San Clemente City Council
March 19, 2024

RECORDED AT THE REQUEST OF
AND WHEN RECORDED MAIL TO:

STATE OF CALIFORNIA
California State Lands Commission
Attn: Land Management Division
100 Howe Avenue, Suite 100-South
Sacramento, CA 95825-8202

STATE OF CALIFORNIA

OFFICIAL BUSINESS
Document entitled to free recordation
pursuant to Government Code Section
27383

SPACE ABOVE THIS LINE FOR RECORDER'S USE
County: Orange
A3750
LEASE NO.

This Lease consists of this summary and the following attached and incorporated parts:

Section 1 Basic Provisions
Section 2 Special Provisions Amending or Supplementing Section 1 or 3 Section 3 General Provisions
Exhibit A Land Description
Exhibit B Site and Location Map
Exhibit C Mitigation Monitoring Program
SECTION 1: BASIC PROVISIONS
THE STATE OF CALIFORNIA, hereinafter referred to as Lessor acting by and through the CALIFORNIA STATE LANDS COMMISSION (100 Howe Avenue, Suite 100-South, Sacramento, California 95825-8202), pursuant to Division 6 of the Public Resources Code and Title 2, Division 3 of the California Code of Regulations, and for consideration specified in this Lease, does hereby lease, demise, and let to CITY OF SAN CLEMENTE hereinafter referred to as Lessee, those certain lands described in Exhibit A hereinafter referred to as Lease Premises, subject to the reservations, terms, covenants, and conditions of this Lease.
$77$&+0(17
1327 1221

MAILING ADDRESS:
910 Calle Negocio
San Clemente, CA 92673
LEASE TYPE:

General Lease – Public Agency Use
LAND TYPE:

Sovereign
LOCATION:

In the Pacific Ocean, in the City of San Clemente and near Oceanside, as described in Exhibit A attached and by this reference made a part hereof.

LAND USE OR PURPOSE:

Dredging of the Pacific Ocean from borrow site designated SO-9; placement of a 50- foot-wide beach fill along an approximately 3,400 foot-long stretch of shoreline in the City of San Clemente for 251,000 cubic yards (cy) of compatible sediment with renourishment of 251,000 cy every six years on average; under the San Clemente Shoreline Protection Project.

TERM:
49 years; beginning August 17, 2023; ending August 16, 2072, unless sooner terminated as provided under this Lease.

CONSIDERATION:

The public use and benefit, with Lessor reserving the right at any time to set a monetary rent if Lessor finds such action to be in the State’s best interests. Subject to modification by Lessor as specified in Paragraph 3(c) and (e) of Section 3 - General Provisions.

LIABILITY INSURANCE:

Liability insurance in an amount no less than $1,000,000 per occurrence as specified in Section 3, Paragraph 9 “Insurance”; Lessee may satisfy all or part of the insurance requirement through maintenance of a staff-approved self-insurance program as specified in Section 2, Paragraph 16.

SURETY BOND OR OTHER SECURITY:
$0
1328 1222

SECTION 2: SPECIAL PROVISIONS

BEFORE THE EXECUTION OF THIS LEASE, ITS PROVISIONS ARE AMENDED, REVISED, OR SUPPLEMENTED AS FOLLOWS:

1. Under Lessee’s San Clemente Shoreline Protection Project, Lessee is authorized during the lease term to place a maximum of 2,259,000 cubic yards of sand over 49 years at the City of San Clemente receiver site, as described in Exhibit A attached and by this reference made a part hereof, and as shown on Exhibit B attached for reference purposes only. For purposes of this Lease, each sand placement project performed under the Program is referred to as a “beach replenishment event,” and all beach replenishment events are referred to collectively as “beach replenishment activities.”

2. Prior to each beach replenishment event, Lessee shall provide Lessor a mean high tide line survey of the receiver site for Lessor’s staff review. The survey must meet the following requirements:
a. The survey must be based on the California Coordinate System 1983 and must include a control scheme showing found monuments and coordinates referencing the epoch date.
b. The survey must locate a minimum of two property monuments shown on an official record map.
c. The vertical datum must be shown on the map with the benchmark location and elevation.
d. The mean high tide elevation and tidal epoch must be noted on the survey and Lessor’s staff must approve the elevation prior to the fieldwork. e. Stations used to locate the mean high tide line must be at intervals of 50’±. f. The survey must be performed by or under the supervision of a California Licensed Land Surveyor.
g. Lessee will provide Lessor with a hardcopy map and Autocad drawing file, or equivalent drawing file approved by Lessor’s staff, by electronic file sharing, email, or on disc within 30 days of survey fieldwork completion.

3. Lessee shall undertake the Program substantially in compliance with:
a. The Mitigation Monitoring Program, attached hereto as Exhibit C and by this reference made a part of this Lease, contained in Final Environmental Impact Statement/Environmental Impact Report SCH#2010084002 prepared and adopted by Lessee on July 18, 2023. Lessee agrees to be bound by and fully carry out, implement, and comply with all mitigation measures and reporting obligations identified as Lessee’s, or Responsible Party’s responsibility as set forth in the Mitigation Monitoring Program as stated in Exhibit C or as modified by Lessor as permitted by law; and, 1329 1223

b. The requirements of all other agencies having approval authority over the Program.

4. Lessee shall safely conduct all dredging and disposal operations in accordance with accepted dredging and disposal methods and practices then in effect and with due regard for the protection of life and property and preservation of the environment.

5. Lessee acknowledges that material dredged from the Lease Premises is the property of the State of California and shall not be sold, and that Lessee is not authorized to dredge for purposes of commercial resale, environmental mitigation credits or other private benefit without Lessor’s prior written consent.

6. Prior to the start of each beach replenishment event as described herein, Lessee shall provide Lessor with the name, address, telephone number and contractor’s license number(s) of the contractor(s) selected to implement the beach replenishment program. Should Lessee change contractors, Lessee shall provide Lessor with all pertinent information, as described above.

7. Monitoring Plans
a. Lessee must update its Monitoring Plans to account for the best available climate change science, resource availability, and sea level rise projections. Such monitoring plans when updated will be submitted to Lessor’s staff for review and approval at least two months in advance of Project implementation.
b. One year before each replenishment event, Lessee must provide to Lessor copies of all annual mitigation monitoring compliance reports for replenishment activities within the Lease Premises. Lessor’s staff will review whether the impacts are being addressed as articulated in the environmental document and Mitigation Monitoring Program (Exhibit C) prior to the initiation of any subsequent nourishment cycle. c. Upon Lessor’s staff’s request, Lessee must provide Lessor’s staff with copies of the semiannual beach profile surveys required by the Shoreline Monitoring Plan.
d. Upon Lessor’s staff’s request, Lessee must promptly provide copies of any report, survey, data, or other document required by a mitigation measure or monitoring plan.
e. Lessee must inform Lessor if any monitoring plans result in additional mitigation requirements.

8. Lessee agrees that printed material, such as handouts and signs or other types of printed notices installed to provide notification of the public use and benefit of the project as set forth herein, shall contain and reasonably display a statement acknowledging the California State Lands Commission as having committed lands for the Project. The statement may read as follows: “A portion of the land required 1330 1224

for the San Clemente Shoreline Protection Project, was committed by the California State Lands Commission.”

9. Lessee acknowledges that the lands described in Exhibit A of this Lease are subject to the Public Trust and are presently available to members of the public for recreational use, waterborne commerce, navigation, fisheries, open space, or other recognized Public Trust uses. Consistent with subparagraph 7(a) of Section 3 of this Lease, Lessee agrees that its use of the Lease Premises must not interfere or limit the Public Trust rights of the public except to the extent necessary to protect the public health and safety during the performance of activities authorized under the Lease.

Lessee further agrees that any such temporary interference or limitations will be kept to the minimum duration and extent necessary to ensure public health and safety.

10. Lessee shall limit any vehicles, equipment, or machinery to be used on the Lease Premises to those which are directly required to perform the authorized use. Lessee shall not use any vehicles, equipment, or machinery that may cause damage to the Lease Premises or lands subject to Lessor’s jurisdiction.

11. All vehicles, equipment, machinery, tools or other property taken onto or placed within the Lease Premises or lands subject to Lessor’s jurisdiction shall remain the property of the Lessee or its contractors. Upon completion of any beach replenishment event such property shall be promptly and properly removed by Lessee, at its sole risk and expense.

12. Lessor does not accept any responsibility for any damages to any property, including any vehicles, equipment, machinery, or tools within the Lease Premises or lands subject to Lessor’s jurisdiction.

13. Lessee shall not refuel, maintain, or repair any vehicle or equipment within the Lease Premises or lands subject to Lessor’s jurisdiction.

14. Lessee shall promptly and completely remove all waste material and debris created by Lessee or its contractors from the Lease Premises and lands subject to Lessor’s jurisdiction.

15. Lessee shall ensure its employees, agents, contractors, and invitees (collectively, Lessee’s Agents) comply with all applicable provisions of this Lease. Any breach or default by Lessee’s Agents of any applicable provision of this Lease shall be considered a breach or default of the Lease by Lessee.

16. Lessee may satisfy the requirements of Section 1 “Liability Insurance” and Section 3, Paragraph 9 “Insurance” by providing Lessor with evidence of its self-insurance program being applicable to its activities and improvements authorized by this Lease on the condition that:
a. Lessor’s staff is satisfied that the self-insurance program adopted and maintained provides coverage equivalent to coverage required under Section 1 “Liability Insurance”, and Section 3, Paragraph 9 “Insurance”. 1331 1225

b. For any line of self-insurance that is regulated by the State, Lessee shall provide documentation demonstrating qualification and compliance with all applicable rules and regulations, including self-insurance certification. c. Each year of the Lease, no later than the anniversary date of this Lease, Lessee shall provide Lessor’s staff with any and all evidence that each selfinsurance program is maintained. d. Should Lessee elect to terminate all or any line or lines of self-insurance, Lessee shall, at least 60 days prior to such termination, provide the State with written notice of such termination, accompanied by written evidence of new insurance coverage required by Section 1 “Liability Insurance,” and Section 3, Paragraph 9 “Insurance.”

17. Lessee acknowledges that the Lease Premises and adjacent upland are located in an area that may be subject to effects of climate change, including sea level rise.

To prepare for the potential effects of sea level rise, including flood damage, erosion damage, tsunamis, and damage from waves and storm-created debris, the Lessee acknowledges and agrees to the following:
a. Hazards associated with sea level rise may require additional maintenance or protection strategies regarding the Lease Premises.
b. Any additional maintenance or protection strategies necessitated by such hazards may require additional approval by Lessor pursuant to Section 3, paragraph 5(a) and subject to environmental review.
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Form51.16 (Rev. 10/14)

SECTION 3

GENERAL PROVISIONS

1. GENERAL
In the case of any conflict between these General Provisions and Special Provisions found in Section 2, the Special Provisions control.

2. DEFINITIONS
For the purposes of this Lease, the following terms shall be defined as stated below:
“Additions” shall be defined as any use or Improvements other than those expressly authorized in this Lease.
“Alterations” shall be defined as any material change in the size, scope, density, type, nature, or intensity of Improvements on the Lease Premises from what is authorized in this Lease.

Alterations shall also include any modifications, alterations, or renovations of the land or waterways on the Lease Premises other than those authorized by this Lease. “Breach” shall be defined as a party's unjustified or unexcused nonperformance of a contractual duty the party is required to immediately perform. “Damages” shall include all liabilities, demands, claims, actions or causes of action whether regulatory, legislative or judicial in nature; all assessments, levies, losses, fines, penalties, damages, costs and expenses, including, without limitation: (i) reasonable attorneys’, accountants’, investigators’, and experts’ fees and expenses sustained or incurred in connection with the defense or investigation of any such liability, and (ii) costs and expenses incurred to bring the Lease Premises into compliance with Environmental Laws, a court order, or applicable provisions of a Regulatory Agency. The term “Damages” also includes, expressly, those Damages that arise as a result of strict liability, whether arising under Environmental Laws or otherwise.
“Default” shall be defined as a material Breach of magnitude sufficient to justify termination of the Lease.
“Environmental Law” shall be defined as and include all federal, state, and local environmental, health, and safety laws, statutes, ordinances, regulations, rules, judgments, orders, and notice requirements, which were in effect as of the date of execution of this Lease or are subsequently enacted and lawfully applied hereto, which regulate or relate to (a) the protection or clean-up of the environment; (b) the use, treatment, storage, transportation, handling or disposal of hazardous, toxic or otherwise dangerous substances, wastes or materials; (c) the quality of the air and the discharge of airborne wastes, gases, particles, or other emissions; (d) the preservation or protection of waterways, groundwater, or drinking water; (e) the health and safety of persons or property; or (f) impose liability with respect to any of the foregoing, including without limitation, the California Environmental 1333 1227
Form51.16 (Rev. 10/14)

Quality Act (CEQA) [PRC §§ 21000 et seq.]; the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA) [42 USCS §§ 9601 et seq.]; the Resource Conservation and Recovery Act of 1976 (RCRA) [42 USCS §§ 6901 et seq.]; the Clean Water Act, also known as the Federal Water Pollution Control Act (FWPCA) [33 USCS §§ 1251 et seq.]; the Toxic Substances Control Act (TSCA) [15 USCS §§ 2601 et seq.]; the Hazardous Materials Transportation Act (HMTA) [49 USCS §§ 1801 et seq.]; the Insecticide, Fungicide, Rodenticide Act [7 USCS §§ 136 et seq.]; the Superfund Amendments and Reauthorization Act [42 USCS §§ 6901 et seq.]; the Clean Air Act [42 USCS §§ 7401 et seq.]; the Safe Drinking Water Act [42 USCS §§ 300f et seq.]; the Solid Waste Disposal Act [42 USCS §§ 6901 et seq.]; the Surface Mining Control and Reclamation Act [30 USCS §§ 1201 et seq.]; the Emergency Planning and Community Right to Know Act [42 USCS §§ 11001 et seq.]; the Occupational Safety and Health Act [29 USCS §§ 655 and 657]; the California Underground Storage of Hazardous Substances Act [H & S C §§ 25280 et seq.]; the California Hazardous Substances Account Act [H & S C §§ 25300 et seq.]; the California Hazardous Waste Control Act [H & S C §§ 25100 et seq.]; the California Safe Drinking Water and Toxic Enforcement Act [H & S C §§ 24249.5 et seq.]; the Porter-Cologne Water Quality Act [Water C §§ 13000 et seq.] together with any amendments of or regulations promulgated under the statutes cited above. “Hazardous Material” shall be defined as and include any substance which falls within the definition of hazardous substance, hazardous waste, hazardous material, toxic substance, solid waste, pollutant, or contaminant, under any Environmental Law. “Improvements” shall be defined as any modification, alteration, addition, or removal of any material, and any other action which serves to change the condition of the Lease Premises from the natural state whether situated above, on, or under the Lease Premises.

Improvements include, but are not limited to buildings, structures, facilities, decks, docks, wharves, piers, walks, curbs, bridges, buoys, landscaping, roadways, shoreline protective structures of all types, foundations, pilings or similar support structures whether above or below the water line, fences, utilities, pipelines, and any other construction of any type situated on the Lease Premises.
“Lease” shall be defined as this lease contract together with all amendments and exhibits. “Lease Premises” shall be defined as the area of land, together with any improvements located thereon, the use and occupancy of which is authorized by this Lease. “Lessor” shall be defined as the state of California, acting by and through the California State Lands Commission, including the Commissioners, their alternates and designates, the Executive Officer, and the staff of the California State Lands Commission. “Regulatory Agency” shall include any Federal, State, County, Municipal, or Local agency having jurisdiction over the Lease Premises.
“Repairs” shall be defined as all work of any kind made to maintain, change, restore, strengthen, replace, alter, or otherwise affect any Improvement on the Lease Premises. 1334 1228
Form51.16 (Rev. 10/14)

“Residence” shall be defined as any Improvement, whether permanent, movable, or temporary, or a portion thereof, which is for the time being a home or place of lodging. A Residence includes any Improvement affixed to the land such as trailers or cabins, built on a raised foundation such as stilts or pilings, and floating residences such as boats, barges, arks, and houseboats, and any combination of such Improvements which provide residential accommodations to the Lessee or others. “Residence” shall not include transitory, intermittent, recreational use of facilities such as campgrounds. “Residential Use” shall be defined as Improvements such as, but not limited to, sundecks, and sunrooms which are extensions of, or additions to, the upland property and are not waterdependent uses. Although the various uses or Improvements which may fall under this definition may vary by geographic area, lease type, or other factors, it is the intention of the parties to include in this definition all uses and Improvements which are not water-dependent but residential in nature, or those uses and Improvements which are not consistent with common law public trust principles and values.

3. CONSIDERATION
(a) Absolute Triple Net Lease
This Lease is an absolute triple net lease, pursuant to which Lessor has no obligation with respect to the payment of taxes, insurance, the cost of maintenance, utilities and repairs or other costs or obligations associated with the Leased Premises, except as expressly stated herein.
(b) Rent
Lessee agrees to pay Lessor rent as stated in this Lease, in annual installments, for the use and occupancy of the Lease Premises. The first installment shall be due on or before the beginning date of this Lease and all subsequent installments shall be due on or before each anniversary of its beginning date during each year of the Lease term, or as otherwise provided in this Lease. Said sums shall be paid in lawful money of the United States of America. Lessee shall send said rent to the mailing address of Lessor. Timeliness of receipt of remittances sent by mail shall be governed by the postmark date as stated in Government Code Section 11002. Invoices for rent due may be provided by Lessor as a courtesy. Lessor’s failure to, or delinquency in, providing invoices shall neither excuse Lessee from paying rent, nor extend the time for paying rent. (c) Modification
Lessor may modify the method, amount, or rate of consideration effective on each fifth anniversary of the beginning date of this Lease. Should Lessor fail to exercise such right effective on any fifth anniversary it may do so effective on any one (1) of the next four (4) anniversaries following such fifth anniversary, without prejudice to its right to effect such modification on the next or any succeeding fifth anniversary of the beginning date. No 1335 1229
Form51.16 (Rev. 10/14)

such modification shall become effective unless Lessee is given at least thirty (30) days’ notice prior to the date of the Commission meeting wherein the rent modification is considered, or thirty (30) days’ notice prior to the effective date of the increase, whichever provides a greater notice period.

If the consideration for this Lease is based on a percentage of income, royalties, profits, or any similar business performance indicators, Lessee shall provide Lessor with financial statements and all other documents necessary to determine the relevant basis for income. (d) Penalty and Interest
Any installments of rent accruing under this Lease not paid when due shall be subject to a delinquency charge equal to five percent (5%) of the principal sum due. Annual payments shall bear interest as specified in Public Resources Code Section 6224 and the Lessor's then existing administrative regulations governing penalty and interest. (e) Non-Monetary Consideration
If the consideration to Lessor for this Lease is the public use, benefit, health, or safety, Lessor shall have the right to review such consideration at any time and set a monetary rental if the Lessor, at its sole discretion, determines that such action is in the best interest of the State. Lessee’s assignment or transfer of this Lease pursuant to Section 3 Paragraph 11 below to any third party which results in royalties, profits, or any form of compensation, whether monetary or otherwise, shall give Lessor the right to reevaluate the requirements of this Lease as stated in Section 3 Paragraph 11. Lessee shall be given at least thirty (30) days’ notice prior to the date of the Commission meeting wherein the rent modification is considered, or thirty (30) days’ notice prior to the effective date that this Lease is converted to a monetary rental, whichever provides more notice.
(f) Place for Payment of Rent
All rent that becomes due and payable under this Lease shall be paid to Lessor in person or by United States mail at the Sacramento Offices of the California State Lands Commission, currently at 100 Howe Avenue, Suite 100-South, Sacramento, CA 95825-8202, or at any other place or places that Lessor may designate by written notice to Lessee.

Alternately, Lessee may contact Lessor’s accounting department for Lessor’s current practices for payment by credit card or electronic fund transfer.

4. BOUNDARIES
This Lease is not intended to establish the State's boundaries and is made without prejudice to either party regarding any boundary or title claims which may be asserted presently or in the future.

5. LAND USE
1336 1230
Form51.16 (Rev. 10/14)

(a) General
(1) Lessee shall use the Lease Premises only for the purpose or purposes stated in this Lease and only for the operation and maintenance of the Improvements expressly authorized in this Lease. Lessee shall commence use of the Lease Premises within ninety (90) days of the beginning date of this Lease or within ninety (90) days of the date set for construction to commence as set forth in this Lease, whichever is later. (2) All demolition, construction, remodeling, reconstruction, maintenance, repairs, removal, or remediation performed on the Lease Premises at any time by Lessee shall first be authorized by all appropriate Regulatory Agencies. Lessee is solely responsible for determining what approvals, authorizations, or certifications are required, and shall be solely responsible for all costs incurred thereby. In addition, Lessee shall obtain and comply with preventative or remedial measures required by any environmental reports, assessments, or inspections, including, but not limited to those required by the California Environmental Quality Act and/or the National Environmental Policy Act, or as otherwise required by law or reasonably requested by Lessor. Nothing in this Lease shall be interpreted as a pre-approval of any permit, certification, or any other precondition required for the use of the Lease Premises.
(b) Continuous Use
Lessee's use of the Lease Premises shall be continuous from commencement of the Lease until its expiration. Lessee's discontinuance of such use for a period of ninety (90) days shall be presumed to be an abandonment unless Lessee demonstrates to Lessor’s satisfaction that Lessee’s use of the Lease Premises is consistent with similarly situated properties. In the event of an abandonment, Lessor may elect to terminate the Lease as provided in Paragraph 12(a)(3). Abandonment of the Lease Premises shall not relieve Lessee of any obligations under this Lease.
(c) Repairs and Maintenance
(1) Lessor shall not be required to make any Repairs in, on, or about all or part of the Lease Premises. Lessee shall, at all times during the term of this Lease and without any cost or expense to Lessor, keep and maintain the Lease Premises, including all Improvements, in good order and repair and in a clean, safe, sanitary, and orderly condition.
(2) Lessee shall make, or cause to be made, any Repairs which may be required by any Regulatory Agency. Lessee shall observe and comply with, any law, statute, ordinance, plan, regulation, resolution, or policy applicable to the Lease Premises in making such Repairs. All work shall be performed with reasonable diligence, completed within a reasonable time, and performed at the sole cost and expense of Lessee.
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Form51.16 (Rev. 10/14)

(3) Lessee expressly accepts the Lease Premises “as is” and expressly acknowledges that:
(i) Lessor has made no representations or warranties as to the suitability of the Lease Premises for any Improvements. Lessee shall conduct all tests necessary to determine the suitability of the Lease Premises for any proposed use or Improvements authorized; and
(ii) Lessor has made no representations or warranties as to the quality or value of any Improvements found on the Lease Premises, or of their conformity to any applicable building codes, zoning ordinances, or other regulations. Lessee agrees to inspect any preexisting Improvements at its own cost to determine whether such Improvements are safe and suitable for the Lessee’s intended use; and (iii) Lessee shall neither be entitled to any reduction in rent, nor any extension of the terms of this Lease because of damage to or destruction of any Improvements on the Lease Premises.
(iv) Lessee and Lessor agree that any Improvements on the Lease Premises constitute the personal property of Lessee and that fixture law does not apply. (4) In the event that the Lease Premises is partly, or in whole, comprised of tidal, submerged, or waterfront property, Lessee expressly accepts the hazards involved in using or improving such lands. Lessor is not responsible for, and Lessee shall not be reimbursed for nor receive any offset of rent for, any damages or reduced use of the Lease Premises caused by: local or invasive flora or fauna, flooding, erosion, sea level rise, storms, freezing, inclement weather of any kind, acts of god, maintenance or failure of protective structures, and any other such hazards. (d) Additions, Alterations, and Removal
No Improvements other than those expressly authorized in this Lease shall be constructed by the Lessee on the Lease Premises without the prior written consent of Lessor. Any Additions or Alterations are expressly prohibited. Lessee is also prohibited from any Additions or Alterations which cause a material change to the environmental impact on or around the Lease Premises.
(e) Enjoyment
This Lease is non-exclusive, and is subject to the provisions of Section 3, Paragraph 6 below. Lessee shall have the right to exclude persons from the Lease Premises only when their presence or activity constitutes a material interference with Lessee's use and enjoyment of the Lease Premises.
(f) Discrimination
Lessee, in its use of the Lease Premises, shall not discriminate against any person or 1338 1232
Form51.16 (Rev. 10/14)

class of persons on any basis protected by federal, state, or local law, including: race, color, creed, religion, national origin, sex, sexual orientation, gender identity, age, marital/parental status, veteran status, or disability. (g) Residential Use
Unless otherwise provided for in this Lease, no portion of the Lease Premises shall be used as a location for a Residence, for the purpose of mooring or maintaining a structure which is used as a Residence, or for Residential Uses. (h) Commercial Use
Unless otherwise provided for in this Lease, the Lease Premises is to be used by Lessee and Lessee’s invitees or guests only. Use of the Lease Premises for commercial purposes; conducting a business, whether for profit or otherwise; and any subleasing, rental, or any transaction whereby Lessee directly or indirectly receives compensation from a third party in exchange for use of the Lease Premises shall constitute an immediate Default of this lease with no cure period.

6. RESERVATIONS, ENCUMBRANCES, AND RIGHTS-OF-WAY
(a) Reservations
(1) Lessor expressly reserves all natural resources in or on the Lease Premises, including but not limited to timber, minerals, and geothermal resources as defined under Public Resources Code sections 6401, 6407, and 6903, respectively; the right to grant and transfer the same; as well as the right to grant leases in and over the Lease Premises which may be necessary or convenient for the extraction of such natural resources.

Such leasing shall be neither inconsistent nor incompatible with the rights or privileges of Lessee under this Lease.
(2) Lessor expressly reserves a right to go on the Lease Premises and all Improvements for any purposes associated with this Lease or for carrying out any function required by law, or the rules, regulations, or management policies of the State Lands Commission.

Lessor shall have a right of reasonable access to the Lease Premises across Lessee owned or occupied lands adjacent to the Lease Premises for any purpose associated with this Lease.
(3) Lessor expressly reserves to the public an easement for convenient access across the Lease Premises to other State-owned lands located near or adjacent to the Lease Premises and a right of reasonable passage across and along any right-of-way granted by this Lease; however, such easement or right-of-way shall be neither inconsistent nor incompatible with the rights or privileges of Lessee under this Lease. (4) Lessor expressly reserves the right to lease, convey, or encumber the Lease 1339 1233
Form51.16 (Rev. 10/14)

Premises, in whole or in part, during the Lease term for any purpose not inconsistent or incompatible with the rights or privileges of Lessee under this Lease. (b) Encumbrances
The Lease Premises may be subject to pre-existing contracts, leases, licenses, easements, encumbrances, and claims and is made without warranty by Lessor of title, condition, or fitness of the land for the stated or intended purpose.

7. RULES, REGULATIONS, AND TAXES
(a) Lessee shall comply with and be bound by all presently existing or subsequently enacted rules, regulations, statutes or ordinances of the State Lands Commission or any Regulatory Agency. Occupancy or use of the Lease Premises provides no exemption from applicable regulations including, but not limited to, federal, state, county and local regulations, regulations promoting public health, safety, or welfare, building codes, zoning ordinances, and sanitation regulations. Lessee expressly acknowledges that Regulatory Agencies have jurisdiction over the Lease Premises unless such laws are in direct conflict with state law or public trust principles.
(b) Lessee understands and agrees that a necessary condition for the granting and continued existence of this Lease is that Lessee obtains and maintains all permits or other entitlements. Lessee expressly acknowledges that issuance of this Lease does not substitute for, or provide preference in obtaining authorizations from other Regulatory Agencies.
(c) Taxes
(1) In addition to the rent due under this Lease, Lessee accepts responsibility for and shall pay any and all real and personal property taxes, including possessory interest taxes, assessments, special assessments, user fees, service charges, and other charges of any description levied, imposed on, assessed, or associated with the leasehold interest, Improvements on the Lease Premises, any business or activity occurring on the Lease Premises, the Lease Premises itself, or any portion thereof, levied by any governmental agency or entity. Such payment shall not reduce rent due Lessor under this Lease and Lessor shall have no liability for such payment. (2) In the event that this Lease commences, terminates or expires during a tax year, Lessee shall pay the taxes for the period of such year during which this Lease was in effect.
(3) Any and all taxes and assessments and installments of taxes and assessments required to be paid by Lessee under this Lease shall be paid when due and the official 1340 1234
Form51.16 (Rev. 10/14)

and original receipt for the payment of such tax, assessment, or installment shall be delivered to Lessor upon request.
(4) Lessee shall indemnify and hold Lessor, the Lease Premises, and any Improvements now or hereafter located thereon, free and harmless from any liability, loss, or Damages resulting from any taxes, assessments, or other charges required by this Lease to be paid by Lessee and from all interest, penalties, and other sums imposed thereon and from any sales or other proceedings to enforce collection of any such taxes, assessments, or other charges.

8. INDEMNITY
(a)Lessee’s use of the Lease Premises and any Improvements thereon is at Lessee’s sole and exclusive risk.
(b)In addition to any other obligation to indemnify Lessor as otherwise provided in this Lease, except to the extent caused by the sole negligence and/or willful misconduct of the Lessor, Lessee shall indemnify, hold harmless, and, at the option of Lessor, defend Lessor, its officers, agents, and employees from any and all Damages resulting from Lessee’s occupation and use of the Lease Premises. Lessee shall reimburse Lessor in full for all reasonable costs and attorneys’ fees, specifically including, without limitation, any Damages arising by reason of: (1) The issuance, enjoyment, interpretation, Breach, or Default of this Lease; (2) The challenge to or defense of any environmental review upon which the issuance of this Lease is based; (3) The death or injury of any person, or damage to or destruction of any property from any cause whatever in any way connected with the Lease Premises, or with any of the Improvements or personal property on the Lease Premises; (4) The condition of the Lease Premises, or Improvements on the Lease Premises; (5) An act or omission on the Lease Premises by Lessee or any person in, on, or about the Lease Premises; (6) Any work performed on the Lease Premises or material furnished to the Lease Premises; (7) Lessee’s failure to comply with any material legal or other requirement validly imposed on Lessee or the Lease Premises by a Regulatory Agency. (c) The reimbursement provisions of this Paragraph 8 shall not apply to any claims, litigation, or other actions which may be brought by either Lessee or Lessor against each other. (d)Nothing in this paragraph shall be construed as requiring that Lessor defend itself against all or any aspect of any challenge to this Lease or any associated environmental review. However, Lessee may take whatever legal action is available to it to defend this Lease or any associated environmental review against any challenge by a third party, whether or not Lessor chooses to raise a defense against such a challenge. (e)Lessee shall notify Lessor immediately in case of any accident, injury, or casualty on the Lease Premises.
1341 1235
Form51.16 (Rev. 10/14)

9. INSURANCE
(a)Lessee shall obtain and maintain in full force and effect during the term of this Lease comprehensive general liability insurance and property damage insurance, with such coverage and limits as may be reasonably requested by Lessor from time to time, but in no event for less than the sum(s) specified against any and all claims or liability arising out of the ownership, use, occupancy, condition, or maintenance of the Lease Premises and all Improvements.
(b)The insurance policy shall identify the Lease by its assigned number. The specific Improvements shall also be generally identified, as well as their location on state owned property. The coverage provided shall be primary and non-contributing. Lessee shall keep such policy current. Lessor shall be named as a “certificate holder” and/or an “additional interest” on the policy. Lessee shall provide Lessor with a current certificate of insurance at all times. At Lessor’s request, Lessee shall provide a full copy of the current insurance policy, along with any and all endorsements or other such documents affecting the coverage. Lessor will not be responsible for any premiums or other assessments on the policy.
(c) The insurance coverage specified in this Lease shall be in effect at all times during the Lease term and subsequently until Lessor has either accepted all of the Lease Premises as improved or restored by Lessee as provided elsewhere in this Lease. Lessee shall notify Lessor within five (5) business days if the insurance is canceled for any reason.

10. SURETY BOND
(a) When required by Section 1 of this Lease, Lessee shall provide a surety bond or other security device acceptable to Lessor, for the specified amount, and naming the State of California, California State Lands Commission as the assured, to guarantee to Lessor the faithful observance and performance by Lessee of all of the terms, covenants, and conditions of this Lease.
(b) Lessor may require an increase in the amount of the surety bond or other security device to cover any additionally authorized Improvements, any modification of consideration, or to provide for inflation or other increased need for security. The surety bond or other security device may be increased on each fifth anniversary of the beginning date of this Lease.

Should Lessor fail to exercise such right effective on any fifth anniversary, it may do so effective on any one (1) of the next four (4) anniversaries following such fifth anniversary without prejudice to its right to effect such modification on the next or any succeeding fifth anniversary. No such modification shall become effective unless Lessee is given at least thirty (30) days’ notice prior to the date of the Commission meeting wherein the modification of the bond or security is considered, or thirty (30) days’ notice prior to the 1342 1236
Form51.16 (Rev. 10/14)

effective date of the increase, whichever provides more notice. (c) The surety bond or other security device shall be maintained in full force and effect at all times during the Lease term and subsequently until Lessor has either accepted all of the Lease Premises as improved or restored by Lessee as provided elsewhere in this Lease.

Lessee must first seek approval of Lessor before changing the type of security device used, or the bond holder.

11. ASSIGNMENT, ENCUMBRANCING OR SUBLETTING
(a) Lessee shall not either voluntarily or by operation of law, assign, transfer, mortgage, pledge, hypothecate or encumber this Lease and shall not sublet the Lease Premises, in whole or in part, or allow any person other than the Lessee's employees, agents, servants and invitees to occupy or use all or any portion of the Lease Premises without the prior written consent of Lessor, which consent shall not be unreasonably withheld. (1) Notwithstanding the foregoing prohibition against transfer and assignment, the Lease may be transferred by Lessee if the transfer is caused by the death of a spouse and the full interest of the deceased spouse is transferred to a surviving spouse; or the transfer is caused by the dissolution of the marriage of Lessee and the full interest of one of the spouses is transferred to the other spouse. In the event of such a transfer, Lessor shall be notified in writing within 30 days of the transfer.
(2) Notice to Lessor of Successor Trustee(s): In the event this Lease is held in trust, and the Lessee is a trustee thereof, the substitution or succession of a new trustee shall not be an assignment or transfer for the purposes of this Paragraph. Lessee (and by operation of law, any successor trustee) agrees to provide prompt notice to Lessor of any succession or substitution of trustee in accordance with Paragraph 16(c) of General Provisions, no later than sixty (60) days after the named trustee as appears on the face of this Lease becomes unable or ceases to serve as trustee for any reason. (b) The following shall be deemed to be an assignment or transfer within the meaning of this Lease:
(1) If Lessee is a business entity, any dissolution, merger, consolidation or other reorganization of Lessee, or the sale or other transfer of substantially all the assets of Lessee. If Lessee is a publicly traded entity, transfers of interests in Lessee shall not constitute an assignment requiring the consent of Lessor. (2) If Lessee is a partnership, a transfer of any interest of a general partner, a withdrawal of any general partner from the partnership, or the dissolution of the partnership. (c) If this Lease is for sovereign lands appurtenant to adjoining littoral or riparian land, Lessee shall not transfer or assign its ownership interest or use rights in such adjoining lands 1343 1237
Form51.16 (Rev. 10/14)

separately from the leasehold rights granted herein without the prior written consent of Lessor.
(d) If Lessee desires to assign, sublet, encumber or otherwise transfer all or any portion of the Lease Premises, Lessee shall do all of the following:
(1) Give not less than 90 days’ prior written notice to Lessor; (2) Provide the name, complete business organization, operational structure, and formation documents of the proposed assignee, sublessee, secured third party, or other transferee; and the nature of the use of and interest in the Lease Premises proposed by the assignee, sublessee, secured third party or other transferee. (3) Provide the terms and conditions of the proposed assignment, sublease, or encumbrance or other transfer;
(4) Provide audited financial statements for the two most recently completed fiscal years of the proposed assignee, sublessee, secured party or other transferee; and provide pro forma financial statements showing the projected income, expense and financial condition resulting from use of the Lease Premises; and (5) Provide such additional or supplemental information as Lessor may reasonably request concerning the proposed assignee, sublessee, secured party or other transferee.
(6) Lessor will evaluate proposed assignees, sublessees, secured third parties and other transferees and grant approval or disapproval according to standards of commercial reasonableness considering the following factors within the context of the proposed use: the proposed party's financial strength and reliability, their business experience and expertise, their personal and business reputation, their managerial and operational skills, their proposed use and projected rental, as well as other relevant factors. (e) Lessor shall have a reasonable period of time from the receipt of all documents and other information required under this provision to grant or deny its approval of the proposed party. Lessor may reevaluate the rent, insurance and/or bond provisions of this Lease, and may condition its approval of the proposed assignment, sublease, hypothecation, mortgage, or other transfer on the party’s acceptance of the new terms.

Lessee’s rights stated in this paragraph shall apply regardless of whether the proposed transfer coincides with a regular rent review period as stated in Section 3 Paragraph 3(c) above.
(f) Lessee's mortgage or hypothecation of this Lease, if approved by Lessor, shall be 1344 1238
Form51.16 (Rev. 10/14)

subject to terms and conditions imposed by a separately negotiated encumbrancing agreement.
(g) Upon the express written assumption of all obligations and duties under this Lease by an assignee approved by Lessor, the Lessee may be released from all liability under this Lease arising after the effective date of assignment and not associated with Lessee's use, possession or occupation of or activities on the Lease Premises; except as to any hazardous wastes, substances or materials as defined under federal, state or local law, regulation, or ordinance manufactured, generated, used, placed, disposed, stored or transported on the Lease Premises during Lessee’s tenancy. (h) If the Lessee files a petition or an order for relief is entered against Lessee, under Chapters 7, 9, 11 or 13 of the Bankruptcy Code (11 USC Sect. 101, et seq.) then the trustee or debtor-in-possession must elect to assume or reject this Lease within sixty (60) days after filing of the petition or appointment of the trustee, or the Lease shall be deemed to have been rejected, and Lessor shall be entitled to immediate possession of the Lease Premises.

No assumption or assignment of this Lease shall be effective unless it is in writing and unless the trustee or debtor-in-possession has cured all Defaults under this Lease (monetary and non-monetary) or has provided Lessor with adequate assurances (1) that within ten (10) days from the date of such assumption or assignment, all monetary Defaults under this Lease will be cured; and (2) that within thirty (30) days from the date of such assumption, all non-monetary Defaults under this Lease will be cured; and (3) that all provisions of this Lease will be satisfactorily performed in the future.
(i) In the event of any transfer or assignment, under this Paragraph 11 or by any other means authorized by this Lease, the Lease terms shall be for the remaining years existing on the Lease prior to the transfer or assignment. A transfer or assignment shall not extend the term of this Lease.

12. DEFAULT AND REMEDIES
(a) Default
The occurrence of any one or more of the following events shall immediately and without further notice constitute a Default of this Lease:
(1) Lessee's failure to make any payment of rent, royalty, or other consideration as required under this Lease; or
(2) Lessee's failure to obtain or maintain liability insurance or a surety bond or other security device as required under this Lease; or
1345 1239
Form51.16 (Rev. 10/14)

(3) Lessee's abandonment of the Lease Premises (including the covenant for continuous use as provided for in Paragraph 5(b)) during the Lease term; or (4) Lessee's failure to obtain and maintain all necessary governmental permits or other entitlements; or
(5) The maintenance of the Lease Premises in violation of, or failure to comply with, any applicable provisions of any Regulatory Agency, Environmental Law, or maintenance of the Lease Premises in a condition constituting nuisance; or (6) Lessee’s Failure to commence to construct and to complete construction of the Improvements authorized by this Lease within the time limits specified in this Lease. (7) Lessee is found to sublet or otherwise surrender daily management and control of the Lease Premises to a third party without the knowledge, expressed written consent or authorization of the Lessor.
(b)Lessee's failure to observe or perform any other term, covenant, or condition of this Lease when such failure shall continue for a period of thirty (30) days after Lessor's giving written notice shall constitute a Default of this lease. However, if the nature of Lessee's Default under this paragraph is such that more than thirty (30) days are reasonably required for its cure, then Lessee shall not be deemed to be in Default if Lessee commences such cure within such thirty (30) day period and diligently proceeds with such cure to completion.
(c)Should Lessee Breach any term, covenant, or condition of this Lease under Paragraph 12(b) above three (3) times in any three hundred and sixty-five (365) day period, the third Breach will be a Default under this Lease and Lessor will be entitled to immediately terminate this Lease, and take other appropriate action. Lessor will provide written notice of each Breach as provided above, and provide written notice that future Breaches will constitute immediate Default with no cure period.
(d)Remedies
In the event of a Default by Lessee and Lessee's failure to cure such Default if such a cure period is applicable, Lessor may at any time and with or without notice do any one or more of the following in addition to any rights or remedies permitted by law:
(1) Re-enter the Lease Premises, remove all persons and property, and repossess and enjoy such premises; or
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Form51.16 (Rev. 10/14)

(2) Terminate this Lease and Lessee's right of possession of the Lease Premises by any lawful means. The termination shall not relieve Lessee of any obligation, monetary or otherwise, which has accrued prior to the date of termination. Such termination shall be effective upon Lessor's giving written notice and upon Lessee’s receipt of such notice. Lessee shall immediately surrender possession of the Lease Premises to Lessor.

Lessor shall be entitled to recover from Lessee all amounts to which Lessor is entitled pursuant to Section 1951.2 of the California Civil Code, or any other provision of law, including any necessary Repair, renovation, alteration, remediation, or removal of Improvements; or
(3) Maintain this Lease in full force and effect and recover any rent, royalty, or other consideration as it becomes due without terminating Lessee's right of possession regardless of whether Lessee shall have abandoned the Lease Premises, subject to the conditions imposed by Cal. Civil Code § 1951.2; or
(4) Exercise any other right or remedy which Lessor may have at law or equity. (e) Determination of Rental Value
If rent under this Lease is calculated as a percentage of Lessee’s income attributable to the Lease Premises and Lessee abandons the Lease Premises during some or all of the applicable period, then the reasonable rental value shall be the percentage of proceeds Lessor would have received had Lessee operated the Lease Premises in the usual and customary manner.
(f) Waiver of Rights
The failure or delay of either party to exercise any right or remedy shall not be construed as a waiver of such right or remedy or any Breach by the other party.

Lessor’s acceptance of any rent shall not be considered a waiver of any preexisting Breach by Lessee other than the failure to pay the particular rent accepted regardless of Lessor’s knowledge of the preexisting Breach at the time rent is accepted.

13. RESTORATION OF LEASE PREMISES AND ENVIRONMENTAL MATTERS (a)Restoration of Lease Premises
(1) Upon expiration or sooner termination of this Lease, Lessee must immediately surrender possession of the Lease Premises to Lessor. Prior to the time of surrender, Lessee must remove all or any Improvements together with the debris and all parts of any such Improvements at its sole expense and risk, regardless of whether Lessee 1347 1241
Form51.16 (Rev. 10/14)

actually constructed or placed the Improvements on the Lease Premises; or Lessor, at its sole and absolute discretion, may itself remove or have removed all or any portion of such Improvements at Lessee's sole expense. Lessor may waive all or any part of this obligation in its sole discretion if doing so is in the best interests of the State. (2) As a separate and related obligation, Lessee shall restore the Lease Premises as nearly as possible to the conditions existing prior to the installation or construction of any Improvements. For purposes of this Lease, restoration includes removal of any landscaping; removal of any Hazardous Materials; and to the extent possible, undoing any grading, fill, excavation, or similar alterations of the natural features of the Lease Premises. Lessor may waive all or any part of this obligation in its sole and absolute discretion.
(3) Unless otherwise provided for in this Lease, Lessee shall submit to Lessor no later than one (1) year prior to the expiration of this Lease either: (a) an application and minimum expense deposit for a new lease for the continued use of the Lease Premises, or (b) a plan for the restoration of the Lease Premises to be completed prior to the expiration of the lease term together with a timeline for obtaining all necessary permits and conducting the work prior to the expiration of this Lease. (4) In removing any or all Improvements, or conducting any restoration work, Lessee shall be required to obtain any permits or other governmental approvals as may then be required by any Regulatory Agency, including, without limitation, any Environmental Law.
(5) Lessor may, upon written notice, in its sole and absolute discretion, accept title to any or all Improvements at the termination of this Lease. Lessor shall notify Lessee that Lessor intends to take title to any or all Improvements within six (6) months of Lessee submitting a plan for restoration under Paragraph 13(a)(3)(b) above. If Lessor elects to take title to any such Improvements, Lessee shall deliver to Lessor such documentation as may be necessary to convey title to such Improvements to Lessor free and clear of any liens, mortgages, loans, or any other encumbrances. Lessor shall not pay, and Lessee shall not be entitled to compensation for Lessor’s taking title to such property.
(b) Environmental Matters
(1) Lessee’s Obligations:
(i) Lessee will not use, occupy, or permit any portion of the Lease Premises to be used or occupied in violation of any Environmental Law. Lessee shall not manufacture or generate or store Hazardous Material on the Lease Premises unless 1348 1242
Form51.16 (Rev. 10/14)

specifically authorized under other terms of this Lease. (ii) Lessee shall practice conservation of water, energy, and other natural resources. (iii) Lessee shall notify Lessor and the appropriate governmental emergency response agency, or agencies immediately in the event of any release or threatened release of any Hazardous Material.
(2) Lessor may at any time during the Lease term require Lessee to conduct at its own expense and by a contractor approved by Lessor an independent environmental site assessment or inspection for the presence or suspected presence of Hazardous Material generated, used, placed, disposed, stored, or transported on the Lease Premises during the term of the Lease. Lessee shall provide the results of the assessment or inspection to Lessor and the appropriate governmental response agency or agencies and shall further be responsible for removing or taking other appropriate remedial action regarding such Hazardous Material in accordance with applicable Environmental Law.
(3) Environmental Indemnity.

Lessee shall indemnify, defend, and hold Lessor and Lessor’s, officer, appointees, volunteers, employees, agents, successors and assigns free and harmless from and against all Damages that may at any time be imposed upon, incurred by, or asserted or awarded against Lessor in connection with or arising from any Breach of Lessee’s obligations hereunder; or out of any violation by Lessee of any Environmental Law; or resulting in the imposition of any lien or claim for the recovery of any costs for environmental cleanup or other response costs relating to the release or threatened release of Hazardous Materials on the Lease Premises during the Lessee’s tenancy. This obligation shall include any prior leases between Lessor and Lessee and will continue through any periods Lessee is in holdover, unlawful detainer, or any subsequent monthto-month tenancies created by operation of law. Lessee’s obligations hereunder will survive the expiration or sooner termination of this Lease. (4) Violation of this section shall constitute grounds for termination of the Lease. Lessor, shall notify Lessee when, in Lessor’s opinion, Lessee has violated the provisions of this section. Lessee shall immediately discontinue the conduct and respond within five (5) business days. Lessee shall take all measures necessary to remedy the condition.

14. QUITCLAIM
Lessee shall, upon the early termination of this Lease and at Lessor’s request, execute and 1349 1243
Form51.16 (Rev. 10/14)

deliver to Lessor in a form provided by Lessor a good and sufficient release of all rights under this Lease. Should Lessee fail or refuse to deliver such a release, Lessor may record a written notice reciting such failure or refusal. This written notice shall, from the date of its recordation, be conclusive evidence against Lessee of the termination of this Lease and all other claimants.

15. HOLDING-OVER
(a)This Lease shall terminate without further notice upon the expiration of the term of this Lease. Lessee shall have removed any Improvements and completed any restoration as required by Lessor prior to the expiration of this Lease, and shall surrender possession of the Lease Premises. Any failure by the Lessee to remove Improvements, restore the Lease Premises, and/or surrender possession of the Lease Premises at the expiration or sooner termination of this Lease shall not constitute a renewal or extension and shall not give Lessee any rights in or to the Lease Premises or any part thereof except as expressly provided in this Lease. Lessee shall be deemed in unlawful detainer of the Lease Premises and Lessor shall be entitled to all resulting legal remedies. (b)Lessor may, in its sole discretion, choose to accept Rent for the Lease Premises instead of immediately taking legal action to recover possession of the Lease Premises. Any tenancy created by operation of law on Lessor’s acceptance of rent shall be deemed a month-to-month tenancy regardless of what sum or sums Lessee delivers to Lessor. Except as set forth below, any subsequent tenancy created in this manner shall be on the same terms, covenants, and conditions set forth in this Lease insofar as such terms, covenants, and conditions can be applicable to a month-to-month tenancy (c)In recognition of the increased accounting, land management, and supervisory staff time required for month-to-month tenancies, the rent for each month or any portion thereof during such holdover period may be an amount equal to one hundred fifty percent (150%) of one-twelfth (1/12) of the total compensation for the most recent year paid. In the event this Lease does not require monetary compensation, Lessor shall have the right to establish rent based on the fair market value of the Lease Premises. The month-to-month tenancy may be terminated by Lessee or Lessor upon thirty (30) calendar days’ prior written notice to the other.

16. ADDITIONAL PROVISIONS
(a) Waiver
(1) No term, covenant, or condition of this Lease and no omission, neglect, Default or Breach of any such term, covenant or condition shall be deemed to have been waived by Lessor's acceptance of a late or nonconforming performance or otherwise, unless such a waiver is expressly acknowledged by Lessor in writing. No delay or omission of Lessor to exercise any right or power arising from any omission, neglect, 1350 1244
Form51.16 (Rev. 10/14)

Default or Breach of term, covenant, or condition of this Lease shall be construed as a waiver or any acquiescence therein.
(2) Any such waiver shall not be deemed to be a waiver of any other term, covenant or condition; of any successive Breaches of the same term, covenant, or condition; or of any other Default or Breach of any term, covenant or condition of this Lease. (b) Time
Time is of the essence for this Lease and each and all of its terms, covenants or conditions in which performance is a factor.
(c) Notice
All notices required to be given under this Lease shall be given in writing, sent by U.S.

