECTION II - LIABILITY COVERAGE, Coverage Extensions, 2.a. Supplementary Payments, Paragraphs (2) and (4) are replaced by the following:
(2) Up to $3,000 for cost of bail bonds (including bonds for related traffic violations ) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work.
g: 5. AMENDED FELLOW EMPLOYEE EXCLUSION
0 In those jurisdictions where, by law, fellow "employees" are not entitled to the protection afforded to the employer by the workers compensation exclusivity rule, or similar protection, the following provision is added:

SECTION II - LIABILITY, Exclusion 8.5. Fellow Employee does not apply if the "bodily injury" results from the use of a covered "auto" you own or hire if you have workers compensation insurance in force for all of your "employees" at the time of "loss".

This coverage is excess over any other collectible insurance.

SECTION Ill • PHYSICAL DAMAGE COVERAGE is amended as follows:

6. HIRED AUTO PHYSICAL DAMAGE
Paragraph A.4. Coverage Extensions of SECTION Ill - PHYSICAL DAMAGE COVERAGE, is amended by adding the following:

If hired "autos" are covered "autos" for Liability Coverage, and if Comprehensive, Specified Causes of Loss or Collision coverage are provided under the Business Auto Coverage Form for any "auto" you own, then the Physical Damage coverages provided are extended to "autos":
© 2018 Liberty Mutual Insurance
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a. You hire, rent or borrow; or
b. Your "employee" hires or rents under a written contract or agreement in that "employee's" name, but only if the damage occurs while the vehicle is being used in the conduct of your business, subject to the following limit and deductible:
a. The most we will pay for "loss" in any one "accident" or "loss" is the smallest of:
(1) $50,000; or
(2) The actual cash value of the damaged or stolen property as of the time of the "loss"; or (3) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality, minus a deductible.
b. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage.
c. Subject to the limit, deductible and excess provisions described in this provision, we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own. d. Subject to a maximum of $1,000 per "accident", we will also cover the actual loss of use of the hired "auto" if it results from an "accident", you are legally liable and the lessor incurs an actual financial loss.
e. This coverage extension does not apply to:
(1) Any "auto" that is hired, rented or borrowed with a driver; or (2) Any "auto" that is hired, rented or borrowed from your "employee" or any member of your "employee's" household.

Coverage provided under this extension is excess over any other collectible insurance available at the time of "loss".

7. TOWING AND LABOR
SECTION Ill - PHYSICAL DAMAGE COVERAGE, Paragraph A.2. Towing , is amended by the addition of the following:

We will pay towing and labor costs incurred, up to the limits shown below, each time a covered "auto" classified and rated as a private passenger type, "light truck" or "medium truck" is disabled:
a. For private passenger type vehicles, we will pay up to $75 per disablement. b. For "light trucks", we will pay up to $75 per disablement. "Light trucks" are trucks that have a gross vehicle weight (GVW) of 10,000 pounds or less.
c. For "medium trucks", we will pay up to $150 per disablement. "Medium trucks" are trucks that have a gross vehicle weight (GVW) of 10,001 - 20,000 pounds.

However, the labor must be performed at the place of disablement.

8. PHYSICAL DAMAGE -ADDITIONAL TRANSPORTATION EXPENSE COVERAGE Paragraph A.4.a. Coverage Extensions, Transportation Expenses of SECTION Ill - PHYSICAL DAMAGE COVERAGE , is amended to provide a limit of $50 per day and a maximum limit of $1,500.

9. RENTAL REIMBURSEMENT
SECTION Ill - PHYSICAL DAMAGE COVERAGE, A. Coverage, is amended by adding the following:
a. We will pay up to $75 per day for rental reimbursement expenses incurred by you for the rental of an "auto" because of "accident" or "loss", to an "auto" for which we also pay a "loss" under Comprehensive, Specified Causes of Loss or Collision Coverages. We will pay only for those expenses incurred after the first 24 hours following the "accident" or "loss" to the covered "auto." b. Rental Reimbursement requires the rental of a comparable or lesser vehicle, which in many cases may be substantially less than $75 per day, and will only be allowed for the period of time it should take to repair or replace the vehicle with reasonable speed and similar quality, up to a maximum of 30 days.
c. We will also pay up to $500 for reasonable and necessary expenses incurred by you to remove and replace your tools and equipment from the covered "auto". This limit is excess over any other collectible insurance.
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0 d. This coverage does not apply unless you have a business necessity that other "autos" available for your use and operation cannot fill.
e. If "loss" results from the total theft of a covered "auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided under Paragraph 4. Coverage Extension.
f. No deductible applies to this coverage.
g. The insurance provided under this extension is excess over any other collectible insurance.

If this policy also provides Rental Reimbursement Coverage you purchased, the coverage provided by this Enhancement Endorsement is in addition to the coverage you purchased.

For the purposes of this endorsement provision, materials and equipment do not include "personal effects" as defined in provision 11.B.

10. EXTRA EXPENSE - BROADENED COVERAGE
Under SECTION Ill - PHYSICAL DAMAGE COVERAGE, A. Coverage, we will pay for the expense of returning a stolen covered "auto" to you. The maximum amount we will pay is $1,000.

11. PERSONAL EFFECTS COVERAGE
A. SECTION Ill - PHYSICAL DAMAGE COVERAGE, A. Coverage, is amended by adding the following:

If you have purchased Comprehensive Coverage on this policy for an "auto" you own and that "auto" is stolen, we will pay, without application of a deductible, up to $600 for "personal effects" stolen with the "auto."
The insurance provided under this provision is excess over any other collectible insurance.

SECTION V - DEFINITIONS is amended by adding the following:

For the purposes of this provision, "personal effects" mean tangible property that is worn or carried by an "insured." "Personal effects" does not include tools , equipment, jewelry, money or securities.

12. ACCIDENTAL AIRBAG DEPLOYMENT
SECTION Ill - PHYSICAL DAMAGE COVERAGE , B. Exclusions is amended by adding the following:

If you have purchased Comprehensive or Collision Coverage under this policy, the exclusion for "loss" relating to mechanical breakdown does not apply to the accidental discharge of an airbag.

Any insurance we provide shall be excess over any other collectible insurance or reimbursement by manufacturer's warranty. However, we agree to pay any deductible applicable to the other coverage or warranty.

13. PHYSICAL DAMAGE DEDUCTIBLE - VEHICLE TRACKING SYSTEM SECTION Ill - PHYSICAL DAMAGE COVERAGE, D. Deductible, is amended by adding the following:

Any Comprehensive Deductible shown in the Declarations will be reduced by 50% for any "loss" caused by theft if the vehicle is equipped with a vehicle tracking device such as a radio tracking device or a global position device and that device was the method of recovery of the vehicle.

14. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE SECTION Ill - PHYSICAL DAMAGE COVERAGE, B. Exclusions , Paragraph a. of the exception to exclusions 4.c. and 4.d. is deleted and replaced with the following:

Exclusions 4.c. and 4.d. do not apply to:
a. Electronic equipment that receives or transmits audio, visual or data signals, whether or not designed solely for the reproduction of sound, if the equipment is:
(1) Permanently installed in the covered "auto" at the time of the "loss" or removable from a housing unit that is permanently installed in the covered "auto"; and (2) Designed to be solely operated by use from the power from the "auto's" electrical system; and (3) Physical damage coverages are provided for the covered "auto".

If the "loss" occurs solely to audio, visual or data electronic equipment or accessories used with this equipment, then our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by a $100 deductible.
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15. LOAN/ LEASE GAP COVERAGE (Not Applicable In New York) A. Paragraph C. Limit Of Insurance of SECTION Ill - PHYSICAL DAMAGE COVERAGE is amended by adding the following:

The most we will pay for a "total loss" to a covered "auto" owned by or leased to you in any one "accident" is the greater of the:

1. Balance due under the terms of the loan or lease to which the damaged covered "auto" is subject at the time of the "loss" less the amount of:
a. Overdue payments and financial penalties associated with those payments as of the date of the "loss";
b. Financial penalties imposed under a lease due to high mileage, excessive use or abnormal wear and tear;
c. Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; d. Transfer or rollover balances from previous loans or leases; e. Final payment due under a "Balloon Loan";
f. The dollar amount of any unrepaired damage which occurred prior to the "total loss" of a covered "auto";
g. Security deposits not refunded by a lessor;
h. All refunds payable or paid to you as a result of the early termination of a lease agreement or as a result of the early termination of any warranty or extended service agreement on a covered "auto";
i. Any amount representing taxes;
j. Loan or lease termination fees; or

2. The actual cash value of the damage or stolen property as of the time of the "loss".

An adjustment for depreciation and physical condition will be made in determining the actual cash value at the time of the "loss". This adjustment is not applicable in Texas.

B. Additional Conditions
This coverage applies only to the original loan for which the covered "auto" that incurred the "loss" serves as collateral, or lease written on the covered "auto" that incurred the "loss".

C. SECTION V - DEFINITIONS is changed by adding the following:

As used in this endorsement provision, the following definitions apply:
"Total loss" means a "loss" in which the cost of repairs plus the salvage value exceeds the actual cash value.

A "balloon loan" is one with periodic payments that are insufficient to repay the balance over the term of the loan, thereby requiring a large final payment.

16. GLASS REPAIR - WAIVER OF DEDUCTIBLE
Paragraph D. Deductible of SECTION Ill - PHYSICAL DAMAGE COVERAGE is amended by the addition of the following:

No deductible applies to glass damage if the glass is repaired rather than replaced.

17. PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE) Paragraph D. Deductible of SECTION Ill - PHYSICAL DAMAGE COVERAGE is amended by the addition of the following:

The deductible does not apply to "loss" caused by collision to such covered "auto" of the private passenger type or light weight truck with a gross vehicle weight of 10,000 lbs. or less as defined by the manufacturer as maximum loaded weight the "auto" is designed to carry while it is:
a. In the charge of an "insured";
b. Legally parked; and
c. Unoccupied.
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0 The "loss" must be reported to the police authorities within 24 hours of known damage.

The total amount of the damage to the covered "auto" must exceed the deductible shown in the Declarations.

This provision does not apply to any "loss" if the covered "auto" is in the charge of any person or organization engaged in the automobile business.

18. TWO OR MORE DEDUCTIBLES
Under SECTION Ill - PHYSICAL DAMAGE COVERAGE, if two or more company policies or coverage forms apply to the same "accident", the following applies to Paragraph D. Deductible :
a. If the applicable Business Auto deductible is the smaller (or smallest) deductible, it will be waived; or
b. If the applicable Business Auto deductible is not the smaller (or smallest) deductible , it will be reduced by the amount of the smaller (or smallest) deductible; or c. If the "loss" involves two or more Business Auto coverage forms or policies, the smaller (or smallest) deductible will be waived.

For the purpose of this endorsement, company means any company that is part of the Liberty Mutual Group.

SECTION IV· BUSINESS AUTO CONDITIONS is amended as follows:

19. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS
SECTION IV- BUSINESS AUTO CONDITIONS , Paragraph 8.2. is amended by adding the following:

If you unintentionally fail to disclose any hazards, exposures or material facts existing as of the inception date or renewal date of the Business Auto Coverage Form, the coverage afforded by this policy will not be prejudiced.

However, you must report the undisclosed hazard of exposure as soon as practicable after its discovery, and we have the right to collect additional premium for any such hazard or exposure.

20. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS SECTION IV - BUSINESS AUTO CONDITIONS , Paragraph A.2.a. is replaced in its entirety by the following:
a. In the event of "accident", claim, "suit" or "loss", you must promptly notify us when it is known to:
(1) You, if you are an individual;
(2) A partner, if you are a partnership;
(3) Member, if you are a limited liability company;
(4) An executive officer or the "employee" designated by the Named Insured to give such notice, if you are a corporation.

To the exlent possible, notice to us should include:
(a) How, when and where the "accident" or "loss" took place; (b) The "insured's" name and address; and
(c) The names and addresses of any injured persons and witnesses.

21. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US SECTION IV - BUSINESS AUTO CONDITIONS , Paragraph A.5. Transfer Of Rights Of Recovery Against Others To Us , is amended by the addition of the following:

If the person or organization has in a written agreement waived those rights before an "accident" or "loss", our rights are waived also.

22. HIRED AUTO COVERAGE TERRITORY
SECTION IV - BUSINESS AUTO CONDITIONS , Paragraph 8.7. Policy Period, Coverage Territory , is amended by the addition of the following:
f. For "autos" hired 30 days or less, the coverage territory is anywhere in the world, provided that the "insured's" responsibility to pay for damages is determined in a "suit", on the merits, in the United States, the territories and possessions of the United States of America, Puerto Rico or Canada or in a settlement we agree to.
© 2018 Liberty Mutual Insurance
AC 85 43 06 18 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 6 of 7 62 0
This extension of coverage does not apply to an "auto" hired, leased, rented or borrowed with a driver.

23. PRIMARY AND NON-CONTRIBUTING IF REQUIRED BY WRITTEN CONTRACT OR WRITTEN AGREEMENT The following is added to SECTION IV - BUSINESS AUTO CONDITIONS, General Conditions, B.5. Other Insurance and supersedes any provision to the contrary:

This Coverage Form's Covered Autos Liability Coverage is primary to and will not seek contribution from any other insurance available to an "insured" under your policy provided that:

1. Such "insured" is a Named Insured under such other insurance; and

2. You have agreed in a written contract or written agreement that this insurance would be primary and would not seek contribution from any other insurance available to such "insured".

