Agenda packet — San Clemente City Council, May 21, 2024

910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Council Chambers
Mayor Cabral
Mayor Pro Tem Enmeier
Councilmember Duncan
Councilmember Knoblock
Councilmember Loeffler
4:00 p.m. - Budget Workshop (Special Meeting)
5:00 p.m. - Closed Session
6:00 p.m. - Business Meeting (Regular Meeting)

CITY OF SAN CLEMENTE
Tuesday, May 21, 2024
City Council
Special and Regular Meeting Agenda
Information concerning City Council Meeting protocols and procedures is contained at the end of this agenda.

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

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

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

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

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

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1 City Council Special and Regular Meeting Agenda May 21, 2024

DISCLOSURE OF CAMPAIGN CONTRIBUTIONS
Pursuant to Government Code § 84308, City Council Members are disqualified and not able to participate in any agenda item involving contracts (other than competitively bid, labor, or personal employment contracts), franchises, discretionary land use permits and other entitlements if the City Council Member received more than $250 in campaign contributions from the applicant or contractor, an agent of the applicant or contractor, or any financially interested participant who actively supports or opposes the City’s decision on the agenda item since January 1, 2023. Members of the City Council who have received, and applicants, contractors or their agents who have made, campaign contributions totaling more than $250 to a City Council Member since January 1, 2023, are required to disclose that fact for the official record of the subject proceedings. Disclosures must include the amount of the campaign contribution and identify the recipient City Council Member and may be made either in writing to the City Clerk before the agenda item or by verbal disclosure during consideration.

BUDGET WORKSHOP (4:00 P.M.) Special Meeting
A. FISCAL YEARS 2024-2025 and 2025-2026 CITY BUDGET WORKSHOP Presentation by Financial Services Officer Rahn and Administrative Services Director Brower concerning the City of San Clemente proposed Fiscal Years 2024-2025 and 2025-2026 budgets.

Staff Recommendation
Provide staff with direction related to the City of San Clemente's proposed Fiscal Year 2024-25 and 2025-26 budgets. The public hearing on the proposed Fiscal Year 2024-2025 and 2025-2026 budgets will take place on June 4, 2024.

CLOSED SESSION (5:00)
A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Existing litigation pursuant to Government Code Section 54956.9(d)(1) Number of Cases: 8

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

2. Case Name: Ruth Martin v. City of San Clemente, Orange County Superior Court Case No. 30-2023-01332706-CU-MC-CXC.

3. Case Name: City of San Clemente v. Alfie Shahid, et al., Orange County Superior Court Case No. 30-2024-01381591-CU-MC-CJC.

4. Case Name: Freda Philomena D’Souza v. City of San Clemente, et al., U.S.

District Court, Central District of California, Case No. 8:20-CV-01863 -JVS-DFM.

5. Case Name: Peggy Burke v. City of San Clemente, et al., Orange County Superior Court Case No. 30-2023-01303894-CU-PO-CJC.

6. Case Name: Priscilla Mejia v. City of San Clemente, et al., Orange County

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2 City Council Special and Regular Meeting Agenda May 21, 2024 Superior Court Case No. 30-2023-01343945-CU-PO-CJC.

7. Case Name: Kenneth Elsner v. City of San Clemente, Chad Biggs, et al., Orange County Superior Court Case No. 30-2023-01344114-CU-PA-CJC.

8. Case Name: Lawrence Brotman v. City of San Clemente, et al., Orange County Superior Court Case No. 30-2022-01275173-CU-WT-NJC.

BUSINESS MEETING (6:00 P.M.) Regular Meeting

CALL TO ORDER
INVOCATION – Catherine Bingham, San Clemente Stake Relief Society President, Church of Jesus Christ of Latter-day Saints
PLEDGE OF ALLEGIANCE - Flag Ceremony presented by the San Clemente High School Army Junior Reserve Officers Training Corps (JROTC)

ROLL CALL

1. Special Presentations
A. Presentation of Commendation - Aaron Letwin
Presentation of Commendation to Aaron Letwin in recognition of achieving the rank of Eagle Scout and being admitted to the United States Military Academy at West Point.

B. Presentation of Commendation - San Clemente High School Dance Team Presentation of Commendation to the San Clemente High School Dance Team in recognition of their achievement at the United Spirit Association Dance Nationals.