Mail with postage prepaid, to Lessor at the offices of the State Lands Commission and the Lessee at the address specified in this Lease. Lessee shall give Lessor notice of any change in its name or address.
(d)Consent
Where Lessor's consent is required under this Lease its consent for one transaction or event shall not be deemed to be a consent to any subsequent occurrence of the same or any other transaction or event.
(e)Changes
This Lease may be terminated and its term, covenants, and conditions amended, revised, or supplemented only by mutual written agreement of the parties. (f) Successors
The terms, covenants, and conditions of this Lease shall extend to and be binding upon and inure to the benefit of the heirs, successors, and assigns of the respective parties.
(g) Joint and Several Obligation
If more than one Lessee is a party to this Lease, the obligations of the Lessees shall be joint and several.
(h) Captions
The section and paragraph captions used in this Lease are for the convenience of the parties. The captions are not controlling and shall have no effect upon the construction or interpretation of this Lease.
1351 1245
Form51.16 (Rev. 10/14)

(i) Severability
If any term, covenant or condition of this Lease is determined by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Lease shall not be affected thereby, and each term and provision of this Lease shall remain valid and enforceable to the fullest extent permitted by law.
(j) Representations
Lessee agrees that no representations have been made by Lessor or by any person or agent acting for Lessor. Lessor and Lessee agree and acknowledge that this document contains the entire agreement of the parties, that there are no verbal agreements, representations, warranties or other understandings affecting this Lease, and Lessor and Lessee, as a material part of the consideration of this Lease, waive all claims against the other for rescission, damages, or otherwise by reason of any alleged covenant, agreement or understanding not contained in this Lease.
(k) Gender and Plurality
In this Lease, the masculine gender includes both the feminine and neuter, and the singular number includes the plural whenever the context so requires. (l) Survival of Certain Covenants
All covenants pertaining to bond, insurance, indemnification, restoration obligations, Breach, Default, and remedies shall survive the expiration or earlier termination of this Lease until Lessee has fulfilled all obligations to restore the Lease Premises as required by this Lease.
(m) Counterparts
This agreement may be executed in any number of counterparts and by different parties in separate counterparts. Each counterpart when so executed shall be deemed to be an original and all of which together shall constitute one and the same agreement. (n) Delegation of Authority
Lessor and Lessee acknowledge Lessor as defined herein includes the Commission Members, their alternates or designees, and the staff of the Commission. The ability of staff of the Commission to give consent, or take other discretionary actions described herein will be as described in the then-current delegation of authority to Commission staff. All other powers are reserved to the Commission.
1352 1246
Form51.16 (Rev. 10/14)

STATE OF CALIFORNIA - STATE LANDS COMMISSION
LEASE NO.

This Lease shall become effective only when approved by and executed on behalf of the State Lands Commission of the State of California and a duly executed copy has been delivered to Lessee. The submission of this Lease by Lessor, its agent, or representative for examination by Lessee does not constitute an option or offer to lease the Lease Premises upon the terms and conditions contained herein, or a reservation of the Lease Premises in favor of Lessee. Lessee's submission of an executed copy of this Lease to Lessor shall constitute an offer to Lessor to lease the Lease Premises on the terms and conditions set forth herein.

IN WITNESS WHEREOF, the parties hereto have executed this Lease as of the date hereafter affixed.

LESSEE:

CITY OF SAN CLEMENTE
By: ____________________________
Title: ____________________________
Date: ____________________________

ATTACH ACKNOWLEDGMENT
LESSOR:

STATE OF CALIFORNIA

STATE LANDS COMMISSION
By: ____________________________
Title: ____________________________
Date: ____________________________
Execution of this document was authorized
by the California State Lands Commission
on _______________________________.
1353 1247
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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: March 19, 2024 Agenda Item: 8A
Department: Public Works
Prepared By Zak Ponsen, Assistant City Engineer
Ryan Kim, Senior Civil Engineer
Subject:
..titl e
TRAFFIC ANALYSIS FOR AVENIDA PALIZADA CORRIDOR AT AVENIDA DE LA ESTRELLA ..body Fiscal Impact:

None for the purpose of obtaining direction from the City Council.

Summary:

On several occasions, the City Council has asked staff to explore strategies to improve the traffic flow in the Palazada/Estrella/El Camino Real/Interstate 5 area. Following a meeting with property owners, Caltrans, a member of the City Council and staff, it was determined that alternative striping, together with signal sychonization, could improve vehicular movement. Additionally, if Caltrans is able to modify the on and off ramps, more traffic concerns could be alleviated.

Background:

The subject roadway segment is located along the Avenida Palizada corridor between Avenida Caballeros and El Camino Real and includes four intersections within the 800-foot segment.

Avenida Caballeros and the I-5 Northbound on-ramp intersection are stop-controlled, while the I-5 Southbound off-ramp, Avenida De La Estrella, and El Camino Real are signalized. The distances between two adjoining intersections are 290 feet or shorter, which is a very short segment between intersections.

On November 15, 2022, and again on October 15, 2023, this item was considered at a regular meeting by the City Council. Specifically at the meetings, there was a request to explore a roundabout as an option to address the traffic concerns. Upon further consideration, it is recommended that other alternatives would be more effective in this specific situation. After review of several options, it was determined that the best current alternative would be modifications to the striping, synchronizing of traffic signals with El Camino Real, and getting Caltrans to increase the capacity of the southbound offramp by a widening project are the best options. If Caltrans is able to widen the offramp, more vehicles can queue closer to the intersection and a greater volume of vehicles can get through the Palizada corridor more efficiently. A third lane would also allow for 2 dedicated right hand turns lanes off the freeway in the dominant direction of travel.

Attachments 1 and 2 indicate a conceptual design for revised striping layouts that could help increase traffic flow through the corridor. In general, the design increases the capacity for both west and east bound traffic within the same street footprint. Modifying the striping would require traffic signal upgrades at both Avenida De La Estrella and El Camino Real. The synchronization 1 Meeting Date: March 19, 2024 Agenda Item: 8A

CITY OF SAN CLEMENTE
and striping modifications will require Caltrans approval and encroachment permits. It may require several months to obtain the necessary permits and it is also possible that Caltrans may require additional studies that will need to be conducted and funded by the City.

Staff has had conversations with Caltrans regarding the potential to widen their offramp to increase capacity. The initial responses received from Caltrans indicate the existing data does not show a need for off-ramp modifications and a new traffic study that includes both the Palizada corridor and the freeway traffic may be required. Staff is recommending the City formally request an expedited Caltrans traffic study and project for widening the offramp and synchronization of the traffic signal with the City’s traffic signals at Avenida De La Estrella and El Camino Real.

Although full implementation of the best practices would involve Caltrans widening of the offramp, the City could choose to initiate work on its portion of the project first. Results may not be as effective, but any improvement would be advantageous. Detailed studies would be required prior to any restriping improvements being completed and staff is proposing to include a CIP design project for this in the upcoming budget cycle.

Modification to striping in this corridor would require upgrades to at least three traffic signal poles, detection systems, and other improvements. The City has been approved by OCTA for their Countywide Synchronization Project, but per OCTA’s current schedule, actual implementation at the intersections is anticipated in two to three 2-3 years. The City will request an advanced payment or the ability to seek reimbursement once the OCTA project is commenced.

In staff’s review of the Palizada corridor, it was found that there is occasional congestion west of El Camino Real at the entrance to the Old Town Plaza located at 111 West Avenida Palizada.

Staff is recommending adding a “KEEP CLEAR” striping zone at this drive approach (Attachment 3). Currently, the eastbound vehicles queueing for the El Camino Real traffic signal (typical during morning traffic) can backup to this area and block westbound vehicles from entering the plaza.

This can cause a backup of westbound vehicles into the El Camino Real intersection. Staff is proposing to include the “KEEP CLEAR” striping as part of the next asphalt paving project that includes thermoplastic painting, which should be during the Summer of 2024.

Other potential modifications were considered during this re-evaluation of the Palizada corridor and included in the October 15, 2023 agenda report: diverging diamonds, creating a cul-de-sac on Avenida De La Estella, striping modifications, Caltrans modifications, and traffic signal synchronization. It was determined that the best approach would be synchronization of the corridor, modifying the stripping, and working with Caltrans to widen the offramp to add an additional lane.

As a note on the synchronization project, at the December 5, 2023 City Council meeting, the City Council approved submission of an OCTA Project P grant proposal for funding to assist in synchronization of this corridor with traffic signals on El Camino Real. OCTA staff has reviewed that grant application and informed City staff that the grant application included project improvements that overlap too much with a Countywide Synchronization Project that the City had previously agreed to during the September 14, 2023 City Council meeting. Since the Countywide agreement was approved by the OCTA Board, OCTA will be working towards updating the 2 Meeting Date: March 19, 2024 Agenda Item: 8A

CITY OF SAN CLEMENTE
synchronization system in San Clemente. The OCTA schedule for this synchronization project is approximately within the next two to three years.

Council Options:
 Direct staff to continue the processing of synchronization of the Palizada corridor with the potential striping modifications.
 Authorize the City Manager to send a letter to Caltrans requesting an expedited Caltrans project to widen the offramp and coordinate a synchronized traffic signal project with the City’s signal system.
 Provide other/further directions.

Environmental Review/Analysis:

The item is considered “Not a Project” pursuant to California Environmental Quality Act (CEQA) Guidelines section 15378. (14 CCR § 15378). The is no potential for action resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. In the event future modifications are included within the City, staff will reevaluate the CEQA determination at that time when a project is identified.

Recommended Actions:
..recommendation
Staff recommends that the City Council:

1. Direct staff to continue the processing of synchronization of the Palizada corridor with the potential for striping modifications; and

2. Authorize the City Manager to prepare and submit a letter to Caltrans asking for an expedited Caltrans project to widen the southbound I-5 offramp at Palizada, and to expedite processing of City permitting for striping and signal synchronization modifications along Avenida Palizada. ..end
Attachment:

1. Existing and Proposed Striping Palizada Corridor- East of Ave De La Estrella

2. Existing and Proposed Striping Palizada Corridor- West of Ave De la Estrella

3. Palizada Keep Clear Improvements
Notification:

None.
3 EXISTING CONDITION ON AVE PALIZADA
BETWEEN I-5 NB ON-RAMP AND SB OFF-RAMP

POTENTIAL STRIPING ON AVE PALIZADA
BETWEEN I-5 NB ON-RAMP AND SB OFF-RAMP

WITH ADDITIONAL SB OFF-RAMP LANE
N
STOP

AVE PALIZADA AVE PALIZADA
I-5 SB OFF-RAMP
I-5 NB ON-RAMP
I-5 SB OFF-RAMP
I-5 NB ON-RAMP
Attachment 1
4 EXISTING CONDITION ON AVE PALIZADA

BETWEEN AVE DE LA ESTRELLA AND ECR

POTENTIAL STRIPING ON AVE PALIZADA

BETWEEN AVE DE LA ESTRELLA AND ECR
ECR

AVE PALIZADA

AVE DE LA ESTRELLA AVE DE LA ESTRELLA
ECR

AVE PALIZADA
N Attachment 2
5 ---
N
EXISTING CONDITION PROPOSED "KEEP CLEAR" MARKINGS

CLEAR CLEAR KEEP KEEP
Attachment 3
6 910 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: March 19, 2024 Agenda Item: 9B
Submitted By: Beaches, Parks and Recreation
Prepared By: Samantha Wylie, Beaches, Parks and Recreation Director Subject:
..titl e
CONSIDERATION OF ADOPTING POLICY NO. 702-7 ENTITLED “GUIDELINES FOR NAMING BEACHES, PARKS AND RECREATION FACILITIES” ..body Fiscal Impact:

Approving and adopting this policy in the City’s Policies and Procedures does not have a fiscal impact, however, the spirit of the policy is to encourage funding sources for park development and projects through private entities.

Summary:

In an effort to provide a formal process for naming City owned properties and facilities, the Beaches, Parks and Recreation Commission (“Commission”) has reviewed and compiled a proposed comprehensive citywide policy to establish uniform guidelines for naming City assets.

The purpose of the policy is to provide a framework to facilitate the sponsorship and naming rights of City-owned facilities. This is an important initiative that can potentially generate revenue and offset some costs related to the expansion and/or reconstruction of many City parks and facilities. Sponsorships and donations can increase the marketability of assets and provide promotional support towards services that may improve visitor experiences and facilitiate public services.

The proposed policy (referenced in Attachment 1, Exhibit “A”) seeks to establish that a naming request will support either: (1) the general location of the facility/park; (2) a relation to significant events, people, places, and enduring principles; or (3) be in conjunction with a major donation or funding opportunity.

It is important to note that this proposed policy is separate from the C.A.R.E. Program, which establishes a mechanism for citizens to donate benches and picnic tables within public spaces.

Background:

The BPR Work Plan for FY 2023-24 allowed for the establishment of a Sponsorship and Funding Subcommittee (“Subcommittee”). A primary goal of this subcommittee was to consider policies and procedures related to the sponsorship of and donations towards public facilities. The Subcommittee reviewed policies from similar agencies across Southern California while taking into consideration the specific needs and community makeup/infrnaming rights astructure of San Clemente.

While the City does not have an adopted Policy & Procedure for the naming of parks, the park naming process has been guided by a procedure established by the Commission and reviewed 1 Meeting Date: March 19, 2024 Agenda Item: 9B

CITY OF SAN CLEMENTE
by the City Council in February 1987 (Attachment 2). This procedure was not formally adopted but has been utilized as the guiding document for naming new parks in San Clemente. It reasons that the criteria for new park names may be most appropriate to consider but not limited to historical figures, national and/or military heroes, living or deceased individuals who made significant contributions to the community, local geographic locations, neighborhoods, prominent landmarks, appropriate Spanish designations, and/or proximity by schools.

Council Options:
 Adopt Resolution No. 24-38 which will approve a policy providing guidelines for naming cityowned facilities.  Modify the policy and adopt Resolution No. 24-38.
 Continue the item with further direction to staff.
 Deny the policy.

Environmental Review/Analysis
Adopting a policy related to the procedures for naming public facilities is not a “project” pursuant to the State California Environmental Quality Act Guidelines Section 15378.

Recommended Actions:

Staff Recommendation ..recommendation
Staff and the Beaches, Parks & Recreation Commission recommend that the City Council adopt Resolution No. 24-38, approving Policy No. 702-7, entitled “Guidelines For Naming Beaches, Parks And Recreation Facilities”.
..end
Attachment:

1. Resolution No. 24-38

2. Park Naming Procedure, circa 1987
Notification:

None.
2 Attachment 1
RESOLUTION NO. 24-38

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF SAN CLEMENTE, CALIFORNIA, ADOPTING POLICY
NO. 702-7 “GUIDELINES FOR NAMING BEACHES,
PARKS AND RECREATION FACILITIES”
WHEREAS, the San Clemente City Council recognizes the importance of establishing clear guidelines for the naming of public facilities within its jurisdiction; and WHEREAS, the naming of public facilities presents an opportunity to honor individuals, organizations, or entities that have made significant contributions to the community or have otherwise demonstrated exceptional merit; and WHEREAS, it is the responsibility of the San Clemente City Council to ensure that the naming of public facilities reflects the values, culture, and aspirations of the community.

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

Section 1. That the above recitals are considered findings by the City Council and incorporated into the body of this resolution fully.

Section 2. That Policy and Procedure No. 702-7 entitled “Guidelines For Naming Beaches, Parks and Recreation Facilities” attached hereto as Exhibit “A” and fully incorporated herein by this reference is hereby adopted.

Section 3. That this resolution repeals in full and rescinds any other Resolutions or actions in conflict herewith.

Section 4. 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 ____________________, 2024.

ATTEST:
___________________________ __________________________
City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California
3 Resolution No. 24-38 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. 24-38 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. 24-38 Page 3
Exhibit “A”

POLICY AND PROCEDURE

1.0 PURPOSE:

1.1 The purpose of this policy is to establish uniform guidelines for naming beaches, parks, and recreation assets. This policy outlines the criteria, conditions, and procedures that govern naming City assets in order to maintain their integrity, encourage philanthropic giving while acknowledging public investments, and safeguard against unwanted commercialization of City assets.

1.2 This procedure applies to all facilities and amenities under the direction of the Beaches, Parks and Recreation (BPR) Department, and the Beaches, Parks and Recreation Commission. For the purpose of this procedure, “naming” is used to identify both the initial naming of new facilities and renaming (changing the name of an existing facility or amenity).

1.3 This policy applies to all City-owned facilities, such as parks and trails, and also applies to major amenities within parks or other facilities that may be considered for specific naming, such as a group of ball fields or sports courts.

2.0 ORGANIZATION AFFECTED:

Beaches, Parks & Recreation Department

3.0 REFERENCES:

Policy No. 204-5; Guidelines for the Acceptance of Donations, Sponsorships, & Gifts

4.0 POLICY:

4.1 The policy of the City of San Clemente is to reserve the naming of City assets for circumstances that will best serve the City’s interests and ensure a worthy and enduring legacy for the City. To this end, the City supports naming requests within the following broad categories:

Subject: Guidelines for Naming
Beaches, Parks and Recreation Facilities
Index: Public Service Facilities &
Activities
Number: 702-7
Effective Date: Prepared By: Beaches, Parks &
Recreation Department
Supersedes: N/A Approved By:
5 Resolution No. 24-38 Page 4

4.1.1 Location: As a general policy, a name should assist the public in identifying its location. The City shall first consider the name of the community area, the names of nearby geographic features, and the names of adjacent schools and streets when it is considering a naming request.

4.1.2 Significant Events, People, Places, and Enduring Principles: The history of a major event, place, or person may play an important role in preserving and honoring a community’s history,
landmarks, or prominent geographical features. The City may name a City asset for a major event, place, or person of social, cultural, or historical significance to the local area when the City asset is associated with or located near the events, people, or places of social, cultural, or historical significance. The relationship of the event, person, or place to the City asset must be demonstrated through research and documentation.
a. The “People” category is intended to acknowledge
individuals who have made substantial contributions to
benefit the City, local community, park, or recreation
system. Naming a City asset for an outstanding individual is encouraged for those persons whose significance and
good reputation have been accepted in the community, or City, and/or have local, state, or national historical
significance.
b. The “Enduring Principle” category is intended to allow and encourage naming City assets in honor of principles that the City upholds and supports, and recognize principles that may inspire citizens (for example, “Liberty Park”).

4.1.3 In considering naming a City asset after an individual, priority will be given to those who have made a sustained and lasting contribution to:
a. The City of San Clemente
b. The County of Orange
c. The State of California
d. The United States of America

4.1.4 Major Donations. The City has benefited from the generosity of residents, organizations, and businesses. The significance of funding may warrant acknowledging the funding source by naming a City asset. Naming a City asset for an individual, organization, or business when funding is involved will include a Donation Acceptance Form (see Policy 204-5, Guidelines for the Acceptance of Donations, Sponsorships, and Gifts), along with one or more of the following:
6 Resolution No. 24-38 Page 5
a. A significant contribution toward the capital construction costs of the facility;
b. A deed to the City of land for the majority of the City assets by the donor; and/or
c. A 20-year endowment for the continued maintenance and operation of the City asset.

4.2 General Provisions: In considering proposals for the naming of a City asset, the City will consider whether the proposed name will:
a. Engender a strong, positive image, consistent with the City’s goals and visions.
b. Be appropriate relative to the City asset’s location and/or history.
c. Incorporate the assigned historic name if the City asset is a designated historical resource listed on the local, state, or national register of historic resources.
d. Have historical, cultural, or social significance for future generations.
e. Commemorate places, people, or events that are of
continued importance to the City, community, region, or state.
f. Have symbolic value that transcends its ordinary meaning or use and enhances the character and identity of the City asset.
g. Have broad public support.
h. Not result in the excessive commercialization of the City asset(s).
i. The City will not permit corporate logos, insignias, or advertising slogans in the permanent naming of a City
facility. This does not apply to signage within a park or facility, but, in all cases, excessive commercialization will be avoided.
j. When considering the naming of a City asset that includes a business name, naming must be for a defined,
contractual period of time.
k. All related signage shall comply with the City sign
ordinance (see San Clemente Municipal Code, Chapter

17.84, Sign Regulations).
l. The City shall retain full editorial control over all related signage, subject to the City’s sign ordinance. Any physical form of on-site recognition shall not interfere with visitor use or routine operations. The form of any on-site
recognition shall:

1. Be of appropriate size and color, within the design
scheme of the facility.

2. Not dominate the sign in terms of scale or color.
7 Resolution No. 24-38 Page 6

3. Not detract from surroundings or any interpretive
messages.

4. Be subject to review and approval by the BPR and
Community Development Departments.

4.3 Funding Acceptance Criteria. The City may not accept funding, as part of a naming proposal, if accepting the funding would create a conflict of interest, as set forth in the City’s documented “Ethical Practice of Government”, the State of California Fair Political Practices Commission regulations or other applicable law. The following principles form the basis of the City’s consideration of a naming proposal based on funding:
a. The mission of a funding source must not compete, impair, or conflict with the policies, goals, or operation of the City; b. The funding source must provide a desirable association according to the general provisions of this policy; and c. Naming rights offered are commensurate with the relative value of the funding.

5.0 PROCEDURE:

5.1 Initiating a Naming Proposal:

5.1.1 Applicants and proposers shall submit their naming proposal to the BPR Department Director.

5.1.2 Written proposals must, at a minimum, include the following:
a. The proposed name of the City asset.
b. Reasons for the proposed name, including a discussion of the criteria identified in this policy.
c. The amount of the donation or funding provided for the City asset, if applicable.
d. If proposing to rename a City asset, justification for changing an established name.

5.2 Naming Proposal Review Process:

5.2.1 Upon receipt of the naming proposal, the BPR Director shall consider the following items in the review:
a. When appropriate, submit the request to the appropriate City staff for a historical review, including the California Historic Resources Inventory Database (CHRID) and the
local, state, or National Register of Historic Places. Any on-site recognition shall comply with the US Secretary of the Interior’s Standards for the Treatment of Historic
Properties.
b. Consider the impact of the naming proposal on the
community.
8 Resolution No. 24-38 Page 7
c. Consider the cost of implementation and signage, and identify the funding to cover such costs.

5.2.2 The Department Director will submit the proposal to the City Manager for review and comment.

5.2.3 The Department Director will submit the proposal to the City Attorney for legal review, to include the following:
a. Ownership rights, by agreement or by law.
b. Adherence to other City policies, as well as any local, state, or federal regulation.

5.2.4 If the applicant’s proposal follows the intent of this policy, the Department Director shall present the request to the BPR Commission for its consideration, and request the Commission decide whether to submit the proposal to the City Council.

5.2.5 In all cases, the City Council shall make the final decision regarding naming the City asset, and will be afforded significant latitude as it arrives at a final naming decision.

5.3 The City, in its sole discretion, may:

5.3.1 Reject naming proposals or remove existing naming that portrays or includes depictions, words, or phrases that are reasonably deemed to be harmful, controversial, or otherwise do not support the guiding principles stated in this policy.

5.3.2 Reserve the right to rename a City asset for any reason, for instance, if the resident, organization, or business for which it is named turns out to be disreputable, becomes disreputable, or does not otherwise support the guiding principles set forth in this policy or for any other reason or no reason.

5.3.3 At times, in order to encourage public engagement and funding, the City may offer the opportunity to name smaller park amenities, such as a single ball field or individual pavers in a plaza. The process and administration for these smaller offerings will be decided on an individual basis by agreement between the BPR Commission and the BPR Department Director.

6.0 DEFINITIONS:

City Facility (included in City Assets): Any part of real property or structure owned by the City or for which naming rights are conferred by agreement, including, but not limited to parks, libraries, Recreational Facilities buildings, parking facilities, interior or ancillary features that are a part of, or within, a larger facility and other City facilities.

Commission: Commission as recognized by the San Clemente Municipal Code.

Department Director: Appointed director of the department that owns the City Asset eligible for naming or renaming. The director may assign this responsibility to other department staff within their delegation of authority.
9 Resolution No. 24-38 Page 8
Donation or gift: A monetary (cash) contribution, endowments, personal property, real property, financial securities, equipment, in-kind goods or services, or any other City Asset that the City has accepted and for which the donor has not received any goods or services in return. For purposes of this Council Policy, the terms “donation” and “gift” shall be synonymous.

Donor: A person or other legal entity that proposes or provides a donation to the City.

Funding Source: The source of funding which can include individuals, nonprofit organizations, and for-profit entities.

Funding: Financial or in-kind resource to provide funding that might result in naming or renaming.

Naming: The selection and approval by the City for the initial naming of a City Asset other than streets within the public right of way.

Renaming: The selection and approval by the City for a new name of an existing City Asset other than streets within the public right of way. 10 ATTACHMENT 2
11 ·., . ( (

ACTION OF THE PARKS ANO RECREATION COMMISSION

CITY OF SAN CLEMENTE

SCANNED
FEBRUARY 10, 1S87
A regular meeting of the Parks and Recreation
Commission of the City of San Clemente was called
to order by Chairperson Wohlfarth at 7:30 p.m. at
the Community Center in the Ole Hanson Room, on
Tuesday, February 10, 1987.

Addressed to: San Clemente City Counci I
___ Re: P_rocedure for Naming Parks
The Parks and Recreation· Commission discussed the
recommendation regarding a p~ocedure for naming new parks in San Clemente.

Following discussion, IT WAS MOVED

SECONDED BY COMMISSIONER DOHERTY

THAT THE PARKS ANO RECREATION

CITY COUNCIL THE ADOPTION OF

BY COMMISSIONER YEILDING,

FOR DISCUSSION PURPOSES,

COMMISSION RECOMMEND TO THE

THE FOLLOWING PARK NAMING
PROCEDURES:
~ - tHE PROCEDURE FOR NAM ING NEW PARKS IN THE CI TV SHALL INCLUDE THE FOLLOWING:

A. The submittal of recommended park names for
consideration t~ be received In writing, accompanii
ed by a statement summarizini the Justification, to
the Parks and Recreation Commission.·-.-
B. The Parks and Recreation Commission review of
the new park name submittals at a scheduled Commission meeting for the purpose of establishing a formal Commission recommendation to the City
Counci I.
___ C. City Council action on the final decision to
name a new park from the full list of submittafs
received from the Parks and Recreation Commission.
- 1 -
t
'
t
12 ( ( O. The criteria for park names wh,~n may be most appropriate would include but not be I imited to
historical figures, national and/or mi I itary
heroes, living or deceased individual! who made
significant contributions to the community, local
geographic locations, neighborhoods, prominent
landmarks, appropriate Spanish language designations, and/or close by schools.

COMMISSIONERS DOHERTY, WOHLFARTH, AND YEILDING VOTED YES:

COMMISSIONER MITCHELL VOTED NO. THE ACTION WAS APPROVED <3- 1-0>.

Parks & Recreation Manager
thiirp;;;;;-;~d-c;;;T;;T;~er of the
Parks and Recreation Commission
I·
END DOCUMEfl;r
- 2 -
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: March 19, 2024 Agenda Item: 9C
Submitted By: Beaches, Parks and Recreation
Prepared By: Samantha Wylie, Beaches, Parks and Recreation Director Subject:
..titl e

CONSIDERATION OF PROVIDING DIRECTION ON ESTABLISHING FEES FOR PLAY UPON PICKLEBALL COURT ..body S
Fiscal Impact:

Establishing fees for the use of the pickleball courts will result in increased revenue. The total revenue generation is unknown and will be dependent on the fee proposed.

Summary:

The purpose of this administrative report is to receive direction from the City Council to further research and present a proposal for implementing fees for play upon public pickleball courts within San Clemente. With the growing popularity of pickleball and the increasing demand for court usage, it is essential to explore options for sustainable management and maintenance of these facilities.

To address the financial sustainability of the City’s public courts, staff proposes that the City Council consider implementing usage fees. These fees would help offset maintenance costs, ensure the continued availability and quality of pickleball facilities for the community, and provide funding for the future development of courts. Staff recommends that the City Council direct the Beaches, Parks & Recreation Commission to further research and investigate options for implementing fees for play on public pickleball courts and return to the City Council with recommendations.

Background:

Pickleball has experienced significant growth in participation across our community, attracting players of all ages and skill levels. The availability of the courts contributes to the health, wellness, and social connectivity of residents. However, the maintenance and upkeep of these facilities pose an additional financial impact on the City’s parks and recreation budget. As the City seeks to implement the next phases of the Richard T. Steed Memorial Park Master Plan, a regular funding stream will support the potential costs associated with development and operations.

Council Options:
 Direct staff and the Beaches, Parks & Recreation Commission to review the possibility of establishing fees for play on the pickleball courts and report back to the Council with its findings and recommendations.
1 Meeting Date: March 19, 2024 Agenda Item: 9C

CITY OF SAN CLEMENTE
 Continue the item with further direction to staff to return to the City Council with additional information.
 Do not direct staff and the BP&R Commission to review fees for play at the pickleball courts.

Environmental Review/Analysis:

Not a project pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15378 (14 CCR § 15378) because providing direction to evaluate and provide a recommendation on proposing fees has no potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. Once a fee schedule is recommended, staff will return to the City Council with additional analysis as needed.

Recommended Actions:

Staff Recommendation ..recommendation
Staff recommends that the City Council direct the Beaches, Parks & Recreation Commission to review the possibility of establishing fees for play upon the public pickleball courts and report back to the City Council with its findings and recommendations. ..end
Attachment:

None.

Notification:

None.
2 910 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: March 19, 2024 Agenda Item: 9D
Submitted By: City Manager
Prepared By: Andy Hall, City Manager
Subject:
..titl e
DRAFT SAN CLEMENTE COASTAL STRATEGIC PLAN ..body
Fiscal Impact:

None at this time.

Summary:

The City has prepared a draft Coastal Strategic Plan which describes ongoing and planned high priority coastal projects and programs to be implemented to protect and restore the City’s sandy beach and shoreline.

Background:

Coastal erosion is a significant problem in San Clemente which threatens the public beaches, coastal public access, existing structures, critical public infrastructure, and the fundamental quality of life in the City.

Protection of the sandy, walkable public beach is a top community priority. The sandy beach is essential to a quality of life in San Clemente. San Clemente’s beach is an important asset and amenity. The beach supports long-term community vitality and character.

Many of City’s coastal programs and projects that are underway and included in the draft 2024 Coastal Strategic Plan were identified in the City’s 2021 Coastal Resiliency Plan and as such remain principal elements of a comprehensive plan to ensure the coastline is preserved and protected today and for future generations of residents and visitors.

There are 4.7 miles of shoreline in the City (i.e., 24,816 linear feet). For planning purposes, the City goal is the development of a comprehensive, long-term, Citywide coastal resiliency strategy that provides benefits to all residents and visitors.

Discussion:

The intent of the draft Coastal Strategic Plan (included as Attachment 1) is primarily to inform the community of the City’s efforts and plans to protect and restore the City’s sandy beach and shoreline for the benefit of all. Secondarily, the Coastal Strategic Plan is intended to further the community conversation on advancing beach sand replenishment and retention projects in San Clemente.

Restoring sand to the City’s beaches has been identified by the Council as a top City priority.

Additional priorities include keeping the sand in place through installation of sand retention 1 Meeting Date: March 19, 2024 Agenda Item: 9D

CITY OF SAN CLEMENTE
systems and collaborating with residents, businesses, and regional, state, and federal partners to develop additional regional coastal resiliency projects.

The Coastal Strategic Plan includes two categories of projects including capital projects and ongoing programs and efforts that are non-capital in nature.

In summary, the range of funding needed in the City to develop and sustain these programs in the next 50 years is currently estimated at $170M - $200M with a target annual revenue need of $4M.

In advancing a comprehensive, long-term, citywide beach sand replenishment and retention strategy, the establishment of a Coastal Strategic Plan is a crucial step in defining key projects and programs necessary to advance important City objectives as embodied within the Plan.

Key recommendations in the draft Coastal Strategic Plan include establishing a Capital Improvement Program (CIP) in the upcoming fiscal year that begins July 1, 2024. Establishing a dedicated CIP will support the City’s efforts to implement the projects and programs identified in the draft Coastal Strategic Plan.

Developing long term, sustainable funding strategies is a fundamental pre-requisite to implement the projects in the Coastal Strategic Plan. The City is currently conducting a comparative economic analysis of various funding mechanisms and tools available to generate the necessary revenue to support the projects and programs identified herein.

Funding strategies being evaluated include a transaction use tax, sales tax, transient occupancy tax, parcel tax and other options such as a geologic hazard abatement district. The economic analysis is intended to provide data to support the advancement of the City’s preferred strategies and revenue generation opportunities for implementation of strategic coastal projects and is anticipated to be complete in Spring 2024.

Additional information and updates will be presented to the City Council in the months ahead.

Council Options:
 Receive and file.
 Continue the item with direction given to staff.

Environmental Review/Analysis:

This is an informational item only and is not a “project” as defined by CEQA State CEQA Guidelines Section 15378.

Recommended Actions:

Staff Recommendation ..recommendation
Receive and file the Administrative Report dated March 19, 2024, and on file with the City Clerk. ..end
Attachment:

1. Draft City of San Clemente Coastal Strategic Plan
2 Meeting Date: March 19, 2024 Agenda Item: 9D

CITY OF SAN CLEMENTE
Notification:

None.
3 Attachment 1
~ Draft ~
City of San Clemente
Coastal Strategic Plan
4 2 | P a g e
Introduction and Purpose
The City has prepared a first draft Coastal Strategic Plan which describes ongoing and planned high priority City coastal projects and programs and technical data needs and associated costs.

The purpose of this draft Coastal Strategic Plan is first and foremost to inform the community of the City’s efforts to protect and restore the shoreline. Secondarily, this plan has been prepared to obtain community input on the path forward for advancing beach sand replenishment and retention projects in San Clemente and the South Orange County region. This Plan is intended to be a living document that is periodically updated over time.

Restoring sand to the City’s beaches has been identified by the Council as a top City priority.

Additional priorities include keeping the sand in place through installation of sand retention systems and working collaboratively with residents, businesses and regional, state and federal partners to develop additional regional coastal resiliency projects.

The City is currently conducting a comparative economic analysis of various funding mechanisms and tools available to generate the necessary revenue to support the projects and programs identified herein. Funding strategies being evaluated include a transaction use tax, sales tax, transient occupancy tax, parcel tax and other options such as a geologic hazard abatement district.

The economic analysis is intended to provide data to support the advancement of the City’s preferred strategy(ies) and revenue generation opportunities for implementation of strategic coastal projects and is anticipated to be complete in Spring 2024.

Coastal Strategic Planning Context
Many of City’s coastal programs and projects that are underway were identified in the City’s 2021 Coastal Resiliency Plan and as such remain important elements of a comprehensive coastal strategic plan to ensure the coastline is preserved and protected today and for future generations of residents and visitors.

There are 4.7 miles of shoreline in the City (i.e., 24,816 linear feet) which encompasses both City beaches and State Beaches.
 1.9 miles of City of San Clemente Beaches
 1.15 miles of California State Parks / State Beaches
 1.65 miles = @ 0.93 miles at Capistrano Shores & 0.72 miles at Cyprus Shore In order to nourish all beaches in the City, the City will need to add between 2 million and 9 million cubic yards of sand depending on the optimal beach width desired. For planning purposes, the following assumptions are used.
 Each square foot of beach to be created requires an estimated 1.5 yd.³ of sand  Multiplying the length of the San Clemente shoreline (24,816 feet) x the desired added beach width, one can derive the target quantity of beach sand needed.

For example:
5 3 | P a g e
 50 additional feet of beach requires 2,000,000 yd.³ of sand  100 additional feet of beach requires 4,000,000 yd.³ of sand  150 feet of additional beach requires 6,000,000 yd.³ of sand  200 feet of beach with requires 7,500,000 yd.³ of sand  250 feet of additional beach width requires 9,000,000 yd.³ of sand As a reference point, SANDAG typically uses 250 feet of additional beach width for regional planning purposes as this is the design volume required to be resistant to 100-year coastal storm wave events.

Identification of additional sand sources is a top priority. Preliminary estimates indicate that the borrow site off of the Santa Margarita River Mouth (Camp Pendleton), has an estimated 20 million cubic yards of sand. This site was initially used by the USACE project though the sand is below a layer of cobble and a secondary borrow site at Surfside Sunset is currently being pursued.

Other agencies will be interested in accessing various sand sources offshore so it is prudent to locate other sand sources that can be used to sustain a City-wide, long term, comprehensive sand nourishment program. Additional sand-retention strategies are also being pursued to keep the sand in place including those in the “Nature Based Coastal Project Feasibility Study” initiated in late 2022 and is expected to be complete in late 2025.

Overview of the Coastal Strategic Plan
Following are descriptions of projects and planning efforts identified as top, near-term City priorities for Fiscal Years 23/24 through 25/26.

The first category of projects are capital projects. The second category describes ongoing programs and efforts that are non-capital in nature.

In Summary, the range of funding needed in the City to develop and sustain these programs in the next 50 years is currently estimated at $170M - $200M with a target annual revenue need of $4M.

In advancing a comprehensive, long-term, citywide beach sand replenishment and retention strategy, this document is an important step in defining key projects and programs necessary to advance important City objectives as embodied within this Coastal Strategic Plan.

Key recommendations include establishing a Coastal Strategic Plan Capital Improvement Program (CIP) in the 24/25 City Budget with dedicated funding to implement coastal resiliency projects listed below. Developing long term, sustainable funding strategies is a fundamental pre-requisite to implement the projects in the Coastal Strategic Plan.
6 4 | P a g e
San Clemente Shoreline Sand Replenishment Project
The U.S. Army Corps of Engineers (USACE) 50 Year
Coastal Storm Damage Reduction Project involves
placement of 251,000 cubic yards of sand in the
center of the city, north & south of the Municipal Pier.

This project is congressionally authorized to repeat
every 5-6 years for the next 50 years.

Goals and Outcomes: Implementation of a longterm beach sand replenishment program at the City’s main beach with planned placement of 2 million cubic
yards of sand over 50-year project life.

Estimated Cost: Fully funded for initial event in 2023/2024. Future renourishment events dependent on securing funding. Current 50-year cost is $240M and would be generally cost shared 50/50. Some costs, such as the required periodic cost updates, are not cost shared with the City and are paid for solely by the USACE. The current Non-Federal 50-year cost is $120M for 8 planned renourishment events.

Implementation Notes: First event initiated in December 2023 and paused due to sediment quality issues. It is expected that a second borrow site will be needed to complete the first event in 2024.

The City is currently working with the USACE to permit use of a borrow site offshore of the Surfside Sunset beaches in Orange County.

Capital Projects
7 5 | P a g e
City will need to identify a dedicated
funding source/revenues to ensure full
participation in this 50 year federally
cost shared project. Future
renourishment events beginning in
FY28/29 are cost shared 50/50
federal and non-federal. City would
need to seek State Parks funding
support again and ideally develop a
dedicated funding source to ensure
project delivery. City will need to apply
for State Parks grant funding in
FY25/26. USACE will need City funds
to initiate PED in 2027 in order for the
project to remain on schedule for
renourishment @ year 6 (i.e., 2030 /
2031).

SANDAG Regional Beach Sand III Project
Goals and Outcomes: The goal in developing this project is to supplement the USACE project by placing sand in other areas of the City that do not directly receive sand under the USACE project.

This project supports development of a regional beach sand program Similar to USACE beach sand project but likely in different locations in the City. The City is currently participating in Phase 1 which will include a draft and final feasibility study, literature review of borrow site data and economic appendix.

Estimated Cost: The Actual Phase 1 cost to the City was $109,512. Phase 2 cost to the City is TBD. Phase 3 cost to the City is TBD.

Implementation Notes: Initiated in Fall 2023. City signed an MOU with SANDAG for Phase 1 of RBSP III. Phase 1 is anticipated to be complete in Spring 2025. This will be a multi-year / multiphase project that could deliver additional sand to the City in an estimated 3-5 years after environmental and permitting tasks are complete in Phase 2.

Nature Based Coastal Project Feasibility Study
Goals and Outcomes: The goal is to define preferred sand retention structure concepts that are based on replicating natural features and/or using natural materials to the maximum extent. Goal is to identify appropriate sand retention projects for long term sand retention in the City to retain sand added by USACE project, SANDAG project, SCOUP projects, South OC sand project, etc.

Capital Projects
8 6 | P a g e
Estimated Cost: Currently funded through a $300,000 grant to the City. Next phase costs to be determined in late 2024 or early 2025 based on preferred design concepts that emerge from the study. For reference:
 Oceanside is estimating $50M cost for RE:BEACH pilot project  Moffat & Nichol estimating $75M per structure at North Beach Implementation Notes: Initiated in Fall 2022. Cost estimates to be developed in Draft Feasibility Study (i.e., project economic analysis). Costs to be defined based on Council direction on preferred designs/locations.

Sand Clemente Sand Compatibility & Opportunistic Use Program (SCOUP) Goals and Outcomes: Completion of streamlined environmental review and permitting tasks to support placement of opportunistically available sediments on the City’s beaches, via ruck and rail, as they become available. All San Clemente beaches will be included & available to receive sand under this program initiated in February 2024.

Estimated Cost: Formal direction provided by Council on 2/20/24 to proceed with program development. Costs to be determined based on comparison to other SCOUP program implementation costs and receipt of proposals from experienced & qualified contractors and are estimated to range from $500,000 to $900,000 to reestablish the program, completed environmental documentation and obtain regulatory permits.

Implementation Notes: City had SCOUP program in place from 2005-2017 and this effort will build on the previous program. When beach compatible material is identified, costs would be determined and could include sampling (SAP), monitoring and trucking costs. Could include material from Santa Ana River, sand delivery via rail and landslide material. City staff have requested cost proposals from companies experienced in developing SCOUP programs for other jurisdictions.

Sand Delivery Via Rail
Goals and Outcomes: Facilitates additional beach sand placement opportunities in the City to restore sandy beaches. Sand delivery via rail is an important tool for the City given the proximity of the railroad along the City’s shoreline and railroad coastal resiliency planning efforts currently underway.

Capital Projects
9 7 | P a g e
Estimated Cost: Per OCTA in Fall 2023, cost is $375,000 for 15 k. cu. yds cubic yards of sand if delivered via rail car (side dump).

Implementation Notes: City coordinating with OCTA as an important opportunity given the ROW in City. This project could utilize SCOUP permits. Cost for 250k. cu. yds would be $6.2M with linear scaling – source is Prado Dam. Cost does not include environmental or permitting if required beyond SCOUP permits initiated in 2024. City and OCTA remain in ongoing discussions about opportunities to collaborate to support mutual goals of shoreline protection and the protection of critical public infrastructure which includes the sandy beach.

Regional Beach Nourishment Projects with South OC Agencies Goals and Outcomes: Regional beach sand nourishment and retention projects developed in collaboration with others including County of Orange, Dana Point, State Parks, OCTA, Caltrans and others.

Estimated Cost: TBD
Implementation Notes: The Draft South OC Regional Coastal Resiliency Strategic Plan expected to be published in March 2024. The City is collaborating with other South OC agencies to develop regional project. While this project is in a conceptual stage only as of March 2024, it is likely this effort will move forward in 2024 given the high level of interest in restoring the sandy beach in the region.

Marine Safety Headquarters Study
Goals and Outcomes: Supports rebuilding of the City’s Marine Safety Headquarters and will help to identify opportunities and constraints that the City can use to advance building design and location for this critical public safety facility.

Estimated cost: $30k
Implementation Notes: The Marine Safety Headquarters rebuild project is current in the design phase which was initiated in 2021. This study is necessary to determine the optimal building Capital Projects
10 8 | P a g e
design and location. Completion of this study is essential to advancing the City’s project and completion is targeted for 2024-2025.

Annual Shoreline Monitoring Program
Goals and Outcomes: The general objective of the monitoring program is to document changes in the condition of the shore zone between Dana Point Harbor and San Mateo Point, thereby providing a basis for evaluating the impacts of both natural events and beach replenishment operations. The program includes semi-annual beach profile surveys at 12 representative coastal sites each Fall (October) and Spring (May).

Estimated Cost: Fully funded in calendar years 2022 through 2025 through a grant to the City. City to assume ongoing program costs beginning in 2026 when grant funding concludes. 3.3% annual cost escalation rate should be assumed per Coastal Frontiers. FY 25/26 cost = $82,778. FY 26/27 cost = $85,210.

Implementation Notes: The City re-established this program in Fall 2022 which builds on a longerterm historical data set going back to 1982. High-resolution data set collected each fall and spring.

The City’s shoreline monitoring program collects data at 12 transect locations from north of San Juan Creek to Cottons Point. The City’s program tracks regional beach width from the back of the beach to the depth of closure ~ 30 feet of water depth to ensure the entire shoreline profile is captured including offshore sand bars that are below water in winter.

Planning Efforts & Technical Analyses
11 9 | P a g e
Offshore Sand Source Investigation
Goals and Outcomes: The goal is to find beach quality sand in large volumes to support a comprehensive, long term beach nourishment in the City and possibly the greater region.

Estimated Cost: ~ $800k (via grant funding)
Implementation Notes: Tandem approach of a grant request and request to USACE for “Planning Assistance to the States” (PAS). Draft grant application submitted to CCC in Fall 2023. This would be a one-time cost and costs are currently assumed to be covered by a CCC grant or USACE PAS.

Pursuing this grant opportunity for City to do the work if USACE “Planning Assistance to the States” (PAS) does not occur or is not timely.

South OC Coastal Resiliency Working Group
Goals and Outcomes: Overarching goal is to develop a comprehensive regional beach sand & retention program that is South OC focused. The group would work together to identify regional projects that could supplement the USACE project and nourish other beaches in the City. It is anticipated that the South OC Regional Coastal Resiliency Strategic Plan anticipated in Spring 2024 will seek to formalize the relationship between agencies.

Estimated Cost: No additional cost. Participation cost embedded in Coastal Administrator contract.

Future costs anticipated when a “project” is identified.

Implementation Notes: This group is comprised of agency staff and was initiated in 2023 to promote staff level regional coastal resiliency collaboration. No costs until such time as a “project” is identified.

It is anticipated that this group will continue to work together as the agencies develop a regional coastal resilience governance structure involving elected officials formalizing the collaborative relationships.

SANDAG Oceanside Littoral Cell Technical Task Force
Planning Efforts & Technical Analyses
12 .c
u
250
200
i 100
~ :;
10 | P a g e
Goals and Outcomes: Supports regional coordination and collaboration on beach sand projects, shoreline monitoring and other technical studies. This group meets quarterly.

Estimated Cost: No additional cost. Participation cost embedded in Coastal Administrator contract.

Implementation Notes: Underway as of 2023. Includes San Clemente, Oceanside, Carlsbad, Encinitas, Solana Beach, Del Mar, San Diego, County of Orange, State Parks, Dana Point, OCTA, Camp Pendleton and other regional partners including Scripps and UCI.

On Call Coastal Engineering Services
Goals and Outcomes: Ensures technical expertise is readily available to the City on an as-needed basis.

Estimated Cost: $25,000 / year
Implementation Notes: Coastal Frontiers is under contract to the City for technical support. 13 City Hall ● 910 Calle Negocio, San Clemente CA 92673 ● (949) 361-8200 ● www.san-clemente.org

OFFICE OF THE MAYOR

AND CITY COUNCIL
Victor Cabral
Mayor
Mark Enmeier
Mayor Pro Tem
Chris Duncan
Steve Knoblock
Rick Loeffler

CITY MANAGER
Andy Hall
910 Calle Negocio
San Clemente, CA 92673
Phone: (949) 361-8200
“The Spanish Village
by the Sea”
March 19, 2024
The Honorable Avelino Valencia
State Capitol
P.O. Box 942849
Sacramento, CA 94249-0068
RE: Support for Assembly Bill 2574 - Alcoholism or Drug Abuse Recovery or Treatment Facilities
The City of San Clemente supports Assembly Bill 2574 to amend Section 11834.23 of the Health and Safety Code, relating to alcohol and drug programs.

Existing law states that it is the policy of the state that each county and city shall permit and encourage the development of sufficient numbers and types of alcoholism or drug abuse recovery or treatment facilities as are adequate with local need. Existing law requires an alcoholism or drug abuse recovery or treatment facility that serves 6 or fewer persons to be considered a residential use of property for the purposes of local regulations, regardless of whether or not unrelated persons are living together.

AB 2574 would exempt an unlicensed home for persons recovering from alcoholism or drug abuse in a neighborhood zoned for residential use from being considered a residential use of property when specified evidence demonstrates that the facility is an integral part of a licensed drug treatment facility located elsewhere.

In recent months San Clemente has seen an influx of Sober Living Homes. On one street alone three properties have been bought by the same proprietor with the intention of transforming these single family residential homes into SLHs. The owner of these properties has made it clear that he has no intention of living in these properties and plans to operate them as a for-profit business. At a minimum, this bill will stop opportunistic businesses from encroaching on the quality of life of San Clemente residents without going through the regulatory process to obtain a license.

For these reasons, the City of San Clemente supports AB 2574.

Sincerely,
Victor Cabral
Mayor
CELEBRATING 90 YEARS OF INCORPORATION
1 Agenda item: 9E
an
-Clemente
1 Agenda Item: 10(PR1)

CITY OF SAN CLEMENTE

PAYROLL CERTIFICATION SHEET

DEPARTMENT PAYROLL AND ATTENDANCE RECORDS ARE
HEREBY CERTIFIED AND CHECKS DELIVERED TO:

CITY MANAGER ELECTRONIC

CITY CLERK ELECTRONIC

ACCOUNTING ELECTRONIC

HUMAN RESOURCES ELECTRONIC

ENGINEERING & ADMINISTRATION ELECTRONIC

BUILDING DIVISION ELECTRONIC

PLANNING DIVIISION ELECTRONIC

WATER & SEWER DIVISIONS ELECTRONIC

MAINTENANCE DIVISION ELECTRONIC

PARKS & RECREATION DIVISION ELECTRONIC

MARINE SAFETY ELECTRONIC

GOLF DIVISION ELECTRONIC

PAYROLL OF

FOR THE PERIOD OF
D:

RATIFIED & APPROVED
IN THE AMOUNT OF:
$
02/23/2024
02/05 - 02/18/2024

CITY MANAGER
484,094.84

APPROVED & ORDERED PAID BY THE CITY

COUNCIL AT THE MEETING HELD ON
IN THE AMOUNT OF ....;.$ ____________ _
MAYOR
DATE

CITY OF SAN CLEMENTE
Tuesday, March 5, 2024
City Council
Special and Regular Meeting Minutes
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Council Chambers
4:30 p.m. - Closed Session
6:00 p.m. - Business Meeting
Mayor Cabral
Mayor Pro Tem Enmeier
Councilmember Duncan
Councilmember Knoblock
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 Special and Regular Meeting of the San Clemente City Council was called to order by Mayor Cabral on March 5, 2024 at 4:30 p.m. in the San Clemente City Council Chambers, located at 910 Calle Negocio, 2nd Floor, San Clemente.

