San Clemente City Council
April 16, 2024

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City Council Special and Regular Meeting Minutes March 19, 2024

3. Transfer a one-time amount of $100,000 from the General Fund to the Park Asset Reserve in FY 2024-25.

4. Transfer an annual amount of $300,000 from the Sewer Operating Fund in FY 2024-25 and FY 2025-26 to fund sewer asset replacement in the Sewer Depreciation Reserve.

5. Prioritize capital projects until the implementation of a Clean Ocean measure or long-term alternative funding is available for storm drains.

6. Transfer a one-time amount of $200,000 from the General Fund to the Accrued Leave Reserve in FY 2024-25.

AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None
B. OVERVIEW OF THE STRATEGIC IMPLEMENTATION PROGRAM (SIP) Community Development Director Atamian and City Planner Lightfoot narrated a PowerPoint presentation entitled "Overview of the Strategic Implementation Program (SIP)" and responded to Council inquiries. A hard copy of the presentation is on file with the City Clerk.

Motion by Councilmember Loeffler, second by Councilmember Knoblock, CARRIED 5-0, to receive and file the Administrative Report, dated March 19, 2024, and on file with the City Clerk.

AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None
Meeting Recess
The meeting was recessed at 4:57 p.m. and reconvened at 5:00 p.m. with all Councilmembers present.

CLOSED SESSION
Motion by Mayor Pro Tem Enmeier, second by Councilmember Knoblock, CARRIED 5-0 to recess to Closed Session at 5:01 p.m. to discuss the following:

A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code Section 54956.9(a)(d)(2)
Number of Cases:2

1. Facts and circumstances per Government Code section 54956.9(e)(2):

Demand by former City Councilmember Gene James that the City reimburse him for his attorney fees incurred in defending James Bieber v. Gene James, OCSC

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City Council Special and Regular Meeting Minutes March 19, 2024 Case No. 30-2020-01145593-CU-DF-CJC .

2. 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.

B. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Existing litigation pursuant to Government Code Section 54956.9(d)(1) Number of Cases: 1
Case Name: George Zeber, et al. vs. City of San Clemente, Orange County Superior Court Case No. 30-2021-01191580-CU-EI-CXC
AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None
Closed Session concluded at 6:01 p.m.

BUSINESS MEETING
The meeting reconvened at 6:06 p.m. with all Councilmembers present.

INVOCATION
Pastor Jared Powell, Paradigm Church, gave the invocation.

PLEDGE OF ALLEGIANCE
Tom Streeter led the Pledge of Allegiance.

1. Special Presentations
A. 2023 WALL OF RECOGNITION HONOREE
Motion by Councilmember Knoblock, second by Councilmember Duncan, CARRIED 5-0, to:

Adopt Resolution No. 24-36 which will:

1. Approve the selection for the 2023 Wall of Recognition recipient, Beth Apodaca.

2. Authorize the Mayor to present the honoree with a certificate of recognition.

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

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2. Oral Communications (Part 1)
Suzie Whitelaw, Save our Beaches San Clemente, narrated a PowerPoint presentation concerning beach conditions. A hard copy of the presentation is on file with the City Clerk.

Ken Salter narrated a PowerPoint presentation entitled "Impact on Calafia Beach". A hard copy of the presentation is on file with the City Clerk.

Joe Wilson spoke in opposition to the potential placement of rip rap boulders on San Clemente beaches by the Orange County Transportation Authority.

Gary Walsh spoke in opposition to the potential placement of rip rap boulders on San Clemente beaches by the Orange County Transportation Authority.

Ken Poczekaj, San Clemente, opined on the emergency situation on San Clemente beaches as it relates to sand.

Amanda Q expressed concerns regarding the City's financial position and potential revenue initiatives.

Lois McNicoll commented on City Council actions.

Christopher Butler, North Beach Community Association, acknowledged City Councils efforts in North Beach; expressed concerns regarding the potential placement of rip rap boulders on San Clemente beaches by the Orange County Transportation Authority.

Susan Ambrose commented on boulders placed on Riviera Beach; spoke on the importance of the beach to San Clemente.

3. Motion waiving reading in full of all Resolutions and Ordinances Motion by Councilmember Knoblock, second by Mayor Pro Tem Enmeier, 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.

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

Council gave direction; no reportable action concerning:

A1. Facts and circumstances per Government Code section 54956.9(e)(2):

Demand by former City Councilmember Gene James that the City reimburse him for his attorney fees incurred in defending James Bieber v. Gene James, OCSC Case No. 30-2020-01145593-CU-DF-CJC.

Council gave direction; no reportable action concerning:

A2. 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.

Council gave direction; no reportable action concerning:

B. Case Name: George Zeber, et al. vs. City of San Clemente, Orange County Superior Court Case No. 30-2021-01191580-CU-EI-CXC.

6. Staff Communications
Staff requested that Item 9D - Draft San Clemente Coastal Strategic Plan be considered after Item 7A - Consideration of approving a modification to the approved United States Army Corps of Engineers (USACE)Shoreline Protection Project in San Clemente to include a Second Borrow Site at Surfside Sunset; adopting an Addendum to the Final Environmental Impact Statement/Final Environmental Impact Report; and authorizing entry into a State Lands Lease Amendment to support the use of a Second Borrow Site.

Motion by Councilmember Knoblock, second by Councilmember Loeffler, CARRIED 5-0, to consider Item 9D - Draft San Clemente Coastal Strategic Plan after Item 7A - Consideration of approving a modification to the approved United States Army Corps of Engineers (USACE)Shoreline Protection Project in San Clemente to include a Second Borrow Site at Surfside Sunset; adopting an Addendum to the Final Environmental Impact Statement/Final Environmental Impact Report; and authorizing entry into a State Lands Lease Amendment to support the use of a Second Borrow Site.

AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None
Please reference page 10 for a summary of action taken on Item 9D.

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7. Public Hearings
7A. CONSIDERATION OF APPROVING A MODIFICATION TO THE APPROVED

UNITED STATES ARMY CORPS OF ENGINEERS (USACE) SHORELINE

PROTECTION PROJECT IN SAN CLEMENTE TO INCLUDE A SECOND
BORROW SITE AT SURFSIDE SUNSET; ADOPTING AN ADDENDUM TO

THE FINAL ENVIRONMENTAL IMPACT STATEMENT / FINAL
ENVIRONMENTAL IMPACT REPORT; AND AUTHORIZING ENTRY INTO A

STATE LANDS LEASE AMENDMENT TO SUPPORT THE USE OF A SECOND

BORROW SITE
Mayor Cabral opened the public hearing.

Coastal Administrator Meyerhoff narrated a PowerPoint presentation entitled "San Clemente Beach Sand Project" and responded to Council inquiries.

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

Lois McNicoll opined on the pipes being utilized to deliver sand to the beach.

Suzie Whitelaw spoke in support of the project.

There being no others desiring to speak, Mayor Cabral closed the public hearing.

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

Adopt Resolution No. 24-37, which will:

1. Approve the Modified Project which includes use of a second borrow site at Surfside Sunset in order to restart public beach restoration activities that were initiated in December 2023 in the City placing 251,000 cubic yards of sand on the City’s beaches in 2024 with future beach sand replenishment events over the next 50 years (through 2074).

2. Adopt the Addendum to the Final Environmental Impact Statement and Environmental Impact Report (FEIS/FEIR).

3. Authorize staff to file the California Environmental Quality Act (CEQA) Notice of Determination with the County Clerk and Office of Planning and Research.

4. Authorize the City Manager to execute, Amendment No.1 to Contract No.

C23-74, by and between the City of San Clemente and California State Lands Commission in support of the Project.

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

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8. Unfinished Business
8A. TRAFFIC ANALYSIS FOR AVENIDA PALIZADA CORRIDOR AT AVENIDA DE

LA ESTRELLA
Assistant City Engineer Ponsen and Traffic Engineer Kim narrated a PowerPoint presentation entitled "Traffic Analysis for Avenida Palizada Corridor at Avendia De La Estrella" and responded to Council inquiries. A hard copy of the presentation is on file with the City Clerk.

Lois McNicoll commented on the fiscal viability of the project; opined sand placement on the beaches is a higher priority.

Amanda Q narrated a PowerPoint presentation entitled "Palizada Exit". A hard copy of the presentation is on file with the City Clerk.

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

1. Continue the process of synchronization of the Palizada corridor with the potential for striping modifications.

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.

3. Authorize modifying the middle lane on Palizada from a through (straight lane) to have the option to either go straight or turn left.

4. Encourage businesses in the area to voice their opinions on communications with Caltrans.

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

9. New Business
9A. SOUTH EL CAMINO REAL AND ESPLANADE INTERSECTION SAFETY

IMPROVEMENTS
Assistant City Engineer Ponsen and Traffic Engineer Kim narrated a PowerPoint presentation entitled "South El Camino Real and Esplanade Intersection Safety Improvements" and responded to Council inquiries. A hard copy of the presentation is on file with the City Clerk.

Lois McNicoll opined that residents voices are not being considered by City staff.

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City Council Special and Regular Meeting Minutes March 19, 2024 Craig Twiss, San Clemente, commented on the neighborhood impacts created by installation of the delineators on South El Camino Real.

Dustin Brady, San Clemente, urged Council not to remove parking on South El Camino Real.

Joe Menard, San Clemente, commented on the potential impacts on parking if the delineators are removed; spoke in support of keeping the delineators in place.

Bob Conrad, San Clemente, commented on the reduction of accidents and close calls with the installation of the delineators; spoke on the potential impacts to parking if the spaces on South El Camino Real are removed.

Doug McIntosh, San Clemente, commented on parking impacts to the neighborhood; spoke in support of keeping the delineators in place.

Brian Haskins, San Clemente, commented on the impacts to traffic the delineators have caused; spoke in support of removal of the delineators.

Sandra Maring, San Clemente, spoke on the parking impacts on the neighborhood.

Amanda Q spoke in support of keeping the delineators in place.

Tim Brown, San Clemente, suggested that the median on Esplanade be extended to reduce traffic speed and bulb outs on sidewalks to narrow the roadway.

Heather Brown commented on the traffic conditions on Avenida Barcelona; spoke in support of removing the delineators.

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

1. Remove the delineators on South El Camino Real at the intersection of Esplanade.

2. Continue with the current number of street parking spaces on South El Camino Real and Esplanade.

3. Request that the Orange County Sheriff's Department increase enforcement in the immediate area to reduce unsafe driving including speeding, illegal turns and following too closely.

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

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City Council Special and Regular Meeting Minutes March 19, 2024 Meeting Recess
The meeting was recessed at 8:50 p.m. and reconvened at 8:58 p.m. with all Councilmembers present.
9B. CONSIDERATION OF ADOPTING POLICY NO. 702-7 ENTITLED “GUIDELINES FOR NAMING BEACHES, PARKS AND RECREATION
FACILITIES”
Beaches, Parks and Recreation Director Wylie reviewed the contents of the Administrative Report and responded to Council inquiries.

Lois McNicoll spoke in opposition to corporate sponsorships of public facilities.

Motion by Councilmember Duncan, second by Councilmember Knoblock, CARRIED 5-0, to adopt Resolution No. 24-38 entitled 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”.

AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None
9C. CONSIDERATION OF PROVIDING DIRECTION ON ESTABLISHING FEES

FOR PLAY UPON PICKLEBALL COURTS
Beaches, Parks and Recreation Director Wylie reviewed the contents of the Administrative Report and responded to Council inquiries.

Lois McNicoll spoke in support of fees for pickleball.

Christopher Butler spoke in support of fees for pickleball to support future development; opined that the City should have resident and non-resident rates.

Heather Brown spoke in support of pickleball fees; recommended that the City have a reduced fee for fixed-income families/individuals.

Motion by Councilmember Loeffler, second by Councilmember Knoblock, to direct staff to return to the City Council to consider establishing fees for play upon pickleball courts, to include reduced cost or free times/days for fixed income individuals and families.

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

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City Council Special and Regular Meeting Minutes March 19, 2024 9D. DRAFT SAN CLEMENTE COASTAL STRATEGIC PLAN
This item was considered earlier in the meeting, please reference page 5 for a summary of action.

Coastal Administrator Meyerhoff narrated a PowerPoint presentation entitled "Coastal Strategic Plan" and responded to Council inquiries. A hard copy of the presentation is on file with the City Clerk.

Sarah Schneider spoke in support of beach nourishment projects; urged Council to protect surf areas.

Lois McNicoll commented on the quality of sand received during the Army Corps of Engineers project in December 2023.

Suzie Whitelaw, Save our Beaches San Clemente, narrated a PowerPoint presentation entitled "San Clemente Draft Strategic Coastal Plan 19MAR2024".

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

Christopher Butler, North Beach Community Association, urged Council to address threats to the beaches; commented on the economic impacts of the beaches to the community.

Amanda Q commented on the implementation costs of the Nature Based Feasibility Study; urged Council to be fiscally conservative.

Motion by Mayor Pro Tem Enmeier, second by Councilmember Knoblock, CARRIED 5-0, to receive and file the administrative report dated, March 19, 2024, and on file with the City Clerk.

AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None
9E. CONSIDERATION OF SUPPORT FOR ASSEMBLY BILL 2574 (VALENCIA) -

ALCOHOLISM OR DRUG ABUSE RECOVERY OR TREATMENT FACILITIES Lois McNicoll commented on sober living homes as it relates to the impacts on neighborhoods.

Sarah Schneider narrated a PowerPoint presentation concerning sober living homes. A hard copy of the presentation is on file with the City Clerk.

Motion by Mayor Pro Tem Enmeier, second by Councilmember Duncan, CARRIED 5-0, to authorize the Mayor to execute the letter and direct staff to submit the letter.

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

NOE: None
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City Council Special and Regular Meeting Minutes March 19, 2024

10. Consent Calendar
Public Comments
Lois McNicoll commented on the following Consent Calendar items: 10C(2), 10F, 10G, 10H, 10I and 10J.

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

AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None
B. Commission/Committee Minutes
Motion by Councilmember Duncan, second by Mayor Pro Tem Enmeier, CARRIED 5-0, to receive and file:
(1) PUBLIC SAFETY COMMITTEE SPECIAL MEETING MINUTES OF JANUARY 11, 2024.
(2) PUBLIC SAFETY COMMITTEE JOINT COMMISSION COMMITTEE MINUTES JANUARY 22, 2024.
(3) PUBLIC SAFETY COMMITTEE REGULAR MEETING MINUTES OF JANUARY 23, 2024.
(4) PUBLIC SAFETY COMMITTEE JOINT COMMISSION COMMITTEE MEETING MINUTES OF FEBRUARY 12, 2024.

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

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City Council Special and Regular Meeting Minutes March 19, 2024 C. Warrant Register
Motion by Councilmember Duncan, second by Mayor Pro Tem Enmeier, CARRIED 5-0, to:
(1) APPROVE WIRE TRANSFER NOS.
3005 THROUGH 3008 AND WARRANT NOS.
594701 THROUGH 594798, PAID ON
2-23-24, IN THE AMOUNT OF $741,098.89
(2) APPROVE WIRE TRANSFER NOS.
3009 THROUGH 3010 AND WARRANT NOS.
594799 THROUGH 594917, PAID ON
3-1-24, IN THE AMOUNT OF $4,054,413.05
TOTAL WARRANT REGISTER $4,795,511.94
AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None
Payroll Register
Motion by Councilmember Duncan, second by Mayor Pro Tem Enmeier, CARRIED 5-0, to approve:

WARRANT NOS. 924 THROUGH 927,
AUTOMATIC DEPOSIT ADVISES 92077
THROUGH 92389, FOR THE PERIOD
2-5-24 THROUGH 2-18-24, PAID
ON 2-23-24, IN THE AMOUNT OF $484,094.84
TOTAL PAYROLL REGISTER $484,094.84
AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None
10D. 2023 GENERAL PLAN ANNUAL PROGRESS REPORT
Motion by Councilmember Duncan, second by Mayor Pro Tem Enmeier, CARRIED 5-0, to:

Adopt Resolution No. 24-39, which will:

1. Approve the 2023 General Plan Annual Progress Report.

2. Direct staff to submit the 2023 Annual Progress Report to the State as required by law.

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

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City Council Special and Regular Meeting Minutes March 19, 2024 10E. ESTABLISHMENT OF WEED ABATEMENT PROGRAM FOR 2024
Motion by Councilmember Duncan, second by Mayor Pro Tem Enmeier, CARRIED 5-0, to adopt 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.

AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None
10F. NOTICE OF COMPLETION - BRIDGE DEMOLITION AND REMOVAL FROM

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

Adopt Resolution No. 24-41, which will:

1. Accept the Bridge Demolition and Removal from Metrolink Yard, Project No. 11810, from the contractor, 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.

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.

AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None
10G. NOTICE OF COMPLETION - 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 Motion by Councilmember Duncan, second by Mayor Pro Tem Enmeier, CARRIED 5-0, to:

Adopt Resolution No. 24-42, which will:

1. Accept Prima Deshecha Canada Channel (Facility No. M01) Wall Stabilization at Grande Vista, CIP Project No. 26001, from the contractor, Diamond Construction & Design.

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City Council Special and Regular Meeting Minutes March 19, 2024

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.

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.

AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None
10H. NOTICE OF COMPLETION - FY 2023 AS-NEEDED PAVEMENT REPAIRS (TRACT 852), CIP PROJECT NO. 23306
Motion by Councilmember Duncan, second by Mayor Pro Tem Enmeier, CARRIED 5-0, to:

Adopt Resolution No. 24-43, which will:

1. Accept the FY 2023 As-Needed Pavement Repairs (Tract 852), CIP Project No. 23306, from the contractor, ONYX Paving Company, Inc.

2. Authorize the Public Works Director/City Engineer to execute and record the Notice of Completion for the FY 2023 As-Needed Pavement Repairs (Tract 852).

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.

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

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City Council Special and Regular Meeting Minutes March 19, 2024 10I. CONTRACT AWARD - GOLF COURSE MASTER PLAN UPDATE
Motion by Councilmember Duncan, second by Mayor Pro Tem Enmeier, CARRIED 5-0, to:

Adopt Resolution No. 24-44, which will:

Approve, and authorize the City Manager to execute, Contract No. C24- 14, by and between the City of San Clemente and THK Associates, Inc., providing for the preparation of an update to the San Clemente Municipal Golf Course Master Plan, in the amount of $56,120.

AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None
10J. CONSIDERATION OF APPROVING FINAL PARCEL MAP 2021-116, A

COMMERCIAL CONDOMINIUM CONVERSION TO ALLOW FOR INDIVIDUAL OWNERSHIP OF FOUR COMMERCIAL SUITES, LOCATED AT 1050 CALLE

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

Adopt Resolution No. 24-45, which will:

1. Approve the Final Parcel Map 2021-116 as it conforms to the requirements set forth in the Subdivision Map Act and the previously approved Tentative Parcel Map.

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

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

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

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

11. Oral Communications (Part 2)
None.

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City Council Special and Regular Meeting Minutes March 19, 2024

12. Future Agenda Items
By-District Election Map Technical Amendment
Councilmember Loeffler, with the support of Councilmember Duncan and Mayor Pro Tem Enmeier, agendized introduction of an Ordinance to enact for the April 16, 2024 City Council meeting a technical amendment to the by-district election map.

Councilmembers Veto of Agendized Items
Councilmember Knoblock, with the support of Councilmember Duncan and Mayor Pro Tem Enmeier, requested that the City Council consider a policy amendment to allow the option for City Council to veto items being agendized with less than a majority of Councilmembers.

13. Reports
A. Commissions and Committees
(1) VACANCY ON THE COASTAL ADVISORY COMMITTEE
City Clerk Campagnolo reviewed the contents of the Administrative Report and responded to Council inquiries.

Motion by Councilmember Loeffler, second by Mayor Pro Tem Enmeier, CARRIED 5-0, to direct Staff to advertise to fill Dr. Whitelaw’s vacancy on the Coastal Advisory Committee with a term to expire on June 30, 2025 when the City Council recruits for open positions on all City Commissions and Committees in May.

AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None
(2) CONSIDERATION OF AMENDMENT TO SECTION 4.8 OF CITY COUNCIL POLICY 1201-11 (CITY COUNCIL MEETING AND OPERATING

PROCEDURES) ASSIGNING A MEMBER OF THE CITY COUNCIL AS A

LIAISON TO EACH CITY COMMISSION OR COMMITTEE
Lois McNicoll questioned the need for a liaison for each City commission and committee.

Motion by Councilmember Duncan, second by Mayor Pro Tem Enmeier, CARRIED 5-0, to adopt amended City Council Policy 1201-11, City Council Meeting and Operating Procedures, assigning a City Councilmember as a liaison to each City Commission and Committee.

520
City Council Special and Regular Meeting Minutes March 19, 2024 The Councilmember assignments are as follows:

Beaches, Parks and Recreation Commission - Councilmember Duncan Planning Commission - City Attorney's Office
Arts and Culture Committee - Councilmember Duncan
Coastal Advisory Committee - Mayor Pro Tem Enmeier and Councilmember Knoblock
Investment Advisory - Mayor Cabral
Golf Course Committee - Mayor Cabral
Human Affairs Committee - Mayor Pro Tem Enmeier and Councilmember Loeffler
Public Safety Committee - Councilmember Loeffler
AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None
B. Council Subcommittee Updates
San Onofre Nuclear Generating Station (SONGS)
Mayor Cabral narrated a PowerPoint presentation concerning the San Onofre Nuclear Generating Station Community Engagement Panel sea-level study.

Mayor Cabral requested that the presentation be posted on the City's website.

City Council agreed to modify the letter to the California Coastal Commission concerning the study of sea-level rise to offer feedback and/or peer review of the 2022 study.

C. Council Members
Every 15 Minutes Program
Councilmember Loeffler recognized the Human Affairs Committee for a successful Every 15 Minutes assembly at San Clemente High School.

Downtown Business Association - Shamrock Run
Mayor Pro Tem Enmeier recognized the Downtown Business Association on the success of the Shamrock Run on March 16, 2024.

D. City Attorney
None.

E. City Manager
None.

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City Council Special and Regular Meeting Minutes March 19, 2024

14. Adjournment
Motion by Mayor Cabral, second by Mayor Pro Tem Enmeier, CARRIED 5-0, to adjourn at 10:12 p.m. in honor of Women in History Month and acknowledging women that have had a positive impact on San Clemente. The next Regular Meeting will be held on April 16, 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

522
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 1
Meeting Date: April 16, 2024 Agenda Item: (1)
Submitted By: Choose an item.

Prepared By:

Subject:
..titl e
COASTAL ADVISORY COMMITTEE SPECIAL MEETING MINUTES OF JANUARY 18, 2024 ..body Fiscal Impact:

Summary:

Background:

Council Options:

Environmental Review/Analysis:

Recommended Actions:

Staff Recommendation ..recommendation
..end
Attachment:

Notification:
523

CITY OF SAN CLEMENTE

MINUTES OF THE SPECIAL MEETING OF THE

COASTAL ADVISORY COMMITTEE
JANUARY 18, 2024

1. CALL TO ORDER/ROLL CALL
Coastal Administrator Meyerhoff called the Special Meeting of the City of San Clemente Coastal Advisory Committee to order on January 18, 2024, at 4:00 p.m. The meeting was held at San Clemente City Hall, Second Floor Council Chambers, located at 910 Calle Negocio, San Clemente, California.

Committee
Members Present: Members Susan Ambrose, John Dolegowski (arrived at 4:04 p.m.), John Dow, Brian Jacobs (left at 4:45 p.m.), Matthew Schmitt, Aaron Washington, and Suzie Whitelaw
Staff Present: Leslea Meyerhoff, Coastal Administrator
Elizabeth Mitchell, City Attorney
Janet Batchelor, Management Analyst II
Chris Johnson, Senior Planner
Niki Beach, Environmental Programs Analyst
Jacob Ohana, Senior Engineer

2. PLEDGE OF ALLEGIENCE
The Pledge was led by Member Washington.

3. APPROVAL OF MINUTES
None.

4. SPECIAL OR PUBLIC PRESENTATION
Welcome and presentation on the role of the advisory committees to the City Council by City Manager Andy Hall. Presentation by City Attorney Elizabeth Mitchell on new committee member training.

Mayor Cabral welcomed the Committee Members and thanked them for their participation.

City Attorney Mitchell provided an overview of the role of Committee Members; local laws applicable to the Committee Members; functions and duties; requirements for filing Statement of Economic Interests (Form 700); and Conflict of Interest, Brown Act, Public Records Act, and Ethics Training regulations.

DRAFT
524
Minutes of the Special Meeting of the Coastal Advisory Committee of January 18, 2024 Page 2 In response to Committee questions, City Attorney Mitchell explained means of Committee Members attending other agency meetings; and attending meetings that might cover the Committee’s subject matter jurisdiction.

5. ORAL AND WRITTEN COMMUNICATION
George Gregory discussed beach erosion and presented ideas for sand replenishment. He expressed frustration with his prior efforts to address the matter.

He offered his boat and services to assist in building a harbor.

Amanda Quintanilla reminded the community about the Grunions and urged mindfulness of the impact of sand replenishment. She congratulated the Committee.

Don Brown discussed his prior involvement on the Coastal Advisory Committee and Planning Commission and wished the Committee well. He discussed topics before the Committee and encouraged the members to prepare for the meetings.

Ruth Martin questioned why sand replenishment north of North Beach was not being addressed and the delineation between the Coastal Advisory Commission and Beaches, Parks and Recreation Commission. She asked if there was a conflict of Committee Members serving on Save Our Beaches. She congratulated the members.

6. UNFINISHED BUSINESS AND UPDATES
None.

7. NEW BUSINESS
A. Welcome and Introductions of the Committee and Staff The Committee Members and Staff introduced themselves and provided an overview of their backgrounds and experience.

B. Nomination and Selection of Coastal Advisory Committee Chair and ViceChair Ruth Martin recommended considerations for selecting a Chair and Vice Chair and suggested Susan Ambrose be selected as Chair.

Amanda Quintanilla suggested Aaron Washington be selected as Chair and Susan Ambrose as Vice Chair. She asked if there was a conflict between the Committee and Save Our Beaches.

The Committee accepted nominations for Chair.

Member Washington nominated himself to serve as Chair.

DRAFT
525
Minutes of the Special Meeting of the Coastal Advisory Committee of January 18, 2024 Page 3 Member Dow nominated Brian Jacobs to serve as Chair.