C. San Clemente Chamber of Commerce Food to Fuel Recycling Program Presentation by Susie Lantz, Chief Executive Officer, San Clemente Chamber of Commerce, and Sara Peterson, Zebra House Coffee, concerning the environmental education program 'Food to Fuel' in which local businesses recycle organics into clean transportation fuel.

D. Presentation of Proclamation - National Beach Safety Week: May 20 - 27, 2024
Presentation of Proclamation to San Clemente Marine Safety Chief Mellott, and Marine Safety Lieutenant Staudenbaur, setting apart May 20-27, 2024 as National Beach Safety Week.

E. Orange County 2024 Point-in-Time Count
Presentation by Community Development Director Atamian concerning the 2024 Point-in-Time count.

2. Council Members Reports

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3 City Council Special and Regular Meeting Agenda May 21, 2024

3. Oral Communications (Part 1)
Members of the audience who wish to address Council on matters that are within the jurisdiction of the City of San Clemente, but not separately listed on the agenda, may do so during the Oral Communications portion of the meeting. Speakers may address Council once during either Oral Communications Part 1 or Part 2. A total time limitation of 30 minutes is allocated for Oral Communications Part 1, with each speaker being allotted 3 minutes in which to give his or her presentation. Speaker order is determined by the order in which speaker cards are provided to the City Clerk or Deputy City Clerk at the meeting. Speakers that cannot be accommodated during Oral Communications Part 1 will be invited to address Council during Oral Communications Part 2, which appears on this agenda as Item No. 12. When invited by the Mayor, please step to the podium, and if you wish, state your name and the City in which you reside, and make your presentation. Under the Ralph M. Brown Act, the City Council cannot act on items raised during public comment but may respond briefly to statements made or questions posed, request clarification or refer the item to staff.

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

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

6. Closed Session Report - City Attorney

7. Staff Communications

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

TALEGA I APARTMENTS AFFORDABLE HOUSING PROJECT
Public Hearing as required by Section 147(f) of the Internal Revenue Code of 1986 (the "Code"), will be held with respect to a proposed plan of financing providing for the issuance by the California Municipal Finance Authority (the "Authority") of exempt facility bonds for a qualified residential rental project pursuant to Section 142(a)(7) of the Code in one or more series issued from time to time, including bonds issued to refund such exempt facility bonds in one or more series from time to time, in an amount not to exceed $25,000,000 in aggregate principal amount (the "Bonds"). The proceeds of the Bonds will be used to: (1) finance or refinance the acquisition, rehabilitation, improvement and equipping of Mendocino at Talega I, a multifamily rental housing project located at 123 Calle Amistad, San Clemente, California; and (2) pay certain expenses incurred in connection with the issuance of the Bonds. The facilities are to be owned by Amistad

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4 City Council Special and Regular Meeting Agenda May 21, 2024 Housing Partners I LP (the "Borrower") or a partnership of which Jamboree Housing Corporation (the "Developer") or a related person to the Developer is the general partner.

Staff Recommendation

1. Conduct the public hearing under the requirements of Tax and Equity Fiscal Responsibility Act (TEFRA) and the Internal Revenue Code of 1986, as amended, hear public testimony and comment, and close the public hearing.

2. Adopt Resolution No. 24-66 entitled A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA,

APPROVING THE ISSUANCE OF THE CALIFORNIA MUNICIPAL

FINANCE AUTHORITY EXEMPT FACILITY BONDS FOR A QUALIFIED

RESIDENTIAL RENTAL PROJECT IN AN AGGREGATE PRINCIPAL
AMOUNT NOT TO EXCEED $25,000,000 FOR THE PURPOSE OF

FINANCING OR REFINANCING THE ACQUISITION, REHABILITATION,

IMPROVEMENT AND EQUIPPING OF MENDOCINO AT TALEGA I AND
CERTAIN OTHER MATTERS RELATING THERETO.
8B. PUBLIC HEARING ON CONDUIT FINANCING FOR THE MENDOCINO AT