PRESENT: Duncan, Enmeier, *Knoblock, Loeffler and Mayor Cabral *Participated via teleconference due to Just Cause under the Brown Act, joined the meeting at 4:38 p.m.

STAFF PRESENT: Andy Hall, City Manager; Elizabeth Mitchell, City Attorney; Laura Campagnolo, City Clerk; Megan Jimenez, Deputy City Clerk

CLOSED SESSION
Motion by Mayor Pro Tem Enmeier, second by Councilmember Duncan, CARRIED 4-0 (Councilmember Knoblock Absent), to recess to Closed Session at 4:32 p.m. to discuss the following:

A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Existing litigation pursuant to Government Code Section 54956.9(d)(1) Number of Cases: 2

1. Case Name: Harbor View Estates Homeowners Association v. City of San Clemente, Orange County Superior Court Case No. 30-2024-01371169 -CU-WM-CXC

2. Case Name: George Zeber, et al. vs. City of San Clemente, Orange County Superior Court Case No. 30-2021-01191580-CU-EI-CXC
B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code Section 54956.9(a)(d)(2)
Number of Cases:1

1 Agenda Item: 10A(1)
City Council Special and Regular Meeting Minutes March 5, 2024

1. Facts and Circumstances per Government Code section 54956.9(e)(1): Facts and circumstances that might result in litigation against the City that the City believes are not yet known to a potential plaintiff or plaintiffs.

AYE: Duncan, Enmeier, Loeffler and Mayor Cabral
NOE: None
ABSENT: Knoblock
Closed Session concluded at 5:59 p.m.

BUSINESS MEETING
Council reconvened at 6:02 p.m. with all Councilmembers present, including Councilmember Knoblock who participated via zoom due to Just Cause under the Brown Act.

INVOCATION
Margaret Hill, San Clemente Stake Young Women's President, Church of Jesus Christ of Latter-day Saints, gave the invocation.

PLEDGE OF ALLEGIANCE
Mayor Cabral led the Pledge of Allegiance.

1. Special Presentations
A. Community Outreach Program Update
Community Development Director Atamian, Community Outreach Worker Hunter and Community Outreach Worker Shenker narrated a PowerPoint presentation entitled "Community Outreach Program Update" and responded to Council inquiries. A hard copy of the presentation is on file with the City Clerk.

Maura Mikulec spoke on a specific incident regarding a homeless woman; urged Council to take additional action concering homeless individuals in San Clemente.

Donna Vidrine, San Clemente, commented on the Amicus Brief (City of Grants Pass, Oregon v. Gloria Johnson, et. al. United States Supreme Court Case No. 23-175) initiated by Council; spoke on Council's action concerning homelessness.

Nancy McIntyre, iHOPE OC, Inc., commented on the work of iHOPE OC in the community.

2 City Council Special and Regular Meeting Minutes March 5, 2024

2. Oral Communications (Part 1)
Gary Headrick, San Clemente Green, commented on the threat of sea level rise on the San Onofre Nuclear Generating Station.

Amanda Q narrated a PowerPoint presentation entitled "Nature-Based Coastal Resiliency Concepts". A hard copy of the presentation is on file with the City Clerk.

Wayne Eggleston narrated a PowerPoint presentation concerning Park Semper Fi as it relates to upcoming events. A hard copy of the presentation is on file with the City Clerk.

Donna Vidrine, San Clemente, commented on the Council's discussion concerning the Amicus Brief - City of Grants Pass, Oregon v. Gloria Johnson, et. al. United States Supreme Court Case No. 23-175.

Suzie Lantz, San Clemente Chamber of Commerce, provided an update on the San Clemente Chamber of Commerce concerning workforce development.

Blank commented that a member of the public called the employer of a public speaker at the February 20, 2024 City Council meeting concerning their comments related to the Second Amendment.

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

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

No reportable action concerning:

Case Name: Harbor View Estates Homeowners Association v. City of San Clemente, Orange County Superior Court Case No.
30-2024-01371169-CU-WM-CXC
Case Name: George Zeber, et al. vs. City of San Clemente, Orange County Superior Court Case No. 30-2021-01191580-CU-EI-CXC

3 City Council Special and Regular Meeting Minutes March 5, 2024 Direction given, no reportable action concerning:

Facts and Circumstances per Government Code section 54956.9(e)(1): Facts and circumstances that might result in litigation against the City that the City believes are not yet known to a potential plaintiff or plaintiffs.

6. Staff Communications
None.

7. Public Hearings
None.

8. Unfinished Business
8A. ADOPT ORDINANCE NO. 1773 (SECOND READING) - SAFE GUN STORAGE Community Development Director Atamian reviewed the contents of the Administrative Report and responded to Council inquiries.

Amanda narrated a PowerPoint presentation entitled "Support letter vs.

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

George Morrison, San Clemente, spoke in support of the Second Amendment; provided a hard copy of his comments to the City Council. A hard copy of the comments are on file with the City Clerk.

Tom Streeter, San Clemente, spoke in support of a compromise regarding language in the Ordinance.

Motion by Mayor Pro Tem Enmeier, second by Councilmember Duncan, CARRIED 3-2 (Councilmember Knoblock and Mayor Cabral voting NOE), to adopt Ordinance No. 1773 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, AMENDING CHAPTER 9.04 - OFFENSES AGAINST PUBLIC PEACE AND DECENCY, OF THE SAN CLEMENTE MUNICIPAL CODE TO ADD NEW SECTION 9.04.045, RELATING

TO SAFE STORAGE OF FIREARMS, AND FINDING THE ORDINANCE NOT SUBJECT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.

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

4 City Council Special and Regular Meeting Minutes March 5, 2024 8B. CONSIDERATION OF AUTHORIZING A GRANT IMPLEMENTATION

AGREEMENT WITH THE COUNTY OF ORANGE FOR THE SOUTH ORANGE

COUNTY INTEGRATED REGIONAL WATER MANAGEMENT GRANT
PROPOSITION 1 ROUND 2 GRANT FUNDING PROGRAM UNDER THE

CALIFORNIA DEPARTMENT OF WATER RESOURCES FOR THE RECYCLED

WATER QUALITY IMPROVEMENT PROJECT
Public Works Director/City Engineer Rebensdorf narrated a PowerPoint presentation entitled "Recycled Water Quality Improvement Project" and responded to Council inquiries. A hard copy of the presentation is on file with the City Clerk.

Motion by Councilmember Duncan, second by Councilmember Knoblock, CARRIED 5-0, to:

Adopt Resolution No. 24-28, which will:

1. Approve, and authorize the City Manager to execute, Contract No. C24- 12, a Grant Implementation Agreement by and between the City of San Clemente and the County of Orange, to receive the South Orange County Integrated Regional Water Management (IRWM) Grant Proposition 1 Round 2 grant funding, in the amount of $700,000, for the Recycled Water Quality Improvement Project and documents related thereto.

2. Authorize the City Manager or his/her designee to accept and deposit the grant funding reimbursement ($700,000) into the Sewer Connection Fee Reserve Fund, Account No. 054-477-45300-000-13203.

AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None
8C. CONTINUANCE OF NO ACTION ON CONDITIONAL PERMIT 1021 RELATED TO THE PROPERTY LOCATED AT 616 DEL DIOS, ASSESSOR’S PARCEL NUMBER 690-552-05
Community Development Director Atamian reviewed the contents of the Administrative Report and responded to Council inquiries.

Bert Levesque, Harborview Homeowners Association, provided an update on meetings between Harborview and American Tower Corporation.

Tony Rubolino spoke on comments made by Councilmember Duncan.

Motion by Mayor Pro Tem Enmeier, second by Councilmember Knoblock, CARRIED 5-0, to continue the abeyance of the revocation of Conditional Permit 1021 until September 3, 2024, which would maintain the status quo until that date.

5 City Council Special and Regular Meeting Minutes March 5, 2024 AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None
8D. CONSIDERATION OF COUNCILMEMBER TRAVEL AND TRAINING

EXPENSES
Amanda narrated a PowerPoint presentation entitled "Duncan's DC Trip". A hard copy of the presentation is on file with the City Clerk.

Tony Rubolino narrated a PowerPoint presentation entitled "Oh, You Don't Say".

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

Motion by Mayor Pro Tem Enmeier, second by Councilmember Loeffler, CARRIED 5-0, to authorize an expenditure of up to $110 related to City Councilmember Duncan’s mileage reimbursement to attend at the 2024 March Cal Cities Governance, Transparency and Labor Relations Policy Committee Meeting.

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

9. New Business
9A. CONSIDERATION OF ITEMS FOR ESTABLISHING THE ARTS & CULTURE COMMITTEE 2024 WORK PLAN
Beaches, Parks and Recreation Director Wylie reviewed the contents of the Administrative Report and responded to Council inquiries.

Amanda narrated a PowerPoint presentation entitled "A & C". A hard copy of the presentation is on file with the City Clerk.

Motion by Mayor Pro Tem Enmeier, second by Councilmember Loeffler, CARRIED 4-1 (Councilmember Duncan voting NOE) to adopt Resolution No. 24-29 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN

CLEMENTE, CALIFORNIA, APPROVING THE ARTS AND CULTURE
COMMITTEE 2024 WORK PLAN, with the addition of surf culture where appropriate.

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

6 City Council Special and Regular Meeting Minutes March 5, 2024 9B. CONSIDERATION OF AUTHORIZING A LEASE WITH THE STATE LANDS

COMMISSION FOR USE AND MAINTENANCE OF PUBLIC BEACH ACCESS

FACILITIES AT LINDA LANE, EL PORTAL AND MARIPOSA AND FINDING

THE PROJECT CATEGORICALLY EXEMPT UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT, CLASS 1
Public Works Director/City Engineer Rebensdorf reviewed the contents of the Administrative Report and responded to Council inquiries.

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

Adopt Resolution No. 24-30, which will:

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

2. Approve, and authorize the City Manager to execute, Contract No. C24- 13, a Lease agreement, by and between the City of San Clemente and the State Lands Commission, for the use and maintenance of public beach access facilities at Linda Lane, El Portal and Mariposa.

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

MEETING RECESS
The meeting was recessed at 8:11 p.m. and reconvened at 8:16 p.m. with all Councilmembers present; including Counilmember Knoblock who participated via zoom due to Just Cause under the Brown Act.
9C. CONSIDERATION OF AMENDING THE TERM SHEET FOR SALTY TURF LLC

RELATED TO THE DEVELOPMENT OF A MINIATURE GOLF FACILITY AT VISTA HERMOSA SPORTS PARK; AND FINDING THAT THE MINIATURE GOLF PROJECT IS CATEGORICALLY EXEMPT FROM (14 CCR 15301 AND 15303) AND/OR THAT NO SUPPLEMENTAL REVIEW UNDER THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT IS NECESSARY (14 CCR 15162 AND 15164)
Beaches, Parks and Recreation Director Wylie reviewed the contents of the Administrative Report and responded to Council inquiries.

Amanda spoke in opposition to the City awarding exclusive contracts for public facilities.

Motion by Councilmember Duncan, second by Mayor Pro Tem Enmeier, CARRIED 5-0, to:

7 City Council Special and Regular Meeting Minutes March 5, 2024 Adopt Resolution No. 24-31, which will:

1. Find that the miniature golf project is categorically exempt under Sections 15301 and 15303 and/or that no supplemental review is necessary under Sections 15162 and 15164 of the California Environmental Quality Act (“CEQA”) Guidelines (14 CCR 15162 and 15164).

2. Authorize the City Manager to execute an amendment to the Term Sheet with Salty Turf LLC to include a decrease in the Gross Percentage of Sales and incorporate a maximum amount of rent.

3. Authorize the City Manager to finalize negotiations and execute a Lease Agreement 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 1.2 -acre area designated as lease space within the La Pata/Vista Hermosa Master Plan in a form approved by the City Attorney and consistent with the amended Term Sheet.

AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None
9D. CONSIDERATION OF A RESOLUTION IN SUPPORT OF AB 2081 - ALCOHOL

AND DRUG ABUSE TREATMENT FACILITIES
Sarah Schneider spoke in support of Resolution No. 24-32.

Kathy Thompson, San Clemente, spoke in support of Resolution No. 24-32.

Tony Rubolino narrated a PowerPoint presentation concerning AB 2081. A hard copy of the presentation is on file with the City Clerk.

Motion by Councilmember Knoblock, second by Councilmember Loeffler, CARRIED 5-0, to adopt Resolution No. 24-32 entitled A RESOLUTION OF THE

CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA,
SUPPORTING LEGISLATION, ASSEMBLY BILL 2081, RELATING TO ALCOHOL AND DRUG ABUSE TREATMENT FACILITIES.

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

8 City Council Special and Regular Meeting Minutes March 5, 2024 9E. CITY MANAGER COMPENSATION REVIEW AND CONSIDERATION OF

AUTHORIZING A FIRST AMENDMENT TO THE EMPLOYMENT AGREEMENT

WITH CITY MANAGER ANDY HALL IMPLEMENTING AN EXECUTIVE LEVEL

SALARY ADJUSTMENT
City Manager Hall left the Council Chambers at 8:37 p.m.

City Attorney Mitchell reviewed the contents of the Administrative Report and responded to Council inquiries.

Sarah Schneider spoke in support of a salary increase for City Manager Hall.

Amanda spoke in opposition to a salary increase for City Manager Hall.

Concerned Resident, San Clemente, spoke in support of a salary increase for City Manager Hall.

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

1. Adopt Resolution No. 24-33, which will approve a 2.99% salary increase for the City Manager effective February 20, 2024.

2. Modify the City Managers evaluation schedule from annual to semi-annual.

AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None
City Manager Hall returned to the dais at 8:49 p.m.

10. Consent Calendar
10A. City Council Minutes
Motion by Mayor Pro Tem Enmeier, second by Councilmember Duncan, CARRIED 5-0, to:
(1) APPROVE THE CITY COUNCIL REGULAR MEETING MINUTES OF FEBRUARY 20, 2024.

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

9 City Council Special and Regular Meeting Minutes March 5, 2024 10B. Commission/Committee Minutes
Motion by Mayor Pro Tem Enmeier, second by Councilmember Duncan, CARRIED 5-0, to receive and file:
(1) BEACHES, PARKS & RECREATION COMMISSION REGULAR MEETING MINUTES OF DECEMBER 12, 2023.
(2) BEACHES, PARKS & RECREATION COMMISSION SPECIAL MEETING MINUTES OF JANUARY 22, 2024.
(3) ARTS AND CULTURE COMMITTEE SPECIAL MEETING MINUTES OF JANUARY 22, 2024.
(4) ZONING ADMINISTRATOR REGULAR MEETING MINUTES OF FEBRUARY 8, 2024.
(5) ARTS AND CULTURE COMMITTEE SPECIAL JOINT MEETING MINUTES OF FEBRUARY 12, 2024.
(6) HUMAN AFFAIRS COMMITTEE REGULAR MEETING MINUTES OF
FEBRUARY 13, 2024.
(7) ZONING ADMINISTRATOR REGULAR MEETING MINUTES OF FEBRUARY 22, 2024.

AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None
10C. Warrant Register
Motion by Mayor Pro Tem Enmeier, second by Councilmember Duncan, CARRIED 5-0, to:
(1) APPROVE WIRE TRANSFER NOS.
2986 THROUGH 2991 AND WARRANT NOS.
594004 THROUGH 594169, PAID ON
1-26-24, IN THE AMOUNT OF $861,233.08
(2) APPROVE WIRE TRANSFER NOS.
2992 THROUGH 2998 AND WARRANT NOS.
594170 THROUGH 594373, PAID ON
2-2-24, IN THE AMOUNT OF $4,505,314.44
(3) APPROVE HANDWRITE NO. 594546,
WIRE TRANSFER NOS. 2999 THROUGH
3002 AND WARRANT NOS. 594374
THROUGH 594545, PAID ON 2-9-24,
IN THE AMOUNT OF $2,659,134.95
(4) APPROVE WIRE TRANSFER NOS.
3003 THROUGH 3004 AND WARRANT NOS.
594547 THROUGH 594700, PAID ON
2-16-24, IN THE AMOUNT OF $952,448.49
TOTAL WARRANT REGISTER $8,978,170.96

10 City Council Special and Regular Meeting Minutes March 5, 2024 AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None
Payroll Register
Motion by Mayor Pro Tem Enmeier, second by Councilmember Duncan, CARRIED 5-0, to approve:

WARRANT NO. 922 AND AUTOMATIC
DEPOSIT ADVISES 91469 THROUGH
91772, FOR THE PERIOD 3-21-22
THROUGH 4-3-22, PAID ON 4-8-22,
IN THE AMOUNT OF $479,666.26
WARRANT NO. 923 AND AUTOMATIC
DEPOSIT ADVISES 91773 THROUGH
92076, FOR THE PERIOD 1-22-24
THROUGH 2-4-24, PAID ON 2-9-24,
IN THE AMOUNT OF $485,402.57
TOTAL PAYROLL REGISTER $965,068.83
AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None
10D. CONSIDERATION OF A RESOLUTION TO ACCEPT AND FILE NOTICE OF

COMPLETION FOR THE CYPRUS SHORE SEWER PUMP STATION
RELOCATION, PROJECT NO. 12210
Motion by Mayor Pro Tem Enmeier, second by Councilmember Duncan, CARRIED 5-0, to:

Adopt Resolution No. 24-34, which will:

1. Accept the Cyprus Shore Sewer Pump Station Relocation, Project No. 12210, from the contractor, O’Connell Engineering and Construction, Inc.

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

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, O’Connell Engineering and Construction, Inc.

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

11 City Council Special and Regular Meeting Minutes March 5, 2024 10E. NOTICE OF COMPLETION - AQUATIC CENTER MAIN POOL REPLASTER Motion by Mayor Pro Tem Enmeier, second by Councilmember Duncan, CARRIED 5-0, to:

Adopt Resolution No. 24-35, which will:

1. Accept Aquatic Center Main Pool Replaster, Project No. 12808, from the contractor, Condor, Inc.

2. Authorize the Public Works Director/City Engineer to execute and record the Notice of Completion for the completed Aquatic Center Main Pool Replaster.

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, Condor, Inc.

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

11. Oral Communications (Part 2)
Concerned Resident, San Clemente, commented on pickleball at San Gorgonio Park.

Tony Rubolino narrated a PowerPoint presentation concerning Councilmember Duncan. A hard copy of the presentation is on file with the City Clerk.

12. Future Agenda Items
Letter of Support for Assembly Bill 2574
Mayor Pro Tem Enmeier, with the support of Councilmember Duncan, agendized consideration of a letter of support for AB 2574 - Amend Section 11834.23 of the Health and Safety Code, relating to alcohol and drug programs.

Policy Concerning Individual City Councilmember Support for Proposed State and Federal Legislation
Mayor Pro Tem Enmeier, with the support of Councilmember Duncan, agendized consideration of a policy to require any support/ opposition for federal and state legislation come from an individual Councilmember on their personal letterhead.

12 City Council Special and Regular Meeting Minutes March 5, 2024

13. Reports
A. Commissions and Committees
Orange County Fire Authority
Councilmember Duncan reported that the Orange County Fire Authority is working on obtaining additional wildfire resources.

B. Council Subcommittee Updates
Homeless Subcommittee
Mayor Pro Tem Enmeier reported on the positive steps the Homeless Subcommittee is making; noted he will provide an update at an upcoming City Council meeting.

C. Council Members
Chamber of Commerce Luncheon
Councilmember Loeffler reported on the Chamber of Commerce Annual Awards Luncheon.

D. City Attorney
None.

E. City Manager
City Manager Executed Contracts
City Manager Hall announced that he executed the following contracts under his authority:

1. WSP Environment & Infrastructure Inc. providing for Pier Bacteria Source Characterization Study in the amount of $9,000.

2. Geosyntec providing for As-Needed Water Quality Management Plan WQMP Review in the amount of $9,995.

3. Diamond Construction providing for Cyprus Shore Hauling HDPE Pipes and Bends in the amount of $27,500.

4. Kimley Horn Professional Historic Resource Analysis Report Peer Review in the amount of $5,880.

5. VCA Consultants, Inc. providing for Permit Technician in the amount of $50,000.

6. Ninyo and Moore Geotechnical & Environmental Science Consultants

13 City Council Special and Regular Meeting Minutes March 5, 2024 providing for as-needed geotechnical & related in the amount of $50,000.

7. GeoLogic Associates, Inc. providing for as-needed geotechnical and related in the amount of $50,000.

8. Linkture - Forensic Investigation of the Shorted Bus Duct at the Power Distribution Center at the City of San Clemente Water Reclamation Plant in the amount of $17,200.

9. Duncan Engineering - Marine Safety Headquarters structural assessment in the amount of $9,250.

14. Adjournment
Motion by Mayor Pro Tem Enmeier, second by Councilmember Duncan, CARRIED 5-0, to adjourn at 9:10 p.m. in memory of Neil Barbanell. The next Regular Meeting will be held on March 19, 2024. Closed Session will begin at 5:00 p.m.The Business Meeting will commence at 6:00 p.m. The meeting will take place at City Hall Council Chambers, located at 910 Calle Negocio, 2nd Floor, San Clemente.

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

14 1
Agenda Item: 10B(1)
These minutes approved at the Public Safety Committee Meeting of 02/27/2024.

CITY OF SAN CLEMENTE

MINUTES OF THE SPECIAL MEETING OF THE

PUBLIC SAFETY COMMITTEE
JANUARY 11, 2024
City Hall
Community Room, 1st Floor
91 O Calle Negocio
San Clemente, CA 92673

1. CALL TO ORDER

2. Chair Berkuta called the Regular Meeting of the Public Safety Committee of the City of San Clemente to order at 3:04 p.m.

PLEDGE OF ALLEGIANCE
Vice Chair Greenwald led the Pledge of Allegiance.

3. ROLLCALL
Committee
Members Present: Chair Nick Berkuta
Vice Chair Michael Greenwald
Mark Rhoden
Scotland Roeber
Gary Walsh
Captain Jay Christian
Chief Rod Mellott (left at 3:58 p.m.)

Absent: Chief Cheyne Maule
Staff Present: Adam Atamian, Community Development Director Danielle Sorahan, Code Compliance Manager
Natanya Wilcher! Office Specialist 11
Trevor Milosch, Park Ranger Supervisor

4. ORAL AND WRITTEN COMMUNICATION
Donna Vidrine expressed concern regarding homeless living in vehicles and asked if the Committee would recommend a safe parking program to the City Council. 2 Page2
Minutes of the Special Meeting of the Public Safety Committee of January 11, 2024 Sandy Exelby provided statistics on homeless using safe parking in other communities, discussed the new program in Vista, and encouraged the City to implement a safe parking program.

5. UNFINISHED BUSINESS
A. Public Safety Committee Review of Park Ranger Program Enhancements Code Compliance Manager Sorahan and Park Ranger Supervisor Milosch presented a PowerPoint outlining current services, proposed increased staffing, patrol areas, shifts and coverage structure, logistical enhancements including vehicles and office space, and transition from the Community Development Division to the Public Safety Department.

In response to Committee questions, Park Ranger Supervisor Milosch, Community Development Director Atamian and Code Compliance Manager Sorahan discussed the current cost for contract security at $650,000 per year; anticipated staffing costs -for four park rangers at $280,000 and part-time at $80,000; anticipated costs for equipment and proposed vehicles; workstations in existing office; administrative support; development of the Public Safety Department; working on radio network; month to month contract with private security; implementation, including required training; salary ranges for the proposed positions; limitations on part time hours.

Chair Berkuta reminded the Committee that it ·was being asked to recommend resources for a successful program.

The Committee indicated support for the proposed enhancements, implemented with the idea that the program would expand; suggested the priorities were training and communications; discussed required training and suggested contacting County Park Rangers for input; stressed the need for future phases enhancing the program; discussed the need for additional staff to cover sick and vacation and the need for uniforms.

Community Member Cameron Cosgrove suggested increasing the scope; the need to consider patrolling the T-zone; that rangers could patrol illegal parking; and the need to do more than replace the security company. He stated- it was a great first step but the Committee needed to consider the long term.

Community Member Tom streeter discussed duties of law enforcement and park rangers and suggested the need for code compliance officers and a City ranger force.

MOTION BY MEMBER RHODEN, SECOND BY VICE CHAIR WALSH, AND CARRIED UNANIMOUSLY, to recommend the City Council implement the 3 Page3
Minutes of the Special Meeting of the Public Safety Committee of January 11, 2024 proposed enhancements, doubling the vehicle requests for two trucks and two ATVS and an additional six full time and six part time staff.

Community Development Director Atamian reported on the upcoming Regular Public Safety Committee Meeting on January 23, 2024 and urged all members to attend.

7. ADJOURNMENT

MOTION BY CHAIR BERKUTA, SECOND BY MEMBER VICE CHAIR WALSH AND CARRIED UNANIMOUSLY, to adjourn at 4:28 p.m., to the next Regular Meeting of the Public Safety Committee scheduled to be held on Tuesday, January 23, 2024, at 3:00 p.m. at City Hall in the1 st Floor Community Room at 910 Calle Negocio, San Clemente, California.

Attest: ....

Danielle
~~ Sorahan, Code Compliance Manager
1 Agenda Item: 10B(2)

CITY OF SAN CLEMENTE
Monday, January 22, 2024
Joint Commission and Committee
Special Meeting Minutes
3:00 p.m. - AB 1234 Ethics Training
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Council Chambers
These minutes reflect the order in which items appeared on the meeting agenda and do not necessarily reflect the order in which items were actually considered.

A Special Joint Commission and Committee Meeting was called to order by City Clerk Campagnolo on January 22, 2024 at 3:10 p.m. in the San Clemente City Council Chambers, located at 910 Calle Negocio, 2nd Floor, San Clemente.

ARTS AND CULTURE

COMMITTEE MEMBERS

PRESENT

BEACHES, PARKS AND

RECREATION COMMISSION

MEMBERS PRESENT

COASTAL ADVISORY

COMMITTEE MEMBERS

PRESENT

GOLF COURSE COMMITTEE

MEMBERS PRESENT

FOWLER, GRECO, GROSETH,

HIRSCHMAN, KOEHLER

ELLIOTT, GRACE, JOHNSON

AMBROSE, DOLEGOWSKI, DOW, SCHMITT,

WHITELAW
VEALE

HUMAN AFFAIRS COMMITTEE ANDERSON, BAUER, SALAS, VEALE

MEMBERS PRESENT

INVESTMENT ADVISORY

COMMITTEE MEMBERS

PRESENT

PLANNING COMMISSION

MEMBERS PRESENT

SMITH, WILLARDSON
NONE

PUBLIC SAFETY COMMITTEE GREENWALD, RHODEN, ROEBER

MEMBERS PRESENT

STAFF CHISWICK, LIGHTFOOT

2 Joint Commission and Committee Special Meeting Minutes January 22, 2024 AB 1234 ETHICS TRAINING

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

2. Adjournment
Attorney Verdugo, with Burke, Williams, Sorensen, adjourned the meeting at 5:05 p.m. The next Regular Public Safety Committee Meeting will be held on January 23, 2024 at 3:00 p.m. in the 1st Floor Community Room at City Hall at 910 Calle Negocio, San Clemente, CA 92673.

Attest:
f;j;)~(u___
Danielle Sorahan, Code Compliance Manager
Page2of2
1 Agenda Item: 10B(3)
These minutes were approved at the Public Safety Committee Meeting of 02/27/2024.

CITY OF SAN CLEMENTE

MINUTES OF THE REGULAR MEETING OF THE

PUBLIC SAFETY COMMITTEE
JANUARY 23, 2024
City Hall
Community Room, 1st 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 3:01 p.m.

2. PLEDGE OF ALLEGIANCE
Member Walsh led the Pledge of Allegiance.

3. ROLLCALL
Committee
Members Present: Chair Nick Berkuta
Mark Rhoden
Scotland Roeber
Gary Walsh (left at 4:51 p.m.)
Chief Cheyne Maule
Chief Rod Mellott

Absent: Vice Chair Michael Greenwald
Captain Jay Christian
Staff Present: Andy Hall, City Manager
Gena Burns, Assistant City Attorney
Adam Atamian, Community Development Director
Danielle Sorahan, Code Compliance Manager
Natanya Wilcher, Office Specialist II
Special Guests: Bob Campbell and Vishal Raj, Falck Ambulance ·4. SPECIAL ORDERS OF BUSINESS / PRESENTATIONS
A. Presentation by Assistant City Attorney Gena Burns on the Brown Act and Rosenburg's Rules of Order
2 Page2
Minutes of the Regular Meeting of the Public Safety Committee of January 23, 2024 Assistant City Attorney Burns provided an overview of the Brown Act and Rosenburg's Rules of Parliamentary Procedures.

In response to Committee questions, Assistant City Attorney Bums clarified serial meetings; emailing all committee members; tabling versus continuing motions; and responses on social media.

B. The Role of City-Council Appointed Advisory Committees City Manager Hall provided information on the role of advisory committees to the City Council and thanked the Committee for its work.

City Manager Hall also indicated that the current City Council was dedicated to increased involvement with the Committees by providing more feedback regarding their Work Plans and potentially assigning a Council member to each Committee to co-ordinate with the Chair.

5. MINUTES

6. A. Minutes from the Regular Public Safety Committee Meeting of November 28,2023

MOTION BY MEMBER WALSH, SECOND BY MEMBER RHODEN, AND
CARRIED 4-0-1, VICE CHAIR GREENWALD ABSENT, to approve the Minutes.

ORAL AND WRITTEN COMMUNICATION
Written correspondence was received from Donna Vidrine regarding the homeless point in time count.

Following Donna Vidrine's letter concerning the homeless point-in-time count, Tom Streeter, Co-Chair of the San Clemente Homelessness Collaborative, noted that after consulting the Human Affairs Committee, it was determined that homelessness issues fell outside their current scope of work, leading him to seek guidance from the Public Safety Committee. Community Development Director Atamian clarified that the Human Affairs Committee is indeed responsible for examining effective strategies for managing homelessness, drawing insights from other cities• practices.

REVEWS AND RECOMMENDATIONS
A. Care Ambulance Performance Measures FY2024 Q1
Bob Campbell from Falck Ambulance highlighted the necessity for discussions on data provision, noting the contract's expiration in 2027. Chair Berkuta raised 3 Page3
Minutes of the Regular Meeting of the Public Safety Committee of January 23, 2024

7. 8.
concerns about vague response time requirements and emphasized the importance of data for verifying reports and assessing the contract's effectiveness.

Chair Berkuta expressed concern about the nebulous requirement for response times and the need for data to validate the reports and determine the adequacy of the contract.

Vishal Raj of Falck Ambulance clarified that canceled calls were factored into response time calculations. Member Roeber stressed the need for clearer data points and more comprehensive contract details, proposing the exclusion of canceled calls to accurately gauge on-scene response times. He inquired about delays in ambulance patient offloading (APOD). Raj addressed the challenges posed by a hospital closure and the unprecedented number of transports in December 2023, stating that their service does not include inter-agency transfers.

Addressing the Committee's inquiries, Raj discussed analyzing data to assess resource needs, the role of mutual aid, the increase in Code 3 responses, the impact of the COVID-19 pandemic, resource adequacy, ambulance crew levels, and the specifics of contracts with the County and independent cities.

B. OCFA Performance Measures FY2024 Q1
Chief Maule shared insights into the first quarter's activities. When asked by the Committee, he elaborated on the statistics related to plan checks and provided an overview of e-bike accident data for 2023.

Code Compliance Manager Sorahan inquired about obtaining data pertaining to referrals.

NEW BUSINESS
None.

UNFINISHED BUSINESS
A. Public Safety Committee Annual Work Plan FY2023--2024 (1) Communications and Disaster Preparedness Project Update Chair Berkuta revisited his earlier request for the Public Works Director and City Manager to evaluate the siren/public address system used in Laguna Beach. Chief Mellott elaborated on the existing system at the beach, emphasizing the necessity for speaker enhancements. Additionally, Chair Berkuta shared insights from the recent countywide meeting he participated in. 4 Page4
Minutes of the Regular Meeting of the Public Safety Committee of January 23, 2024 (2) Homelessness and Best Management Practices for Public Safety Personnel Project Update
Member Rhoden stated the County line was still clear of homeless encampments.

City Manager Hall stated the unincorporated parcel near Cari's Jr. on the South end of town is owned by the US Marine Corp.
(3) Neighborhood Watch
None.
(4) Statistical Information and Review
None.
(5) Human Trafficking
Member Rhoden discussed efforts to have a representative from the 1-5 Corridor project provide a presentation.
(6) E-Bicycle/Traffic Safety
Member Roeber thanked Chief Maule for including e-bike statistics. (7) Technology Review
None.

Review of Urgent Matters
None.

9. REPORTS OF COMMITTEE MEMBERS AND STAFF
A. Police Services - Orange County Sheriff's Department Capt. Christian None.

B. Fire Services - Orange County Fire Authority, Chief Maule Chief Maule reported on a recent near-drowning incident. He discussed receipt of the two Fire Hawks and upcoming training. He announced the ongoing Standards of Coverage Study and Orange County ambulance service.
5 Page5
Minutes of the Regular Meeting of the Public Safety Committee of January 23, 2024 Member Walsh left the meeting at 4:51 p.m.

C. Marine Safety - Marine Safety Division Chief Mellott Chief Mellott reported on safety statistics; recruitments; upcoming surf program registration dates; encampments and trash enclosure repair; the sand replenishment project; and the tower replacement project.

D. Committee Chair
Chair Berkuta stated he was still looking for revisions to the crime statistics.

E. Committee members
Member Roeber thanked staff and commended those saving the drowning victim.

F. City staff
Code Compliance Manager Sorahan indicated she and Park Ranger Supervisor Trevor Milosch would be speaking at the Senior Center. She summarized recent meetings and indicated an increase in the Code Compliance case load.

11. ADJOURNMENT
Chair Berkuta adjourned the meeting at 5:02 p.m., to the next Regular Meeting of the Public Safety Committee scheduled to be held on Tuesday, February 27, 2024, at 3:00 p.m. at City Hall in the 1st Floor Community Room at 910 Calle Negocio, San Clemente, California.

Attest: J
Danielle Sorahan, Code Compliance Manager
1 Agenda Item: 10B(4)

CITY OF SAN CLEMENTE
Monday, February 12, 2024
Special Joint Commission and
Committee Meeting Minutes
2:00 p.m . - AB 1661 Workplace
Harassment Training
91 O Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Council Chambers
These minutes reflect the order in which items appeared on the meeting agenda and do not necessarily reflect the order in which items were actually considered.

A Special Joint Commission and Committee Meeting was called to order by City Clerk Campagnolo on February 12, 2024 at 2:04 p.m. in the San Clemente City Council Chambers, located at 910 Calle Negocio, 2nd Floor, San Clemente.

ARTS AND CULTURE

COMMITTEE MEMBERS

PRESENT

BEACHES, PARKS AND

RECREATION COMMISSION

MEMBERS PRESENT

COASTAL ADVISORY

COMMITTEE MEMBERS

PRESENT

GOLF COURSE COMMITTEE

MEMBERS PRESENT

HUMAN AFFAIRS COMMITTEE

MEMBERS PRESENT

INVESTMENT ADVISORY

COMMITTEE MEMBERS

PRESENT

PLANNING COMMISSION

MEMBERS PRESENT

PUBLIC SAFETY COMMITTEE

MEMBERS PRESENT

CRAYS, FOWLER, GRECO,

HIRSCHMAN,KOEHLER,

PAS KOWITZ

ELLIOTT, FEUERSTEIN, GRACE,

KWESKIN

AMBROSE, DOLEGOWSKI,

SCHMITT

AZZOLLINI, DIVEL, HAMIL TON,
VEALE

ANDERSON, BAUER, BODEN,

WASHINGTON

CARTER, CONLEY, SMITH

CAMP, COSGROVE, CRANDELL,

MCKHANN

BERKUTA,GREENWALD, ROEBER,
WALSH
2 Special Joint Commission and Committee Meeting Minutes February 12, 2024

HARASSMENT TRAINING
Mayor Cabral introduced the Workplace Harassment Training and responded to Commissioner/ Committee member questions.

Human Resources Analyst/ Risk Manager Dutra introduced Delwin Lampkin, Harbinger Horizons.

1. AB 1661 • WORKPLACE HARASSMENT PREVENTION TRAINING
Delwin Lampkin, Harbinger Horizons, narrated a PowerPoint presentation entitled 'Workplace Harassment Prevention, An Equal Opportunity Leadership Workplace".

Meeting Recess
The meeting was recessed at 3:09 p.m. and reconvened at 3:19 p.m. with all Commission and Committee members present.

Delwin Lampkin, Harbinger Horizons continued the Workplace Harassment Training and responded to Commission and Committee inquiries.

2. Adjournment
City Clerk Campagnolo adjourned the meeting at 4:20 p.m. The next Regular Public Safety Committee Meeting will be held on February 27, 2024 at 3:00 p.m. in the 161 Floor Community Room at City Hall at 910 Calle Negocio, San Clemente, CA 92673.

Sorahan, Code Compliance Manager
Page2 of2
1 Agenda Item: 10C(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 A9 CURACY OF THE FOREGOING
DEMANDS AND THAT FUN(}gffi.RE AVAILABLE FOR PAYMENT
THEREOF:

APPROVED AND ORDERED PAID AT

THE MEETING OF THE CITY COUNCIL
HELD ON ____________ _
IN THE AMOUNT OF$ 741,098.89
MAYOR

PAID BY WARRANTS SIGNED BY LEGALLY

DESIGNATED PERSONS IN ACCORDANCE

WITH THE STATE OF CALIFORNIA
GOVERNMENT CODE, SECTION-4 1003 CITY TREASURER
2 apChklst Final Check List Page: 1
02/22/2024 11:20:29AM SAN CLEMENTE
Bank: citv BANK OF THE WEST
Check# Date Vendor Invoice Inv Date Descriotion Amount Paid Check Total 3005 2/23/2024 004156 CALIF, STATE OF, EMPLOYMEBen2540032 2/23/2024 STATE TAX: PAYMENT 26,420.44 26,420.44 3006 2/23/2024 000010 CALIF, STATE OF, EMPLOYMEBen2540034 2/23/2024 SDI INS: PAYMENT 7,535.58 7,535.58 3007 2/23/2024 001819 FEDERAL WITHOLDING TAX Ben2540030 2/23/2024 FEDERAL TAX: PAYMENT 170,348.74 170,348.74 3008 2/23/2024 014754 STATE DISBURSMENT UNIT Ben2540036 2/23/2024 CHILD SUPPORT: PAYMENT 1,462.15 1,462.15 594701 2/23/2024 010213 AFLAC Ben2540026 2/23/2024 AFLAC INSURANCE: PAYMEI\ 79.42 79.42 594 702 2/23/2024 000042 AKM CONSULTING ENGINEEF0012675 2/9/2024 PN 19516 • CALLE REAL PUM 1,918.00 0012673 2/9/2024 CYPRUS SHORE LIFT STATIC 4,208.00 0012674 2/9/2024 CYPRUS SHORE STORM ORI 7,033.00 13,159.00 594703 2/23/2024 009876 ALL CITY MANAGEMENT SVC 91032 2/7/2024 SCHOOL CROSSING GUARD 14,691 .26 14,691.26 594704 2/23/2024 030850 ANDRUS-NELSON, JENN IFER021324 2/13/2024 CONTRACT INSTRUCTOR PA 507.50 507.50 594 705 2/23/2024 002603 ANIMAL PEST MGMT SERVICl702386 10/31/2023 APM - LNDSCP RODENT CTR 2,904.40 2,904.40 594 706 2/23/2024 005201 APPLE ONE 01-6812347 217/2024 TEMPORARY SERVICES 850.60 850.60 594 707 2/23/2024 001484 ARC DOCUMENT SOLUTIONS12377802 2/12/2024 PRINTING & COPYING COST 239.51 12377807 2/12/2024 PRINTING & COPYING COST 275.71 515.22 594 708 2/23/2024 034095 ARDENT PRESS INC 41490 2/2/2024 BUSINESS CARDS 326.47 326.47 594709 2/23/2024 015955 ASSI SECURITY INC SD20022 11/7/2023 RESTORE SVCS 300.00 300.00 594 710 2/23/2024 024030 BAY ALARM COMPANY 21222578 2/5/2024 3300870 MONITORING SERVI 1,103.00 21184114 2/2/2024 3534970 MONITORING SERVI 384.00 1,487.00 594711 2/23/2024 007922 BEE BUSTERS 145733 1/23/2024 REMOVAL OF COLONY BEES 125.00 145736 1/23/2024 REMOVAL OF COLONY BEES 125.00 250.00
594712 2/23/2024 029523 BUTTERFLI TECHNOLOGIES SC10302023.10 11/1/2023 SC RIDES - BUTTERFLI FY 2C 1,000.00 SC11302023. 11 12/1/2023 SC RIDES - BUTTERFLI FY 2C 1,000.00 SC12312023.12 1/1/2024 SC RIDES - BUTTERFLI FY 2{ 1,092.00 3,092.00 594713 2/23/2024 005046 C. WELLS PIPELINE MATERIASINV24-1278 2/7/2024 PIPELINE MATERIALS 754.25 SINV24-1269 2/7/2024 PIPELINE MATERIALS 2,022.53 2,776.78 594714 2/23/2024 035549 CALEY, MITCHELL 020524 2/5/2024 REIMBURSEMENT FOR SAFE 188.54 188.54 594715 2/23/2024 000010 CALIF, STATE OF, EMPLOYMfL 1406814544 1/30/2024 4Q 2023 STATE UNEMPL INS 1,394.00 1,394.00 594716 2/23/2024 003231 CALIFORNIA DEPT OF JUSTIC712940 2/5/2024 FINGERPRINT PROCESSING 512.00 512.00 594 717 2/23/2024 035039 CHEM PRO LLC IN139894 2/1/2024 WATER TREATMENT SVC 344.00 344.00 594718 2/23/2024 023530 CHISWICK, SANDEE 013024-020224 2/14/2024 CSMFO & CJPIA TRAINING E: 282.86 282.86 594719 2/23/2024 018743 CO OF ORANGE - SHERIFFS' Ben2540028 2/23/2024 GARNISHMENT: PAYMENT 463.19 463.19 594720 2/23/2024 001241 COLONIAL LIFE & ACCIDENT Ben2540020 2/23/2024 ACCIDENT INSURANCE: PAYI 198.93 198.93 Page: 1
3 apChkLst
02/22/2024 11 :20:29AM
Final Check List

SAN CLEMENTE
Bank : city BANK OF THE WEST (Continued)
Check # Date Vendor ;;.:,.ln;;..;;v..;;.o.;.;ic"""e __ _ 594721 2/23/2024 026046
594 722 2/23/2024 001417
594723 2/23/2024 022760
594 724 2/23/2024 001394
594725 2/23/2024 006090
594726 2/23/2024 002647
594 727 2/23/2024 004462
594 728 2/23/2024 004177
594729 2/23/2024 003788
594 730 2/23/2024 010878
594731 2/23/2024 028500
COLTS LANDSCAPE INC 021324-0907
122623-0157
021324-1044
021324-0928 021324-1059 021324-1005 021324-0856
021324-0940
CONSOLIDATED ELECTRIC D 1052236
CONTROL TECH WEST INC 3801
3800
COOK PGA GOLF SHOP INC, 022024
COX COMMUNICATIONS 060297301
DENAULT'S HARDWARE, INC522092
522116
521981 521934 522065 522001 522008 522024 522026
DOHENY PLUMBING, INC. 68473
E STEWART & ASSOC INC 8635S
8634S 8646S
EBERHARD EQUIPMENT 8700
EWING IRRIGATION PRODUC18881210
FAIRVIEW FORD SALES INC 240143
240140 240139
Inv Date Descriotion
2/13/2024 COL TS - STREETSCAPES (Sl
12/26/2023 COLTS - GC EMERG MUDSLII
2/13/2024 TREES SERVICES 2/13/2024 STEED PK & SAN G PK 2/13/2024 COLTS - LANDSCP EAST (SU 2/13/2024 REMOVAL SOILD / SAND SEF 2/13/2024 COLTS - LANDSCP EAST (SU 2/13/2024 COLTS - LANDSCP EAST (SU 11/6/2023 MATERIALS 2/13/2024 TRAFFIC CONTROLLERS 2/13/2024 TRAFFIC CONTROLLERS 2/20/2024 02/12/24 - 02/18/24 WEEKLY F
2/4/2024 LANDLINE PHONE SERVICE~
2/13/2024 HARDWARE & MAINT SUPPL
2/14/2024 HARDWARE & MAINT SUPPL 2/6/2024 HARDWARE & MAINT SUPPL 2/1/2024 HARDWARE & MAINT SUPPL 2/12/2024 HARDWARE & MAINT SUPPL 2/7/2024 HARDWARE & MAINT SUPPL 2/8/2024 HARDWARE & MAINT SUPPL 2/8/2024 HARDWARE & MAINT SUPPL 2/8/2024 HARDWARE & MAINT SUPPL 2/5/2024 CASA CLEARED OUT TRENC 2/1/2024 CLEANING AND REMOVAL
2/1/2024 CLEANING AND REMOVAL
2/12/2024 CLEANING AND REMOVAL 2/1/2024 BUSH HOG MOWER BLADES 3/15/2023 IRRIGATION SUPPLIES A/C~
2/15/2024 2024 MAVERICK HYBRID REF
2/15/2024 2024 MAVERICK HYBRID REF 2/15/2024 2024 MAVERICK HYBRID REF Amount Paid
4,700.00
7,500.00
1,470.00 1,205.00
990.00
1,400.00
700.00
2,125.00
162.96
3,825.13 3,825.13
20,084.59
4,927.45
11 .60

77.56 52.33

4.84 16.46

63.00 91.25

22.27 25.87
686.00
1,760.00
3,325.00
960.00 335.83
410.51
29,099.10 29,099.10 29,099.10
Page: 2
Check Total
20,090.00
162.96
7,650.26
20,084.59
4,927.45
365.18
686.00
6,045.00
335.83
410.51
87,297.30
Page:2
4 apChklst Final Check List Page: 3
02/22/2024 11 :20:29AM SAN CLEMENTE
Bank : citv BANK OF THE WEST (Continued)
Check# Date Vendor Invoice Inv Date Descriotion Amount Paid Check Total 594732 2/23/2024 000026 FEDERAL EXPRESS CORP 8-349-21899 12/15/2023 SHIPPING CHARGES 29.50 8-355-93563 12/22/2023 SHIPPING CHARGES 29.88 8-363-16878 12/29/2023 SHIPPING CHARGES 29.65 8-369-32151 1/5/2024 SHIPPING CHARGES 25.32
8-376-32530 1/12/2024 SHIPPING CHARGES 31.92 8-383-02029 1/19/2024 SHIPPING CHARGES 31.22 8-389-18796 1/26/2024 SHIPPING CHARGES 54.98
9-668-02243 2/2/2024 SHIPPING CHARGES- LATE F 2.03
9-668-45941 2/9/2024 SHIPPING CHARGES- LATE F 2.03 236.53 594733 2/23/2024 036281 FOSTER & FOSTER, INC 29965 2/15/2024 GASS 67 & 68 3,100.00 3,100.00 594 734 2/23/2024 036099 FRITZSCH, ERIC 020624 2/6/2024 REIMBURSEMENT FOR SAFE 250.00 250.00 594735 2/23/2024 012860 FUN EXPRESS, INC. 72969162601 2/7/2024 EGGS FOR EGGSTRAVAGAN 284.40 284.40 594736 2/23/2024 032612 GIANT CO2 139782 2/12/2024 CHEMICAL SUPPLIES 340.69 139042 11/20/2023 CHEMICAL SUPPLIES 270.94 611 .63
594737 2/23/2024 027603 GILMORE, JORDAN 020424 2/4/2024 WORK BOOTS REIMBURSErv 96.96 96.96 594738 2/23/2024 012285 GLENN'S WELDING 210289 2/13/2024 WELDING OF CERT TRAILER 500.00 500.00 594739 2/23/2024 001926 GRAINGER, INC, W.W. 9010001478 2/5/2024 HARDWARE/ EQUIPMENT 558.86 9014845433 2/9/2024 HARDWARE/ EQUIPMENT 2,652.95
9011776003 2/7/2024 HARDWARE/ EQUIPMENT 428.85
9014410543 2/8/2024 HARDWARE/ EQUIPMENT 658.10
9014031273 2/8/2024 HARDWARE / EQUIPMENT 325.07
9014399746 2/8/2024 HARDWARE / EQUIPMENT 237.11
9020189040 2/14/2024 HARDWARE/ EQUIPMENT 288.60
9019428961 2/14/2024 HARDWARE/ EQUIPMENT 202.45
9020189057 2/14/2024 HARDWARE/ EQUIPMENT 112.98 5,464.97 594 7 40 2/23/2024 032998 GREEN ZONE WASH WATERL001257 2/15/2024 MOBILE WASHING SERVICE~ 1,062.00 1,062.00 594741 2/23/2024 031281 HALL, YVONNE 020124 2/1/2024 CONTRACT INSTRUCTOR PA 1,433.15 1,433.15 594 7 42 2/23/2024 007033 IMPERIAL SPRINKLER SUPPL0014209679-001 2/13/2024 IRRIGATION SUPPLIES 62.13 0014185855-001 2/13/2024 IRRIGATION SUPPLIES 175.65
0014177553-001 2/7/2024 IRRIGATION SUPPLIES 42.02 279.80 594 7 43 2/23/2024 031618 INNOVATIVE PEST SOLUTIOl\31628 2/9/2024 BIRD TRAPPING & REHOMIN 184.00 184.00 594744 2/23/2024 010722 IRV SEAVER MOTORCYCLES 20240233 2/6/2024 POLICE SERVICES MOTORc· 700.66 700.66 594745 2/23/2024 025885 ITS GROUP OBA IND TECH SE1115120F 2/8/2024 TROUBLESHOOT EMOTRON 807.50 807.50 594746 2/23/2024 008609 JOHNSTONE SUPPLY OF SAl\2141955 2/7/2024 SIGNAL SUPPLIES 305.83 305.83 594 7 4 7 2/23/2024 013115 KIMLEY-HORN AND ASSOC. 1127084380 1/31/2024 CEQA RESEARCH : BLUFFS 1 1,067.50 1,067.50 Page: 3
5 apChkLst
02/22/2024 11 :20:29AM
Final Check List