Member Ambrose nominated herself to serve as Chair.

A roll call vote for Member Washington to serve as Chair was conducted and failed 3-4, Members Ambrose, Dolegowski, Dow and Whitelaw dissenting.

A roll call vote for Member Jacobs to serve as Chair was conducted and carried 4- 3, Members Ambrose, Dolegowski, and Schmitt dissenting.

The Committee accepted nominations for Vice Chair.

Member Jacobs nominated Member Washington to serve as Vice Chair.

Member Washington nominated himself to serve as Vice Chair.

Member Ambrose nominated herself to serve as Vice Chair.

A roll-call vote for Aaron Washington to serve as Vice Chair was conducted and carried 5-2, Members Ambrose and Dolegowski dissenting.

C. Consideration of Establishing 2024 Meeting Schedule
The suggested dates for the 2024 meeting schedule of the Coastal Advisory Committee are the third Thursday every other month beginning in January 2024.

Vice Chair Washington suggested the Committee meet monthly. City Attorney Mitchell referenced the Municipal Code section indicating the Committee would meet every other month.

CONSENSUS
By consensus, the Committee directed staff to inform the Council of the Committee’s desire to meet monthly and encouraged each Member to reach out to the Council as well.

MOTION
Vice Chair Washington moved and Member Ambrose seconded a motion to direct staff to bring back a resolution adopting the Committee calendar. The question was called and the motion carried unanimously.

D. Collaborative Brainstorming and Discussion of General Topics for City Council Consideration in Connection with the City Council Setting the Coastal Advisory Committee Work Plan for 2024
Member Whitelaw presented her proposed workplan.

DRAFT
526
Minutes of the Special Meeting of the Coastal Advisory Committee of January 18, 2024 Page 4 Chair Jacobs left the meeting at 4:45 p.m.

The Committee discussed whether landslide issues were within its purview; acquisition of sand; importance of having a presence with other agencies; Committee assistance to staff on projects and involvement with other agencies; need to formulate strategies to coordinate with the Coastal Commission and OCTA; request for information on how to retain sand; and data collection.

In response to Committee questions, Coastal Administrator Meyerhoff discussed Staffs’ involvement in working with other agencies, including the OCTA and the Coastal Commission; stakeholder involvement; guest speakers to address the Committee; and shoreline protection monitoring program.

Environmental Programs Analyst Beech explained the collaboration between water quality and solid waste staff efforts.

Member Whitelaw proposed agendizing establishment of subcommittees at the next Coastal Advisory Committee meeting. Member Ambrose seconded the proposal.

MOTION
Vice Chair Washington moved and Committee Member Schmitt seconded a motion to recommend the City Council consider the draft proposed work plan as follows:

1. Get Sand
a. SANDAG (Regional Beach Sand Project III
b. "Sand via Rail" pilot project (North Beach, State Beach) c. SCOUP permit
d. OCTA Phase I Track Stabilization Study (Metrolink, LOSSAN and Caltrans)
e. Study for new sand sources
f. Federal project oversight and advice
g. Pay for Sand and Retention Structures
1). Research grant opportunities
2). Research other funding opportunities (tax or fee)
3). Research public / private partnership PPP

2. Keep Sand
a. Nature Based Solutions Study
b. Other studies (literature search and field observations of natural features)and Request for Information from engineering firms c. San Clemente Regional Shoreline Monitoring Program and potential extension and potential to switch to satellite imagery
DRAFT
527
Minutes of the Special Meeting of the Coastal Advisory Committee of January 18, 2024 Page 5

3. Water Quality
a. Poche Beach
b. Other storm drains: field observations, sampling, prioritize c. Request presentation by Water Quality staff
d. Solid waste reduction/recycling

4. Collaborate with others
a. Beaches, Parks & Recreation Commission (We will monitor their agendas and Committee Member will attend as needed)
b. SANDAG Shoreline Preservation Working Group
c. OCTA Phase I Track Stabilization Study Stakeholders Group d. State Parks
e. Orange County Coastal Resilience Task Force (Katrina Foley group) f California Coastal Commission
g. Interface with experts on coastal issues
h. Other municipalities to understand how they deal with sand i. Surfing groups to understand how to protect our surfing resources The motion carried 6-0, Chair Jacobs absent.

8. COMMUNICATIONS FROM COMMITTEE MEMBERS AND STAFF
Member Ambrose congratulated the new officers.

ADJOURNMENT

VICE CHAIR WASHINGTON MOVED AND MEMBER SCHMITT SECONDED A MOTION TO ADJOURN THE MEETING AT 6:55 P.M. TO THE SPECIAL COASTAL ADVISORY COMMITTEE MEETING TO BE HELD ON JANUARY 22, 2024, AT 3:00 P.M. AT SAN CLEMENTE CITY HALL, SECOND FLOOR COUNCIL CHAMBERS, LOCATED AT 910 CALLE NEGOCIO, SAN CLEMENTE, CALIFORNIA. THE MOTION CARRIED 6-0, CHAIR JACOBS ABSENT.

Respectfully submitted,
______________________________
Brian Jacobs, Chair
Attest: ______________________________
Leslea Meyerhoff, Coastal Administrator
DRAFT
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AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: April 16, 2024 Agenda Item: (2)
Submitted By: Choose an item.

Prepared By:

Subject:
..titl e
PLANNING COMMISSION REGULAR MEETING MINUTES OF FEBRUARY 7, 2024 ..body Fiscal Impact:

Summary:

Background:

Council Options:

Environmental Review/Analysis:

Recommended Actions:

Staff Recommendation ..recommendation
..end
Attachment:

Notification:
529
These minutes will be considered for approval at the Planning Commission meeting of 02-21-2024.

MINUTES OF THE REGULAR MEETING

OF THE CITY OF SAN CLEMENTE

PLANNING COMMISSION
February 7, 2024 @ 6:00 p.m.

San Clemente City Hall Council Chamber
910 Calle Negocio, San Clemente, CA 92673
Teleconference via www.san-clemente.org/live

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

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

3. ROLL CALL
Commissioners Present: Barton Crandell, Brent Davis, Karen Prescott-Loeffler, Scott McKhann; Chair pro tem Gary P. McCaughan, M.D., Vice Chair M.

Steven Camp, Chair Cameron Cosgrove
Commissioners Absent: None
Staff Present: Jonathan Lightfoot, City Planner
Christopher Wright, Lead Project Planner
Gena Burns, Deputy City Attorney
Eileen White, Recording Secretary

4. SPECIAL ORDERS OF BUSINESS
None

5. MINUTES
A. Minutes from the Regular Planning Commission Study Session of December 6, 2023.

IT WAS MOVED BY COMMISSIONER PRESCOTT-LOEFFLER, SECONDED BY CHAIR PRO TEM MCCAUGHAN, AND CARRIED 4-0-3, WITH COMMISSIONER

DAVIS, COMMISSIONER MCKHANN AND VICE CHAIR CAMP ABSTAINING, 530
Minutes of Regular Planning Commission Meeting of February 7, 2024 Page 2 TO RECEIVE AND FILE THE MINUTES FROM THE DECEMBER 6, 2023, PLANNING COMMISSION STUDY SESSION AS SUBMITTED.

B. Minutes from the Regular Planning Commission Meeting of December 6, 2023.

IT WAS MOVED BY COMMISSIONER PRESCOTT-LOEFFLER, SECONDED BY CHAIR PRO TEM MCCAUGHAN, AND CARRIED 5-0-2, WITH COMMISSIONER

DAVIS AND VICE CHAIR CAMP ABSTAINING, TO RECEIVE AND FILE THE MINUTES FROM THE DECEMBER 6, 2023, PLANNING COMMISSION
REGULAR MEETING AS SUBMITTED.

6. ORAL AND WRITTEN COMMUNICATION
None

7. CONSENT CALENDAR
None

8. PUBLIC HEARING
None

9. NEW BUSINESS
None

10. OLD BUSINESS
A. Interpretation 24-002, Recreational Vehicle Park in Open Space Christopher Wright, Lead Project Planner, summarized the staff report. The applicant has requested the Commission interpret the Rancho San Clemente Specific Plan to find that Recreation Vehicle (RV) Campground is similar to existing uses allowed in the Plan, which include “Parks, athletic fields and recreation centers” with approval of a Conditional Use Permit. The applicant, Bella Collina San Clemente LLC, intends to submit a zoning application to develop an RV Campground within a portion of the existing golf course currently designated Private Open Space. He indicated the proposed location on an area map and summarized the proposed use in comparison to allowed uses.

Mark Zane, applicant, stated the proposed development was a way to increase revenue for the golf course and offset the recent course upgrade costs. The campground is anticipated to feature six coaches per acre and will be developed 531
Minutes of Regular Planning Commission Meeting of February 7, 2024 Page 3 with professional partners. He acknowledged understanding that approval of the interpretation did not guarantee approval of projects.

During the ensuing discussion, the Commissioners, either individually or in agreement, provided the following commentary:
• Many issues of the property will have to be considered before development can occur including its location in a view corridor, protection of sensitive habitat, conversion of open space, etc. Another concern is potential of the State directing what can be done with developed properties, which at this point does not include required development on open space. • Development of this open space area should be a use that enhances the open space, not takes away from its current status.
• The proposed location is private and shielded from public view; depending on the proposed project, could enhance views and provide support for the community.
• The project could be oriented toward the golf course and may have to mitigate potential negative impacts such as loss of residents’ views, light pollution, 24/7 operation, etc.
• Requested that staff limit the interpretation to the subject addresses only.

The Commission recessed at 7:30 p.m. to allow staff the opportunity to confirm whether the Resolution could be revised to allow the interpretation for 2 identified properties. The meeting reconvened at 7:33 p.m.

IT WAS MOVED BY CHAIR PRO TEM MCCAUGHAN, SECONDED BY CHAIR COSGROVE AND CARRIED 6-2-0, WITH COMMISSIONER CRANDELL AND COMMISSIONER MCKHANN OPPOSED, TO ADOPT RESOLUTION NO. PC 24-003, ENTITLED, “A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN CLEMENTE, CALIFORNIA, APPROVING INTERPRETATION 24-002, FINDING

RECREATIONAL VEHICLE CAMPING IN THE RANCHO SAN CLEMENTE SPECIFIC

PLAN PRIVATE OPEN SPACE ZONE IS SIMILAR TO A CONDITIONALLY PERMITTED PARK USE.”
Amended as follows: Staff will revise the Resolution title, first Whereas, Section 2.A. and Section 3 to indicate the Interpretation only applies to the following addresses: 111 Avenida Vista Montana and 200 Avenida La Pata.
[DECISION FINAL. SUBJECT TO APPEAL OR CALL UP BY COUNCIL.] Deputy City Attorney Burns stated for the record that the Planning Commission’s action may be appealed within ten days of its decision. 532
Minutes of Regular Planning Commission Meeting of February 7, 2024 Page 4 B. General Plan Strategic Implementation Program Update Christopher Wright, Lead Project Planner, reviewed the staff report and displayed the 5-Year Work Program, lists of projects, and Fiscal Year 2024-2025 General Plan Strategic Implementation Program for the Commissioners’ consideration.

The Commission’s comments/recommendations will be forwarded to the City Council when this item is presented for its consideration.

Comments/Suggestions:
• Recommendation that the City prioritize review of income and expenses, such as leases, before other projects.
• Pointed out to staff for clarification that Exhibit A-2, last item, the Miramar Theatre Project, has a “Do by 2029” Status, and a “2024” Target Year to Complete.
• With regard to implementation of the Local Coastal Program (LCP), questioned whether the City is ready to be the lead agency and process applications in the Coastal Zone; whether the City has the trained staff to handle the volume, issues, and the complexity of Coastal Zone Applications. Suggestion to assess the staff workload and staffing levels to ensure adequate coverage once the City’s LCP is approved.

IT WAS MOVED BY CHAIR PRO TEM MCCAUGHAN, SECONDED BY

COMMISSIONER CRANDELL AND UNANIMOUSLY CARRIED TO ADOPT
RESOLUTION NO. PC 24-001, ENTITLED, “A RESOLUTION OF THE

PLANNING COMMISSION OF THE CITY OF SAN CLEMENTE, CALIFORNIA,

RECOMMENDING THAT CITY COUNCIL APPROVE THE GENERAL PLAN STRATEGIC IMPLEMENTATION PROGRAM (SIP) FOR FISCAL YEAR 2024- 2025.”
[ACTION SUBJECT TO CITY COUNCIL APPROVAL.]

11. REPORTS OF COMMISSIONERS AND STAFF
A. Tentative Future Agenda
B. Administrative Development Permit Report
Chair Cosgrove commented that he heard many insightful comments from residents regarding the City’s policies and rules regarding the stability of coastal bluffs. He offered to help in the review of policies and rules. City Planner Lightfoot is in the process of consolidating the policies, and will be able to provide additional information once the timeline of the review process has been established.

Reports received and filed.
533
Minutes of Regular Planning Commission Meeting of February 7, 2024 Page 5

12. ADJOURNMENT

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

BY CHAIR COSGROVE, SECONDED BY VICE CHAIR CAMP AND UNANIMOUSLY APPROVED TO ADJOURN THE MEETING AT 8:00 P.M. TO THE ADJOURNED

REGULAR PLANNING COMMISSION MEETING TO BE HELD IN-PERSON ON FEBRUARY 21, 2024, AT 6:00 P.M. AT THE SAN CLEMENTE CITY HALL COUNCIL CHAMBERS LOCATED AT 910 CALLE NEGOCIO, SAN CLEMENTE, CA, 92672, AND

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

Respectfully submitted,
Cameron Cosgrove, Chairman
Attest:

Jonathan Lightfoot, City Planner
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AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: April 16, 2024 Agenda Item: (3)
535
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AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: April 16, 2024 Agenda Item: (4)

..ag endizedby
..end
Subject:
..titl e
PUBLIC SAFETY COMMITTEE REGULAR MEETING MINUTES OF 02-27-2024 ..body ..recommendation
..end
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540
541
542
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AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: April 16, 2024 Agenda Item: (5)
Submitted By: Choose an item.

Prepared By:

Subject:
..titl e
DESIGN REVIEW SUBCOMMITTEE REGULAR MEETING MINUTES OF FEBRUARY 28, 2024 ..body Fiscal Impact:

Summary:

Background:

Council Options:

Environmental Review/Analysis:

Recommended Actions:

Staff Recommendation ..recommendation
..end
Attachment:

Notification:
544
545
546
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910 Calle Negocio
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San Clemente, California
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AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: April 16, 2024 Agenda Item: (6)
Submitted By: Choose an item.

Prepared By:

Subject:
..titl e
PLANNING COMMISSION REGULAR STUDY SESSION MINUTES OF MARCH 6, 2024 ..body Fiscal Impact:

Summary:

Background:

Council Options:

Environmental Review/Analysis:

Recommended Actions:

Staff Recommendation ..recommendation
..end
Attachment:

Notification:
548

MINUTES OF THE

REGULAR STUDY SESSION

OF THE CITY OF SAN CLEMENTE

PLANNING COMMISSION
March 6, 2024 @ 5:00 p.m.

San Clemente City Hall Council Chambers
910 Calle Negocio, San Clemente, CA 92673
Teleconference via www.san-clemente.org

CALL TO ORDER
Chair Cosgrove called the Study Session of the Planning Commission of the City of San Clemente to order at 5:14 p.m. The meeting was offered in person at The City of San Clemente City Hall Council Chambers, 910 Calle Negocio, San Clemente, California, and also via live stream from the City’s YouTube Channel.

ROLL CALL
Commissioners Present: Barton Crandell, Scott McKhann, Karen Prescott-Loeffler; Chair pro tem Gary P. McCaughan, M.D., Chair Cameron
Cosgrove
Commissioners Absent: Brent Davis, Vice Chair M. Steven Camp Staff Present: Jonathan Lightfoot, City Planner
Adam Atamian, Community Development Director
Gena Burns, Deputy City Attorney
ITEM:

A. Housing Element Implementation Program – Objective Design Standards Jonathan Lightfoot, City Planner, narrated a PowerPoint Presentation entitled, “Housing Element Implementation Program, Planning Commission Study Session,” dated March 6, 2024. A copy of the Presentation is on file in Planning Division. He reviewed the proposed Housing Overlay; outlined the purpose and goals of the Housing Action Plan, including its Objective Design Standards; provided next steps in the process.

Comments/Suggestions:
• Requested information about the survey that was conducted early in the process of establishing objective design standards. Staff indicated that the survey was posted on the City’s website and highlighted in the SC Times.

Staff indicated that they would verify the number of participants and provide that information to the Commission.

DRAFT
549
Planning Commission Study Session Minutes – March 6, 2024 Page 2 • Confirmed the City’s number of required housing units will be met, but not exceeded, with the Housing Element as proposed.

ADJOURNMENT

IT WAS MOVED BY CHAIR COSGROVE, SECONDED BY COMMISSIONER

MCKHANN AND UNANIMOUSLY CARRIED TO ADJOURN THE STUDY SESSION AT 5:48 P.M. UNTIL ITS NEXT REGULARLY SCHEDULED MEETING ON MARCH 20, 2024, AT 5:00 P.M.

Respectfully submitted,
Cameron Cosgrove, Chair
Attest:

Jonathan Lightfoot, City Planner
DRAFT
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AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: April 16, 2024 Agenda Item: (7)
Submitted By: Choose an item.

Prepared By:

Subject:
..titl e
PLANNING COMMISSION REGULAR MEETING MINUTES OF MARCH 6, 2024 ..body Fiscal Impact:

Summary:

Background:

Council Options:

Environmental Review/Analysis:

Recommended Actions:

Staff Recommendation ..recommendation
..end
Attachment:

Notification:
551

MINUTES OF THE REGULAR MEETING

OF THE CITY OF SAN CLEMENTE

PLANNING COMMISSION
March 6, 2024 @ 6:00 p.m.

San Clemente City Hall Council Chamber
910 Calle Negocio, San Clemente, CA 92673
Teleconference via www.san-clemente.org/live

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

2. PLEDGE OF ALLEGIANCE
Chair Cosgrove led the Pledge of Allegiance.

3. ROLL CALL
Commissioners Present: Barton Crandell, Karen Prescott-Loeffler, Scott McKhann; Chair pro tem Gary P. McCaughan, M.D., Chair Cameron Cosgrove
Commissioners Absent: Brent Davis, Vice Chair M. Steven Camp Staff Present: Jonathan Lightfoot, City Planner
John Ciampa, Contract Planner
Gena Burns, Deputy City Attorney

4. SPECIAL ORDERS OF BUSINESS
None

5. MINUTES
A. Minutes from the Regular Planning Commission Meeting of February 7, 2024.

IT WAS MOVED BY CHAIR PRO TEM MCCAUGHAN, SECONDED BY

COMMISSIONER PRESCOTT-LOEFFLER, AND UNANIMOUSLY CARRIED TO RECEIVE AND FILE THE MINUTES FROM THE FEBRUARY 7, 2024, PLANNING COMMISSION MEETING AS SUBMITTED.
552
Minutes of Regular Planning Commission Meeting of March 6, 2024 Page 2 B. Minutes from the Special Joint Commission Meeting of February 12, 2024.

IT WAS MOVED BY CHAIR COSGROVE, SECONDED BY COMMISSIONER

MCKHANN, UNANIMOUSLY CARRIED TO RECEIVE AND FILE THE MINUTES FROM THE FEBRUARY 12, 2024, SPECIAL JOINT COMMISSION MEETING AS SUBMITTED.

6. ORAL AND WRITTEN COMMUNICATION
None

7. CONSENT CALENDAR
None

8. PUBLIC HEARING
A. Conditional Use Permit (CUP) 21-268, AT&T Wireless Telecommunications Facility
A request by AT&T to construct a new Monobroadleaf wireless facility with accompanying ground mounted equipment that would be placed within an expanded enclosure at 4159 Costero Risco. The project is located on City property in the Private Open Space Zone of the Forster Ranch Specific Plan (FRSP P-OS2).

Chair Cosgrove opened the public hearing.

John Ciampa, Contract Planner, narrated a PowerPoint Presentation entitled, “AT&T Telecommunication Facility, Conditional Use Permit 21-268,” dated March 6, 2024. A copy of the Presentation is on file in Planning Division.

Chris Doheny, SmartLink Group, representing AT&T Wireless, clarified that 6, 6- foot antennas were proposed for the site, mounted 11 feet from ground, and the entire pole is a total of 22 feet high. The existing location selected for the pole is based on least amount of interference/blockage and best coverage.

Public Comments:

Chris Ullmer, resident, lives very close to the subject tower; expressed concern that the project would have a negative effect on his property value, add to the eyesore that the adjacent antenna site has caused, and questioned the need for the project as he is an AT&T customer and has good service.

Marc Whitney, resident, commented the proposed site is adjacent to a hiking trail and questioned the effects of the installation on trail users; established the guidelines for posting and notification of the project. 553
Minutes of Regular Planning Commission Meeting of March 6, 2024 Page 3 Jackie Whitney, resident, lives adjacent, noted she did not receive notification, commented on the maintenance/messiness of the existing cell tower, opposed the new installation as it was not in the Master Plan, requested the Commission reject the proposal.

Megan Miller, resident, commented that although she lives close-by, she did not receive notification of the project and felt the signage posted was possibly purposefully hidden from the surrounding community. She fears for the safety of her home and children from the health effects of cellular signal pointed at her house, opined that fire safety is a concern and noted people looking to purchase homes do not want to live next to cell sites, which affects her property value. She requested the Commission table this item to allow residents to arrange for experts/prepare rebuttal to the proposal.

Mike Hughes, resident, is not opposed to the infrastructure, but is opposed to how poor management/maintenance of the existing installation. Plastic leaves are strewn about, and the antenna screening film is ripped and tearing from the antennas. Adding another installation when the other is not properly maintained will double the existing eyesore, increase health hazards and decrease public safety. He suggestion co-location/updating of the existing facility could potentially eliminate a need for a second tower.

In response to the public testimony, Mr. Doheny advised 24 electric-powered radio units were also proposed to help boost the antenna signal; suggested conditions of approval for this project could be added to prompt the carrier to maintain the existing tower; advised co-location on the existing Verizon facility was explored and found infeasible; noted all safety mitigation measures would be in place. He agreed twice-yearly maintenance would be adequate and fair. He referred to the submitted map indicating the proposed installation will improve service for AT&T customers. With regard to an alternative site analysis, he speculated the review would take 30 to 60 days. He suggested that moving the notification radius out to 500 feet would provide transparency and not overly increase the number of households to contact.

In response to questions from the Commission, Planner Ciampa noted that all properties identified within the notice radius had been notified; the Orange County Fire Authority had signed off on the site’s compliance with fire safety rules and regulations; the maintenance agreement for the existing site can be reviewed to ensure compliance, and potentially revisited during the City’s lease review.

Chair Cosgrove closed the public hearing.
554
Minutes of Regular Planning Commission Meeting of March 6, 2024 Page 4 Comments/Suggestions:
• Supported the project overall due to its compliance with regulations and improved service in the area.
• Opined that due to subject property and easement ownership questions, there is potential that the notification radius was improperly calculated and residents within the radius were not notified; suggested the project be continued to clarify notice radius/increase notification area if deemed original was deficient.
• With regard to the ongoing maintenance issues on the adjacent Verizon cell tower site, it would be helpful for staff to provide the Commission with a copy of its CUP conditions. Review of these conditions will also help staff to include conditions to ensure the new installation is adequately conditioned with regard to maintenance.
• The Commissioners concurred that due to questions regarding the proper notification of this project, as well as the lack of maintenance performed on the adjacent cell tower site, the project should be continued to allow staff to provide clarification and additional information.
• Suggested the City consider requiring a bond on its leased sites. The City can use the bond to ensure the maintenance is being addressed if the applicant is unwilling/unable to do.
• Suggested that required Finding D, that the project will not negatively impact surrounding land use areas or uses cannot be met without assurances that the project will not negatively impact the public’s access to trails and nature areas; suggested that required Finding F, that the project will not create an adverse visual impact to the surrounding area, cannot be met if there are concerns regarding line-of-sight issues. Requested the applicant consider alternate locations to avoid negative impacts.
• Established from staff that a) the notice radius is provided by the applicant and affirmed by a neutral third party, b) notification goes out by regular mail without proof of receipt required, c) notification goes out to the property owner and is not sent to tenants. Staff will review the list of notification recipients and provide for review.

IT WAS MOVED BY CHAIR PRO TEM MCCAUGHAN, SECONDED BY

COMMISSIONER MCKHANN AND UNANIMOUSLY CARRIED TO CONTINUE CONDITIONAL USE PERMIT (CUP) 21-268, AT&T WIRELESS

TELECOMMUNICATIONS FACILITY TO THE REGULAR PLANNING
COMMISSION MEETING OF APRIL 17, 2024.
[ITEM CONTINUED. PLANNING COMMISSION DECISION PENDING.]

9. NEW BUSINESS
None
555
Minutes of Regular Planning Commission Meeting of March 6, 2024 Page 5

10. OLD BUSINESS
None

11. REPORTS OF COMMISSIONERS AND STAFF
A. Tentative Future Agenda
B. Administrative Development Permit Report
Reports received and filed.

12. ADJOURNMENT

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

BY CHAIR COSGROVE, SECONDED BY VICE CHAIR CAMP AND UNANIMOUSLY APPROVED TO ADJOURN THE MEETING AT 8:36 P.M. TO THE ADJOURNED

REGULAR PLANNING COMMISSION MEETING TO BE HELD IN-PERSON ON WEDNESDAY, MARCH 20, 2024, AT 6:00 P.M. AT THE SAN CLEMENTE CITY HALL COUNCIL CHAMBERS LOCATED AT 910 CALLE NEGOCIO, SAN CLEMENTE, CA, 92672, AND TELECONFERENCE AVAILABLE TO THE PUBLIC VIA LIVE STREAM FROM THE CITY’S YOUTUBE CHANNEL.

Respectfully submitted,
Cameron Cosgrove, Chairman
Attest:

Jonathan Lightfoot, City Planner
556
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2nd Floor
San Clemente, California
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AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: April 16, 2024 Agenda Item: (8)
Submitted By: Choose an item.