TALEGA II APARTMENTS AFFORDABLE HOUSING PROJECT
Public Hearing as required by Section 147(f) of the Internal Revenue Code of 1986 (the "Code"), will be held with respect to a proposed plan of financing providing for the issuance by the California Municipal Finance Authority (the "Authority") of exempt facility bonds for a qualified residential rental project pursuant to Section 142(a)(7) of the Code in one or more series issued from time to time, including bonds issued to refund such exempt facility bonds in one or more series from time to time, in an amount not to exceed $15,000,000 in aggregate principal amount (the "Bonds"). The proceeds of the Bonds will be used to: (1) finance or refinance the acquisition, rehabilitation, improvement and equipping of Mendocino at Talega II, a multifamily rental housing project located at 123 Calle Amistad, San Clemente, California; and (2) pay certain expenses incurred in connection with the issuance of the Bonds. The facilities are to be owned by Amistad Housing Partners II LP (the "Borrower") or a partnership of which Jamboree Housing Corporation (the "Developer") or a related person to the Developer is the general partner.

Staff Recommendation

1. Conduct the public hearing under the requirements of the Tax and Equity Fiscal Responsibility Act (TEFRA) and the Internal Revenue Code of

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5 City Council Special and Regular Meeting Agenda May 21, 2024 1986, as amended, hear public testimony and comment, and close the public hearing.

2. Adopt Resolution No. 24-67 entitled A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA,

APPROVING THE ISSUANCE OF THE CALIFORNIA MUNICIPAL

FINANCE AUTHORITY EXEMPT FACILITY BONDS FOR A QUALIFIED

RESIDENTIAL RENTAL PROJECT IN AN AGGREGATE PRINCIPAL
AMOUNT NOT TO EXCEED $15,000,000 FOR THE PURPOSE OF

FINANCING OR REFINANCING THE ACQUISITION, REHABILITATION,

IMPROVEMENT AND EQUIPPING OF MENDOCINO AT TALEGA II AND CERTAIN OTHER MATTERS RELATING THERETO.
8C. BID PROTEST HEARING FOR THE CYPRUS SHORE GRADING, STORM

DRAIN, AND SEWER LIFT STATION AND FORCE MAIN IMPROVEMENTS, CIP PROJECT NOS. 12004 & 12210, AND CONSIDERATION OF A

RESOLUTION AWARDING A CONSTRUCTION CONTRACT FOR THE

PROJECT TO THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER,

APPROVING SUPPLEMENTAL APPROPRIATIONS FROM THE STORM

DRAIN FUND DEPRECIATION RESERVE, THE SEWER FUND CONNECTION

FEE RESERVE AND THE SEWER FUND DEPRECIATION RESERVE, AND

AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONSTRUCTION

CONTRACT
Staff Recommendation

1. Conduct a bid protest hearing, open the hearing, hear public testimony and comments, and close the hearing.

AND adopt Resolution No. 24-72, which will:

1. ..recommendation

2. Deny the bid protest submitted by Kay Construction Company, Inc. and waive strict compliance with the bid documents with respect to the inconsequential and immaterial deviation in the bid submitted by GMZ Engineering, Inc.

3. Award the Cyprus Shore Grading, Storm Drain and Sewer Lift Station Improvements, CIP Project No. 12004 & 12210, construction contract to GMZ Engineering, Inc. as the lowest responsible and responsive bidder.

4. Approve, and authorize the City Manager to execute, Contract No. C24- 23, by and between the City of San Clemente and GMZ Engineering, Inc., providing for the Cyprus Shore Grading, Storm Drain and Sewer Lift Station Improvements, in an amount of $4,145,075, in a form substantially similar to Contract No. C24-23 (Attachment 2).

5. Approve a 19% project contingency of $787,500.

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6 City Council Special and Regular Meeting Agenda May 21, 2024

6. Approve a supplemental appropriation in the amount of $735,479 to account #059-553-45300-000-12004 from the Storm Drain Fund Depreciation Reserve and a supplementation appropriation of $2,619,657 to account #054-477-45300-000-12210 with $300,000 from the Sewer Fund Connection Fee Reserve and $2,319,657 from the Sewer Fund Depreciation Reserve.

9. Unfinished Business
None.

10. New Business
None.

11. Consent Calendar
All items listed on the Consent Calendar are considered to be routine and will be enacted by one motion without discussion unless Council or Staff requests removal of an item for separate discussion and action.