SAN CLEMENTE
Bank : city BANK OF THE WEST (Continued)
Check# Date Ven<fnr --· Invoice
594748 2/23/2024 020138
594749 2/23/2024 028732 594750 2/23/2024 027839
594751 2/23/2024 016814
594752 2/23/2024 005503
594753 2/23/2024 007564 594754 2/23/2024 012772 594755 2/23/2024 003619 ------
KRIEGER ELECTRIC 32973
32974
LACEY JUNE STUDIO 012324 LANCE SOLL & LUNG HARD Ll60737 LINCOLN AQUATICS CM152491 LITTLEPAGE LANDSCAPING 5508 LOWE'S COMPANIES, INC. 97822 99473
77937
77973 78947 78115
91674 93022
81568
925137
996584 925847
70597
25724
83044
25734
86387
MBF CONSULTING, INC. 2000-1812
2000-1816 2000-1822 2000-1817
2000-1813 2000-1814 2000-1815 2000-1818
2000-1819
2000-1820 2000-1821
MISSION SQUARE-302452 Ben2540018
Inv Date Description
1/11/2024 KRIEGER - NB CONCES.ELE<
1/11/2024 INSTALLADDITIONAL VOLT 1/23/2024 CONTRACT INSTRUCTOR PA 12/18/2023 AUDIT SERVICES FY 2023 2/6/2024 CHEMICAL SUPPLIES
1/25/2024 MONTH OF JANUARY LANDS
2/8/2024 #0333392 SUPPLIES
1/29/2024 #0333392 SUPPLIES
2/1/2024 #0333392 SUPPLIES 2/1/2024 #0333392 SUPPLIES 2/1/2024 #0333392 SUPPLIES 2/1/2024 #0333392 SUPPLIES
2/5/2024 #0333392 SUPPLIES
2/6/2024 #0333392 SUPPLIES
2/12/2024 #0333392 SUPPLIES
1/7/2024 #0333392 SUPPLIES
1/18/2024 #0333392 SUPPLIES 1/16/2024 #0333392 SUPPLIES 2/9/2024 #0333392 SUPPLIES
2/12/2024 #0333392 SUPPLIES 2/13/2024 #0333392 SUPPLIES 2/13/2024 #0333392 SUPPLIES
2/14/2024 #0333392 SUPPLIES
2/5/2024 BLANKET PURCHASE ORDEF
2/5/2024 BLANKET PURCHASE ORDEF 2/5/2024 BLANKET PURCHASE ORDEF 2/5/2024 BLANKET PURCHASE ORDEF 2/5/2024 BLANKET PURCHASE ORDEF 2/5/2024 BLANKET PURCHASE ORDEF 2/5/2024 BLANKET PURCHASE ORDEF 2/5/2024 BLANKET PURCHASE ORDEF 2/5/2024 BLANKET PURCHASE ORDEF 2/5/2024 BLANKET PURCHASE ORDEF
2/5/2024 BLANKET PURCHASE ORDEF 2/23/2024 DEFERRED COMP ICMA: PA'< Amount Paid
6,500.00
1,200.00
3,030.79
2,620.00

48.66 1,700.00
198.46 151.37
250.59
190.79

32.56 31 .30

9.81 473.54
222.42

45.62 153.27
81 .74

54.19 67.97
285.49
185.20
576.30 360.00
1,140.00
2,640.00
900.00 900.00
780.00
900.00
780.00
4,620.00
1,020.00
660.00
25,627.62
Page:4
Check Total
7,700.00
3,030.79
2,620.00

48.66 1,700.00
3,010.62
14,700.00
25,627.62
Page: 4
6 apChklst
02/22/2024 11 :20:29AM
Final Check List •

SAN CLEMENTE
Bank : citv BANK OF THE WEST (Continued)
Check# Date Vendor Invoice Inv Date Descriotion
---------------
594756 2/23/2024 034976
594757 2/23/2024 036280
594758 2/23/2024 036278
594759 2/23/2024 003762
594760 2/23/2024 025176
594761 2/23/2024 030289
594762 2/23/2024 001207
594 763 2/23/2024 025959
594764 2/23/2024 032731 594 765 2/23/2024 020153
594 766 2/23/2024 015190
MISSION SQUARE-306379 Ben2540022 2/23/2024 DEFERRED COMP/ICMA PTS MOJO SPORTS 4091 CE7E-0002 2/5/2024 MOJO APP FEE FOR FNF MONTELLO, MICHAEL & MARIB21-2485 7/15/2022 REFUND OF WMP FEE B22-2341 11/7/2022 REFUND OF WMP FEE
NATIONAL CONST RENTALS, 7311874 2/1/2024 STORAGE CONTAINER NICHOLS CONSULTING ENGl1790033017B 2/9/2024 PROFESSIONAL SERVICES F 790033017A 2/9/2024 CLEAN OCEAN FEE RATE ST
OCCUPATIONAL HEALTH CTR81950479 1/24/2024 PHYS LEVEL 2, TB TEST, DO" 82026747 1/31/2024 PHYS LEVEL 2, TB TEST, DO" 81879480 2/8/2024 PHYS LEVEL 2, TB TEST, DO" ODP BUSINESS SOLUTIONS 1351122793001 1/22/2024 OFFICE SUPPLIES A/C #8983 350486387001 1/25/2024 OFFICE SUPPLIES A/C #8983
352567063001 1/31/2024 OFFICE SUPPLIES A/C #8983
347086397001 1/11/2024 OFFICE SUPPLIES A/C #8983
350551083001 1/17/2024 OFFICE SUPPLIES A/C #8983 351775388001 1/26/2024 OFFICE SUPPLIES A/C #8983 350116956001 1/9/2024 OFFICE SUPPLIES A/C #8983
350108322001 1/9/2024 OFFICE SUPPLIES A/C #8983
350118415001 1/9/2024 OFFICE SUPPLIESA/C #8983
350108767001 1/10/2024 OFFICE SUPPLIES A/C #8983
350719879001 1/17/2024 OFFICE SUPPLIES A/C #8983
350101364001 1/9/2024 OFFICE SUPPLIES A/C #8983
350101853001 1/10/2024 OFFICE SUPPLIES A/C #8983
334737101001 9/27/2023 OFFICE SUPPLIES A/C #8983
336636375001 10/18/2023 OFFICE SUPPLIES A/C #8983
341487250001 11/7/2023 OFFICE SUPPLIES A/C #8983
344859101001 12/6/2023 OFFICE SUPPLIES A/C #8983
344859930001 12/6/2023 OFFICE SUPPLIES A/C #8983
OMNI ENTERPRISE INC CSC01244 2/8/2024 OMNICLEAN - JANIT. - MAINl CSC01241 2/8/2024 OMNICLEAN - JANITORIAL -CSC01242 2/8/2024 OMNICLEAN - JANITORIAL-~ CSC01243 2/8/2024 OMNICLEAN - JANITORIAL-~
ORLANDELLA, JUDY SC508116 1/24/2024 CITATION REFUND
PACIFIC ADVANCED CIVIL EN8200 1/31/2024 WRP EFFICIENCY STUDY PAYFLEX SYSTEMS, USA Ben2540024 2/23/2024 SEC 125 MEDICAL: PAYMENl Amount Paid
3,416.24
2,500.00
500.00
250.00
258.60
1,186.25
200.00
674.00
355.00
196.00

55.33 57.59

54.08 117.65
61 .35
195.96
232.63
168.05

99.56 17.23
91 .77

9.68 269.36
171 .93
100.85

23.69 17.78

79.67 1,600.00
20,050.00
9,450.00
3,600.00
333.00
7,636.25
2,662.61
Page: 5
Check Total
3,416.24
2,500.00
750.00
258.60
1,386.25 1,225.00
1,824.16
34,700.00
333.00
7,636.25
2,662.61
Page: 5
7 apChklst Final Check List Page: 6
02/22/2024 11 :20:29AM SAN CLEMENTE
Bank : citv BANK OF THE WEST (Continued)
Check# Date Vendor Invoice Inv Date Description Amount Paid Check Total 594 767 2/23/2024 034980 PDM CONSULTING INC 23-06 2/5/2024 DEL MAR ELECTRICAL REHA 9,620.00 9,620.00 594768 2/23/2024 003616 PRUDENTIAL OVERALL SUPP 132234171 1/23/2024 RENTALAND CLEANING OF l 94.69 132234172 1/23/2024 RENTAL AND CLEANING OF l 75.60
132234170 1/23/2024 RENTAL AND CLEANING OF l 19.25
132234173 1/23/2024 RENTALAND CLEANING OF l 19.50
132235452 1/30/2024 RENTALAND CLEANING OF l 19.50
132236718 2/6/2024 RENTALAND CLEANING OF l 94.69
132236719 2/6/2024 RENTALAND CLEANING OF l 79.78
132224128 11/28/2023 1273601 UNIFORMS RENTAL 58.35
132236716 2/6/2024 1273601 UNIFORMS RENTAL 59.37
132220371 11/7/2023 1273604 UNIFORMS RENTAL 27.26
132224127 11/28/2023 1273604 UNIFORMS RENTAL 27.26 132236715 2/6/2024 1273604 UNIFORMS RENTAL 27.26 132235450 1/30/2024 RENTALAND CLEANING OF l 94.69
132235451 1/30/2024 RENTAL AND CLEANING OF l 75.60
132235449 1/30/2024 RENTALAND CLEANING OF l 19.25
132236717 2/6/2024 RENTAL AND CLEANING OF l 19.25 132236720 2/6/2024 RENTALAND CLEANING OF l 19.50 132237911 2/13/2024 1372603/1273601 /1273604 UN 47.61 878.41 594 769 2/23/2024 000267 R & R INDUSTRIES, INC 663351 2/12/2024 CITY APPAREL 1,719.40 1,719.40 594 770 2/23/2024 034177 REAL ESTATE CONSULTING 17946 2/14/2024 REC&S - CITY TRAIL MAINT (: 2,500.00 2,500.00 594771 2/23/2024 036258 RIDGECREST PRODUCTS INC599521 1/4/2024 BADGES - PARK RANGERS 1,457.00 1,457.00 594 772 2/23/2024 000067 RINCON TRUCK CENTER INC359056 2/6/2024 PARTS 706.98 359114 2/8/2024 PARTS 219.34 926.32
594 773 2/23/2024 000207 ROD'S TREE SERVICE INC 120-154-24 2/9/2024 TREE WORK 2,150.00 120-155-24 2/9/2024 TREE WORK 2,700.00 4,850.00
594774 2/23/2024 025784 RUSSELL SIGLER INC INV-ORN24000~ 1/31/2024 MATERIALS/ TOOLS 429.80 429.80 594775 2/23/2024 000635 SAN CLEMENTE CITY EMPLOBen2540032 2/23/2024 DUES - SCCEA: PAYMENT 1,638.00 1,638.00 594 776 2/23/2024 008656 SAN CLEMENTE, CITY OF 090823-021424 2/14/2024 RECREATION SCHOLARSHIF 5,010.00 5,010.00 594777 2/23/2024 001174 SAN DIEGO GAS & ELECTRIC021324 2/13/2024 0027684968885 DISTRIBUTIO 3.97 021524G 2/15/2024 2100000570996 DISTRIBUTIO 27,341 .05 020824 2/8/2024 2100010172486 DISTRIBUTIO 28.77 012624A 1/26/2024 0074881424510 DISTRIBUTIO 77.91 020724GA 2/7/2024 0010114696870 DISTRIBUTIO 262.07 27,713.77 Page:6
8 apChklst 02/22/2024 11 :20:29AM
Final Check List

SAN CLEMENTE
Bank : city BANK OF THE WEST (Continued)
Check# Date Vendor .:..:.lna..;;v..;;;o~ic:;.;:e;...._ __ Inv Date Description 594 778 2/23/2024 009896
594 779 2/23/2024 005090
594780 2/23/2024 036276
594781 2/23/2024 027876
594782 2/23/2024 036279
594783 2/23/2024 002755
594784 2/23/2024 000817
594785 2/23/2024 000208
594 786 2/23/2024 025058 594 787 2/23/2024 019220 594788 2/23/2024 003436 594789 2/23/2024 007027
594790 2/23/2024 001680
594791 2/23/2024 001965
594 792 2/23/2024 031058
594793 2/23/2024 003356
594794 2/23/2024 030571 594 795 2/23/2024 036282
594 796 2/23/2024 000870 594 797 2/23/2024 027059
594 798 2/23/2024 036277
SANTA MARGARITA WATER C000940050-457€ 2/8/2024 WATER SERVICES #0011401~ 000940050-4484 2/8/2024 WATER SERVICES #0011401~
SCUBA MANIA, INC. 31358 2/7/2024 FILL & SERVICE
SEKI, NISHIMURA & WATASE 33530 2/1/2024 LEGAL SERVICES RENDEREI 33532 2/1/2024 LEGAL SERVICED RENDEREI
SHAW INTEGRATED SOLUTIC999165798 11/29/2023 SHAW INT. - FLOORING T.GF SHUVALOV, VITALII SC506805 10/6/2023 CITATION REFUND SOUTH COAST DISTRIBUTIN<306631 2/12/2024 SUPPLIES SOUTH COAST WATER DISTF4885 2/5/2024 JRWSS FY24 OPERATION Al\ SOUTHERN COUNTIES FUEL:2580010-IN 2/13/2024 FUEL PURCHASES FOR CITY STOTZ EQUIPMENT P96064 2/12/2024 CENTER LINK
THE ADVANTAGE GROUP 167290 1/31/2024 COBRAADMINISTRATION TONY'S LOCKSMITH 40314 2/5/2024 PICKLEBALL PADLOCKS
43502ERS 2/8/2024 INSTALLED FIRE DOOR MAT!
TURF STAR, INC 7319484-00 2/8/2024 IRRIGATION PARTS
UNITED RENTALS NORTH AM229478055-001 1/31/2024 GENERATOR VORTEX INDUSTRIES INC 09-1713008 11/3/2023 VORTEX- OHBCACCESS CT WARWICK GROUP CONSULT124-220-1 2/1/2024 LOBBYING SERVICES/SAND WATERLINE TECHNOLOGIES5670632 2/7/2024 HYPOCHLORITE SOLUTION~ 5670671 2/8/2024 HYPOCHLORITE SOLUTION~
5664034 12/5/2023 HYPOCHLORITE SOLUTION~
5663880 12/4/2023 HYPOCHLORITE SOLUTION~
5663530 11/30/2023 HYPOCHLORITE SOLUTION~
5662356 11/20/2023 HYPOCHLORITE SOLUTION~
WEST COAST CODE CONSUL224-01-458-01 2/14/2024 WEST COAST CONSULTANT:

WILLIAMS, NORM 91127 1/16/2024 REIMBURSEMENT FOR PACl
WITTMAN ENTERPRISES, LLC2401023 2/15/2024 Ambulance BillinQ Services for ZAPP PEST MANAGEMENT 20514 1/30/2024 PEST CONTROL SERVICE 20445 1/30/2024 PEST CONTROL SERVICE
ZOGHI, KAVEH 823-1992 10/12/2023 REFUND OF WMP FEE
Amount Paid

73.96 166.30

60.00 1,075.24
1,592.67
6,333.83

61.00 139.80
89,226.92
14,577.43
490.07
219.45
383.59
725.00

59.67 4,677.20
6,636.50
5,000.00
1,666.12
3,044.18
237.59
971.46
165.18
3,952.31
3,169.00
113.01
8,893.82
130.00
105.00
750.00
Sub total for BANK OF THE WEST:

Page: 7
Check Total
240.26

60.00 2,667.91
6,333.83
61 .00
139.80
89,226.92
14,577.43
490.07
219.45
1,108.59

59.67 4,677.20
6,636.50
5,000.00
10,036.84
3,169.00
113.01
8,893.82
235.00
750.00
741 ,098.89
Page:7
9 apChkLst
02/22/2024 11 :20:29AM
102 checks in this report.

Final Check List

SAN CLEMENTE
Page: 8
Grand Total All Checks: 741,098.89
Page:8
1 0
City of San Clemente
Summary of Large Dollar Warrants
Wire# Date Vendor/Payee Purpose Amount
3007 2/23/2024 Federal Withholding Federal withholding taxes for pay period 02/23/2024 170,348.74 1 Agenda Item: 10C(2)
CITY OF SAN CLEl\1:ENTE

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 THA.t FUNDS ARE AVAILABLE FOR PAYMENT
THEREOF:

APPROVED AND ORDERED PAID AT

THE MEETING OF THE CITY COUNCIL
HELD ON ____________ _
IN THE AMOUNT OF$ _,_4=0=54....:...i....:.4..:..;13::.:.. .0=5=------ MAYOR

PAID BY WARRANTS SIGNED BY LEGALLY

DESIGNATED PERSONS IN ACCORDANCE

WITH THE STATE OF CALIFORNIA
GOVERNMENT CODE, SECTION-41003

CITY TREASURER
2 apChklst
02/28/2024 10:58:54AM
Final Check List

SAN CLEMENTE
Bank : citv BANK OF THE WEST
Check# Date Vendor Invoice Inv Date Descriotion
3009 3/1/2024 0024 7 4 CA PUB EMPLOY RETIREMEf\PP04/24 2/18/2024 PERS CONTRIBUTIONS 3010 3/1/2024 024009 CA PUB EMP RETIREMENT S'PP#04/24 2/18/2024 PERS CONTRIBUTIONS FOR 594799 3/1/2024 024081 AZ SAN CLEMENTE PARTNE1030124 3/1/2024 PARKING LOT LEASE AGREE 594800 3/1/2024 016780 ABDELMUTI DEVELOPMENT <030124 3/1/2024 PARKING LOT LEASE AGREE 594801 3/1/2024 035116 ACCESS CONTROL SECURIT0057510 2/14/2024 PRIVATE PARKING ENFORCE 594802 3/1/2024 024819 ALLEN, CHELSEA 65327089 2/9/2024 REFUND FOR FLAG FOOTBA 594803 3/1/2024 034565 AMAZON BUSINESS 111J-RJTT-T1F\ 2/7/2024 SUPPLIES 11 G9-QKTV-RT 2/7/2024 SUPPLIES
1N9K-1XYY-P4'r 2/7/2024 SUPPLIES
1 MLL-YLKR-X7C 2/8/2024 SUPPLIES
1 GQF-J71 R-LK~ 2/11/2024 SUPPLIES
114K-MRYG-KM 2/11/2024 SUPPLIES
171X-3D4Q-H3[ 2/11/2024 SUPPLIES
16KK-VDXF-V1 [ 2/12/2024 SUPPLIES
1 YMR-Y J33-PTC 2/12/2024 SUPPLIES
179Q-G9MV-611 2/13/2024 SUPPLIES
17C3-LW3L-4LV 2/13/2024 SUPPLIES
11QH-HGCJ-CF 2/14/2024 SUPPLIES
11 QH-HGCJ-G6 2/15/2024 SUPPLIES
1VW3-VN6G-7H 2/16/2024 SUPPLIES
1Y9N-N9QD-Y11 2/20/2024 SUPPLIES
1R17-WMFY-QC 2/7/2024 SUPPLIES
199K-QRQV-7PI 2/9/2024 SUPPLIES
16CL-NYNQ-HR 2/1/2024 SUPPLIES
1 JYT-1 WX4-FV< 2/1/2024 SUPPLIES
1 QP4-7DHL-4Xl 2/1/2024 SUPPLIES
11 G9-QKTV-17 J 2/4/2024 SUPPLIES
1YFY-3G4Y-K1 ~ 2/2/2024 SUPPLIES
1 DG4-L 1 NM-O9 2/3/2024 SUPPLIES
1 KT3-9XDN-CD'. 2/5/2024 SUPPLIES
1 MPP-CXTT-CN 2/5/2024 SUPPLIES
11 G9-QKTV-L94 2/6/2024 SUPPLIES
1 KM7-1 WCV-79 2/5/2024 SUPPLIES
1 V6L-76VD-LCJ 2/6/2024 SUPPLIES
Page: 1
Amount Paid Check Total
7,001 .37 7,001.37
108,090.39 108,090.39
350.00 350.00
700.00 700.00
656.00 656.00
142.00 142.00
253.98
566.73
669.16

44.17 48.48
872.69

26.38 53.86

86.19 478.77
142.36

53.96 57.95
171 .51
114.15
-25.46
-85.11
361.42
123.00
398.01

38.76 64.64

20.45 14.00
495.23
149.28

16.15 19.86
Page: 1
3 apChklst Final Check List Page: 2
02/28/2024 10:58:54AM SAN CLEMENTE
Bank : city BANK OF THE WEST (Continued)
Check# Date Vendor Invoice Inv Date Descriotion Amount Paid Check Total 1R17-WMFY-VY 2/7/2024 SUPPLIES 26.93 5,257.50
594804 3/1/2024 005201 APPLE ONE 01-6812348 2/7/2024 TEMPORARY CLERICAL SER' 1,020.72 01-6793282 1/10/2024 TEMPORARY SERVICES 847.90
01-6817501 2/14/2024 TEMPORARY SERVICES 1,063.25 2,931.87 594805 3/1/2024 024288 ARMOR FENCE CONCEPTS 1335 2/20/2024 FENCE REPAIRS 1,920.00 1,920.00 594806 3/1/2024 019070 ATOM COMPANY INC 19975 1/30/2024 SAW CUT ASPHALT 612.00 19976 1/30/2024 SAW CUT ASPHALT 612.00
19977 1/30/2024 SAW CUT ASPHALT 612.00 1,836.00
594807 3/1/2024 019898 ATS COMMUNICATIONS 941811 2/6/2024 LA03597B - FEB 2024 PAYMEI 620.01 941356 1/29/2024 LA23187D - FEB 2024 PAYMEI 691.19 1,311 .20 594808 3/1/2024 035882 BAKER, BRIANNA 65057476 2/2/2024 REFUND - COURSE CANCELI 82.00 82.00 594809 3/1/2024 036299 BAM TRUST 823-2843 12/5/2023 REFUND OF WMP FEE 250.00 250.00 594810 3/1/2024 024030 BAY ALARM COMPANY 21210459 2/4/2024 3321970 MONITORING SERVI 150.00 21173648 2/1/2024 3365970 MONITORING SERVI 35.00 185.00 594811 3/1/2024 032624 BLECKERT'S POWER SERVIC1209 1/26/2024 GENERATOR RENTAL FOR C 6,500.00 6,500.00 594812 3/1/2024 026424 BOUGHTON, MARJORIE T 030124 3/1/2024 PARKING LOT LEASE AGREE 166.66 166.66 594813 3/1/2024 036284 BRIDGES, CASEY 65327179 2/9/2024 REFUND FOR FLAG FOOTBA 142.00 65327226 2/9/2024 REFUND FOR FLAG FOOTBA 142.00 284.00
594814 3/1/2024 026400 CAL MICRO RECYCLING 2400192 2/12/2024 ELECTRONIC WASTE & UNI\J 1,102.30 1,102.30 594815 3/1/2024 035549 CALEY, MITCHELL 805597 10/16/2023 REIMB FOR CWEA MEMBER~ 192.00 192.00 594816 3/1/2024 004940 CALIF STATE LANDS COMMl!:811100 2/20/2024 PUBLIC AGENCY - CONTINUE 51 .24 51 .24 594817 3/1/2024 029136 CALIFORNIA STREET LIGHTl~1078 2/16/2024 CA ST LTG - POLE REMOVAL 6,100.00 6,100.00 594818 3/1/2024 027238 CALPINE ENERGY SOLUTION2405400193623• 2/23/2024 ELECTRICITY A/C #281213 209.08 2405400193623• 2/23/2024 ELECTRICITY A/C #281216 213.18 24054001936231 2/23/2024 ELECTRICITY A/C #281217 692.23 2405400193623• 2/23/2024 ELECTRICITY A/C #281212 5,699.67 6,814.16 594819 3/1/2024 036260 CANZIANI, TRACEY 65170982 2/5/2024 CLASS REFUND 48.00 48.00 594820 3/1/2024 036285 CARPENTER, SANDRA 65320511 2/9/2024 REFUND - SCHEDULE CONFI 145.00 145.00 594821 3/1/2024 026426 CARRICK, CYNTHIA T 030124 3/1/2024 PARKING LOT LEASE AGREE 166.66 166.66 594822 3/1/2024 019519 CINTAS CORPORATION 1904648985 2/19/2024 APPAREL FOR STAFF 146.24 146.24 Page:2
4 apChklst Final Check List Page: 3
02/28/2024 10:58:54AM SAN CLEMENTE
Bank : citv BANK OF THE WEST (Continued)
Check# Date Vendor Invoice Inv Date Description Amount Paid Check Total 594823 3/1/2024 035342 CIVICA LAW GROUP APC 12261 2/2/2024 CODEENFORCEMENTLEGA 8,211 .96 12262 2/2/2024 CODEENFORCEMENTLEGA 163.10
12263 2/2/2024 CODEENFORCEMENTLEGA 742.20
12264 2/2/2024 CODEENFORCEMENTLEGA 139.80
12265 2/2/2024 CODEENFORCEMENTLEGA 93.20
12266 2/2/2024 CODEENFORCEMENTLEGA 705.64
12267 2/2/2024 CODEENFORCEMENTLEGA 139.80
12268 2/2/2024 CODEENFORCEMENTLEGA 1,572.90
12269 2/2/2024 CODEENFORCEMENTLEGA 294.00
12270 2/2/2024 CODE ENFORCEMENT LEGA 46.60
12271 2/2/2024 CODEENFORCEMENTLEGA 179.60
12272 2/2/2024 CODEENFORCEMENTLEGA 46.60
12273 2/2/2024 CODE ENFORCEMENT LEGA 442.70
12274 2/2/2024 CODEENFORCEMENTLEGA 349.50
12275 2/2/2024 CODEENFORCEMENTLEGA 838.80
12276 2/2/2024 CODEENFORCEMENTLEGA 4,065.10
12277 2/2/2024 OCSD LEGAL SERVICES FOF 640.10
12278 2/2/2024 OCSD LEGAL SERVICES FOF 66.00
12279 2/2/2024 OCSD LEGAL SERVICES FOF 8,300.00 27,037.60 594824 3/1/2024 036054 CONDOR INC PP2 2/7/2024 VISTA HERMOSA AQUATIC C 241 ,736.05 241 ,736.05 594825 3/1/2024 001394 COOK PGA GOLF SHOP INC, 022724 2/27/2024 02/19/24 - 2/25/24 WEEKLY PP 20,466.39 20,466.39 594826 3/1/2024 035514 COOPER, MATTHEW 012524 1/25/2024 REIMBURSEMENT FOR WOR 173.15 173.15 594827 3/1/2024 006090 COX COMMUNICATIONS 049351201 2/1/2024 MONTHLY COX SCADA CO Mr 250.00 049351101 2/1/2024 MONTHLY COX SCADA COMr 1,349.01 1,599.01 594828 3/1/2024 005410 DEIST-BINSFIELD, INC 2160 2/19/2024 CONSTRUCTION MGMT SER' 1,942.50 2161 2/20/2024 BLANKET PURCHASE ORDEF 1,575.00 3,517.50 594829 3/1/2024 036286 DEMAIO FOR ASSEMBLY 65201337 2/6/2024 REFUND- USING WRONG CF 1,919.75 1,919.75 594830 3/1/2024 002647 DENAULT'S HARDWARE, INC522164 2/17/2024 HARDWARE & MAINT SUPPL 5.81 522167 2/17/2024 HARDWARE & MAINT SUPPL 29.07
522201 2/20/2024 HARDWARE & MAINT SUPPL 3.20
522207 2/20/2024 HARDWARE & MAINT SUPPL 90.55
522088 2/13/2024 HARDWARE & MAINT SUPPL 37.67 166.30
594831 3/1/2024 009540 DUDEK & ASSOCIATES, INC. 202400138 2/7/2024 ON-CALL CONSULTING SER\ 2,375.00 2,375.00 594832 3/1/2024 018372 DUNCAN SE, CAMERON D SC-MSA-04 2/18/2024 MARINE SAFETY HEADQUAF 1,362.50 1,362.50 Page: 3
5 apChkLst Final Check List Page:4
02/28/2024 10:58:54AM SAN CLEMENTE
Bank : city BANK OF THE WEST (Continued)
Check# Date Vendor Invoice Inv Date Description Amount Paid Check Total 594833 3/1/2024 003643 DUNN-EDWARDS CORPORAT2184A05785 2/8/2024 ACCT #009167-007 PAINT 21.04 2184A05872 2/12/2024 ACCT #009167-007 PAINT 97.72 118.76 594834 3/1/2024 004177 E STEWART & ASSOC INC 8645S 2/12/2024 CLEANING AND REMOVAL 3,120.00 8647S 2/13/2024 CLEANING AND REMOVAL 2,115.00
8644S 2/12/2024 E.STEWART- PLC VISQUEE~ 7,180.00 12,415.00 594835 3/1/2024 035720 ELYSIAN ARTS & EVENTS LLC022024 2/20/2024 INSTRUCTOR PAYMENT 2,004.80 2,004.80 594836 3/1/2024 011576 EQUIFAX INFORMATION SER'2059101051 2/13/2024 UTILITIES CREDIT SCORING 216.35 216.35 594837 3/1/2024 023219 EVANTEC CORPORATION 202400273 2/20/2024 SUPPLIES 451 .23 202400035 1/11/2024 SUPPLIES 290.93 742.16
594838 3/1/2024 002042 FIRST VEHICLE SERVICES 11935163 2/21/2024 TROLLEY 2,203.51 2,203.51 594839 3/1/2024 003450 FOOTHILUEASTERN TC A FEB2024 2/26/2024 FEES COLLECTED 6,467.00 6,467.00 594840 3/1/2024 026173 FUHR SOFTWARE, INC 2088 12/19/2023 LOBBYCENTRALANNUAL SU 10,560.00 10,560.00 594841 3/1/2024 007657 GARDA 10767073 2/1/2024 ARMORED TRANSPORT 3,019.43 20592901 1/31/2024 ARMORED TRANSPORT 98.96 3,118.39
594842 3/1/2024 012285 GLENN'S WELDING 068269 2/22/2024 BEACH TRAIL FENCE 4,960.00 4,960.00 594843 3/1/2024 031131 GOMEZ, JOSUE 022224 2/22/2024 TRAINING FEE REIMBURSEl\i 83.20 83.20 594844 3/1/2024 001926 GRAINGER, INC, W.W. 9019064147 2/13/2024 HARDWARE/ EQUIPMENT 62.61 9020417748 2/14/2024 HARDWARE/ EQUIPMENT 27.26
9020107315 2/14/2024 CREDIT - HARDWARE/ EQUI -27.26
9024041338 2/19/2024 HARDWARE/ EQUIPMENT 33.38 95.99
594845 3/1/2024 017866 GREENWOOD, JOHN J 030124 3/1/2024 PARKING LOT LEASE AGREE 350.00 350.00 594846 3/1/2024 036296 GRIFFIN, HAYES 013024 1/30/2024 PARKING REFUND 2.25 2.25 59484 7 3/1/2024 002311 HAAKER EQUIPMENT CO .. IN•W1A72M 2/15/2024 PARTS / HARDWARE 1,276.97 1,276.97 594848 3/1/2024 001140 HACH COMPANY 13920143 2/12/2024 LAB SUPPLIES 2,362.97 13914699 2/7/2024 LAB SUPPLIES 420.82 2,783.79
594849 3/1/2024 036287 HARLINE, RINDY 65310225 2/9/2024 REFUND - WRONG LEVEL 153.91 153.91 594850 3/1/2024 002045 HIRSCH PIPE & SUPPLY 9368316 2/21/2024 FACILITIES - MAINT. OF BUil 2,121.99 9383469 2/21/2024 FACILITIES - MAINT. OF BUil 3,428.90 5,550.89 594851 3/1/2024 003185 IDEXX DISTRIBUTION, INC. 3145959070 2/13/2024 COLIFORM TESTING SUPPL! 28.43 28.43 594852 3/1/2024 007033 IMPERIAL SPRINKLER SUPPL0014252018-001 2/15/2024 IRRIGATION SUPPLIES 25.49 0014256265-001 2/15/2024 IRRIGATION SUPPLIES 112.02
0013974247-001 2/15/2024 IRRIGATION SUPPLIES 314.03 451 .54 594853 3/1/2024 025885 ITS GROUP OBA IND TECH SE1115126F 2/12/2024 CH - COOLING TOWER MAIN 185.00 1115127F 2/12/2024 AQUATIC CNT. - PREV MAINl 370.00
1115128F 2/12/2024 OHBC - PREV. MAINT. 115.00 670.00
Page: 4
6 apChklst
02/28/2024 10:58:54AM
Final Check List

SAN CLEMENTE
Bank : citv BANK OF THE WEST (Continued)
Check# Date Venrtor --· Invoice
594854 3/1/2024 008609
594855 3/1 /2024 026297
594856 3/1/2024 034814
594857 3/1/2024 020138
594858 3/1/2024 001779
594859 3/1/2024 036297
594860 3/1/2024 036298
594861 3/1/2024 019816
594862 3/1/2024 007564
594863 3/1/2024 000502
594864 3/1/2024 027427
594865 3/1/2024 004185
594866 3/1/2024 036288
594867 3/1/2024 023440
594868 3/1/2024 003762
594869 3/1/2024 023015
JOHNSTONE SUPPLY OF SAl'-2142699
JUSTFOIA, INC RN16709
KOMPAN CALIFORNIA INC INV121598
KRIEGER ELECTRIC 32975
KUSUNOKI, GARY I 1717
LA PLANTE, SHELLI 020724-021224
LASTER, LONNIE AND PAMELE23-0268
LGC GEOTECHNICAL INC 01 -20451
01-20099
LOWE'S COMPANIES, INC. 89481
78601
78834
83656
98802
92603
76235
75974
75976
MCMASTER-CARR SUPPLY C22484410
22465070
22375149
22026800
21786782
MILOSCH, TREVOR 022124
MUTUAL LIQUID GAS & EQUIF48302
MYLES, GIANNA 65327896
NASSCO INC 22519
NATIONAL CONST RENTALS. 7284732
NURSERY PRODUCTS LLC 45328
Inv Date Description
2/21/2024 SIGNAL SUPPLIES
2/20/2024 ANNUAL BILLING
2/19/2024 SANG PK - PLAYGROUND P,L
1/11/2024 LIGHT FIXTURE UPDATE
2/15/2024 CITATION HEARING OFFICEF
2/20/2024 MILEAGE REIMBURSEMENT
7/27/2023 REFUND OF CASH BOND
1/31/2024 CASA ROMANTICA EMERGE!
10/31/2023 SC BOARDWALK BRIDGE RE
2/15/2024 #0333392 SUPPLIES
2/21/2024 #0333392 SUPPLIES
2/21/2024 #0333392 SUPPLIES
2/13/2024 #0333392 SUPPLIES
2/8/2024 #0333392 SUPPLIES
2/6/2024 #0333392 SUPPLIES
2/20/2024 #0333392 SUPPLIES
2/20/2024 #0333392 SUPPLIES
2/20/2024 #0333392 SUPPLIES
2/21/2024 EQUIPMENT & TOOLS
2/21/2024 EQUIPMENT & TOOLS
2/20/2024 EQUIPMENT & TOOLS
2/13/2024 EQUIPMENT & TOOLS
2/8/2024 EQUIPMENT & TOOLS
2/21/2024 SHIRT PATCHES
2/1/2024 ACCOUNT #29498 PROPANE
2/9/2024 REFUND FOR FLAG FOOTBA
2/5/2024 PACP TRAINING - S. LOPEZ
1/8/2024 NATL CONST RENTALS - INV<
2/1/2024 TRANSPORT OF BIOSOLIDS
Amount Paid
1,178.38
9,302.35
2,274.46
950.00
180.00

24.66 112,440.00
38,696.13
610.00

57.78 115.62
227.38
164.14

62.74 120.79

79.31 51.01
-10.23
324.93
139.84
636.75

40.07 883.49
288.00

30.00 142.00
675.00
14,748.75
34,448.65
Page: 5
Check Total
1,178.38
9,302.35
2,274.46
950.00
180.00

24.66 112,440.00
39,306.13
868.54
2,025.08
288.00

30.00 142.00
675.00
14,748.75
34,448.65
Page: 5
7 apChklst Final Check List Page: 6
02/28/2024 10:58:54AM SAN CLEMENTE
Bank : citv BANK OF THE WEST (Continued)
Check# Date Vendor Invoice Inv Date Description Amount Paid Check Total 594870 3/1/2024 001207 ODP BUSINESS SOLUTIONS 1351242911001 1/31/2024 OFFICE SUPPLIES A/C #8983 83.92 351839454001 2/8/2024 OFFICE SUPPLIES A/C #8983 56.35
351944119001 2/8/2024 OFFICE SUPPLIES A/C #8983 11 .84
354164613001 2/9/2024 OFFICE SUPPLIES A/C #8983 205.58
352912754001 2/6/2024 OFFICE SUPPLIES A/C #8983 24.78 352912558001 2/6/2024 OFFICE SUPPLIES A/C #8983 9.26 349708392001 2/7/2024 OFFICE SUPPLIES A/C #8983 74.93 354374671001 2/13/2024 OFFICE SUPPLIES A/C #8983 57.39 354374664001 2/14/2024 OFFICE SUPPLIES A/C #8983 6.43 349706885001 2/7/2024 OFFICE SUPPLIES A/C #8983 43.08
354374663001 2/14/2024 OFFICE SUPPLIES A/C #8983 43.08
352912755001 2/7/2024 OFFICE SUPPLIES A/C #8983 34.90 354374662001 2/14/2024 OFFICE SUPPLIES A/C #8983 184.75 352329730001 2/5/2024 OFFICE SUPPLIES A/C #8983 100.79
353935517001 2/7/2024 OFFICE SUPPLIES A/C #8983 224.22
352376987001 2/1/2024 OFFICE SUPPLIES A/C #8983 56.57 1,217.87 594871 3/1/2024 025959 OMNI ENTERPRISE INC CSC01245 2/8/2024 JANITORIAL SERVICE FOR U 3,500.00 3,500.00 594872 3/1/2024 008563 ONESOURCE DISTRIBUTORSS7330489.001 2/20/2024 SUPPLY 525.30 S7389740.001 2/8/2024 SUPPLY 2,415.69 2,940.99
594873 3/1/2024 002372 ORANGE COUNTY FIRE AUTt-S0502684 2/15/2024 OCFA CONTRACT SERVICES 2,861,965.75 2,861 ,965.75 594874 3/1/2024 001552 ORANGE COUNTY UNITED WHMIS-2024-50 2/19/2024 HMIS ANNUAL PAYMENT 200.00 200.00 594875 3/1/2024 020253 O'REILLY AUTO PARTS 2676-298424 2/13/2024 PARTS 49.93 2676-298596 2/15/2024 PARTS 24.63 74.56
594876 3/1/2024 024251 PA&ASSOCIATES INC E119-101A 2/14/2024 ON CALL MAX BERG PLAZA F 3,850.00 3,850.00 594877 3/1/2024 020153 PACIFIC ADVANCED CIVIL EN 8188 1/31/2024 CONSULTING SERVICES FOF 2,350.00 8202 1/31/2024 ENGINEERING DESIGN SER\ 733.20 3,083.20
594878 3/1/2024 030172 PAJARO, REYLAN A 022024 2/20/2024 CONTRACT INSTRUCTOR PA 1,890.00 1,890.00 594879 3/1/2024 014887 PERALTA, RYAN 012624 1/26/2024 REIMBURSEMENT- FEDEX S 45.33 020124 2/1/2024 REIMBURSEMENT - FEDEX S 45.33 90.66
594880 3/1/2024 035750 PICKET FENCE MEDIA 84FA23BA-0044 2/8/2024 CITY LEGAL ADS NOTICE 61.04 61 .04 594881 3/1/2024 008613 POLYDYNE, INC 1808602 2/12/2024 SUPPLY & DELIVERY OF POL 18,743.33 18,743.33 594882 3/1/2024 034536 PRATT, BRITTANY 65329296 2/9/2024 REFUND - FNF FOOTBALL 142.00 142.00 594883 3/1/2024 033634 PRIDESTAFF INC 301736203 2/4/2024 GOLF COURSE GROUNDS Kl 1,051 .20 301737835 2/11/2024 GOLF COURSE GROUNDS Kl 941.40 1,992.60 594884 3/1/2024 024076 PRIORITY LANDSCAPE SVCS16453 1/31/2024 PRIORITY - LANDSCP WEST 2,400.00 2,400.00 Page: 6
8 apChklst Final Check List Page: 7
02/28/2024 10:58:54AM SAN CLEMENTE
Bank : citv BANK OF THE WEST (Continued)
Check# Date Vendor Invoice Inv Date Description Amount Paid Check Total 594885 3/1/2024 003616 PRUDENTIAL OVERALL SUPP132237924 2/13/2024 1273604 UNIFORMS RENTAL 27.26 132237925 2/13/2024 1273601 UNIFORMS RENTAL 60.89
132239141 2/20/2024 1273604 UNIFORMS RENTAL 27.26 115.41 594886 3/1/2024 000267 R & R INDUSTRIES, INC 663914 2/20/2024 JACKETS - PARK RANGERS 1,441 .60 1,441 .60 594887 3/1/2024 034177 REAL ESTATE CONSULTING 17948 2/14/2024 REC&S - CITY TRAIL MAINT (: 80.00 80.00 594888 3/1/2024 035414 RECEIVERSHIP ESTATE OF T030124 3/1/2024 PARKING LOT LEASE AGREE 350.00 350.00 594889 3/1/2024 001029 RED WING BUS ADVANTAGE .20240222036201 2/22/2024 A/C #36205 / WORK BOOTS 485.96 2024020803620! 2/8/2024 A/C #36205 I WORK BOOTS 415.88
2024021503620! 2/15/2024 A/C #36205 I WORK BOOTS 179.39 1,081.23 594890 3/1/2024 000067 RINCON TRUCK CENTER INC 358499 1/25/2024 PARTS 764.15 764.15 594891 3/1/2024 036262 ROBERTS, JEFF 65154468 2/5/2024 CREDIT ON ACCOUNT REFUI 69.00 69.00 594892 3/1/2024 000207 ROD'S TREE SERVICE INC 120-156-24 2/19/2024 TREE WORK 2,750.00 120-157-24 2/21/2024 TREE WORK 1,500.00 4,250.00
594893 3/1/2024 025784 RUSSELL SIGLER INC INV-ORN24001 ~ 2/9/2024 MATERIALS/ TOOLS 267.82 267.82 594894 3/1/2024 026639 SC SHORELINE CONSTRUC1ENG23-112 4/26/2023 REFUND OF DEVELOPER DE 5,406.75 5,406.75 594895 3/1/2024 000768 SAN CLEMENTE CITY WATER020724 2/7/2024 WATER SERVICE 46,060.96 46,060.96 594896 3/1/2024 001174 SAN DIEGO GAS & ELECTRIC021524 2/15/2024 0035968576381 DISTRIBUTIO 276.28 276.28 594897 3/1/2024 009896 SANTA MARGARITA WATER C001140130-5112 2/8/2024 WATER SERVICES #0011401~ 105.11 001140130-5029 2/8/2024 WATER SERVICES #0011401~ 171 . 76 001140130-5231 2/8/2024 WATER SERVICES #0011401~ 119.89 001140130-5230 2/8/2024 WATER SERVICES #0011401~ 87.13
001140130-5230 2/8/2024 WATER SERVICES #0011401~ 181.74 665.63 594898 3/1/2024 033211 SHAROS INVESTMENT FUNDENG19-069 1/4/2021 REFUND DEVELOPER DEPO: 423.20 ENG20-002 8/16/2022 REFUND DEVELOPER DEPO: 451.73 874.93 594899 3/1/2024 020251 SIEMENS INDUSTRY INC 5609270789 2/9/2024 PARTS 2,600.01 5609270790 2/9/2024 PARTS 4,043.86 6,643.87
594900 3/1/2024 000817 SOUTH COAST WATER DISTF4875 1/16/2024 JRWSS FY24 CIP CONSTRUC 39,520.16 4899 2/13/2024 JRWSS FY24 CIP CONSTRUC 29,390.41
4852 12/21/2023 JRWSS FY24 CIP CONSTRUC 133,078.38 201,988.95 594901 3/1/2024 003563 STANDARD INSURANCE 02/13/24 3/1/2024 VOLUNTARY LIFE INSURANC 93.45 93.45 594902 3/1/2024 014098 STANDARD INSURANCE MAR24 3/1/2024 INSURANCE 7,985.52 7,985.52 594903 3/1/2024 022514 STARFISH SIGNS & GRAPHICINV-7194 2/8/2024 STREET BANNERS UPDATE~ 476.77 476.77 594904 3/1/2024 001816 SWRCB-DWOCP 28854 2/22/2024 DIST. OP CERT. RENEWAL - I 155.00 155.00 Page:7
9 apChklst Final Check List Page: 8
02/28/2024 10:58:54AM SAN CLEMENTE
Bank : citv BANK OF THE WEST (Continued)
Check# Date Vendor Invoice Inv Date Description Amount Paid Check Total 594905 3/1/2024 034517 SYSCO RIVERSIDE INC 420756034 2/1/2024 ACCT#980883748 SUPPLY FC 2,818.83 420759349 2/2/2024 ACCT#980883748 SUPPLY FC -15.00
OBCL 1203904 7! 2/11/2024 ACCT#9808837 48 SUPPLY FC -3.93 2,799.90 594906 3/1/2024 026425 TAYLOR, WILLIAM D 030124 3/1/2024 PARKING LOT LEASE AGREE 166.66 166.66 594907 3/1/2024 032785 THE FRANK HC NAM BYPASS030124 3/1/2024 PARKING LOT LEASE AGREE 800.00 800.00 594908 3/1/2024 033793 THOMCO CONSTRUCTION INPP11 1/30/2024 PN 12563 - CITY HALL COUN< 79,066.61 79,066.61 594909 3/1/2024 003436 TONY'S LOCKSMITH 43343 2/20/2024 KEY FOB READER DEVICE C 443.93 44697 2/15/2024 EVEREST KEYS 135.77 579.70
594910 3/1/2024 022435 ULINE, INC. 174309991 2/12/2024 FLAG FOOTBALL TABLES, 0 2,480.91 2,480.91 594911 3/1/2024 029845 UNITED BLDG & DEVELPMT ~1524 2/4/2024 UNITED BLDG - CC SHUF CT 5,000.00 5,000.00 594912 3/1/2024 030375 UNITY COURIER SERVICE IN<3404 1/31/2024 COURIER SERVICE 572.54 572.54 594913 3/1/2024 033001 VIATRON SYSTEMS INC PJ8950-11 2/14/2024 SCANNING, IMAGING AND AF 7,350.00 PJ8950-10 2/14/2024 SCANNING & IMAGING SVCS 9,803.69 17,153.69 594914 3/1/2024 003258 VOCATIONAL VISIONS INC 123123 12/31/2023 2ND QUARTER CDBG GRANl 200.00 200.00 594915 3/1/2024 002324 WALTERS WHOLESALE ELECS124224538.001 2/1/2024 WALTERS -TSIG POLE INVO 9,445.91 S124951515.00~ 2/15/2024 MISC PARTS 136.35
S124427215.00t 2/15/2024 MISC PARTS 610.65 S124848130-00t 2/19/2024 MISC PARTS 2,138.18 S124848130.0m 2/19/2024 MISC PARTS 469.37 12,800.46
594916 3/1/2024 032472 WEST COAST ARBORISTS. 11\209412 12/12/2023 WCA - M.BERG 72" FICUS RE 20,850.00 209352 8/30/2023 TREE MAINTENANCE SERVI( 4,660.40 25,510.40 594917 3/1/2024 003389 WHITE CAP CONSTRUCTION 10019519477 2/21/2024 CONSTRUCTION SUPPLY 165.08 165.08 Sub total for BANK OF THE WEST: 4,054,413.05
Page: 8
10 apChklst
02/28/2024 10:58:54AM
121 checks in this report.

Final Check List

SAN CLEMENTE
Page: 9
Grand Total All Checks: 4,054,413.05
Page:9
1 1
City of San Clemente
Summary of Large Dollar Warrants
Wire# Date Vendor/Payee Purpose Amount
3010 3/1/2024 CalPERS PERS contributions for pay period 02/23/2024 108,090.39 Check# Date Vendor/Payee Purpose Amount
594824 3/1/2024 Condor Inc Vista Hermosa Aquatic Center Replaster 241,736.05 594860 3/1/2024 Lonnie and Pamela Laster Refund of Cash Bond 112,440.00 594873 3/1/2024 Orange County Fire Authority OCFA Contract Services payment for Quarter 2,861,965.75 594900 3/1/2024 South Coast Water District Joint Regional Water CIP contributions 201,988.95 910 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: March 19, 2024 Agenda Item: 10D
Submitted by: Community Development
Prepared By: Christopher Wright, Associate Planner II
Subject:
..titl e
2023 ..body GENERAL PLAN ANNUAL PROGRESS REPORT
Fiscal Impact:

None. This item provides a status update on existing plans and programs. It does not initiate new projects that involve expenditures.

Summary:

State law requires that the City to provide an annual progress report on the implementation of the General Plan. The report must be presented to the City Council for its review and acceptance and then submitted to the State. Before the City Council is a resolution accepting the General Plan 2023 Annual Progress Report (APR) and directing staff to submit a copy to the State to meet requirements.

Background:

California Government Code section 65400 requires that the City prepare an annual status report on Centennial General Plan implementation. The annual progress report must be presented to the City Council for review and acceptance, and then submitted to the Governor’s Office of Planning and Research (OPR) and the State Office of Housing and Community Development (HCD) by April 1st of each year. The purpose of the progress report is to provide information to the City Council to assess how the General Plan is being implemented. The report also provides State required information regarding the City’s progress in meeting its share of regional housing needs.