SECTION V - DEFINITIONS is amended as follows:

24. BODILY INJURY REDEFINED
Under SECTION V - DEFINITIONS , Definition C. is replaced by the following:
"Bodily injury" means physical injury, sickness or disease sustained by a person, including mental anguish, mental injury, shock, fright or death resulting from any of these at any time. © 2018 Liberty Mutual Insurance
AC 85 43 06 18 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 7 of 7 80 90 of
Policy Number: BAS2458835922
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

AMENDMENT OF CANCELLATION PROVISIONS
This endorsement modifies insurance provided under the following:

BUSINESS AUTO COVERAGE FORM

MOTOR CARRIER COVERAGE FORM

GARAGE COVERAGE FORM
CA 88 76 03 14
63 INSURED:

POLICY #: POLICY PERIOD: TO

O'Connell Engineering&Construction, Inc
90764572022 11/01/2022 11/01/2023
64 STATE ENDORSEMENT AGREEMENT

WAIVER OF SUBROGATION

BLANKET BASIS
BROKER COPY C:OMr>EN'!-i.,..Tl'j1',
IN': l.,J HA. ',i 1_ t::!
FUND

HOME OFFICE

SAN FRANCISCO

ALL EFFECTIVE DA TES ARE
AT 12:01 AM PACIFIC

STANDARD TIME OR THE

TIME INDICATED AT

PACIFIC STANDARD TIME

WE HAVE THE RI GHT TO RECOVER OUR PAYMENTS FROM ANYONE
LIABLE FOR AN INJURY COVERED BY THIS POLICY. WE WILL

NOT ENFORCE OUR RIGHT AGAINST THE PERSON OR
ORGANIZATION NAMED IN THE SCHEDULE.

THIS AGREEMENT APPLIES ONLY TO THE EXTENT THAT YOU

PERFORM WORK UNDER A WRITTEN CONTRACT THAT REQUIRES YOU TO OBTAIN THIS AGREEMENT FROM US.

THE ADDITIONAL PREMIUM FOR THIS ENDORSEMENT SHALL BE
2,007. OF THE TOTAL POLICY PREMIUM.

SCHEDULE

PERSON OR ORGANIZATION

ANY PERSON OR ORGANIZATION

FOR WHOM THE NAMED INSURED

HAS AGREED BY WRITTEN

CONTRACT TO FURNISH THIS
WAIVER

JOB DESCRIPTION

BLANKET WAIVER OF

SUBROGATION

NOTHING IN THIS ENDORSEMENT CONTAINED SHALL BE HELD TO VARY, ALTER, WAIVE

OR EXTEND ANY OF THE TERMS, CONDITIONS, AGREEMENTS, OR LIMITATIONS OF THIS POLICY OTHER THAN AS STATED. NOTHING ELSEWHERE IN THIS POLICY SHALL BE

HELD TO VARY, ALTER, WAIVE OR LIMIT THE TERMS, CONDITIONS, AGREEMENTS OR LIMITATIONS OF THIS ENDORSEMENT.

COUNTERSIGNED AND ISSUED AT SAN FRANCISCO:
~~,q,
OCTOBER 24, 2014
IL_. .dl~:~ PRESIDENT AND CEO SCIF FORM 10217 (REV_J-2014) 2572
OLD DP 217

!"
##$#

TORO SANGRE DE

VIA NARCISO

VIA DURAZNO

PORTICO DEL SUR

BRILLANTE

JULIANA

RENALDO

VIA CALENDULA

BRILLANTE

CEPA UNO

CARTA DE PLATA
RIOJA

PENEDES

CAMINO DEL RIO

DOMADOR

ENSENADA
CADENA

EMINENCIA DEL SUR CAM DE LOS MARES

ALDEANO ALTURA

DEL CABO

ROSALINDA

ESTAMPIDA

SOMBREADO

CABALLISTA DEL SUR CERCADO VIA SAGE

GANADO FELIPE

ANABELLA

ENRIQUE

NOVILLA

ESTANCIA
HIERRO
ARREOS

CLE EMILIA VIA SAGE

VIA VIOLETA

DOMADOR

BONANZA

VACUNOESTRIBO

EMINENCIA DEL NORTE

PORTICO DEL NORTE

BONANZA

ALFORJA OBRAJERO CABALLISTA
JINETE
REBANO

VIA TULIPAN

VIA HOMBRE CAM DE LOS MARES

DEL NORTE
Reservoir 13 Isolation
Valve Replacement
PN 24405
Attachment 6

NOT TO SCALE

PROJECT

LOCATION
66 910 Calle Negocio, Suite 100
San Clemente, CA 92673
Tel (949) 361-6100
Fax (949) 361-8316
67 D
Attachment 7
Notice of Exemption Appendix E
To: Office of Planning and Research
P .0. Box 3044, Room 113
Sacramento, CA 95812-3044
County Clerk
County of: _o_ra_n_ge ____ _
P.O. Box 238
Santa Ana, CA 92702
From: (Public Agency): City of San Clemente
380 Avenida Pico, Bldg N
San Clemente, CA 92672
(Address)
Project Title: Reservoir 13 Isolation Valve Replacement, Project No. 24405 Project Applicant: City of San Clemente Public Works Department Project Location - Specific:

City Reservoir 13 (see address below).

Project Location - City: San Clemente Project Location - County: _o_r_a_ng_e _____ _ Description of Nature, Purpose and Beneficiaries of Project:

Critical water system infrastructure replacement due to failure of isolation valves at 3017 Eminencia Del Norte Reservoir 13.

Name of Public Agency Approving Project: _C_it_y_o_f _S_a_n_C_le_m_ e_nt_e _____________ _ Name of Person or Agency Carrying Out Project: _C_it_y_o_f _S_a_n_C_l_em_ e_nt_e ___________ _ 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));
[!I Categorical Exemption. State type and section number: Section 15301, Class 1 Existing Facilities □ Statutory Exemptions. State code number: __________________ _ Reasons why project is exempt:

Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use.

Lead Agency Contact Person: David Rebensdorf, Public Works Director Area Codefr elephone/Extension: (949) 361-6130 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: _____ _ Title:
■ Signed by Lead Agency Signed by Applicant
Authority cited: Sections 21083 and 21110, Public Resources Code.

Reference: Sections 21108, 21152, and 211 52.1, Public Resources Code.

Date Received for filing at QPR: ____ _
Revised 2011
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING

CITY OF SAN CLEMENTE
Meeting Date: October 17, 2023 Agenda Item: 7I
Department: Public Works
Prepared By Masako Hennequin, Associate Civil Engineer
Subject:

CONSIDERATION OF A RESOLUTION AWARDING A CONSTRUCTION CONTRACT TO ROY ALLAN SLURRY SEAL, INC. FOR STREET PAVEMENT MAINTENANCE FOR AVENIDA VAQUERO (VIA CASCADITA TO CAMINO DE LOS MARES), CIP PROJECT NO. 13321;

AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT IN AN AMOUNT NOT TO EXCEED $480,993; AND FINDING THE PROJECT CATEGORICALLY EXEMPT FROM THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT
Fiscal Impact:

The estimated total project cost of $579,093 is within the approved budget amount of $700,000 from the Pavement Preservation Program, Account No. 012-861-45300-000-13321.

Summary:

The award of a construction contract to Roy Allan Slurry Seal, Inc. in an amount not to exceed $480,993, plus a 10% project contingency, for the Street Pavement Maintenance for Avenida Vaquero, CIP Project No. 13321. The work includes asphalt pavement and concrete repair work on Avenida Vaquero from Via Cascadita to Camino Los Mares. The pavement work will consist of rehabilitating deteriorated pavement sections, crack seal and overlay and slurry seal as a part of the City’s ongoing pavement maintenance program. The scope also includes grinding sidewalk, and removing and re-striping streets after the completion of pavement repairs.

Background:

The Engineering Division planned and designed to preserve the pavement of Avenida Vaquero originally using the approved Pavement Preservation Program for Arterials (FY22-23) fund of $700,000 and with a supplemental Federal Grant Fund of $200,000.

On February 15, 2022, Resolution No. 22-03 was approved and adopted by the City Council to utilize the Pavement Management Relief Funding (PMRF) program Coronavirus Response and Relief Supplemental Appropriations Act of 2021 (CRRSAA) funds of $200,000 for this project; however, on June 2, 2023, all unobligated CRRSSA funds were rescinded due to the debt ceiling compromise. Accordingly, this supplemental grant funding is no longer available to offset a portion of City funding for this project.

This is the award of the construction contract to Roy Allan Slurry Seal, Inc. in an amount not to exceed $480,993, plus a 10% project contingency, for pavement improvements on Avenida Vaquero from Via Cascadita to Camino De Los Mares as shown on the location map (Attachment 1 Meeting Date: October 17, 2023 Agenda Item: 7I

CITY OF SAN CLEMENTE
2).

Staff prepared a bid package, notified local contractors and advertised the project for competitive bidding on the PlanetBids website and in the SC Times. Bids were opened on September 14, 2023 and the results are presented on the attached Bidders’ Listing (Attachment 3). Bids ranged from $480,993 to $794,973. There were no bidders from businesses based in San Clemente.

The lowest responsive and responsible bidder was Roy Allan Slurry Seal, Inc. of Santa Fe Springs,California with a total bid amount of $480,993.

Based on the low bid, the total estimated project cost is $579,093, as summarized below:

Construction $480,993
Construction Design, Management & Inspection $50,000
Project Contingency (10%) $48,100
Estimated Total Project Cost $579,093
As required by City policy and state law, the Contractor will be required to provide performance and payment bonds simultaneously with execution of the construction contract (Attachment 4).

Project plans and specifications are on file in the City Clerk’s Office.

Council Options:
 Adopt Resolution No. 23-119, awarding the Street Pavement Maintenance contract to Roy Allan Slurry Seal, Inc.; authorizing the City Manager to execute a construction contract an amount not to exceed $480,993; approving a 10% project contingency of $48,100; and finding the project categorically exempt from CEQA under Class 1 (Existing Facilities, 14 CCR section 15301) of the State CEQA Guidelines.
 Modify and adopt Resolution No. 23-119.
 Continue the item with direction to provide additional information.  Do not award the contract or construct the pavement repairs.

Environmental Review/Analysis:

This project is categorically exempt from the CEQA under Class 1 (Existing Facilities, 14 CCR section 15301) of the State CEQA Guidelines because it consists of the operation, repair, maintenance, permitting, leasing licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use.

Recommended Actions:

Staff Recommendation
Adopt Resolution No. 23-119, which will:
2 Meeting Date: October 17, 2023 Agenda Item: 7I

CITY OF SAN CLEMENTE

1. Find the Street Pavement Maintenance for Avenida Vaquero, CIP Project No. 13321 categorically exempt from the CEQA under Class 1 (Existing Facilities, 14 CCR section 15301) of the State CEQA Guidelines;

2. Award the Street Pavement Maintenance for Avenida Vaquero, CIP Project No. 13321, contract to Roy Allan Slurry Seal, Inc.;

3. Authorize the City Manager to execute a contract with Roy Allan Slurry Seal, Inc. in an amount not to exceed $480,993, for the Street Pavement Maintenance for Avenida Vaquero, Project No. 13321, in a form substantially similar to Contract No. C23-60 (Attachment 4); and

4. Approve a 10% project contingency of $48,100.
..end
..end
Attachment:

1. Resolution No. 23-119

2. Location Map

3. Bidders’ Listing

4. Contract
Notification:

All bidders.
3 Attachment 1
RESOLUTION NO. 23-119

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, AWARDING A

CONSTRUCTION CONTRACT TO ROY ALLAN SLURRY
SEAL, INC. TO PERFORM STREET PAVEMENT

MAINTENANCE FOR AVENIDA VAQUERO (VIA
CASCADITA TO CAMINO DE LOS MARES), PROJECT NO.
13321; AUTHORIZING THE CITY MANAGER TO EXECUTE

THE CONTRACT IN AN AMOUNT NOT TO EXCEED
$480,993; AND FINDING THE PROJECT CATEGORICALLY

EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT (CEQA) UNDER CLASS 1 (EXISTING
FACILITIES, 14 CCR SECTION 15301) OF THE STATE

CEQA GUIDELINES
WHEREAS, the City conducted formal competitive bidding for the Street Pavement Maintenance for Avenida Vaquero (Via Cascadita to Camino De Los Mares), Project No. 13321 (Project); and
WHEREAS, on September 14, 2023, the City received five (5) responsive bids ranging from $480,993 to $794,973 for the Project; and
WHEREAS, the Roy Allan Slurry Seal, Inc. was the lowest responsive and responsible bidder with a bid of $480,993.

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

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

Section 2. That the project is categorically exempt from the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities, 14 CCR section 15301) of the State CEQA Guidelines because it consists of replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced and there is no possibility of a direct or reasonably foreseeable indirect effect on the environment.

Section 3. That the Construction Contract Agreement for the Street Pavement Maintenance for Avenida Vaquero (Via Cascadita to Camino De Los Mares), Project No. 13321 is hereby awarded to Roy Allan Slurry Seal, Inc.

Section 4. That the City Manager is authorized and directed to execute a construction contract for the Street Pavement Maintenance for Avenida Vaquero (Via Cascadita to Camino De Los Mares), Project No. 13321 with Roy Allan Slurry Seal, Inc. in an amount not to exceed $480,993, in a form substantially similar to that presented to City Council on October 17, 2023.
4 Resolution No. 23-119 Page 2
Section 5. That a 10% project contingency of $48,099 is hereby approved.

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

PASSED AND ADOPTED this _____ day of October, 2023.