A. City Council Minutes
Staff Recommendation:
(1) APPROVE THE CITY COUNCIL REGULAR MEETING MINUTES OF MAY 7, 2024.

B. Commission/Committee Minutes
Staff Recommendation:

Receive and file the following:
(1) GOLF COURSE COMMITTEE SPECIAL MEETING MINUTES OF
NOVEMBER 30, 2023.
(2) GOLF COURSE COMMITTEE JOINT MEETING MINUTES OF
JANUARY 22, 2024.
(3) GOLF COURSE COMMITTEE JOINT MEETING MINUTES OF
FEBRUARY 12, 2024.
(4) PLANNING COMMISSION REGULAR MEETING MINUTES OF MAY 8, 2024.

C. Warrant Register
None.

Payroll Register
None.

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7 City Council Special and Regular Meeting Agenda May 21, 2024 11D. NOTICE OF COMPLETION - FY 2024 PAVEMENT PRESERVATION

PROGRAM
Staff Recommendation
Adopt Resolution No. 24-73, which will:

1. Accept the FY 2024 Pavement Preservation Program, CIP Project No. 24303, from the contractor, Prestige Paving Company, Inc.

2. Authorize the Public Works Director/City Engineer to execute and record the Notice of Completion for the FY 2024 Pavement Preservation Program.

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, Prestige Paving Company, Inc.

4. Authorize the City Clerk to release the performance bond for this project upon receipt of a warranty bond in a form acceptable to the Public Works Director/City Engineer in the amount of 25% of the total construction cost. 11E. NOTICE OF COMPLETION - CALAFIA PUMP STATION FLOW METER AND

VAULT REPLACEMENT
Staff Recommendation
Adopt Resolution No. 24-74, which will:

1. Accept the Calafia Pump Station Flow Meter and Vault Replacement, CIP Project No. 24401, from the contractor, Vicon Enterprise, Inc.

2. Authorize the Public Works Director/City Engineer to execute and record the Notice of Completion for the Calafia Pump Station Flow Meter and Vault Replacement.

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8 City Council Special and Regular Meeting Agenda May 21, 2024 11F. CONTRACT AWARD - RESERVOIRS 5A AND 10 CHEMICAL LINES

IMPROVEMENT, AND FINDING THE PROJECT CATEGORICALLY EXEMPT

FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
Staff Recommendation
Adopt Resolution No. 24-75, which will:

1. Find the Reservoir 5A and 10 Chemical Lines Improvement, CIP Project No. 24404, 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 5A and 10 Chemical Lines Improvement contract to Jennette Company, Inc. including the bid alternate.

3. Approve, and authorize the City Manager to execute, Contract No. C24- 24, by and between the City of San Clemente and Jennette Company, Inc., providing for the Reservoir 5A and 10 Chemical Lines Improvement, in an amount not to exceed $130,300, in a form substantially similar to Contract No. C24-24 (Attachment 2).

4. Approve a 15% construction contingency of $19,545 for this project. 11G. CONSIDERATION OF A RESOLUTION APPROVING THE PURCHASE OF

TWO PROGRAMMABLE LOGIC CONTROLLERS AND INSTALLATION
MATERIALS, FOR REPLACEMENT AT THE CITY’S WATER RECLAMATION

PLANT, AND FINDING THE PROJECT CATEGORICALLY EXEMPT FROM

THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
Staff Recommendation
Adopt Resolution No. 24-76, which will:

1. Find the project categorically exempt from the California Environmental Quality Act (CEQA) under Class 2 (Replacement or Reconstruction, 14 CCR Section 15302) of the State CEQA Guidelines.

2. Approve the expenditure for Programmable Logic Controllers (PLCs) for Fiscal Year 2023-24 for a total amount not to exceed $122,794.

3. Approve the purchase of two (2) replacement Programmable Logic Controllers (PLCs) and installation materials from OneSource Distributors, as a sole source vendor for Allen Bradley components, and low bidder on other materials, based on the attached fixed price quotes.

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9 City Council Special and Regular Meeting Agenda May 21, 2024 11H. REQUEST FOR SPECIAL EVENT PARTNERSHIP AGREEMENT WITH THE

HAWAIIAN SURF CLUB OF SAN ONOFRE FOR THE ANNUAL POLYNESIAN

FESTIVAL
Staff and the Beaches, Parks and Recreation Commission Recommendation Adopt Resolution No. 24-77, which will approve, and authorize the City Manager to execute, Contract No C24-25, a Partnership Agreement, by and between the City of San Clemente and the Hawaiian Surf Club of San Onofre for the waiver of all rental fees, not to exceed $2,175 annually.