Prepared By:

Subject:
..titl e
ZONING ADMINISTRATOR REGULAR MEETING MINUTES OF MARCH 7, 2024 ..body Fiscal Impact:

Summary:

Background:

Council Options:

Environmental Review/Analysis:

Recommended Actions:

Staff Recommendation ..recommendation
..end
Attachment:

Notification:
557

CITY OF SAN CLEMENTE

MINUTES OF THE REGULAR MEETING

OF THE ZONING ADMINISTRATOR
March 7, 2024
San Clemente City Hall
First Floor Community Room
910 Calle Negocio
San Clemente, California 92673

1. CALL TO ORDER
Zoning Administrator Adam Atamian called the Regular Meeting of the City of San Clemente Zoning Administrator to order on March 7, 2024 at 3:00 p.m. The meeting was held in the First Floor Community Room of City Hall, 910 Calle Negocio, San Clemente, California.

Staff Present: Adam Atamian, Zoning Administrator
Zach Rehm, Senior Planner
Tamara Tatich, Office Specialist

2. MINUTES
A. Receive and file Minutes from the Zoning Administrator Regular Meeting of February 22, 2023.

3. ORAL AND WRITTEN COMMUNICATION
None.

4. PUBLIC HEARING
A. Public Hearing Project (PHP) 23-411, Sunset Shores Façade Remodel, 410 Corto Lane
A request for a Development Permit (DP) 23-415 for exterior improvements, including a height increase for faux roof extensions, façade improvements, and architectural embellishments, to an existing 18-unit condominium building located at 410 Corto Lane within the Pier Bowl Specific Plan and the Architectural (A) Overlay District.

The applicant has requested that the hearing be continued to the Zoning Administrator Meeting on April 4, 2024. The Zoning Administrator continued the meeting and stated that no additional noticing of a public hearing would be required because the hearing is being continued to a date certain.
558
Minutes of the Zoning Administrator Regular Meeting March 7, 2024 Page 2

5. NEW BUSINESS
None

6. OLD BUSINESS
None

7. ADJOURNMENT
The meeting adjourned at 3:03 p.m. to the Regular Meeting of the Zoning Administrator, which will be held Thursday, March 21, 2024 at 3:00 p.m. at Community Development Department, City Hall, First Floor Community Room, located at 910 Calle Negocio, San Clemente, California.

Respectfully submitted,

SAN CLEMENTE ZONING ADMINISTRATOR
__________________________________
Adam Atamian, Zoning Administrator
559
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 1
Meeting Date: April 16, 2024 Agenda Item: (9)
Submitted By: Choose an item.

Prepared By:

Subject:
..titl e
HUMAN AFFAIRS COMMITTEE REGULAR MEETING MINUTES OF MARCH 12, 2024 ..body Fiscal Impact:

Summary:

Background:

Council Options:

Environmental Review/Analysis:

Recommended Actions:

Staff Recommendation ..recommendation
..end
Attachment:

Notification:
560

CITY OF SAN CLEMENTE

MINUTES OF THE REGULAR MEETING OF THE

HUMAN AFFAIRS COMMITTEE
MARCH 12, 2024

1. CALL TO ORDER/ROLL CALL
Vice Chair Salas called the Regular Meeting of the City of San Clemente Human Affairs Committee to order on March 12, 2024, at 3:31 p.m. The meeting was held at San Clemente City Hall, First Floor Community Room located at 910 Calle Negocio, San Clemente, California.

Committee
Members Present: Chair Lisa Edone (arrived at 3:41 p.m.), Vice Chair Rosemary Salas, and Members Stuart Anderson, Cord
Bauer, Tyler Boden, and Dick Veale
Guests: Tom Streeter, Resident
Staff Present: Adam Atamian, Community Development Director Tamara Tatich, Office Specialist

2. PLEDGE OF ALLEGIENCE
The Pledge was led by Member Anderson.

3. APPROVAL OF MINUTES
A. Receive and file Minutes from the January 22, 2024 Special Joint Commission and Committee Meeting.

MOTION BY MEMBER VEAL, SECONDED BY MEMBER ANDERSON AND
CARRIED UNANIMOUSLY, to receive and file the minutes from the January 22, 2024 Special Joint Commission and Committee Meeting.

B. Approve Minutes from the February 13, 2024 Meeting of the Human Affairs Committee.

MOTION BY MEMBER ANDERSON, SECONDED BY CHAIR EDONE AND
CARRIED UNANIMOUSLY, to approve the minutes from the February 13, 2024 Meeting of the Human Affairs Committee, as submitted.

Chair Edone arrived at 4:41 p.m. to chair the meeting.
561
Minutes of the Regular Meeting of the Human Affairs Committee of March 12, 2024 Page 2

4. SPECIAL OR PUBLIC PRESENTATION
None.

5. UNFINISHED BUSINESS AND UPDATES
A. Human Affairs Committee Work Plan FY 2023-24 Updates Project: - Community Resource Fair
Work group: Chair Edone, Member Anderson.

Chair Edone encouraged the Committee Members to attend the Fair on May 23, 2024, and discussed logistics for setup.

Project: – Update Resource Registry on city website
Work group: Chair Edone, Member Anderson.

Chair Edone stated the information would be updated following the Fair.

Project: - Mentorship Program
Work group: Member Boden, Vice Chair Salas, Member Bauer.

Member Boden announced the Rising Stars Breakfast on March 25, 2024. He discussed the work of Mike Gentile, Cisoshare and Cyber Forward, to train youth on becoming data scientists and coders.

Chair Edone stated she and Vice Chair Salas would be approaching local businesses to see if they would allow students a “day in the life” at those businesses.

Member Boden discussed difficulties with workforce development in silos. He recommended Chair Edone attend the upcoming Chamber meeting.

Project: - Every 15 Minutes DUI Simulation
Work group: Vice Chair Salas, Chair Edone, and Member Anderson.

Chair Edone commended Vice Chair Salas, the first responders, and students that participated in the program and discussed the impact and success.

Vice Chair Salas and Member Anderson discussed the success and emotion of the event.

The Committee viewed the video of the event.

Project: - SCHS Humanitarian Award
Work group: Vice Chair Salas, Member Boden.
562
Minutes of the Regular Meeting of the Human Affairs Committee of March 12, 2024 Page 3 Vice Chair Salas stated forms were due the beginning of April with Council recognition on May 7, 2024.

Chair Edone offered to assist with the interviews.

Project: - Reach out to Residents - AI Questionnaire for the Community Work group: Member Bauer, Member Anderson.

Member Anderson suggested asking the public to rank the categories.

Chair Edone suggested asking the community to rank ten hot topics.

Member Bauer stated he would work with Member Anderson to select ten hot topics.

The Committee discussed means of disseminating the survey and final review to occur at the next Committee meeting.

Project: - Dorothy Visser Senior Center Improvements
Work Group: Member Veale.

Member Veale anticipated completion by mid-April.

Project: – Community Development Block Grants
Work group: Vice Chair Salas, Member Anderson.

Vice Chair Salas and Member Anderson discussed the applicants and distribution of funds.

Project: - Character Counts Program
Work group: Member Boden, Member Anderson.

Member Boden discussed the recap from the last meeting which he forwarded to the District. He stated there was interest from the San Clemente Elementary schools but funding was needed.

Member Anderson suggested PTAs for possible funding.

Chair Edone stated she could request funding from the City Council. Community Development Director Atamian stated there were currently no funds and the next Fiscal Year budget was already in process.

Vice Chair Salas suggested determining the cost.

Project - Overall Homelessness Strategy/Solutions for Change Work group: Member Anderson, Member Bauer, Member Veale. 563
Minutes of the Regular Meeting of the Human Affairs Committee of March 12, 2024 Page 4 Member Anderson stated the Committee was still gathering information. In response to Member Anderson, Community Development Director Atamian suggested contacting the County of Orange for Point-In-Time count information.

Community Development Director Atamian discussed efforts by the Community Outreach Team and need to focus on long-term, service resistant homeless. The Committee commended the team for its work.

In response to Chair Edone, Member Anderson discussed efforts in neighboring cities that could be implemented in San Clemente.

6. NEW BUSINESS
None.

7. ORAL AND WRITTEN COMMUNICATION
None.

8. COMMUNICATIONS FROM COMMITTEE MEMBERS AND STAFF
Member Boden announced the South Orange County Rotary Clubs Mental Health Awareness Walk on May 18, 2024, at the Outlets.

Member Veale announced that Family Assistance Ministries was moving and food would be unavailable for three weeks.

ADJOURNMENT
CHAIR EDONE ADJOURNED THE MEETING AT 5:08 P.M. TO THE REGULAR HUMAN AFFAIRS COMMITTEE MEETING TO BE HELD ON APRIL 9, 2024, AT 3:30 P.M. AT SAN CLEMENTE CITY HALL, FIRST FLOOR COMMUNITY ROOM, LOCATED AT 910 CALLE NEGOCIO, SAN CLEMENTE, CALIFORNIA.

Respectfully submitted,
______________________________
Lisa Edone, Chair
Attest: ______________________________
Adam Atamian, Community Development Director
564
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 1
Meeting Date: April 16, 2024 Agenda Item: (10)
Submitted By: Choose an item.

Prepared By:

Subject:
..titl e
PLANNING COMMISSION REGULAR MEETING MINUTES OF MARCH 20, 2024 ..body Fiscal Impact:

Summary:

Background:

Council Options:

Environmental Review/Analysis:

Recommended Actions:

Staff Recommendation ..recommendation
..end
Attachment:

Notification:
565
These minutes will be considered for approval at the Planning Commission meeting of 04-17-2024.

MINUTES OF THE REGULAR MEETING

OF THE CITY OF SAN CLEMENTE

PLANNING COMMISSION
March 20, 2024 @ 6:00 p.m.

San Clemente City Hall Council Chamber
910 Calle Negocio, San Clemente, CA 92673
Teleconference via www.san-clemente.org/

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

2. PLEDGE OF ALLEGIANCE
Kathy Ward, former San Clemente Mayor, led the Pledge of Allegiance.

3. ROLL CALL
Commissioners Present: Barton Crandell, Scott McKhann; Chair pro tem Gary P. McCaughan, M.D. (6:10 p.m. arrival), Vice Chair M. Steven Camp, Chair Cameron Cosgrove
Commissioners Absent: Brent Davis, Karen Prescott-Loeffler Staff Present: Jonathan Lightfoot, City Planner
John Ciampa, Contract Planner
Gena Burns, Deputy City Attorney
Eileen White, Recording Secretary
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.

4. SPECIAL ORDERS OF BUSINESS
A. Commendation Presentation to Eileen White, Recording Secretary to the Planning Commission and other Committees since July 6, 1993.

Chair Cosgrove, on behalf of current and former Commissioners, presented Recording Secretary Eileen White with a commemorative plaque recognizing her years with the City as an independent contractor and congratulated her on her retirement.

5. MINUTES
A. Minutes from the Regular Planning Commission Study Session of March 6, 2024. 566
Minutes of Regular Planning Commission Meeting of March 20, 2024 Page 2

IT WAS MOVED BY CHAIR COSGROVE, SECONDED BY CHAIR PRO TEM

MCCAUGHAN, AND UNANIMOUSLY CARRIED TO RECEIVE AND FILE THE MINUTES FROM THE MARCH 6, 2024, REGULAR STUDY SESSION AS SUBMITTED.

B. Minutes from Regular Planning Commission Meeting of March 6, 2024.

IT WAS MOVED BY CHAIR PRO TEM MCCAUGHAN, SECONDED BY

COMMISSIONER MCKHANN AND UNANIMOUSLY CARRIED TO RECEIVE AND FILE THE MINUTES FROM THE MARCH 6, 2024, REGULAR PLANNING COMMISSION MEETING AS SUBMITTED.

6. ORAL AND WRITTEN COMMUNICATION
Patricia Holloway, resident, requested the Commission consider funding tree replacement when reviewing the upcoming budget. In order to keep its “Tree City” status, the City has to commit yearly to replacing any trees removed. For Arbor Day, April 27, 2024, community groups have raised funds and will be planting new trees in areas prepped by City staff.

7. CONSENT CALENDAR
None

8. PUBLIC HEARING
A. Public Hearing Project (PHP) 23-393, Pronto Cucina Italiana, 221 Avenida Del Mar, Suite B
A request for an existing restaurant to expand the alcohol sales from beer and wine (ABC Type 41 License) to full range of alcohol for one-site consumption (ABC Type 47 License) within the Mixed Use 3.0, Architectural, and Central Business District Overlay Zoning District (MU3.0-A-CB) at 221 Avenida Del Mar.

Chair Cosgrove opened the public hearing.

John Ciampa, Contract Planner, narrated a PowerPoint Presentation entitled, “Pronto Cucina Italiano, CUP 23-127,” dated March 20, 2024. A copy of the Presentation is on file in Planning Division.

Donatella Polizzi, applicant, was available for questions.

Chair Cosgrove closed the public hearing.

IT WAS MOVED BY COMMISSIONER MCKHANN, SECONDED BY CHAIR PRO TEM MCCAUGHAN AND UNANIMOUSLY CARRIED TO:
567
Minutes of Regular Planning Commission Meeting of March 20, 2024 Page 3

1. Determine the project is Categorically Exempt from the requirements of the CEQA pursuant to CEQA’s Guidelines Section 15301 (Class 1: Existing Facilities); and

2. Adopt Resolution PC 24-005, entitled, “A RESOLUTION OF THE

PLANNING COMMISSION OF THE CITY OF SAN CLEMENTE,
CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 23-427,
PRONTO CUCINA ITALIANA FULL ALCOHOL, LOCATED AT 221

AVENIDA DEL MAR SUITE B AND FINDING THE PROJECT IS

CATEGORICALLY EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT UNDER SECTION 15301 (CLASS 1:

EXISTING FACILITIES).
[DECISION FINAL. SUBJECT TO APPEAL OR CALL UP BY COUNCIL.] It was noted for the record that the Planning Commission’s action may be appealed within ten days of its decision.

B. Conditional Use Permit (CUP) 23-440, Greenside Golf Indoor Golf Studio, 647 Camino De Los Mares, Suite 200
A request to operate an indoor golf simulator within an existing commercial suite in the Community Commercial 4 (CC4) Zoning District located at 647 Camino De Los Mares, Suite 200.

Chair Cosgrove opened the public hearing.

John Ciampa, Contract Planner, narrated a PowerPoint Presentation entitled, “Greenside Golf, CUP 23-440,” dated March 20, 2024. A copy of the Presentation is on file in Planning Division.

Josh Austin and Dan Benson, applicants, described how the facility will operate, including its membership setup, hours of operation, reservation and entry details, and projected busy/down times. With regard to potential noise impacts on adjacent uses, they have already had meetings with the adjacent flower shop and massage therapy business, which are the two most likely to be affected by the noise generated, and are committed to ensure that the proposed soundproofing mitigations will be adequate.

Chair Cosgrove closed the public hearing.

During discussion the Commission discussed potential to limit the number of participants allowed during 8:00 a.m. to 5:00 p.m. to four rather than the maximum of eight due to potential parking shortages when the center is at its busiest. The majority of the Commissioners concluded that limiting the number of patrons during regular operating hours of adjacent businesses would be unfair to the applicant and unnecessary as any use proposed for this existing tenant space would likely require more spaces than this use.
568
Minutes of Regular Planning Commission Meeting of March 20, 2024 Page 4

IT WAS MOVED BY CHAIR PRO TEM MCCAUGHAN, SECONDED BY
COMMISSIONER CRANDELL AND CARRIED 4-1-0, WITH VICE CHAIR CAMP OPPOSED, TO:

1. Determine the project is Categorically Exempt from the requirements of the CEQA pursuant to CEQA’s Guidelines Section 15301 (Class 1: Existing Facilities 14 CCR §15301); and

2. Adopt Resolution PC 24-004, entitled, “A RESOLUTION OF THE

PLANNING COMMISSION OF THE CITY OF SAN CLEMENTE,
CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 23-440,

GREENSIDE GOLF, A REQUEST TO ESTABLISH AND OPERATE AN
APPROXIMATELY 1,542 SQUARE FOOT INDOOR GOLF PRACTICE
FACILITY IN EXISTING COMMERCIAL SPACE AT 647 CAMINO DE LOS MARES, SUITE 200, WITHIN THE COMMUNITY COMMERCIAL 4 ZONE (CC4), AND FINDING THE PROJECT IS CATEGORICALLY EXEMPT

FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT
TO CEQA GUIDELINES SECTION 15301 (CLASS 1: EXISTING
FACILITIES 14 CCR §15301).

Amended as follows:

Throughout the document, staff will review and modify to ensure the language is consistent with the City’s standard CUP language, as well as consistent within the document.
[DECISION FINAL. SUBJECT TO APPEAL OR CALL UP BY COUNCIL.] It was noted for the record that the Planning Commission’s action may be appealed within ten days of its decision.

C. Public Hearing Project (PHP) 23-083, Sea Cliff Hotel & Restaurant, 402 Pasadena Court
A request to consider an eleven-unit motel and a restaurant with 25 outdoor seats at a historic property located at 402 Pasadena Court within the Pier Bowl.

The project preserves the existing historic four-level residence and portions of the gardens, including the fountains. It rehabilitates the runnel and lower terrace patio. Two new buildings are proposed on the southern portion of the property and a new garage is provided with access from Avenida Victoria.

Chair Cosgrove opened the public hearing; noted staff has recommended the item be continued to the April 17, 2024, Regular Meeting.

IT WAS MOVED BY CHAIR COSGROVE, SECONDED BY VICE CHAIR CAMP

AND UNANIMOUSLY CARRIED TO CONTINUE PUBLIC HEARING PROJECT (PHP) 23-083, SEA CLIFF HOTEL & RESTAURANT, 402 PASADENA COURT, 569
Minutes of Regular Planning Commission Meeting of March 20, 2024 Page 5

WITH THE PUBLIC HEARING HELD OPEN, TO THE REGULAR PLANNING COMMISSION MEETING OF APRIL 17, 2024.
[ITEM CONTINUED. PLANNING COMMISSION DECISION PENDING.]

9. NEW BUSINESS
None

10. OLD BUSINESS
None

11. REPORTS OF COMMISSIONERS AND STAFF
A. Tentative Future Agenda
B. Administrative Development Permit Report
Jonathan Lightfoot, City Planner, announced the City has funding available for upcoming training opportunities in Los Angeles from May 28, 2024 – June 1, 2024, for Commissioners interested in continuing education. In response to questions, he updated the Commission on the status of Agenda Item 8.C. Additionally, he invited Commissioners to contact staff with topics of interest for upcoming study sessions.

12. ADJOURNMENT

THERE BEING NO FURTHER BUSINESS BEFORE THE COMMISSION, IT WAS

MOVED BY CHAIR COSGROVE, SECONDED BY COMMISSIONER MCKHANN AND UNANIMOUSLY CARRIED TO ADJOURN THE MEETING AT 7:15 P.M. TO THE

REGULAR PLANNING COMMISSION MEETING TO BE HELD IN-PERSON ON WEDNESDAY, APRIL 17, 2024, AT 6:00 P.M. AT THE SAN CLEMENTE CITY HALL COUNCIL CHAMBERS LOCATED AT 910 CALLE NEGOCIO, SAN CLEMENTE, CA, 92672, AND TELECONFERENCE AVAILABLE TO THE PUBLIC VIA LIVE STREAM FROM THE CITY’S YOUTUBE CHANNEL OR LIVE ON COX CHANNEL 854.

Respectfully submitted,
Cameron Cosgrove, Chairman
Attest:

Jonathan Lightfoot, City Planner
570
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 1
Meeting Date: April 16, 2024 Agenda Item: (11)
Submitted By: Choose an item.

Prepared By:

Subject:
..titl e
ZONING ADMINISTRATOR REGULAR MEETING MINUTES OF MARCH 21, 2024 ..body Fiscal Impact:

Summary:

Background:

Council Options:

Environmental Review/Analysis:

Recommended Actions:

Staff Recommendation ..recommendation
..end
Attachment:

Notification:
571

CITY OF SAN CLEMENTE

MINUTES OF THE REGULAR MEETING

OF THE ZONING ADMINISTRATOR
March 21, 2024
San Clemente City Hall
First Floor Community Room
910 Calle Negocio
San Clemente, California 92673

1. CALL TO ORDER
Zoning Administrator Adam Atamian called the Regular Meeting of the City of San Clemente Zoning Administrator to order on March 7, 2024 at 3:01 p.m. The meeting was held in the First Floor Community Room of City Hall, 910 Calle Negocio, San Clemente, California.

Staff Present: Adam Atamian, Zoning Administrator
John Ciampa, Contract Planner
Tamara Tatich, Office Specialist

2. MINUTES
A. Receive and file Minutes from the Zoning Administrator Regular Meeting of March 7, 2023.

3. ORAL AND WRITTEN COMMUNICATION
None.

4. PUBLIC HEARING
A. City Antennae Permit (CAP) 23-246, AT&T Wireless Facility, 2916 Via San Gorgonio
A request to replace a field light standard pole and install antennas and equipment on the new pole. The project also includes the expansion of an existing equipment enclosure utilized by an adjacent wireless facility to accommodate new AT&T ground mounted equipment in the Open Space Public (OS1) zone at 2916 Via San Gorgonio.

Staff recommends that the project be found Categorically Exempt from CEQA pursuant to State CEQA Guidelines §15303 (Class 3:

New Construction or Conversion of Small Structures).

Contract Planner John Ciampa summarized the staff report and stated that the applicant, Chris Doheny was available to answer questions on behalf of his client AT&T and that there is a presentation if requested.
572
Minutes of the Zoning Administrator Regular Meeting March 21, 2024 Page 2 Zoning Administrator Atamian asked if the adjacent enclosure was an exposed block wall, whereby Mr. Doheny stated that the enclosure was a chain-linked fence with green mesh screening that was installed over ten years ago. Zoning Administrator Atamian confirmed with the applicant that the new wall would be consistent with the other structures in the park inclusive of landscaping to soften.

Zoning Administrator Atamian confirmed with staff that the City owned the light structure and that the applicant would bear the cost of any replacements needed to facilitate the new wireless equipment.

Zoning Administrator Atamian asked about density of facilities at the location, whereby Mr. Doheny delivered a presentation that included a visual map of current coverage and a map of projected coverage once the new equipment is activated. The presentation included compliancy details with Federal guideline and renderings to demonstrate a visual low impact to the surrounding area.

Having no further questions, Zoning Administrator Atamian opened the public hearing.

Zoning Administrator Atamian stated that he reviewed the information in the report and confirmed that City staff is recommending approval based on the Design Review Subcommittee support since the requested changes were incorporated into the design.

Zoning Administrator Atamian visited the site and believes this to be a better location than other options since it’s adjacent to the freeway and provides better coverage for both freeway and residences on the east side of the freeway. Zoning Administrator Atamian
acknowledged that the enclosure is expanding its footprint, but it isn’t a primary useable area of the park. Zoning Administrator Atamian believes this sets a precedent on enhanced design.

Zoning Administrator Atamian asked if there were any public comments, and staff confirmed that none have been received. There be no comments from the public in attendance, Zoning Administrator Atamian closed the public hearing.

Zoning Administrator Atamian stated that he can meet the findings in that the height will not be taller that the existing standard. The existing lights will still be used, which helps with timers and evening activities.

The design and location of the facility will not interfere with transmissions of other signals within the City. The project does not create adverse visual impacts to the surrounding area. The design is an improvement to what was previously required.
573
Minutes of the Zoning Administrator Regular Meeting March 21, 2024 Page 3 Zoning Administrator Atamian determined the project be found Categorically Exempt from CEQA pursuant to State CEQA Guidelines §15303 (Class 3: New Construction or Conversion of Small Structures).

Action: The Zoning Administrator adopted Resolution ZA24-006, approving City Antennae Permit 23-246, AT&T Wireless Facility, 2916 Via San Gorgonio, subject to the Conditions of Approval.

5. NEW BUSINESS
None

6. OLD BUSINESS
None

7. ADJOURNMENT
The meeting adjourned at 3:17 p.m. to the Regular Meeting of the Zoning Administrator, which will be held Thursday, April 4, 2024 at 3:00 p.m. at Community Development Department, City Hall, First Floor Community Room, located at 910 Calle Negocio, San Clemente, California.

Respectfully submitted,

SAN CLEMENTE ZONING ADMINISTRATOR
__________________________________
Adam Atamian, Zoning Administrator
574
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 1
Meeting Date: April 16, 2024 Agenda Item: (12)
Submitted By: Choose an item.

Prepared By:

Subject:
..titl e
DESIGN REVIEW SUBCOMMITTEE REGULAR MEETING MINUTES OF MARCH 27, 2024 ..body Fiscal Impact:

Summary:

Background:

Council Options:

Environmental Review/Analysis:

Recommended Actions:

Staff Recommendation ..recommendation
..end
Attachment:

Notification:
575
Design Review Subcommittee Regular Meeting Minutes March 27, 2024 Page 1

CITY OF SAN CLEMENTE

MINUTES OF THE REGULAR MEETING OF THE

DESIGN REVIEW SUBCOMMITTEE
MARCH 27, 2024
Subcommittee Members Present: Chair M. Steven Camp; Vice Chair Cameron Cosgrove; Committee Member Bart Crandell
Subcommittee Members Absent: None
Staff Present: Jonathan Lightfoot, City Planner; John Ciampa, Contract Planner

1. MINUTES
A. Review and file minutes of the Design Review Subcommittee meeting March 13, 2024

2. ARCHITECTURAL REVIEW OF THE FOLLOWING ITEMS:

A. Public Hearing Project 23-262, Hotel Clemente and Loretta’s Restaurant (Ciampa)
A request for a Conditional Use Permit (CUP), Development Permit (DP) and a Cultural Heritage Permit (CHP) to establish a 28-room boutique hotel and specialty restaurant with the sale of on-site full-service alcohol, and amplified music at 225- 229 Avenida Del Mar and 232-234 Avenida Granada.

Contract Planner John Ciampa summarized the staff report and provided a presentation on the project.