ATTEST:
___________________________ __________________________
City Clerk of the City of Mayor of the City of San
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. 23-119 was adopted at a regular meeting of the City Council of the City of San Clemente held on the _______ day of October, 2023, by the following vote:

AYES:

NOES:

ABSENT:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this _____ day of October, 2023. __________________________
CITY CLERK of the City of
San Clemente, California
Approved as to form:
___________________________
Elizabeth A. Mitchell, City Attorney
5 CL VALLARTA

CL FRONTERA

CL EMBOCADURA

CL AMABLE

CL DULCE

CL CONTENTA

CL BRISA

CL HIDALGO

CL GANADERO

CL VALLARTA

CL FIERROS CL CUMBRE

CM DE LOS MARES

CAMPANILLA CANTILENA

VIA TUNAS

MARBELLA

CL CANASTA

CL VICENTE

VIA SOCORRO EBB TIDE DR

BREAKER DR

PALM DR SEA BREEZE DR BEACH DR CM SAN CLEMENTE

VIA SAN ANDREAS VIA BALLENA VIA SENDA CL TINAJA

CL BURRO

CL CUADRA

VIA ARBOLEDA

VIA MONTECITO VIA SANTO TOMAS

VIA VISTOSA

VIA CASA LOMA

AVE VAQUERO

VIA VERBENA

VIA MONTEZUMA

AVE VAQUERO

VIA MONTEGO

VIA BANDITA VIA LADO

VIA MONTECITO

CL VISTA TORITOVIA MONTEGO

VIA ALEGRE

CL BARANDA CL GAUCHO CL DESCANSO

CL JUAREZ

VIA JUAREZ

CL MACHO

CL SORPRESO CL LUEGO

CL AMIGO

VIA HIDALGO

VIA MERLUZA

CL PAISANO

CL CHUECA

VIA CHUECA

CL REATACL GUADALAJARA

CL CORRAL PASEO AGUILA

SEASCAPE CIR

PASEO FLAMENCO

MONTE VIS

VIA LORO

VIA PAJARO

VIA SARATOGA

DEL GADO RD

SARA WY

PASEO GANSO

SEAVIEW DR

VIA PATO

VIA BREVE

VIA CASCADITA BAY DR

SANDY DR

SHELL DR

SURF DR OCEAN DR

PACIFIC DR
A. T. & S. F. R. R.

BEACH RD

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

COAST HWY

VISTA DE DONS CL GRANDE VIS

VIA SAN GORGONIO

VIA SAN JACINTO

CL PRIMA

VIA VALOR

DEL REY

MIRA COSTA

VIA PICHON

CM ALONDRA

PASEO VIENTO

PASEO HALCON

VIA DE DAUM

LA VENTANA

VISTA DE TODO

VIA NADA

VIA CORBINA

CL QUIETO CL GRANDE VIS

PASEO GALLITA

VIA PAVON

CL ARCO

CL CAMPANA

SHORECLIFFS GOLF COURSE

COAST HWY

CM CAPISTRANO

SAN GORGORNIO PARK

SHORECLIFFS GOLF COURSE

SHORECLIFFS GOLF COURSE SHORECLIFFS

MIDDLE SCHOOL

CL VALLARTA

CL FRONTERA

CL GAUCHO

AVE VAQUERO

CL GUADALAJARA

CM CAPISTRANO
5 CL HIDALGO

C I T Y O F S A N C L E M E N T E
910 CL Negocio, Suite 100
San CLEMENTE, CA 92673
Tel (949) 361-6100
Fax (949) 361-8316

LOCATION MAP
i:\cd\engineering\secure\projects\pn 13321 - ave vaquero - via cascadita to cm de los mares\06-admin reports\pn13321 location map.dwg 6.6.2022 City Project No. 13321
FEDERAL PROJECT NO. CRAL-5274(041)
2 6
- PROJECT LOCATION

ATTACHMENT
Street Pavement Maintenance for Avenida Vaquero
(Via Cascadita to Camino De Los Mares)
i:\cd\engineering\secure\projects\pn 13321 - ave vaquero - via cascadita to cm de los mares\05-bidding\pn13321 bidders listing.docx

BIDDER'S
LISTING BID OPEN TIME: 2:00 PM
BID OPEN DATE: 9-14-2023
PRESENT:

ELECTRONIC BID
MH
Subject: Bid Opening: Street Pavement Maintenance for Avenida Vaquero (Via Cascadita to Camino De Los Mares) (Project No. 13321) No. of Bids: 5
Company Information Bid Bond City Bidder is
From
1#
Addendums
NO

ADDENDUM
Amount
Roy Allan Slurry Seal,
Inc. YES
Santa Fe
Springs, CA $480,993.10
American Asphalt
South, Inc. YES
Riverside, CA
$555,394.33
Hardy & Harper, Inc.

YES
Lake Forest,
CA $780,000.00
All American Asphalt
YES
Corona, CA
$793,118.00
PALP, Inc. DBA Excel
Paving Company YES
Long Beach,
CA $794,973.30
Attachment 3
7 ATTACHMENT 4
SECTION 00500

CONSTRUCTION CONTRACT FOR STREET PAVEMENT MAINTENANCE FOR AVENIDA VAQUERO (VIA CASCADITA TO CAMINO DE LOS MARES), PROJECT NO. 13321

THIS CONSTRUCTION CONTRACT STREET PAVEMENT MAINTENANCE FOR AVENIDA VAQUERO (VIA CASCADITA TO CAMINO DE LOS MARES), PROJECT NO. 13321(Contract) is made this _____ day of _________, 2023, in the County of Orange, State of California, by and between the City of San Clemente hereinafter called City, and Roy Allan Slurry Seal, Inc., a California corporation, with its principal place of business at 12643 Emmens Way, Santa Fe Springs, CA 90670, hereinafter called Contractor. City and the Contractor for the considerations stated herein agree as follows:

ARTICLE 1. SCOPE OF WORK. The Contractor shall perform all Work within the time stipulated the contract and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict compliance with the Contract Documents as specified in Article 5 below for the following Project:

STREET PAVEMENT MAINTENANCE FOR AVENIDA VAQUERO (Via Cascadita to Camino De Los Mares), City Project No. 13321.

The Contractor and its surety shall be liable to City for any damages arising as a result of the Contractor’s failure to comply with this obligation.

ARTICLE 2. TIME FOR COMPLETION. The Work shall be commenced on the date stated in City’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within 60 working days from the commencement date stated in the Notice to Proceed.

By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work.

ARTICLE 3. CONTRACT PRICE. City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, a sum not to exceed four hundred eighty thousand nine hundred ninety three dollars ($480,993) based on the actual work performed and the prices set forth in Contractor’s bid. Payment shall be made as set forth in the General Conditions.

At any time during the term of the Contract, City may, pursuant to the terms and provisions of the Contract Documents, request that the Contractor perform additional work. Contractor shall not perform, nor be compensated for, additional work without written authorization from the City pursuant to the terms and provisions of the Contract Documents. Approved additional work shall in no event exceed the 10% project contingency of $48,100 without prior approval of the City Council.

ARTICLE 4. LIQUIDATED DAMAGES/EARLY COMPLETION INCENTIVE. IN ACCORDANCE WITH GOVERNMENT CODE SECTION 53069.85, IT IS AGREED THAT THE CONTRACTOR WILL PAY CITY THE SUM OF $500 FOR EACH AND EVERY CALENDAR DAY

OF DELAY BEYOND THE TIME PRESCRIBED IN THE CONTRACT DOCUMENTS FOR

FINISHING THE WORK, AS LIQUIDATED DAMAGES AND NOT AS A PENALTY OR FORFEITURE. IN THE EVENT THAT LIQUIDATED DAMAGES ARE NOT PAID, THE

CONTRACTOR AGREES CITY MAY DEDUCT THAT AMOUNT FROM ANY MONEY DUE OR 8 SECTION 00500

CONSTRUCTION CONTRACT FOR STREET PAVEMENT MAINTENANCE FOR AVENIDA VAQUERO (VIA CASCADITA TO CAMINO DE LOS MARES), PROJECT NO. 13321
THAT MAY BECOME DUE THE CONTRACTOR UNDER THE CONTRACT. THIS ARTICLE

DOES NOT EXCLUDE RECOVERY OF OTHER DAMAGES SPECIFIED IN THE CONTRACT DOCUMENTS.

ARTICLE 5. COMPONENT PARTS OF THE CONTRACT. The “Contract Documents” include the following:

Notice Inviting Bids
Instructions to Bidders
Bid Form
Contractor’s Certificate Regarding Workers’ Compensation Bid Bond
Designation of Subcontractors
Information Required of Bidders
Non-Collusion Declaration form
Iran Contracting Act Certification
Public Works Contractor Registration Certification
Contract
Performance Bond
Payment Bond
General Conditions
Special Conditions
Technical Specifications
Addenda
Plans and Drawings
Approved and fully executed change orders
Any other documents contained in or incorporated into the Contract The Contactor shall complete the Work in strict accordance with all of the Contract Documents.

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

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

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

ARTICLE 8. PREVAILING WAGES. Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates shall be made available at CITY CLERK, CITY OF SAN CLEMENTE or may be obtained online at http//www.dir.ca.gov/dlsr. and which must be posted at the job site.
9 SECTION 00500

CONSTRUCTION CONTRACT FOR STREET PAVEMENT MAINTENANCE FOR AVENIDA VAQUERO (VIA CASCADITA TO CAMINO DE LOS MARES), PROJECT NO. 13321
IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and year above written.

CITY OF SAN CLEMENTE
By:________________________________
Andy Hall, City Manager
ATTEST:
______________________________ Dated: ____________________, 2023 CITY CLERK of the City of
San Clemente, California
APPROVED AS TO FORM:
____________________________
Elizabeth A Mitchell, City Attorney

APPROVED AS TO AVAILABILITY
OF FUNDING:
________________________________
Finance Authorization

Roy Allan Slurry Seal, Inc., a
California corporation
(“CONTRACTOR”)
By:_____________________________
Wyatt Lawrence Allan, Chief Executive
Officer, Secretary, Chief Financial
Officer
Dated: __________________, 2023

END OF CONTRACT
10 910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING

CITY OF SAN CLEMENTE
Meeting Date: October 17, 2023 Agenda Item: 7J
Department: Public Works/Utilities
Prepared By Julie Schmidt, Management Analyst II
Subject:

CONSIDERATION OF A RESOLUTION AWARDING A PURCHASE CONTRACT TO KAAM GROUP, INC. TO FURNISH AND DELIVER 19% AQUA AMMONIA TO CITY RESERVOIRS 5A, 10, AND 14 FOR AN AMOUNT NOT TO EXCEED $50,000 FOR A TWO-YEAR PERIOD AND

AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT, AND FINDING THE

PROJECT CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL

QUALITY ACT
Fiscal Impact:

The funding for the purchase and delivery of Aqua Ammonia for City Reservoirs 5A, 10, and 14 was approved in the Fiscal Year 2023-24 Budget in the Water Operating Fund, Account Number 052-463-42150 in the amount of $25,000. Additional funding for the two-year Contract and any extensions will be proposed as part of the City’s annual budget process for future fiscal years.

Summary:

The City Council is being asked to consider a two-year Purchase Contract with KAAM Group, Inc. for 19% Aqua Ammonia deliveries to City Reservoirs 5A, 10, and 14 to maintain potable water quality and to authorize the City Manager to approve up to three, one-year extensions to the Contract for amounts not to exceed the approved budget amounts for this chemical in each appropriate fiscal year.

Background:

City Reservoirs 5A, 10, and 14 store potable water and are equipped with a Reservoir Management System (RMS) to improve water quality management throughout the distribution water system. The RMS uses real-time water quality samples from inside the reservoir to measure total disinfectant residual levels. If the system senses a deviation from a predetermined set point disinfectant residual level, the system calls for the injection of Aqua Ammonia and/or Sodium Hypochlorite via conventional chemical metering pumps until proper residual levels are restored. The RMS communicates all system operating parameters, residuals, etc., directly to the City's SCADA system where data is trended and analyzed.

The chemicals Sodium Hypochlorite and Aqua Ammonia are needed onsite at these three reservoirs for the RMS for water treatment, and the City enters into contracts for the purchase and delivery of these chemicals from certified vendors directly to the three sites. Typically, vendors for chemical deliveries utilize 18-wheel trucks, but due to the location and limited access to the reservoir sites, smaller delivery trucks are needed to navigate the narrow access roads and some companies do not have small trucks that are able to access the sites for deliveries. 1 Meeting Date: October 17, 2023 Agenda Item: 7J

CITY OF SAN CLEMENTE
Utilities staff posted a Request for Bids on the Planet Bids website for a new contract to furnish and deliver 19% Aqua Ammonia since the previous contract has ended. Interested vendors were required to attend a mandatory pre-bid meeting followed by site visits to the three reservoirs to ensure interested vendors could make the necessary deliveries. Staff is not aware of any local companies that could act as vendors.

Following the end of the solicitation on September 28, 2023, the City received two bids from Hill Brothers Chemical Company and KAAM Group. The bid from KAAM Group, a company located in Carlsbad, California was deemed the only responsive bid since they were the only vendor that attended the mandatory pre-bid meeting. Their fixed pricing for the initial two-year contract is $6.44/gallon. The City’s previous contract for Aqua Ammonia deliveries was with KAAM Group and they have provided excellent service to the City and are being recommended for a new contract. The bid from Hill Brothers Chemical Company at $8.25/gallon was deemed nonresponsive since they did not attend the mandatory pre-bid meeting.

Council Options:
 Adopt Resolution No. 23-120, finding the project categorically exempt from the California Environmental Quality Act (CEQA), awarding a contract to KAAM Group, Inc. to furnish and deliver 19% Aqua Ammonia to City Reservoirs 5A, 10, and 14, authorizing the City Manager to execute the contract in an amount not to exceed $50,000 for a two-year period, and authorizing the City Manager to approve up to three, one-year extensions to the contract for amounts not to exceed the approved budget amounts for this chemical in each appropriate fiscal year.
 Modify and adopt Resolution No. 23-120.
 Continue the item and direct staff to provide additional information.  Deny Resolution No. 23-120 and deny the approval of the purchase of Aqua Ammonia.

Environmental Review/Analysis:

Staff recommends that the City Council determine this action to be categorically exempt from CEQA under Class 1 (Existing Facilities, 14 CCR section 15301) of the State CEQA Guidelines.