12. Oral Communications (Part 2)
Members of the audience who wish to address Council on matters that are within the jurisdiction of the City of San Clemente, but not separately listed on the agenda, may do so during the Oral Communications portion of the meeting. When invited by the Mayor, please step to the podium, and if you wish, state your name and the City in which you reside, and make your presentation, not to exceed three minutes. Under the Ralph M. Brown Act, the City Council cannot act on items raised during public comment but may respond briefly to statements made or questions posed, request clarification or refer the item to staff.

13. Future Agenda Items

14. Reports
A. Commissions and Committees
B. Council Subcommittee Updates
C. City Attorney
D. City Manager

15. Adjournment
The next Regular City Council Meeting is scheduled to take place on June 4, 2024.

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

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10 City Council Special and Regular Meeting Agenda May 21, 2024

CITY COUNCIL MEETING PROCEDURES

PRESENTATION OF WRITTEN MATERIALS TO COUNCIL
In order to ensure that Councilmembers have adequate time to consider written materials concerning agenda items, it is strongly recommended that such materials be submitted to the City Clerk by noon the date preceding the Council meeting.

MEETINGS RECORDED AND TELEVISED
City Council meetings are broadcast live and are replayed periodically on Cox Communications Local Access Channel 854. Meetings are also available for live-stream or post meeting viewing from the City’s website.

Meetings are also recorded via audio CD and/or DVD and retained as a City record in accordance with the City’s records retention schedule.

USE OF ELECTRONIC VISUAL AIDS BY PUBLIC AT MEETINGS
To allow staff adequate time to confirm software compatibility, individuals wishing to utilize electronic visual aids to supplement their oral presentations at the meeting, must submit the electronic files to the City Clerk by no later than 12:00 p.m. on the day of the meeting. Only compatible electronic formats will be permitted to be used on City audio/visual computer equipment. Staff makes no guarantee that such material will be compatible, but will use its best efforts to accommodate the request.

LENGTH OF MEETINGS
At 11:00 p.m., the City Council will determine which of the remaining agenda items can be considered and acted upon at this meeting and will continue all other agenda items to a future meeting.

AMERICANS WITH DISABILITIES ACT
Pursuant to the Americans with Disabilities Act, persons with a disability who require a disability-related modification or accommodation in order to participate in a meeting, including auxiliary aids or services, may request such modification or accommodation from the City Clerk at (949) 361-8200. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to assure accessibility to the meeting.

COMMUNICATION DEVICES
To minimize meeting distractions and sound system interference, please be sure all personal communication devices are turned off or on silent mode.

MEETING SCHEDULE
Regular Council Meetings are held on the first and third Tuesdays of each month in the Council Chambers, located at 910 Calle Negocio, 2nd floor, San Clemente. Closed Session are considered at 5:00 p.m. and the Business Meeting begins at 6:00 p.m. Additional meetings of the City Council may be called as needed.

AGENDAS, ADMINISTRATIVE REPORTS AND SUPPLEMENTAL WRITTEN MATERIALS Agendas and Administrative Reports are available for review and/or copying at the City Clerk’s Department as soon as agendas are posted, by accessing the City’s website at www.san-clemente.org. An “Inspection Copy” of agenda materials is also located at the entrance to the Council Chambers during meetings for public review. All written material distributed to a majority of the Council after the original agenda packet was distributed is available for public inspection in the City Clerk’s Department, located at 910 Calle Negocio, San Clemente, during normal business hours.

The City Clerk’s Department offers an agenda packet subscription service free of charge. If you wish to receive email copies of City Council agendas, which include hyperlinks to staff reports and other back-up material, register at http://san-clemente.org/enotification.

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11 910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: May 21, 2024 Agenda Item: 8A.

Submitted By: Finance and Administrative Services
Prepared By: Brian Brower, Administrative Services Director Subject:
..titl e

PUBLIC HEARING ON CONDUIT FINANCING FOR THE MENDOCINO AT TALEGA I APARTMENTS AFFORDABLE HOUSING PROJECT ..body
Fiscal Impact:

None. Conduit financing is a means for private nonprofit organizations to raise capital via taxexempt municipal bonds to fund or refinance large-scale projects that typically have a public benefit. The borrower (here, Amistad Housing Partners I LP) is solely responsible for making coupon payments to bondholders. There is no cost or financial liability to the City associated with the planned bond issuance.