The applicant’s representatives provided a presentation on the project and responses to the City-initiated peer review of the applicant’s Historic Resource Assessment Report (HRAR), which was performed by GPA Consulting. The applicant’s responses included the following:
• The project is a balance of economics and historic preservation. • The 1980’s addition is not historically significant, but is not required to be removed; acknowledged that there has been public interest in removal of the addition.
• Emphasized that the project is being evaluated under the Secretary of the Interior’s Standards for Rehabilitation.
o The Standards for Restoration would support removing the front noncontributing addition is appropriate, but not required under Rehabilitation. • Disagreed with GPAs assessment that there was inadequate differentiation of roof form and massing and showed 3D rendering to illustrate differences in roof design and configuration, rafters vs. corbels, railings, and windows. 576
Design Review Subcommittee Regular Meeting Minutes March 27, 2024 Page 2 • Emphasized articulation; central step back is similar to Antoinette building. • Zero lot line development was envisioned by Ole Hanson on Del Mar; the historic property anticipated this with no fenestration on the east elevation. • The historic resource is a two-story structure and the project is also two stories and only a few feet taller.
• The proposed modification to the 1980s addition changed and lowered the roof design to open view to historic balcony; modified the stucco wall to be hybrid with railing to reduce massing.
• All of the original character defining features of the historic resource would be reintroduced.

The DRSC directed questions to GPA which included the following:
• Does GPA agree with the responses from the applicant in regard the peer review of the HRAR?
o GPA agreed that the majority of comments are technical in nature and the 3D rendering was beneficial in clarifying differentiating details of the project with the historic resource. The key differentiating features were the corbels and roof design.
• Did GPA believe the clarifications on the project design elements and the proposed modifications to the 1980s addition result in compliance with Standard 9?
o GPAs assessment of the applicant’s presentation in response to the peer review and proposed modifications resulted in improvements to the project and brought it closer to compliance with Standard 9. GPA still have some concerns about massing relationship; reduction of the shed addition would be beneficial.
o GPA expressed the need for a more thorough analysis of the new information and modifications proposed.
o Scaling back the 1980s addition by pulling it in from the right side and front would be a significant improvement and make the historic resource more visible.

Members of the public made the following comments or questions either individually or as a group:
• Much improved; more could be done. Agree with scaling back the 1980’s addition. The new addition should always be subordinate to the historic building.
• Raised concerns with the project’s need for parking waivers. • The 1980’s shed roof impacts this historic resource and needs to be removed.
• The proposed elevator tower is too large at 10’ taller than historic building. • The project must address parking.
577
Design Review Subcommittee Regular Meeting Minutes March 27, 2024 Page 3 • The project would add value to the downtown and help bring people into the other businesses.
• The 1980 addition mimics the Antoinette building (rafter tails, etc.) and should be differentiated and pulled back.

The Design Review Subcommittee (DRSC) discussed the project, and made the following comments either individually or as a group:
• The project design meets the applicant’s program.
• One significant feature to the historic resource was the original setback since it was originally a residential feature.
• The shed element is a poor addition.
• The construction necessary to drop the 1980s addition’s floor four feet to align with the new building would result in the reconstruction of much of the noncontributing addition.
• The 1980’s addition was approved by the City and built. • Residential properties are reviewed with strict scrutiny for any additions/ modifications at the front of the property.
• Not concerned that the project is larger in scale than the historic resource, noting that both buildings are two stories.
• Pulling in the 1980s addition would be beneficial to the historic resource, but a lounge is a critical component to the hotel. The reduction in the space could be modified to be an indoor/outdoor area to still be an amenity to the hotel. • Reiterated importance of landscaping.
• The Planning Commission will review the parking.

The applicant was appreciative of the feedback received on the project and agreed to reduce the footprint of the 1980s addition and revise that portion of the project.

The Subcommittee recommended that if the parking study results in modifications to the site or architectural design the project should come back to DRSC. It was also recommended that the 1980s addition footprint be reduced along the front and right side to open the view to the historic resource.

B. Miramar Event Center and Restaurants: Applicant Initiated Modifications to Bowling Alley / Food Hall Elevations (PHP 24-123) (Lightfoot) Request for amendment to Cultural Heritage Permit (CHP) 16-376, Miramar Event Center and Restaurants, to modify the roof plans and associated placement of mechanical units on the barrel roof of the historic bowling alley building. The entitlements were approved by the Planning Commission on June 7, 2017 via resolution PC 17-017 The building is addressed as 150 W. Avenida Pico.

City Planner Jonathan Lightfoot summarized the staff report and noted that due to the significance of the property, staff required an additional review by a qualified 578
Design Review Subcommittee Regular Meeting Minutes March 27, 2024 Page 4 historic preservation professional (GPA Consulting) to analyze whether the proposed changes would be consistent with the Secretary of the Interior’s Standards for Rehabilitation.

The applicant’s representative, architect Brad Swaggerty of Architects Local, explained the construction issues resulting from the prior approved plans that indicated all venting would be oriented towards Avenida Deshecha. Primarily, significant amounts of ducting would need to cross the interior ceiling space, resulting in a very industrial aesthetic that detracts from the historic trusses. He noted that the vents proposed for use on the El Camino Real elevation would be smaller than traditional restaurant venting and that the fan would be interior to the building resulting in reduced exterior noise. He clarified that the building code requires established distances above roofline for vents and required separation between vents; the proposed design complies with those requirements. He also clarified that the hoods and vents are required to be serviced and maintained every six months.

Chair Camp opened the item for public comment.

Members of the public made the following comments or questions either individually or as a group:
• Opined that the exterior of historic properties is the most significant feature because the majority of people will view these properties from the sidewalk or roadway.
• Expressed concern that the number of vents create more of an industrial look. • Expressed concern at the size of the vents.
• A representative from the neighboring Casino San Clemente expressed that they would like the Committee and applicant to consider ways to minimize noise and odor that would affect their venue operations. • Questioned whether all food stalls need to have a hood for cooking. • Expressed frustration at the delays in construction of the project.

The Design Review Subcommittee (DRSC) discussed the project, and made the following comments either individually or as a group:
• Acknowledged that the use as a food hall was previously approved by the City and the Coastal Commission.
• Agreed that the modification improves the feel of the interior space and better frames the historic trusses.
• The vents should be clustered in a rhythm to the extent possible as opposed to being placed in a scattered, haphazard fashion.
• The applicant should regularly monitor the condition of the roof to ensure that no grease or other stains are impacting the barrel roof.

The DRSC requested that GPA Consulting summarize their findings. Audrey Von Ahrens from GPA provided the following comments:
579
Design Review Subcommittee Regular Meeting Minutes March 27, 2024 Page 5 • Acknowledged that there is a tradeoff of improving the interior space, which results in additional penetrations to the exterior.
• However, noted that the penetrations are on a secondary elevation, not visible from the primary (northwest) elevation.
• Stated that the revision does comply with Standard 9. No historic materials or features would be destroyed and the configuration of the ducting along the perimeter walls would be more compatible with historic building in terms of scale and proportion by preserving the interior spatial relationship of the open ceiling with exposed bow trusses and barrel-vaulted ceiling form that characterize the property.
• Stated that the revised project appears to comply with Standard 10. The interior ductwork and roof vents would not impact the essential form and integrity of the historical resource. If they were removed in the future, the bow trusses and barrel-vaulted ceiling could be returned to their historic appearance with minimal repair.

The Subcommittee recommended that the City Planner approve the requested amendment, with a recommendation that the vents be clustered as much as possible and that a condition be added to require that any roof stains be remediated promptly by the property owner.

3. NEW BUSINESS
None

4. OLD BUSINESS
None

5. ORAL AND WRITTEN COMMUNICATION
None

ADJOURNMENT
Adjourned to the April 10, 2024 DRSC meeting at 3:00 p.m., San Clemente City Hall, First Floor Community Room, 910 Calle Negocio, San Clemente, CA.

Respectfully submitted,
_______________________________
M. Steven Camp, Chair
Attest:
_______________________________
Jonathan Lightfoot, City Planner
580
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 1
Meeting Date: April 16, 2024 Agenda Item: (13)
Submitted By: Choose an item.

Prepared By:

Subject:
..titl e
ZONING ADMINISTRATOR REGULAR MEETING MINUTES OF APRIL 4, 2024 ..body Fiscal Impact:

Summary:

Background:

Council Options:

Environmental Review/Analysis:

Recommended Actions:

Staff Recommendation ..recommendation
..end
Attachment:

Notification:
581

CITY OF SAN CLEMENTE

MINUTES OF THE REGULAR MEETING

OF THE ZONING ADMINISTRATOR
APRIL 4, 2024
San Clemente City Hall
First Floor Community Room
910 Calle Negocio
San Clemente, California 92673

1. CALL TO ORDER
Zoning Administrator Adam Atamian called the Regular Meeting of the City of San Clemente Zoning Administrator to order on April 4, 2024 at 3:00 p.m.

The meeting was held in the First Floor Community Room of City Hall, 910 Calle Negocio, San Clemente, California.

Staff Present: Adam Atamian, Zoning Administrator
Zach Rehm, Senior Planner
Tamara Tatich, Office Specialist

2. MINUTES
A. Received and filed Minutes from the Zoning Administrator Regular Meeting of March 21, 2023.

3. ORAL AND WRITTEN COMMUNICATION
None.

4. PUBLIC HEARING
A. Continued Public Hearing Project (PHP) 23-411, Sunset Shores Façade Remodel, 410 Corto Lane
The Zoning Administrator will consider the request for a Development Permit (DP) 23-415 for exterior improvements, including a height increase for faux roof extensions, façade improvements, and architectural embellishments, to an existing 18-unit condominium building located at 410 Corto Lane within the Pier Bowl Specific Plan and the Architectural (A) Overlay District.

Staff recommends that the project be found Categorically Exempt from CEQA pursuant to State CEQA Guidelines Section 15301 (Class 1: Existing Facilities).

Senior Planner Zach Rehm summarized the staff report.

Tony Massaro, applicant; and Kelly Shaw, Homeowner Association representative, were available for questions.
582
Minutes of the Zoning Administrator Regular Meeting April 4, 2024 Page 2 Zoning Administrator Atamian opened the public hearing.

Robin Saul, neighboring resident, appreciated the modifications made as a response to the Design Review Subcommittee and local residents’ feedback, yet opposed the height of the project.

Zoning Administrator Atamian clarified the location of Ms. Saul’s unit in relation to the proposed enhancements. Zoning Administrator Atamian asked staff to confirm the height of the project. Staff explained that the maximum height was unchanged from previous design and complies with code, but that several roof towers were reduced in height, and the parapet wall was reduced in scope to reduce view impacts.

Staff stated that approximately six public comments were received from the Reef Gate residents of the adjacent building located at 423 Avenida Granada. Ms. Shaw, Community Manager for Sunset Shores stated that there have been community meetings with board members from both Reef Gate and Sunset Shores Homeowner Associations with Mr. Massaro and Ms. Shaw. Mr. Massaro stated that they made adjustments to the design as a result of that meeting and believe that the view impacts has been mitigated.

Zoning Administrator Atamian required a Condition be added to modify the u-shaped parapet wall to wrap entirely around the pipes to further reduce visibility from the east.

Zoning Administrator Atamian reviewed the types of materials being used in the remodel with Mr. Massaro.

Zoning Administrator Atamian called out that that the ocean-facing rear decks will need to comply with the City’s Design Guidelines and Architectural Overlay using materials that are consistent with Spanish Colonial Revival. The current use of glass will no longer be permitted.

Zoning Administrator Atamian explained that staff will be supportive of allowing maintenance of the existing glass deck rail systems, but once the railings require replacement, the materials need to be a wrought iron bolster application that is mindful of Spanish Colonial Revival. Staff called out Special Condition 4.3 that states this requirement.

Ms. Saul questioned the height as presented in the exhibits. Zoning Administrator Atamian stated based on the elements of the roof extension, the distance and the angle of the view, there should be minimal view impacts.
583
Minutes of the Zoning Administrator Regular Meeting April 4, 2024 Page 3 Zoning Administrator Atamian reviewed the Design Review Subcommittee comments and asked Staff if the potential view impacts were discussed in the meeting. Staff stated that the view impacts taken into consideration were the public views from the pier, not private views from the adjacent condominiums, which is why they recommended more embellishments along the east-facing pier-side.

Zoning Administrator Atamian noted that Development Permit Process does allow for projects that are viewed by the Zoning Administrator to be referred to a higher review level, which would be the Planning Commission, but that was not necessary in this case because public comments have been adressed. Zoning Administrator Atamian believes that there will be some impacts to neighboring residents’ views; however, the City does not protect private views.

Zoning Administrator Atamian complemented the architect for reducing the view impacts considerably while increasing the overall benefit to the community in his design.

Having no further questions, Zoning Administrator Atamian closed the public hearing.

Zoning Administrator Atamian stated he can make the findings stated in the Staff Report, and expressed appreciation of the Conditions of conformity and consistency in materials and aesthetic on the rear ocean-facing railings, concealing the roofline pipes, and that all the new portion of the roof will be tiled to match the existing roof areas.

Zoning Administrator Atamian determined the project Categorically Exempt from CEQA pursuant to State CEQA Guidelines §15301 (Class 1: Existing Facilities).

Action: The Zoning Administrator adopted Resolution ZA24-005, approving Development Permit 23-415, Sunset Shores Façade Remodel, subject to the Conditions of Approval with the additional requirement that the u-shaped parapet wall be extended to wrap entirely around the pipes to further reduce visibility from the east.

5. NEW BUSINESS
None

6. OLD BUSINESS
None
584
Minutes of the Zoning Administrator Regular Meeting April 4, 2024 Page 4

7. ADJOURNMENT
The meeting adjourned at 3:47 p.m. to the Regular Meeting of the Zoning Administrator, which will be held Thursday, April 18, 2024 at 3:00 p.m. at Community Development Department, City Hall, First Floor Community Room, located at 910 Calle Negocio, San Clemente, California.

Respectfully submitted,

SAN CLEMENTE ZONING ADMINISTRATOR
__________________________________
Adam Atamian, Zoning Administrator
585
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 1
Meeting Date: April 16, 2024 Agenda Item: (1)
..ag endizedby
..end
Subject:
..titl e
Approve Wire Transfer Nos.
3011 through 3016 and Warrant Nos.
594918 through 595049, paid on
3-8-24, in the amount of $3,693,729.15
..end
586
587
588
589
590
591
592
593
594
595
596
597
598
599
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 1
Meeting Date: April 16, 2024 Agenda Item: (2)
..ag endizedby
..end
Subject:
..titl e
Approve Wire Transfer Nos.
3017 through 3018 and Warrant Nos.
595050 through 595172, paid on
3-15-24, in the amount of $1,213,722.77
..end
600
601
602
603
604
605
606
607
608
609
610
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 1
Meeting Date: April 16, 2024 Agenda Item: (3)
..ag endizedby
..end
Subject:
..titl e
Approve Handwrite Nos. 595173
through 595174, Wire Transfer Nos.
3019 through 3024 and Warrant Nos.
595175 through 595333, paid on
3-22-24, in the amount of $1,168,821.96
TOTAL WARRANT REGISTER $6,076,273.88 ..end
611
612
613
614
615
616
617
618
619
620
621
622
623
624
625
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 1
Meeting Date: April 16, 2024 Agenda Item:
..ag endizedby
..end
Subject:
..titl e
Warrant No. 928, Automatic Deposit
Advises 92390 through 92697,
for the period 2-19-24 through
3-3-24, paid on 3-8-24, in the
amount of $496,466.63
..end
626
627
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 1
Meeting Date: April 16, 2024 Agenda Item:
..ag endizedby
..end
Subject:
..titl e
Warrant Nos. 929 through 930,
Automatic Deposit Advises 92698
through 93017, for the period
3-4-24 through 3-17-24, paid
on 3-22-24, in the amount of $493,995.27
TOTAL PAYROLL REGISTER $990,461.90 ..end
628
629
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 1
Meeting Date: April 16, 2024 Agenda Item: 10D.

Department: Community Development
..agendizedby..end
Prepared By: Adam Atamian, Community Development Director Subject:
..titl e

COASTAL COMMISSION GRANT APPLICATION TO SUPPORT IMPLEMENTATION OF COASTAL RESILIENCY PLAN ..body AND LOCAL COASTAL PROGRAM Fiscal Impact:

Approval of the application by the California Coastal Commission would result in funding of up to $1.5 Million toward implementation of the City’s Coastal Resiliency Plan and Local Coastal Program.

Summary:

Before the City Council is a resolution authorizing the submittal of a grant application to the California Coastal Commission to support implementation of the City’s Coastal Resiliency Plan and Local Coastal Program.

Background:

The City has previously applied for four similar grants and received funding from the Coastal Commission. In 2014, the Coastal Commission funded a grant that resulted in certification of the City’s Coastal Land Use Plan in 2016 (the first component of a Local Coastal Program). In 2017, the Coastal Commission funded a grant for the City to develop a Sea Level Rise Vulnerability Assessment, which was completed in 2019. From 2019 through 2021, the City developed its Coastal Resiliency Plan with grant funding. In 2022, the Coastal Commission funded a grant that re-established a regional shoreline monitoring program.

The Coastal Commission is currently accepting all grant applications on a rolling basis. All proposals will be reviewed by Coastal staff Commission for consistency with grant program priorities and evaluation criteria. The Coastal Commission Executive Director will make award determinations for proposals up to $500,000, while proposals over $500,000 will be scheduled for possible awarding at a Coastal Commission hearing.

Coastal Commission grant staff have suggested that the City submit a new grant application to identify potential offshore sand borrow sites and verify suitability of material to support beach sand replenishment and retention projects. Additionally, the grant application would request funding to complete and certify the Implementation Plan component of the City’s Local Coastal Program, which would give the City authority to issue Coastal Development Permits for projects in the coastal zone.
630
Meeting Date: April 16, 2024 Agenda Item: 10D.

CITY OF SAN CLEMENTE 2
Discussion:

If authorized to submit an application and if the grant were awarded, funding would support specific tasks included in the City’s Coastal Resiliency Plan. Staff and consultants would identify potential offshore borrow sites and verify suitability of material to support the development of a potential regionally scaled, nature-based beach restoration program in South Orange County involving comprehensive beach sand replenishment and retention projects. After identifying additional sources of beach quality sand, staff and consultants could develop various naturebased projects currently in the planning stages, such as living shorelines, dune restoration projects, beach sand replenishment and pre-filling the beach for inclusion of headland and peninsula concepts. Projects would seek to replicate existing natural features that slow sediment transport rates such as local headlands / peninsulas (i.e., Mariposa Point, Cottons Point / San Mateo Point and Dana Point).

Additionally, the grant scope would overlap and support other City initiatives related to sand nourishment, including the Sand Compatibility and Opportunistic Use Program (SCOUP) and regional coastal resiliency projects and planning efforts with the County of Orange and SANDAG.

The City is also collaborating with OCTA on exploring sand delivery projects utilizing available sand sources such as the Santa Ana River and Prado Dam and other inland sand quarries as well as placing dredged sandy material on the beach as an alternative to rock. Finally, the grant would support completion and adoption of the City’s draft Implementation Plan and targeted Land Use Plan Amendment, with additional analysis on downtown parking and transportation options and geologic stability of coastal bluffs and canyons.

Council Options
 Adopt Resolution No. 24-50 to authorize the submittal of an application to the California Coastal Commission for a Local Coastal Program Grant to support implementation of the City’s Coastal Resiliency Plan and Local Coastal Program.  Modify and adopt Resolution No. 24-50.
 Continue the item and direct staff to provide additional information.  Do not adopt Resolution No. 24-50 and forgo this grant opportunity.

Environmental Review/Analysis
The proposed action to submit the grant application is not a “project” pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15378. (14 CCR § 15378.) Appropriate CEQA determinations will be made for specific projects resulting from the grant funding, if the application is approved.

Recommended Actions:

Staff Recommendation ..recommendation
Adopt Resolution No. 24-50 entitled: “A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF SAN CLEMENTE, CALIFORNIA, AUTHORIZING SUBMITTAL OF AN APPLICATION TO

THE CALIFORNIA COASTAL COMMISSION FOR A LOCAL COASTAL PROGRAM GRANT TO 631
Meeting Date: April 16, 2024 Agenda Item: 10D.

CITY OF SAN CLEMENTE 3
SUPPORT IMPLEMENTATION OF THE CITY’S COASTAL RESILIENCY PLAN AND LOCAL COASTAL PROGRAM.”
..end
Attachment:

1. Resolution No. 24-50 Authorizing Grant Application to the Coastal Commission Notification:

None.
632
Attachment 1
RESOLUTION NO. 24-50

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, AUTHORIZING

SUBMITTAL OF AN APPLICATION TO THE CALIFORNIA

COASTAL COMMISSION FOR A LOCAL COASTAL

PROGRAM GRANT TO SUPPORT IMPLEMENTATION OF
THE CITY’S COASTAL RESILIENCY PLAN AND LOCAL

COASTAL PROGRAM
WHEREAS, on April 24, 2014, the City of San Clemente received a grant of $90,000 for the City to re-initiate efforts toward certification of an Local Coastal Program (LCP); and
WHEREAS, on February 2, 2016, the City Council approved an update to the City’s Coastal Land Use Plan which was submitted to the California Coastal Commission (CCC), approved with suggested modifications by the CCC on February 8, 2018, approved by the City Council on June 12, 2018 and certified by the CCC on August 10, 2018; and
WHEREAS, on January 3, 2017, the City of San Clemente received a second grant of $135,000 from the CCC for the City to continue efforts to develop a LCP and prepare a Sea Level Rise Vulnerability Assessment; and
WHEREAS, the City completed its Sea Level Rise Vulnerability Assessment in 2019 and continued to make progress on its certified LCP efforts; and WHEREAS, in January 2019, the City was awarded a third CCC grant in the amount of $75,000 to assist the City in preparing a Coastal Resiliency Plan and continue efforts to develop the LCP Implementation Plan (IP); and WHEREAS, in December 2021, the City completed the Coastal Resiliency Plan and conducted a public hearing before the City Council on December 7, 2021 and has made substantial progress on the Draft IP; and
WHEREAS, in March 2022, the City was awarded a fourth CCC grant in the amount of $570,000 to assist the City in preparing a Nature Based Coastal Resiliency Feasibility Study and continue efforts to develop the IP; and WHEREAS, on February 20, 2024, the City Council reviewed a draft of the Nature Based Coastal Resiliency Feasibility Study and directed staff to continue work on that planning effort, re-initiate the Sand Compatibility and Opportunistic Use Program (SCOUP), and bolster regional coastal resiliency projects and planning efforts with the County of Orange, OCTA, and SANDAG; and
WHEREAS, the CCC has announced a rolling grant program to support local government coastal resiliency efforts. Funding is provided by the Budget Act of 2021, which appropriates $31 million to the CCC to provide grants to local governments for 633
Resolution No. 24-50 Page 2
projects that are designed to assist local governments in assessing impacts and planning for coastal resiliency; and
WHEREAS, the City desires to implement recommendations contained in the 2021 Coastal Resiliency Plan and continue related planning efforts that could be assisted by CCC grant funding available for a grant term through May 2026; and WHEREAS, the City of San Clemente has a certified Land Use Plan that was comprehensively updated in 2018 and the City released a public review Draft IP in early 2022, which requires further updates and analysis prior to being submitted to the CCC, and
WHEREAS, the City of San Clemente has made significant progress toward LCP certification by the CCC, which will result in the City assuming permit issuing authority in the Coastal Zone, as provided under State law; and
WHEREAS, the City intends to submit an application for a CCC grant to be reviewed by June 2024, building on the successful efforts supported by four previous grants; and
WHEREAS, the City will also utilize in-kind staff and contractor time as a source of matching funds to increase the competitiveness of the City in the grant award process; and
WHEREAS, the City of San Clemente does not yet have an effectively certified LCP; and
WHEREAS, the City of San Clemente desires to pursue a project that would result in the completion and submittal for certification by the CCC of an Amendment to the LCP; and
WHEREAS, the City of San Clemente commits to and agrees to fully support a planning effort intended to complete a certified LCP pursuant to the provisions of the California Coastal Act, with full public participation and coordination with the CCC staff.

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

Section 1. City staff is authorized and directed to submit a grant application package to the CCC to provide financial and planning assistance, under authority of the California Coastal Act, in the amount of up to $1,455,000 to fund the projects more particularly described in the grant application package.

Section 2. The City Manager or his designee is authorized and directed to execute, in the name of the City of San Clemente, all necessary applications, contracts and grant agreements and amendments thereto and to take such other and further actions and execute such other documents as may be necessary and proper to apply for the grant from the CCC or accomplish the purposes of this Resolution. 634
Resolution No. 24-50 Page 3
Section 3. The Mayor of the City of San Clemente shall sign this Resolution and the City Clerk shall attest and certify to the passage and adoption of this Resolution and it shall become effective at the time(s) specified above and in accordance with applicable law.

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

PASSED AND ADOPTED this _____ day of ____________________, _______.

ATTEST:
___________________________ __________________________
City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California
635
Resolution No. 24-50 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. 24-50 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
636
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 1
Meeting Date: April 16, 2024 Agenda Item: 10E.

Submitted By: Community Development
Prepared By: Adam Atamian, Community Development Director Subject:
..titl e

CONSIDERATION OF A RESOLUTION APPROVING THE COASTAL ADVISORY COMMITTEE FISCAL YEAR 2023 ..body-2024 WORK PLAN
Fiscal Impact:

There is no direct fiscal impact associated with the creation of the work plan. However, implementation of the work plan may include consultant fees and staff time, which are anticipated to be minimal. Projects that result in the higher project costs will return to the City Council for funding approval.

Summary:

Before the City Council is the Coastal Advisory Committee’s (CAC) proposed FY 2023-24 Coastal Advisory Committee Work Plan (Work Plan). The purpose of the Work Plan is to identify project priorities and guidance on CAC objectives from the City Council until October, 2024.

Background:

On July 18, 2023, the City Council adopted Ordinance No. 1753 creating a five-member Coastal Advisory Committee. On December 5, 2023, the City Council adopted Ordinance No. 1768 expanding the Coastal Advisory Committee from a five-member committee to a seven-member committee.

Pursuant to San Clemente Municipal Code Chapter 2.29.015, the mission of the Coastal Advisory Committee is to, “enhance the preservation and replacement of sand on City beaches, and where necessary, restore the quality of the coastal water resources and ensure proper and efficient use of the beaches, surf zone and coastal area for the benefit of present and future generations.” Further, the Committee, “shall advise the City Council by making recommendations on policy, programs and regulations related to the City's coastal environment and resources.” At its February 20, 2024 meeting, the City Council provided the following direction on the CAC work plan for Fiscal Year 2024:

1. Get Sand - Advise the City Council on getting sand for San Clemente beaches with a focus on the Sand Compatibility and Opportunistic Use Permit (SCOUP) concerning site locations for opportunistic sand and feasible methods of delivery.