A notice of exemption will be filed with the County of Orange Recorder's Office. (See attachment

3.)
Recommended Actions:

Staff Recommendation
STAFF RECOMMENDS THAT the City Council adopt Resolution No. 23-120, which will:

1. Find the project categorically exempt from CEQA under Class 1 (Existing Facilities, 14 CCR section 15301) of the State CEQA Guidelines;

2. Approve the Purchase Contract with KAAM Group, Inc. to furnish and deliver 19% Aqua Ammonia to City Reservoirs 5A, 10, and 14 for a two-year period not to exceed $50,000; and 2 Meeting Date: October 17, 2023 Agenda Item: 7J

CITY OF SAN CLEMENTE

3. Authorize the City Manager to approve up to three, one-year extensions to the Contract for amounts not to exceed the approved budget amounts for this chemical in each appropriate fiscal year.
..end
Attachment:

1. Resolution No. 23-120

2. Purchase Contract with KAAM Group, Inc. to furnish and deliver 19% Aqua Ammonia

3. CEQA Notice of Exemption Form
Notification:

All bidders.
3 RESOLUTION NO. 23-120

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, AWARDING A PURCHASE
CONTRACT TO KAAM GROUP, INC. TO FURNISH AND
DELIVER 19% AQUA AMMONIA TO CITY RESERVOIRS 5A,
10, AND 14 FOR AN AMOUNT NOT TO EXCEEED $50,000

FOR A TWO-YEAR PERIOD, AUTHORIZING THE CITY

MANAGER TO EXECUTE THE CONTRACT AND APPROVE

EXTENSIONS TO THE CONTRACT, AND FINDING THE

PROJECT CATEGORICALLY EXEMPT FROM THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
UNDER CLASS 1 (EXISTING FACILITIES, 14 CCR SECTION
15301) OF THE STATE CEQA GUIDELINES
WHEREAS, the City of San Clemente provides adequate supplies of potable and recycled water while meeting health and quality standards of the State Water Resources Control Board - Drinking Water Division and Federal Safe Water Drinking Act; and WHEREAS, City Reservoirs 5A, 10, and 14 for potable water are equipped with a Reservoir Management System (RMS) to improve water quality management. The RMS uses real-time water quality samples from inside the reservoir to measure total disinfectant residual levels. If the system senses a deviation from a predetermined set point disinfectant residual level, the system calls for the injection of Aqua Ammonia and/or Sodium Hypochlorite via conventional chemical metering pumps until proper residual levels are restored; and
WHEREAS, the chemicals Sodium Hypochlorite and Aqua Ammonia are needed onsite at these three reservoirs for the RMS for water treatment, and the City enters into contracts for the purchase and delivery of these chemicals from certified vendors directly to the three sites; and
WHEREAS, Utilities staff posted a Request for Bids for a new contract to furnish and deliver 19% Aqua Ammonia, and the bid received from KAAM Group with fixed pricing for the initial two-year contract of $6.44/gallon was deemed the only responsive bid since it was the only vendor that attended the mandatory pre-bid meeting; and WHEREAS, a purchase contract with KAAM Group, Inc. is in the best interests of the City and the public.

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

Section 1. That the above recitals are true and correct and incorporated herein as findings.

Section 2. That this project is categorically exempt from the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities, 14 CCR section 15301) of the State Attachment 1
4 Resolution No. 23-120 Page 2
CEQA Guidelines because it consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use, and there is no reasonable possibility that the activity will have a significant direct or foreseeable indirect effect on the environment.

Section 3. That Purchase Contract is hereby awarded to KAAM Group, Inc. to furnish and deliver 19% Aqua Ammonia to Reservoirs 5A, 10, and 14.

Section 4. That the City Manager is authorized and directed to execute a Purchase Contract with KAAM Group, Inc. for an amount not to exceed $50,000 for a two-year period in a form substantially similar to that presented to City Council on October 17, 2023. The City Manager is also authorized to approve up to three, one-year extensions to the Contract with KAAM Group, Inc. for amounts not to exceed the approved budget amounts for this chemical in each appropriate fiscal year.

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

PASSED AND ADOPTED this _____ day of ____________________, 2023.

ATTEST:
___________________________ __________________________
City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California
5 Resolution No. 23-120 Page 3

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 23-120 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:

PURCHASE CONTRACT
FURNISH AND DELIVER 19% AQUA AMMONIA

1. PARTIES AND DATE.

This Agreement is made and entered into this ______ day of ________________, 2023, by and between the City of San Clemente, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 910 Calle Negocio, San Clemente, California, 92673 ("City"), and KAAM GROUP, INC., a CALIFORNIA CORPORATION, with its principal place of business at 300 CARLSBAD VILLAGE DRIVE, SUITE 108A-468, CARLSBAD, CA 92008 ("Supplier").

2. RECITALS.

2.1 City is a municipal corporation of the State of California and operates, among other facilities, RESERVOIRS 5A, 10, AND 14 located in San Clemente, California (hereinafter referred to as "Facilities").

2.2 City desires Supplier to provide AND DELIVER 19% AQUA AMMONIA to City for use at its Facilities.

2.3 Supplier is duly licensed and has the necessary qualifications to fulfill the obligations set forth herein.

2.4 The parties desire by this Agreement to establish the terms for City to purchase and acquire the goods specified herein.

3. TERMS.

3.1 Agreement Duration. This Agreement shall commence NOVEMBER 1, 2023, and shall be in effect up to and including NOVEMBER 1, 2025. This Agreement may be extend for up to three additional one-year periods upon mutual written agreement of the Parties.

3.2 Method of Ordering. The City shall issue a purchase order(s). The City shall provide Supplier delivery dates by email or telephone, consistent with contact information provided in Paragraph 14.

3.3 Supply and Purchase of Goods. 19% AQUA AMMONIA FOR WATER TREATMENT supplied, purchased, and delivered under this Agreement ("Goods") shall be in compliance with all applicable laws and regulations. If a chemical, it shall be in compliance with the most current ANSI/AWWA standard for each chemical listed.

3.4 Request for Delivery. On an as needed basis, City shall submit to Supplier a confirmed request for delivery of specific Goods, consistent with contact information provided in Paragraph 15.

3.5 Price. Price for Goods supplied under this Agreement shall be in accordance with Supplier's quotation, attached hereto and incorporated by reference herein as Exhibit "A." The unit price shall be fixed for the first TWO YEARS of this Agreement. If the Goods are a chemical(s), except where otherwise noted on Exhibit "A," the unit price shall be based on the price per weight of actual active chemical. The unit price shall be all inclusive of Supplier's profit, Attachment 2
7 55452.01100\33320711.3
2 overhead and costs of producing and delivering the Goods. Separate charges for permit fees, regulatory compliance, taxes, fuel, and cleanup will not be accepted. These and all other costs shall be included in the unit price.

There shall be no price increase during the INITITAL TWO-YEAR period of contract. Prices may be adjusted in accordance with the terms of this Agreement with each contract EXTENSION; however, there shall be no annual increases of greater than 5%.

3.6 Delivery. Supplier shall deliver Goods within three business days of a confirmed request for each delivery. Hours of delivery shall be Monday through Thursday, 8 a.m. to 2 p.m.

3.6.1 Business Hours. Within one month of the execution of this Agreement, Supplier shall submit to the City dates Supplier will not be able to deliver Goods due to planned maintenance, holidays or other events that might affect chemical production or delivery.

3.6.2 Chemical Delivery. All chemical fill connections are two-inch male camlock fittings. Supplier’s delivery personnel shall have the applicable adapter/connectors and hoses to complete the chemical delivery. Aqua ammonia deliveries require 2-hour notice to the City prior to arrival.

3.6.3 Minimum Standards. Goods delivered shall meet or exceed all of the current ANSI/AWWA minimum standards.

3.6.4 NSF Certification. The City requires all supplied chemicals to carry NSF 60 certification. "NSF" shall be stamped directly on the delivery paperwork.

3.6.5 Certificate of Analysis. A certificate of analysis (hereinafter referred to as "C of A") is required with each load before the Goods can be unloaded.

3.6.6 Samples. Delivery vehicles shall be equipped to safely provide samples of chemicals, before off-loading.

3.6.7 Weight-Master's Certificate. If the Goods include a chemical, a weightmaster’s certificate shall be included at the time of delivery. The certificates shall show the weight of the material delivered. If a split transport load is handled, Supplier shall furnish a second weightmaster’s certificate within one (1) hour of the original shipment.

3.6.8 MSDS. Under this Agreement, a manufacturer’s MSDS sheet shall be included with the first delivery of the Goods or after any change in composition of the product, a change in manufacturing process, a change in supplier, or a change in labeling/packaging of the product.

3.6.9 For deliveries of chemicals, prior to delivery and after the truck has been loaded, all tanker fill/drain accesses shall be sealed with security tags, the serial numbers recorded and emailed to [email protected]. Tags removed by an authorized agency (e.g., D.O.T., CHP) shall be replaced with a tag from that agency. Broken tags shall be kept with the delivery truck to be shown to the Filtration Plant personnel prior to discarding.

3.6.10 Location. Deliveries shall be made to:
8 55452.01100\33320711.3
3 City of San Clemente
RESERVOIRS 5A, 10, AND 14
Attn: UTILITIES STAFF
Reservoir 5A, 721 Ave. Salvador, San Clemente, CA 92672 Reservoir 10, 9 Via Floritas, San Clemente, CA 92672
Reservoir 14, 4159 ½ Costero Risco, San Clemente, CA 92672

3.6.11 Inspection. Delivery does not constitute acceptance. The City reserves the right to inspect any Goods for conformance with the specifications contained herein. Goods discovered to be in noncompliance shall be returned and immediately replaced with conforming Goods at supplier’s sole expense. The City shall be reimbursed for any additional cost incurred as a result of Supplier’s lack of conformance.

A representative of the City may examine Supplier's inventory and production facilities at any time during the life of this Agreement.

3.6.12 Goods Specification and Quantity Estimate. The City estimates the quantity of Goods to be required for the City’s operation of the Facilities as indicated on Exhibit "A," attached hereto and incorporated by reference herein. For chemicals, weights are based on actual active chemical weight. Quantities of Goods listed may be increased or decreased to meet the requirements of the City during the duration of this Agreement. The City does not guarantee a minimum quantity, and the City reserves the right to purchase more or less product units on an as-needed basis.

3.6.13 Personal Protective Equipment (PPE). Supplier shall wear appropriate PPE when taking chemical samples and off-loading product.

3.6.14 Emergency Spill Plan. In the event of accidents or spills on City property, Supplier shall follow the procedures of its Emergency Spill Plan, attached hereto and incorporated by reference herein as Appendix “1.” The Emergency Spill Plan shall include, at a minimum, the annual training the delivery driver receives to deal with material spills, emergency equipment the delivery truck has on board, the type and frequency of equipment inspections, emergency contact telephone numbers and names of personnel the City can contact in case of problems.

3.6.15 Security. Due to heightened security measures, Supplier shall be required to email a photocopy of the driver's photo identification, security tag serial numbers and trailer identification no later than two hours before delivery.

Contacts Email
Dustin Burnside, Utilities Manager [email protected] Mark Iverson, Chief Operator [email protected]

3.6.16 Safety. All Goods and services furnished, or equipment and PPE used, under this Agreement shall meet or exceed the standards established by the California Occupational Safety and Health Administration and any other applicable federal, state, and local laws, regulations, and ordinances. Supplier compliance shall include, but not be limited to, all relevant U.S. Department of Transportation or Department of Homeland Security regulations pertaining to transportation of hazardous waste, substances and/or materials, as those regulations may be amended from time to time and/or incorporated into state or local laws, regulations and ordinances. If requested, Supplier shall supply to the City information regarding the Supplier's safety ratings, safety audits and implementation of security plans or measures for complying with said regulations.
9 55452.01100\33320711.3
4 3.6.17 Termination. The City reserves the right to terminate this Agreement, in whole or in part, with or without cause and at no cost, except for Goods delivered and accepted prior to notice of termination. The City shall notify Supplier no less than 30 days prior to the date of termination of the Agreement. Reasons for termination of the Agreement for cause include, but are not limited to, the following:
 The Goods are not compatible to the Facility’s equipment or are not providing acceptable process performance;
 Poor Goods quality;
 Poor or unsafe delivery container quality; and/or
 Failure of Supplier to meet any of the Agreement terms and conditions.

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

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

3.6.19 Subcontractors. In the event that Supplier employs other suppliers (subcontractors) as part of the work covered by this Agreement, it shall be Supplier's responsibility to require and confirm that each subcontractor meets the minimum insurance requirements specified above.

3.6.20 Hold Harmless and Indemnification. To the fullest extent permitted by law, Supplier agrees to protect, save, defend and hold harmless the City and its officials, officers, agents, employees, and volunteers from any and all claims, liabilities, expenses or damages of any nature, including attorneys’ fees, for injury or death of any person, or damage to property, or interference with use of property, arising out of or in any way connected with the negligent acts, errors or omissions, violations of the law or willful misconduct by Supplier, Supplier's agents, officers, employees, subconsultants, or independent suppliers hired by Supplier under this Agreement. The only exception to Supplier's responsibility to protect, save, defend and hold harmless the City is due to the sole negligence, willful misconduct or active negligence of the City.

This hold harmless Agreement shall apply to all liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Supplier.

3.6.21 Notice. Any notice required under this Agreement shall be provided as follows:

City of San Clemente: Supplier:
380 Avenida Pico, Bldg N
San Clemente, CA 92672
300 Carlsbad Village Dr., Suite
108A-468, Carlsbad, CA
92008
Attn: Julie Schmidt, Management
Analyst II
Attn: Keith Clardy, Chief
Executive Officer
Notices shall be deemed to be received upon personal delivery to the addresses above; if sent by overnight delivery, upon delivery as shown by delivery service records; if sent by facsimile, upon receipt as confirmed by the sending facsimile equipment; if by United States Postal Service, five days after deposit in the mail.