Summary:

On June 6, 2001, the City entered into an affordable housing project agreement with the Jamboree Housing Corporation (Developer) for the development of 124 affordable housing rental units located at 123 Calle Amistad in San Clemente, which is known commonly as The Mendocino at Talega I Apartments (the Project). The original Project was completed in 2003.

The Developer has requested that the City conduct a public hearing under the Tax and Equity Fiscal Responsibility Act (TEFRA) in connection with the proposed issuance of tax-exempt revenue bonds by the California Municipal Finance Authority (CMFA), in an amount not to exceed $25,000,000 (the Bonds), to enable the Borrower to refinance the Project. A TEFRA hearing is a public hearing required by the Internal Revenue Service (IRS) when a non-profit borrower intends to issue tax-exempt debt. The TEFRA hearing provides the public with an opportunity to comment on the use of tax-exempt bond proceeds by the specific borrowing institution (e.g., CMFA on behalf of the non-profit Borrower) to refinance their capital needs.

Following the public hearing, the City Council will consider a Resolution authorizing CMFA to proceed with the financing transaction. Adoption of the attached Resolution is solely for the purpose of satisfying the requirements of TEFRA, Section 147(f) of the Internal Revenue Code of 1986 and the California Government Code Section 6500 (and following). All financial obligations of the bond issuance would be the responsibility of the Borrower.

Background:

CMFA is a joint powers authority and public entity in California. It was created on January 1, 2004 pursuant to a joint exercise of powers agreement between its member agencies to promote economic, cultural and community development, through the financing of economic development and charitable activities throughout California and with the issuance of taxable and tax-exempt 12 Meeting Date: May 21, 2024 Agenda Item: 8A.

CITY OF SAN CLEMENTE 2
bonds. The CMFA’s representatives and its Board of Directors have considerable experience in bond financings.

In the anticipated transaction, CMFA is the bond issuer. The Bonds are to be issued for the benefit of Amistad Housing Partners I LP (the Borrower), a partnership of which JHC-Amistad LLC (a person related to the Developer) is the general partner. The Borrower has requested that CMFA serve as the municipal issuer of the tax-exempt revenue Bonds in an aggregate principal amount not to exceed $25,000,000. The proceeds of the Bonds will be used to refinance the existing multifamily rental housing project located at 123 Calle Amistad, San Clemente, California (The Mendocino at Talega I Apartments).

In order for all or a portion of the Bonds to qualify as tax-exempt, a public hearing (the “TEFRA Hearing”) must be held to provide the members of the community with an opportunity to speak in favor of or against the use of tax-exempt bonds for the re-financing of the Project. Prior to such TEFRA Hearing, reasonable notice must be provided to the members of the community.

Following the close of the TEFRA Hearing, an “applicable elected representative” of the governmental unit hosting the Project may provide its approval of the issuance of the Bonds for the re-financing of the Project, which would allow CMFA and the Borrower to proceed with the next steps in the transaction.

The Borrower has developed a comprehensive scope of work that addresses long term capital needs within the units and the building envelope. The proposed rehabilitation activities will include some units being converted to meet American Disabilities Act compliance. The combined rehabilitation budget of $14MM for both phases of the Talega projects will address the current property needs and position the properties to continue being an asset in the City of San Clemente.

Council Options:
 Adopt Resolution No. 24-66, which would give approval under Section 147(f) of the Internal Revenue Code for CMFA to issue bonds for the Borrower’s benefit.  Modify and adopt Resolution No. 24-66.
 Continue the item and instruct staff to bring back additional information.  Deny Resolution No. 24-66, which would require CMFA and the Borrower to seek approval from another governmental unit (like Orange County) before proceeding with the Bond issuance.

Environmental Review/Analysis:

This is not a “project” under the California Environmental Quality Act. 13 Meeting Date: May 21, 2024 Agenda Item: 8A.

CITY OF SAN CLEMENTE 3
Recommended Actions:

Staff Recommendation
..recommendation

1. Conduct the public hearing under the requirements of TEFRA and the Internal Revenue Code of 1986, as amended, hear public testimony and comment, and close the public hearing.