The General Plan 2023 APR (Attachment 2) describes major actions taken in 2023 to implement the General Plan according to City Council priorities. The APR is organized into four sections: 1) Introduction, 2) General Plan Status and Amendments, 3) Strategic Implementation Program, and 4) Housing Activity and Programs. Appendix A includes HCD forms for Housing Element 2023 reporting.
2023 Accomplishments by Department
Beaches, Parks, and Recreation
 Environmental review (CEQA) completed for Richard T. Steed Memorial Park Master Plan Update.
 Design for planned pickle ball court complex at Richard T. Steed Memorial Park initiated.  Continue implementation of recommendations from site-specific park master plan updates. 1 Meeting Date: March 19, 2024 Agenda Item: 10D

CITY OF SAN CLEMENTE
 Initiated a master plan update to the San Clemente Municipal Golf Course.  Pursued the development of the Vista Hermosa Sports Park designated recreation lease area with the release of an RFP and entered into an ENA with Salty Turf for the future development of a miniature golf course open to the public.
 Established a policy for Youth Sports Partnerships.
 Pursued and obtained over $17,000 in grants and funding for training for the lifeguards and Junior Lifeguard programs.
 Continued to monitor and provide sand measurement data for beach erosion, and worked with Public Works on Marine Safety relocation feasibility study.  Over 1,200 swimmers in distress were physically rescued by ocean lifeguards, over 22,000 visitors were proactively warned or advised of dangers by on-duty staff, and over 1,000 medical aids were performed.
 Continued to evaluate beach usage attendance trends and adjust lifeguard staffing accordingly. The current trend has been a population shift from the north end our City beaches towards the south due to eroded beaches in the north.
 Taught ocean safety through outreach and the Junior Lifeguard program.  As beach widths have narrowed with erosion, Marine Safety has adjusted use of vehicles to maintain low emergency response times. The number of full-sized Jeeps has been reduced from three to two, while use of smaller All Terrain Vehicles and watercraft has increased.

City Manager
 Hired a new City Manager.
 Hired a new Chief of Police Services.
 Acquired a new legal firm to provide City Attorney services, and ensured adherence to City Council direction to reduce legal costs.
 Created the North Beach Placemaking Plan to enhance the North Beach area and address issues of concern from beach users and residents.
 Hosted a Community Resource Fair in March 2023 with public agencies and partnering organizations that provide health and safety services focused on homelessness, mental health and special needs to the community.
2 Meeting Date: March 19, 2024 Agenda Item: 10D

CITY OF SAN CLEMENTE
 Organized the City’s response to bluff failures affecting buildings at the Casa Romantica Cultural Center, and private properties along Avenida Buena Vista to ensure safety of the residents and public.
 Conducted a Bike Safety Rodeo in June 2023 for children 5 years and older covering E-bike education & rules of the road.
 Developed, and received Council approval of, the Fiscal Year 2024 Budget.  Created, and hired for, a new Coastal Administrator position.  Acquired the services of contracted private security services to augment the City’s enforcement efforts in North Beach, Pier Bowl, and downtown areas.  Hosted a Community Meeting on Coastal Resiliency Concepts in September 2023.  Conducted a community workshop on residential sober living facilities, and conducted a listening session to hear the public’s concerns.
 Initiated the process to transition to district elections, hosting multiple public hearings and providing online tools for public engagement.
 Hosted a press conference to recognize the San Clemente Shoreline Sand Replenishment Project kickoff in December 2023.

Community Development
 Continued to roll-out and expand the electronic building permitting submittal and review system, while supporting over the counter permitting as needed.  Focused on new staff development and training for new building code cycle implementation.  Amended and adopted the 2022 California Building Code.  Continued work on the Local Coastal Program Implementation Plan, Categorical Exclusion update, Land Use Plan amendments, and provided staff support for shoreline monitoring, the Nature Based Coastal Resiliency Feasibility Study, and the sand replenishment program.  Completed State annual reporting for General Plan and Housing element Annual Progress Report (APR).
 Continued work to implement programs in the certified 2021-2029 Housing Element. This includes the drafting and public review of objective design standards to address state housing streamlining laws, required rezoning sites to provide for the Regional Housing Needs Assessment (RHNA), and worked with the Orange County Council of Governments (OCCOG) to obtain grant funded data and analysis for the Emergency Shelter Ordinance. These efforts and others are described further within the attached 2023 APR. 3 Meeting Date: March 19, 2024 Agenda Item: 10D

CITY OF SAN CLEMENTE
 Initiated new Historic Property Preservation Agreement (HPPA) inspection program and historic resources report survey.
 Adopted “streamlining” Zoning Code amendments to simplify and clarify permit procedures, adopt objective standards for staff-level architectural review, and change the decision level to reduce processing times for non-controversial projects.  Maintained the “Development Projects” map, available on the City’s website, to provide information about current planning projects to the public.  Facilitated community outreach and enforcement in coordination with OC Sheriff’s Department and the Park Ranger program addressing issues related to homelessness.  Assisted the Public Safety Committee in completion of their respective FY 2023 Work Plan, and Council-directed code amendments.
 Assisted the Human Affairs Committee in completion of their respective FY 2023 Work Plan.  Developed recommendations, based on Council direction, to enhance the Park Ranger program, for the Public Safety Committee’s subsequent consideration.  Coordinated the services of the City’s contracted private security to ensure effective assistance to the City’s enforcement efforts.

Public Works/ Utilities
 Completed Council Chambers construction at City Hall.  Completed Marine Safety Building relocation study.
 Completed pavement rehabilitation of 30 miles of City streets and alleys.  Completed Steed Park ballfield light project.
 Completed rehabilitation of Avenida Cabrillo, providing additional sidewalk access in the downtown.
 Started Phase 1 of U.S. Army Corps of Engineers Beach Sand Replenishment Program.  Completed installation of Flock Camera License Plate Readers.  Completed pedestrian bridge maintenance at Montalvo Canyon and Riviera design.  Completed Steed Park Pickle Ball construction.
 Completed Corto Lane Beach Access Rehabilitation design. 4 Meeting Date: March 19, 2024 Agenda Item: 10D

CITY OF SAN CLEMENTE
 Completed Police Parking and Emergency Generator design.  Improvements to utility infrastructure: Replacement and rehabilitation design continues on various reservoirs, pump stations and within the water, wastewater and storm drain systems.

Completed projects include: Ferric Tank, Ave. Pico Recycled Water Line Relocation, WRP Sluice Gate Replacements, La Pata Lift Station Wet Well Rehabilitation, sewer and storm drain system linings, WRP Electrical System Rehabilitation, WRP Security Gate, Installed Storm Drain Catch Basin Trash Capture Devices, Calle Vista Torito Storm Drain Repair and El Camino Real Storm Drain Upgrade.
 Continued evaluating Water Reclamation Plant efficiency opportunities to improve operation and reduce chemical and power use. Process is ongoing. One major improvement is to create flow equalization to improve blower optimization and lower power and chemical costs. The project is being developed with design anticipated in FY 2024.  Worked with customers to meet waste recycling and diversion requirements. CR&R and City staff increased outreach to residential, multi family, commercial and industrial customers.  Final design Phase II Recycled Water Expansion is completed for an expansion at Camino de Los Mares and Camino Vera Cruz. In addition, a Recycled Water Master Plan Update is being conducted by AKM Consulting Engineers to evaluate additional future expansion.

Status of State Regional Housing Needs Allocation
Updated to reflect 2023 housing development, the status of the City’s Regional Housing Needs Allocation (RHNA) is summarized below for the Housing Element Cycle (10/15/2021 to 10/15/2029). The RHNA information is further described in Attachment 2, Appendix A (Table B).  Total RHNA for the City is 982 dwelling units with 634 units for very low, low, and moderate income and 348 for above-moderate income.
 Housing construction from 10/15/2021 to 12/31/2023 is 231 units.  2023 construction: 25 Accessory Dwelling Units (1 very low income, 14 low income, and 10 moderate income) and 10 above-moderate single-family or duplex units.  Remaining RHNA for very low, low, and moderate income is 576 units.  Remaining RHNA for above-moderate income is 175 units.  Total remaining RHNA is 751 units.

Council Options:
 The City Council can approve the 2023 APR and direct staff to submit the report to the pertinent State offices.
 The City Council can continue the item to a special meeting and direct staff to provide additional information related to the 2023 APR. The report must be submitted to the State by April 1, 2024.
5 Meeting Date: March 19, 2024 Agenda Item: 10D

CITY OF SAN CLEMENTE
Environmental Review/Analysis:

The review, approval, and submission of the Annual Progress Report is not a project under the California Environmental Quality Act.

Recommended Actions:

Staff Recommendation
Adopt Resolution No. 24-39, which would:

1. Approve the 2023 General Plan Annual Progress Report; and

2. Direct staff to submit the 2023 APR to the State as required by law. ..recommendation
..end
Attachment:

1. Resolution No. 24-39

2. General Plan 2023 APR
Appendix A - Housing Reporting Data for 2023
Notification:

None required. Agenda description posted at City facilities. 6 ATTACHMENT 1
RESOLUTION NO. 24-39

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, APPROVING THE
GENERAL PLAN 2023 ANNUAL PROGRESS REPORT
WHEREAS, the State of California requires cities and counties to have an adopted General Plan to provide guidance on land use decisions; and WHEREAS, on February 4, 2014, the City Council approved the Centennial General Plan, dated February 2014, and certified the Final Environmental Impact Report (FEIR), State Clearinghouse (SCH) No. 2013041021, mitigation monitoring program, and statements of overriding consideration; and
WHEREAS, the City of San Clemente Centennial General Plan (“General Plan”) is the City’s comprehensive long-term policy document comprised of goals and policies for achieving San Clemente’s vision. The General Plan guides land use and physical development of the geographic area of the incorporated City limits; and WHEREAS, the General Plan contains the seven State-required elements and six additional elements, as follows: 1) Land Use; 2) Urban Design; 3) Historic Preservation; 4) Economic Development; 5) Mobility and Complete Streets; 6) Housing, 7) Beaches, Parks and Recreation; 8) Natural Resources; 9) Coastal; 10) Safety; 11) Public Services, Facilities and Utilities; 12) Growth Management; and 13) Governance; and
WHEREAS, each element of the General Plan has a set of goals and policies that are intended to achieve specific objectives. The City’s Strategic Implementation Program (SIP), updated each fiscal year, lists and prioritizes specific projects and ongoing programs or “Implementation Measures” that align with goals and policies in General Plan Elements, excluding Housing. For the Housing Element, implementation measures are included in a Housing Action Plan certified by the California Department of Housing and Community Development (HCD) with the Housing Element; and WHEREAS, California Government Code section 65400(a)(2)(A) requires the City to annually prepare a report regarding the status and progress in the implementation of the City’s General Plan and Housing Element; and WHEREAS, California Government Code section 65400(a)(2)(B) requires the City to include in the Annual Progress Report (APR) the City’s progress in meeting its share of regional housing needs; and
WHEREAS, California Code of Regulations, Title 25, Division 1, Chapter 6, sections 6200, et seq., requires the City to use the report forms and definitions adopted by the California Department of Housing and Community Development (HCD) to report on the status and progress implementing the City’s Housing Element; and
7 Resolution No. 24-39 Page 2
WHEREAS, California Government Code section 65400(a)(2)(F) requires the City to include in the report an assessment of the degree to which the General Plan complies with the guidelines developed and adopted pursuant to Section 65040.2 and the date of the last revision to the General Plan; and WHEREAS, California Government Code s ection 65400(a)(2) requires the City to submit the report to the Governor’s Office of Planning and Research (OPR) and HCD by April of each year; and
WHEREAS, the Planning Division determined in accordance with the California Environmental Quality Act (CEQA) that the General Plan 2023 Annual Progress Report (2023 APR) is not a project under the California Environmental Quality Act (CEQA). The APR is an informational report documenting progress towards implementing the General Plan and does not make decisions for City actions; and
WHEREAS, on March 19, 2024, the City Council of the City of San Clemente held a public meeting on the 2023 APR, considered written and oral comments, and facts and evidence presented by City staff, and other interested parties. The 2023 APR was included as Attachment 2 to the March 19, 2023 City Council staff report and is incorporated herein fully by this reference.

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

Section 1. Incorporation of Recitals.

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

Section 2. 2023 APR Findings.

Based on the foregoing recitals and findings above, and the written and oral comments, facts, and evidence presented, the City of San Clemente City Council, pursuant to Section 65400(a)(2) of the Government Code, has reviewed the 2023 APR and finds the 2023 APR:

A. Adequately assesses the status of the General Plan and Housing Element and its implementation;
B. Provides information regarding the City’s progress in meeting its share of regional housing needs;
C. Uses the forms and definitions adopted by HCD to report on the status and progress in implementing the City’s Housing Element;
D. Adequately assesses the degree to which the General Plan complies with the General Plan Guidelines; and
8 Resolution No. 24-39 Page 3
E. Accurately documents the date of the last revision to the General Plan.

Section 3. Approval and Submission of the 2023 APR
The City Council hereby approves of the 2023 APR as presented to the City Council on March 19, 2024. Pursuant to California Government Code section 65400(a)(2), City staff shall timely submit the 2023 APR to OPR and HCD.

Section 4. Certification.

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

ATTEST:
___________________________ __________________________
City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California
9 Resolution No. 24-39 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. 24-39 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
10 San Clemente General Plan
2023 Annual Progress Report
Prepared by:
Community Development Department
910 Calle Negocio, Suite 100
San Clemente, CA 92673
949Ͳ361Ͳ6100
Contact:
Adam Atamian
Community Development Director
March 2024
dd,D
EdϮ
11 San Clemente 2023 Annual Progress Report
i
Table of Contents
Section Page

1.0 Introduction....................................................................................................................... 1

2.0 General Plan Status and Amendments.............................................................................. 2

2.1Background on Centennial General Plan ............................................................................................ 2

2.2Amendment Requirements and Process............................................................................................ 2

2.3General Plan Amendments Adopted in 2023.................................................................................... 3

2.4Summary of General Plan Amendments ............................................................................................ 3

3.0 Strategic Implementation Program.................................................................................... 4

3.1Purpose and Update Process.............................................................................................................. 4

3.22023 Accomplishments by Department ............................................................................................. 5

4.0 Housing Activity and Programs .......................................................................................... ϴ

4.1Background on Housing Element........................................................................................................ϴ

4.2Activity on Applications, Permits, and Construction .......................................................................... 8

4.3Regional Housing Needs Allocation Progress (RHNA)........................................................................ϵ

4.4Sites Identified or Rezoned to Accommodate Housing Need............................................................ϭϬ

4.5Program Implementation Status .......................................................................................................ϭϬ

4.6Density Bonus ............................................................................................................................... .... 10

4.7Units Rehabilitated, Preserved and Acquired for Alternative Adequate Sites................................. 1ϭ

4.8Disposition of CityͲowned Properties on the Housing Element Sites Inventory .............................. 1ϭ

4.9Declared Surplus CityͲowned or Controlled Lands ......................................................................... 1ϭ Tables
Table 1General Plan Amendments......................................................................................................... 3 Table 2Adoption Dates for General Plan Elements ................................................................................. 4 Table 3Housing Activity Summary ...........................................................................................................ϵ Table 4RHNA Status for 6th Cycle ............................................................................................................. 9 Table 5Declared Surplus Sites................................................................................................................ 11 Appendices
Appendix AHousing Reporting Data for 2023...................................................................................... 12 12 San Clemente 2023 Annual Progress Report

1.0 INTRODUCTION
California Government Code Section 65400 requires the City to prepare an annual report on the status of the Centennial General Plan and progress in its implementation. The annual progress report must be presented to the City Council for review and acceptance, and then submitted to the Governor’s Office of Planning and Research (OPR) and the Housing and Community Development (HCD) by April 1st of each year. The purpose of the progress report is to provide information for the City Council to assess how the General Plan is being implemented. Also, the report provides State required information regarding the City’s progress in meeting its share of regional housing needs. The State has guidelines for preparing the progress report that are general to allow flexibility in the form and content of reports, based on the circumstances, resources, and constraints for each jurisdiction.
On February 4, 2014, the City Council adopted the Centennial General Plan, the City’s comprehensive longͲterm policy document comprised of goals and policies for achieving San Clemente’s vision. Since General Plan adoption, the City has made progress on the General Plan Strategic Implementation Program (SIP) that lists and prioritizes projects and ongoing programs to implement General Plan goals and policies, known as “Implementation Measures” (IMs). Housing IMs are identified and evaluated separately in the Housing Action Plan certified by HCD with the 2021Ͳ2029 Housing Element. This 6th cycle of the Housing Element ends on October 15, 2029.
This report provides a 2023 General Plan Annual Progress Report (“2023 APR”) to fulfill the State requirements. The document is organized in four sections.

Section Description

1. Introduction This section summarizes the purpose of the annual progress report.

2. General Plan Status
and Amendments.

This section provides background on the Centennial
General Plan, amendment requirements, and
amendments adopted in 2023.

3. Strategic
Implementation
Program.

This section describes the SIP and highlights major
actions taken in 2023 to make progress on goals and
policies in the General Plan.

4. Housing Activity and
Programs
This section provides background on the Housing
Element and summary of housing activity and programs
in 2023. Appendix A includes HCD APR forms for
Housing Element 2023 reporting
1 13
San Clemente 2023 Annual Progress Report

2.0 GENERAL PLAN STATUS AND AMENDMENTS

2.1Background on Centennial General Plan
The City’s Centennial General Plan was adopted in February 2014. The comprehensive longͲterm policy document is largely comprised of goals (what we want to achieve) and policies (how we accomplish these goals) for achieving San Clemente’s vision. It guides growth and development to achieve optimum results from the City's physical, economic, environmental and human resources. Per State law, General Plans are required to include seven elements (Land Use, Housing, Circulation, Noise, Safety, Open Space and Conservation). The organization of these seven elements, and any optional elements, are determined by the local jurisdiction. The Centennial General Plan is made up of thirteen elements: 1) Land Use; 2) Urban Design; 3) Historic Preservation; 4) Economic Development; 5) Mobility and Complete Streets; 6) Housing, 7) Beaches, Parks and Recreation; 8) Natural Resources; 9) Coastal; 10) Safety; 11) Public Services, Facilities and Utilities; 12) Growth Management; and 13) Governance. State law requires the Housing Element be updated in a cycle of at least every eight years, along with a Housing Action Plan for implementation of housing goals and policies. The most recent Housing Element, a midͲ term update, was approved by the City Council on October 10, 2017, and certified by the State on January 22, 2018. Similar to other jurisdictions, the City is in the process of pursuing State certification of a Housing Element update for 2023Ͳ2029.

Each element has a set of goals and policies that are intended to achieve specific objectives. Implementation measures for General Plan elements, other than Housing, are included in a Strategic Implementation Program (SIP). Housing implementation measures are included in the Housing Element Action Plan.

2.2Amendment Requirements and Process
Local governments are required to keep their General Plans current and internally consistent.

Although General Plans must be kept current, there is no specific requirement that a local government update its General Plan on a particular timeline, with the exception of the Housing Element that must be updated every eight years. Municipal Code Section 17.16.020 establishes procedures for the initiation of processing requests for a General Plan amendment. These procedures require that a General Plan amendment be initiated by either: 1) a majority vote of the City Council, or 2) the submittal of an application from a property owner or agent. Once initiated, the General Plan amendment and related environmental document is considered by the Planning Commission and a recommendation is made to the City Council via resolution. The City Council takes final action at a public hearing. California Government Code Section 65358 allows required General Plan elements to be amended up to four times in a calendar year. 2 14
San Clemente 2023 Annual Progress Report

2.3General Plan Amendments Adopted in 2023
In 2023, no General Plan Amendments (GPA) were adopted.

2.4Summary of General Plan Amendments
Table 1 below presents a summary of General Plan amendments adopted up to December 31, 2023. Table 2 on the next page identifies the adoption dates for each of the General Plan elements. The General Plan as amended through 2023 complies with State General Plan guidelines to a high degree. The following information is provided consistent with the requirements of Government Code Section 65400(a)(2)(F). Table 1 – General Plan Amendments (as of December 31, 2023)1 Adoption
Date
Amendment
No.

Resolution
No. Project Name
11Ͳ1Ͳ22 22Ͳ097 22Ͳ40 Senior Housing and Medical Office 10Ͳ18Ͳ22 21Ͳ238 22Ͳ39 West Pico Corridor Specific Plan Update and Architectural Overlay Expansion
9Ͳ20Ͳ22 20Ͳ036 22Ͳ36 Housing Element and Safety Element Updates 2Ͳ16Ͳ21 20Ͳ011 21Ͳ03 Roadway Systems Update
12Ͳ17Ͳ19 19Ͳ291 19Ͳ56 Pier Bowl Specific Plan Update
10Ͳ10Ͳ17 17Ͳ261 17Ͳ33 Housing Element MidͲterm Update 2013Ͳ2023 9Ͳ5Ͳ17 15Ͳ331 17Ͳ29 Housing Element 2013Ͳ2023 and Amendment to Emergency Shelter Overlay
12Ͳ20Ͳ16 16Ͳ374 16Ͳ75 CleanͲup Edits
10Ͳ18Ͳ16 16Ͳ319 16Ͳ64 Emergency Shelter Overlay
5Ͳ23Ͳ16 16Ͳ002 16Ͳ13 Freeway Oriented Signs and Sign Exceptions 1Ͳ19Ͳ16 15Ͳ427 16Ͳ03 Camino De Los Mares Medical Zones 11Ͳ3Ͳ15 15Ͳ049 15Ͳ47,
15Ͳ48
Clarifications, Land Use Changes, and Addendum No.
1 to General Plan Final Environmental Impact Report
8Ͳ19Ͳ14 14Ͳ123 14Ͳ34 Emergency Shelter Overlay to
Implement State law SB2
1 On February 4, 2014, the City adopted the Centennial General Plan (General Plan Amendment 13Ͳ043) via Resolution 14Ͳ01.
3 15
San Clemente 2023 Annual Progress Report
Table 2 – Adoption Dates for General Plan Elements (as of December 31, 2023) General Plan Element Adoption
Date
Amendment
No.

Resolution
No.

Land Use 11Ͳ1Ͳ22 22Ͳ097 22Ͳ40
Urban Design 11Ͳ3Ͳ15 15Ͳ049 15Ͳ47,15Ͳ48
Historic Preservation 2Ͳ14Ͳ14 13Ͳ043 14Ͳ01
Economic Development 2Ͳ14Ͳ14 13Ͳ043 14Ͳ01
Mobility and Complete Streets 2Ͳ14Ͳ14 13Ͳ043 14Ͳ01
Housing 9Ͳ20Ͳ22 20Ͳ036 22Ͳ36
Beaches, Parks and Recreation 11Ͳ3Ͳ15 15Ͳ049 15Ͳ47,15Ͳ48 Natural Resources 2Ͳ14Ͳ14 13Ͳ043 14Ͳ01
Coastal 11Ͳ3Ͳ15 15Ͳ049 15Ͳ47,15Ͳ48
Safety 10Ͳ5Ͳ21 20Ͳ036 21Ͳ40
Public Services, Facilities and Utilities 11Ͳ3Ͳ15 15Ͳ049 15Ͳ47,15Ͳ48 Growth Management 2Ͳ16Ͳ21 20Ͳ011 21Ͳ03
Governance 11Ͳ3Ͳ15 15Ͳ049 15Ͳ47,15Ͳ48

3.0 STRATEGIC IMPLEMENTATION PROGRAM

3.1Purpose and Update Process
Since General Plan adoption, the City has made progress on the General Plan Strategic Implementation Program (SIP) that lists and prioritizes projects and ongoing programs to implement General Plan goals and policies, known as “Implementation Measures” (IMs). Housing IMs are listed and evaluated separately in the Housing Action Plan. The SIP describes and ties implementation measures to elements and policies, and identifies the status, priority, and lead department for each action item.Annually, City departments review IMs they are responsible for, provide a status update and summary of accomplishments, and provide recommendations on which IMs to address in the following year. Additionally, departments may recommend SIP changes based on a review of resources, workload, prior Council direction, community need and interest, opportunities for efficiencies, and other criteria. The City annually updates the SIP with the budget for the next fiscal year to:
• Ensure the General Plan responds to changing needs and conditions, and to commit resources to the community’s longͲterm vision;
• Evaluate progress towards goals by reviewing the status of IMs underway or completed; • Determine IMs to implement in the next fiscal year;
• Identify department or entity to lead and/or help carry out IMs.

Below is a summary of 2023 accomplishments toward implementing the General Plan according to the Strategic Implementation Program. The current SIP is on the City’s website at this link. 4 16
San Clemente 2023 Annual Progress Report

3.22023 Accomplishments by Department
Beaches, Parks, and Recreation
x Environmental review (CEQA) completed for Richard T. Steed Memorial Park Master Plan Update.
x Design for planned pickle ball court complex at Richard T. Steed Memorial Park initiated. x Continue implementation of recommendations from siteͲspecific park master plan updates.
x Initiated a master plan update to the San Clemente Municipal Golf Course. x Pursued the development of the Vista Hermosa Sports Park designated recreation lease area with the release of an RFP and entered into an ENA with Salty Turf for the future development of a miniature golf course open to the public. x Established a policy for Youth Sports Partnerships.
x Pursued and obtained over $17,000 in grants and funding for training for the lifeguards and Junior Lifeguard programs.
x Continued to monitor and provide sand measurement data for beach erosion, and worked with Public Works on Marine Safety relocation feasibility study. x Over 1,200 swimmers in distress were physically rescued by ocean lifeguards, over 22,000 visitors were proactively warned or advised of dangers by onͲduty staff, and over 1,000 medical aids were performed.
x Continued to evaluate beach usage attendance trends and adjust lifeguard staffing accordingly. The current trend has been a population shift from the north end our City beaches towards the south due to eroded beaches in the north. x Taught ocean safety through outreach and the Junior Lifeguard program. x As beach widths have narrowed with erosion, Marine Safety has adjusted use of vehicles to maintain low emergency response times. The number of fullͲsized Jeeps has been reduced from three to two, while use of smaller All Terrain Vehicles and watercraft has increased.

City Manager
x Hired a new City Manager.
x Hired a new Chief of Police Services.
x Acquired a new legal firm to provide City Attorney services, and ensured adherence to Council direction to reduce legal costs.
x Created the North Beach Placemaking Plan to enhance the North Beach area and address issues of concern from beach users and residents.
x Hosted a Community Resource Fair in March 2023 with public agencies and partnering organizations that provide health and safety services focused on homelessness, mental health and special needs to the community.
x Organized the City’s response to bluff failures affecting buildings at the Casa Romantica Cultural Center, and private properties along Avenida Buena Vista to ensure safety of the residents and public.
5 17
San Clemente 2023 Annual Progress Report
x Conducted a Bike Safety Rodeo in June 2023 for children 5 years and older covering EͲbike education & rules of the road.
x Developed, and received Council approval of, the Fiscal Year 2024 Budget. x Created, and hired for, a new Coastal Administrator position. x Acquired the services of contracted private security services to augment the City’s enforcement efforts in North Beach, Pier Bowl, and downtown areas. x Hosted a Community Meeting on Coastal Resiliency Concepts in September 2023. x Oversaw the initial creation of a new Public Safety Department. x Conducted a community workshop on residential sober living facilities, and conducted a listening session to hear the public’s concerns.
x Initiated the process to transition to district elections, hosting multiple public hearings and providing online tools for public engagement.
x Hosted a press conference to recognize the San Clemente Shoreline Sand Replenishment Project kickoff in December 2023.

Community Development
x Continued to rollͲout and expand the electronic building permitting submittal and review system, while supporting over the counter permitting as needed. x Focused on new staff development and training for new building code cycle implementation.
x Amended and adopted the 2022 California Building Code. x Continued work on the Local Coastal Program Implementation Plan, Categorical Exclusion update, Land Use Plan amendments, and provided staff support for shoreline monitoring, the Nature Based Coastal Resiliency Feasibility Study, and the sand replenishment program.
x Completed State annual reporting for General Plan and Housing element Annual Progress Report (APR).
x Continued work to implement programsin the certified 2021Ͳ2029 Housing Element. This includes the drafting and public review of objective design standards to address state housing streamlining laws, required rezoning sites to provide for the Regional Housing Needs Assessment (RHNA), and worked with the Orange County Council of Governments (OCCOG) to obtain grant funded data and analysis for the Emergency Shelter Ordinance.

These efforts and others are described further within the attached 2023 APR. x Initiated new Historic Property Preservation Agreement (HPPA) inspection program and historic resources report survey.
x Adopted “streamlining” Zoning Code amendments to simplify and clarify permit procedures, adopt objective standardsforstaffͲlevel architectural review, and change the decision level to reduce processing times for nonͲcontroversial projects. x Maintained the “Development Projects” map, available on the City’s website, to provide information about current planning projects to the public. x Facilitated community outreach and enforcement in coordination with OC Sheriff’s Department and the Park Ranger program addressing issues related to homelessness. x Assisted the Public Safety Committee in completion of theirrespective FY 2023 Work Plan, and CouncilͲdirected code amendments.
6 18
San Clemente 2023 Annual Progress Report
x Assisted the Human Affairs Committee in completion of their respective FY 2023 Work Plan.
x Developed recommendations, based on Council direction, to enhance the Park Ranger program, for the Public Safety Committee’s subsequent consideration. x Coordinated the services of the City’s contracted private security to ensure effective assistance to the City’s enforcement efforts.

Public Works
x Completed Council Chambers construction at City Hall. x Completed Marine Safety Building relocation study.
x Completed pavement rehabilitation of 30 miles of City streets and alleys. x Completed Steed Park ballfield light project.
x Completed rehabilitation of Avenida Cabrillo, providing additional sidewalk access in the downtown.
x Started Phase 1 of U.S. Army Corps of Engineers Beach Sand Replenishment Program. x Completed installation of Flock Camera License Plate Readers. x Completed pedestrian bridge maintenance at Montalvo Canyon and Riviera design. x Completed Steed Park Pickle Ball construction.
x Completed Corto Lane Beach Access Rehabilitation design. x Completed Police Parking and Emergency Generator design. x Improvements to utility infrastructure: Replacement and rehabilitation design continues on various reservoirs, pump stations and within the water, wastewater and storm drain systems. Completed projects include: Ferric Tank, Ave. Pico Recycled Water Line Relocation, WRP Sluice Gate Replacements, La Pata Lift Station Wet Well Rehabilitation, sewer and storm drain system linings, WRP Electrical System Rehabilitation, WRP Security Gate, Installed Storm Drain Catch Basin Trash Capture Devices, Calle Vista Torito Storm Drain Repair and El Camino Real Storm Drain Upgrade.
x Continued evaluating Water Reclamation Plant efficiency opportunities to improve operation and reduce chemical and power use. Process is ongoing. One major improvement is to create flow equalization to improve blower optimization and lower power and chemical costs. The project is being developed with design anticipated in FY 2024.
x Worked with customers to meet waste recycling and diversion requirements. CR&R and City staff increased outreach to residential, multi family, commercial and industrial customers.
x Final design Phase II Recycled Water Expansion is completed for an expansion at Camino de Los Mares and Camino Vera Cruz. In addition, a Recycled Water Master Plan Update is being conducted by AKM Consulting Engineers to evaluate additional future expansion. 7 19
San Clemente 2023 Annual Progress Report

4.0 HOUSING ACTIVITY AND PROGRAMS

4.1Background on Housing Element
The Housing Element was last adopted in 2023 for the 2021Ͳ2029 planning period.State law requires the preparation of a Housing Element as part of a jurisdiction's General Plan (Government Code Section 65302(c)). It is the primary planning guide for local jurisdictions to identify and prioritize the housing needs of the City and determine waysto best meetthese needs while balancing community objectives and resources. The 2023 Housing Element consists of five chapters, including: 1) Introduction; 2) Needs Assessment; 3) Housing Constraints, 4) Housing Resources, and 5) Housing Action Plan; and the Appendices. Guidelines adopted by HCD are also considered in the preparation of the Housing Element (Section 65585). Periodic review of the Housing Element is required to evaluate:

1. The appropriateness of its goals, objectives and policies in contributing to the attainment of the state housing goals;

2. The element’s effectiveness in attaining the City’s housing goals and objectives; and

3. The progress of the element’s implementation (Section 65588). Implementation programs are in the Housing Action Plan of the certified Housing Element. Progress in meeting the State Regional Housing Need Allocation (RHNA) and implementing programs in the Housing Action Plan is detailed in Appendix A and summarized below.

The goals of the Housing Action Plan are to:

1. Provide adequate opportunities of new housing for persons at all economic levels as well as those with special needs by ensuring that the General Plan and Zoning Ordinance designate sufficient land at appropriate densities and in appropriate locations to accommodate the City’s share of regional housing needs, and

2. Create adequate opportunities for housing by facilitating the production of highͲquality affordable housing for lower income through inclusionary housing, incentives, direct financial assistance, and administrative support.

4.2Activity on Housing Applications, Permits, and Construction Table 3 is a summary of Appendix A information on 2023 housing activity for applications received (building permits and entitlements), entitlements, issued building permits, and finaled constructed units. Refer to Appendix A Tables A and A2 for a detailed inventory. Activity on housing units vary in terms of the steps completed to obtain permits and complete construction.

For example, a project could be initiated and completed in the same calendar year or portion of the development process can start in a calendar year and extend into the next APR. 8 20
San Clemente 2023 Annual Progress Report
Table 3 – 2023 Housing Unit Activity
Income Level Proposed Units
ͲApplications
Entitled
Units
Units Issued
Permits
Constructed
Units
Very Low 8 0 1 1
Low 19 7 14 11
Moderate 20 9 10 8
Above Moderate 12 9 10 166
Total Units 59 25 35 186
Note: Extremely lowͲincome households are served by veryͲlow income units.

4.3Regional Housing Needs Allocation (RHNA) Progress Progress on the State Regional Housing Needs Allocation is based on issued permits in a calendar year, not on units constructed. Refer to Appendix A, Table B for an annual accounting of RHNA progress for the 6th cycle Housing Element planning period from 10/15/2021 to 10/15/2029.

Table 4 on the next page is a summary of the status of the City’s RHNA by income category based on 2023 permitting activity.
Table 4 – RHNA Status for 6th Cycle – 10/15/21 to 10/15/29 Income Level
RHNA
Allocation
by
Income
Level
2021Ͳ22 2023 Total units
to date
Remaining
RHNA by
Income
Level
Very Low Deed Restricted
282
0 0
NonͲDeed 1 281
Restricted
0 1
Low Deed Restricted
164
0 0
14 150 NonͲDeed
Restricted
0 14
Moderate Deed Restricted
188
0 0
NonͲDeed 43 145
Restricted 33 10
Above
Moderate 348 163 10 173 175
Total RHNA credit 982
Total Units 196 35 231 751
9 21
San Clemente 2023 Annual Progress Report

4.4Sites Identified or Rezoned to Accommodate Housing Need There are adequate sitesto meet the City’sremaining RHNA for each income category so no sites need to be added to meet no net loss State requirements. As a result, Table C in Appendix A is blank.

4.5Program Implementation Status
The Housing Action Plan includes 17 programs listed below. Table D of Appendix A provides the 2023 status of program implementation. In addition to reoccurring program activities, in 2023 the City completed an evaluation of the inclusionary housing program (Program 5) and adopted an update the Housing Element with State certification pending.

1. Provide Adequate Sites and Monitoring for No Net Loss 2A. ByͲRight Approval for Projects with 20 Percent Affordable Units 2B. SB 35 Streamlining for Projects with Affordable Units

3. Lot Consolidation

4. Density Bonus Ordinance.

5. Affordable Housing Overlay

6. Inclusionary Housing Program

7. Affordable Housing Development

8. Accessory Dwelling Units (ADUs)

9. Pursue Funding Sources and Programs

10. Acquisition and Conversion of MarketͲRate Housing to Affordable Housing

11. Sustainable Policies

12. Affirmatively Furthering Fair Housing

13. Social Services Grant Program

14. Zoning Ordinance Amendments

15. Monitoring of Emergency Shelter Overlay

16. Neighborhood Revitalization Program

17. Preserve AtͲRisk Housing

4.6Density Bonus
In November 2023, the City approved a density bonus for an affordable housing project, Calvada Mixed Use, at 1502 South El Camino Real. The project includes 10 apartments: 9 aboveͲmoderate income units and one lowͲincome unit.With the inclusion of a lowͲincome unit, the project qualified for an alley setback reduction according to density bonus state law. The project itself met the density limit of the zone.This project is included in Table E, Appendix A. 10 22
San Clemente 2023 Annual Progress Report

4.7Units Rehabilitated, Preserved and Acquired for Alternative Adequate Sites In 2023, there were no dwelling units counted toward RHNA that were substantially rehabilitated, converted from nonͲaffordable to affordable by acquisition, and preserved, including mobilehome park preservation, consistent with the standards set forth in Government Code section 65583.1, subdivision (c). As a result, Table F in Appendix A is blank that is optional.

4.8Disposition of CityͲowned Properties on the Housing Element Sites Inventory The City does not own properties listed in the Housing Element Sites Inventory so Table G in Appendix A is blank. Government Code section 65400.1 requires jurisdictions to list sites in APR Table G that are owned by a locality, included in the housing element sites inventory, and were sold, leased, or otherwise disposed of during the reporting year. The listing of sites must include the entity to whom the site was transferred, and the intended use of the site.

4.9Declared Surplus CityͲowned or Controlled Lands The City has declared four of its properties as “surplussites”, defined in Government Code section 54221(b), that are owned in fee and unnecessary for the City’s use. The properties are identified in Table 5 below and in Appendix A, Table H. Government Code section 54230 requires localities to create an inventory of surplus lands, and lands in excess of its foreseeable needs, if any, pursuant to Section 50569. Surplus sites are located in a jurisdiction’s urbanized areas and urban clusters, as designated by the United States Census Bureau, that the jurisdiction owns or controls.

The entirety of San Clemente is designated as an urbanized area. Table 5 – Declared Surplus Sites
APN
Street
Address/Intersection
Existing
Use
Number
of Units
Surplus
Designation
Parcel Size
(in acres)
678Ͳ163Ͳ01 Avenida La Pata/West
Avenida Vista Hermosa
VacantN/A Surplus Land 2.29
690Ͳ372Ͳ03 754 Avenida Acapulco VacantN/A Surplus Land 0.17 690Ͳ012Ͳ01 100 Avenida Presidio VacantN/A Surplus Land 2.89 690Ͳ012Ͳ02 100 Avenida Presidio VacantN/A Surplus Land 1.82 11 23

APPENDIX A
Housing Element 2023 Annual Progress Report
This appendix includes 2023 reporting data on implementation of the certified 2021Ͳ2029 Housing Element MidͲterm Update for the 6th cycle (10/15/2021 to 10/15/2029)
12 24
Jurisdiction San Clemente
Reporting Year 2023Housing Element Planning Period 6th Cycle Current Year
Deed Restricted 0
Non-Deed Restricted 1Deed Restricted 0Non-Deed Restricted 14Deed Restricted 0Non-Deed Restricted 10 1035
Units by Structure Type Entitled Permitted CompletedSingle-family Attached 0 0 0Single-family Detached 0 4 122 to 4 units per structure 0 6 45+ units per structure 10 0 150Accessory Dwelling Unit 15 25 20Mobile/Manufactured Home 0 0 0Total 25 35 186Infill Housing Developments and Infill Units Permitted # of Projects Units 0000
Total UnitsNote: Units serving extremely low-income households are included in the very low-income permitted units totals Above Moderate
Indicated as InfillNot Indicated as Infill
Building Permits Issued by Affordability Summary
Income Level
(Jan. 1 - Dec. 31)
10/15/2021 - 10/15/2029
Very Low
Low
Moderate
13 25
57 5926
0 00
Housing Applications SummaryTotal Housing Applications Submitted:Number of Proposed Units in All Applications Received:Total Housing Units Approved:Total Housing Units Disapproved:Use of SB 35 Streamlining Provisions - ApplicationsNumber of SB 35 Streamlining ApplicationsNumber of SB 35 Streamlining Applications Approved 14 26
Jurisdiction San Clemente ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Year 2023 (Jan. 1 - Dec. 31) Housing Element ImplementationPlanning Period 6th Cycle 10/15/2021 - 10/15/2029 Date
Application
Submitted
Total
Approved
Units by
Project
Total
Disapproved
Units by
Project
Streamlining Application Status Project Type Notes
2 34 6 7 8 9 11 12 13
Prior APN+ Current APN Street Address Project Name+ Local Jurisdiction Tracking ID Unit Category (SFA,SFD,2 to 4,5+,ADU,MH) Tenure R=Renter O=Owner Date Application Submitted (see instructions) Very Low- Income Deed Restricted Very Low- Income Non Deed Restricted Low-Income Deed Restricted Low-Income Non Deed Restricted Moderate- Income Deed Restricted Moderate- Income Non Deed Restricted Above Moderate- Income Total PROPOSED Units by Project Total APPROVED Units by project Total DISAPPROVED Units by Project Please select
streamlining
provision/s the
application was
submitted pursuant
to.

Did the housing
development
application seek
incentives or
concessions
pursuant to
Government Code
section 65915?
Were incentives
or concessions
reqested
pursuant to
Government
Code section
65915 approved?
Please indicate
the status of the
application.

Is the project
considered a
ministerial
project or
discretionary
project?
Notes+
Summary Row: Start Data Entry Below 0 8 0 19 0 20 12 59 26 0 057-033-21 1316 AVENIDA DE LA

ESTRELLA
IC23-342 ADU R 10/16/2023 1 1 1 None No No Approved Ministerial 057-061-12 239 AVENIDA LA CUESTA CHP23-318 ADU R 09/21/2023 1 1 1 None No No Approved Discretionary057-081-25 111 AVENIDA PATERO DE ORO B
B23-1951 ADU R 8/1/2023 1 1 1 None No No Approved Ministerial 057-091-15 0 AVENIDA DE LA PAZ B23-2514 ADU R 10/17/2023 1 1 1 None No No Approved Ministerial057-142-40 602 AVENIDA DE LA

ESTRELLA B
B23-2150 ADU R 8/29/2023 1 1 1 None No No Approved Ministerial 057-142-40 602 AVENIDA DE LA

ESTRELLA C
B23-2158 ADU R 8/30/2023 1 1 1 None No No Approved Ministerial 057-161-04 1401 AVENIDA DE LA

ESTRELLA
B23-2938 ADU R 12/21/2023 1 1 None No No Approved Ministerial 057-161-08 167 CALLE REDONDEL IC23-310 ADU R 09/13/2023 1 1 None No No Pending Ministerial057-234-36 412 Avenida Salvador B23-2114 SFD O 8/23/2023 1 1 None No No Pending Ministerial 058-092-30 121 AVENIDA ROSA B B23-2515 ADU R 10/17/2023 1 1 None No No Approved Ministerial058-122-12 215 AVENIDA MIRAMAR B23-2807 ADU R 11/29/2023 1 1 None No No Pending Ministerial060-031-07 102 E AVENIDA SAN

GABRIEL A
B23-1480 ADU R 6/6/2023 1 1 None No No Pending Ministerial 060-031-07 102 E AVENIDA SAN

GABRIEL B
B23-1481 ADU R 6/6/2023 1 1 None No No Pending Ministerial 060-064-12 413 E AVENIDA

MAGDALENA
B23-2671,
ADU23-387
ADU R 11/06/2023 1 1 1 None No No Approved Ministerial
060-093-47 3215 S EL CAMINO REAL B23-0044 SFD O 1/5/2023 1 1 None No No Pending Ministerial060-093-47 3213 S EL CAMINO REAL B23-0052 ADU R 1/5/2023 1 1 None No No Pending Ministerial060-093-47 3215 S EL CAMINO REAL B B23-0159 ADU R 1/19/2023 1 1 None No No Pending Ministerial060-093-47 3213 S EL CAMINO REAL B B23-0160 ADU R 1/19/2023 1 1 None No No Pending Ministerial060-122-27 116 AVENIDA CALAFIA 101 B23-0105 ADU R 1/12/2023 1 1 1 None No No Approved Ministerial060-303-20 7 VIA JAZMIN IC23-395 ADU R 11/08/2023 11 1 None No No Approved Ministerial 675-174-33 15 MADRIGAL B23-2682 ADU R 11/9/2023 1 1 None No No Pending Ministerial 680-041-15 617 AVENIDA VAQUERO B B23-0946 ADU R 4/11/2023 1 1 1 None No No Approved Ministerial680-211-12 619 CALLE JUAREZ B B23-0261 ADU R 2/1/2023 1 1 None No No Pending Ministerial690-101-36 437 CALLE EMPALME B23-0725 ADU R 3/23/2023 1 1 1 None No No Approved Ministerial690-192-02 401 E AVENIDA SAN JUAN B23-2921 ADU R 12/18/2023 1 1 None No No Pending Ministerial690-431-25 223 E AVENIDA RAMONA B23-0144 ADU R 1/18/2023 1 1 1 None No No Approved Ministerial691-294-05 2703 VIA LADO B23-0104, IC22- 245 ADU R 1/12/2023 1 1 1 None No No Approved Ministerial 691-434-54 117 VIA BELLAS ARTES B23-0900 ADU R 4/6/2023 1 1 1 None No No Approved Ministerial 691-434-54 117 VIA BELLAS ARTES C B23-1450 ADU R 6/2/2023 1 1 1 None No No Approved Ministerial692-063-38 227 W EL PORTAL B23-0331 2 to 4 R 2/10/2023 2 22 None No No Approved Ministerial 692-082-25 227 W CANADA 4 B23-1004 ADU R 4/17/2023 1 1 None No No Pending Ministerial 692-091-04 238 W MARIPOSA B23-1544 ADU R 6/14/2023 1 1 None No No Pending Ministerial692-102-04 208 AVENIDA SIERRA B B23-1817 ADU R 7/13/2023 1 1 None No No Pending Ministerial692-113-03 239 AVENIDA PELAYO 7 B23-2804, IC21- 315 ADU R 1/12/2023 1 1 1 None No No Approved Ministerial Table A
Cells in grey contain auto-calculation formulas
5 1
Project Identifier Unit Types Proposed Units - Affordability by Household Incomes Density Bonus Law Applications 10 Housing Development Applications Submitted
15 27
-
I
I
I
Date
Application
Submitted
Total
Approved
Units by
Project
Total
Disapproved
Units by
Project
Streamlining Application Status Project Type Notes
2 34 6 7 8 9 11 12 13
Prior APN+ Current APN Street Address Project Name+ Local Jurisdiction Tracking ID Unit Category (SFA,SFD,2 to 4,5+,ADU,MH) Tenure R=Renter O=Owner Date Application Submitted (see instructions) Very Low- Income Deed Restricted Very Low- Income Non Deed Restricted Low-Income Deed Restricted Low-Income Non Deed Restricted Moderate- Income Deed Restricted Moderate- Income Non Deed Restricted Above Moderate- Income Total PROPOSED Units by Project Total APPROVED Units by project Total DISAPPROVED Units by Project Please select
streamlining
provision/s the
application was
submitted pursuant
to.

Did the housing
development
application seek
incentives or
concessions
pursuant to
Government Code
section 65915?
Were incentives
or concessions
reqested
pursuant to
Government
Code section
65915 approved?
Please indicate
the status of the
application.