3.6.22 Records. Supplier shall keep and shall preserve for four (4) years after acceptance of the Goods, accurate and detailed records of all ledgers, books of account, invoices, vouchers, cancelled checks, and other documents or records evidencing or relating to the scope 10 55452.01100\33320711.3
5 of this Agreement and disbursements charged to the City under this Agreement (collectively, “Books and Records”). Any and all Books and Records must be maintained in accordance with generally accepted accounting principles and must be sufficiently complete and detailed so as to permit an accurate evaluation of the services provided by Supplier under this Agreement. During such four (4) year period, Supplier shall give the City and its agents, during normal business hours, access to such Books and Records. The City and its agents shall have the right to make copies of any of the said Books and Records

3.6.23 Compliance with Law. Supplier shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government. Supplier is responsible for all costs of clean up and/or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement.

3.6.24 Time is of the Essence. Time shall be of the essence as to all dates and times of performance contained in this Agreement. If deliveries are not made at the time agreed upon, the City reserves the right to cancel or to purchase elsewhere and hold Supplier accountable therefor. Supplier shall be liable to the City for any loss or damage caused by Supplier’s failure to make timely delivery and/or installation of the Goods, including, without limitation, consequential and incidental damages and costs of obtaining replacement Goods.

3.6.25 Separate Contracts. Supplier understands that this is not an exclusive Agreement and that the City shall have the right to negotiate with and enter into separate contracts with others providing the same or similar services as those provided by Supplier as the City desires.

3.6.26 Integration. This Agreement represents the entire understanding of the City and Supplier as to those matters contained herein, and supersedes and cancels any prior oral or written understanding, promises or representations with respect to those matters covered hereunder. This Agreement may not be modified or altered except in writing signed by both parties hereto. This is an integrated Agreement.

3.6.27 Assignment. Supplier shall not assign any portion of the work to be performed under this Agreement or any of the rights or obligations under this Agreement, without the prior written consent of the City, which consent may be withheld in the City’s sole and absolute discretion. Any attempted assignment in violation of the provisions of this paragraph shall be void.

Subject to the foregoing, this Agreement shall be binding upon the heirs, administrators, successors and assigns of the City and Supplier.

3.6.28 Independent Contractor. Supplier shall act as an independent contractor in the performance of this Agreement and in no respect shall Supplier be considered an agent or employee of the City. No provisions of this Agreement shall be intended to create a partnership or joint venture between Supplier and the City and neither Party shall have the power to bind or obligate the other Party, except as expressly set forth in this Agreement.

3.6.29 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. In the event of any such litigation between the parties, the prevailing party shall be entitled to recover all reasonable costs incurred, including reasonable attorney's fees, as determined by the court.

3.6.30 Third Party Rights. Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and Supplier. 11 55452.01100\33320711.3
6 3.6.31 Severability. The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not render the other provisions unenforceable, invalid or illegal.

3.6.32 Counterparts/Electronic Signature. This Contract may be executed in counterparts, each of which shall constitute an original. This Contract may be executed electronically with the same force and effect as an original ink signature. Bonds, if required, must be signed with original ink signatures and accompanied by notary acknowledgments.

3.6.33 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.

3.6.34 Non-Waiver. None of the provisions of this Agreement shall be considered waived by either party, unless such waiver is specifically specified in writing. [REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
12 55452.01100\33320711.3
7 IN WITNESS WHEREOF, this Agreement is executed by the City and by Supplier on the day and year first written above.

APPROVED AS TO AVAILABILITY
OF FUNDING:
________________________________
Finance Authorization
KAAM GROUP, INC._________
(“SUPPLIER”)

By:_____________________________
Keith Clardy, Chief Executive Officer
Dated: __________________, 2023

By:_____________________________
Amanda Clardy, Chief Financial Officer
Dated: __________________, 2023
13 55452.01100\33320711.3
8 EXHIBIT "A"
Product Specification and Quantity Estimate
and
Supplier's Quotation
Supplier shall supply and deliver the product with the specifications and at the price as listed in the attached bid from KAAM Group, Inc. submitted via Planet Bids on September 27, 2023. 14 55452.01100\33320711.3
9 EXHIBIT "B"

INSURANCE REQUIREMENTS

1. Insurance.

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

1.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Supplier, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Supplier agrees to amend, supplement or endorse the policies to do so.
(a) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office “occurrence” form CG 0001, or the exact equivalent, with limits of not less than $1,000,000 per occurrence and not less than $2,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); or (3) containing any other exclusion(s) contrary to the terms or purposes of this Agreement. (b) Automobile Liability: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering “Any Auto” (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $1,000,000 combined limit for each occurrence. NOTE: If Supplier 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 Supplier’s own vehicle stipulating “Automobile Liability Insurance with a limit of not less than $1,000,000 each accident”; and (2) a nonowned auto endorsement to the Commercial General Liability policy if Supplier 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) Pollution Liability: Pollution Liability Insurance covering all of the Supplier’s operations to include onsite and offsite coverage for bodily injury (including death and mental anguish), property 15 55452.01100\33320711.3
10 damage, defense costs and cleanup costs with minimum limits of $2,000,000 per loss and $4,000,000 total all losses. The policy shall contain no endorsements or provisions limiting contractual liability or coverage for cross liability of claims or suits by one insured against another.

If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained.

1.3 Endorsements. Required insurance policies shall contain the following provisions, or Supplier shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
(a) Commercial General Liability and Pollution Liability:
(1) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional
insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement.

Additional Insured Endorsements shall not (1) be restricted to “ongoing operations”; (2) exclude “contractual liability”; (3) restrict coverage to “sole” liability of Supplier; or (4) contain any other exclusions contrary to the terms or purposes of this Agreement.
(2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.
(b) Automobile Liability:
(1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.
(c) Workers’ Compensation:
(1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.

1.4 Primary and Non-Contributing Insurance. All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents or volunteers shall not contribute with 16 55452.01100\33320711.3
11 this primary insurance. Policies shall contain or be endorsed to contain such provisions.

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

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

1.7 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 Supplier or City will withhold amounts sufficient to pay premium from Supplier payments. In the alternative, City may cancel this Agreement.

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

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

1.10 Requirements Not Limiting. Requirement of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance.
17 55452.01100\33320711.3
12 Appendix “1"

EMERGENCY SPILL PLAN
Supplier shall comply with the emergency spill plan as set for in the attached bid received from KAAM Group, Inc. submitted via Planet Bids on September 27, 2023. 18 55452.01100\33320711.3
13 WORKER’S COMPENSATION INSURANCE CERTIFICATION

WARNING: FAILURE TO SECURE WORKERS’ COMPENSATION COVERAGE IS UNLAWFUL,

AND SHALL SUBJECT AN EMPLOYER TO CRIMINAL PENALTIES AND CIVIL FINES UP TO ONE HUNDRED THOUSAND DOLLARS ($100,000), IN ADDITION TO THE COST OF COMPENSATION, DAMAGES AS PROVIDED FOR IN SECTION 3706 OF THE LABOR CODE, INTEREST, AND ATTORNEY’S FEES.

Dated: ________________________, 20____
________________________________
Supplier
By: ________________________________
________________________________
Title
________________________________
Address
19 n
n
n
Statutory Exemptions. State code number:
_______________________________________________
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:
Attach certified document of exemption finding.
Has a Notice of Exemption been filed by the public agency approving the project? Yes No Signature: ____________________________ Date:
6LJQHG E\ /HDG $JHQF\ 6LJQHGE\ $SSOLFDQW
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
$WWDFKPHQW
City of San Clemente
380 Avenida Pico, Bldg N
San Clemente, CA 92672
Orange
P.O. Box 238
Santa Ana, CA 92702
Purchase Contract with KAAM Group, Inc. for 19% Aqua Ammonia deliveries to City Reservoirs 5A, 10, and 14 City of San Clemente Public Works Department
City Reservoirs 5A, 10, and 14 (see addresses below).

San Clemente Orange
Aqua Ammonia is needed onsite at City Reservoirs 5A, 10, and 14 for the Reservoir Management System for water treatment. Locations: Reservoir 5A, 721 Ave. Salvador, San Clemente, CA 92672; Reservoir 10, 9 Via Floritas, San Clemente, CA 92672; Reservoir 14, 4159 ½ Costero Risco, San Clemente, CA 92672.

City of San Clemente
City of San Clemente
X Section 15301, Class 1 Existing Facilities
Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use.

David Rebensdorf, Public Works Director (949) 361-6130
■
■
20 □
□
□
□
□
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910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING

CITY OF SAN CLEMENTE
Meeting Date: October 17, 2023 Agenda Item: 7K
Department: Public Works/Utilities
Prepared By Julie Schmidt, Management Analyst II
Subject:

CONSIDERATION OF A RESOLUTION AUTHORIZING THE CITY TO JOIN A REGIONAL

CONTRACT BETWEEN THE SOUTH ORANGE COUNTY WASTEWATER AUTHORITY (SOCWA), MILES CHEMICAL, INC., AND SOCWA ENTITIES FOR DELIVERY AND SUPPLY

OF FERRIC CHLORIDE TO THE WATER RECLAMATION PLANT FOR WASTEWATER

TREATMENT, AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT, AND

FINDING THE PROJECT CATEGORICALLY EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT
body
Fiscal Impact:

The funding for the purchase and delivery of Ferric Chloride to the City’s Water Reclamation Plant for wastewater treatment was approved in the Fiscal Year 2023-24 Budget in the Sewer Operating Fund, Account Number 054-472-42150 in the amount of $150,000. Additional funding for any contract renewals will be proposed as part of the City’s annual budget process for future fiscal years.

Summary:

The City Council is being asked to approve the City entering into a regional contract with SOCWA, Miles Chemical, and SOCWA entities for a one-year term for the delivery and supply of Ferric Chloride to the City’s Water Reclamation Plant (WRP) for wastewater treatment and authorize the Public Works Director to approve up to four annual renewals to the contract for amounts not to exceed the approved budget amounts for this chemical in each appropriate fiscal year. The Agenda Item from the SOCWA Board of Directors Meeting on August 3, 2023 related to this contract can be found at Attachment 3.

Background:

Ferric Chloride is a chemical that is necessary for wastewater treatment to maintain compliance with air quality regulations for sulfides in digester gas, control treatment plant odors, and ensure consistent settling in the wastewater treatment process. The City of San Clemente partners with SOCWA and other agencies that are collectively referred to as SOCWA entities in the joint contract (including Santa Margarita Water District, El Toro Water District, City of San Clemente, and Moulton Niguel Water District) to purchase wastewater treatment chemicals, and SOCWA entities have a long history of partnering to purchase bulk chemical supplies to reduce the cost of chemicals.

There are only a few Ferric Chloride manufacturers in the western United States, and SOCWA staff reviewed recent Ferric Chloride requisitions from around Southern California and found that three companies were responding to requests for proposals to provide Ferric Chloride. SOCWA 1 Meeting Date: October 17, 2023 Agenda Item: 7K

CITY OF SAN CLEMENTE
staff also reviewed two recently completed bidding processes in Southern California, and Miles Chemical was the recent low bidder and SOCWA’s most recent Ferric Chloride provider. SOCWA determined that the recent procurement processes were consistent with SOCWA’s cooperative purchasing or piggyback processes and a new contract with Miles Chemical was approved.

The City has previously participated in a joint contract through SOCWA for the purchase and delivery of Ferric Chloride which has expired. SOCWA has entered into an initial one-year contract with Miles Chemical, with four optional annual renewals which will be negotiated at the expiration of each term. The new contract reflects a 26.36% increase over previous pricing which is due to price increases from hydrochloric acid (HCl) supply chain disruptions. Another factor in the increased pricing is the government ban on asbestos diaphragms used to produce HCl and other chlor-alkali products which has significantly reduced the production of HCl nationwide while plants convert to the newer and more expensive asbestos-free technology. Utilities staff anticipated this significant cost increase for Ferric Chloride and budgeted for a 36% increase, which will cover the increased costs under the new contract.

Council Options:
 Adopt Resolution No. 23-121, granting approval for the City to enter into the regional contract with SOCWA, Miles Chemical, and SOCWA entities for a one-year term for the delivery and supply of Ferric Chloride to the City’s Water Reclamation Plant (WRP), authorizing the City Manager to execute the contract, and authorizing the Public Works Director to approve up to four annual renewals to the contract for amounts not to exceed the approved budget amounts for this chemical in each appropriate fiscal year.
 Modify and adopt Resolution No. 23-121.
 Continue the item and direct staff to provide additional information.  Deny Resolution No. 23-121 and deny the approval of the purchase of Ferric Chloride through the joint contract.

Environmental Review/Analysis:

Staff recommends that the City Council determine this action to be categorically exempt from CEQA under Class 1 (Existing Facilities, 14 CCR section 15301) of the State CEQA Guidelines.

A notice of exemption will be filed with the County of Orange Recorder's Office. (See attachment 4).