2. Adopt Resolution No. 24-66, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, APPROVING THE ISSUANCE OF THE CALIFORNIA

MUNICIPAL FINANCE AUTHORITY EXEMPT FACILITY BONDS FOR A QUALIFIED

RESIDENTIAL RENTAL PROJECT IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $25,000,000 FOR THE PURPOSE OF FINANCING OR REFINANCING THE

ACQUISITION, REHABILITATION, IMPROVEMENT AND EQUIPPING OF MENDOCINO

AT TALEGA I AND CERTAIN OTHER MATTERS RELATING THERETO
..end
Attachment:

1. Resolution No. 24-66

2. Public Hearing Notice
Notification:

Public Hearing Notice in the San Clemente Times
California Municipal Finance Authority
Jamboree Housing Corporation
14 Attachment 1
RESOLUTION NO. 24-66

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, APPROVING THE

ISSUANCE OF THE CALIFORNIA MUNICIPAL FINANCE

AUTHORITY EXEMPT FACILITY BONDS FOR A QUALIFIED

RESIDENTIAL RENTAL PROJECT IN AN AGGREGATE
PRINCIPAL AMOUNT NOT TO EXCEED $25,000,000 FOR

THE PURPOSE OF FINANCING OR REFINANCING THE

ACQUISITION, REHABILITATION, IMPROVEMENT AND

EQUIPPING OF MENDOCINO AT TALEGA I AND CERTAIN

OTHER MATTERS RELATING THERETO
WHEREAS, Amistad Housing Partners I LP (the "Borrower") a partnership of which Jamboree Housing Corporation (the "Developer") or a related person to the Developer is the general partner, has requested that the California Municipal Finance Authority (the "Authority") adopt a plan of financing providing for the issuance of exempt facility bonds for a qualified residential rental project pursuant to Section 142(a)(7) of the Internal Revenue Code of 1986 (the "Code") in one or more series issued from time to time, including bonds issued to refund such exempt facility bonds in one or more series from time to time, and at no time to exceed $25,000,000 in aggregate principal amount (the "Bonds"), to finance or refinance the acquisition, rehabilitation, improvement and equipping of a multifamily rental housing project located at 123 Calle Amistad, San Clemente, California (the "Project"); and WHEREAS, pursuant to Section 147(f) of the Code, the issuance of the Bonds by the Authority must be approved by the City of San Clemente (the "City") because the Project is located within the territorial limits of the City; and WHEREAS, the City Council of the City of San Clemente (the "City Council") is the elected legislative body of the City and is one of the "applicable elected representatives" required to approve the issuance of the Bonds under Section 147(f) of the Code; and WHEREAS, the Authority has requested that the City Council approve the issuance of the Bonds by the Authority in order to satisfy the public approval requirement of Section 147(f) of the Code and the requirements of Section 4 of the Joint Exercise of Powers Agreement Relating to the California Municipal Finance Authority, dated as of January 1, 2004 (the "Agreement"), among certain local agencies, including the City; and WHEREAS, pursuant to Section 147(f) of the Code, the City Council has, following notice duly given, held a public hearing regarding the issuance of the Bonds, heard and considered all comment and testimony by the public at such hearing, and now desires to approve the issuance of the Bonds by the Authority.

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

Section 1. The foregoing recitals are true and correct and incorporated herein. 15 Resolution No. 24-66 Page 2
Section 2. The City Council hereby approves the issuance of the Bonds by the Authority. It is the purpose and intent of the City Council that this Resolution constitute approval of the issuance of the Bonds by the Authority, for the purposes of (a) Section 147(f) of the Code by the applicable elected representative of the governmental unit having jurisdiction over the area in which the Project is located, in accordance with said Section 147(f) and (b) Section 4 of the Agreement.

Section 3. The issuance of the Bonds shall be subject to the approval of the Authority of all financing documents relating thereto to which the Authority is a party. The City shall have no responsibility or liability whatsoever with respect to the Bonds.

Section 4. The adoption of this Resolution shall not obligate the City or any department thereof to (i) provide any financing to acquire or construct the Project or any refinancing of the Project; (ii) approve any application or request for or take any other action in connection with any planning approval, permit or other action necessary for the acquisition, construction, rehabilitation, installation or operation of the Project; (iii) make any contribution or advance any funds whatsoever to the Authority; or (iv) take any further action with respect to the Authority or its membership therein.