Is the project
considered a
ministerial
project or
discretionary
project?
Notes+
Summary Row: Start Data Entry Below 0 8 0 19 0 20 12 59 26 0 Table A
5 1
Project Identifier Unit Types Proposed Units - Affordability by Household Incomes Density Bonus Law Applications 10 Housing Development Applications Submitted
692-122-38 1500 BUENA VISTA B23-1809 2 to 4 R 7/12/2023 2 2 None No No Pending Ministerial 692-142-11 155 TRAFALGAR LN B23-2899, IC23-
065 ADU R 02/09/2023 1 1 None No No Pending Ministerial 692-151-04 147 AVENIDA BARCELONA IC23-466 ADU R 12/15/2023 1 1 None No No Pending Ministerial 692-151-52 155 AVENIDA BARCELONA
B
B23-2795, IC23-
155 ADU R 05/04/2023 1 1 None No No Pending Ministerial 692-171-01 1407 S OLA VISTA B B23-1503, IC23-
133 ADU R 04/13/2023 1 1 1 None No No Approved Ministerial 692-172-03 1505 S OLA VISTA IC23-192 ADU R 06/01/2023 1 1 None No No Pending Ministerial 692-211-43 1611 S OLA VISTA IC23-396 ADU R 11/08/2023 11 1 None No No Approved Ministerial 692-221-28 220 W AVENIDA VALENCIA B23-2546, IC23-
111 ADU R 03/23/2023 1 1 1 None No No Approved Ministerial 692-231-23 222 W AVENIDA CORDOBA B23-2737 ADU R 11/17/2023 1 1 None No No Pending Ministerial692-232-15 1304 S OLA VISTA IC23-281 ADU R 08/16/2023 11 1 None No No Approved Ministerial 692-261-09 340 W PASEO DE
CRISTOBAL IC23-280 ADU R 08/16/2023 1 1 1 None No No Approved Ministerial 692-264-03 247 LA RAMBLA B B23-2792 ADU R 11/28/2023 1 1 None No No Pending Ministerial 692-293-25 219 CALLE SERENA B23-0930, IC23-
082 ADU R 03/02/2023 1 1 1 None No No Approved Ministerial 692-301-03 229 CALLE PRIMAVERA B23-2223 ADU R 9/11/2023 1 1 None No No Pending Ministerial692-301-03 224 CALLE ROCA VISTA IC23-227 ADU R 06/29/2023 1 1 None No No Pending Ministerial 692-311-20 229 W AVENIDA SAN
ANTONIO B23-2068 SFD R 8/16/2023 1 1 None No No Pending Ministerial 692-311-20 231 W AVENIDA SAN
ANTONIO B23-2069 SFD R 8/16/2023 1 1 None No No Pending Ministerial 692-312-38 1702 S OLA VISTA IC23-042 ADU R 01/26/2023 11 1 None No No Approved Ministerial 692-361-06 153 AVENIDA FLORENCIA IC23-193 ADU R 06/01/2023 1 1 None No No Pending Ministerial 692-361-07 132 AVENIDA DEL REPOSO B23-1243 SFD O 5/9/2023 1 1 None No No Pending Ministerial701-041-40 120 CALLE AMISTAD B23-0757 ADU R 3/27/2023 1 1 None No No Pending Ministerial701-341-01 120 CRISTIANITOS RD B23-0758 ADU R 3/27/2023 1 1 None No No Pending Ministerial701-363-04 31 CALLE AVEITUNA B B23-0490 ADU R 3/1/2023 1 1 1 None No No Approved Ministerial 16 28
-
I
I
I
Table A2
23 56
Prior APN+ Current APN Street Address Project Name+ Local Jurisdiction Tracking ID Unit Category (SFA,SFD,2 to 4,5+,ADU,MH) Tenure R=Renter O=Owner Very Low- Income Deed Restricted Very Low- Income Non Deed Restricted Low- Income Deed Restricted Low- Income Non Deed Restricted Moderate- Income Deed Restricted Moderate- Income Non Deed Restricted Above Moderate- Income Entitlement Date Approved # of Units issued Entitlements Summary Row: Start Data Entry Below 0 0 1 6 0 9 9 25
057-062-26 170 AVENIDA DE LA PAZ B19-2364 SFD O 0057-091-20 149 AVENIDA CABALLEROS B21-1888 SFD O 0057-091-22 151 AVENIDA CABALLEROS B21-1890 SFD O 0057-095-01 143 N La Esperanza B19-0229 SFD O 0 057-153-17 115 E EL PORTAL B B22-1485 ADU R 0
057-162-03 1501 AVENIDA DE LA ESTRELLA C B22-1505 ADU R 0057-222-02 513 AVENIDA PRESIDIO B21-0555 SFD O 0 058-051-64 145 W Canada B19-0613 SFD O 0
058-051-64 145 W Canada B B19-0614 ADU R 0
058-052-41 103 W ESCALONES C B21-0970 ADU R 0058-073-14 123 AVENIDA SERRA C B21-0103 ADU R 0058-091-15 142 AVENIDA ROSA B22-0186 2 to 4 R 0 058-091-43 130 AVENIDA ROSA B22-1885 2 to 4 R 0058-104-03 229 AVENIDA MONTEREY B22-1742 2 to 4 R 0058-104-03 229 AVENIDA MONTEREY C B22-1829 ADU R 0 058-113-67 259 AVENIDA GRANADA B22-1941 ADU R 0058-121-26 224 AVENIDA MIRAMAR C B22-0498 ADU R 0058-121-26 224 AVENIDA MIRAMAR B B22-1403 ADU R 0060-064-12 413 E AVENIDA MAGDALENA B23-2671, ADU23-38 ADU R 1 11/06/2023 1060-122-27 116 AVENIDA CALAFIA 101 B23-0105 ADU R 0060-271-03 227 CALLE CAMPESINO B B22-1469 ADU R 0060-281-34 3820 Calle Tiara B20-0622 SFD O 0 060-303-20 7 VIA JAZMIN IC23-395 ADU R 1 12/12/2023 1
675-194-07 4005 Calle Bienvenido B18-2303 SFD O 0
680-041-15 617 AVENIDA VAQUERO B B23-0946 ADU R 0
680-152-01 305 VIA CHUECA B B20-2463 ADU R 0680-241-05 2872 VIA BELLOTA B20-1943 SFD O 0 680-461-04 3164 INCLINADO B B20-2212 ADU R 0
690-081-05 1206 Via La Mesa B15-2831 SFD O 0
690-095-07 401 CALLE FIESTA B22-0313 ADU R 0
690-101-36 437 CALLE EMPALME B23-0725 ADU R 0690-201-28 203 E AVENIDA RAMONA B B21-2320 ADU R 0690-445-20 15 W AVENIDA JUNIPERO B B22-0500 ADU R 0691-083-09 3008 LA VENTANA B21-1775 SFD O 0 691-231-06 515 AVENIDA VAQUERO B20-1948 5+ R 0
691-294-05 2703 VIA LADO B23-0104, IC22-245 ADU R 1 01/11/2023 1 691-425-01 200 VIA SOCORRO B22-1295 SFD O 0
691-425-02 202 VIA SOCORRO B22-1296 SFD O 0
692-051-08 254 W AVENIDA PALIZADA IC22-294 ADU R 1 03/14/2023 1 692-051-14 314 ENCINO LN IC22-396 ADU R 1 04/24/2023 1692-062-18 236 W El Portal B19-2689 2 to 4 R 0 1 4
Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units Project Identifier Unit Types Affordability by Household Incomes - Completed Entitlement 17 29
-f- f-- -f- -f- f- f- f--
Table A2
Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units 89 Current APN Street Address Project Name+
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed Restricted
Above
ModerateIncome Building Permits Date Issued # of Units Issued Building Permits 0 1 0 14 0 10 10 35
057-062-26 170 AVENIDA DE LA PAZ 0057-091-20 149 AVENIDA CABALLEROS 1 10/23/2023 1 057-091-22 151 AVENIDA CABALLEROS 1 8/25/2023 1
057-095-01 143 N La Esperanza 0
057-153-17 115 E EL PORTAL B 1 1/24/2023 1
057-162-03 1501 AVENIDA DE LA ESTRELLA C 0057-222-02 513 AVENIDA PRESIDIO 0058-051-64 145 W Canada 0058-051-64 145 W Canada B 0058-052-41 103 W ESCALONES C 1 7/5/2023 1058-073-14 123 AVENIDA SERRA C 0058-091-15 142 AVENIDA ROSA 0 058-091-43 130 AVENIDA ROSA 2 11/3/2023 2
058-104-03 229 AVENIDA MONTEREY 2 6/28/2023 2058-104-03 229 AVENIDA MONTEREY C 1 6/28/2023 1058-113-67 259 AVENIDA GRANADA 1 6/13/2023 1 058-121-26 224 AVENIDA MIRAMAR C 1 2/9/2023 1058-121-26 224 AVENIDA MIRAMAR B 1 3/21/2023 1060-064-12 413 E AVENIDA MAGDALENA 0 060-122-27 116 AVENIDA CALAFIA 101 1 5/16/2023 1060-271-03 227 CALLE CAMPESINO B 1 2/9/2023 1060-281-34 3820 Calle Tiara 0060-303-20 7 VIA JAZMIN 1 12/12/2023 1 675-194-07 4005 Calle Bienvenido 0680-041-15 617 AVENIDA VAQUERO B 1 7/27/2023 1680-152-01 305 VIA CHUECA B 0680-241-05 2872 VIA BELLOTA 0 680-461-04 3164 INCLINADO B 0
7 Project Identifier Affordability by Household Incomes - Building Permits 18 30
Table A2
Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units 89 Current APN Street Address Project Name+
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed Restricted
Above
ModerateIncome Building Permits Date Issued # of Units Issued Building Permits 0 1 0 14 0 10 10 35
7 Project Identifier Affordability by Household Incomes - Building Permits 690-081-05 1206 Via La Mesa 0690-095-07 401 CALLE FIESTA 0 690-101-36 437 CALLE EMPALME 1 9/26/2023 1690-201-28 203 E AVENIDA RAMONA B 0690-445-20 15 W AVENIDA JUNIPERO B 0691-083-09 3008 LA VENTANA 0691-231-06 515 AVENIDA VAQUERO 0691-294-05 2703 VIA LADO 1 4/11/2023 1691-425-01 200 VIA SOCORRO 1 6/6/2023 1691-425-02 202 VIA SOCORRO 1 6/6/2023 1692-051-08 254 W AVENIDA PALIZADA 1 03/14/2023 1 692-051-14 314 ENCINO LN 1 04/24/2023 1
692-062-18 236 W El Portal 2 8/14/2023 2692-073-06 214 W MARIPOSA 0 692-073-28 222 W MARIPOSA 1 10/18/2023 1
692-113-03 239 AVENIDA PELAYO 7 1 4/11/2023 1
692-122-30 111 DIJE CT 1 10/06/2023 1692-122-41 1516 BUENA VISTA 1 3/29/2023 1 692-141-10 112 TRAFALGAR LN B 1 2/8/2023 1
692-143-34 105 W AVENIDA CADIZ B 1 2/9/2023 1
692-143-52 141 W AVENIDA CADIZ B 00 692-151-40 128 ESPLANADE 1 4/24/2023 1 692-152-19 103 ESPLANADE B 1 8/3/2023 1692-171-01 1407 S OLA VISTA B 1 8/24/2023 1692-171-18 1430 S EL CAMINO REAL 0692-211-43 1611 S OLA VISTA 1 12/14/2023 1 692-221-28 220 W AVENIDA VALENCIA 0
692-232-15 1304 S OLA VISTA 0
19 31
- -
Table A2
Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units 89 Current APN Street Address Project Name+
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed Restricted
Above
ModerateIncome Building Permits Date Issued # of Units Issued Building Permits 0 1 0 14 0 10 10 35
7 Project Identifier Affordability by Household Incomes - Building Permits 692-261-09 340 W PASEO DE CRISTOBAL 0692-264-04 249 LA RAMBLA 0 692-272-14 323 W PASEO DE CRISTOBAL 0692-293-25 219 CALLE SERENA 0692-311-30 205 W AVENIDA SAN ANTONIO 0692-312-27 405 W AVENIDA DE LOS LOBOS MARINOS B 0692-312-38 1702 S OLA VISTA 0692-361-16 135 AVENIDA FLORENCIA 1 6/14/2023 1 692-381-34 104 AVENIDA PELAYO 0692-381-34 104 AVENIDA PELAYO 0692-381-35 106 AVENIDA PELAYO C 0692-381-35 106 AVENIDA PELAYO D 0692-382-03 147 AVENIDA PELAYO B 0692-382-09 135 AVENIDA PELAYO 0 20 32
-
Table A2
Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units 11 12
Current APN Street Address Project Name+
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed Restricted
Above
ModerateIncome
Certificates of
Occupancy or other
forms of readiness
(see instructions) Date
Issued
# of Units
issued
Certificates of Occupancy or
other forms of
readiness
0 1 0 11 0 8 166 186
057-062-26 170 AVENIDA DE LA PAZ 1 11/29/2023 1057-091-20 149 AVENIDA CABALLEROS 0057-091-22 151 AVENIDA CABALLEROS 0057-095-01 143 N La Esperanza 1 5/11/2023 1057-153-17 115 E EL PORTAL B 1 11/6/2023 1 057-162-03 1501 AVENIDA DE LA ESTRELLA C 1 2/9/2023 1057-222-02 513 AVENIDA PRESIDIO 1 11/16/2023 1 058-051-64 145 W Canada 1 4/11/2023 1058-051-64 145 W Canada B 1 4/5/2023 1058-052-41 103 W ESCALONES C 0058-073-14 123 AVENIDA SERRA C 1 5/23/2023 1058-091-15 142 AVENIDA ROSA 2 12/21/2023 2 058-091-43 130 AVENIDA ROSA 0058-104-03 229 AVENIDA MONTEREY 0058-104-03 229 AVENIDA MONTEREY C 0058-113-67 259 AVENIDA GRANADA 0058-121-26 224 AVENIDA MIRAMAR C 0058-121-26 224 AVENIDA MIRAMAR B 0060-064-12 413 E AVENIDA MAGDALENA 0060-122-27 116 AVENIDA CALAFIA 101 1 10/3/2023 1060-271-03 227 CALLE CAMPESINO B 1 9/19/2023 1 060-281-34 3820 Calle Tiara 1 5/17/2023 1
060-303-20 7 VIA JAZMIN 0675-194-07 4005 Calle Bienvenido 1 8/22/2023 1 680-041-15 617 AVENIDA VAQUERO B 1 10/25/2023 1
680-152-01 305 VIA CHUECA B 1 9/18/2023 1680-241-05 2872 VIA BELLOTA 1 5/2/2023 1 Affordability by Household Incomes - Certificates of Occupancy 10 Project Identifier
21 33
I
Table A2
Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units 11 12
Current APN Street Address Project Name+
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed Restricted
Above
ModerateIncome
Certificates of
Occupancy or other
forms of readiness
(see instructions) Date
Issued
# of Units
issued
Certificates of Occupancy or
other forms of
readiness
0 1 0 11 0 8 166 186
Affordability by Household Incomes - Certificates of Occupancy 10 Project Identifier
680-461-04 3164 INCLINADO B 1 6/30/2023 1690-081-05 1206 Via La Mesa 1 2/23/2023 1 690-095-07 401 CALLE FIESTA 1 2/22/2023 1690-101-36 437 CALLE EMPALME 0690-201-28 203 E AVENIDA RAMONA B 1 9/19/2023 1690-445-20 15 W AVENIDA JUNIPERO B 1 5/31/2023 1691-083-09 3008 LA VENTANA 1 9/20/2023 1 691-231-06 515 AVENIDA VAQUERO 150 10/25/2023 150
691-294-05 2703 VIA LADO 0691-425-01 200 VIA SOCORRO 0691-425-02 202 VIA SOCORRO 0692-051-08 254 W AVENIDA PALIZADA 0692-051-14 314 ENCINO LN 0692-062-18 236 W El Portal 0692-073-06 214 W MARIPOSA 0692-073-28 222 W MARIPOSA 0692-113-03 239 AVENIDA PELAYO 7 0692-122-30 111 DIJE CT 0692-122-41 1516 BUENA VISTA 1 4/3/2023 1692-141-10 112 TRAFALGAR LN B 0692-143-34 105 W AVENIDA CADIZ B 0692-143-52 141 W AVENIDA CADIZ B 1 6/16/2023 10 692-151-40 128 ESPLANADE 0 692-152-19 103 ESPLANADE B 0692-171-01 1407 S OLA VISTA B 0692-171-18 1430 S EL CAMINO REAL 0692-211-43 1611 S OLA VISTA 0 22 34
I
Table A2
Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units 11 12
Current APN Street Address Project Name+
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed Restricted
Above
ModerateIncome
Certificates of
Occupancy or other
forms of readiness
(see instructions) Date
Issued
# of Units
issued
Certificates of Occupancy or
other forms of
readiness
0 1 0 11 0 8 166 186
Affordability by Household Incomes - Certificates of Occupancy 10 Project Identifier
692-221-28 220 W AVENIDA VALENCIA 0692-232-15 1304 S OLA VISTA 0692-261-09 340 W PASEO DE CRISTOBAL 0692-264-04 249 LA RAMBLA 1 11/8/2023 1692-272-14 323 W PASEO DE CRISTOBAL 1 3/27/2023 1692-293-25 219 CALLE SERENA 0692-311-30 205 W AVENIDA SAN ANTONIO 1 9/21/2023 1692-312-27 405 W AVENIDA DE LOS LOBOS MARINOS B 1 9/21/2023 1692-312-38 1702 S OLA VISTA 0692-361-16 135 AVENIDA FLORENCIA 0692-381-34 104 AVENIDA PELAYO 2 5/4/2023 2 692-381-34 104 AVENIDA PELAYO 1 5/4/2023 1692-381-35 106 AVENIDA PELAYO C 1 1/11/2023 1692-381-35 106 AVENIDA PELAYO D 1 1/11/2023 1692-382-03 147 AVENIDA PELAYO B 1 5/8/2023 1692-382-09 135 AVENIDA PELAYO 1 7/11/2023 1 23 35
I
Table A2
Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units Streamlining Infill
Housing without Financial
Assistance or Deed
Restrictions
Term of Affordability
or Deed Restriction
13 14 15 16 17 18 19 20 21 22 23 24
Current APN Street Address Project Name+
How many of the
units were
Extremely Low
Income?
Please select the
streamlining
provision the project
was APPROVED
pursuant to. (may
select multiple)
Infill Units?
Y/N+
Assistance Programs
for Each Development
(may select multiple -
see instructions)
Deed Restriction
Type
(may select multiple -
see instructions)
For units affordable without
financial assistance or deed
restrictions, explain how the
locality determined the units
were affordable
(see instructions)
Term of Affordability or
Deed Restriction (years)
(if affordable in perpetuity
enter 1000)+
Number of
Demolished/Destroyed
Units
Demolished or
Destroyed Units
Demolished/De
stroyed Units
Owner or
Renter
Total Density Bonus Applied to
the Project (Percentage
Increase in Total Allowable
Units or Total Maximum
Allowable Residential Gross
Floor Area)
Number of Other
Incentives,
Concessions, Waivers,
or Other Modifications
Given to the Project
(Excluding Parking
Waivers or Parking
Reductions)
List the incentives,
concessions,
waivers, and
modifications
(Excluding Parking
Waivers or Parking
Modifications)
Did the project receive a
reduction or waiver of
parking standards? (Y/N)
0 0
057-062-26 170 AVENIDA DE LA PAZ None Yes057-091-20 149 AVENIDA CABALLEROS None Yes057-091-22 151 AVENIDA CABALLEROS None Yes057-095-01 143 N La Esperanza None Yes057-153-17 115 E EL PORTAL B 0 None Yes Based on SCAG ADU affordability analysis document 057-162-03 1501 AVENIDA DE LA ESTRELLA C None Yes Based on SCAG ADU affordability analysis document
057-222-02 513 AVENIDA PRESIDIO None Yes058-051-64 145 W Canada None Yes058-051-64 145 W Canada B None Yes Based on SCAG ADU affordability analysis document
058-052-41 103 W ESCALONES C None Yes Based on SCAG ADU affordability analysis document
058-073-14 123 AVENIDA SERRA C None Yes Based on SCAG ADU affordability analysis document
058-091-15 142 AVENIDA ROSA None Yes058-091-43 130 AVENIDA ROSA None Yes058-104-03 229 AVENIDA MONTEREY None Yes058-104-03 229 AVENIDA MONTEREY C None Yes Based on SCAG ADU affordability analysis document
058-113-67 259 AVENIDA GRANADA None Yes Based on SCAG ADU affordability analysis document
058-121-26 224 AVENIDA MIRAMAR C None Yes Based on SCAG ADU affordability analysis document
058-121-26 224 AVENIDA MIRAMAR B None Yes Based on SCAG ADU affordability analysis document
060-064-12 413 E AVENIDA MAGDALENA None Yes Based on SCAG ADU affordability analysis document
060-122-27 116 AVENIDA CALAFIA 101 None Yes Based on SCAG ADU affordability analysis document
060-271-03 227 CALLE CAMPESINO B None Yes Based on SCAG ADU affordability analysis document
060-281-34 3820 Calle Tiara None Yes060-303-20 7 VIA JAZMIN None Yes Based on SCAG ADU affordability
analysis document
675-194-07 4005 Calle Bienvenido None Yes680-041-15 617 AVENIDA VAQUERO B None Yes Based on SCAG ADU affordability analysis document
680-152-01 305 VIA CHUECA B None Yes Based on SCAG ADU affordability analysis document
680-241-05 2872 VIA BELLOTA None Yes680-461-04 3164 INCLINADO B None Yes Based on SCAG ADU affordability analysis document
690-081-05 1206 Via La Mesa None Yes690-095-07 401 CALLE FIESTA None Yes Based on SCAG ADU affordability analysis document
690-101-36 437 CALLE EMPALME None Yes Based on SCAG ADU affordability analysis document
690-201-28 203 E AVENIDA RAMONA B None Yes Based on SCAG ADU affordability analysis document
690-445-20 15 W AVENIDA JUNIPERO B None Yes Based on SCAG ADU affordability analysis document
691-083-09 3008 LA VENTANA None Yes691-231-06 515 AVENIDA VAQUERO None Yes691-294-05 2703 VIA LADO None Yes Based on SCAG ADU affordability analysis document
691-425-01 200 VIA SOCORRO None Yes691-425-02 202 VIA SOCORRO None Yes Housing with Financial Assistance
and/or Deed Restrictions Demolished/Destroyed Units Density Bonus Project Identifier 24 36
-- ,__
Table A2
Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units Streamlining Infill
Housing without Financial
Assistance or Deed
Restrictions
Term of Affordability
or Deed Restriction
13 14 15 16 17 18 19 20 21 22 23 24
Current APN Street Address Project Name+
How many of the
units were
Extremely Low
Income?
Please select the
streamlining
provision the project
was APPROVED
pursuant to. (may
select multiple)
Infill Units?
Y/N+
Assistance Programs
for Each Development
(may select multiple -
see instructions)
Deed Restriction
Type
(may select multiple -
see instructions)
For units affordable without
financial assistance or deed
restrictions, explain how the
locality determined the units
were affordable
(see instructions)
Term of Affordability or
Deed Restriction (years)
(if affordable in perpetuity
enter 1000)+
Number of
Demolished/Destroyed
Units
Demolished or
Destroyed Units
Demolished/De
stroyed Units
Owner or
Renter
Total Density Bonus Applied to
the Project (Percentage
Increase in Total Allowable
Units or Total Maximum
Allowable Residential Gross
Floor Area)
Number of Other
Incentives,
Concessions, Waivers,
or Other Modifications
Given to the Project
(Excluding Parking
Waivers or Parking
Reductions)
List the incentives,
concessions,
waivers, and
modifications
(Excluding Parking
Waivers or Parking
Modifications)
Did the project receive a
reduction or waiver of
parking standards? (Y/N)
0 0
Housing with Financial Assistance
and/or Deed Restrictions Demolished/Destroyed Units Density Bonus Project Identifier 692-051-08 254 W AVENIDA PALIZADA
None Yes Based on SCAG ADU affordability
analysis document
692-051-14 314 ENCINO LN
None Yes Based on SCAG ADU affordability
analysis document
692-062-18 236 W El Portal None Yes692-073-06 214 W MARIPOSA None Yes692-073-28 222 W MARIPOSA None Yes Based on SCAG ADU affordability
analysis document
692-113-03 239 AVENIDA PELAYO 7 None Yes Based on SCAG ADU affordability analysis document
692-122-30 111 DIJE CT
None Yes Based on SCAG ADU affordability
analysis document
692-122-41 1516 BUENA VISTA None Yes Based on SCAG ADU affordability analysis document
692-141-10 112 TRAFALGAR LN B None Yes Based on SCAG ADU affordability analysis document
692-143-34 105 W AVENIDA CADIZ B None Yes Based on SCAG ADU affordability analysis document
692-143-52 141 W AVENIDA CADIZ B None Yes Based on SCAG ADU affordability analysis document
692-151-40 128 ESPLANADE None Yes Based on SCAG ADU affordability analysis document
692-152-19 103 ESPLANADE B None Yes Based on SCAG ADU affordability analysis document
692-171-01 1407 S OLA VISTA B None Yes Based on SCAG ADU affordability analysis document
692-171-18 1430 S EL CAMINO REAL
None Yes
Other DB 55 0.0%
1 Development Standards Modification
No
692-211-43 1611 S OLA VISTA
None Yes Based on SCAG ADU affordability
analysis document
692-221-28 220 W AVENIDA VALENCIA None Yes Based on SCAG ADU affordability analysis document
692-232-15 1304 S OLA VISTA
None Yes Based on SCAG ADU affordability
analysis document
692-261-09 340 W PASEO DE CRISTOBAL
None Yes Based on SCAG ADU affordability
analysis document
692-264-04 249 LA RAMBLA None Yes692-272-14 323 W PASEO DE CRISTOBAL None Yes 692-293-25 219 CALLE SERENA None Yes Based on SCAG ADU affordability analysis document
692-311-30 205 W AVENIDA SAN ANTONIO None Yes692-312-27 405 W AVENIDA DE LOS LOBOS MARINOS B None Yes Based on SCAG ADU affordability analysis document
692-312-38 1702 S OLA VISTA
None Yes Based on SCAG ADU affordability
analysis document
692-361-16 135 AVENIDA FLORENCIA None Yes Based on SCAG ADU affordability analysis document
692-381-34 104 AVENIDA PELAYO None Yes692-381-34 104 AVENIDA PELAYO None Yes Based on SCAG ADU affordability analysis document
692-381-35 106 AVENIDA PELAYO C None Yes Based on SCAG ADU affordability analysis document
692-381-35 106 AVENIDA PELAYO D None Yes Based on SCAG ADU affordability analysis document
692-382-03 147 AVENIDA PELAYO B None Yes Based on SCAG ADU affordability analysis document
692-382-09 135 AVENIDA PELAYO None Yes Based on SCAG ADU affordability analysis document
25 37
,-
- ,- ,__ -
Table A2
Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units Streamlining Infill
Housing without Financial
Assistance or Deed
Restrictions
Term of Affordability
or Deed Restriction
13 14 15 16 17 18 19 20 21 22 23 24
Current APN Street Address Project Name+
How many of the
units were
Extremely Low
Income?
Please select the
streamlining
provision the project
was APPROVED
pursuant to. (may
select multiple)
Infill Units?
Y/N+
Assistance Programs
for Each Development
(may select multiple -
see instructions)
Deed Restriction
Type
(may select multiple -
see instructions)
For units affordable without
financial assistance or deed
restrictions, explain how the
locality determined the units
were affordable
(see instructions)
Term of Affordability or
Deed Restriction (years)
(if affordable in perpetuity
enter 1000)+
Number of
Demolished/Destroyed
Units
Demolished or
Destroyed Units
Demolished/De
stroyed Units
Owner or
Renter
Total Density Bonus Applied to
the Project (Percentage
Increase in Total Allowable
Units or Total Maximum
Allowable Residential Gross
Floor Area)
Number of Other
Incentives,
Concessions, Waivers,
or Other Modifications
Given to the Project
(Excluding Parking
Waivers or Parking
Reductions)
List the incentives,
concessions,
waivers, and
modifications
(Excluding Parking
Waivers or Parking
Modifications)
Did the project receive a
reduction or waiver of
parking standards? (Y/N)
0 0
Housing with Financial Assistance
and/or Deed Restrictions Demolished/Destroyed Units Density Bonus Project Identifier 26 38
Jurisdiction San Clemente ANNUAL ELEMENT PROGRESS REPORT Reporting Year 2023 (Jan. 1 - Dec. 31) Housing Element ImplementationPlanning Period 6th Cycle 10/15/2021 - 10/15/2029 1 Projection Period 34
RHNA Allocation by
Income Level
Projection
Period -
06/30/2021-
10/14/2021
2021 2022 2023 2024 2025 2026 2027 2028 2029
Total Units to
Date (all
years)
Total
Remaining
RHNA by
Income Level
Deed Restricted - - - - - - - - - - Non-Deed Restricted - - - 1 - - - - - - Deed Restricted - - - - - - - - - - Non-Deed Restricted - - - 14 - - - - - - Deed Restricted - - - - - - - - - - Non-Deed Restricted 3 2 28 10 - - - - - - Above Moderate 348 5 151 7 10 - - - - - - 173 175
982
8 153 35 35 - - - - - - 231 751
5 67
Extremely lowIncome Need 2021 2022 2023 2024 2025 2026 2027 2028 2029 Total Units to Date Total Units Remaining 141 - - - - - - - - - - 141
150
Please note: For the last year of the 5th cycle, Table B will only include units that were permitted during the portion of the year that was in the 5th cycle. For the first year of the 6th cycle, Table B will only include units that were permitted since the start of the planning period. Projection Period units are in a separate column.

Total RHNATotal Units
Income Level
Very LowLowExtremely Low-Income Units*
Note: units serving extremely low-income households are included in the very low-income RHNA progress and must be reported as very low-income units in section 7 of Table A2. They must also be reported in the extremely low-income category (section 13) in Table A2 to be counted as progress toward meeting the extremely low-income housing need determined pursuant to Government Code 65583(a)(1).*Extremely low-income houisng need determined pursuant to Government Code 65583(a)(1). Value in Section 5 is default value, assumed to be half of the very low-income RHNA. May be overwritten.

Progress toward extremely low-income housing need, as determined pursuant to Government Code 65583(a)(1).

Please Note: Table B does not currently contain data from Table F or Table F2 for prior years. You may login to the APR system to see Table B that contains this data.Please note: The APR form can only display data for one planning period. To view progress for a different planning period, you may login to HCD's online APR system, or contact HCD staff at [email protected].
145
1 This table is auto-populated once you enter your jurisdiction name and current year data. Past year information comes from previous APRs. 43 Moderate
282 164 188
Please contact HCD if your data is different than the material supplied here 14 2
Table B
Regional Housing Needs Allocation Progress
Permitted Units Issued by Affordability
281
27 39
-
Jurisdiction San Clemente ANNUAL ELEMENT PROGRESS REPORT Reporting Year 2023 (Jan. 1 - Dec. 31) Housing Element ImplementationPlanning Period 6th Cycle 10/15/2021 - 10/15/2029 Date of
Rezone Rezone Type
2 4 5 6 7 9 10 11
APN Street Address Project Name+
Local
Jurisdiction
Tracking ID+
Date of
Rezone
Very LowIncome Low-Income Moderate- Income Above Moderate- Income Rezone Type Parcel Size (Acres) General Plan Designation Zoning Minimum Density Allowed Maximum Density Allowed Realistic Capacity Vacant/Nonvacant Description of Existing Uses Note: "+" indicates an optional fieldCells in grey contain auto-calculation formulas Summary Row: Start Data Entry Below
8 3
Project Identifier RHNA Shortfall by Household Income Category Sites Description 1 Sites Identified or Rezoned to Accommodate Shortfall Housing Need and No Net-Loss Law Table C
28 40
Jurisdiction San Clemente
Reporting Year 2023 (Jan. 1 - Dec.
1 23 4
Name of Program Objective Timeframe in H.E Status of Program Implementation Program 1: Provide Adequate Sites and Monitoring for No Net Loss 1) Within three years of the 6th Housing Element statutory deadline, rezone candidate sites with a housing overlay (H) of up to 71.6 acres but at least necessary to accommodate the City’s RHNA shortfall of 244 lower income units, 21 moderate income units, and 277 above moderate income units. The rezoning process will include community outreach, including community outreach for additional potential rezone sites if the candidate sites become unavailable. 2) Facilitate development on the rezoned sites by establishing appropriate objective development standards (including height limit, number of stories, lot coverage, and parking) that would allow development projects to achieve the allowable densities. Specifically, consistent with City practice, the City will allow development potential to be calculated for the entire site based on gross density, while allowing the residential units/mixed use components to be clustered on portions of the site.

For 1, within 3 years.For 2, ongoing.

Ongoing.The Housing Element was certified in October 2022. In November 2022, the City initiated a process that is ongoing to rezone canididate sites with a housing overlay and adopting objective design standards. The objective design standards will also be applied to by-right approval of housing projects and SB35 streamlined developments. This project is ongoing with consultant, staff, and Planning Commission review and completion planned for 2024.

ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.

Table D
Program Implementation Status pursuant to GC Section 65583 29 41
1 23 4
Name of Program Objective Timeframe in H.E Status of Program Implementation Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.

Table D
Program Implementation Status pursuant to GC Section 65583 Program 1: Provide Adequate Sites and Monitoring for No Net Loss 3) Monitor and update the sites inventory continuously to assess its adequacy for meeting the RHNA, particularly for sites capable of facilitating the development of lower income housing.4) Make the inventory of vacant and underutilized sites available to interested developers. Every other year, reach out to developers and property owners to facilitate projects with appropriate parcel sizes, including lot splits or lot consolidation to create appropriately sized parcels (e.g. 0.5 to 10 acres) and/or other incentives or mechanisms to facilitate affordability and meet RHNA requirements. See Programs 3 and 7 for additional housing development outreach. The sites inventory will be posted on the City’s website, the City’s housing sites GIS app, and updated annually.

Ongoing Ongoing.

Staff updates the sites inventory on an ongoing basis, posts the list on the City's website, and provides the site inventory to our list of interested affordable housing developers.

Program 1: Provide Adequate Sites and Monitoring for No Net Loss 5) Should properties identified in the residential sites inventory become unavailable during the planning period for housing for lower income households, resulting in a shortfall in sites for meeting the RHNA, within six months, the City will identify additional sites of appropriate size and density and rezone, if and as necessary per Government Code § 65863.

For 5, ongoing implementation. If there is a shortfall found, the City has six months to identify additional sites.

Ongoing.Sites in the inventory have not become unavailable during the planning period to result in a shorfall in available sites for meeting the RHNA for very-low and low income housing. Therefore, no sites are entered into APR Table C. There are remaining adequate sites in the site inventory of an appopriate size and density to meet RHNA for all income categories. 30 42
1 23 4
Name of Program Objective Timeframe in H.E Status of Program Implementation Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.

Table D
Program Implementation Status pursuant to GC Section 65583 Program 2A, By-Right Approval for Projects with 20 Percent Affordable Units 1) For reuse sites, amend the Zoning Ordinance by the end of 2022 and apply a housing overlay to establish byright approval process as required by AB 1397, which allows the City to require the architecture/design of all projects to meet objective design standards.2) Concurrently with the establishment of a housing overlay on candidate sites and within three years of the 6th Housing Element statutory deadline, establish a byright approval process allowing the City to require the architecture/design of all projects to meet objective design standards.

For 1, by end of 2022. For 2, within 3 years.

Ongoing.The Housing Element was certified in October 2022. The City initiated a process that is ongoing to rezone canididate sites with a housing overlay and adopt objective design standards. The objective design standards will also be applied to by-right approval of housing projects. This project is ongoing with consultant, staff, and Planning Commission review and completion planned for 2024.

Program 2B, SB 35 Streamlining for Projects with Affordable Units 1) Within three years of Housing Element adoption, and no later than October 2024, develop procedures to address the streamlining requirements of SB 35 Within 3 years. Ongoing.

The Housing Element was certified in October 2022. In November 2022, the City initiated a process that is ongoing to initiate rezoning of candidate sites with a housing overlay and adopting objective design standards. The objective design standards will also be applied to by-right approval of housing projects and SB35 streamlined developments. This project is ongoing with consultant, staff, and Planning Commission review and completion planned for 2024.

Program 3, Lot Consolidation
1) Facilitate lot consolidation via the following: a) by the end of 2022, develop informational materials on the City’s new Lot Consolidation program and promote available incentives to developers, especially to property owners and developers of sites in the Residential Sites Inventory and Candidate Rezone Sites, and b) an ongoing basis, provide technical assistance regarding the lot consolidation process to interested parties.

For 1, end of 2022.For 2, ongoing.

Ongoing.The City's Zoning Ordinance is on the City website, including its Lot Consolidation program. The City will continue to explore and implement opportunities to promote the program incentives. 31 43
1 23 4
Name of Program Objective Timeframe in H.E Status of Program Implementation Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.

Table D
Program Implementation Status pursuant to GC Section 65583 Program 3, Lot Consolidation
2) By 2022, make the inventory of vacant and underutilized sites available to interested developers. The sites inventory will be posted on the City’s website, the City’s housing sites GIS app, and updated annually and assist in identifying sites with lot consolidation potential. (Table 4-4 identifies vacant and underutilized parcels in the City and Table 4-6 identifies candidate sites for rezoning.): a) Process lot consolidation applications concurrently with other applications for development, andb) By 2025, re-evaluate the trend of lot consolidation and make modifications as necessary to promote housing and mixed use development on small sites, if the City determines lot consolidation is relevant and appropriate.

For 2a, ongoing.For 2b, by 2025.

Ongoing.Staff updates the sites inventory on an ongoing basis, posts the list on the City's website, the City's GIS app, and provides the site inventory to our list of interested affordable housing developers. The City will continue to add data to the GIS app for lot consolidation potential, and vacant and underutiltiized sites. Updates are planned for 2023. The City has informed housing developers of the GIS app and website information.2a) The City will process applications expeditiously when recieved. To-date, no development applications have been submitted that use the lot consolidation program. The City will promote the program when communicating with developers.2b) The City will initiate this work program to meet the objective within the timeframe.

Program 4, Density Bonus Ordinance.
1) Update Density Bonus Ordinance by the end of 2022
to reflect recent changes to the State density bonus law.

By end of 2022 Ongoing.

The Housing Element was certified in October 2022. In December 2022, the City adopted Ordinance 1740 for an update to its Density Bonus Ordinance.
32 44
1 23 4
Name of Program Objective Timeframe in H.E Status of Program Implementation Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.

Table D
Program Implementation Status pursuant to GC Section 65583 Program 5, Affordable Housing Overlay
1) Continue to implement the requirements of the Affordable Housing Overlay Zone.2) Concurrently with the housing overlay in Program 1, and by-right approvals in Program 2A, modify the Affordable Housing Overlay Zone to improve the effectiveness of the Overlay Zone and make amendments as necessary. Specifically, evaluate the effectiveness and create one Housing Overlay (H) with objective design standards, minimum levels of affordable housing units, and by-right approval if 20 percent of the units are set aside for lower income (very low and low) households (see Program 2A). As part of this review, amend the development standards for height limits, number of stories, lot coverage, and parking requirements to ensure that development projects have the ability to achieve the allowable densities. The City will invite and engage the community, including the development community, to provide feedback during this process.

For 1, ongoing.For 2, within 3 years.

Ongoing.1) The Affordable Housing Overlay was analyzed in the 2017 Housing Element Midterm Update. The overlay has been effective in developing affordable units. The City continues to apply the overlay and seek opportunities to enhance its effectiveness. In 2018, the City changed the Affordable Housing Overlay zoning standards to allow stand-alone residential units and affordable housing on any mixed-use zoned lots in the Housing Element site inventory. There were no proposed affordable housing projects in 2018 to 2022 that would take advantage of the in-lieu fee. In November 2022, the City initiated a process that is ongoing to rezone rezone candidate sites with a housing overlay and adopt objective design standards. The project is ongoing.In Progress.2) The Housing Element was certified in October 2022. In November 2022, the City initiated a process that is ongoing to rezone canididate sites with a housing overlay and adopting objective design standards. The objective design standards will also be applied to by-right approval of housing projects and SB35 streamlined developments. This project is ongoing with completion planned for 2023.

Program 5, Affordable Housing Overlay
3) Prioritize inclusionary in-lieu fees for lower income affordable housing projects proposed in the Affordable Housing Overlay / Housing Overlay (see also Program 7).

Ongoing Ongoing.

The City continues to implement the Inclusionary Housing Program. In 2017, the City conducted a public survey on how to prioritize the in-lieu fee. The City initiated an in-lieu fee ordinance in 2019. The City reviewed the in-lieu fee formula in 2021 and determined the current formula is appropriate. The City pursues opportunities to use the in-lieu fees to support the development of affordable housing units. 33 45
1 23 4
Name of Program Objective Timeframe in H.E Status of Program Implementation Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.

Table D
Program Implementation Status pursuant to GC Section 65583 Program 6, Inclusionary Housing Program
1) Continue implementation of the Inclusionary Housing Program.2) By 2025, the City will retain a consultant to evaluate the effectiveness of Inclusionary Housing Program in facilitating the development of all income levels, and conduct a feasibility study to evaluate increasing the inclusionary housing requirement from 4% very low to 15% (5% very low, 5% low, and 5% moderate). Updates to the Inclusionary Housing Program will reflect the new requirement with a corresponding updated in-lieu fee (paid if affordable units are not provided on-site) to reflect current land and construction costs, and other related updates.

For 1, ongoing.For 2, by 2025.

Ongoing.1) The City continues to implement the Inclusionary Housing Program. In 2017, the City conducted a public survey on how to prioritize the in-lieu fee. The City initiated an in-lieu fee ordinance in 2019. The City reviewed the in-lieu fee formula in 2021 and determined the current formula is appropriate. The City pursues opportunities to use the in-lieu fees to support the development of affordable housing units.

In Progress.2) The City will include the feasibility study in its work program to meet this objective within the timeframe. 34 46
1 23 4
Name of Program Objective Timeframe in H.E Status of Program Implementation Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.

Table D
Program Implementation Status pursuant to GC Section 65583 Program 7: Affordable Housing Development
1) Proactively encourage and facilitate the development of affordable housing by non-profit organizations for lower income households, particularly those with special needs including large households, seniors, extremely low-income (ELI) households, and households with persons who have disabilities or developmental disabilities with the goal of creating 446 affordable units for lower income households between 2021 and 2029 (282 extremely low and very low income and 164 low income units, see Program 1). Specifically, the City will:a) Provide letters of support to affordable housing developers’ applications to local, State, and Federal agencies for funding, provided the proposed projects are consistent with the goals and policies of the City’s General Plan.b) Evaluate, every other year, the City’s Zoning regulations for potential constraints to the development of housing for persons with special needs.

Ongoing. Ongoing.
1) Projects are reviewed according to density bonus regulations. The City continues to implement the Affordable Housing Overlay Zone and Inclusionary Housing Program. Staff consults the HCD website to identify funding sources for affordable housing and meet with housing organizations annually. In 2023, the City entitled an affordable housing project with a density bonus for a setback concession to support the inclusion of 1 low income apartment. The density bonus request did not include an increase in density. a) The City continues to provide letters of support to affordable housing developers' applications, and will develop marketing and economic development strategies to implement Centennial General Plan land use goals. Also, the City has assigned urban planners with specialized knowledge and experience in specific districts to serve as liasons that provide services and information, including news on programs for housing and social services. b) The City continues to monitor the Zoning Ordinance and process amendments as needed to ensure regulations are consistent with State law and remove barriers to affordable housing construction. 35 47
1 23 4
Name of Program Objective Timeframe in H.E Status of Program Implementation Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.

Table D
Program Implementation Status pursuant to GC Section 65583 Program 7: Affordable Housing Development
2) Continue to provide density bonuses and other incentives to developers who provide affordable units. By the end of 2022, develop informational materials on the City’s website regarding the City’s Lot Consolidation incentives, density bonus, Affordable Housing Overlay, and Inclusionary Housing. Establish priority for assistance for workforce housing targeting those who work and/or live in San Clemente.3) Continue to implement the Affordable Housing Overlay Zone (new Housing Overlay) and Inclusionary Housing Program.4) Every other year, meet with non-profit developers and housing organizations to evaluate projects for acquisition and rehabilitation/new construction of new shelters and long-term affordable housing.

For 2-3, ongoing. For 4, every other year.

Ongoing.2) The City continues to explore funding opportunities and will explore development opportunities with developers and non-profits to build more affordable units or to help convert existing homes as affordable units. Staff continues to provide letters of support for affordable housing developers’ applications. The City plans to develop marketing and economic development strategies to implement the Centennial General Plan land use goals. Projects are reviewed according to density bonus regulations. The City continues to implement the Affordable Housing Overlay Zone and Inclusionary Housing Program. Staff consults the HCD website to identify funding sources for affordable housing and meet with housing organizations annually. In 2023, the City entitled an affordable housing project with a density bonus for a setback concession to support the inclusion of 1 low income apartment. The density bonus request did not include an increase in density.3) The City continues to implement the Inclusionary Housing Program. In 2017, the City conducted a public survey on how to prioritize the in-lieu fee. The City initiated an in-lieu fee ordinance in 2019. The City reviewed the in-lieu fee formula in 2021 and determined the current formula is appropriate. The City pursues opportunities to use the in-lieu fees to support the development of affordable housing units In November 2022, the City initiated a process that is ongoing to rezone candidate sites with a housing overlay and adopt objective design standards. The project is ongoing.4) The Housing Element was certified in October 2022. In November 2022, the City initiated a process that is ongoing to rezone canididate sites with a housing overlay and adopting objective design standards. This process includes outreach with affordable housing developers on opportunities to facilitate housing production. For shelters, the City completed a survey in 2021 and found that there was no interest from shelter providers in establishing one in San Clemente. The survey found that Shelter Operators would not allow homeless persons from other cities to utilize available beds. San Clemente is in the process of collaborating with neighboring cities to apply for State grants and other resources in order to address the needs of the unsheltered. The survey also found that there was a general lack of interest from the County and other private entities to develop a shelter in the ES Overlay. They concluded that the lack of interest was not a result of impediments that fall within the scope of factors outlined for the emergency shelter program. The City is exploring partnering with the Orange County Council of Government to reevaluate the City program and pursue changes that could facilitate a shelter. 36 48
1 23 4
Name of Program Objective Timeframe in H.E Status of Program Implementation Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.

Table D
Program Implementation Status pursuant to GC Section 65583 Program 7: Affordable Housing Development
5) Annually, evaluate available housing funding programs administered by the State HCD and if appropriate, pursue funding for affordable housing (new construction, acquisition/rehabilitation, infrastructure improvements, and other housing assistance).

Ongoing. Ongoing.

The City continues to explore funding opportunities and will explore development opportunities with developers and non-profits to build more affordable units or to help convert existing homes as affordable units. Staff continues to provide letters of support for affordable housing developers’ applications. The City plans to develop marketing and economic development strategies to implement the Centennial General Plan land use goals. Staff consults the HCD website to identify funding sources for affordable housing and meet with housing organizations annually.

Program 8: Accessory Dwelling Units (ADUs)
1) Develop a monitoring program to ensure City is on track to meet the ADU construction goals:a) If by October 2025 the City is not on track in meeting its ADU goal of 120 units, review and revise policies and efforts to increase ADU construction as necessary.2) Facilitate ADU construction through:a) Developing a one-stop shop to assist homeowners to prioritize issues in building ADUs by 2022.b) At least semi-annually, promoting the use of preapproved site/floor plans for ADU created by the Orange County Council of Governments (OCCOG), such as through the City’s newsletter and other social media platforms.c) Pursuing funding at the State level to assist lower income homeowners in developing ADUs.

Ongoing. Completed:
1) The City has a permit tracking system to inventory ADUs so staff can monitor progress towards its construction goals. The City reviews and permits Accessory Dwelling Units (ADUs) in conformance with State law. Staff continues to improve public information on ADU standards on the City website and handouts. Since 2021, the City has issued permits for 45 ADUs. 2) The City is working with OCCOG on a REAP funded initiative to develop pre-approved plans for ADUs among other resources to assist homeowners develop ADUs by simplifying the review process and reducing costs. The City will continue to explore State funding programs to subsidize ADU construction. 37 49
1 23 4
Name of Program Objective Timeframe in H.E Status of Program Implementation Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.

Table D
Program Implementation Status pursuant to GC Section 65583 Program 9: Pursue Funding Sources and Programs
1) Continue to apply for and administer CDBG grants annually.2) Pursue funding from sources such as the Permanent Local Housing Allocation (PLHA), CalHome or CalHFA to assist in housing rehabilitation, homeownership, and ADU development.3) Provide letters of support to affordable housing developers’ applications to local, State, and Federal agencies for funding, provided the proposed projects are consistent with the goals and policies of the City’s General Plan.

Ongoing. Ongoing.
1-2) In 2023 the City administered $31,635 of CDBG grant funds to four organizations that provide services for case management, food, health care, rent and utility assistance, and transitional housing services. The City will continue to apply for and administer CDBG grants. City will also look for new funding opportunities and partnerships. 3) The City continues to explore funding opportunities and will explore development opportunities with developers and non-profits to build more affordable units or to help convert existing homes as affordable units. Staff continues to provide letters of support for affordable housing developers’ applications. The City plans to develop marketing and economic development strategies to implement the Centennial General Plan land use goals. Staff consults the HCD website to identify funding sources for affordable housing and meet with housing organizations annually.

Program 10: Acquisition and Conversion of MarketRate Housing to Affordable Housing 1) At least every other year, discuss with non-profit organizations or affordable housing developers the opportunity to collaborate in purchasing a site to be used as transitional housing and/or long- term permanent housing with the goal of increasing the affordable housing inventory by 446 lower income units by 2029.2) On an ongoing basis, work with Code Enforcement to evaluate substandard properties as opportunities for rehabilitation as affordable housing units. Develop a list of potential properties and update annually. Offer the list to nonprofit housing developers.

For 1, every other year. For 2, ongoing.

Ongoing.1) In November 2022, the City initiated a process that is ongoing to rezone canididate sites with a housing overlay and adopting objective design standards. This process includes outreach with affordable housing developers on opportunities to facilitate housing production. The City continues to explore funding and development opportunities with developers and non-profits to build more affordable units or to help convert existing homes as affordable units. Staff continues to provide letters of support for affordable housing developers’ applications. The City plans to develop marketing and economic development strategies to implement the Centennial General Plan land use goals.2) In 2023, the City will colloborate with the Fair Housing Foundation and nonprofit housing developers to get input on the creation of a list to maintain and expand through the planning period.

Program 11: Sustainable Policies
1) Continue to implement the Sustainability Action Plan.2) Continue to promote resident participation in available PACE programs by providing links to these programs on City website.

Ongoing. Ongoing.

The City will provide links on its website and continue to implement the Sustainablity Action Plan. As an implemention measure, the City requires housing development to comply with current Green Building Codes to ensure energy and water conservation and require new units to have solar-ready roofs. 38 50
1 23 4
Name of Program Objective Timeframe in H.E Status of Program Implementation Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.

Table D
Program Implementation Status pursuant to GC Section 65583 Program 12: Affirmatively Furthering Fair Housing
1) Implement the City's actions for addressing fairhousing issues and concerns identified in Table 5-2.

According to Housing Action Plan Table 5-2
Ongoing.The City contracts with Fair Housing Foundation (FHF) to provide fair housing services to City residents, including low-and-moderate income and special needs populations. Services include (1) Discrimination Complaint Intake and Investigation, (2) Outreach and Education, (3) Landlord/Tenant Counseling, and (4) Affirmatively Further Fair Housing Activites. In 2022/2023, FHF staff had contact with Human Affairs Committee staff. FHF participated in the Human Affairs Committee Community Resource Fair were FHF hosted a resource table and discussed services, distributed literature, and answered housing related questions. FHF conducted one Fair Housing Workshop where participants learned about Fair Housing Laws, Landlord/Tenant rights & responsibilities along with newer housing protections. FHF also provided a presentation to Community Outreach Alliance regarding fair housing services. FHF distributed over 2,097 pieces of fair housing literature in English and Spanish and public service announcements were aired on the City's cable station.

Program 13: Social Services Grant Program
1) Continue to provide grant applications for housing
funds annually.
2) Provide assistance to approximately 2,000 persons
with special needs, including homeless, seniors and
disabled persons, on an annual basis through grant
awards.

Ongoing. Ongoing.

The City awarded Family Assistance Ministries (FAM) and Laura's house $22,600 in CDBG funds to support housing and supportive service for households at risk of homelessness and for those that are homeless. The organizatrions provided services to 2,098 people.

Program 14: Zoning Ordinance Amendments
1) Complete the above necessary amendments to the
Zoning Ordinance by the end of 2022, except whereotherwise noted. 2) Monitor the Zoning Ordinance for any potential
constraints to the development of housing, including
the City’s procedures for multi-family housing, andprocess.

For 1, by 2022. For 2, ongoing.