Recommended Actions:

Staff Recommendation
STAFF RECOMMENDS THAT the City Council adopt Resolution No. 23-121, which will:

1. Find the project categorically exempt from CEQA under Class 1 (Existing Facilities, 14 CCR section 15301) of the State CEQA Guidelines;

2. Approve the City entering into the regional contract with SOCWA, Miles Chemical, and SOCWA entities for a one-year term for the delivery and supply of Ferric Chloride to the City’s Water Reclamation Plant (WRP) and authorize the City Manager to execute the contract; and 2 Meeting Date: October 17, 2023 Agenda Item: 7K

CITY OF SAN CLEMENTE

3. Authorize the Public Works Director to approve up to four annual renewals to the contract for amounts not to exceed the approved budget amounts for this chemical in each appropriate fiscal year.
..end
Attachments:

1. Resolution No. 23-121

2. Joint Contract with SOCWA, Miles Chemical, and SOCWA Entities

3. SOCWA Agenda Item 5.D. dated August 3, 2023

4. CEQA Notice of Exemption Form
Notification:

None.
3 RESOLUTION NO. 23-121

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, AUTHORIZING THE CITY

TO ENTER INTO A REGIONAL CONTRACT BETWEEN THE

SOUTH ORANGE COUNTY WASTEWATER AUTHORITY
(SOCWA), MILES CHEMICAL, INC., AND SOCWA ENTITIES

FOR DELIVERY AND SUPPLY OF FERRIC CHLORIDE TO

THE WATER RECLAMATION PLANT FOR WASTEWATER

TREATMENT, AUTHORIZING THE CITY MANAGER TO

EXECUTE THE CONTRACT, AUTHORIZING THE PUBLIC

WORKS DIRECTOR TO APPROVE UP TO FOUR ANNUAL

RENEWALS, AND FINDING THE PROJECT

CATEGORICALLY EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT
WHEREAS, the City of San Clemente provides maintenance and operation of the City’s sanitary sewer collection and treatment system infrastructure in order to ensure wastewater service to protect public health and safety, in compliance with all local, state and federal regulatory requirements; and
WHEREAS, the City of San Clemente Water Reclamation Plant treats wastewater through a series of physical, biological, and chemical treatment processes to meet regulatory requirements; and
WHEREAS, Ferric Chloride is a chemical that is necessary for wastewater treatment to maintain compliance with air quality regulations for sulfides in digester gas, control treatment plant odors, and ensure consistent settling in the wastewater treatment process; and
WHEREAS, in the past, the City of San Clemente has partnered with SOCWA and other agencies that are collectively referred to as SOCWA entities in the joint contract (specifically, Santa Margarita Water District, El Toro Water District, and Moulton Niguel Water District) to purchase wastewater treatment chemicals; and WHEREAS, SOCWA staff reviewed recent Ferric Chloride requisitions from around Southern California, and reviewed two recently completed bidding processes in Southern California, and Miles Chemical, Inc. was the recent low bidder and SOCWA’s most recent Ferric Chloride provider; and
WHEREAS, SOCWA has entered into an initial one-year contract with Miles Chemical for Ferric Chloride, with four optional annual renewals which will be negotiated at the expiration of each term; and
WHEREAS, the City of San Clement and the other SOCWA entities can join the regional contract for the delivery and supply of Ferric Chloride; and WHEREAS, joining the regional contract with SOCWA, Miles Chemical, and SOCWA Attachment 1
4 Resolution No. 23-121 Page 2
entities is in the best interests of the City and the public.

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

Section 1. That the above recitals are true and correct and incorporated herein as findings.

Section 2. That this project is categorically exempt from the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities, 14 CCR section 15301) of the State CEQA Guidelines because it consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use, and there is no reasonable possibility that the activity will have a significant direct or foreseeable indirect effect on the environment.

Section 3. That approval is hereby granted for the City to enter into the regional contract with SOCWA, Miles Chemical, Inc. and SOCWA entities for a one-year term for the delivery and supply of Ferric Chloride to the City’s Water Reclamation Plant (WRP). The City Manager is authorized and directed to execute that contract in a form substantially similar to that presented to the City Council on October 17, 2023. The Public Works Director is authorized to approve up to four annual renewals to such contract for amounts not to exceed the approved budget amounts for this Ferric Chloride in each appropriate fiscal year.

Section 4. That staff is authorized and directed to take such other and further actions and execute such other and further documents as may be necessary to accomplish the purpose of this resolution.

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

PASSED AND ADOPTED this _____ day of ____________________, 2023.

ATTEST:
___________________________ __________________________
City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California
5 Resolution No. 23-121 Page 3

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 23-121 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:

CONTRACT SERVICES AGREEMENT BETWEEN THE SOUTH ORANGE COUNTY

WASTEWATER AUTHORITY AND OTHER PUBLIC ENTITIES AND PROVIDER FOR THE

DELIVERY AND SUPPLY OF CHLOR-ALKALI PRODUCTS TO SOCWA WASTEWATER

TREATMENT FACILITIES
This Agreement is made and entered into this August 1, 2023 (“Effective Date”), between on the one hand, the South Orange County Wastewater Authority (“SOCWA”), Santa Margarita Water District(“SMWD”), El Toro Water District (“ETWD”), City of San Clement (“CSC”), Moulton Niguel Water District (“MNWD”) and, on the other hand, Miles Chemicals, Inc. (“PROVIDER”). For purposes of this Agreement, SOCWA, SMWD, ETWD, CSC, MNWD are collectively referred to as “SOCWA Entities” and are individually referred to as an “Agency of the SOCWA Entities”. SOCWA Entities and PROVIDER may be referred to in this Agreement from time to time as “party” or “parties”.

RECITALS
WHEREAS, the SOCWA Board of Directors on August 3, 2023, authorized SOCWA to acquire certain services for the supply and delivery of Ferric Chloride as outlined herein; and WHEREAS, the SOCWA Entities desire to secure contract services for the provision of providing chlor-alkali products for the referenced treatment facilities; and WHEREAS, PROVIDER represents that it has the necessary equipment, land, permits, and skills required to perform the necessary contract services.

NOW, THEREFORE, SOCWA and PROVIDER agree as follows:

SECTION 1 PROVIDER’S SERVICES
PROVIDER will supply cholr-alkali products to the facilities listed below in the product specifications and per ton price as found in Attachment 1. During the hours of 7:00 AM and 3:00 PM, Monday through Friday. All Ferric Chloride shall be delivered within five (5) working days of the request. If the supplier is unable to deliver a requested quantity within the terms stated above, the Owners may purchase on the open market such additional Ferric Chloride that might be necessary for their use and consumption. If the cost of the product procured results in increased operating costs, Provider shall be responsible for the difference in costs.

Each shipment of Ferric Chloride delivered shall have a certified weight statement included with the delivery.

It is estimated that SOCWA will require an annual quantity of approximately 380,000 gallons of ferric chloride. However, no representation is made as to the total quantity that will be used during this period. This product will be used for controlling sulfides in the digester gas, although the Owners reserve the right to use it for other applications. Present projections indicate ferric chloride will be required on a fairly uniform basis throughout the supply period, but no assurances for this are given.

Deliveries shall be 5,000 gallons or less by tank truck for discharge to a bulk storage tank. All transportation equipment shall be thoroughly cleaned, and free from scale and other foreign matter. All truck connecting piping and valves shall be inspected before shipment and shall be in proper operating condition upon delivery. Defective tank trucks from which Ferric Chloride cannot be withdrawn will be rejected and returned at the manufacturer’s expense. Provider shall inspect the storage and transfer facilities to ensure compatibility with trucks prior to commencing delivery.

Attachment 2
7 2
All Ferric Chloride shall be delivered within five (5) working days of the request. If the supplier is unable to deliver a requested quantity within the terms stated above, the Owners may purchase on the open market such additional Ferric Chloride that might be necessary for their use and consumption. If the cost of the product procured results in increased operating costs, Provider shall be responsible for the difference in costs.

1.1 South Orange County Wastewater Authority Facilities • J.B. Latham Treatment Plant
34156 Del Obispo St.

Dana Point, CA 92629
• Coastal Treatment Plant
28303 Alicia Parkway
Laguna Niguel, CA 92677
• Regional Treatment Plant
29201 La Paz Road
Laguna Niguel, CA 92677
Santa Margarita Water District Facilities
• Chiquita WRF
28792 Ortega Highway
San Juan Capistrano, CA 92690
• Oso Creek WRP
27204 E. La Paz Road
Mission Viejo, CA 92690
• Nichols WRF
33608 Ortega Highway
San Juan Capistrano, CA 92690
City of San Clemente
• Water Reclamation Plant
380 Avenida Pico
San Clemente, CA 92672
El Toro Water District Facilities
• Water Recycling Plant
23542 Moulton Parkway
Laguna Hills, CA 926533
• R-6 Reservoir
24251 Los Aliso Blvd.

Lake Forest, CA 92630
//
//
8 3
Moulton Niguel Water District
• 3A
62801 Camino Capistrano
Laguna Niguel, CA 92677

1.2 Provider represents and warrants that it is and will at all times during the performance of this Agreement remain aware of existing, revised, proposed, and new federal, State of California (“State”) and local rules and regulation (collectively, the “Regulation”) covering its activities in connection with the work. Changes in Provider’s practices necessitated by any revision to such Regulations will be brought to the attention of the SOCWA Entities sufficiently in advance of implementation. The SOCWA Entities will not be responsible and has no duty for notifying the Provider of any changes in Regulations regarding the operation or permitting of the Provider’s facility or equipment or Provider’s duties and obligations under this Agreement. Changes in any Regulations will not constitute justification for amendments to this Agreement or any alteration or diminution in the duty and responsibility of Provider to provide the required services hereunder.

1.3 All equipment utilized in connection with Provider’s operation shall be fully licensed by all applicable agencies to operate on the highways of the State and any other states as applicable.

Provider shall be responsible for ensuring that all licenses are current. The Provider shall be fully responsible for the proper licensing and training of its personnel. Provider shall produce evidence that Provider’s firm has developed programs required under the Omnibus Transportation Employee Testing Act of 1991. Provider shall be required to complete a hazardous materials manifest(s) prior to the transportation of every load to SOCWA facilities.

1.4 The Provider shall be responsible for cleaning up and removing all trash, grease, oil and debris that is the result of the specified work. All of the Providers equipment shall be kept clean and shall maintain a neat appearance. Cleaning or servicing of equipment shall not be undertaken at any SOCWA facility except for emergency repairs. Any spills or discharge at the SOCWA Entities facilities resulting from Provider’s operation will be promptly cleaned up by Provider.

1.5 Provider hereby certifies in witting that, to the best of its knowledge, the Provider safety programs and related employee training meets or exceeds all applicable local, State and Federal regulatory requirements for:
• Injury and Illness Prevention Program
• Emergency Action Plan
• Hazard Communication Program
• Personal Protective Equipment

1.5.1 In addition, Provider must adhere to all aspects of SOCWA’s Safety Program whenever the Provider or Provider’s field personnel, including any subcontractors of Provider are performing work in and around SOCWA’s treatment facilities. Provider acknowledges that SOCWA has provided, and Provider has received, a copy of SOCWA’s Safety Program.

SECTION 2 TERM OF AGREEMENT

2.1 The term of this Agreement will be from the effective date as first written above until August 1, 2024. The Agreement may be extended for additional four (4) one-year periods, not to exceed five (5) successive extensions, if agreed upon in writing by the SOCWA Entities and the Provider. Price increases, if any, for the extension periods, will be negotiated to the satisfaction of both parties and will not occur at a frequency of more than once per year, coinciding with the anniversary date of 9 4
the Effective Date. The extension must be agreed upon at least sixty (60) days prior to the termination of the Agreement unless otherwise waived by the Parties.

SECTION 3 COMPENSATION FOR SERVICES

3.1 Ferric Chloride at $1,232.00 per dry ton for full loads (40,000+ dry tons), $1,425.00 per dry ton for loads of 20,000 to <40,000 dry tons and $1,545.00 per dry ton for loads of 10,000 to <20,000 dry ton, plus applicable fees and taxes including applicable charges for split load deliveries.

Rates effective 11/1/23 to 11/1/24
Thereafter subject to market adjustment based on prior negotiations and agreement between SOCWA Entities and Provider.

SECTION 4 PAYMENTS FOR SERVICE

4.1 Compensation will be billed monthly by Provider per the SOCWA requested format and will be based upon the actual work performed during the designated time period. Invoices will include delivery date(s), location of delivery and shall be submitted to the Agency of the SOCWA Entities to where deliveries originated as set forth below in this Section 4. Each Agency of the SOCWA Entities, respectively, will make payment to Provider within thirty (30) calendar days of receipt and approval of the invoices by such agency, provided all required documentation is attached to such invoices. Each Agency of the SOCWA Entities agrees with the other Agencies of the SOCWA Entities that each shall be responsible for payment of the contract services provided by Provider to such Agency’s facilities or plants.

To receive the timely payment of Providers’ s invoices, send billings to:

For services rendered for SOCWA Facilities:
email invoices to [email protected]
• Invoice MUST include a PO # for respective plant where delivery was made. • SOCWA’s Fiscal Year End is June 30th all invoices must be submitted for payment by the 15th of the previous month.

For services rendered for SMWD Facilities:

Mail invoices to: SMWD - Accounts Payable
PO Box 7005
Mission Viejo, CA 92690-7005.

For services rendered for ETWD Facilities:

Mail invoices to: ETWD-Accounts Payable
PO Box 4000
Laguna Hills, CA 92654
//
//
10 5
For services rendered for the City of San Clemente WRP Facility:

Mail invoices to: City of San Clemente-Attn: Accounts Payable 380 Avenida Pica, Bldg. N
San Clemente, CA 92672
For services rendered for MNWD Facilities:

E -Mail invoices to: [email protected]

4.2 Acceptance and payment by the Agency of the SOCWA Entities for services furnished hereunder, will not in any way relieve the Provider of its responsibility to provide services n strict accordance with Regulations. Neither an Agency of the SOCWA Entities acceptance of, nor payment for any services will be construed to operate as a waiver of any rights an Agency of the SOCWA Entitie4s have under this Agreement or of any cause of action or claim arising out of the performance of this Agreement.

SECTION 5 TERMINATION OF AGREEMENT

5.1 If, during the term of this Agreement, SOCWA, SMWD, ETWD, MNWD or CSC determines that Provider is not faithfully abiding by any term or condition contained herein, any (or all) such agencies (“affected agencies”) may notify Provider in writing of such defect or failure to perform.

Such notice must allow Provider a ten (10) calendar day period thereafter in which to perform services or cure the deficiency related to the affected agency’s specified SOCWA Entities facility (ies) within the specified period. After such 10-day period, if the Provider has not satisfactorily performed the services or cured the deficiency, this will constitute a breach of this Agreement, and the affected agency specified may terminate the Agreement as it applies to such affected agency and such SOCWA Entity facility (ies) immediately by written notice to Provider. At such time, neither party will have any further duties, obligations, responsibilities, or rights under this Agreement. In said event, Provider will be entitled to the reasonable value of its services performed from the beginning of the period in which the breach occurs, up to the day it received the affected agency’s notice of termination, minus any offset from such payment representing the affected agency’s damages from such breach. In no event, will Provider be entitled to receive in excess of compensation as specified under Section 3 of this Agreement.