2. Keep Sand - Advise the City Council on best methods to retain sand that are being proposed and/or should be proposed by the nature-based solutions study. 637
Meeting Date: April 16, 2024 Agenda Item: 10E.

CITY OF SAN CLEMENTE 2

3. Water Quality - Advise the City Council on ways to improve water quality, specifically at Poche Beach.

At its March 21, 2024 meeting, the CAC considered proposed work plans that included the City Council direction, and recommended the Work Plan provided as Attachment 2.

Council Options:
 Adopt Resolution No. 24-51, which would approve the CAC FY 2023-2024 Work Plan, and determine that the activities in the FY 2023-2024 Work Plan are exempt from the California Environmental Quality Act (CEQA).
 Modify and adopt Resolution No. 24-51 with changes to the CAC FY 2023-2024 Work Plan.  Continue the item with direction to provide additional information.  Do not approve the CAC FY 2023-24 Work Plan.

Environmental Review/Analysis:

An environmental analysis has been conducted on all items on the CAC’s FY 2023-2024 Work Plan and has determined that none of the items constitutes a “project” pursuant to CEQA Guidelines Section 15378 (14 CCR § 15378). Pursuant to CEQA Guidelines Section 15060(c)(2), an activity is not subject to CEQA if the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment (14 CCR § 15060).

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

ITEM CEQA FINDING
Sand Acquisition Not a project pursuant to CEQA Guidelines Section 15378 (14 CCR § 15378). Making
recommendations has no potential for resulting
in either a direct physical change in the
environment, or a reasonably foreseeable
indirect physical change in the environment.

Each of any project or programs recommended
will be separately evaluated under CEQA
before any approvals.

Sand Retention Not a project pursuant to CEQA Guidelines Section 15378 (14 CCR § 15378). Making
recommendations has no potential for resulting
in either a direct physical change in the
environment, or a reasonably foreseeable
indirect physical change in the environment.

Each of any project or programs recommended
will be separately evaluated under CEQA
before any approvals.
638
Meeting Date: April 16, 2024 Agenda Item: 10E.

CITY OF SAN CLEMENTE 3
Water Quality Not a project pursuant to CEQA Guidelines Section 15378 (14 CCR § 15378). Making
recommendations has no potential for resulting
in either a direct physical change in the
environment, or a reasonably foreseeable
indirect physical change in the environment.

Each of any project or programs recommended
will be separately evaluated under CEQA
before any approvals.

Recommended Actions:

Staff Recommendation ..recommendation
THE COASTAL ADVISORY COMMITTEE RECOMMENDS THAT the City Council adopt Resolution No. 24- 51, which would approve the FY 2023-24 Work Plan as presented by the Coastal Advisory Committee.
..end
Attachment:

1. Resolution No. 24-51

2. Proposed Coastal Advisory Committee Work Plan
Notification:

Coastal Advisory Committee Members
639
Attachment 1
RESOLUTION NO. 24-51

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, APPROVING THE FISCAL
YEAR 2023-2024 COASTAL ADVISORY COMMITTEE

WORK PLAN
WHEREAS, the Coastal Advisory Committee was established to act in an advisory capacity to the City Council in planning pertaining to coastal issues identified by the City Council; and
WHEREAS, the San Clemente Municipal Code § 2.29.020(e) requires that the Coastal Advisory Committee develop an annual work plan with specific goals and objectives for the coming year and submit it to the City Council for approval each year; and WHEREAS, at its February 20, 2024 meeting, the City Council provided direction on the Coastal Advisory Committee FY 2023-24 Work Plan; and WHEREAS, on March 21, 2024, the Coastal Advisory Committee reviewed and recommended approval of three items to be included in its FY 2023-24 Work Plan and those items were presented to the City Council on April 16, 2024.

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

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

Section 2. The Coastal Advisory Committee FY 2023-24 Work Plan shall consist of the items as presented to the City Council in the April 14, 2024 agenda materials.

Section 3. That in addition to the items listed on the FY 2023-24 Work Plan, the Committee may review all additional items directed for further consideration of the Committee by vote of the City Council.

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

PASSED AND ADOPTED this _____ day of ____________________, _______.

ATTEST:
___________________________ __________________________
City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California
640
Resolution No. 24-51 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. 24-51 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
641
ATTACHMENT 2 ANNUAL WORK PLAN
COMMISSION/COMMITTEE NAME: Coastal Advisory Committee
Please be concise in responding to the below questions. Additional forms may be attached, if needed.

Project Name: Sand AcquisitionPurpose, Goals and Deliverables of Project:

Advise the City Council on getting sand for San Clemente beaches with a focus on the Sand Compatibility and Opportunistic Use Permit (SCOUP). Identify and present additional and/or alternative beach sand acquisition sources for City Council consideration.Items may include identifying and compiling a list of the most viable sources of sand (considering sediment characteristics, locations, transportation, permitting, and costs) that would be available upon the City obtaining a SCOUP permit, to be referenced in future opportunistic sand efforts. Deliverable of the project to be the compilation of all recommendations relevant to this project to be forwarded for the consideration of the City Council.

Estimated Project Cost. If cost is involved, is it included in the adopted City budget? n/aProject Timeline (Anticipated Start and End Dates): Beyond November 2024.Resources Needed (including Staff hours): Minimal staff time required, 10-20 hours to assist in CAC meeting facilitation.Is this a new project or unfinished project from the prior fiscal year? NewProject Name: Sand RetentionPurpose, Goals and Deliverables of Project:

Advise the City Council on best methods to retain sand on San Clemente beaches and near shore. Identify and present additional and/or alternative beach sand retention programs/studies for City Council consideration.Items may include reviewing the Nature Based Coastal Resiliency Project Feasibility Study and providing recommendations to the City Council on proposed sand retention strategies. Deliverable of the project to be the compilation of recommendations relevant to this project to be forwarded for the consideration of the City Council.

Estimated Project Cost. If cost is involved, is it included in the adopted City budget? n/aProject Timeline (Anticipated Start and End Dates): Beyond November 2024.Resources Needed (including Staff hours): Minimal staff time required, 10-20 hours to assist in CAC meeting facilitation.Is this a new project or unfinished project from the prior fiscal year? New 642
ATTACHMENT 2

ANNUAL WORK PLAN
COMMISSION/COMMITTEE NAME: Coastal Advisory Committee
Please be concise in responding to the below questions. Additional forms may be attached, if needed.

Project Name: Water QualityPurpose, Goals and Deliverables of Project:

Advise the City Council on ways to improve water quality, specifically at Poche Beach. Identify and present other beach water quality monitoring/improvement programs/studies for City Council consideration.Items may include identifying water quality improvement strategies, program development, public education and outreach, coordination with water customers, etc. Deliverable of the project to be the compilation of recommendations relevant to this project to be forwarded for the consideration of the City Council.

Estimated Project Cost. If cost is involved, is it included in the adopted City budget? n/aProject Timeline (Anticipated Start and End Dates): Beyond November 2024.Resources Needed (including Staff hours): Minimal staff time required, 10-20 hours to assist in CAC meeting facilitation.Is this a new project or unfinished project from the prior fiscal year? NewProject Name:Purpose, Goals and Deliverables of Project:Estimated Project Cost. If cost is involved, is it included in the adopted City budget?Project Timeline (Anticipated Start and End Dates):Resources Needed (including Staff hours):Is this a new project or unfinished project from the prior fiscal year? 643
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 1
Meeting Date: April 16, 2024 Agenda Item: 10F.

Submitted By: Finance and Administrative Services
Prepared By: Jake Rahn, Financial Services Officer
Subject:
..titl e

CONSIDERATION OF A RESOLUTION APPOINTING AUDITOR AND APPROVING AN AUDIT SERVICES CONTRACT ..body AMENDMENT
Fiscal Impact:

The annual audit fees would cost $35,290 for the FY 2023-24 audit.

Summary:

Before the City Council is the appointment of and approval of a contract amendment with Lance, Soll & Lunghard, LLP for continued audit services.

Background:

Each year an independent audit of the City’s accounting records is conducted and an opinion is rendered by the auditing firm with respect to the Annual Comprehensive Financial Report Audit, Single Audit of Coastal Animal Services Authority, and Issuance of Related Financial Reports.

The City solicited proposals in 2018 and awarded the audit services contract to Lance, Soll & Lunghard, LLP (LSL) to perform such services and the term was completed with the FY 2023 audit. Audit contracts typically range from five to seven years and this six-year contract has an opportunity to extend services for the completion of the FY 2024 audit. Extending the term of this contract by amendment for 1-year will ensure continuity of services during the implementation of the two-year budget cycle. A quote was requested from LSL for a one-year extension, which is within the typical range of seven years.

The proposal amount of $35,290 is a $1,690 increase from the previous year’s cost and is within the 2018 proposals received from qualified firms for audit services, which ranged between $27,500 and $47,350. Due to their specific knowledge of the City, continuity of services, and expertise in governmental entities, City staff is recommending the approval of a one-year extension for LSL to provide audit services. Next year, City staff is planning to solicit proposals for a new five-year audit contract.

Council Options:
 Adopt Resolution No. 24-52, authorizing the City Manager to execute an amendment to the Professional Services Agreement with LSL extending the services for 1 year.  Modify and adopt Resolution No. 24-52.
 Continue the item with direction to staff to provide additional information. 644
Meeting Date: April 16, 2024 Agenda Item: 10F.

CITY OF SAN CLEMENTE 2
 Deny the request for an amendment to the Professional Services Agreement with LSL and direct staff to solicit proposals.

Environmental Review/Analysis:

This is not a “project” under the California Environmental Quality Act.

Recommended Actions:

Staff Recommendation
..recommendation
Adopt Resolution No. 24-52, authorizing the City Manager to execute an amendment to the Professional Services Agreement with LSL extending the services for 1 year for an amount not to exceed $35,290.
..end
Attachment:

1. 1st Amendment to the Professional Services Agreement for Audit Services

2. Resolution No. 24-52

3. Exhibit A
Notification:

None.
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Attachment 1
646
647
Attachment 2
4865-2498-4682 v1
RESOLUTION NO. 24-52

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, AUTHORIZING THE CITY

MANAGER TO EXECUTE THE FIRST AMENDMENT TO

THE PROFESSIONAL SERVICES AGREEMENT WITH

LANCE, SOLL & LUNGHARD, LLP TO PROVIDE

PROFESSIONAL AUDIT SERVICES
WHEREAS, on June 19, 2018, the City of San Clemente (“City”) and Lance, Soll & Lunghard, LLP entered into a Professional Services Agreement (“Agreement”) for Audit Services; and
WHEREAS, the Professional Services Agreement for Audit Services will expire on June 30, 2024; and
WHEREAS, the continuation of Professional Audit Services with Lance, Soll & Lunghard, LLP is in the best interest of the City and the public.

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

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

SECTION 2. That the City Manager is authorized and directed to execute the First Amendment to the Professional Services Agreement for Auditing Services with Lance, Soll & Lunghard, LLP extending the term of the agreement through June 30, 2025 for an amount not to exceed $35,290 in a form substantially similar to that presented to the City Council on April 16, 2024.

SECTION 3. 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 Clemente, California San Clemente, California
648
Resolution No. 24-52 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. 24-52 was adopted at a regular meeting of the City Council of the City of San Clemente held on _______ day of ______ 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 ________________, ________. _______________________
CITY CLERK of the City of
San Clemente, California
Approved as to form:
___________________________
Elizabeth A. Mitchell, City Attorney
649

PREPARED BY
Lance, Soll & Lunghard, LLP
Certified Public Accountants
License Number 2584
City of San Clemente
Financial Audit Services
Date of Submission: February 13, 2024
Authorized by
Ryan Domino, CPA, Partner
203 N. Brea Blvd., Suite 203
Brea, CA 92821
(714) 672-0022
Exhibit A
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TABLE OF CONTENTS
TABLE OF CONTENTS ........................................................................................................................... 1 LETTER OF TRANSMITTAL ................................................................................................................... 2 Specific Approach to Scope of Services ................................................................................................ 2 Qualifications/Personnel ........................................................................................................................ 2 Adapting to a Remote Working Relationship ......................................................................................... 3 Dollar-Cost Proposal ............................................................................................................................. 3 Conclusion ............................................................................................................................................. 3 QUALIFICATIONS & EXPERIENCE ........................................................................................................ 4 License to Practice ................................................................................................................................ 4 Government Auditing Standards ........................................................................................................... 4 Desk Reviews/Disciplinary Action ......................................................................................................... 4 Continuing Education ............................................................................................................................ 4 Recent Experience ................................................................................................................................ 4 Peer Review .......................................................................................................................................... 4 BENEFITS OF WORKING WITH LSL ..................................................................................................... 7 Our Core Values .................................................................................................................................... 7 Best of Accounting Award ..................................................................................................................... 7 Accounting Today Regional Leader ...................................................................................................... 8 Training & Seminars .............................................................................................................................. 8 ENGAGEMENT TEAM RESUMES .......................................................................................................... 9

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LETTER OF TRANSMITTAL
February 13, 2024
Jake Rahn
Financial Services Officer
City of San Clemente
910 Calle Negocio
San Clemente, California 92673
Dear Mr. Rahn,
LANCE, SOLL & LUNGHARD, LLP ("LSL CPAs," "LSL") is pleased to present our technical expertise of auditing services for the City of San Clemente ("City"). We value the opportunity to demonstrate our professional qualifications and why our services are second to none.

This qualifications proposal highlights our firm’s strength and stability, along with our knowledge, passion, and creative problem-solving capabilities as a leader in the field of governmental finance, accounting, and auditing. Our dynamic team is comprised of top talent within the industry, and with our comprehensive government experience we believe you will find that LSL CPAs is one of the best-qualified accounting firms to provide audit services for the City of San Clemente.

SPECIFIC APPROACH TO SCOPE OF SERVICES
LSL has a structured and well-tested approach to providing independent auditing services. Based on our understanding of the City’s needs, our team is ready to assist with the City’s annual comprehensive financial report audit, annual Coastal Animal Service Authority audit, and, if applicable, a single audit in accordance with General Accepted Governmental Auditing Standards (GAGAS) and Uniform Guidance for the year ended June 30, 2024, an extension of our previous agreement.

QUALIFICATIONS/PERSONNEL
LSL Partner, Ryan Domino, CPA, will be responsible for overseeing this engagement. He currently serves as a technical reviewer for the Government Finance Officers Association (GFOA) and regularly presents at our firm’s annual GASB Update and at CSMFO’s chapter meetings where he presents and trains on the latest GASB pronouncements. Ryan is an expert on Single Audit planning and execution and holds advanced certification from the AICPA. Ryan provides our clients with a competitive advantage as a member of GFOA’s Special Review Committee for the Award for Excellence in Financial Reporting and is able to provide valuable insights and recommendations to help organizations achieve excellence in financial reporting.

All of our government partners and team members have worked within government agencies for the majority of their careers and are experts in their respective fields. Ryan will assign the best professionals who have expertise in auditing and a range of complementary subjects. Their experiences and skills gained from previous assignments are tailored to meet the specific needs of the City.
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ADAPTING TO A REMOTE WORKING RELATIONSHIP
LSL is fully equipped with software and communication tools to support a remote process. We leverage Microsoft Teams to easily connect over a video call in a face-to-face setting, giving us the ability to share screens and information in real-time. Additionally, having the customizable LSL CaseWare Cloud Portal makes the exchange of secure information easy and painless. The LSL team is also accustomed to working with our client’s financial software solutions in a remote environment, taking advantage of VPN connections and remote desktops.

In an effort to reduce costs, our team works remotely using remote desktop technology. It is anticipated that the independent audit work for the City will be performed entirely remotely. If onsite time is required or requested, this can be discussed on a case-by-case basis.

DOLLAR-COST PROPOSAL
Description Fee
Proposed Services for One-Year Extension
$27,450
3,920
Annual Comprehensive Financial Report Audit
Single Audit
Coastal Animal Services Authority Audit 3,920
Total $35,290
Please note that any non-personnel-related costs will be billed and reimbursed as they are incurred, if necessary.

Progress bills will be sent monthly on the basis of hours of work completed during the course of the engagement plus out-of-pocket expenses incurred in accordance with our proposal.

CONCLUSION
Our collective experience in local government accounting and internal controls backed by our comprehensive understanding of all federal and state grant programs awarded to municipalities, has refined our development of efficient procedures and streamlined work plan approach to the City’s financial statement audit in accordance with General Accepted Governmental Auditing Standards (GAGAS). We believe that these qualities establish LSL as one of the most highly qualified teams to perform this engagement for the City.

Our proposal is a firm and irrevocable offer for 90 days following the closing date of receipt. For this proposal, Ryan Domino, CPA, Partner, is authorized to make representations for our firm. He can be reached at (714) 672-0022 or at [email protected].

Very truly yours,
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QUALIFICATIONS & EXPERIENCE

LICENSE TO PRACTICE
LSL CPAs is a limited liability partnership and is not a wholly owned subsidiary of a parent company. LSL is a public accounting firm licensed by the State of California Department of Consumer Affairs as a Public Accounting Partnership. Additionally, we are members of the American Institute of Certified Public Accountants (AICPA) and the California Society of Certified Public Accountants (CalCPA).

All key members assigned to this engagement are licensed as Certified Public Accountants by the State of California or are in the process of obtaining their license.

GOVERNMENT AUDITING STANDARDS
LSL understands its responsibilities to perform audits and issue opinions on the City’s financial statements as well as its fair presentation. Our financial audits are performed in accordance with the Generally Accepted Government Auditing Standards (GAGAS) issued by the Comptroller General of the United States, and Single Audits are performed in accordance with the requirements of the Uniform Guidance. We will also evaluate the City's internal control system and provide recommendations for growth and improvement.

DESK REVIEWS/DISCIPLINARY ACTION
There have been no disciplinary actions against our organization since its inception. There have been no litigations against our firm in the past three years. Our Single Audit reports are desk reviewed either by the federal cognizant agency or the State Controller’s Office acting as the Oversight Agency. We have never had a report rejected by any of these agencies, which demonstrates our thorough understanding of federal grant programs. LSL is highly regarded and recognized by the staff of the State Controller’s Office for top-quality reports.

CONTINUING EDUCATION
As a firm policy, all professional government staff meet the requirement of 40 hours of continuing education every year, with at least 24 hours in governmental accounting and auditing in a two-year period. Our educational programs include training from CalCPA, AICPA, Government Audit Quality Center, and GFOA.

RECENT EXPERIENCE
As a firm, we have extensive experience with municipalities including cities, counties, water and electric utilities, special districts, joint powers authorities, and compliance with OMB Uniform Guidance. We are familiar with all federal and state grant programs typically awarded to municipalities. Generally, our government sector services are broken down into the following major classifications: attestation, compliance, consulting, interim staffing, strategic planning, and tax services.

Our collective experience in local government accounting and finance, backed by our comprehensive understanding of all federal and state grant programs awarded to municipalities and internal controls, has refined our development of efficient procedures and streamlined work plan approach, which we believe makes LSL one of the best-qualified teams to perform these services.

PEER REVIEW
Our firm has participated in the AICPA Peer Review Program since its inception. All our peer reviews have covered governmental engagements and have received pass ratings. Our most recent peer review, conducted by Spafford and Landry CPAs, is provided on the following pages.
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BENEFITS OF WORKING WITH LSL
LSL is a multi-location firm with formidable resources that provides a personal feel and hands-on client experience.

OUR CORE VALUES
As we continue to grow and evolve, we recognized our core values needed to grow and change with us. Our values weren’t decided on by management and handed down, every member of the LSL team worked together to share what values matter most to us. From there, we came up with the following five core values that embody how we approach each other, our work, and our clients.

BEST OF ACCOUNTING AWARD
LSL CPAs delivers high-quality service and has consistently secured the ClearlyRated Best of Accounting award.

This exclusive program awards accounting firms who demonstrate high-level service of excellence within the accounting industry and solely leverages statistically validated survey responses from our clients.

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ACCOUNTING TODAY REGIONAL LEADER
LSL CPAs has been recognized as an Accounting Today Regional Leader in 2023. The list ranks the top CPA firms that have shown exceptional growth, embraced technology, and who ‘think outside the box’ when providing solutions.

TRAINING & SEMINARS
LSL regularly leads seminars and training courses on introductory governmental accounting, preliminary views on financial reporting, internal control risk assessments, and all GASB updates and best practices, which are made available to our clients for additional information and continued support. These will be opportunities made available through our firm to the City for training or continuing professional education credits on current issues or governmental auditing and accounting in general.

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ENGAGEMENT TEAM RESUMES
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Ryan Domino, CPA

ENGAGEMENT PARTNER

ACHIEVEMENTS
Ryan currently serves as a technical reviewer for the Government Finance Officers Association (GFOA) and has been a presenter at CSMFO’s chapter meetings. He has been involved with teaching current audit and accountingrelated material at LSL’s in-house training seminars, and annual GASB Update.

CONTINUING EDUCATION
231 total hours over the last three years, 204 of which were in governmental accounting and auditing subjects. Ryan meets the requirements of governmental CPE Government Auditing Standards.

EXPERIENCE
Ryan has over 11 years of experience in governmental auditing including financial statement audits, preparation of Annual Comprehensive Financial Reports, Housing Successor compliance audits, TDA compliance audits, Single Audits, Federal Student Financial Aid audits, and various consulting and agreed-upon procedures projects.

Ryan is one of the firm’s leaders in ensuring audit quality control and Government Practice training for staff. He is a regular presenter at the firm’s annual GASB Update where he has presented training to our clients on the latest GASB pronouncements and has been a presenter for CSMFO’s chapter meetings.

Some of his presentations have covered:
 General auditing in accordance with GAGAS
 Accounting for capital assets
 GASB Statement Nos. 89, 90, 91, and 94

MEMBERSHIPS
AICPA, CalCPA, CSMFO, GFOA

EDUCATION
Bachelor of Arts Degree in Business Administration with an emphasis in Accounting – California State University, Fullerton

LICENSES &

CERTIFICATIONS
California CPA – 2014
Texas CPA – 2023
AICPA Advanced Single
Audit Certification – 2018

AUDIT ENGAGEMENTS
City of Agoura Hills, CA
City of Carlsbad, CA
City of Cathedral City, CA
City of Chula Vista, CA
City of Fullerton, CA
City of Indio, CA
City of Lompoc, CA
City of Moorpark, CA
City of Orange, CA
City of Pleasanton, CA
City of Rialto, CA
City of Riverside, CA
City of San Clemente, CA
City of San Juan Capistrano, CA
City of Santa Monica, CA
Eastern Municipal Water District
Jurupa Community Services District
Orange County Fire Authority
Orange County Water District
Orchard Dale Water District
Rainbow Municipal Water District
San Bernardino Muni. Water Dept.

Three Valleys Muni. Water Dist.

United Water Conservation Dist.

Yorba Linda Water Dist.

OTHER ENGAGEMENTS
California Dept. of Healthcare Svcs.

City of American Canyon, CA
City of Marfa, TX
660
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 1
Meeting Date: April 16, 2024 Agenda Item: 10G
Submitted By: Utilities
Prepared By: Niki Beach, Environmental Programs Analyst Subject:
..titl e

CONSIDERATION OF A RESOLUTION AWARDING A CONTRACT FOR LAND USE SOFTWARE WATER USE COMPLIANCE TO EAGLE AERIAL SOLUTIONS IN AN AMOUNT NOT TO EXCEED $140,800 FOR

THREE YEARS, AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT AND FINDING THE ACTION ..body EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT Fiscal Impact:

The total amount of the contract is not to exceed $140,800 for three years. The first year of services will cost $42,300, for which there are sufficient funds in Account No. 052-464-43890- 000-00000 of the Fiscal Year 2024 budget. The costs of subsequent years of the software subscription will be requested during the annual budget process and billed on an annual basis.

Summary:

Before the City Council is the adoption of Resolution No. 24-53 to authorize the City Manager to execute a Professional Services Agreement with Eagle Aerial Solutions in an amount not to exceed $140,800 for three subsequent years of subscription to the WaterView Software-as-aService online portal. This agreement would provide Utilities staff with the set-up of, and three years of updates and access to, a customized GIS-based portal that integrates water consumption data, landscape area, vegetation type, and census data to provide a real-time snapshot of water conservation performance at the parcel, neighborhood, or City-wide level. It will also provide a means by which to benchmark water use to water conservation objectives imposed on the City by State regulations beginning in 2024. In addition, the software will have capabilities to filter the City’s customers by efficiency of water use, eligibility for conservation rebates, underserved community status, and other characteristics that would help staff deliver more targeted and effective outreach to its diverse range of water users.

Background:

Since the passage of SB 606 and AB 1668 in 2018, the State Water Resources Control Board (SWRCB) has developed water conservation regulations that mandate each urban water supplier, such as the City of San Clemente, to develop and report on compliance with an annual aggregate Water Use Objective (WUO) beginning January 1, 2025.

The WUO is being developed by the City and will be self-reported to the SWRCB based on irrigated and/or irrigable areas and population. Water suppliers that are not meeting their WUO will begin to receive Conservation Orders from the SWRCB beginning in 2026. By January 1, 2027, noncompliant water providers may be liable for fines of up to $1,000 per day, and up to $10,000 per day if emergency drought conditions exist at the time. Utilities Department staff have been investigating tools to assist with compliance and customer outreach, as the development of 661
Meeting Date: April 16, 2024 Agenda Item: 10G
CITY OF SAN CLEMENTE 2
and compliance with a WUO by staff will heavily depend on the ability to view and analyze Stateprovided irrigated landscape data in a graphical, GIS-based format. Thus, the scope of work for a Request for Proposals in early 2023 focused on development of and access to a software portal that could synthesize State-provided imagery and land use classifications with U.S. Census population data and the City’s monthly water meter read/water consumption data.

Following research regarding whether there were any local software vendors and the release of a Request for Proposals for Land Use Software for WUO Compliance, the City received written responses from two firms: Software Staffers and Eagle Aerial Solutions, in the amounts of approximately $110,000 and $140,800, respectively. Based on the proposals and interviews, Eagle Aerial Solutions’ WaterView subscription is recommended due the software being more effective at assisting staff with managing regulatory compliance and targeting specific residents for water efficiency messaging, rebate opportunities, and other such programs, using analysis of water use by parcel and neighborhood to locate high use relative to customer type and parcel size to improve outreach for customers to improve water use efficiency.