Completed.1) In December 2022, the City updated its Zoning Ordinance for compliance with State law. In November 2022, the City initiated a process that is ongoing to initiate rezoning of candidate sites with a housing overlay and adopting objective design standards. The objective design standards will also be applied to byright approval of housing projects and SB35 streamlined developments. This project is ongoing withconsultant, staff, and Planning Commission review and completion planned for 2024.2) The City continues to monitor the Zoning Ordinance and process amendments as needed to ensureregulations are consistent with State law and remove barriers to affordable housing construction. In 2023, the City adopted amendments that simplifies the review process of residential development in certain proximity to historic resources.
39 51
1 23 4
Name of Program Objective Timeframe in H.E Status of Program Implementation Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.

Table D
Program Implementation Status pursuant to GC Section 65583 Program 15: Monitoring of Emergency Shelter Overlay
1) Provide information to property owners and tenantsin the Rancho San Clemente Business Park regardingthe ES Overlay, including the purpose and intent behind the requirement to accommodate emergency sheltersites in the City. 2) Evaluate the rideshare program annually and work
with the vendor to improve the program or findalternatives to the program.

Ongoing. Ongoing.
1) The City provides information to the property owners and public on its website and in the process of doing asserssments of the ES overlay.2) The City had its soft launch of the ride share program on October 9, 2016, and official launch on April 3,2018. The City commits to evaluate and address the effectiveness of the rideshare program regularly. The City sent a progress letter to HCD (dated 10/25/18) on the effectiveness of the rideshare program (SC Rides) - a partnership with Lyft and ButterFLi to offer transit. San Clemente continued to offer the service in 2023 during the pandemic that decreased demand for public transportation services. In 2023, approximately 38,971 rides were provided as of December 31, 2023. Especially during the pandemic, the Public Works department staff focus has been doing outreach to portions of the population that may not be aware of theprogram and are underserved. Recent outreach has included working with the Orange County Social Services agency, as well as other nonprofits serving underserved populations, such as the YMCA chapter inOrange County. The City has also continued to work with OCTA to improve the program and increase access to the services. On top of establishing a toll free phone number (1-844-440-4672) for riders who need ADA accessible ride services, the City has also worked with the assisted ride vendor for the program (Butterfli) to establish an online booking interface, for users to book rides in addition or instead of the toll free phonenumber. OCTA has continued to work with the City to support and fund ADA ride services 100% for this program. The City has also expanded the eligible service area around each bus stop from a .1 mile radius to a .25 mile radius, to further extend accessibility for program users.(continued in row below) Program 15: Monitoring of Emergency Shelter Overlay
Objective 2 (Continued) Ongoing. The subsidized cost for the SC Rides services remains constant, matching the original cost offered by the 191 and 193 OCTA bus routes. Through the OCTA grant, the City already covers a majority of the costs for program users. However, those that may not have the ability to pay the base program fare may be able to receive direct ride assistance from either the City through their Lyft account, or from a local nonprofit. In the past, local nonprofits have worked to offset the base fare costs, including historical partners such as Family Assistance Ministries (FAM), a homeless and housing nonprofit organization located within the ES Overlay; and by Mercy House, a homeless outreach provider. In these select cases, the City or the nonprofit could book rides for the rider directly, ensuring the pickup and destination location. 40 52
1 23 4
Name of Program Objective Timeframe in H.E Status of Program Implementation Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.

Table D
Program Implementation Status pursuant to GC Section 65583 Program 15: Monitoring of Emergency Shelter Overlay
3) In the event an emergency shelter is proposed, the City will work with the social service providers and shelter proponents to determine if the rideshare program serves as a feasible transportation option, or secure other alternatives while avoiding burden and costs on the applicants.4) Should an emergency shelter locate in the business park, the City would work with or partner with the emergency shelter operator to evaluate and implement options for providing transit service to and from the emergency shelter from existing transit routes.

Ongoing. Ongoing.
3-4) No shelter has been proposed. If a shelter is proposed, the City will implement this program as described.

Program 15: Monitoring of Emergency Shelter Overlay
5) At least every two years and as emergency shelters are proposed, assess and update the City’s unmet homeless shelter needs, upon review and analysis of reliable data and consideration of input from service providers and public input in a City Council meeting. The unmet homeless shelter needs will be updated when:a) Results of the Biannual Homeless Census (point-intime) conducted by the Orange County Continuum of Care are available. Annually, the City will participant in the Homeless Census to obtain a specific homeless count for San Clemente, with specific counts for sheltered versus unsheltered homeless.b) Emergency shelters will be allowed without discretionary action until the unsheltered homeless need identified in this assessment is met and continue to be permitted through a discretionary review process.

For 5, every two years.

Completed.The Housing Element was certified in October 2022. In November 2022, the City initiated a process that is ongoing to rezone canididate sites with a housing overlay and adopting objective design standards. This process includes outreach with affordable housing developers on opportunities to facilitate housing production. The Orange County Continuum of Care conducted the most recent Point In Time Count and survey on January 22, 2024. The last Point In Time Count occurred in January, 2022, and the results are not anticipated until May or June 2024. In May of 2022, the County of Orange released the results of the 2022 Point In Time Count, which found that there are 81 unsheltered homeless and 50 sheltered in the City of San Clemente. The number of unsheltered individuals dropped by 15 compared to the 2019 point in time count. Since 2021, the City has allocated funds from the Community Development Block Grant and from PLHA funding sources to provide for two limited term full time positions for Community Outreach Workers to serve as liaisons with the local unsheltered population. The City completed a survey in 2021 and found that there was no interest from shelter providers in establishing one in San Clemente. The survey found that Shelter Operators would not allow homeless persons from other cities to utilize available beds. San Clemente is supportive of collaborating with neighboring cities to apply for State grants and other resources in order to address the needs of the unsheltered.
41 53
1 23 4
Name of Program Objective Timeframe in H.E Status of Program Implementation Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.

Table D
Program Implementation Status pursuant to GC Section 65583 Program 15: Monitoring of Emergency Shelter Overlay
c) Significant changes in the housing market conditions occur that would impact the City’s homeless shelter needs between the Homeless Censuses. The City will consult homeless service providers to establish the appropriate modifications to the established unmet homeless shelter needs.d) Significant changes to the City’s homeless strategy occur, such as funding available for homeless housing programs that would reduce the unmet shelter needs.

Ongoing. Same as row above.

Program 15: Monitoring of Emergency Shelter Overlay
6) In 2023, update the Emergency Shelter Overlay (ESO) development standards, including but not limited to bed-limit, caps, and maximum separation requirements to reflect and accommodate the most recent point-intime count, and parking, to ensure development standards comply with State law and are not impediments to siting shelters. In 2024, evaluate additional areas in the City for inclusion in the ESO, including evaluation of access to transportation and services. As a result of the analysis, amend the ESO in 2025 to ensure the ESO consists of up to five to ten acres that is suitable for development with access to transportation and services.

For 6, in 2023. Completed.

In December 2022, the City adopted updates to the Zoning Ordinance for consistency with State law. In November 2022, the City initiated a process that is ongoing to rezone candidate sites with a housing overlay and adopt objective design standards. The objective design standards will also be applied to by-right approval of housing projects and SB35 streamlined developments. This project is ongoing with consultant, staff, and Planning Commission review and completion planned for 2024. 42 54
1 23 4
Name of Program Objective Timeframe in H.E Status of Program Implementation Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.

Table D
Program Implementation Status pursuant to GC Section 65583 Program 16: Neighborhood Revitalization Program
1) Continue to implement the Neighborhood Revitalization Program and advertise at least annually the availability of this program to eligible residents and property owners by announcing in City magazines, placing flyers at all City buildings, posting on City website and social media. Code Enforcement also refers eligible property owners to the City’s various programs for assistance.2) Provide 20 loans through the Home Rehabilitation Program during the Housing Element planning period.3) Annually, explore and pursue if appropriate, housing funding programs administered by the State HCD to expand the City’s Neighborhood Revitalization Program.

Ongoing. Completed:

The City continues to provide CDBG grants for housing rehabilitation to improve neighborhoods. The program is advertised by brochures in City buildings, the City Magazine, Press Releases, and by the Code Enforcement Division. Since 2014, the City has provided 35 loans through the Home Rehabilitation Program.

In 2023, the City funded six loans for the rehabilitiation of housing units using CDBG funds: 3 homeowners were extremely low-income (0%-30% of the county median income or less) and 3 homeowners were very lowincome (30%-50%).

Program 17: Preserve At-Risk Housing
1) Monitor status of affordable units by maintaining contact with property owners and monitoring updates from websites such as the California Housing Preservation Commission.2) Ensure property owners adhere to new state noticing requirements prior to conversion – three- year, oneyear, and six-month notices are required.3) Solicit interest and participation of nonprofit housing developers to acquire and preserve the at- risk units as affordable units.4) Provide letters of support to affordable housing developers’ and non-profit applications to local, State, and Federal agencies for funding. See also Programs 7 and 9.

Ongoing. Ongoing.

The City maintains a contact list to monitor status of affordable units with property managers. Staff also evaluates units at risk of converting to market rate housing, and none of the affordable housing units are at risk within the 10 year planning period (2021-2029). The City continues to explore funding opportunities and will explore development opportunities with developers and non-profits to build more affordable units or to help convert existing homes as affordable units. Staff continues to provide letters of support for affordable housing developers’ applications. The City plans to develop marketing and economic development strategies to implement the Centennial General Plan land use goals. 43 55
1 23 4
Name of Program Objective Timeframe in H.E Status of Program Implementation Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.

Table D
Program Implementation Status pursuant to GC Section 65583 Program 17: Preserve At-Risk Housing
5) Continue to work under contract with the Fair Housing Foundation (FHF) and/or other qualified fair housing service providers to provide fair housing services for all segments of the community, including tenant education and assistance. By the end of 2022 and annually thereafter, conduct outreach and education to landlords and tenants regarding the State’s new source of income protection (SB 329 and SB 229) that recognizes public assistance such as Housing Choice Vouchers (HCV) and Veterans Assistance Supportive Housing (VASH) as legitimate source of income for rent payments. See also Program 12.

Annually. Ongoing.

The City contracts with Fair Housing Foundation (FHF) to provide fair housing services to City residents, including low-and-moderate income and special needs populations. Services include (1) Discrimination Complaint Intake and Investigation, (2) Outreach and Education, (3) Landlord/Tenant Counseling, and (4) Affirmatively Further Fair Housing Activites. In 2022/2023, FHF staff had contact with Human Affairs Committee staff. FHF participated in the Human Affairs Committee Community Resource Fair were FHF hosted a resource table and discussed services, distributed literature, and answered housing related questions. FHF conducted one Fair Housing Workshop where participants learned about Fair Housing Laws, Landlord/Tenant rights & responsibilities along with newer housing protections. FHF also provided a presentation to Community Outreach Alliance regarding fair housing services. FHF distributed over 2,097 pieces of fair housing literature in English and Spanish and public service announcements were aired on the City's cable station. 44 56
Jurisdiction San Clemente ANNUAL ELEMENT PROGRESS REPORT Reporting Period 2023 (Jan. 1 - Dec. 31) Housing Element ImplementationPlanning Period 6th Cycle 10/15/2021 - 10/15/2029 Description of
Commercial
Development Bonus
Commercial Development
Bonus Date Approved
34 APN Street Address Project Name+
Local
Jurisdiction
Tracking ID+
Very Low
Income
Low
Income
Moderate
Income
Above Moderate
Income
Description of
Commercial
Development Bonus
Commercial Development
Bonus Date Approved
Summary Row: Start Data Entry Below
Units Constructed as Part of Agreement
Commercial Development Bonus Approved pursuant to GC Section 65915.7 Table E
Note: "+" indicates an optional field
Project Identifier
1 2
Cells in grey contain auto-calculation formulas
(CCR Title 25 §6202)
Annual Progress Report January 2020 45
57 Jurisdiction San Clemente ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Period 2023 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulasPlanning Period 6th Cycle 10/15/2021 - 10/15/2029 The description should adequately document how each unit complies with subsection (c) of Government Code Section 65583.1+.

For detailed reporting requirements, see the chcklist here:

Extremely LowIncome+ Very Low- Income+ Low-Income+ TOTAL UNITS+ Extremely Low- Income+ Very Low- Income+ Low-Income+ TOTAL UNITS+ https://www.hcd.ca.gov/communityͲ development/docs/adequateͲsitesͲchecklist.pdf Rehabilitation ActivityPreservation of Units At-RiskAcquisition of UnitsMobilehome Park PreservationTotal Units by Income Table F
Please note this table is optional: The jurisdiction can use this table to report units that have been substantially rehabilitated, converted from non-affordable to affordable by acquisition, and preserved, including mobilehome park preservation, consistent with the standards set forth in Government Code section 65583.1, subdivision (c). Please note, motel, hotel, hostel rooms or other structures that are converted from nonresidential to residential units pursuant to Government Code section 65583.1(c)(1)(D) are considered net-new housing units and must be reported in Table A2 and not reported in Table F.

Activity Type
Units that Do Not Count Towards RHNA+
Listed for Informational Purposes Only
Units that Count Towards RHNA +
Note - Because the statutory requirements severely limit what can be counted, please contact HCD at [email protected] and we will unlock the form which enable you to populate these fields.

Units Rehabilitated, Preserved and Acquired for Alternative Adequate Sites pursuant to Government Code section 65583.1(c) Annual Progress Report January 2020 46
58 ---
-
Jurisdiction San Clemente ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field
Reporting Period 2023 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulasPlanning Period 6th Cycle 10/15/2021 - 10/15/2029 Notes
23 6
Prior APN+ Current APN Street Address Project Name+ Local Jurisdiction Tracking ID Unit Category (2 to 4,5+) Tenure R=Renter Very Low- Income Deed Restricted Very Low- Income Non Deed Restricted Low- Income Deed Restricted Low- Income Non Deed Restricted Moderate- Income Deed Restricted Moderate- Income Non Deed Restricted Above Moderat e- Income Total Moderate Income Units Converted from Above Moderate Date Converted Notes Summary Row: Start Data Entry Below 0 0 0 0 0 00 0
Table F2
Above Moderate Income Units Converted to Moderate Income Pursuant to Government Code section 65400.2 For up to 25 percent of a jurisdiction’s moderate-income regional housing need allocation, the planning agency may include the number of units in an existing multifamily building that were converted to deed-restricted rental housing for moderate-income households by the imposition of affordability covenants and restrictions for the unit. Before adding information to this table, please ensure housing developments meet the requirements described in Government Code 65400.2(b). 5 Project Identifier Unit Types
1 4
Affordability by Household Incomes After Conversion Units credited toward Moderate Income RHNA 47 59
-
I I
LJ
Jurisdiction San Clemente
Reporting Period 2023 (Jan. 1 - Dec. 31)Planning Period 6th Cycle 10/15/2021 - 10/15/2029 ANNUAL ELEMENT PROGRESS REPORT Housing Element Implementation
23 4
APN Street Address Project Name+
Local
Jurisdiction
Tracking ID+
Realistic
Capacity
Identified in the
Housing
Element
Entity to whom the site
transferred Intended Use for Site
1 Summary Row: Start Data Entry Below
Note: "+" indicates an optional fieldCells in grey contain auto-calculation formulas Table G
Locally Owned Lands Included in the Housing Element Sites Inventory that have been sold, leased, or otherwise disposed of Project Identifier
NOTE: This table must only be filled out if the housing element sites inventory contains a site which is or was owned by the reporting jurisdiction, and has been sold, leased, or otherwise disposed of during the reporting year. 48 60
.--------,,-
Jurisdiction San Clemente Note: "+" indicates an optional field Reporting Period 2023
(Jan. 1 - Dec.
31)
Cells in grey contain auto-calculation
formulas
Designation Size Notes
1 23 4 5 6 7
APN Street Address/Intersection Existing Use Number of Units Surplus Designation Parcel Size (in acres) Notes 678-163-01 Avenida La Pata/West Avenida Vista Hermosa Vacant Surplus Land 2.29690-372-03 754 Avenida Acapulco Vacant Surplus Land 0.17690-012-01 100 Avenida Presidio Vacant Surplus Land 2.89 690-012-02 100 Avenida Presidio Vacant Surplus Land 1.82 NOTE: This table must contain an invenory of ALL surplus/excess lands the reporting jurisdiction owns Summary Row: Start Data Entry Below
Parcel Identifier

ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
Table H
Locally Owned Surplus Sites
For Orange County jurisdictions, please format the APN's as follows:999-999-99 49 61
~
Jurisdiction San Clemente ANNUAL ELEMENT PROGRESS REPORT Reporting Period 2023 (Jan. 1 - Dec. 31) Housing Element ImplementationPlanning Period 6th Cycle 10/15/2021 - 10/15/2029 Project Type Date
Units
(Beds/Student
Capacity) Granted
Notes
23 5 6
APN Street Address Project Name+
Local
Jurisdiction
Tracking ID+
Unit Category
(SH - Student
Housing)
Date
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed
Restricted
Above
ModerateIncome
Total Additional
Beds Created Due
to Density Bonus
Notes
Summary Row: Start Data Entry Below
Note: "+" indicates an optional field
Cells in grey contain auto-calculation formulas
Table J
Student housing development for lower income students for which was granted a density bonus pursuant to subparagraph (F) of paragraph (1) of subdivision (b) of Section 65915 Project Identifier Units (Beds/Student Capacity) Approved 1 4
NOTE: STUDENT HOUSING WITH DENSITY BONUS ONLY. This
table only needs to be completed if there were student housing projects WITH a density bonus approved pursuant to
Government Code65915(b)(1)(F)
Annual Progress Report January 2020 50
62 ,----,-
Jurisdiction San Clemente ANNUAL ELEMENT PROGRESS REPORT Reporting Period 2023 (Jan. 1 - Dec. 31)Planning Period 6th Cycle 10/15/2021 - 10/15/2029 No
Does the Jurisdiction have a local tenant preference policy? If the jurisdiction has a local tenant preference policy, provide a link to the jurisdiction's webpage on their internet website containing authorizing local ordinance and supporting materials.

Notes
Table K
Tenent Preference Policy
Local governments are required to inform HCD about any local tenant preference ordinance the local government maintains when the jurisdiction submits their annual progress report on housing approvals and production, per Government Code 7061 (SB 649, 2022, Cortese). Effective January 1, 2023, local governments adopting a tenant preference are required to create a webpage on their internet website containing authorizing local ordinance and supporting materials, no more than 90 days after the ordinance becomes operational.
51 63
Jurisdiction San Clemente
Reporting Year 2023 (Jan. 1 - Dec. 31)
Total Award Amount Total award amount is autoͲpopulated based on amounts entered in rows 15Ͳ26.

Task $ Amount Awarded
$ Cumulative
Reimbursement
Requested
Other
Funding Notes
Sites analysis, rezoning, and
environmental review $238,594.15 $238,594.15 Other
Currently inͲprogress to complete the rezoningphase of the project. Other funding includes$209,990 City general funds and $46,000 SB2 grant funding.

Objective design standards
adoption $61,405.85 $0.00 None Started project task in October of 2022. A request for reimbustrement has not been completed, since the project is inͲprogress.

Summary of entitlements, building permits, and certificates of occupancy (autoͲpopulated from Table A2) Current Year
Deed Restricted 0Non-Deed Restricted 0Deed Restricted 1Non-Deed Restricted 6 Completed Entitlement Issued by Affordability Summary
Income Level
Very Low
Low

ANNUAL ELEMENT PROGRESS REPORT
Local Early Action Planning (LEAP) Reporting
(CCR Title 25 §6202)
Please update the status of the proposed uses listed in the entity’s application for funding and the corresponding impact on housing within the region or jurisdiction, as applicable, categorized based on the eligible uses specified in Section 50515.02 or 50515.03, as applicable.
300,000.00 $
Task Status
In Progress
Other (Please Specify in Notes)
52 64
-
Deed Restricted 0
Non-Deed Restricted 9
9 25
Current Year
Deed Restricted 0Non-Deed Restricted 1Deed Restricted 0Non-Deed Restricted 14Deed Restricted 0Non-Deed Restricted 10 1035
Current Year
Deed Restricted 0Non-Deed Restricted 1Deed Restricted 0Non-Deed Restricted 11Deed Restricted 0Non-Deed Restricted 8 166186
Moderate
Above Moderate
Total Units
Moderate
Above Moderate
Total Units
Building Permits Issued by Affordability Summary
Income Level
Very Low
Low
Total Units
Certificate of Occupancy Issued by Affordability Summary Income Level
Very Low
Low
Moderate
Above Moderate
53 65
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: March 19, 2024 Agenda Item: 10E
Submitted By: Code Compliance Division
Prepared By: Danielle Sorahan, Code Compliance Manager
Subject:
..titl e
ESTABLISHMENT OF WEED ABATEMENT PROGRAM FOR 2024 ..body Fiscal Impact:

The Weed Abatement Program is budgeted annually from the General Fund and $160,000 was appropriated for fiscal year 2023-2024 to cover all program costs (Acct. # 001-452-43000).

Summary:

Each year, the City of San Clemente Code Compliance Division administers the City’s Weed Abatement Program. To initiate the Weed Abatement Program for 2024, the City Council is requested to adopt the proposed resolution to declare weeds, rubbish, refuse, and dirt upon streets, sidewalks, parkways, and private property to be public nuisances. The intent of the weed abatement process is to reduce the possibility of weed and debris fires in San Clemente.

Background:

In early March, the City’s Weed Abatement Contractor compiled a list of 541 vacant properties using the County Assessors’ database. Included on the Vacant Lot List (Attachment 2) are such vacant lots, as well as unoccupied, developed properties. Each listed property owner will be notified of the public hearing/abatement process as required by Section 39567.1 of the Government Code.

At the City Council meeting of April 16, 2024, the City Council will consider a resolution establishing an "Order to Abate" weeds and debris, with an attached exhibit of the list of properties to be included in the program. After adoption of the resolution, the Weed Abatement Contractor will clear the properties not cleared by their owners by May 15th.

Discussion:

Historically, each year, the City Council adopts a resolution (Attachment 1) pursuant to the Government Code section 39561 that finds and declares weeds and trash on specific parcels of property to be a seasonal and recurrent nuisance. This year, these properties are specified in the list provided as Attachment 2. The proposed resolution sets a public hearing (in accordance with Section 39568 of the Government Code) to consider all objections to the abatement.

Following adoption of the proposed resolution, a letter of notification will be mailed to the owners of vacant properties or unoccupied, developed properties on or about April 1, 2024. This letter notifies these owners of their responsibility to remove weeds, trash and debris, and the requirement to maintain their properties in this manner for the remainder of the calendar year. 1 Meeting Date: March 19, 2024 Agenda Item: 10E

CITY OF SAN CLEMENTE
This letter gives the owners until May 15, 2024 to clear their vacant or unoccupied, developed properties.

To carry out the Weed Abatement program, the City assesses each private lot requiring weed abatement an administrative fee of $200. The City then bills the owners of properties cleared by the Weed Abatement Contractor the cost of abatement plus the $200 administrative fee. Unpaid bills are sent to the County for placement of liens to recover these costs. Historically, the City Council has waived the City’s notification costs for the property owners who abate weeds on their own properties. Last year, the cost waived totaled $2,620.45. In addition to private-property weed abatement activities, the City also pays the Weed Abatement Contractor to clear City-owned lots.

In 2023, this service cost the City $118,533.20. Over the last three years, the total annual cost of the Weed Abatement Program was $134,233 in 2021, $132,043 in 2022, and $141,960.87 in 2023.

City Council is requested to adopt a resolution that initiates the 2024 Weed Abatement Program.

The proposed resolution also sets a public hearing for the first City Council meeting in May to hear objections to the weed abatement process.

City Council Options:
 Adopt Resolution 24-40 Initiating the Weed Abatement Program for 2024, which would set a date for a City Council public hearing on April 16, 2024 to hear and consider all objections or protests, if any, to the proposed abatement of weeds growing upon or in front of the properties identified in the Vacant Lot List.
 Continue the Item with direction for staff to provide additional information.  Deny Resolution 24-40 with direction to reconsider the item. Denying the item without direction to reconsider the item would result in not establishing the Weed Abatement program for 2024.

Recommended Actions:

Staff Recommendation ..recommendation
STAFF RECOMMENDS THAT the City Council initiate the Weed Abatement Program for 2024 by adopting Resolution No. 24-40 entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, PURSUANT TO SECTION 39561 AND 39562 OF THE

CALIFORNIA GOVERNMENT CODE DECLARING WEEDS, RUBBISH, REFUSE, AND DIRT

UPON STREETS, SIDEWALKS, PARKWAYS, AND PRIVATE PROPERTY TO BE PUBLIC NUISANCES AND PROVIDING FOR THE ABATEMENT THEREOF.”
..end
Attachment:

1. Resolution No. 24-40

2. Vacant Lot List
Notification:

None.
2 Attachment 1
RESOLUTION NO. 24-40

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, PURSUANT TO
SECTIONS 39561 AND 39562 OF THE CALIFORNIA

GOVERNMENT CODE DECLARING WEEDS, RUBBISH,

REFUSE, AND DIRT UPON STREETS, SIDEWALKS,

PARKWAYS, AND PRIVATE PROPERTY TO BE PUBLIC

NUISANCES AND PROVIDING FOR THE ABATEMENT
THEREOF.

THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE HEREBY
RESOLVES AS FOLLOWS:

SECTION 1. Pursuant to the provisions of California Government Code Sections 39561 and 39562, the City Council of the City of San Clemente determines and declares the following to be public nuisances:
(a) All weeds as defined in Government Code Section 39561.5 that are growing upon the streets, sidewalks, or private property in the City; and
(b) All rubbish, refuse, and dirt upon parkways, sidewalks, or private property in the City.

SECTION 2. The properties upon which, or in front of which, the nuisances described in Section 1 exist are identified in Attachment 2 to the City Council Agenda Report dated March 19, 2024, to which this Resolution is Attachment 1, listed by owner, street address, and Assessor's parcel number.

SECTION 3. Notice is hereby given that Tuesday, April 16, 2024 at 6:00 o'clock p.m. is hereby fixed as the time for the City Council to conduct a public hearing to hear and consider all objections or protests, if any, to the proposed abatement of weeds growing upon or in front of the properties identified in Section 2 above and the abatement of all rubbish, refuse, and dirt upon or in front of the said properties.

SECTION 4. The City Clerk of the City of San Clemente is hereby instructed to prepare and cause to be mailed written notice of the proposed abatement to all persons owning property described in Section 2 above. The Clerk shall cause such written notice to be mailed to each person to whom such property is assessed as shown on the equalized assessment roll available on the date of this resolution. Said mailings shall comply with Government Code Section 39567.1 and the notice shall be substantially in the form provided by Section 39566, except that it shall be signed by the City Clerk and the heading may but need not comply with Section 39565. 3 Resolution No. 24-40 Page 2
PASSED AND ADOPTED this day of ,
.

ATTEST:

City Clerk of the City of Mayor of the City of
San Clemente, California San Clemente, California

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 24-40 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 ,
.

Approved as to form:

CITY CLERK of the City of
San Clemente, California
Elizabeth A. Mitchell, City Attorney
4 Attachment 2 – Vacant Lot List is on file with the City Clerk. 5 5
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: March 19, 2024 Agenda Item: 10F
Submitted By: Public Works
Prepared By: Amir Ilkhanipour, Principal Civil Engineer Subject:
..titl e

CONSIDERATION OF A RESOLUTION TO ACCEPT AND FILE NOTICE OF COMPLETION FOR BRIDGE DEMOLITION AND REMOVAL FROM METROLINK YARD, PROJECT NO. 11810 ..body
Fiscal Impact:

The total demolition and removal cost of $60,078 is within the approved budget of $60,078 from the General Fund, Account No. 014-811-45300-000-11810.

Summary:

Before the City Council is the acceptance and Notice of Completion (Attachment 2) for the Bridge Demolition and Removal from Metrolink Yard.

Background:

On February 20, 2024, the City Council ratified an emergency construction contract with Diamond Construction & Design for the Bridge Demolition and Removal from Metrolink Yard (Attachment 3). On January 15, 2024, the Mariposa Pedestrian Beach Trail Bridge between Mariposa and El Portal beach accesses was closed due to damage to the City’s bridge caused by a coastal bluff failure. Continued slope movement detached two 86 foot bridge spans from their supports on January 24, 2024, and debris from the slope covered a portion of the railroad tracks shutting down train service. To temporarily stabilize the landslide material and return train service, Orange County Transportation Authority (OCTA) and Metrolink removed the City’s two bridge spans and began grading. The removed bridge spans were relocated to Metrolink’s construction yard (see Attachment 1 for Location Map). Due to limited space, Metrolink requested the City’s removal of the bridge sections as soon as possible.
1 Meeting Date: March 19, 2024 Agenda Item: 10F

CITY OF SAN CLEMENTE
The final cost of the demolition and removal is $60,078.

Council Options:
 Adopt Resolution No. 24-41 (Attachment 4), which would accept the completed demolition and removal work for the Bridge Demolition and Removal from Metrolink Yard, Project No. 11810.  Adopt Resolution No. 24-41 with modifications.
 Continue the item with direction to provide additional information.

Environmental Review/Analysis:

This project was previously determined to be statutorily exempt from the California Environmental Quality Act (CEQA) because it is an “Emergency Project” pursuant to Section 15269 of the state CEQA Guidelines (14 CCR 15269).

Recommended Actions:

STAFF RECOMMENDS THAT the City Council adopt Resolution No. 24-41, which would:
mmen

1. Accept the Bridge Demolition and Removal from Metrolink Yard, Project No. 11810, from Diamond Construction & Design;

2. Authorize the Public Works Director/City Engineer to execute and record the Notice of Completion for the completed Bridge Demolition and Removal from Metrolink Yard; and

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, Diamond Construction & Design. ..recommendation
..end
Attachment:

1. Location Map

2. Notice of Completion

3. Staff Report dated February 20, 2024

4. Resolution No. 24-41
Notification:

None.
2 !(
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Metrolink Construction Yard
Bridge Trail Bridge
© OpenStreetMap (and) contributors, CC-BY-SA
I
0 3,250 6,500 1,625
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910 Calle Negocio
San Clemente, CA 92673
City of San Clemente

LOCATION MAP
Pedestrian Bridge
Demolition and Removal
from MetroLink Yard
Attachment 1
S:\cu\public\CMMS\GIS\Users Files\Emily Sherwood\Projects\Mariposa Bridge Presentation\Location Map Bridge Removal.mxd 3 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: Bridge Demolition and Removal from Metrolink Yard, Project No. 11810

2. Date of completion: February 22, 2024

3. Street address or legal description of the project site: Mariposa Pedestrian Bridge, 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: Diamond Construction & Design, 921 N. Harbor Blvd. #622, La Habra, CA 90631
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
Attachment 2
4 910 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: February 20, 2024 Agenda Item: 10E
Submitted By: Public Works
Subject:
..titl e

RATIFICATION OF AN EMERGENCY CONSTRUCTION CONTRACT WITH DIAMOND

CONSTRUCTION & DESIGN FOR BRIDGE DEMOLITION AND REMOVAL FROM METROLINK YARD; RATIFICATION OF AN EMERGENCY PROFESSIONAL CONSULTANT

SERVICES AGREEMENT WITH KPFF CONSULTING ENGINEERS FOR INSPECTION AND STRUCTURAL EVALUATION SERVICES DURING BRIDGE REMOVAL; AND APPROVING A SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $69,037 ..body Fiscal Impact:

The emergency construction contract with Diamond Construction & Design for the pedestrian bridge demolition and removal from Metrolink’s yard is for $60,078. The emergency Professional Consultant Services Agreement with KPFF Consulting Engineers for inspection and structural evaluation services during the bridge removal is for $8,959. Therefore, a supplemental appropriation in the amount of $69,037 from the General Fund is requested into Account No. 014- 811-45300-000-11810 to fund the project.

Summary:

On January 15, 2024, the Mariposa Pedestrian Beach Trail Bridge between Mariposa and El Portal beach accesses was closed due to damage to the City’s bridge caused by a coastal bluff failure. Continued slope movement detached two 86 feet bridge spans from their supports on January 24, 2024, and debris from the slope covered a portion of the railroad tracks shutting down train service. To temporarily stabilize the landslide material and return train service, OCTA and Metrolink removed the City’s two bridge spans and began grading. The removed bridge spans were relocated to Metrolink’s construction yard (see attachment 1 for Location Map). Due to limited space, Metrolink requested the City’s removal of the bridge sections as soon as possible.

Before the City Council for consideration is a resolution (Attachment 2) to ratify an emergency construction contract (Attachment 3) with Diamond Construction & Design for the pedestrian bridge demolition and removal from Metrolink’s yard in the amount of $60,078, to ratify an emergency Professional Consultant Services Agreement (Attachment 4) with KPFF for inspection and structural evaluation services during the bridge removal in the amount of $8,959, and to approve a supplemental appropriation in the amount of $69,037.

Background:

Staff requested informal proposals for removal and disposal of the two bridge spans located at Metrolink’s yard, while salvaging the wood planks for City’s future use, from a local contractor (GCI Construction, Inc.) and two other contractors (O’Connell Engineering & Construction, and 51 Meeting Date: February 20, 2024 Agenda Item: 10E

CITY OF SAN CLEMENTE
Diamond Construction & Design), who have all previously satisfactorily completed construction projects for the City. Two proposals were received: from Diamond Construction & Design in the amount of $57,400, and from GCI Construction, Inc. in the amount of $62,900 (which is $58,497 with application of the local vendor preference of 7%).

Staff reviewed the proposals and recommended the City Manager approve an emergency construction contract with Diamond Construction & Design. The final cost of the project was $60,078 due to additional costs to add (1) bonding, the cost of which neither contractor had included in their original informal bids, and (2) removal and disposal of additional debris that was not initially identified by Metrolink when the contractors inspected the site.

Since January 24, 2024 and few days after, during work by Metrolink’s contractor in removal of the bridge spans, City’s consulting structural engineer (i.e., KPFF), who had been previously working for the City in connection with the bridge, was called in and consulted with to provide inspection and structural assessment and participate in meetings with City, OCTA and Metrolink regarding dismantling and demolition of the bridge spans prior to their removal. KPFF submitted an invoice in the amount of $8,959 for the services provided. Staff reviewed the invoice and recommends ratifying an emergency Professional Consultant Services Agreement with KPFF for this expenditure.

Council Options:
 Adopt Resolution No. 24-25 (Attachment 3) ratifying the emergency construction contract with Diamond Construction & Design; ratifying the emergency Professional Consultant Services Agreement with KPFF; and approving a supplemental appropriation in the amount of $69,037.  Continue the Item and direct staff to provide additional information.

Environmental Review/Analysis
This project was previously determined to be statutorily exempt from the California Environmental Quality Act (CEQA) because it is an “Emergency Project” pursuant to Section 15269 of the state CEQA Guidelines (14 CCR 15269).

Recommended Actions:

Staff Recommendation ..recommendation
Adopt Resolution No. 24-25, which would:

1. Make a finding that an emergency existed due to the need for immediate disposal of the damaged two bridge spans of the Pedestrian Beach Trail from the Metrolink Yard due to its limited capacity and required immediate action to protect public health and safety, which might not have been possible to maintain if delays attributable to the typical public competitive bidding process had been incurred;

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

3. Ratify an emergency construction contract with Diamond Construction & Design for the pedestrian bridge demolition and removal from Metrolink’s yard in the amount of $60,078; 62 Meeting Date: February 20, 2024 Agenda Item: 10E

CITY OF SAN CLEMENTE

4. Ratify an emergency Professional Consultant Services Agreement with KPFF Consulting Engineers for inspection and structural evaluation services during the bridge removal in the amount of $8,959; and

5. Approve a supplemental appropriation in the amount of $69,037 from the General Fund is requested into Account No. 014-811-45300-000-11810.
..end
Attachment:

1. Location Map

2. Resolution No. 24-25

3. Emergency Construction Contract with Diamond Construction & Design

4. Emergency Professional Consultant Services Agreement with KPFF Consulting Engineers Notification:

None.
73 !(
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Metrolink Construction Yard
Bridge Trail Bridge
© OpenStreetMap (and) contributors, CC-BY-SA
I
0 3,250 6,500 1,625
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910 Calle Negocio
San Clemente, CA 92673
City of San Clemente

LOCATION MAP
Pedestrian Bridge
Demolition and Removal
from MetroLink Yard
Attachment 1
S:\cu\public\CMMS\GIS\Users Files\Emily Sherwood\Projects\Mariposa Bridge Presentation\Location Map Bridge Removal.mxd 48 ATTACHMENT 2
4882-9904-3949 v1
RESOLUTION NO. 24-25

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, RATIFYING AN

EMERGENCY CONSTRUCTION CONTRACT WITH

DIAMOND CONSTRUCTION & DESIGN FOR BRIDGE

DEMOLITION AND REMOVAL FROM METROLINK YARD
IN THE AMOUNT OF $60,078; RATIFYING AN

EMERGENCY PROFESSIONAL CONSULTANT SERVICES

AGREEMENT WITH KPFF CONSULTING ENGINEERS

FOR INSPECTION AND STRUCTURAL EVALUATION

SERVICES DURING BRIDGE REMOVAL IN THE AMOUNT
OF $8,959.10; AND APPROVING A SUPPLEMENTAL
APPROPRIATION IN THE AMOUNT OF $69,037.10
WHEREAS, on January 15, 2024, the Mariposa Pedestrian Beach Trail Bridge between Mariposa and El Portal beach accesses was closed due to damage to the City’s bridge caused by a coastal bluff failure; and
WHEREAS, on January 24, 2024, continued slope movement detached two 86 feet bridge spans from theirs supports, and debris from the slope covered a portion of the railroad tracks shutting down train service; and
WHEREAS, OCTA and Metrolink removed the City’s two bridge spans to stabilize the landslide material and return train service; and
WHEREAS, the removed bridge spans were relocated to Metrolink’s construction yard and Metrolink requested the City’s removal of the bridge sections from the Metrolink yard as soon as possible due to limited space; and
WHEREAS, staff requested informal proposals for removal and disposal of the two bridge spans located at Metrolink’s yard and received two (2) proposals ranging from $57,400 to $62,900 for the Project; and
WHEREAS, staff reviewed the proposals and recommended that the City Manager declare an emergency and approve a construction contract with Diamond Construction & Design to provide the removal of the two bridge spans from the yard; and WHEREAS, staff consulted with City’s consultant structural engineer (i.e., KPFF Consulting Engineers), who had been previously been working for the City on the bridge, to provide inspection, structural assessment and participate in meetings with City, OCTA and Metrolink regarding dismantling and demolition of the bridge spans prior to removal; and
WHEREAS, KPFF Consulting Engineers submitted an invoice in the amount of $8,959 for the services provided; and
WHEREAS, this project was previously determined to be statutorily exempt from 59 Resolution No. 24-25 Page 2
4882-9904-3949 v1
the California Environmental Quality Act (CEQA) because it is an “Emergency Project” pursuant to Section 15269 of the state CEQA Guidelines (14 CCR 15269).

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 an emergency existed due to the need for immediate disposal of the damaged two bridge spans of the Pedestrian Beach Trail from the Metrolink Yard due to its limited capacity and required immediate action to protect public health and safety, which might not have been possible to maintain if delays attributable to the typical public competitive bidding process had been incurred.

SECTION 3. That the public interest and necessity demanded the immediate expenditure of public funds to safeguard public health.

SECTION 4. That the emergency Construction Contract Agreement for pedestrian bridge demolition and removal from Metrolink’s yard with Diamond Construction & Design in the amount of $60,078 is hereby ratified and approved for execution by the City Manager in a form substantially similar to that presented to the City Council on February 20, 2024.

SECTION 5. That the emergency professional consultant agreement with KPFF Consulting Engineers for inspection and structural evaluation services during the bridge removal in the amount of $8,959.10 is hereby ratified and approved for execution by the City Manager in a form substantially similar to that presented to the City Council on February 20, 2024.

SECTION 6. That a supplemental appropriation in the amount of $69,037.10 from the General Fund into Account No. 014-811-45300-000-11810 is hereby approved.

SECTION 7. That the City Manager, or his designee, is authorized to execute such other documents and take such other and further actions as are necessary and proper to accomplish the purposes of this resolution.

SECTION 8. 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 20th day of February, 2024.

ATTEST:
___________________________ __________________________
City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California
106
Resolution No. 24-25 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. 24-25 was adopted at a regular meeting of the City Council of the City of San Clemente held on the 20th day of February, 2024, 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 _________________, 2024. __________________________
CITY CLERK of the City of
San Clemente, California
Approved as to form:
___________________________
Elizabeth A. Mitchell, City Attorney
117
55452.01510\32977834.2
1 CITY OF SAN CLEMENTE

CONSTRUCTION CONTRACT

PEDESTRIAN BRIDGE DEMOLITION AND REMOVAL FROM METROLINK YARD

1. PARTIES AND DATE.

This Contract is made and entered into this _______day of___________, 2024 by and between the City of San Clemente, a public agency of the State of California (“City”) and Diamond Construction & Design, a California general partnership with its principal place of business at 921 N. Harbor Boulevard, Suite 622, La Habra, CA 90631 (“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 Public Works Demolition and Removal related construction services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the services in the State of California, and that it is familiar with the plans of City. The following license classifications are required for this Project: California Contractor License “A”.

2.3 Project. City desires to engage Contractor to render such services for the Pedestrian Bridge Demolition and Removal from Metrolink Yard (“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”, Scope of Work)
• Plans and Specifications (Exhibit “B”) (N/A)
• 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”) (N/A)
• Insurance Requirements (Exhibit “H)
• Addenda (N/A)
• Change Orders executed by the City (N/A)
ATTACHMENT 3
128
55452.01510\32977834.2
2 • Latest Edition of the Standard Specifications for Public Works Construction (The Greenbook), Excluding Sections 1-8
• Notice Inviting Bids, if any
• Instructions to Bidders, if any
• Contractor’s Bid (See Exhibit “A”)

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

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

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

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

The City has the complete and sole discretion to determine if a material, process or article is an “or equal” material, process or article that may be substituted. Data required to substantiate requests for substitutions of an “or equal” material, process or article data shall 139
55452.01510\32977834.2
3 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 Ten (10) Working Days, beginning the effective date of the Notice to Proceed (“Contract Time”). Contractor shall perform its Work in strict accordance with any completion schedule, construction schedule or project milestones developed by the City. Such schedules or milestones may be included as part of Exhibits “A” or “B” attached hereto, or may be provided separately in writing to Contractor. Contractor agrees that if such Work is not completed within the aforementioned Contract Time and/or pursuant to any such completion schedule, construction schedule or project milestones developed pursuant to provisions of the Contract, it is understood, acknowledged and agreed that the City will suffer damage.

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

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

3.4 Standard of Performance; Performance of Employees. Contractor shall perform all Work under this Contract in a skillful and workmanlike manner, and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Work. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Work assigned to them. Finally, Contractor 1014
55452.01510\32977834.2
4 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 Sixty Thousand Seventy Eight Dollars ($60,078.00) (“Total Contract Price”) provided that such amount shall be subject to adjustment pursuant to the applicable terms of this Contract or written change orders approved and signed in advance by the City.

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

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

3.7.3 Prompt Payment. City shall review and pay all progress payment requests in accordance with the provisions set forth in Section 20104.50 of the California Public Contract 1115
55452.01510\32977834.2
5 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. 1216
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6 3.7.8 Labor and Material Releases. Contractor shall furnish City with labor and material releases from all subcontractors performing work on, or furnishing materials for, the Work governed by this Contract prior to final payment by City.

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

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

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

3.7.12 Payroll Records. Contractor and each subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. The payroll records shall be certified and shall be available for inspection at all reasonable hours at the principal office of Contractor in the manner provided in Labor Code section 1776. In the event of noncompliance with the requirements of this section, Contractor shall have 10 days in which to comply subsequent to receipt of written notice specifying in what respects such Contractor must comply with this section. Should noncompliance still be evident after such 10-day period, Contractor shall, as a penalty to City, forfeit not more than $100.00 for each calendar day or portion thereof, for each worker, until strict compliance is effectuated. The amount of the forfeiture is to be determined by the Labor Commissioner. A contractor who is found to have violated the provisions of law regarding wages on Public Works with the intent to defraud shall be ineligible to bid on Public Works contracts for a period of one to three years as 1317
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7 determined by the Labor Commissioner. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payments then due. The responsibility for compliance with this section is on Contractor.

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

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

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

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

3.8 Performance of Work; Jobsite Obligations.

3.8.1 Water Quality Management and Compliance.

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

3.8.1.2 Compliance with the Statewide Construction General Permit. Contractor shall comply with all conditions of the most recent iteration of the National Pollutant Discharge Elimination System General Permit for Storm Water Discharges Associated with Construction Activity, issued by the California State Water Resources Control Board (“Permit”). It shall be Contractor’s sole responsibility to file a Notice of Intent and procure coverage under the Permit for all construction activity which results in the disturbance of more than one 1418
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8 acre of total land area or which is part of a larger common area of development or sale. Prior to initiating work, Contractor shall be solely responsible for preparing and implementing a Storm Water Pollution Prevention Plan (SWPPP) as required by the Permit. 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 1519
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9 and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the Work and the conditions under which the Work is to be performed. Safety precautions as applicable shall include, but shall not be limited to, adequate life protection and lifesaving equipment; adequate illumination for underground and night operations; instructions in accident prevention for all employees, such as machinery guards, safe walkways, scaffolds, ladders, bridges, gang planks, confined space procedures, trenching and shoring, fall protection and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and adequate facilities for the proper inspection and maintenance of all safety measures. Furthermore, Contractor shall prominently display the names and telephone numbers of at least two medical doctors practicing in the vicinity of the Project, as well as the telephone number of the local ambulance service, adjacent to all telephones at the Project site.

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

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

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

3.8.6 Hazardous Materials and Differing Conditions. As required by California Public Contract Code Section 7104, if this Contract involves digging trenches or other excavations that extend deeper than four (4) feet below the surface, Contractor shall promptly, and prior to disturbance of any conditions, notify City of: (1) any material discovered in excavation that Contractor believes to be a hazardous waste that is required to be removed to a Class I, Class II 1620
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10 or Class III disposal site; (2) subsurface or latent physical conditions at the site differing from those indicated by City; and (3) unknown physical conditions of an unusual nature at the site, significantly different from those ordinarily encountered in such contract work. Upon notification, City shall promptly investigate the conditions to determine whether a change order is appropriate.

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

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

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

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

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

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

3.10 Claims; Government Code Claim Compliance.

3.10.1 Intent. Effective January 1, 1991, Section 20104 et seq., of the California Public Contract Code prescribes a process utilizing informal conferences, non-binding judicial supervised mediation, and judicial arbitration to resolve disputes on construction claims of $375,000 or less. Effective January 1, 2017, Section 9204 of the Public Contract Code prescribes a process for negotiation and mediation to resolve disputes on construction claims. The intent of this Section is to implement Sections 20104 et seq. and Section 9204 of the California Public Contract Code. This Section shall be construed to be consistent with said statutes. 1721
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11 3.10.2 Claims. For purposes of this Section, “Claim” means a separate demand by the Contractor, after a change order duly requested in accordance with the terms of this Contract has been denied by the City, for (A) a time extension, (B) payment of money or damages arising from Work done by or on behalf of the Contractor pursuant to the Contract, or (C) an amount the payment of which is disputed by the City. A “Claim” does not include any demand for payment for which the Contractor has failed to provide notice, request a change order, or otherwise failed to follow any procedures contained in the Contract Documents. Claims governed by this Section may not be filed unless and until the Contractor completes all procedures for giving notice of delay or change and for the requesting of a time extension or change order, including but not necessarily limited to the change order procedures contained herein, and Contractor’s request for a change has been denied in whole or in part. Claims governed by this Section must be filed no later than fourteen (14) days after a request for change has been denied in whole or in part or after any other event giving rise to the Claim. The Claim shall be submitted in writing to the City and shall include on its first page the following in 16 point capital font: “THIS IS A CLAIM.” Furthermore, the claim shall include the documents necessary to substantiate the claim. Nothing in this Section is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims, including all requirements pertaining to compensation or payment for extra Work, disputed Work, and/or changed conditions. Failure to follow such contractual requirements shall bar any claims or subsequent lawsuits for compensation or payment thereon.

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

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

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

3.10.3.3 Chronology of events and correspondence

3.10.3.4 Analysis of claim merit

3.10.3.5 Analysis of claim cost

3.10.3.6 Time impact analysis in CPM format

3.10.3.7 If Contractor’s claim is based in whole or in part on an allegation of errors or omissions in the Drawings or Specifications for the Project, Contractor shall provide a summary of the percentage of the claim subject to design errors or omissions and shall obtain a certificate of merit in support of the claim of design errors and omissions. 1822
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12 3.10.3.8 Cover letter and certification of validity of the claim, including any claims from subcontractors of any tier, in accordance with Government Code section 12650 et seq.

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

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

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

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

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

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

3.10.6.1 If the Parties cannot agree upon a mediator, each Party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each Party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. 1923
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13 3.10.6.2 For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the Parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.

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

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

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

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

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

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

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

3.10.9 Government Code Claims. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such 2024
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14 Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City. A Government Code claim must be filed no earlier than the date the work is completed or the date the Contractor last performs work on the Project, whichever occurs first. A Government Code claim shall be inclusive of all unresolved claims unless a new unrelated claim arises after the Government Code claim is submitted.

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

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

3.12 Indemnification.

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

3.12.2 Additional Indemnity Obligations. In addition, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its officials, employees, agents and authorized volunteers as part of any such claim, suit, action or other proceeding. Contractor shall also reimburse City for the cost of any settlement paid by City or its officials, employees, agents and authorized volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City's attorney's fees and costs, including expert witness fees. Contractor shall reimburse City and its officials, employees, agents and authorized volunteers, for any and all legal expenses and costs incurred by each of them in 2125
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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.

3.14 Bond Requirements.

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

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

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

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

3.15 Warranty. Contractor warrants all Work under the Contract (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the Work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Contract or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the Work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the Work or non-conformance of the Work to the Contract, commence and prosecute with due diligence all Work necessary to fulfill 2226
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16 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.

3.15.1Warranty Bonds. At the time of completion of the project and prior to acceptance, a warranty bond in the amount of 25% of the contract price shall be required for a period of one (1) year after City recordation of Notice of Completion.

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. 2327
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17 3.17 General Provisions.