SECTION 6 LIABILITY

6.1 Provider is an independent contractor and not an employee of the SOCWA Entities. No permitted or required approval by any of the SOCWA Entities hereunder or in connection with Provider’s services will be construed as making the SOCWA Entities responsible for the manner in which Provider performs such services. Such approvals are intended only to give the SOCWA Entities the right to satisfy themselves with the quality of work performed by Provider.

6.2 Provider will indemnify, defend and hold harmless the SOCWA Entities, the member agencies of SOCWA, and each of their officers, directors, agents and employees (collectively and individually the “indemnitees”), from and against all claims, demands, losses, damages, costs, expenses, and legal liability arising from, connected with, or resulting from or claimed to have arisen out of, in connection with or resulted from, Provider’s services and work hereunder including (a) bodily injury to or death of persons, and personal injury, including but not limited to, third parties and employees, directors and officers the indemnitees, Provider, and third parties, and damage or injury 11 6
to natural resources (b) violation of any Regulations, including but not limited to strict liability imposed by Regulations; (c) and any other claims, demands, losses, damages, costs, expenses, attorneys’ fees and liability connected with or arising from, or as a result of Provider’s services or work under this Agreement; excepting only such claims, losses, demands, damages, costs, expenses, attorneys’ fees and liability caused by the sole negligence or willful misconduct of the indemnitees.

Provider Acknowledges that any claim, demands, losses, damages, costs, expenses, and legal liability that arise out or result from or are in any way connected with the release or spill of any hazardous (as designated under the Regulations) material, by-product or residue as a result of the services or work performed under this Agreement by Provider or its subcontractors are expressly within the scope of this indemnity, and that the costs, expenses, and liability for (a) environmental investigations, monitoring, containment, abatement, removal, repair, cleanup, restoration and remedial work; (b) penalties and fines arising from the violation of the Regulations; and (c) attorneys’ fees, disbursements and other response costs, are all expressly within the scope of this indemnity.

Provider shall, on the indemnitee’s request, defend any action, claim or suit asserting a claim covered by this indemnity clause. Provider shall pay all costs that may be incurred by the indemnitees in enforcing this indemnity, including reasonable attorney’s fees. This indemnity obligation shall survive the termination of this Agreement by any party hereto.

6.2.1 SOCWA shall indemnify SMWD, ETWD, MNWD, and CSC in their individual entity capacities and not as a member agency of SOCWA, and each of their respective officers, directors, employees and agents against, and shall hold and save them and each of them harmless from, and all actions, claims, damages to persons or property, penalties, obligations or liabilities of any kind that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, governmental entity or agency or other organization arising out of or in connection with the negligence or willful misconduct of SOCWA in the performance of this Agreement related to the SOCWA RTP, JBL and the CTP.

6.2.2 SMWD shall indemnify SOCWA, and its member agencies (excluding SMWD), ETWD, MNWD, and CSC and each of their respective officers, directors, employees and agents against, and shall hold and save them and each of them harmless from any and all actions, claims, damages to persons or property, penalties, obligations or liabilities of any kind that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, governmental entity or agency or other organization arising out of or in connection with the negligence or willful misconduct of SMWD in the performance of this Agreement related to SMWD’s Chiquita WRF, Oso Creek WRP and Nichols WRP.

6.2.3 CSC shall indemnify SOCWA, and its member agencies (excluding CSC), ETWD, MNWD, and SMWD and each of their respective officers, directors, employees and agents against, and shall hold and save them and each of them harmless from any and all actions, claims, damages to persons or property, penalties, obligations or liabilities of any kind that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, governmental entity or agency or other organization arising out of or in connection with the negligence or willful misconduct of CSC in the performance of this Agreement related to CSC WRF.

6.2.4 ETWD shall indemnify SOCWA, and its member agencies (excluding ETWD), CSC, MNWD, and SMWD and each of their respective officers, directors, employees and agents against, and shall 12 7
hold and save them and each of them harmless from any and all actions, claims, damages to persons or property, penalties, obligations or liabilities of any kind that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, governmental entity or agency or other organization arising out of or in connection with the negligence or willful misconduct of ETWD in the performance of this Agreement related to the ETWD WRP and R-6 Reservoir.

6.2.5 MNWD shall indemnify SOCWA, and its member agencies (excluding MNWD), CSC, SMWD, and ETWD and each of their respective officers, directors, employees and agents against, and shall hold and save them and each of them harmless from any and all actions, claims, damages to persons or property, penalties, obligations or liabilities of any kind that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, governmental entity or agency or other organization arising out of or in connection with the negligence or willful misconduct of MNWD in the performance of this Agreement related to the MNWD 3a Treatment Plant.

SECTION 7 INSURANCE

7.1 In addition to the requirements set forth below in this Section 7, during the course of the Agreement, Provider will pay for and maintain, in full force and effect, all insurance required by any governmental agency having jurisdiction to require particular insurance of Provider in connection with or related to the services covered under this Agreement.

7.2 Provider will furnish satisfactory proof by certificate or otherwise as may be required by the SOCWA Entities that it has taken out public or commercial liability and property damage insurance naming the SOCWA, its member agencies, ETWD, SMWD, MNWD and CSC, and each of their directors, officers, agents and employees as additional insureds under such policies, in accordance with the terms of this Agreement (see Section 7.5). Provider shall furnish each individual Agency of the SOCWA Entities herein with certificates of insurance naming each such individual entity as an additional insured.

7.3 The insurance will be comprehensive in form and cover all indemnity and other contractual obligations set forth in this Agreement, and will insure against (1) claims, loss or damages on account of bodily injury and personal injury, including death resulting therefrom, caused or alleged to have been caused directly or indirectly from the performance or execution of this Agreement or performance of services hereunder by Provider, its employees, officers, agents and any subcontractor thereof and (2) claims, loss or damages to any property caused or alleged to have been caused directly or indirectly by the performance or execution of the Agreement or performance of the services hereunder by Provider, its employees, officers and agents and any subcontractor thereof. Such insurance will also adequately insure against all injury, death, claims, loss, damage or accidents caused by or alleged to have been caused directly or indirectly by the use and operation of automobiles, trucks and/or other mobile or stationary equipment. Provider will maintain worker’s compensation insurance, including occupational disease provisions, under the laws of the State or other state (as applicable) and employer’s liability insurance for the benefit of its employees. All said public or commercial liability and auto liability and other insurance will be for the period of performance under this Agreement and shall be on a per occurrence basis and any and all aggregate amounts, if applicable, must be stated in the certificates provided hereunder. The amounts of coverage of said insurance will not be less that the following:
13 8

INSURANCE COVERAGE AMOUNT PER OCCURRENCE
General Liability- Bodily, Personal Injury;
Property Damage
$3,000,000
Auto Liability – Bodily, Personal Injury;
Property Damage
$1,000,000
Employers Liability – Bodily Injury by
Accident
$1,000,000
Employers Liability – Bodily Injury by
Disease
$1,000,000

7.4 Said policies will have a clause providing that thirty (30) calendar days written notice by registered mail will be given to the SOCWA Entities proper to any cancellation or amendment to such policies, Such insurance will be issued and underwritten by insurance companies having at least an A- policyholders rating and financial rating not less than Class VII in accordance with the most current Best’s Rating Guide – Property/Casualty and which will be admitted and licensed to do business in the State and have an agent for service of process in the State. Provider may satisfy the limit requirements in a single policy or multiple policies, provided, however, that any such additional policies written as excess insurance will not provide any less coverage than that provided by Provider’s first or primary policy. All policies of insurance and certificates of insurance showing compliance with the terms of this Section 7 will be furnished to each Agency of the SOCWA Entities concurrently with Provider’s execution of this Agreement and upon renewal thereafter.

7.5 All of the above policies of insurance shall be primary insurance and shall name “SOCWA, the SOCWA member agencies, SMWD, ETWD, MNWD, and CSC, and each of their officers, employees, directors and agents” as additional insureds (the Additional Insureds) by endorsements.

The insurer shall waive all rights of subrogation and contribution it may have against the Additional Insureds and their respective insurers and the certificates of insurance shall set forth the waiver of subrogation by separate endorsement as necessary. In the event any of said policies or insurance are canceled, Provider shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section 7 to each participating agency. No work or services under this Agreement shall commence until Provider has provided the SOCWA Entities with certificates of insurance and endorsements and said certificates of insurance and endorsements are approved by the SOCWA Entities.

7.6 In the event Provider subcontracts any portion of the services under this Agreement, the contract between Provider and such subcontractor shall require the subcontractor to maintain the same policies of insurance that Provider is required to maintain pursuant to this Section 7, and to name the Additional insureds under the policies identified above, in accordance with all of the requirements of this Section 7.

7.7 Nothing in the insurance requirements set forth in this Agreement is to be construed as limiting the liability of Provider or Provider’s insurers. Provider agrees that the provisions of Section 7 shall not be construed as limiting in any way the extent to which Provider may be held responsible for the payment of damages or other costs to the SOCWA Entities or to SOCWA members agencies, 14 9
or any persons or property, resulting from Provider’s activities or the activities of any person or persons for which Provider is otherwise responsible including Provider’s subcontractors.

SECTION 8 ADDITIONAL PROVISIONS

8.1 This Agreement represents the entire understanding of the SOCWA Entities and Provider as to those matters contained herein. No prior oral or written understanding will be of any force or effect with respect to those matters covered hereunder. This Agreement may not be modified or altered except in writing signed by all parties. Provider represents and warrants that its Authorized representative, SOCWA’s General Manager or his/her designee has been duly and validly authorized to enter into this Agreement. Any notice required or permitted to be given hereunder in not otherwise specified herein may be given or delivered by depositing the same in the United States Post Office, registered or certified, postage prepaid, or by personal service a hand delivery, and addressed to:

To SOCWA: Jeanette Cotinola, Contracts Administrator
34156 Del Obispo St.

Dana Point, CA 92629
949-234-5430
To Provider: Miles Chemicals Inc.

Attn: Dan Zinman
12801 Rangoon St.

Arleta, CA 91331

8.2 The Provider shall not assign this Agreement, nor any part thereof, nor any monies due, or to become due hereunder, without prior written consent of the SOCWA Entities. Any assignment by the Provider without the SOCWA Entities’ approval shall be cause for termination of this Agreement at the sole option of the SOCWA Entities. In no event shall any contractual relationship be created between any third party and the SOCWA Entities.

8.3 In the event an action is filed by either party to enforce any rights or obligations under this Agreement, the prevailing party will be entitled to recover all attorney’s fees and court costs, in addition to any other relief granted by the Court.

8.4 The provisions of this Agreement will be interpreted and enforced in accordance with the laws of the State of California.

8.5 Each Agency of the SOCWA Entities acknowledges and agrees with the other Agency of the SOCWA Entities that this Agreement is not intended to establish a joint exercise of powers arrangement under and pursuant to laws of the State with respect to the contractual matters hereunder among such agencies; further, SMWD, ETWD, MNWD, and CSC each agree that the existing joint powers agreement establishing SOCWA and the joint powers arrangements established pursuant to that agreement, have no bearing or effect on this Agreement and the application thereof to the SMWD facilities, ETWD facilities, MNWD facility, or the SCS WRP.

8.6 This Agreement may be executed in counterparts, each of which shall be deemed an original. [Signatures on next page]
//
//
15 16
IN WITNESS WHEREOF, the patties hereto have caused this instrument to be executed the day and year first above written.

PROCOPIO, CORY, HARGREAVES & SA YITCH LLP
~~a!C&~
Adriana Ochoa

SANTA MARGARITA WATER DISTRICT

GENERAL MANAGER

CITY OF SAN CLEMENTE
BY:
------------------

GENERAL MANAGER

EL TORO WATER DISTRICT
BY: ------------------

GENERAL MA AGER

MOULTON NIGUEL WATER DISTRICT
BY:
--- ---------------

GENERAL MANAGER
MILES CHEMICALS, INC.

BY: _________________ _
TITLE: -----------------
10 DATE: a/3/z3
DATE: Av"'.

DATE: -------
DATE: ______ _
DATE: ______ _
DATE: ______ _
11 Attachment 1
Chlor-Alkali RFP Specification
(AS ACCORDING TO REQUEST FOR PROPOSAL)
17 12
18 SPECIFICATIONS VAlUE
Genera.I
Specific gravity 1.41 - 1. 51
Iron salts (% wt. ) 37-43
Ferric Iron (% wt.) 13.8 - 16.2
Ferrous Iron (% wt.} < 2.5
Free acid as i.1£1 (% wt.) < 1
Insoluble matter (% wt.) < 0.5
Crystallization 37% FeCl3 -15 ggg, F
Crystallization 40%, FeCl3 10 9fill.. F
Sulfur 2000 mg/ l
Heavy M.eta Is (mg/I)
Arsenic < 0.5
Barium < 4.0
Beryllium < 1.0
Cadmium < 2.0
Chromium < 45
Copper < 35
Lead < 10
Selenium < 1
Manganese :5. 500
Silver 1.0
Mercury < 0.01
Molybdenum < 3.0
Nickel < 40
Vanadium < 10
Zinc < 30
~
Miscellaneous (mg/I)
ND
Agenda Item 5.D.

Budgeted: Yes
Budget Amt: PC2 $300,000, PC 15
$105,000, PC 17 $475,000, Total 880,000
Line Item: PC 2, 15, & 17 Lines 5008
Legal Counsel Review: No
Meeting Date: August 3, 2023
TO: Board of Directors
FROM: Jim Burror, Acting General Manager/Director of Operations STAFF CONTACT: Jeanette Cotinola, Procurement/Contracts Manager SUBJECT: One (1) Year Contract Award to Miles Chemical for Ferric Chloride [Project Committees 2, 15 and 17]
Summary
The Ferric Chloride chemical contract with Miles Chemical expires in August. This chemical is necessary to maintain compliance with air quality regulations for sulfides in digester gas, control treatment plant odors, and ensure consistent settling in the wastewater treatment process.