Initially, the software will import data for and assess the performance of residential parcels. Staff has negotiated the contract with Eagle Aerial Solutions to include commercial and institutional landscape water use efficiency in the portal during the second and third years, since water use by both of these customer types will be incorporated into the City’s annual WUO performance report to the State beginning in 2024.

Council Options:
 Adopt Resolution No. 24-53 to approve and authorize the City Manager to execute the Professional Services Agreement with Eagle Aerial Solutions for the WaterView Software-asa-Service online portal and finding the action exempt from CEQA.  Request modifications to the Professional Services Agreement with Eagle Aerial Solutions and have staff return with a new Resolution for City Council consideration.  Deny the adoption of Resolution No. 24-53 to authorize execution of the Professional Services Agreement with Eagle Aerial Solutions and provide direction to staff.  Continue the item with direction to staff to provide additional information.

Environmental Review/Analysis:

The recommended action is categorically exempt from CEQA pursuant to 14 CCR 15306 - Information Collection, which includes basic data collection, research, experimental management and resource evaluation activities, which do not result in a serious or major disturbance to an environmental resource.

Recommended Actions:
..recommendation
Staff recommends that the City Council adopt Resolution No. 24-53, which would:
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Meeting Date: April 16, 2024 Agenda Item: 10G
CITY OF SAN CLEMENTE 3

1. Find the project categorically exempt from CEQA pursuant to 14 CCR 15306 - Information Collection;

2. Award a three-year Professional Services Agreement to Eagle Aerial Solutions for WaterView subscriptions; and

3. Authorize the City Manager to execute a Professional Services Agreement with Eagle Aerial Solutions in an amount not to exceed $140,800.
..end
Attachment:

1. Resolution No. 24-53

2. Professional Consultant Services Agreement with Eagle Aerial Solutions Notification:

All proposers
663
ATTACHMENT 1
RESOLUTION NO. 24-53

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, AWARDING A

PROFESSIONAL SERVICES AGREEMENT TO EAGLE

AERIAL SOLUTIONS FOR THREE SUBSEQUENT YEARS
OF SUBSCRIPTION TO THE WATERVIEW SOFTWARE-ASA-SERVICE PORTAL, AUTHORIZING THE CITY MANAGER

TO EXECUTE THE AGREE IN AN AMOUNT NOT TO
EXCEED $140,800, AND FINDING THE PROJECT

CATEGORICALLY EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT UNDER 14 CCR SECTION
15306 – CLASS 6 (INFORMATION COLLECTION)
WHEREAS, the City of San Clemente Utilities Department houses a Water Conservation Program consisting of one full-time staff member; and WHEREAS, in 2018, the Governor of the State of California signed into law AB 1668 and SB 606, collectively known as the “Making Conservation a California Way of Life” legislation; and
WHEREAS, on March 22, 2023, and again on October 4, 2023 the State Water Resources Control Board (“Water Board”) held rulemaking workshops to propose final regulations for the implementation of AB 1668 and SB 606; and WHEREAS, the proposed Water Board regulations will require all urban retail water suppliers, including the City of San Clemente, to develop and comply with an annual water use objective (WOU) that is a function of, among other inputs, residential population and aggregate landscape area throughout its water service area; and WHEREAS, the City currently has over 17,700 diverse and unique potable and recycled water connections to consider when determining which customers to reach out to on conservation issues, and how; and
WHEREAS, City staff will require additional resources to evaluate, and if necessary, educate and/or enforce on, individual cases of excessive water use that may be impeding the City from achieving or maintaining aggregate compliance with the State Board’s WUO; and
WHEREAS, the City conducted a Request for Proposals (RFP) in February 2023 for Land Use Software for WUO Compliance, following which Eagle Aerial Solutions was determined to be best qualified to meet the City’s needs with their WaterView platform, and their price was fair and reasonable.

NOW, THEREFORE, the City Council of the City of San Clemente does hereby find, determine and resolve as follows:
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Resolution No. 24-53 Page 2
Section 1. That based on a review of the record as a whole, the City Council finds that the project is categorically exempt from the California Environmental Quality Act pursuant to 14 CCR section 15306 – Class 6 (Information Collection) because it consists of basic data collection, research, experimental management and resource evaluation activities that do not result in a serious or major disturbance to an environmental resource.

Section 2. That the City Council hereby awards a professional services agreement to Eagle Aerial Solutions for an annual subscription to the WaterView water conservation/land use portal for three years in an amount not to exceed $140,800.

Section 3. That the City Manager is authorized and directed to execute a professional services agreement with Eagle Aerial Solutions for an annual subscription to the WaterView water conservation/land use portal in a form substantially similar to that presented to the City Council on April 16, 2024.

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 ____________________, _______.

ATTEST:
___________________________ __________________________
City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California
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Resolution No. 24-53 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. 24-53 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
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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, 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 Eagle Aerial Photography, Inc., a Delaware corporation, dba Eagle Aerial Solutions, with its principal place of business at 3333 Michelson Drive, Suite 300, Irvine, CA 92612 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. RECITALS.

2.1 Consultant.

Consultant desires to provide a subscription on the terms set forth herein to a web-based, Software-as-a-Service (“SaaS”) water conservation software solution called WaterView and certain professional SaaS consulting services with respect to the use of the WaterView solution required by the City on the terms and conditions set forth in this Agreement (collectively, “WaterView”). Consultant represents that it is experienced in providing WaterView to public clients, is licensed in the State of California, if applicable, is duly organized and existing under the laws of the State of Delaware, and is registered and authorized to do business in the State of California.

2.2 Project.

City desires to engage Consultant to provide WaterView such subscription and render such professional Software-as-a-Service (SaaS) consulting services with respect to the WaterView solution to assist City with its Water Use Objective (“WUE”) Compliance 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 WaterView for the Project. WaterView is more particularly described in Exhibit "A" attached hereto and incorporated herein by reference.

WaterView shall be provided 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 for three years from _______, 2024 to _________, 2027 unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than 2 additional one-year terms at the same prices listed on Exhibit “D.” Consultant shall provide WaterView within the term of this Agreement, and shall meet any other established schedules and deadlines.
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3.2 Responsibilities of Consultant.

3.2.1 Independent Contractor; Control and Payment of Subordinates.

WaterView shall be provided by Consultant or under its supervision. Consultant will determine the means, methods and details of providing WaterView 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 providing WaterView under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, nor any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.

3.2.2 Schedule of Services. Consultant shall provide WaterView 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 provide WaterView 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 provision of WaterView 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 provide WaterView 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: Wayne Tate, President; or Jazmine Molloy, Rob Whipple, Matt Schaeffer, Marisela Lopez and/or Sierra Terrabonne, Customer Service team members.

3.2.6 City's Representative. The City hereby designates Dustin Burnside, Utilities Manager, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Work or change the total compensation due to Consultant under this Agreement. The City Manager shall be 668
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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 Wayne Tate, President, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

3.2.8 Coordination of Services. Consultant agrees to work closely with City staff in the provision of WaterView 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 provide WaterView 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 provide WaterView. 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 provide WaterView, 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 provide WaterView in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to provide WaterView 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 WaterView, 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 providing WaterView, 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 669
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applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subconsultants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.

3.2.12 Insurance. Consultant agrees to procure and maintain, at Consultant’s expense all insurance specified in Exhibit “C” attached hereto and by this reference incorporated herein. Consultant shall require all subconsultants to carry the same policies and limits of insurance that the Consultant is required to maintain, unless otherwise approved in writing by the City.

3.3 Fees and Payments.

3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for WaterView at the rates set forth in Exhibit "D" attached hereto and incorporated herein by reference. The total compensation for the initial three (3)-year term of this Agreement shall not exceed One Hundred Forty Thousand Eight Hundred dollars ($140,800) without written approval of the City Council. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement. Authorized Extra Work may not exceed 10% of the value of this Agreement without City Council approval.

3.3.2 Payment of Compensation. Payment in accordance with the terms of Exhibit “D” shall be made at the beginning of each year of the subscription period for WaterView as set forth in Exhibit D.

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. If services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant 670
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shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

3.3.6.2 Registration. If 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 if Consultant has failed to complied with its obligations under this Agreement after having been given at least seven (7) days’ notice of City’s belief that Consultant has failed to perform its obligations hereunder and if Consultant has failed to cure such failure within a reasonable period thereafter not to exceed thirty (30) days.

Upon termination for cause, the City shall be entitled to be reimbursed for any prepaid subscription fees on a pro rata basis from the date of termination. City may also terminate this Agreement for convenience at any time upon at least thirty (30) days’ written notice, but if it does, shall not be entitled to recover any prepaid subscription fees. 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 provision of WaterView 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 671
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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: Eagle Aerial Solutions
3333 Michelson Dr. Ste. 300
Irvine, CA 92612
ATTN: Wayne Tate
City: City of San Clemente
910 Calle Negocio
San Clemente, CA 92673
ATTN: Laura Campagnolo, City Clerk, and
Dustin Burnside, Utilities Manager
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.

Notwithstanding the foregoing, City shall have no right to the WaterView software solution or any portion thereof, other than as licensed for use hereunder, or any dataset procured by Consultant under license from third party vendors in connection with the provision of the WaterView solution.

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 provision of WaterView. Nor shall such materials be disclosed to any person or entity not connected with the provision of WaterView 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 WaterView or the Project in 672
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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 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 provision of WaterView, the Project, this Agreement or Consultant’s failure to meet any of its obligations under 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.

3.5.6.3 Intellectual Property and Cyber Liability Indemnity. With 673
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respect to the use of WaterView by City, Consultant shall indemnify, defend and hold harmless City from and against any claim, action, expense or liability arising from:
a) The theft, dissemination and/or use of confidential or personally identifiable information; including but not limited to personally identifiable information (PII), protected health information (PHI), security codes, access codes, passwords, etc.; b) Network security liability arising from the unauthorized use of, access to, or tampering with computer systems, including hacker or denial of service attacks; c) Liability arising from introducing a computer virus into or otherwise causing damage to City’s (first-party) or customer’s (third party) computer, computer system, network, or similarly related property and the data, software, and programs; d) Liability arising from professional misconduct or lack of the skill required for performing services defined in this Agreement; e) Costs associated with restoring, updating, or replacing data; f) Costs associated with a privacy breach, including
notification costs, customer support, forensics, crisis management, public relations consulting, legal services of a privacy attorney, credit monitoring, and identity fraud resolution services for affected individuals; and
g) Liability associated with infringement of intellectual property rights.

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.

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 674
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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 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 provision of WaterView.

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 675
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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 electronically and in counterparts, each of which shall constitute an original.

3.6 Subcontracting.

3.6.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed on the respective dates set forth opposite of their signatures.

CITY OF SAN CLEMENTE

By:________________________________
ATTEST: Andy Hall, City Manager
______________________________ 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
Eagle Aerial Photography, Inc. dba Eagle
Aerial Solutions, a Delaware corporation,
(“CONSULTANT”)
By:_____________________________
Wayne Tate, CEO/CFO
Dated: __________________, 2023
By:_____________________________
Paul Clark, Secretary
Dated: __________________, 2023
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EXHIBIT "A"

SCOPE OF SERVICES
Consultant shall provide WaterView to the City under the Agreement, which shall include the following:

WaterView is an existing web-based program with GIS functionality that is both easy to use and designed to assist with compliance with legislation AB1668/AB606. It utilizes Land Area Measurement (LAM) data from the California Department of Water Resources (DWR), the City’s water consumption data, current demographic data, as well as local weather (ET). It will also stay current with the latest California water conservation regulations. The software will assist City staff with targeting water conservation outreach to specific sets of its water customers and tracking, based not only on their water use, but also on their water use efficiency. It will allow the City to assess efficiency at scales ranging from its entire service area to the individual homeowner by applying the calculations used in DWR’s Water Use Objective (WUO) indoor and outdoor standards, which in aggregate are a function of population and of local weather data and irrigated and irrigable landscape area.

Platform Overview. The WaterView platform is a cloud-based platform that enables rapid configuration and deployment of geospatial applications. End users can access the WaterView platform from modern browsers including Google Chrome, Microsoft Edge and Mozilla Firefox. The WaterView platform provides a dashboard suitable for water managers to view per-parcel and aggregate statistics over their entire service area. Managers can easily filter any data to gain instant insight into trends relating to land cover and water budgeting, along with the standard dashboards WaterView will provide. WaterView’s platform is data-agnostic and can ingest data from a variety of sources. Retail agencies can connect their water meter data, as well as previously acquired aerial imagery and geospatial parcel data. This imported data will be view only and cannot at this time be queried together with other WaterView data in the system.

The platform is also very flexible, allowing it to rapidly address policy changes.

Onboarding and Setup. Upon receipt by Consultant of water use data from City, Consultant will normalize and clean up that dataset to at least the 95% level in order to ingest the data into the WaterView system. Consultant will also use the data received from City to assure that meter data is properly geo-located in the WaterView GIS system for accurate mapping. Consultant will consult with City as needed to assure a smooth on-boarding process.

Consultant will engage in training and support as described below.

Consultant will update the software with additional capabilities and datasets in service to the WUO water conservation goals. The sequential steps required to implement the work plan are those set forth above with respect to the normalization of datasets received from City and the correction, if necessary, of any geographic datasets that are utilized as part of the functionality of WaterView within the City water service area to the 95th percentage, as indicated above.

Dashboards and Logins. City will have access to several dynamic WaterView datasets, some of which will be displayed on dashboards. These include: Water Efficiency by Parcel, Water Use by Parcel, Land Cover by Parcel using available datasets, Summary Water Use and Efficiency by Agency with performance trends, and Summary Land Cover data. Water budget 678
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data is shown in tabular format, while land cover classification data is visualized through a raster layer on the map if Land Use Cover Data (LUCD) is available, otherwise, in tabular form.

WaterView also provides a geospatial map layer that visually highlights the most wasteful parcels using tiered color ramps. Efficiency data is also tied to each individual parcel in tabular format.

Feature functionality. The platform provides on-the-fly filtering and search capabilities, access to in-system recent aerial imagery for every parcel, and the actual imagery used by DWR in creating the LAM dataset, export of tabular and chart data, and pre-defined filters for quick use. Export capability is being developed for map features as well, so users can export .jpg “map snapshots” of individual parcels. City can export any filtered data in tabular (.csv) format.

Technical support. Technical support will be provided through the duration of the contract. The Consultant support teams will review any and all requests within 24 hours and communicate the results to City. Knowledge-transfer meetings and training services will be provided by Consultant. Phone support through a screen share meeting will be provided in addition to the workshop on an ad hoc basis, as reasonably needed. A kick-off meeting will be held to finalize project schedule, after which meetings by conference call will occur as needed.

In addition, the software training will be done by a series of onboarding virtual meetings. City will be assigned a Customer Success Advocate that will provide any additional training(s) or campaign development support via virtual meeting platforms and screensharing throughout the life of the WaterView subscription.

Platform Security. WaterView’s platform servers reside in the ISO-27001 and SOC-2 certified Amazon Web Services™ data centers and all communications are encrypted through Public Key Infrastructure (PKI) and standard secure web protocols. In addition, the WaterView platform uses a secure, encrypted, high- performance connection to web-based map tile services to store and display geospatial information.

Consultant developed the WaterView portal in partnership with Digital Map Products, now LightBox, using their existing stable and robust online mapping technology. DMP/LightBox has been providing mapping services for nearly 20 years to large enterprise and government customers including Zillow, Google, Apple, CBRE and the State of California.

Access to WaterView applications and their corresponding associated components is restricted to authenticated users with appropriate permissions. Permissions can be defined at the user-, group-, department-, and organization-level. Furthermore, customer-defined password and security policies are implemented on a per-organization basis. In evaluating the security environment at Amazon Web Services, WaterView reviewed the following information with Amazon:
● Security policies and procedures, both physical and electronic ● IT policy administration and security credentials for the same ● Penetration testing and threat/intrusion detection and response ● Multi-tenant segmentation via secure keys
Amazon maintains significant physical and environmental security measures. Please review the Amazon Security Whitepaper.

Data Integration. Consultant will incorporate the following data into the WaterView portal for City:
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1. High-resolution aerial imagery of at least 6-inch pixel resolution

2. City of San Clemente water service area boundaries

3. Parcel boundary, ownership, and lot sizes within the service area

4. Most recent Census-based demographic information specific to household occupancy and annual income down to the greatest available granularity from the data provided at the Census block tract dataset.

5. DWR’s own aerial imagery and residential landscape area measurement (LAM) data from DWR’s 2018 (or more recent, as available) flyover studies

6. LUCD for polygon-level irrigated areas within Dedicated Irrigation Meter (DIM) parcels (to be provided by the City prior to Year 2 of the contract)

7. Water account usage, customer name and address, account type, and other billing data, updated at least monthly (to be provided by the City on a monthly basis) Data Analysis and Outputs. Consultant will provide the following analyses and outputs through the WaterView portal for City:

1. Analytical and reporting tools to evaluate individual residential customer water use for comparison to the State’s formula for a WUO, based on customer water usage data submitted the City in conjunction with Census data, parcel data and irrigated landscape area provided by DWR, as well as local evapotranspiration (ET) data.

2. Ability to filter and identify specific sets of water customers, such as those who are below their budget as calculated by the above parameters, or those who exceed their water use allowance, for targeted customer outreach and program evaluations

3. Ability to assess potential water use objective compliance inclusive of residential indoor and outdoor performance on a parcel or City-wide basis, or between different demographic parameters.

4. Assessment at-a-glance of compliance with the WUO water budget components at the parcel, neighborhood/HOA, and service area-wide levels.

5. Ability to quickly evaluate how the City is performing in meeting the WUO on the basis of a single billing cycle or set time frame, e.g. the past 6 months, or the most recently complete calendar year.

6. Ability to generate WUO performance components for streamlined reporting to the State Regional Water Resources Control Board (SWRCB) for the annual report to be mandated beginning on January 1, 2024.

7. The ability to filter and create and save an unlimited number of specific lists of parcels for targeted outreach of other water use efficiency campaigns; in particular, the ability to create a list of parcels with the highest proportion of existing turfgrass, in order to produce a targeted marketing list for turf removal rebate programs. Once these lists are created, there will be an ability to compare and track WUO compliance for these parcels over time, or before and after a campaign is implemented.

Representations and Warranties. Consultant represents and warrants that it owns title to WaterView or has the right to license and provide WaterView to City as contemplated by this Agreement. Consultant further represents and warrants that WaterView does not and will not infringe on the intellectual property rights of any third parties.

WaterView will:
 Analyze total water allocation for the water agencies’ entire residential service area and at an individual residential parcel level, in compliance with new DWR standards.  Spot water use trends, track and manage over allocation users within the City’s water service area.
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 Identify targeted land classifications types, like high turf areas, for effective rebate program promotion.
 Aid in upcoming DWR data review and reporting requirements.  Continually, billing period to billing period, calculate water use efficiency (per DWR standards) across the residential service area and at a customer/parcel level.  Host both high resolution aerial imagery and the actual imagery used in DWR’s study for the subscribers to access at any time.
 Import and calculate daily ET readings.
 Supply detailed demographic data for more accurate indoor water use efficiency measurements and water use analytics by supplying the average number of residents in the household at the census block tract level.
 Provide various GIS tools along with sophisticated data mining and multi-level querying function.

City will:
 Provide meter location and water use data to be imported into the WaterView portal, including a Unique ID (UID) for each meter location to tie the usage data to the meter address.
 Provide customer names, only if desiring to prepare direct mailings for outreach to target certain customers for water-efficient incentives and consistent with applicable law.  Provide water usage related to the Unique ID every billing period to keep the data up to date. This data will be delivered in a format agreed to by both teams and prepared consistently the same way every month.

WATERVIEW CII (YEARS 2-3)
In addition to the WaterView solution for residential water use efficiency data management, beginning in Year 2 of this Agreement, Consultant will provide WaterView CII, which is a data management solution to address conservation objectives in the Commercial, Industrial, and Institutional (CII) environment that is subject to the requirements of SB606 and AB1668.

The LUCD and premises data will be seamlessly integrated into WaterView CII to manage this data and estimate water budgets, as well as provide analytical tools that districts can use to compare actual water use against estimated budgets.

WaterView Residential has been designed in cooperation with the non-profit California Water Efficiency Partnership to create a web-based software solution whose purpose is to maximize the conservation value of the irrigated vegetation dataset that will be generated through this project. It has been specifically designed to allow for seamless integration of these datasets. Consultant has held many focus groups with water districts throughout the state to try to develop this solution in the most helpful way possible for water conservation professionals throughout California. WaterView CII has been developed to mirror the capabilities of WaterView Residential for use in the CII context as required for legislative compliance.

WaterView CII will be continually updated with new features and capabilities, which will be added to the utilized solution as developed at no additional charge.

WaterView CII provides an easy-to-use, GIS-based mapping solution that incorporates imagery data, ET data, water use data, and irrigated vegetation data. Its tools provide a wide 681
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range of up to date and historical performance analysis of CII irrigation and track the efficiency of water conservation efforts. WaterView CII allows the user to see the attribute data collected for each polygon. It has access control so only selected users can use it and will allow the user to view the Meter Service Areas, Irrigable and Irrigated areas generated through this Project, as well as the Meter Service Area Points and any Meter Location points. The application contains a base map of aerial color imagery over which project data can be overlaid. WaterView CII also provides water efficiency budget calculations for the customers included in this Project. 682
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EXHIBIT "B"

SCHEDULE OF SERVICES
The WaterView software solution is an existing program that will be available for immediate use.

City will provide Consultant with customer water use data on a regular basis so that this data can be incorporated into the solution as a condition to its functionality.

Consultant shall provide WaterView on the following schedule:

Year 1:

Month 1: Initial Setup
• City and Consultant to meet to discuss specific data needs and formatting and any additional customizations.
• Consultant to provide one, 1-hour demo session over teleconference to introduce all registered users to the software’s functionality and abilities. • Consultant to also record the session and deliver that video file to the City for later use.

Months 2-12: Upkeep
• By the 10th calendar day, or any other day agreeable to the City and Consultant, of the first month and every month thereafter, the City shall provide to Consultant its monthly billing data export for inclusion into the software.
• By the 15th calendar day, or any other day agreeable to the City and Consultant, of the month, Consultant shall have fully uploaded most recent billing data for inclusion in all of the software’s analytical capabilities.
• On an as-needed basis, Consultant shall obtain from the City, DWR, or another pertinent state agency any additional data that may need to be incorporated into the software to continue to accurately reflect the current regulatory requirements for water conservation imposed on the City, and its performance in complying with them.
• As reasonably needed by City, Consultant shall participate in:
o Project status update meetings
o Additional training sessions
o Troubleshooting sessions
o Presentations to City stakeholders
Years 2-3:

Month 13: WaterView CII Setup
• City and Consultant to meet to discuss and, if applicable, transfer specific data needs for CII module. This will include formatting and any additional customizations that are reasonable within the existing WaterView CII parameters.
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Months 13-36: Upkeep
• By the 10th calendar day, or any other day agreeable to the City and Consultant, of the first month and every month thereafter, the City shall provide to Consultant its monthly billing data export for inclusion into the software.
• By the 15th calendar day, or any other day agreeable to the City and Consultant, of the month, Consultant shall have fully uploaded most recent billing data for inclusion in all of the software’s analytical capabilities.
• On an as-needed basis, Consultant shall obtain from the City, DWR, or another pertinent state agency any additional data that may need to be incorporated into the software to continue to accurately reflect the current regulatory requirements for water conservation imposed on the City, and its performance in complying with them.
• As reasonably needed by City, Consultant shall participate in:
o Project status update meetings
o Additional training sessions
o Troubleshooting sessions
o Presentations to City stakeholders
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EXHIBIT “C”

INSURANCE REQUIREMENTS

3.2.13 Insurance.

3.2.13.1 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.

3.2.13.2 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) Cyber security, intellectual property and privacy liability:

Consultant shall procure and maintain insurance with limits of $1,000,000 per occurrence/loss, $2,000,000 general aggregate, which shall include the following coverage:
a) Liability arising from the theft, dissemination and/or use of confidential or personally identifiable information; including but not limited to personally identifiable
information (PII), protected health information (PHI),
security codes, access codes, passwords, etc.;
b) Network security liability arising from the unauthorized use of, access to, or tampering with computer systems,
including hacker or denial of service attacks;
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c) Liability arising from introducing a computer virus into or otherwise causing damage to vendor (first-party) or
customer’s (third party) computer, computer system,
network, or similarly related property and the data,
software, and programs;
d) Liability arising from professional misconduct or lack of the requires skill required for performing services
defined in the contract or agreement;
e) Costs associated with restoring, updating, or replacing data;
f) Costs associated with a privacy breach, including
notification costs, customer support, forensics, crisis management, public relations consulting, legal services of a privacy attorney, credit monitoring, and identity
fraud resolution services for affected individuals; and g) Liability associated with infringement of intellectual property rights.

If coverage is maintained on a claims-made basis, the Consultant shall maintain such coverage for an additional three (3) years following termination of the contract.

3.2.13.3 Insurance Endorsements. Required insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
(A) Commercial General Liability:
a) 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.
b) 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 nonpayment of premium. (B) Automobile Liability:
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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 nonpayment of premium.

3.2.13.4 Cyber Security and Privacy Liability:
(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.

3.2.13.5 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.

3.2.13.6 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.

3.2.13.7 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.

3.2.13.8 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.

3.2.13.9 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.
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3.2.13.10 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.

3.2.13.11 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.

3.2.13.12 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.

3.2.13.13 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.

3.2.13.14 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 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. 688
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EXHIBIT “D”

COMPENSATION
In complete compensation for services provided under the Agreement, City shall pay the Consultant:

Year 1
WaterView Residential Annual Subscription Cost* $37,500 Initial WaterView Residential One-Time Setup Fee: $4,800 Total cost for Year 1 $42,300
Year 2
WaterView Residential Annual Subscription Cost* $37,500 WaterView CII Module Annual Subscription $10,500
Initial WaterView CII One-Time Setup Fee: $2,500
Total cost for Year 2 $50,500
Year 3
WaterView Residential Annual Subscription Cost* $37,500 WaterView CII Module Annual Subscription $10,500
Total cost for Year 3 $48,000
Total cost over 3-year agreement period including
WaterView CII Module $140,800
*Includes CalWEP member discount
WaterView Software Costs Optional Years 4-5 (If City Renews) Year 4
WaterView Residential Annual Subscription Cost* $37,500 WaterView CII Module Annual Subscription $10,500
Total cost for Year 4 $48,000
Year 5
WaterView Residential Annual Subscription Cost* $37,500 WaterView CII Module Annual Subscription $10,500
Total cost for Year 5 $48,000
Total costfor Optional 2-year Renewal $96,000
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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, INTEREST, AND ATTORNEY’S FEES.
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Dated: ________________________, 20____
________________________________
Consultant
By: ________________________________
________________________________
Title
________________________________
Address
________________________________
691
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 1
Meeting Date: April 16, 2024 Agenda Item: 10H.