3.17.1 City’s Representative. The City hereby designates the General Manager, or his or her designee, to act as its representative for the performance of this Contract (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all 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.
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18 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:

CONTRACTOR:

Diamond Construction & Design
921 N. Harbor Boulevard, Suite 622
La Habra, CA 90631
Attn: Stelian Onufrei
CITY:

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

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

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

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

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

3.17.11 Counterparts/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]
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19 3.17.14 Solicitation. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Contract. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, City shall have the right to terminate this Contract without liability.

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.

3.17.21 Federal Provisions. (Not Applicable)
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20 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed on the respective dates set forth opposite of their signatures.

CITY OF SAN CLEMENTE
By:____________________________
Andy Hall, City Manager
ATTEST: Dated: _______________, 2024
_____________________________
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

Diamond Construction & Design

By:_____________________________
Stelian Onufrei, Partner
Dated: __________________, 2024

By:_____________________________
Adrian O’Brian, Partner
Dated: __________________, 2024
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21 EXHIBIT “A”

PEDESTRIAN BRIDGE DEMOLITION AND REMOVAL FROM METROLINK YARD

SCOPE OF WORK
Contractor shall perform the following services to the City’s satisfaction at the following cost:

Item
No.

Item Description Unit of
Measure
Estimated
Quantity
Unit Price Total Item
Cost
1 Mobilization L.S. 1 $1,650 $1,650
2 Cutting and dismantling
bridge members
L.S. 1 $34,000 $34,000
3 Removal and salvaging of
the planks to City Yard
L.S. 1 $19,000 $19,000
4 Contractor’s Staff SCRRA
training class on Monday,
2/5/24 (*)
L.S. 1 $1,000 $1,000
5 Removal of all debris (i.e.
dismantled bridge members)
on Tuesday 2/6/2024 and
Wednesday, 2/7/2024
L.S. 1 $1,750 $1,750
6 Extra work hauling away
bridge metal debris from the
Metrolink Yard after the bids
were received
L.S. 1 $1,500 $1,500
7 Payment and Performance
Bonds Fee
L.S. 1 $1,178 $1,178
Total Price: $60,078
(*) Training class fees paid for by the City.

Contractor is also responsible for providing the following services to the City for no additional cost:
- Delivery of salvage wood planks to the City Yard.
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22 - Recycling steel members and for providing the City with recycling related paperwork upon completion.

There are no reimbursable expenses under this Agreement. 2933

CONTRACT / BID PROPOSAL
DATE: 2/3/2024
PROJECT:

Pedestrian Demolition and Removal
from Metrolink Yard

DIAMOND CONSTRUCTION & DESIGN
921 N Harbor Blvd #622
La Habra, Ca 90631
Tel.: (909) 802-1002
Fax: (714) 276-0596
C/L# 521295
CUSTOMER:

VIA FAX:

ATTN:

Accepted by:

Labor and materials will be provided for:

QTY UNIT SCOPE OF WORK: COST TOTAL
1 LS Mobilization 1,650.00 1,650.00
1 LS Cutting and dismantling bridge members 34,000.00 34,000.00 1 LS Removal and salvaging of the planks to City Yard 19,000.00 19,000.00 Contractor’s staff SCRRA training class on
Monday, 2/5/24 (training fees paid by City)
1 LS 1,000.00 1,000.00
Removal of all debris (i.e. dismantled bridge
members) on Tuesday and Wednesday, 2/6 and
2/7/24
1 LS 1,750.00 1,750.00
The extra work hauling away bridge metal debris
from the Metrolink Yard
1 LS 1,500.00 1,500.00
SUBTOTAL $58,900
1 LS BOND FEE 2% 1,178.00 1,178.00
Notes:
- wood planks will be taken to the city yard
- steel will be recycled and paperwork will be
provided upon completion
- procuring payment and performance bond
_____________________________________
General Exclusions: Permit fees, asphalt removal and repair, concrete removal and repair, saw cutting, bonds, import and export of dirt, any hard ground digging not able to be dug by backhoe, de-watering, acid pipe, not responsible for utility lines not shown on plans or located by USA (if encountered), trench drain, grass or landscape replacement, surveying, finish grade, rock and stone digging, slurry, regulators, perforated pipe, grease interceptors, traffic control, meters, parkway drain, vaults, sumpump, pump house, piping and pumps, trash pits, rip rap, paving, and electrical conduits, sewer pump, lift station, gas regulators, culvert. No demo removal of any kind.

NOTE: Change orders will require written authorization. This document will be incorporated into any future contracts. $60,078.00 3034
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EXHIBIT “B”

PLANS AND SPECIFICATIONS

NOT APPLICABLE
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EXHIBIT “C”

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

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

WORKERS COMPENSATION INSURANCE CERTIFICATION

WORKERS' COMPENSATION DECLARATION

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

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

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

Carrier____________________________________________________ Policy Number______________________________________________

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

WARNING: FAILURE TO SECURE WORKERS’ COMPENSATION COVERAGE IS

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

ADDITION TO THE COST OF COMPENSATION, DAMAGES AS PROVIDED FOR IN SECTION 3706 OF THE LABOR CODE, INTEREST, AND ATTORNEY’S FEES. 3337
I.
□
C
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Dated: ________________________, 20____
________________________________
Consultant
By: ________________________________
________________________________
Title
________________________________
Address
________________________________
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EXHIBIT “E”

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

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

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

DIR Registration Number:

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

Name of Contractor
Signature
Name and Title
Dated
1 If the Project is exempt from the contractor registration requirements pursuant to the small project exemption under Labor Code Sections 1725.5 and 1771.1, please mark “Yes” in response to “Small Project Exemption.”
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EXHIBIT “F”

PAYMENT AND PERFORMANCE BONDS
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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:
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- 30 -
(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

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

THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety) ___________________________________________ ___________________________________________
___________________________________________
(Name and Address of Agent or ___________________________________________ Representative for service of
process in California, if different ___________________________________________ from above)
___________________________________________
(Telephone number of Surety and ___________________________________________ Agent or Representative for service
of process in California)
NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.
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Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

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

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

WITNESS my hand and official seal.

Signature of Notary Public

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

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

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
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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 4145
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subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned and the provisions of sections 2819 and 2845 of the California Civil Code.

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

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

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

FEDERAL REQUIREMENTS

NOT APPLICABLE
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EXHIBIT “H”

INSURANCE REQUIREMENTS

3.13 Insurance.

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

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

The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; or (3) contain any other exclusion contrary to the Contract.
(B) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering "Any Auto" (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all activities shall be in an amount of not less than $1,000,000 combined limit for each occurrence (C) Workers' Compensation: Workers' Compensation Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease.
(D) Builder's Risk Insurance [“All Risk”]: Not used
(E) Contractors Pollution Liability: Not used.

3.13.3 Endorsements. Required insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
(A) Commercial General Liability:
(1) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Contract.
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Additional Insured Endorsements shall not (1) be restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Contractor; or (4) contain any other exclusions contrary to the terms of purposes of this Contract.

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

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

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

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

3.13.7 Evidence of Insurance. The Contractor, concurrently with the execution of the Contract, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates on forms approved by the City, together with 4650
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all endorsements affecting each policy. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, and not replaced immediately so as to avoid a lapse in the required coverage, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.

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

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

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

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

3.13.12 Insurance for Subcontractors. Contractor shall include all Subcontractors as additional insureds under the Contractor's policies, or the Contractor shall be responsible for causing Subcontractors to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City, its officials, officers, employees, agents and volunteers as additional insureds to the Subcontractor's policies. All policies of Commercial General Liability insurance provided by Subcontractors shall be endorsed to name the City, its officials, officers, employees, agents and volunteers as additional insureds using endorsement form ISO CG 20 38 04 13. Contractor shall not allow any Subcontractor to commence work until it has received satisfactory evidence of Subcontractor’s compliance with all insurance requirements under this Contract, to the extent applicable. The Contractor shall provide satisfactory evidence of compliance with this section upon request of the City. 4751
ATTACHMENT 4

CITY OF SAN CLEMENTE

PROFESSIONAL CONSULTANT SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into this _____ day of ________, 2024, 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 KPFF Consulting Engineers, a California CORPORATION, with its principal place of business at 400 Oceangate, Suite 500, Long Beach, CA 90802 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. RECITALS.

2.1 Consultant.

Consultant desires to perform and assume responsibility for the provision of certain professional structural assessment consulting services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing professional structural assessment consulting services to public clients, is licensed in the State of California, if applicable, and is familiar with the plans of City.

2.2 Project.

City desires to engage Consultant to render such professional structural assessment consulting services to provide structural inspection during emergency work due to soil failure for Mariposa Pedestrian Bridge, located at the San Clemente Beach Trail, north of the Pier ("Project") as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional services for construction support and special inspection for the Project (“Services”). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

3.1.2 Term. The term of this Agreement shall be from January 2, 2024 to January 2, 2025, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.

3.2 Responsibilities of Consultant.

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

Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on 4852
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behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, nor any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.

3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.

3.2.3 Endorsement on PS&E/ Other Data. Consultant shall sign all plans, specifications, estimates (PS&E) and engineering data furnished by Consultant, and where appropriate will indicate Consultant’s authorized signature and professional registration number.

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

3.2.5 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. The key personnel for performance of this Agreement is as follows: Amethyst Webb, PE, Associate ([email protected]).

3.2.6 City's Representative. The City hereby designates David Rebensdorf, Public Works Director / City Engineer, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Work or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Scope of Work or change the Consultant's total compensation subject to the provisions contained in Section 3.3 of this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee.

3.2.7 Consultant's Representative. Consultant hereby designates Amethyst Webb, PE or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's 4953
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Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

3.2.8 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times.

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

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

3.2.10 Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If Consultant performs any work knowing it to be contrary to such laws, rules and regulations, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees, agents, and volunteers free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.2.11 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions, where applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subconsultants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.

3.2.12 Insurance. Consultant agrees to procure and maintain, at Consultant’s 5054
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expense all insurance specified in Exhibit “C” attached hereto and by this reference incorporated herein. Consultant shall require all subconsultants to carry the same policies and limits of insurance that the Consultant is required to maintain, unless otherwise approved in writing by the City.

3.3 Fees and Payments.

3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "D" attached hereto and incorporated herein by reference. The total compensation shall not exceed Eight Thousand, Nine Hundred and Fifty-Nine Dollars and Ten Cent ($8,959.10) without written approval of the City Council or City Manager as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

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

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

3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "D" of this Agreement.

3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.

Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City.

3.3.5 Rate Increases. In the event that this Agreement is renewed pursuant to Section 3.1.2, the rate set forth in Exhibit “D” may be adjusted each year at the time of renewal as set forth in Exhibit “D.”

3.3.6 Labor Code Requirements.

3.3.6.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment 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 the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or 5155
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alleged failure to comply with the Prevailing Wage Laws.

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

3.4 Accounting Records.

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

3.5 General Provisions.

3.5.1 Termination of Agreement.

3.5.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time, with or without cause, by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause.

3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.

3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:

Consultant: KPFF Consulting Engineers
400 Oceangate, Suite 500 Long Beach, CA
5256
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ATTN: Amethyst Webb, PE, Associate– KPFF PM
City: City of San Clemente
910 Calle Negocio
San Clemente, CA 92673
ATTN: Laura Campagnolo, City Clerk and Director of
Public Works / City Engineer
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.5.3 Ownership of Materials and Confidentiality.

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

Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk.

3.5.3.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

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

Consultant shall have five (5) working days after receipt of the Release Notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal 5357
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action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of the Objection Notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information.

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

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

3.5.6 Indemnification.

3.5.6.1 To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant's Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses. Consultant’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.

3.5.6.2 If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.

3.5.7 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.

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

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

3.5.10 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.
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3.5.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.

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

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

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

3.5.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.

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

3.5.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.5.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

3.5.19 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business 5559
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Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.

3.5.20 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.

3.5.21 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.

3.5.22 Counterparts/Electronic Signatures. This Agreement may be signed in counterparts, each of which shall constitute an original. This Agreement may be signed electronically with the same force and effect as an original, ink signature.

3.6 Subcontracting.

3.6.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
[SIGNATURES ON FOLLOWING PAGE]
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed on the respective dates set forth opposite of their signatures. 5660
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CITY OF SAN CLEMENTE
By:________________________________
ATTEST: David Rebensdorf, Public Works Director
______________________________ Dated: ____________________, 2024 CITY CLERK of the City o
San Clemente, California
APPROVED AS TO FORM:
____________________________
Elizabeth A. Mitchell, City Attorney

APPROVED AS TO AVAILABILITY
OF FUNDING:
________________________________
Finance Authorization

KPFF Consulting Engineers
(“CONSULTANT”)
_____________________________
Amethyst Webb, PE, Associate
_____________________________
Robert Riley, PE, SE Principal

Dated: __________________, 2024
EXHIBIT "A"
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SCOPE OF SERVICES
Consultant shall perform the following services for the City (collectively, the “Services”):
• Coordination with the City – Attend meetings, respond to emails, take phone calls. • Visiting the site for a preliminary condition assessment on January 24, 2024, to observe the current condition of the bridge.
• Summarize Meetings Minutes from meeting with the City post site visit. • Provide knowledge on existing bridge information when requested. • Provide immediate response to structural engineering questions and recommendations. • Visiting the site for team meeting and engineering support during bridge span removal by OCTA and Metrolink on January 25, 2024.
• Create Field Report.
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EXHIBIT "A-I"

FEDERALLY REQUIRED PROVISIONS FOR SERVICES
(Not Applicable)
5963
ATTACHMENT 4
55452.01100\31193624.5
EXHIBIT "B"

SCHEDULE OF SERVICES
Consultant shall perform the Services diligently and according to the timetable requested by the City.
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EXHIBIT “C”

INSURANCE REQUIREMENTS

3.2.12 Insurance.

3.2.12.1 Time for Compliance. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section.

3.2.12.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Consultant, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so.
(A) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 0001, or the exact equivalent, with limits of not less than $1,000,000 per occurrence and no less than $2,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); or (3) containing any other exclusion(s) contrary to the terms or purposes of this Agreement. (B) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering "Any Auto" (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $1,000,000 combined limit for each occurrence. (C) Workers' Compensation: Workers' Compensation
Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease. (D) Professional Liability (Errors & Omissions): Professional Liability insurance or Errors & Omissions insurance appropriate to Consultant’s profession with limits of not less than $1,000,000 per claim. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least three (3) years from termination or expiration of this Agreement.

3.2.12.3 Insurance Endorsements. Required insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
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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 Agreement.

Additional Insured Endorsements shall not (1) be
restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Consultant; or (4) contain any other exclusions contrary to the terms or purposes of this Agreement. For all policies of Commercial General Liability insurance, Consultant shall provide endorsements in the form of ISO CG 20 10 10 01 (or endorsements providing the exact same coverage) to effectuate this requirement.
(2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (B) Automobile Liability:
(1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.

3.2.12.4 Professional Liability (Errors & Omissions):
(A) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (B) Contractual Liability Exclusion Deleted: This insurance shall include contractual liability applicable to this Agreement. The policy must “pay on behalf of” the insured and include a provision establishing the insurer’s duty to defend.

3.2.12.5 Workers' Compensation:
(A) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.

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

3.2.12.7 Waiver of Subrogation. All policies of Commercial General Liability and Automobile Liability insurance shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against the City, its officials, officers, employees, agents, and volunteers, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
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3.2.12.8 Deductibles and Self-Insured Retentions. Any deductible or selfinsured retention greater than $5,000 must be approved in writing by the City and shall protect the City, its officials, officers, employees, agents, and volunteers in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.

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

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

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

3.2.12.12 Enforcement of Agreement Provisions (non estoppel).

Consultant acknowledges and agrees that actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligation on the City nor does it waive any rights hereunder.

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

3.2.12.14 Insurance for Subconsultants. Consultant shall include all subconsultants engaged in any work for Consultant relating to this Agreement as additional insureds under the Consultant's policies, or the Consultant shall be responsible for causing subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City, its officials, officers, employees, agents, and volunteers as additional insureds to the subconsultant's policies. All policies of Commercial General Liability insurance provided by Consultant’s subconsultants performing work relating to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and 6367
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volunteers as additional insureds using endorsement form ISO CG 20 38 04 13 or an endorsement providing equivalent coverage. Consultant shall not allow any subconsultant to commence work on any subcontract relating to this Agreement until it has received satisfactory evidence of subconsultant’s compliance with all insurance requirements under this Agreement, to the extent applicable. The Consultant shall provide satisfactory evidence of compliance with this section upon request of the City.
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EXHIBIT “D”

COMPENSATION
In full compensation for the Services performed by Consultant under this Agreement, the City shall pay the Consultant the following lump sum fees based on the tasks identified below:

COST
1 -Preliminary Condition Assessment $ 4,748.70
2- Structural Engineering Support $4,130.00
3- Mileage $80.40
TOTAL: $8,959.10
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WORKER’S COMPENSATION INSURANCE CERTIFICATION

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

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

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

WARNING: FAILURE TO SECURE WORKERS’ COMPENSATION

COVERAGE IS UNLAWFUL, AND SHALL SUBJECT AN EMPLOYER TO

CRIMINAL PENALTIES AND CIVIL FINES UP TO ONE HUNDRED THOUSAND DOLLARS ($100,000), IN ADDITION TO THE COST OF COMPENSATION, DAMAGES AS PROVIDED FOR IN SECTION 3706 OF THE LABOR CODE, 6670
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INTEREST, AND ATTORNEY’S FEES.

Dated: ________________________, 20____
________________________________
Consultant
By: ________________________________
________________________________
Title
________________________________
Address
________________________________
6771
Attachment 2
4882-9904-3949 v1
RESOLUTION NO. 24-41

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, ACCEPTING AND FILING

NOTICE OF COMPLETION FOR THE BRIDGE

DEMOLITION AND REMOVAL FROM METROLINK YARD,
PROJECT NO. 11810
WHEREAS, the Mariposa Pedestrian Beach Trail Bridge between Mariposa and El Portal beach accesses were damaged by a coastal bluff failure that resulted in detachment of two 86 feet bridge spans from their supports on January 24, 2024, and debris from the slope covered a portion of the railroad tracks shutting down train service; and
WHEREAS, in order to temporarily stabilize the landslide material and return train service, OCTA and Metrolink removed the City’s two bridge spans for grading. The removed bridge spans were relocated to Metrolink’s construction yard. Due to limited space, Metrolink requested the City’s removal of the bridge sections as soon as possible; and
WHEREAS, this project demolished and removed the two bridge spans from Metrolink yard.

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 the Bridge Demolition and Removal from Metrolink Yard, Project No. 11810, is hereby accepted from Diamond Construction & Design.

SECTION 3. That the Public Works Director/City Engineer is hereby authorized to execute and record a Notice of Completion for the completed Bridge Demolition and Removal from Metrolink Yard.

SECTION 4. That the City Clerk is hereby authorized 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, Diamond Construction & Design.

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. 72 Resolution No. 24-41 Page 2
4882-9904-3949 v1
PASSED AND ADOPTED this _____ day of ____________________, 2024.

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. 24-41 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
73 910 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: March 19, 2024 Agenda Item: 10G
Submitted By: Public Works
Prepared By: Amir Ilkhanipour, Principal Civil Engineer Subject:
..titl e

CONSIDERATION OF A RESOLUTION TO ACCEPT AND FILE A NOTICE OF COMPLETION FOR THE PRIMA DESHECHA CANADA CHANNEL (FACILITY NO. M01) WALL STABILIZATION AT GRANDE VISTA; AND APPROVING A SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $35,000 FOR DESIGN SERVICES TO REBUILD THE CHANNEL WALL ..body
Fiscal Impact:

The total construction cost of $79,415 is within the approved budget of $99,585 in the Storm Drain Depreciation Fund, Account No. 059-553-43420-000-26001. A supplemental appropriation in the amount of $35,000 to Account Number 059-553-43420-000-26001 from the Storm Drain Depreciation Fund is requested for design services and preparation of a bid package for rebuilding the channel wall.

Summary:

Before the City Council is the acceptance and Notice of Completion (Attachment 2) for the Prima Deshecha Canada Channel (Facility No. M01) Wall Stabilization at Grande Vista, as shown on the Location Map (Attachment 1), and approving a supplemental appropriation in the amount of $35,000 for design services and preparation of a bid package for rebuilding the channel wall.

Background:

On February 20, 2024, the City Council awarded a construction contract to Diamond Construction & Design for the Prima Deshecha Canada Channel (Facility No. M01) Wall Stabilization at Grande Vista project (Attachment 3). The work consisted of removal of some debris, temporary stabilization of the slope by placing riprap at the toe, and diversion of water to the other side of the channel. This temporary remedial work provides additional protection from further distress due to slope saturation or movement, as a more comprehensive design for the repair of the failed wall is being completed.
1 Meeting Date: March 19, 2024 Agenda Item: 10G

CITY OF SAN CLEMENTE
Channel Before Wall Failure
Channel After Wall Failure
Channel After Temporary Slope Repair
A summary of the total construction expenditures is provided below:

Construction Administration, Management & Inspection: $ 2,200 Construction Contract: 77,215
Total Construction Cost $ 79,415
2 Meeting Date: March 19, 2024 Agenda Item: 10G

CITY OF SAN CLEMENTE
While funding was appropriated for the initial temporary repair, staff is recommending a supplemental appropriation of $35,000 for design services, including: structural and geotechnical services for rebuilding the channel wall and preparation of a bid package for public advertising. At the time of construction contract award, staff will be coming back to the City Council to request funding for rebuilding the channel wall.

Council Options:
 Adopt Resolution No. 24-42 (Attachment 4), which would accept the completed construction work for the Prima Deshecha Canada Channel (Facility No. M01) Wall Stabilization at Grande Vista and approve a supplemental appropriation in the amount of $35,000.  Adopt Resolution No. 24-42 with modifications.
 Continue the item with direction to provide additional information.

Environmental Review/Analysis
Acceptance and filing of a notice of completion is not a project pursuant to the California Environmental Quality Act (CEQA). The work undertaken was previously determined to be categorically exempt from CEQA under Class 1 (Existing Facilities - 14 CCR §15301) of the State CEQA Guidelines. Staff anticipates finding the permanent repairs that are being designed to also be categorically exempt from CEQA under Class 1 of the State CEQA Guidelines.

Recommended Actions:

STAFF RECOMMENDS THAT the City Council adopt Resolution No. 24-42, which would:

1. Accept Prima Deshecha Canada Channel (Facility No. M01) Wall Stabilization at Grande Vista, Project No. 26001, from Diamond Construction & Design;

2. Authorize the Public Works Director/City Engineer to execute and record the Notice of Completion for the completed Prima Deshecha Canada Channel (Facility No. M01) Wall Stabilization at Grande Vista;

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, Diamond Construction & Design; and

4. Approve a supplemental appropriation in the amount of $35,000 to Account Number 059-553- 43420-000-26001 from the Storm Drain Depreciation Fund for the Prima Deshecha Canada Channel (Facility No. M01) Wall Stabilization at Grande Vista for design services. ..recommendation
..end
Attachment:

1. Location Map

2. Notice of Completion

3. Staff Report dated, February 20, 2024

4. Resolution No. 24-42
3 Meeting Date: March 19, 2024 Agenda Item: 10G

CITY OF SAN CLEMENTE
Notification:

None.
4 VIA SENDA

VIA MONTECITO VIA SANTO TOMAS

VIA VISTOSA

VIA CASA L

AVE VAQUERO

VIA VERBENA AVE VAQUERO VIA MONTEGO VIA BANDITA VIA LADO

VIA MONTECITO

CLE VISTA TORITO VIA MONTEGO

MONTE VIS

VIA CASCADITA

VIA BREVE

VIA SAN GORGONIO VIA SAN JACINTO

LA VENTANA

VIA CORBINA
CAM.

CAPISTRANO

VIA ANDA

CLE GRANDE VIS
M01 Grande Vista
Channel Wall Stabilization
PN 26001

NOT TO SCALE

PROJECT

LOCATION
ATTACHMENT 1
5 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: Prima Deshecha Canada Channel (Facility No.

M01) Wall Stabilization at Grande Vista, CIP Project No. 26001

2. Date of completion: February 12, 2024

3. Street address or legal description of the project site: 2914 Calle Grande Vista, San Clemente, CA 92672

4. Name of owner: City of San Clemente

5. Interest or estate of owner: Easement

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

7. Name and address of contractor: Diamond Construction & Design, 921 North Harbor Boulevard Suite #622, La Habra, CA, 90631
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
6 910 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: February 20, 2024 Agenda Item: 10F
Submitted By: Public Works
Subject:
..titl e

RATIFICATION OF AN EMERGENCY CONSTRUCTION CONTRACT WITH DIAMOND CONSTRUCTION & DESIGN FOR PRIMA DESHECHA CANADA CHANNEL (FACILITY NO. M01) WALL STABILIZATION AT GRANDE VISTA PROJECT; APPROVING A PROJECT CONTINGENCY; AND APPROVING A SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $99,585 ..body Fiscal Impact:

A supplemental appropriation in the amount of $99,585 to Account Number 059-553-43420-000- 26001 from the Storm Drain Depreciation Fund is requested for the Prima Deshecha Canada Channel (Facility No. M01) Wall Stabilization at Grande Vista.

Summary:

On February 5, 2024, a portion of the Prima Deshecha Canada Channel (Facility No. M01) channel wall adjacent to Calle Grande Vista between Calle Grande Vista and the Shorecliffs Golf Course failed. See the location map (Attachment 1) for the approximate location of the damaged channel wall.

Before the City Council for consideration is a resolution to ratify an emergency construction contract with Diamond Construction & Design for the Prima Deshecha Canada Channel (Facility No. M01) Wall Stabilization at Grande Vista, in the amount of $77,215, approve a 19% project contingency and approve a supplemental appropriation in the amount of $99,585 to fund the project.

Background:

On February 5, 2024, a portion of the Prima Deshecha Canada Channel (Facility No. M01) channel wall failed. Repairs were unable to be completed due to the continued rainfall and the large amount of runoff through the channel. During this time the slope and nearby residence were monitored.

Staff requested proposals from three contractors, including one local contractor (GCI Construction, Inc.) within the City for the removal of the damaged wall and other debris, the stabilization of the slope and the temporary diversion of the waters within the channel to further protect the slope from added erosion at the base of the slope. All three of these companies have completed previous projects for the City satisfactorily. Staff received two proposals in the amounts of $77,215 and $142,000 from Diamond Construction & Design and Harbor Coating & Restoration, respectively.

Staff reviewed the two proposals and recommended that the City Manager declare an emergency and approve a construction contract with Diamond Construction & Design to complete repairs for 71 Meeting Date: February 20, 2024 Agenda Item: 10F

CITY OF SAN CLEMENTE
the stabilization of the channel wall. The construction contract has been drafted and signed by Diamond Construction & Design (Attachment 2) and it before the City Council for ratification. The work must be completed before additional precipitation occurs and potentially increases to the deterioration of the channel wall and adjacent slope.

Based on the low bid, the estimated construction cost for this project is as follows:

Construction Administration, Management & Inspection: $ 7,700 Construction Contract: 77,215
Contingency (19%): 14,670
Total Estimated Construction Cost: $ 99,585
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.

Council Options:
 Adopt Resolution No. 24-26 (Attachment 3) ratifying the Emergency Construction Contract with Diamond Construction & Design, approving a 19% project contingency and approving a supplemental appropriation in the amount of $99,585.
 Continue the Item and direct staff to provide additional information.

Environmental Review/Analysis:

This project was determined to be categorically exempt from the California Environmental Quality Act (CEQA) as it pertains to the repair of an already existing flood control channel under Class 1 of the state CEQA Guidelines, Section 15301 – Existing Facilities. A notice of exemption has been filed for this project (See Attachment 4).

Recommended Actions:

Staff Recommendation ..recommendation
Adopt Resolution No. 24-26, which will:

1. Make a finding that an emergency existed due to the need for immediate channel and slope stabilization and required immediate action to protect public health and safety, which might not have been possible if delays attributable to the typical public competitive bidding process had been incurred;

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

3. Approve a supplemental appropriation in the amount of $99,585 to Account Number 059-553- 43420-000-26001 from the Storm Drain Depreciation Fund for the Prima Deshecha Canada Channel (Facility No. M01) Wall Stabilization at Grande Vista;

4. Ratify the Construction Contract with Diamond Construction & Design for an amount not to exceed $77,215 for the stabilization of the M01 channel wall and its adjacent slope; and 28 Meeting Date: February 20, 2024 Agenda Item: 10F

CITY OF SAN CLEMENTE

5. Approve a 19% project contingency of $14,670.
..end
Attachment:

1. Location Map

2. Draft Contract

3. Resolution 24-26

4. Notice of Exemption
Notification:

All bidders.
39 Attachment 4
4882-9904-3949 v1
RESOLUTION NO. 24-42

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, ACCEPTING AND FILING

NOTICE OF COMPLETION FOR THE PRIMA DESHECHA
CANADA CHANNEL (FACILITY NO. M01) WALL
STABILIZATION AT GRANDE VISTA, PROJECT NO. 26001;

AND APPROVING A SUPPLEMENTAL APPROPRIATION IN
THE AMOUNT OF $35,000 FOR DESIGN SERVICES TO

REBUILD THE CHANNEL WALL
WHEREAS, on February 20, 2024, the City Council awarded a construction contract to Diamond Construction & Design for the Prima Deshecha Canada Channel (Facility No. M01) Wall Stabilization at Grande Vista, CIP Project No. 28206; and WHEREAS, an emergency was declared that required immediate channel and slope stabilization efforts to protect public health and safety as a result of heavy rains causing a failure of the channel wall; and
WHEREAS, the stabilization efforts are located on the slope adjacent to 2914 Calle Grande Vista and in the existing M01 channel. The project was conducted immediately as permitted when precipitation ceased; and
WHEREAS, as a result of the emergency repair work, the slope has been stabilized to protect both the adjacent property and the damaged channel wall while allowing for the continued operation of the drainage channel which the rebuilding of the channel wall could be designed and bid out.

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 the Prima Deshecha Canada Channel (Facility No. M01) Wall Stabilization at Grande Vista, CIP Project No. 26001, is hereby accepted from Diamond Construction & Design.

SECTION 3. That the Public Works Director/City Engineer is authorized and directed to execute and record the Notice of Completion for the Prima Deshecha Canada Channel (Facility No. M01) Wall Stabilization at Grande Vista, CIP Project No. 26001.

SECTION 4. That 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, Diamond Construction & Design.

SECTION 5. That the a supplemental appropriation in the amount of $35,000 to 10 Resolution No. 24-42 Page 2
4882-9904-3949 v1
Account Number 059-553-43420-000-26001 from the Storm Drain Depreciation Fund for the Prima Deshecha Canada Channel (Facility No. M01) Wall Stabilization at Grande Vista 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 ____________________, 2024.

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. 24-42 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
11 910 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: March 19, 2024 Agenda Item: 10H
Submitted By: Public Works
Prepared By: Masako Hennequin, Associate Civil Engineer Subject:
..titl e

CONSIDERATION OF A RESOLUTION TO ACCEPT AND FILE A NOTICE OF COMPLETION FOR THE FY 2023 AS-NEEDED PAVEMENT REPAIRS (TRACT 852), CIP PROJECT NO. 23306 ..body
Fiscal Impact:

The total project construction cost of $501,129 is within the approved construction budget of $643,750.

Summary:

Before the City Council is a Resolution and Notice of Completion for the FY 2023 As-Needed Pavement Repairs (Tract 852), as shown on the Location Map (Attachment 2).

Background:

On June 6, 2023, the City Council awarded a construction contract to ONYX Paving Company, Inc. for the FY 2023 As-Needed Pavement Repairs (Tract 852). The project included asphalt pavement replacement, replacing concrete curb and gutter, sidewalk and driveway approaches, striping, and removing and replacing water meter boxes.

The project construction cost summary is as follows:

Construction $486,229
Construction Management and Inspection 14,900
Total Project Construction Cost $501,129
Council Options:
 Adopt Resolution No. 24-43, which would accept the completed FY 2023 As-Needed Pavement Repairs (Tract 852), CIP Project No. 23306.
 Modify and adopt Resolution No. 24-43.
 Continue the item with direction to provide additional information.

Environmental Review/Analysis:

This project was previously determined to be categorically exempt from the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities, 14 CCR section 15301) of the State CEQA Guidelines.
1 Meeting Date: March 19, 2024 Agenda Item: 10H

CITY OF SAN CLEMENTE
Recommended Actions:

Staff recommends that the City Council Adopt Resolution No. 24-43, which will:

1. Accept the FY 2023 As-Needed Pavement Repairs (Tract 852), CIP Project No. 23306, from ONYX Paving Company, Inc.;

2. Authorize the Public Works Director to execute and record the Notice of Completion for the FY 2023 As-Needed Pavement Repairs (Tract 852), CIP Project No. 23306; and

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, ONYX Paving Company, Inc. ..recommendation
..end
Attachment:

1. Resolution No. 24-43

2. Location Map

3. Notice of Completion

4. Staff Report dated June 6, 2023 (without attachments) Notification:

None.
2 Attachment 1
RESOLUTION NO. 24-43

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, ACCEPTING AS
COMPLETE THE FY 2023 AS-NEEDED PAVEMENT
REPAIRS (TRACT 852) (CIP PROJECT NO. 23306)
WHEREAS, on June 6, 2023, the City Council awarded a construction contract to Onyx Paving Company, Inc. for FY 2023 As-Needed Pavement Repairs (Tract 852), CIP Project No. 23306; and
WHEREAS, the work consisted of asphalt concrete pavement repairs, reconstructing concrete curb and gutter, curb ramps, sidewalk and driveway approaches, and replacing water meter boxes; and
WHEREAS, Onyx Paving Company, Inc. has completed the work to the satisfaction of the Public Works Director.

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.

Section 2. That the City Council hereby accepts as complete the As-Needed Pavement Repairs (Tract 852) (CIP Project No. 23306) from Onyx Paving Company, Inc.

Section 3. That the City Council authorizes the Public Works Director to execute and the City Clerk to record a Notice of Completion for CIP Project No. 23306.

Section 4. That the City Council authorizes the City Clerk to release the payment bond for this project 35 days from the recordation of the Notice of Completion upon verification with the Engineering Division that no liens have been levied against the Onyx Paving Company, Inc.

Section 5. That the City Council authorizes the City Clerk to release the performance bond for this project upon receipt of a warranty bond in a form acceptable to the Public Works Director in the amount of 25% of the total construction cost.

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 ____________________, 2024. 3 Resolution No. 24-43 Page 2
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. 24-43 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 ALCAZAR
S. EL CAMINO REAL
E. AVE CORNELIO
RAMONA W. AVE CORNELIO

AVE JUNIPERO

AVE SAN PABLO
E. AVE JUNIPERO
E. AVE SAN GABRIEL W. AVE SAN GABRIEL
E. AVE DE L

CERRITO
E. AVE RAMONA

REGLA CIR ENTRADA PARAISO

AVE TRIESTE
E. AVE SAN JUAN E. AVE SAN ANTONIO
W. AVE JUNIPERO W. AVE CORNELIO W. AVE RAMONA

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 23306 - new as-needed pavment repairs (tract 852)\06-admin reports\cad\pn23306 location map.dwg 4.17.2023 PROJECT No. 23306 5
ATTACHMENT 1
- PROJECT LOCATION
FY 2023 AS-NEEDED PAVEMENT REPAIRS
(TRACT 852)
Attachment 3
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: FY 2023 As-Needed Pavement Repairs (Tract 852), CIP Project No. 23306.

2. Date of completion: January 25, 2024.

3. Street address or legal description of the project site: W. Avenida San Antonio (S. El Camino Real to end), W. Avenida Ramona (S. El Camino Real to end), W. Avenida Cornelio (S. El Camino Real to end), W. Avenida Junipero (S. El Camino Real to end), W. Avenida San Gabriel (S. El Camino Real to end).

4. Name of owner: City of San Clemente.

5. Interest or estate of owner: Public Facility; Owned in Fee.

6. Address of owner: 910 Calle Negocio, Suite 100, San Clemente, CA 92673

7. Name and address of contractor: ONYX Paving Company, Inc., 2890 E. La Cresta Ave. Anaheim, CA 92806.

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. _________________________________
Dave Rebensdorf, Public Works Director / City Engineer
City of San Clemente
6 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: 7D
Department: Public Works
Prepared By Masako Hennequin, Associate Civil Engineer
Subject:

RESOLUTION AWARDING A CONSTRUCTION CONTRACT TO ONYX PAVING COMPANY, INC.

FOR FY 2023 AS-NEEDED PAVEMENT REPAIRS (TRACT 852), PROJECT NO. 23306,

AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT, AND FINDING THE

PROJECT CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT UNDER CLASS 2 (REPLACEMENT OR RECONSTRUCTION, 14 CCR SECTION 15302) OF

THE STATE CEQA GUIDELINES
Summary:

Before the City Council is the approval of a construction contract with ONYX Paving Company, Inc. in an amount not to exceed $515,000 to provide for the pavement repairs between S. El Camino Real and I-5 on the following streets: W. Ave. San Antonio, W. Ave. Ramona, W. Ave. Carnelio, W. Ave.

Junipero, and W. Ave. San Gabriel as shown on the location map (Attachment 2).

Background:

This project includes asphalt pavement and concrete repair work. The pavement will be ground down and overlaid to repair localized areas and also includes removing and reconstructing deteriorated concrete curb and gutter, curb ramps, sidewalk and driveway approaches. This work also includes removing and replacing seven water meter boxes located within the sidewalk and restriping streets after the completion of pavement repairs.

Bids were opened on May 18, 2023 and the results are presented on the attached Bidder’s Listing (Attachment 3). Bids ranged from $515,000 to $1,014,321.

The lowest responsive bidder was ONYX Paving Company, Inc. of Anaheim, California with a total bid amount of $515,000.

Based on the low bid, the total estimated project cost is $643,750 as summarized below:

Project Cost Summary
Construction $515,000
Construction Design, Management & Inspection (15%) $77,250 Project Contingency (10%) $51,500
Estimated Total Project Cost $643,750
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 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: 7D
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. 23-32, awarding the paving contract to ONYX, authorizing the City Manager to execute a construction contract an amount not to exceed $515,000, plus a 10% project contingency of $51,500, and finding the project categorically exempt from CEQA under Class 2 (Replacement or Reconstruction, 14 CCR section 15302) of the State CEQA Guidelines.
· Modify and adopt Resolution No. 23-32.
· Continue the item with direction to provide additional information. · Do not award the contract or construct the pavement repairs.

Fiscal Impact:

Yes. The estimated total project cost of $643,750 is within the approved budget amount of $690,000.

A balance transfer of $690,000 from account number 042-848-45300-000-13326 FY 2023 Alley Rehabilitation Program to account number 042-848-43420-000-23306 FY 2023 As Needed Pavement Repairs (Tract 852) is needed to fund the project.

Environmental Review/Analysis:

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 Recommendation
Adopt Resolution No. 23-32, which will:

1. Find the FY 2023 As-Needed Pavement Repairs (Tract 852), Project No. 23306 categorically exempt from the California Environmental Quality Act (CEQA) under Class 2 (Replacement or Reconstruction, 14 CCR section 15302) of the State CEQA Guidelines;

2. Award the FY 2023 As-Needed Pavement Repairs (Tract 852), Project No. 23306, contract to ONYX Paving Company, Inc.;

3. Authorize the City Manager to execute a contract by and between the City of San Clemente and ONYX Paving Company, Inc. in an amount not to exceed $515,000, plus a 10% project contingency of $51,500, for the FY 2023 As-Needed Pavement Repairs (Tract 852), Project No. 23306, in a form substantially similar to Contract No. C23-25 (Attachment 4); and

4. Approve and authorize the budget transfer of $690,000 from account number 042-848-45300- 000-13326 FY 2023 Alley Pavement Rehabilitation, Project No. 13326 to account number 042- 848-43420-000-23306 FY 2023 As-Needed Pavement Repairs (Tract 852), Project No. 23306.

CITY OF SAN CLEMENTE Page 2 of 3 Printed on 6/1/2023
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Meeting Date: 6/6/2023 Agenda Item: 7D
Attachment:

1. Resolution No. 23-32

2. Location Map

3. Bidders List

4. Contract
Notification:

None
CITY OF SAN CLEMENTE Page 3 of 3 Printed on 6/1/2023
powered by Legistar™ 93
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: March 19, 2024 Agenda Item: 10I
Submitted By: Beaches, Parks and Recreation
Prepared By: Samantha Wylie, Beaches, Parks and Recreation Director Subject:
..titl e

CONTRACT AWARD
..body FOR THE GOLF COURSE MASTER PLAN UPDATE
Fiscal Impact:

The total contract cost is not to exceed $56,120 and is funded through the FY 2023-24 Annual Budget.

Summary:

The San Clemente Municipal Golf Course Master Plan was last updated in 2001, which largely addressed the upgrades and modernization of the Pro Shop and Clubhouse. Prior to that date, the Golf Course Master Plan was updated in the 1980s when it performed modifications to the greens and overall course structure. As the Golf Course is considered a valuable recreational amenity and asset to the City’s portfolio, a comprehensive master plan update will ensure the Course’s viability, sustainability, and alignment with the community needs and priorities for the next 15-20 years.

Background:

The Beaches, Parks and Recreation Department issued a formal Request for Proposal (“RFP”) on PlanetBids and to solicit professional consultants for a comprehensive master plan update for the Golf Course. Staff also attempted to find local businesses to submit proposals but were unable to find local vendors who specialize in golf course architecture, design, and management.

Based on the operational needs of the golf course, the scope of services requested included the following:

A. Hole-by-hole analysis and recommendations.

B. Building assessment and recommendations.

C. Irrigation systems analysis and recommendations.

D. Practice area recommendations.

E. Tree assessment and recommendations.

F. Pro Shop and Starter Office assessment and recommendations.

G. Restaurant and event services assessments and recommendations.

H. Staffing and Equipment evaluation.

In response to the RFP, six responsive proposals were received ranging from $55,000 to $60,000. Below is a matrix of costs by company, none of whom are local vendors. The vendor nearest to San Clemente was based out of Oceanside, but did not have demeonstrated experience or a background in golf course architecture and design. All proposals are on file with the Beaches, Parks & Recreation Department.
1 Meeting Date: March 19, 2024 Agenda Item: 10I

CITY OF SAN CLEMENTE

COMPANY TOTAL FEE
Danner Golf $55,800
Richardson Golf/NGF $59,940
Sirius Golf $55,000
Norby Golf $60,000
THK Associates $56,120
PdMC $59,730
All proposals were evaluated, and the top five companies were interviewed by a panel of City staff representatives from Beaches, Parks & Recreation Department, Golf Maintenance, and Public Works Maintenance, and two representatives from the Golf Course Committee. The companies interviewed demonstrated substantial experience in the field of golf course planning and included the following: (1) Danner Golf; (2) Richardson Golf/NGF; (3) Sirius Golf; (4) Norby Golf; and (5) THK Associates, Inc. Upon conclusion of interviews, it was determined that THK Associates submitted a proposal that exhibited a qualified project team, aligned with the desires of the golf course mission and vision for the implementation of a master plan update.

The recommended firm, THK Associates, anticipates the project to take four to five months and will include several opportunities for public input and participation.

Council Options:
 Adopt Resolution No. 24-44, which will authorize the City Manager to execute a Professional Services Agreement with THK Associates, Inc. for the preparation of a master plan update of the San Clemente Municipal Golf Course.
 Modify and adopt Resolution No. 24-44.
 Continue the Item and direct staff to provide additional information.  Deny the request to share consultant costs.

Environmental Review/Analysis:

This contract award is not a project under the California Environmental Quality Act (“CEQA”).

During the updating of the master plan of the golf course further environmental analysis will be performed when needed.

Recommended Actions:

Staff Recommendation
..recommendation
Staff recommends the City Council Adopt Resolution No. 24-44, which will authorize the City Manager to execute a Professional Services Agreement with THK Associates, Inc. for the preparation of an update to the San Clemente Municipal Golf Course Master Plan in an amount not to exceed $56,120.
..end
2 Meeting Date: March 19, 2024 Agenda Item: 10I

CITY OF SAN CLEMENTE
Attachment:

1. Resolution No. 24-44

2. Professional Services Agreement with THK Associates, Inc.

3. THK Associates, Inc. Proposal for the San Clemente Municipal Golf Course Master Plan Update

4. Request for Proposals (RFP) – San Clemente Municipal Golf Course Comprehensive Master Plan Update
Notification:

Danner Golf
Norby Golf
PdMc Consulting, Inc.

Richardson Golf/NGF
Sirius Golf
THK Associates, Inc.
3 ATTACHMENT 1
RESOLUTION NO. 24-44

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, AUTHORIZING THE CITY

MANAGER TO EXECUTE AN AGREEMENT WITH THK
ASSOCIATES, INC. FOR THE IMPLEMENTATION OF A

COMPREHENSIVE MASTER PLAN UPDATE OF THE SAN

CLEMENTE MUNICIPAL GOLF COURSE IN AN AMOUNT
NOT TO EXCEED $56,120
WHEREAS, the City of San Clemente recognizes the importance of maintaining and improving public facilities within the community; and
WHEREAS, since 1928, the San Clemente Municipal Golf Course has been a valued recreational asset that serves residents and visitors alike; WHEREAS, the master plan for the San Clemente Municipal Golf Course is in need of an update to ensure its continued viability, sustainability, and alignment with community needs and priorities; and
WHEREAS, after a competitive procurement process, THK Associates, Inc. has been identified as the most qualified firm to execute the master plan update based on their expertise, experience, and proposed approach and its fee is fair and reasonable.

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 considered findings by the City Council and incorporated into the body of this resolution fully.

Section 2. A Professional Services Agreement for the execution of a comprehensive master plan update of the San Clemente Municipal Golf Course is awarded to THK Associates, Inc. based their proposal dated November 22, 2023, and the terms outlined therein, which on file with the City Clerk.

Section 3. That the City Manager is hereby authorized and directed to execute a Professional Services Agreement with THK Associates, Inc. on behalf of the City of San Clemente in an amount not to exceed $56,160 in form substantially similar to that presented to the City Council on March 19, 2024 and to execute such other documents and take such other and further actions as are necessary and proper to accomplish the purposes of this resolution.

Section 4. That the City of San Clemente expresses its appreciation to all firms that submitted proposals for their interest in this project.

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. 4 Resolution No. 24-44 Page 2
PASSED AND ADOPTED this _____ day of ____________________, _______.

ATTEST:
___________________________ __________________________
City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California
5 Resolution No. 24-44 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. 24-44 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
6 ATTACHMENT 2

CITY OF SAN CLEMENTE

PROFESSIONAL CONSULTANT SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into this _____ day of ________, 2024, (“Effective Date”) 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 THK Associates, Inc., a Colorado corporation, with its principal place of business at 2953 S Peoria St Ste 101, Aurora, CO 80014 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. RECITALS.

2.1 Consultant.

Consultant desires to perform and assume responsibility for the provision of certain professional golf course master planning and consulting services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing professional golf course master planning and consulting services to public clients, is licensed in the State of California, if applicable, and is familiar with the plans of City.

2.2 Project.

City desires to engage Consultant to render such professional golf course planning and consulting services for the San Clemente Municipal Golf Course Comprehensive Master Plan Update project ("Project") as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional golf course master planning consulting services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

3.1.2 Term. The term of this Agreement shall be from the Effective Date to April 30, 2025, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.

3.2 Responsibilities of Consultant.

3.2.1 Independent Contractor; Control and Payment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. 7 2
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Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control, the City being only concerned with the finished results of the work being performed. Neither City, nor any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be solely responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Neither Consultant nor Consultant's employees shall in any event be entitled to any benefits to which City employees are entitled, including, but not limited to, overtime, retirement benefits, workers’ compensation benefits, injury leave or other leave benefits. Consultant is solely responsible for all such matters, as well as compliance with social security and income tax withholding and all other regulations and laws governing such matters.

3.2.2 PERS Eligibility and Employee Payments Indemnification. In the event that Consultant's employee providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employer and employee contributions for PERS benefits on behalf of the employee as well as for payment of any penalties and interest on such contributions that would otherwise be the responsibility of the City. Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Consultant's employees providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation and benefit including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contributions to be paid by City for employer contributions and/or employee contributions for PERS benefits. Consultant agrees to defend and indemnify the City for any obligation, claim, suit or demand for tax, retirement contribution including any contribution to the PERS, social security, salary or wages, overtime payment, or workers’ compensation payment that the City may be required to make for work done under this Agreement. The provisions of this section 3.2.2 are continuing obligations that shall survive expiration or termination of this Agreement.

3.2.3 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.

3.2.4 Endorsement on PS&E/ Other Data. Consultant shall sign all plans, specifications, estimates (PS&E) and engineering data furnished by Consultant, and where appropriate will indicate Consultant’s authorized signature and professional registration number.

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

3.2.6 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should 8 3
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one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. The key personnel for performance of this Agreement are as follows: Daniel Conway, President THK Associates; Samantha Wylie, City of San Clemente Beaches, Parks & Recreation Department.

3.2.7 City's Representative. The City hereby designates Samantha Wylie, Beaches, Parks & Recreation Director, or her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative").

City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Work or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Scope of Work or change the Consultant's total compensation subject to the provisions contained in Section 3.3 of this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee.

3.2.8 Consultant's Representative. Consultant hereby designates Daniel Conway, President, or his designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

3.2.9 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times.

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

As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services 9 4
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or to work on the Project.

3.2.11 Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If Consultant performs any work knowing it to be contrary to such laws, rules and regulations, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees, agents, and volunteers free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.2.12 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions, where applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subconsultants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.

3.2.13 Insurance. Consultant agrees to procure and maintain, at Consultant’s expense all insurance specified in Exhibit “C” attached hereto and by this reference incorporated herein. Consultant shall require all subconsultants to carry the same policies and limits of insurance that the Consultant is required to maintain, unless otherwise approved in writing by the City.

3.3 Fees and Payments.

3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "D" attached hereto and incorporated herein by reference. The total compensation shall not exceed Fifty-Six Thousand and One Hundred and Twenty Dollars ($56,120) without written approval of the City Council or City Manager as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

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

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

3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any 10 5
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expenses unless authorized in writing by City, or included in Exhibit "D" of this Agreement.

3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.

Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City.