The Board is being requested to approve a one (1) year contract with Miles Chemical for Ferric Chloride at $1,232 per dry ton, plus applicable fees and taxes, including applicable charges for split load deliveries, with up to four (4) annual renewals.

Discussion/Analysis
There remain only a few Ferric Chloride manufacturers in the western parts of the United States. Staff reviewed recent Ferric Chloride requisitions from around Southern California and found that three (3) companies were responding to requests for proposals to provide Ferric Chloride. SOCWA staff also found two bidding processes were recently completed in Southern California.

The recent bids for ferric chloride ranged from $1,233 to 2,040 per ton. Staff reviewed the recent procurement processes and found they were consistent with SOCWA’s cooperative purchasing or piggyback processes. SOCWA staff contacted the lowest bidder, and they offered the recently bid lowest price of $1,233 per ton (40+ ton deliveries) to SOCWA with options for extensions. The list of offered prices is below:

Miles Chemical was the recent low bidder and SOCWA’s current ferric chloride provider. The proposed one (1) year Contract is an increase of 26.36% over the current contract pricing. The increase is from $975 to $1,232 per ton. The high ferric chloride prices are due to price increases Volume Current Price Proposed Price Inc %
Dry ton (40k+) $975.00 $1,232.00 26.36%
Dry ton (>40k) $1,095.00 $1,425.00 30.14%
Dry ton (>20k) $1,216.00 $1,545.00 27.06%
52 Attachment 3
19 Contract Award to Miles Chemical for Ferric Chloride Page 2 of 3 August 3, 2023
from hydrochloric acid (HCl) supply chain disruptions. Additionally, the Federal government has banned the asbestos diaphragms used to produce HCl and other chlor-alkali products. This ban has restricted our nation’s production of HCl, and other chlor-alkali products, while the existing plants convert to the newer and more expensive asbestos-free technology.

Prior Related Project Committee or Board Action(s)
None
Fiscal Impact
The impact on each of the Project Committees will be a 26.36% increase over last year's expenses for ferric chloride. Only a 6% increase was estimated when the budget was initially estimated in April 2023.

The estimated impact of the 26.36% increase to the member agencies by PC is:

///
///
///
///
PC2 Price inc. Solids O&M
MNWD $13,523 17.10%
SMWD $50,690 64.10%
SCWD $14,867 18.80%
Total $79,080 100.00%
PC15 Price inc. Solids O&M
CLB $14,855 53.67%
EBSD $637 2.30%
MNWD $0 0.00%
SCWD $12,187 44.03%
Total $27,678 100.00%
PC17 Price inc. Solids O&M
CLB $16,428 13.12%
EBSD $701 0.56%
ETWD $13,460 10.75%
MNWD $18,982 15.16%
SCWD $75,639 60.41%
Total $125,210 100.00%
53 20
Contract Award to Miles Chemical for Ferric Chloride Page 3 of 3 August 3, 2023
Recommended Action: Staff recommends the Board of Directors to authorize the Acting General Manager/Director of Operations to enter into a one (1) year contract with up to four (4) optional annual renewals with Miles Chemical, Inc. for Ferric Chloride at the following pricing:

Agency Total
CLB $31,282
EBSD $1,338
ETWD $13,460
MNWD $32,505
SMWD $50,690
SCWD $102,693
Total $231,968
Volume
Proposed Price
(per dry ton)
Dry ton (40k+) $1,232.00
Dry ton (>40k) $1,425.00
Dry ton (>20k) $1,545.00
54 21
22 □
Attachment 4
Notice of Exemption Appendix E
To: Office of Planning and Research
P .0 . Box 3044, Room 113
Sacramento, CA 95812-3044
County Clerk
County of: _o_ra_n_g_e _ _ __ _
P.O. Box238
Santa Ana, CA 92702
From: (Public Agency): City of San Clemente
380 Avenida Pico, Bldg N
San Clemente, CA 92672
(Address)
Project Title: Regional contract for delivery and supply of Ferric Chloride to the City's Water Reclamation Plant Project Applicant: City of San Clemente Public Works Department Project Location - Specific:

San Clemente Water Reclamation Plant, 380 Avenida Pico, San Clemente, CA 92672 Project Location - City: San Clemente Project Location - County: _o_r_a_ng_e ____ _ _ Description of Nature, Purpose and Beneficiaries of Project:

Regional contract through the South Orange County Wastewater Authority (SOCWA), Miles Chemical, Inc. and SOCWA entities for the delivery and supply of Ferric Chloride to the City's Water Reclamation Plant.

Name of Public Agency Approving Project: _C_it_y_o_f_S_a_n_C_ le_m_e_n_t_e ____ _________ _ Name of Person or Agency Carrying Out Project: _C_it_y_o_f_S_a_n_C_ le_m_e_n_t_e ___________ _ Exempt Status: (check one):
□ Ministerial (Sec. 21080(b)(1); 15268);
□ Declared Emergency (Sec. 21080(b)(3); 15269(a));
D Emergency Project (Sec. 21080(b)(4); 15269(b)(c));
[!] Categorical Exemption. State type and section number: Section 15301, Class 1 Existing Facilities □ Statutory Exemptions. State code number: ___________________ _ Reasons why project is exempt:

Lead Agency
Contact Person: David Rebensdorf, Public Works Director Area Code/Telephone/Extension: (949) 361-6130 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: _____ _ Title:
■ Signed by Lead Agency Signed by Applicant
Authority cited: Sections 21083 and 21110, Public Resources Code.

Reference: Sections 21108, 21152, and 21152.1, Public Resources Code.

Date Received for filing at OPR: ____ _
Revised 2011
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING

CITY OF SAN CLEMENTE
Meeting Date: October 17, 2023 Agenda Item: 7L
Department: Beaches, Parks & Recreation Department
Prepared By Samantha Wylie, Beaches, Parks and Recreation Director Subject:

CONSIDERATION OF TERM SHEET WITH SALTY TURF LLC FOR MINIATURE GOLF

DEVELOPMENT AT VISTA HERMOSA SPORTS PARK
Fiscal Impact:

Approving this Term Sheet does not have a fiscal impact. A future lease/license agreement will have an increase in revenue toward the City’s Lease Property budget account.

Summary:

The Term Sheet between Salty Turf, LLC and the City provides a basis for a more detailed agreement to be determined at a later time. The purpose of this document is to provide a basis for Salty Turf to begin its preliminary efforts toward executing a long-term license or lease agreement for the designated lease land at the Vista Hermosa Sports Park for public recreation purposes, which will include compliance with the California Environmental Quality Act (CEQA).

Background:

At its May 2, 2023 meeting, Council approved the City Manager to begin exclusive negotiations with Salty Turf, LLC for the development of a 36-hole miniature golf facility to be located at the Vista Hermosa Sports Park. The Term Sheet outlines key terms and conditions to further work toward a license or lease agreement under the following general guidelines: The parties agree to contemplate a ten-year lease term with two possible ten-year extensions; Base rent shall be established at $8,500 per month or 7% of gross sales, whichever is greater; Base rent shall increase on the fifth year of the future agreement based on CPI, not to exceed 5%; and Salty Turf will be responsible for funding the CEQA analysis and process.

Council Options:
 Adopt Resolution 23-122, which will authorize and approve the City Manager to execute the Term Sheet with Salty Turf.
 Modify and adopt Resolution 23-122.
 Continue the item with directions to staff for additional information.  Deny the Term Sheet.

Environmental Review/Analysis:

This is not a project pursuant to CEQA Guidelines Section 15378 (14 CCR § 15378). The approval and execution of the Term Sheet will not result in a direct physical change in the 1 Meeting Date: October 17, 2023 Agenda Item: 7L

CITY OF SAN CLEMENTE
environment or a reasonably foreseeable indirect physical change in the environment. The project will be going through the CEQA process as one of the next steps.

Recommended Actions:

Staff Recommendation
..recomendation
Staff recommends that the City Council adopt Resolution No. 23-122 which will approve and authorize the City Manager to execute a Term Sheet with Salty Turf, LLC for the development of a 36-hole miniature golf facility for public recreation purposes at the Vista Hermosa Sports Park in the area designated as lease space.
..end
Attachment:

1. Resolution No. 23-122

2. Term Sheet – Salty Turf, LLC
Notification:

None
2 ATTACHMENT 1
RESOLUTION NO. 23-122

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN

CLEMENTE, CALIFORNIA, APPROVING AND AUTHORIZING THE

EXECUTION OF A TERM SHEET WITH SALTY TURF, LLC FOR

THE DEVELOPMENT OF A MINIATURE GOLF COURSE AT THE

VISTA HERMOSA SPORTS PARK
WHEREAS, the City owns the land located at 987 Avenida Vista Hermosa called the Vista Hermosa Sports Park (“Sports Park”) which operates as a public park and recreation facility; and WHEREAS, the master plan for the Sports Park allows for the use of a portion of land, as designated through the “La Pata Vista Hermosa Sports Park Land Use Map” to be developed through the terms of a lease agreement for public recreation purposes; and WHEREAS, at its May 2, 2023 meeting, the City Council authorized the City Manager to begin negotiations with Salty Turf, LLC for the development of a 36-hole miniature golf course at the Sports Park open to the public; and
WHEREAS, the execution of a term sheet will allow the City and Salty Turf confirm their current intentions with respect to the key provisions and work towards the next steps in the process, including evaluation under and compliance with the California Environmental Quality Act.

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

Section 1. The City Manager is authorized to execute the Term Sheet with Salty Turf, LLC, which is attached hereto as Exhibit “A” and is fully incorporated herein by this reference.

Section 2. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

PASSED AND ADOPTED this _____ day of ____________________, 2023.

ATTEST:
___________________________ __________________________
City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California
3 Resolution No. 23-122 Page 2

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 23-122 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
4 Resolution No. 23-122 Page 3
Exhibit A
Term Sheet
The City of San Clemente, California (“City”) and Salty Turf, LLC (“Developer”) (collectively the “Parties”) intend to enter into a Development Agreement concerning the development of a certain parcel located in San Clemente, California that the City owns located at 987 Avenida Vista Hermosa for City use as leased public recreational activities, as described herein (“Project Site”).

This Preliminary Term Sheet (this “Term Sheet”) is an expression of interest only and is not meant to be binding on the parties now or in the future.

Project Name: Miniature Golf Facility at Vista Hermosa Sports Park Developer/Lessee: Salty Turf, LLC
Development Objective: Development of a 36-hole miniature golf facility on city-owned parkland that will be open to the public at a nominal fee.

Conditions:

1. Developer shall be duly registered and authorized to do business in the State of California.

2. Developer’s rights pertain to the development of the Project Site. Developer shall spend at least $2.3 million in capital improvements to construct a 36-hole miniature golf facility at the Project Site for City use and public recreation pursuant to a Development Agreement that will be the subject of further negotiations between the Parties. Project design shall be subject to City Council approval. Developer must apply for and obtain a conditional use permit.

3. Monthly Rent. Monthly rent payable to the City by Salty Turf will be equal to seven percent (7.0%) of the total gross revenues, but under no circumstances less than $8,500 per month (“Base Rent”). At Year Five (5) of the Agreement, the Base Rent shall increase based on the Consumer Price Index (“CPI”), not to exceed five-percent (5%).

4. Lease Term. The Parties contemplate a ten (10) year lease term with two (2) extension options of ten (10) years each.

5. Restrictions on Private Events. The miniature golf facility shall be generally open to the public. The Developer cannot rent out the facility for private events more than 4 times per month.

6. Indemnity. The Development Agreement and Lease Agreement will require that Salty Turf defend and indemnify the City from and against all claims, lawsuits, administrative proceedings, damages, fines, penalties and costs, including attorney fees, in a form acceptable to both Parties.

7. As between the City and Developer, Developer will be responsible for managing the construction of and all costs of the development and operations. In addition, as between the City and Developer, Developer will be responsible for any cost overruns in connection with the Project. Development and construction costs will include any required survey work, including an environmental analysis of the project that conforms with the 5 Resolution No. 23-122 Page 4
requirements of the California Environmental Quality Act (“CEQA”) and any updates to the environmental or master plan documents. The City will have no obligation to pay for any portion of the development of the Project or any ancillary development, including any cost associated with the environmental remediation of the Leased Premises.

8. Following the completion of the CEQA process, the San Clemente City Council will consider in open session a Development Agreement and/or Lease Agreement consistent with the terms and conditions in this Term Sheet in form(s) to be negotiated between the Parties.

9. As this Term Sheet is an expression of intent of the Parties and an agreement to negotiate a final agreement(s) in good faith and, accordingly, neither Party shall be legally bound until the execution of a final Development Agreement and/or Lease Agreement, which shall be binding on the Parties.

10.The parties understand and agree that unless and until a definitive agreement(s) has been executed by City and Developer and delivered, no contract or agreement providing for a transaction between the Parties shall be deemed to exist, and neither Party will be under any legal obligation of any kind whatsoever with respect to a transaction, including any obligation to negotiate, by virtue of this non-binding Term Sheet or any written or oral expression thereof.

In witness whereof, the Parties have signed this instrument this ____ day of ______, 2023.

CITY OF SAN CLEMENTE
By: __________________________
Andy Hall, City Manager
Dated: _______________________
APPROVED AS TO FORM:

By: ___________________________
Elizabeth Mitchell, City Attorney

SALTY TURF LLC,
a Delaware limited liability company
By: _____________________________
_______________, General Manager
Dated: __________________________
6 Attachment 2

Page 1 ends

San Clemente City CouncilOctober 17, 2023

San Clemente City Council
October 17, 2023