Submitted By: Public Works
Prepared By: Fatana Temory, Management Analyst
Subject:
..titl e

CONSIDERATION OF A RESOLUTION APPROVING THE ORANGE COUNTY TRANSPORTATION

AUTHORITY GRANT COOPERATIVE AGREEMENT FOR PROJECT V SAN CLEMENTE DOWNTOWN

TROLLEY
..body ROUTE CONTINUATION PROJECT
Fiscal Impact:

The grant program requires a minimum 10% local funding match for all components of the grant consisting of capital costs and ongoing operations and maintenance (O&M) costs. The City’s required local contribution is approximately $107,726 total through Fiscal Year (FY) 2028, if this grant is approved. Staff is proposing $53,840 within the FY 2024/25 and 2025/26 budgets from the General Fund as a match for the grant.

Summary:

Before the City Council is Resolution No. 24-54 (Attachment 1) to approve the cooperative agreement between the Orange County Transportation Authority (OCTA) and the City of San Clemente for the Project V San Clemente Downtown Trolley Route Continuation Project for the Red and Blue Lines.

Background:

On December 3, 2019, the City Council authorized staff to submit a grant application to OCTA to help fund the San Clemente Summer Trolley service for the Red and Blue Lines. The OCTA Board approved the 2020 Project V Grant and recently provided the required cooperative agreement for City approval.

To receive grant funds for the trolley service, the City must sign a cooperative agreement with OCTA, similar to the process completed for the initial summer trolley service. This grant will provide funds for up to 90% of capital and operational costs for daily service starting Memorial Weekend through end of September starting FY 2023/24 through FY 2026/27 with potential transfer of savings for an additional two years through FY 2028/29 (please see Exhibit B on Attachment 2 for the funding table). The execution of the proposed cooperative agreement also allows for reimbursement of costs associated with the FY 2023/24 year that has already been completed.

Council Options:
 Approve Resolution No. 24-54 authorizing the City Manager to execute Cooperative Agreement No. C-3-2787 with OCTA.
 Continue the item and direct staff to provide additional information. 692
Meeting Date: April 16, 2024 Agenda Item: 10H.

CITY OF SAN CLEMENTE 2
 Do not adopt approve Cooperative Agreement No. C-3-2787 with OCTA.

Environmental Review/Analysis:

The proposed action to submit the grant application is not a “project” pursuant to California Environmental Quality Act Guidelines Sections 15378. (14 CCR § 15378.) Recommended Actions:
..recommendation
Staff recommends that the City Council adopt Resolution No. 24-54, which would:
..recommendation

1. Authorize the City Manager to execute Cooperative Agreement No. C-3-2787 with OCTA;

2. Accept grant revenue from OCTA in the amount of up to $1,077,262 for the San Clemente Trolley Red and Blue Lines for FY 2023/24 through 2028/29; and

3. Direct staff to include the 10% local match funds of $53,840 to be included within the General Fund Budget for the upcoming FY 2024/25 and 2025/26 budgets. ..end
Attachment:

1. Resolution No. 24-54

2. OCTA Cooperative Agreement No. C-3-2787

3. December 3, 2019 Staff Report
Notification:

None
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ATTACHMENT 1
4860-5047-5367 v1
RESOLUTION NO. 24-54

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, APPROVING AN

ORANGE COUNTY TRANSPORTATION AUTHORITY

GRANT COOPERATIVE AGREEMENT FOR PROEJCT V

SAN CLEMENTE DOWNTOWN TROLLEY ROUTE

CONTINUATION PROJECT
WHEREAS, the Community-Based Transit/Circulators program (Project V) establishes a competitive process to enable local jurisdictions to develop communitybased local transit services that complement regional transit services and meets needs in areas not adequately serviced by regional transit; and
WHEREAS, OCTA intends to allocate Project V funds within the incorporated cities and the County; and
WHEREAS, OCTA has established the procedures and criteria for reviewing applications as identified in the Project V Guidelines; and WHEREAS, the City of San Clemente will comply where applicable with provisions of the Americans with Disabilities Act, and any other federal, state, and/or local laws, rules and/or regulations; and
WHEREAS, the City of San Clemente will provide matching funds for the Project as required by the Project V Guidelines and shall fund its share of the Project costs and any additional costs over the identified programmed amount.

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 San Clemente City Council hereby approves the Orange County Transportation Authority Grant Cooperative Agreement for Project V San Clemente Downtown Trolley Route Continuation Project and authorizes the City Manager to execute the same in a form substantially similar to that presented to the City Council on April 16, 2024.

SECTION 3. That the San Clemente City Council hereby approves and accepts grant revenue from OCTA in the amount of up to $1,077,262 for the San Clemente Trolley Red and Blue Lines for FY 2023/24 through 2028/29 and authorizes and approves the San Clemente Downtown Trolley Route Continuation Project (Project), including all understanding and assurances contained therein; and
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Resolution No. 24-54 Page 2
SECTION 4. That the San Clemente City Council hereby authorizes and approves a 10% local match for the Project and directs staff to include the 10% local match funds of $53,840 to be included within the General Fund Budget for the upcoming FY 2024/25 and 2025/26 budgets.

SECTION 5. That City staff is authorized and directed to take such other and further action and execute such other and further documents as are necessary and proper to implement the Project and the Cooperative Agreement and carry out the purposes of the resolution.

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 April, 2024.
_______________________
Mayor of the City of
San Clemente, California
ATTEST:
__________________________
CITY CLERK of the City of
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. 24-54 was adopted at a regular meeting of the City Council of the City of San Clemente held on _______ day of April, 2024, by the following vote:

AYES:

NOES:

ABSENT:
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Resolution No. 24-54 Page 3
_______________________
CITY CLERK of the City of
San Clemente, California
Approved as to form:
____________________________
Elizabeth A. Mitchell, City Attorney
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26 COOPERATIVE AGREEMENT NO. C-3-2787

BETWEEN

ORANGE COUNTY TRANSPORTATION AUTHORITY
AND

CITY OF SAN CLEMENTE
FOR

SAN CLEMENTE DOWNTOWN ROUTE CONTINUATION PROJECT (PROJECT V COMMUNITY- BASED TRANSIT/CIRCULATORS, PROJECT NO. 20-SCLM-CBT-3963) THIS COOPERATIVE AGREEMENT is effective this ___ day of ______ , 2023 ("Effective Date"), by and between the Orange County Transportation Authority, 550 South Main Street, P.O. Box 14184, Orange, California 92863-1584, a public corporation of the State of California (hereinafter referred to as "AUTHORITY" or "OCTA"), and the City of San Clemente, 901 Calle Negocio, San Clemente, California 92673, a municipal corporation (hereinafter referred to as "CITY"), each individually known as "PARTY," and/or collectively known as "PARTIES." RECITALS:

WHEREAS, the AUTHORITY's Board of Directors (Board) approved the Project V CommunityBased TransiUCirculator service; Downtown Route Continuation Project (Project No. 20-SCLM-CBT3963), hereinafter referred to as "PROJECT," on April 13, 2020 and also authorized AUTHORITY to develop and execute a Cooper_ative Agreement;
WHEREAS, AUTHORITY and CITY desire to enter into a Cooperative Agreement to define the roles and responsibilities related to funding between AUTHORITY and CITY for operating subsidy funds for community-based transit services for the PROJECT in accordance with Exhibit A, entitled "San Clemente Downtown Route Continuation Project Scope of Work", herein referred to as Exhibit A; and WHEREAS, AUTHORITY's Board approved the Renewed Measure M2 Eligibility Guidelines - Local Agency Preparation Manual on January 25, 2010 and subsequent amendments, with the applicable guidelines approved on October 14, 2019; and

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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 1
Meeting Date: April 16, 2024 Agenda Item: 10I.

Submitted By: Public Works
Prepared By: Fatana Temory, Management Analyst
Subject:
..titl e

CONSIDERATION OF A RESOLUTION APPROVING A CONTRACT WITH LAZ PARKING CALIFORNIA LLC FOR TROLLEY SERVICES IN AN AMOUNT NOT TO EXCEED $221,542.20 THROUGH THE END OF THE FISCAL YEAR ..body
Fiscal Impact:

Funding for the proposed trolley service in an amount not to exceed $221,542.20 was included in the approved FY 2023/24 budget within the Local Transit Program Fund.

Summary:

Before the City Council is the adoption of Resolution No. 24-55 (Attachment 1) to approve a short-term professional services agreement with the City’s current service provider, LAZ Parking California LLC, for the Project V San Clemente Downtown Trolley Route Continuation Project while staff solicits new proposals.

The original contract with LAZ Parking for trolley services was executed on April 2, 2019 and was amended three times. While the most recent amendment expired on December 31, 2023, operations continued until the grant funding from OCTA could be determined. Staff recommends approving a new contract with LAZ for trolley services from January 1, 2024 through June 30, 2024 in the amount not to exceed $221,542.20 to cover services through the end of the fiscal year. Staff is currently preparing a Request for Proposal (RFP) and will return to the City Council to award a new contract for FY 2024/25 for trolley services by June 30, 2024.

Background:

The City Trolley Program is primarily funded through a Measure V grant from the OCTA. OCTA reimburses the City for 90% of operational costs within the allotted annual grant amounts. The standard schedule of services in the grant agreement provides for daily Trolley operations between Memorial Day weekend and the final weekend in September on both the red line (downtown) and blue line (Dana Point). Amendment No. 2 approved weekend service year-round for the 2023 trolley season.

The following chart shows LAZ days of operation and costs from January 1, 2024 through June 2024.
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Meeting Date: April 16, 2024 Agenda Item: 10I.

CITY OF SAN CLEMENTE 2
LAZ Operating Costs (January 2024 to June 2024)
Month Service Days Line Hours
($66.33/hr.)
Cost
January Saturdays &
Sundays
Red 294 $19,501.02
February Saturdays &
Sundays
Red 294 $19,501.02
March Saturdays &
Sundays
Red 330 $21,888.90
April Saturdays &
Sundays
Red 264 $17,511.12
May Saturdays &
Sundays
(Daily starting
Memorial Weekend)
Red
(Blue staring
Memorial
Weekend)
608 $40,328.64
June Daily Red & Blue 1,550 $102,811.50
Total: 4,251.50 $221,542.20
Council Options:
 Approve Resolution No. 24-55 authorizing execution of a short-term contact with LAZ Parking through June 30, 2024.
 Continue the item and direct staff to provide additional information.

Environmental Review/Analysis:

The proposed action is not a “project” pursuant to California Environmental Quality Act Guidelines Sections 15378. (14 CCR § 15378.)
Recommended Actions:
..recommendation
Staff recommends that the City Council adopt Resolution No. 24-55 authorizing the City Manager to execute a Professional Services Agreement with LAZ Parking California LLC in the amount not to exceed $221,542.20 for services through June 30, 2024. ..end
Attachment:

1. Resolution No. 24-55

2. LAZ Professional Services Agreement
Notification:

None.
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ATTACHMENT 1
4860-5047-5367 v1
RESOLUTION NO. 24-55

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, AUTHORIZING THE CITY

MANAGER TO EXECUTE A PROFESSIONAL SERVICES

AGREEMENT WITH LAZ PARKING CALIFORNIA LLC IN
AN AMOUNT NOT TO EXCEED $221,542.20 THROUGH

THE END OF THE FISCAL YEAR
WHEREAS, the City of San Clemente and LAZ Parking California LLC entered into a Professional Consultant Services Agreement for Summer Trolley Operations Services on April 2, 2019 for services through December 31, 2022; and WHEREAS, the City of San Clemente and LAZ Parking California LLC entered into First Amendment on March 1, 2022 to increase the hourly rate of services for the 2022 Trolley season and expand the operation period through the 2022 trolley season; and WHEREAS, the City of San Clemente and LAZ Parking California LLC entered into Second Amendment on December 20, 2022 for expanded operating days of service and other services through the 2023 trolley season; and
WHEREAS, the City of San Clemente and LAZ Parking California LLC entered into Third Amendment on June 20, 2023 to add “Green Line” services for the 2023 summer trolley season; and
WHEREAS, the City of San Clemente recently received information from Orange County Transit Authority regarding the amount of grant funding available for the City’s trolley services; and
WHEREAS, a short-term professional services agreement with LAZ Parking California LLC for continued trolley services through June 30, 2024 is in the best interests of the City and the public, LAZ Parking California LLC is the best qualified to provide the services, and its costs are 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 recitations are true and correct and incorporated herein fully by this reference.

SECTION 2. That the San Clemente City Council hereby approves and authorizes the City Manager to execute a Professional Services Agreement with LAZ Parking California LLC in an amount not to exceed $221,542.20 for services through June 30, 2024.
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Resolution No. 24-55 Page 2
SECTION 3. 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 April, 2024.
_______________________
Mayor of the City of
San Clemente, California
ATTEST:
__________________________
CITY CLERK of the City of
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. 24-55 was adopted at a regular meeting of the City Council of the City of San Clemente held on _______ day of April, 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 ________________, ________. _______________________
CITY CLERK of the City of
San Clemente, California
Approved as to form:
____________________________
Elizabeth A. Mitchell, City Attorney
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CITY OF SAN CLEMENTE

PROFESSIONAL CONSULTANT SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into this _____ day of ________, 20___, 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 LAZ Parking California, LLC, a Connecticut limited liability company, with its principal place of business at 10635 Santa Monica, Suite 145, Los Angeles, CA 90025 ("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 trolley operation services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing professional trolley operation 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 trolley operation services for the San Clemente Trolley Transit Operations Services program ("Program") 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 trolley operation 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 January 1, 2024 to June 30, 2024 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.

Attachment 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 739
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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: Mario Montenegro, General Manager.

3.2.7 City's Representative. The City hereby designates Dave Rebensdorf, 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.

3.2.8 Consultant's Representative. Consultant hereby designates Mario Montenegro, General Manager, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

3.2.9 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 or to work on the Project.
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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 TWO HUNDRED TWENTY-ONE THOUSAND FIVE HUNDRED FORTY-TWO DOLLARS AND TWENTY CENTS ($221,542.20) 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. 741
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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. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

3.3.6.2 Registration. If the Services are being performed as part of an applicable “public works” or “maintenance” project, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the project and require the same of any subconsultants. This project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code sections 1725.5 and 1771.1 shall not apply to Services performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code sections 1725.5 and 1771.1.

3.4 Accounting Records.

3.4.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of four (4) years from the date of final payment under this Agreement.

3.5 General Provisions.

3.5.1 Termination of Agreement.
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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: LAZ Parking California, LLC
10635 Santa Monica Blvd, Suite 145
Los Angeles, CA 90025
ATTN: Mario Montenegro
City: City of San Clemente
910 Calle Negocio
San Clemente, CA 92673
ATTN: Laura Campagnolo, City Clerk
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 743
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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 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. 744
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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.

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 745
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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 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 with the same force and effect as original ink signatures.

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.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed on the respective dates set forth opposite of their signatures. 746
10 55452.01100\31193624.5

CITY OF SAN CLEMENTE
By:________________________________
Andy Hall, City Manager
ATTEST: Dated: __________________, 20____
____________________________
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

__________________________
(“CONSULTANT”)
By:_____________________________
Mike Kuziak, COO
Dated: __________________, 20____
By:_____________________________
John Svenblad, President
Dated: __________________, 20____
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EXHIBIT "A"

SCOPE OF SERVICES
Consultant shall perform the following services (collectively, the “Services”) for the City:
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750
751
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1 55452.01100\31193624.5
EXHIBIT "B"

SCHEDULE OF SERVICES
Consultant shall diligently perform the services to the City’s satisfaction according to the timeframe 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. (E) Cyber Liability Insurance with limits not less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Contractor in this agreement and shall include, but not be limited to, claims involving security breach, system failure, data recovery, 754
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business interruption, cyber extortion, social engineering, infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, and alteration of electronic information. The policy shall provide coverage for breach response costs, regulatory fines and penalties as well as credit monitoring expenses.

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

Additional Insured Endorsements shall not (1) be
restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Consultant; or (4) contain any other exclusions contrary to the terms or purposes of this Agreement. For all policies of Commercial General Liability insurance, Consultant shall provide endorsements in the form of ISO CG 20 10 10 01 (or endorsements providing the exact same coverage) to effectuate this requirement.
(2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (B) Automobile Liability:
(1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.

3.2.12.4 Professional Liability (Errors & Omissions):
(A) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (B) Contractual Liability Exclusion Deleted: This insurance shall include contractual liability applicable to this Agreement. The policy must “pay on behalf of” the insured and include a provision establishing the insurer’s duty to defend.

3.2.12.5 Workers' Compensation:
(A) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.

3.2.12.6 Primary and Non-Contributing Insurance. All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other 755
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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.

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.
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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 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
Compensation for the services provided under this Agreement shall be on an hourly rate. Total compensation under this Agreement shall not exceed $221,542.20. Additional work shall require approval in writing in advance by the Department Director or the City Manager. 758
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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, INTEREST, AND ATTORNEY’S FEES.
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Dated: ________________________, 20____
________________________________
(“CONSULTANT”)
By: ________________________________
________________________________
Title
________________________________
Address
________________________________
760
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 1
Meeting Date: April 16, 2024 Agenda Item: 10J.

Submitted By: Public Works
Prepared By: Niki Beach, Environmental Programs Analyst Subject:
..titl e

CONSIDERATION OF A RESOLUTION AWARDING A PROFESSIONAL SERVICES

AGREEMENT WITH GEOSYNTEC CONSULTANTS TO PROVIDE WATER QUALITY

MANAGEMENT PLAN REVIEW AND BEST MANAGEMENT PRACTICES COMPLIANCE SERVICES IN AN AMOUNT NOT TO EXCEED $299,935 FOR A THREE-YEAR TERM, AND AUTHORIZING ..body THE CITY MANAGER TO EXECUTE THE AGREEMENT Fiscal Impact:

The total amount of the proposed contract is not to exceed $299,935 for three years, $137,202 of which will be charged to developer deposits and not the City’s Clean Ocean Fund. The first full year of services is anticipated not to exceed $97,394, with $51,660 from Clean Ocean Operating funds and there are sufficient funds in Account Nos. 057-541-43690-000-00000 and 057-541- 43894-000-00000 from the Fiscal Year 2023/24 budget and $45,734 from developer deposits.

The costs of subsequent years of services will be requested during the annual budget process and may be supported by a prospective renewal of the Clean Ocean Fee or other program funding sources in Fiscal Year 2024/25.

Summary:

Before the City Council is the adoption of Resolution No. 24-56 to award a Professional Services Agreement to Geosyntec Consultants, Inc. in an amount not to exceed $299,935 for three years of Water Quality Management Plan (WQMP) review and Best Management Plan (BMP) compliance services.

The City is required under its National Pollutant Discharge Elimination System (NPDES) stormwater permit to review and approve WQMPs for proposed projects meeting certain criteria, known as Priority Development Projects (PDP). It is also required to conduct post-construction verifications that WQMPs were implemented as planned, PDP-related BMP inventory management, and routine inspections of such BMPs at a frequency determined by potential risks to surface water quality. Due to changing technology related to best management practices techniques and filter equipment related to improving water quality, it has proven more efficient to hire professionals within the industry that design and inspect similar projects. This Agreement would provide professional engineering and environmental services to assist the City in complying with these requirements.

Background:

As a discharger of stormwater through its storm drain collection system, the City is regulated under the current South Orange County National Pollutant Discharge Elimination System Municipal Separate Storm Sewer Permit (MS4 Permit). Among other conditions, the MS4 Permit 761
Meeting Date: April 16, 2024 Agenda Item: 10J.

CITY OF SAN CLEMENTE 2
requires certain types of development projects and redevelopment projects, also known as Priority Development Projects (PDPs), to incorporate on-site design measures to control pollutants in stormwater that could negatively impact the City’s creeks, beaches and ocean waters.

The City must require and confirm that PDPs include appropriately sized structural BMPs (1) during the design process; (2) during and immediately following construction; and (3) in perpetuity through the management of an inventory that includes, and classifies by priority, all such BMPs.

To conduct these specialized plan-check reviews and inspections, the City currently has two separate Professional Services Agreements with Geosyntec Consultants, but both contract amounts are nearing expiration of funds. In order to maintain a level of plan-check service to the public and to maintain compliance with the MS4 permit, a new agreement is needed.

With the intention of streamlining all water quality requirements for the City’s new development process, staff researched whether any local vendors were providing these services and prepared a Request for Proposals for WQMP Review and BMP Compliance Services, which was released on PlanetBids on December 20, 2023. Upon the closing of the RFP, the City received responsive proposals from five firms: Alisto Engineering Group; Charles Abbot Associates, Inc.; Geosyntec Consultants, Inc.; Olaunu; and Willdan Engineering. Proposed costs for a three-year agreement ranged from $129,825 to $539,771, with anywhere from 19% to 46% of those costs being for WQMP reviews that would be paid from developer accounts. None of the proposers are based in San Clemente.

Following a written evaluation by a panel of two City staff with an understanding of the WQMP preparation, review, inspection, and inventory process, interviews were conducted with all five proposers by the same staff panel. The panel determined that Geosyntec Consultants was most qualified to support the City with the work in the RFP, and would be able to do so with superior local knowledge and ability to minimize costs to both the City and its PDP developers through efficient staffing and practices. Their prices were also fair and reasonable.

City staff refined and negotiated the following scope of the proposed agreement:

1. Conduct plan review of WQMPs to ensure that the proposed structural BMPs conform to requirements of the current MS4 Permit and the San Clemente BMP Design Manual.

2. Conduct post-construction verification of BMP installation and functionality and add newly completed BMPs including their drainage areas to OC Stormwater Tools, an online database.

3. Conduct on-site inspections and request maintenance records, when applicable, for WQMPs in inventory based on their prioritization and a scheme for inspection frequency by priority.

4. Provide BMP and related drainage area delineation for the City’s ongoing trash capture device installation project, if and as directed by City staff.

5. Provide an O&M Manual for City-owned BMPs, such as those treating runoff from the Marblehead Coastal development, if and as directed by City staff. 762
Meeting Date: April 16, 2024 Agenda Item: 10J.

CITY OF SAN CLEMENTE 3
Council Options:
 Adopt Resolution No. 24-56 to award, approve and authorize the City Manager to execute the Professional Services Agreement with Geosyntec Consultants.  Request modifications to the Professional Services Agreement with Geosyntec Consultants and have staff return with a new Resolution for Council consideration.  Deny the adoption of Resolution No. 24-56 to authorize execution of the Professional Services Agreement with Geosyntec Consultants and provide direction to staff.  Continue the item with direction to staff to provide additional information.

Environmental Review/Analysis:

The recommended action is not a “project” under CEQA pursuant to 14 CCR Section 15378 and has no potential result in either a direct or physical change in the environment or a reasonably foreseeable indirect physical change in the environment.

Recommended Actions:
..recommendation
Staff recommends that the City Council adopt Resolution No. 24-56, which will:

1. Award a Professional Services Agreement to Geosyntec Consultants for three years of WQMP Review and BMP Compliance services; and

2. Authorize the City Manager to execute the Professional Services Agreement with Geosyntec Consultants in an amount not to exceed $299,935 for three years. ..end
Attachment:

1. Resolution No. 24-56

2. Professional Consultant Services Agreement with Geosyntec Consultants, Inc.

Notification:

All proposers
763
Attachment 1
RESOLUTION NO. 24-56

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, AWARDING A

PROFESSIONAL SERVICES AGREEMENT TO

GEOSYNTEC CONSULTANTS FOR WATER QUALITY

MANAGEMENT PLAN REVIEW AND BMP COMPLIANCE
SERVICES IN AN AMOUNT NOT TO EXCEED $299,935 FOR

THREE YEARS, AND AUTHORIZING THE CITY MANAGER

TO EXECUTE THE AGREEMENT
WHEREAS, the City of San Clemente owns and operates a Municipal Separate Storm Sewer System (MS4) for the purposes of separating stormwater flows from the collection of municipal wastewater and protecting infrastructure and private property; and WHEREAS, under the National Pollutant Discharge Elimination System (NPDES), the City must comply with the conditions of a valid permit for discharges from its MS4, specifically, Order Number R9-2013-0001, as amended by Order Nos. R9-2015-0001 and R9-2015-0100, issued and enforced by the San Diego Regional Water Quality Control Board (“MS4 Permit”); and
WHEREAS, the MS4 Permit requires the City to include a review of potential water quality impacts when accepting applications for new and re-development, resulting in the categorization of higher-risk projects as Priority Development Projects, which require the development of adequate Best Management Practices (BMPs) detailed in a Water Quality Management Plan (WQMP) for submittal to the City during the plan-check process; and WHEREAS, the MS4 permit also requires the prioritization and inventorying of and post-construction verifications of BMPs installed as indicated in an approved WQMP, and regular inspections of such BMPs in perpetuity with a frequency determined by level of priority; and
WHEREAS, the City is also responsible for maintaining compliance of its own project BMPs, which the City may require technical guidance on, including the ongoing installation of stormwater inlet trash capture devices as required by what are known as the 2015 Trash Amendments to the permit; and
WHEREAS, the City has limited engineering expertise specific to reviewing increasingly complex low-impact development (LID) and proprietary water quality treatment devices now available to developers looking to manage their projects’ stormwater flows and pollutant loads in compliance with the City of San Clemente BMP Design Manual, and limited staff who are qualified and regularly available to conduct completed BMP inspections and assessments; and
WHEREAS, the City released a Request for Proposals in December 2023 for WQMP reviews and related BMP inspections and compliance planning, following which Geosyntec Consultants was determined to be best qualified meet the City’s needs, and its price was 764
Resolution No. 24-56 Page 2
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 City Council hereby awards a professional services agreement to Geosyntec Consultants for the WQMP Review and BMP Compliance Services.

Section 2. That the City Council hereby directs and authorizes the City Manager to execute a professional services agreement to Geosyntec Consultants in an amount not to exceed $299,935 for three years in a form substantially similar to that presented to the City Council on April 16, 2024.

Section 3. 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 ____________________, _______.

ATTEST:
___________________________ __________________________
City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California
765
Resolution No. 24-56 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. 24-56 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
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Attachment 2

CITY OF SAN CLEMENTE

PROFESSIONAL CONSULTANT SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into this _____ day of ________, 20___, 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 GEOSYNTEC CONSULTANTS, INC., a FLORIDA CORPORATION, with its principal place of business at 900 BROKEN SOUND PKWY NW, SUITE 200, BOCA RATON, FL 33487 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. RECITALS.

2.1 Consultant.

Consultant desires to perform and assume responsibility for the provision of certain professional WATER QUALITY MANAGEMENT PLAN (WQMP) REVIEW AND BEST MANAGEMENT PRACTICE (BMP) COMPLIANCE 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 WQMP REVIEW AND BMP COMPLIANCE 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 WQMP REVIEW AND BMP COMPLIANCE consulting services for the WQMP AND BMP COMPLIANCE REVIEW 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 WQMP REVIEW AND BMP COMPLIANCE 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 APRIL 16, 2024 to JUNE 30, 2027 unless earlier terminated as provided herein. The City Manager, in his sole and absolute discretion, shall have the unilateral option, to renew this Agreement for no more than TWO (2) additional one-year terms. 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 767
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Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee.

Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control, 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.
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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 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: MISTY STEELE, PRINCIPAL (PROJECT DIRECTOR), AARON PORESKY, PRINCIPAL; MAXWELL DUGAN, SENIOR PROFESSIONAL, and JULIE WALTERS, SENIOR PROFESSIONAL (PROJECT MANAGER).

3.2.7 City's Representative. The City hereby designates NIKI BEACH, ENVIRONMENTAL PROGRAMS ANALYST, 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.

3.2.8 Consultant's Representative. Consultant hereby designates JULIE WALTERS, SENIOR PROFESSIONAL (PROJECT MANAGER), or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative").

Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

3.2.9 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 769
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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.

3.2.11 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 TWO HUNDRED NINETY-NINE THOUSAND NINE HUNDRED THIRTY-FIVE DOLLARS ($299,935) without written approval of the City Council. 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 770
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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. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

3.3.6.2 Registration. If the Services are being performed as part of an applicable “public works” or “maintenance” project, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the project and require the same of any subconsultants. This project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code sections 1725.5 and 1771.1 shall not apply to Services performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code sections 1725.5 and 1771.1.

3.4 Accounting Records.

3.4.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of four (4) years 771
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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: GEOSYNTEC CONSULTANTS
3530 HYLAND AVE., STE. 100
COSTA MESA, CA 92626
ATTN: MISTY STEELE, PRINCIPAL
City: City of San Clemente
910 Calle Negocio
San Clemente, CA 92673
ATTN: LAURA CAMPAGNOLO, CITY CLERK
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 772
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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 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 773
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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.

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. 774
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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 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 with the same force and effect as original ink signatures.

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 775
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provisions stipulated in this Agreement.

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: __________________, 20____
____________________________
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

GEOSYNTEC CONSULTANTS,
INC., A FLORIDA

CORPORATION
(“CONSULTANT”)
By:_____________________________
Brian Petty, Vice President
Dated: __________________, 20____
By:_____________________________
Greg Corcoran, Assistant Secretary
Dated: __________________, 20____
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EXHIBIT "A"

SCOPE OF SERVICES
Consultant (also referred to as “Geosyntec” below) shall perform the following services under this Agreement as directed by the City (collectively, the “Services”):

Task 1 – Project Management and Communication
Geosyntec will provide basic project management, including invoicing to support cost-recovery from development project proponents, as appropriate. For as-needed WQMP reviews, invoices will clearly identify time and materials costs attributed to each project’s WQMP by project name and work order number (430*** for preliminary WQMP reviews, 400*** for final WQMP reviews).

For ease of accounting, separate invoices will be prepared for administrative work and costs associated with project work order(s). Monthly invoices will be delivered to the City via email within the two weeks following the close of the previous month’s billings.

Deliverables:
 Two separate monthly invoices for (1) developer-fund tasks and (2) City-funded tasks  Check-in calls or meetings, if and when directed by the City Task 2 – WQMP Reviews
Geosyntec will conduct WQMP reviews if and when directed by the City. Each plan review will be completed and returned to the City along with a review memo within two to four weeks, depending on project complexity, following submittal to Geosyntec. Each review memo shall be easily transferrable to the project developer for their use in WQMP revisions. Should WQMPs with nonconventional designs be submitted for review, Geosyntec will discuss an alternative review schedule with the City, if necessary. If and when directed by the City, Geosyntec will also be available to review WQMPs for overall completeness and also for a final review to confirm all previous comments were addressed and all overall requirements were met.

Deliverables:
 One WQMP review memo for each WQMP reviewed
 Professional Engineer (PE)-signed “Letter of Approval” for each Final WQMP once all comments have been addressed
Task 3 – Post-Construction Inspections, Delineations, and Inventory Management Geosyntec will conduct post-construction BMP inspections for Priority Development Projects (PDPs) if and when directed by the City. The City will provide Geosyntec the approved Final WQMP for review at least two weeks prior to such an inspection, and the City will be notified of all inspections completed each month, at a minimum. Geosyntec will utilize the City’s existing WQMP inspection form, or a City-approved update to that form, to document inspection results and upload completed forms to the appropriate WQMP folder within the OC Stormwater Tools online database. During this time, Geosyntec will also classify the PDP as high, medium, or low priority using the City’s current prioritization scheme, and include this priority classification in the OC Stormwater Tools entry. The scope of post-construction inspections will include field verification of the WQMP-provided drainage delineations for structural BMPs, followed by the digitally delineation of those areas during entry of BMPs into the BMP inventory. When possible, and in coordination with the City, mobilizations for post-construction BMP inspections will be combined with annual BMP inspections to reduce costs.

Deliverables:
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 One completed inspection checklist per post-construction BMP inspection uploaded to OC Stormwater Tools
 Entry of each newly approved Final WQMP into the OC Stormwater Tools WQMP inventory, including priority determination
 Entry of all related new BMPs into the OC Stormwater Tools BMP inventory  Delineation all related new BMPs in the OC Stormwater Tools BMP inventory Task 4 – Annual BMP Inspections
Geosyntec will follow the schedule below for inspecting PDPs unless otherwise directed by the City:
 High Priority PDPs – annually
 Medium Priority PDPs – every other year
 Low Priority PDPs – once every three years
During the project kickoff meeting or shortly thereafter, Geosyntec will provide the City with a list PDPs to be inspected during Year 1 of this agreement for their concurrence. Geosyntec will proceed to coordinate its inspection efforts in order for the City to prepare and mail notification letters to the selected PDPs in advance of field visits.

Inspections will be scheduled to comprise full workdays to minimize the total number of mobilizations, staff travel time, and mileage expenses. Geosyntec will conduct quality control reviews of inspection results to confirm field staff are conducting inspections consistently. OC Stormwater Tools will be updated to add completed inspection checklists and photographs on a monthly basis, or as otherwise directed by the City, during active inspection periods. Deficiencies noted during inspections will be brought to the City’s attention during this time.

Recommendations for corrective actions to address minor deficiencies (i.e., minimal trash or sediment accumulation) or follow-up inspections to address major deficiencies (i.e., missing BMPs, unvegetated bioretention BMPs, etc.) will be provided to the City so that the City can notify PDP of inspection results and the required corrections. If and when directed by the City, upon notification that corrective actions have been implemented, Geosyntec will conduct follow-up inspections. To maintain consistency, follow-up inspections will be performed by the same Geosyntec inspector who conducted the initial inspection.

Deliverable:
 One completed checklist per annual BMP inspection uploaded to OC Stormwater Tools Task 5 – Catch Basin Delineation
Geosyntec will provide a rapid individual review of inputs and outputs to improve the reliability of existing catch basin drainage area delineations which have been or will be performed for the City by OC Survey. This work includes initial data pre-processing and careful review and correction to ensure the delineation process is well-constrained and the results are realistic and accurate.

Specifically, Geosyntec will review and/or manage GIS data inputs and specify tolerances and offsets based on conditions within the City, and review and post-process the inlet scale delineations for accuracy and to ensure they are consistent with, and do not overlap or extend beyond, the regional subbasin boundaries, due to any differences in precision and methods.

If and when directed by the City, Geosyntec will complete the initial delineation of up to 246 drainage areas by August 31, 2024 in order to allow for additional quantification and reporting of trash capture ahead of the 2024 Annual Reporting cycle. The additional two years of delineations will also be completed, as directed by the City and following future trash capture device installation phases, by August 31st of each subsequent year.

Deliverables:
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 Updated Stormwater Network GIS file (as needed) for OC Survey and City use  Native GIS files for delineations (in addition to Stormwater Tools Upload)  Summary of delineations, area of Priority Land Uses (PLU) captured, and next-step recommendations for Trash Capture reporting and quantification Task 6 – City-Owned BMP Support
If and when directed by the City, Geosyntec will review applicable WQMP(s), O&M documents, and/or O&M agreements to determine the City’s obligations for City-owned BMP maintenance and prepare an O&M Plan or Standard Operating Procedure (SOP), depending on the City’s specific needs. If necessary, a site visit may be conducted to observe site conditions.

Deliverable:
 If directed, one O&M Plan or SOP for City-owned BMPs. 779
1 55452.01100\31193624.5
EXHIBIT "B"

SCHEDULE OF SERVICES
Consultant shall diligently perform the services to the City’s satisfaction according to the timeframe 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. (E) Cyber Liability Insurance with limits not less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Contractor in this agreement and shall include, but not be limited to, claims involving security breach, system failure, data recovery, 781
55452.01100\31193624.5
business interruption, cyber extortion, social engineering, infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, and alteration of electronic information. The policy shall provide coverage for breach response costs, regulatory fines and penalties as well as credit monitoring expenses.

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

Additional Insured Endorsements shall not (1) be
restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Consultant; or (4) contain any other exclusions contrary to the terms or purposes of this Agreement. For all policies of Commercial General Liability insurance, Consultant shall provide endorsements in the form of ISO CG 20 10 10 01 (or endorsements providing the exact same coverage) to effectuate this requirement.
(2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (B) Automobile Liability:
(1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.

3.2.12.4 Professional Liability (Errors & Omissions):
(A) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (B) Contractual Liability Exclusion Deleted: This insurance shall include contractual liability applicable to this Agreement. The policy must “pay on behalf of” the insured and include a provision establishing the insurer’s duty to defend.

3.2.12.5 Workers' Compensation:
(A) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.

3.2.12.6 Primary and Non-Contributing Insurance. All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other 782
55452.01100\31193624.5
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.

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.
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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 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
Compensation for the services provided under this Agreement shall be on a TIME AND MATERIALS BASIS AT THE HOURLY RATES listed in the attached rate sheet from GEOSYNTEC CONSULTANTS which is incorporated fully herein by this reference. Total compensation under this Agreement shall not exceed $299,935, based on the proposed costs by tasks below. The City reserves the right to request reallocation of contract funds between tasks depending on need and availability of funds in the City’s annual budget(s). Additional work shall require approval in writing in advance by the Department Director or the City Manager.

In the event that this Agreement is renewed pursuant to Section 3.1.2, the rates set forth above may be increased or reduced each year at the time of renewal, but any increase shall not exceed the Consumer Price Index, All Urban Consumers, Los Angeles-Long Beach-Anaheim, CA. 785
55452.01100\31193624.5

GEOSYNTEC CONSULTANTS
U.S. RATE SCHEDULE
(All Values are in $USD)
RATE2024 RATE2025 RATE2026 RATE2027
Staff Professional $142 $148 $155 $162
Senior Staff Professional $159 $166 $174 $181
Professional $185 $193 $202 $211
Project Professional $215 $225 $235 $245
Senior Professional $249 $260 $272 $284
Principal $298 $311 $325 $340
Senior Principal $345 $361 $377 $394
Senior Technician I $129 $135 $141 $147
Senior Technician II $141 $147 $154 $161
Site Manager I $139 $145 $152 $159
Site Manager II $152 $159 $166 $173
Construction Manager I $205 $214 $224 $234
Construction Manager II $239 $250 $261 $273
Senior Designer $203 $212 $222 $232
Designer $164 $171 $179 $187
Senior Drafter/Senior CADD Operator $141 $147 $154 $161 Drafter/CADD Operator/Artist $131 $137 $143 $149
Project Administrator $129 $135 $141 $147
Clerical $123 $129 $134 $140
Direct Expenses Cost +12% Cost +12% Cost +12% Cost +12% Subcontract Services Cost +12% Cost +12% Cost +12% Cost +12% Specialized Computer Applications (per hour) $15 $15 $15 $15 Geosyntec Company Vehicle (per day) $120 $120 $120 $120 Personal Automobile (per mile) IRS RATE IRS RATE IRS RATE IRS RATE Photocopies (per page) $0.09 $0.09 $0.09 $0.09
Rate increases become effective on January 1st of each calendar year.

Rates are provided on a confidential basis and are client and project specific.

Rates for field equipment, health and safety equipment, and graphical supplies presented upon request.

Construction management fee presented upon request
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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, INTEREST, AND ATTORNEY’S FEES.
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Dated: ________________________, 20____
________________________________
(“CONSULTANT”)
By: ________________________________
________________________________
Title
________________________________
Address
________________________________
788
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 1
Meeting Date: April 16, 2024 Agenda Item: 10K.

Submitted By: Public Works
Prepared By: Shawn Ryan, Senior Civil Engineer
Subject:
..titl e

CONSIDERATION OF A RESOLUTION AWARDING A CONSTRUCTION CONTRACT TO UNITED FIELD CORPORATION FOR THE RESERVOIR NO. 4 EXTERIOR COATING, CIP PROJECT NO. 23404, IN AN AMOUNT NOT TO EXCEED $170,178, AUTHORIZING THE CITY

MANAGER TO EXECUTE THE CONTRACT, AND FINDING THE PROJECT CATEGORICALLY EXEMPT ..body FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT Fiscal Impact:

The estimated total project construction cost of $212,723 is within the approved budget amount of $500,000 from the Water Fund Depreciation Reserve, Account Number 052-466-43420-000- 23404.

Summary:

Before the City Council is the award of a construction contract to Unified Field Services Corporation in an amount not to exceed $170,178, plus a 15% construction contingency, for the exterior rehabilitation of Reservoir No. 4.

Background:

The paint on the exterior of Reservoir No. 4 is in poor condition with rust and chalking present and needs rehabilitation to extend the life of steel reservoir. The proposed project includes full containment of the tank/work area due to its location on Avenida Salvador to minimize impacts to the neighboring homes during the preparation and application of all paint activities, primer, intermediate and finished coats.

Staff prepared a bid package, notified local contractors and advertised the project for competitive bidding on the PlanetBids website and in the SC Times and bids were
opened on January 18, 2024. The bids ranged from
$170,178 to $333,236 (see Attachment 4). While local
contractors have been notified of how to find and bid on City projects, there were no bids from contractors based in San Clemente. The lowest responsive and responsible bidder was Unified Field Services Corporation of Bakersfield, California with a total bid amount of $170,178. 789
Meeting Date: April 16, 2024 Agenda Item: 10K.

CITY OF SAN CLEMENTE 2
Company Name Company Location Amount
Unified Field Services Corp. Bakersfield, CA 170,177.90 Advanced Industrial Services, Inc. Los Alamitos, CA 207,900.00 Allied Painting, Inc. Williamstown, NJ 289,793.20
F.D. Thomas, Inc. Central Point, OR 314,057.00
Commerce Coating Services Torrance, CA 333,236.00
Based on the lowest bid, the total estimated project construction cost is $212,723, as summarized in the table below:

Construction Management and Inspection $17,018
Construction $170,178
Contingency (15%) $25,527
Total Estimated Construction Cost $212,723
As required by City policy and state law, the Contractor will be required to provide performance and payment bonds simultaneously with execution of the construction contract (Attachment 2).

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

Council Options:
 Adopt Resolution No. 24-57, awarding the construction contract to Unified Field Services Corporation, authorizing the City Manager to execute a construction contract an amount not to exceed $170,178, authorizing a 15% construction contingency of $25,572, and finding the project categorically exempt from CEQA under Class 1 (Existing Facilities, 14 CCR section 15301) of the State CEQA Guidelines.
 Modify and adopt Resolution No. 24-57.
 Continue the item with direction to provide additional information.  Do not award the contract or construct the pavement repairs.

Environmental Review/Analysis:

This project is categorically exempt from the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities, 14 CCR section 15301) of the State CEQA Guidelines because it consists of repair of existing public facilities involving no expansion of an existing use. 790
Meeting Date: April 16, 2024 Agenda Item: 10K.

CITY OF SAN CLEMENTE 3
Recommended Actions:
..recommendation
..recommendation
Staff recommends that the City Council adopt Resolution No. 24-57 which will:

1. Find the Reservoir No. 4 Exterior Coating, CIP Project No. 23404 categorically exempt from the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities, 14 CCR section 15301) of the State CEQA Guidelines;

2. Award the Reservoir No. 4 Exterior Coating, CIP Project No. 23404, contract to Unified Field Services Corporation;

3. Authorize the City Manager to execute a contract with Unified Field Services Corporation, in an amount not to exceed $170,178 in a form substantially similar to Contract No. C24-XX (Attachment 4) for the Reservoir No. 4 Exterior Coating, CIP Project No. 23404; and

4. Approve a 15% construction contingency of $25,572..end...end ..end
Attachment:

1. Resolution No. 24-57

2. Contract No. C24-57

3. Tank Paint Evaluation Services Report

4. Bidders Listing
Notification:

All bidders.
791
Attachment 1
4882-9904-3949 v1
RESOLUTION NO. 24-57

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, AWARDING A

CONSTRUCTION CONTRACT TO UNIFIED FIELD

SERVICES CORPORATION TO PERFORM RESERVOIR
NO. 4 EXTERIOR COATING IN AN AMOUNT NOT TO
EXCEED $170,178, PLUS A 15% PROJECT

CONTINGENCY, AUTHORIZING THE CITY MANAGER TO

EXECUTE THE CONTRACT AND FINDING THE PROJECT

CATEGORICALLY EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT (CEQA) UNDER CLASS
1 (EXISTING FACILITIES, 14 CCR SECTION 15301) OF

THE STATE CEQA GUIDELINES
WHEREAS, the City conducted formal competitive bidding for the Reservoir No. 4 Exterior Coating, Project No. 23404 (Project); and
WHEREAS, on January 18, 2024, the City received 5 bids ranging from $170,178 to $330,236 for the Project; and
WHEREAS, the Unified Field Services Corporation was the lowest responsive and responsible bidder with a bid of $170,178.

NOW, THEREFORE, the City Council of the City of San Clemente does hereby finds, determines and resolves as follows:

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

SECTION 2. That the project is categorically exempt from the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities, 14 CCR section 15301) of the State CEQA Guidelines because it consists of it consists of repair of existing public facilities involving no expansion of an existing use and there is no possibility of a direct or reasonably foreseeable indirect substantial impact on the environment.

SECTION 3. That the Construction Contract Agreement for the Reservoir No. 4 Exterior Coating, Project No. 23404 is awarded to Unified Field Services Corporation SECTION 4. That the City Manager is authorized and directed to execute a construction contract for the Reservoir No. 4 Exterior Coating, CIP Project No. 23404 with Unified Field Services Corporation in an amount not to exceed $170,178, plus a 10% project contingency of $17,018, in a form substantially similar to that presented to the City Council on April 16, 2024.

SECTION 5. That a 15% contingency of $25,572 is approved for the Reservoir No. 4 Exterior Coating, CIP Project No. 23404.
792
Resolution No. 24-57 Page 2
4882-9904-3949 v1
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 April, 2024.
_______________________
Mayor of the City of
San Clemente, California
ATTEST:
__________________________
CITY CLERK of the City of
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. 24-57 was adopted at a regular meeting of the City Council of the City of San Clemente held on _______ day of April 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 _________________, ________. _______________________
CITY CLERK of the City of
San Clemente, California
Approved as to form:
___________________________
Elizabeth A. Mitchell, City Attorney
793
ATTACHMENT 2
SECTION 00500

CONTRACT
THIS CONTRACT is made this _____ day of _________, 2024, in the County of Orange, State of California, by and between the City of San Clemente hereinafter called City, and Unified Field Services Corporation, a California corporation, hereinafter called Contractor. City and the Contractor for the considerations stated herein agree as follows:

ARTICLE 1. SCOPE OF WORK. The Contractor shall perform all Work within the time stipulated the contract and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict compliance with the Contract Documents as specified in Article 5 below for the following Project:

RESERVOIR NO. 4 EXTERIOR COATING, Project No. 23404
The Contractor and its surety shall be liable to City for any damages arising as a result of the Contractor’s failure to comply with this obligation.

ARTICLE 2. TIME FOR COMPLETION. The Work shall be commenced on the date stated in City’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within 45 working days from the commencement date stated in the Notice to Proceed.

By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work.

ARTICLE 3. CONTRACT PRICE. City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of One Hundred Seventy Thousand One Hundred Seventy-eight Dollars ($170,178). Payment shall be made as set forth in the General Conditions.

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

ARTICLE 4. LIQUIDATED DAMAGES/EARLY COMPLETION INCENTIVE. IN ACCORDANCE WITH GOVERNMENT CODE SECTION 53069.85, IT IS AGREED THAT THE CONTRACTOR WILL PAY CITY THE SUM OF $500 FOR EACH AND EVERY CALENDAR DAY

OF DELAY BEYOND THE TIME PRESCRIBED IN THE CONTRACT DOCUMENTS FOR

FINISHING THE WORK, AS LIQUIDATED DAMAGES AND NOT AS A PENALTY OR FORFEITURE. IN THE EVENT THAT LIQUIDATED DAMAGES ARE NOT PAID, THE

CONTRACTOR AGREES CITY MAY DEDUCT THAT AMOUNT FROM ANY MONEY DUE OR THAT MAY BECOME DUE THE CONTRACTOR UNDER THE CONTRACT. THIS ARTICLE

DOES NOT EXCLUDE RECOVERY OF OTHER DAMAGES SPECIFIED IN THE CONTRACT DOCUMENTS.

ARTICLE 5. COMPONENT PARTS OF THE CONTRACT. The “Contract Documents” include the following:

Notice Inviting Bids
Instructions to Bidders
794
Bid Form
Contractor’s Certificate Regarding Workers’ Compensation Bid Bond
Designation of Subcontractors
Information Required of Bidders
Non-Collusion Declaration form
Iran Contracting Act Certification
Public Works Contractor Registration Certification
Contract
Performance Bond
Payment Bond
General Conditions
Special Conditions
Technical Specifications
Addenda
Plans and Drawings
Approved and fully executed change orders
Any other documents contained in or incorporated into the Contract The Contactor shall complete the Work in strict accordance with all of the Contract Documents.

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

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

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

ARTICLE 8. PREVAILING WAGES. Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates shall be made available at CITY CLERK, CITY OF SAN CLEMENTE or may be obtained online at http//www.dir.ca.gov/dlsr. and which must be posted at the job site.
795
IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and year above written.

CITY OF SAN CLEMENTE
By:________________________________
Andy Hall, City Manager
ATTEST:
______________________________ Dated: ____________________, 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

Unified Field Services
Corporation, a California
corporation (“CONTRACTOR”)
By:_____________________________
Wesley R Furrh Jr., Chief Executive
Officer, Chief Financial Officer, Secretary
Dated: __________________, 2024

END OF CONTRACT
796
P. O. Box 801357
Santa Clarita, CA 91380-2316
Phone: 877.274.2422
Fax: 661.775.7628
www.CSIServices.biz
Providing Quality Technical Services to the Coating Industry Hawaiian Office: P.O. Box 671, Aiea, HI 96701
Northern California Office: P.O. Box 371, Sonoma, CA 95476 Coating Specialists and Inspection Services, Inc.

Consulting Evaluations Tank Diving Inspection
April 23, 2023 Via Email: [email protected]
Shawn Ryan, PE
City of San Clemente
910 Calle Negocio
San Clemente, CA 92673
Subject: Tank Paint Evaluation Services
Re: Reservoir No. 4
Dear Shawn:

Please find attached the final report for the evaluation that was completed on the above referenced tank. Thank you for your business and please let me know if you have any questions or comments about our findings. I can always be reached by cell at 661.478.8900 or by e-mail at [email protected].

Sincerely,
CSI Services, Inc.

Patrick Sweeney
Project Manager
$WWDFKPHQW
797
Hawaiian Office: P.O. Box 671, Aiea, HI 96701
Northern California Office: P.O. Box 371, Sonoma, CA 95476 Coating Specialists and Inspection Services, Inc.

Consulting Evaluations Tank Diving Inspection
P. O. Box 801357, Santa Clarita, CA 91380 • 877.274.2422 Final Report
Tank Paint Evaluation Services
Reservoir No. 4
Prepared for:

Shawn Ryan, PE
City of San Clemente
910 Calle Negocio
San Clemente, CA 92673
Prepared by:

CSI Services, Inc.
_________________
Patrick Sweeney
Project Manager April 23, 2023

798
Final Report – Tank Paint Evaluation
Reservoir No. 4
City of San Clemente
Page i
Hawaiian Office: P.O. Box 671, Aiea, HI 96701
Northern California Office: P.O. Box 371, Sonoma, CA 95476 Coating Specialists and Inspection Services, Inc.

Consulting Evaluations Tank Diving Inspection
Table of Contents
Introduction ..……………………………..………….………… Page 1
Summary….........……………………...………..…….…...…… Page 1
Background........……………………...………..…….…...…… Page 2
Field Evaluation ……………………...………..…….…...…… Page 2
Laboratory Analysis.………………...………..…….…...…… Page 4
Discussion…..…………………………………………..……… Page 5
Recommendations………………………….....….……...…… Page 8

Photo Summary………..…………………….....….……...…… Page 9
Attachments
- CSI Chart 1 – General Description of Conditions
- CSI Chart 2 – Rust Grade Criteria
- CSI Chart 3 – Corrosion Grade Criteria
- CSI Chart 4 – Coating Chalking Criteria
- CSI Chart 5 – Coating Adhesion Criteria
- Laboratory Report

799
Final Report - Tank Paint Evaluation
Reservoir No. 4
City of San Clemente