Section 5. The officers of the City are hereby authorized and directed, jointly and severally, to do any and all things and to execute and deliver any and all documents that they deem necessary or advisable in order to carry out, give effect to and comply with the terms and intent of this Resolution and the financing transaction approved hereby.

Section 6. This Resolution shall take effect immediately upon its adoption.

Section 7. 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
16 Resolution No. 24-66 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. 24-66 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:

NOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING

WILL BE HELD BY THE CITY COUNCIL OF THE

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

ISSUANCE OF EXEMPT FACILITY BONDS FOR A QUALIFIED RESIDENTIAL

RENTAL PROJECT AT MENDOCINO AT TALEGA I, A MULTIFAMILY RENTAL HOUSING LOCATED AT 123 CALLE AMISTAD
NOTICE IS HEREBY GIVEN that on May 21, 2024, a public hearing as required by Section 147(f) of the Internal Revenue Code of 1986 (the "Code"), will be held with respect to a proposed plan of financing providing for the issuance by the California Municipal Finance Authority (the "Authority") of exempt facility bonds for a qualified residential rental project pursuant to Section 142(a)(7) of the Code in one or more series issued from time to time, including bonds issued to refund such exempt facility bonds in one or more series from time to time, in an amount not to exceed $25,000,000 in aggregate principal amount (the "Bonds"). The proceeds of the Bonds will be used to: (1) finance or refinance the acquisition, rehabilitation, improvement and equipping of Mendocino at Talega I, a multifamily rental housing project located at 123 Calle Amistad, San Clemente, California; and (2) pay certain expenses incurred in connection with the issuance of the Bonds. The facilities are to be owned by Amistad Housing Partners I LP (the "Borrower") or a partnership of which Jamboree Housing Corporation (the "Developer") or a related person to the Developer is the general partner.

The Bonds and the obligation to pay principal of and interest thereon and any redemption premium with respect thereto do not constitute indebtedness or an obligation of the Authority, the State of California or any political subdivision thereof, within the meaning of any constitutional or statutory debt limitation, or a charge against the general credit or taxing powers of any of them. The Bonds shall be a limited obligation of the Authority, payable solely from certain revenues duly pledged therefor and generally representing amounts paid by the Borrower.

Additional information concerning the above matter may be obtained from, and written comments should be addressed to Administrative Services Director at (949) 361-8200.

To allow staff adequate time to confirm software compatibility, individuals wishing to utilize electronic visual aids to supplement their oral presentations at the meeting, must submit the electronic files to the City Clerk by no later than 12:00 p.m. on the day of the meeting.

Only compatible electronic formats will be permitted to be used on City audio/visual computer equipment. Staff makes no guarantee that such material will be compatible, but will use its best efforts to accommodate the request.

NOTICE IS FURTHER GIVEN that said Public Hearing will be held at the meeting of the City Council on May 21, 2024 at 6:00 p.m. in the City Council Chambers, located at 910 18 Calle Negocio, 2nd Floor, San Clemente. All interested persons wishing to express their views on the issuance of the Bonds or on the nature and location of the facilities proposed to be financed or refinanced may attend said public hearing, or submit written communication, to express their opinion for or against the public hearing item.

LAURA CAMPAGNOLO
City Clerk and Ex-Officio
Clerk of the Council
19 TEFRA NOTICE OF PUBLIC HEARING TAlega I 5-21 - Page 1 of 2 34932 Calle Del Sol, Suite B
Capistrano Beach, CA 92624
(949)388-7700
(949)388-9977 FAX
State of California
County of Orange
I am a citizen of the United States and a resident of the County aforesaid: I am over the age of 18 years, and not a party to or interested in the above-entitled matter. I am the Legal Clerk of the publisher of the San Clemente Times, a City of San Clemente, newspaper of general circulation, published weekly in the city of San Clemente, County of Orange, and which newspaper has been adjudicated as a newspaper of general circulation by the Superior Court of the County of Orange, State of California on Nov 9th, 2018, Case Number 01017680; that the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit:

Published in: San Clemente Times
Run dates:

May. 9, 2024
Executed: _______ day of _______________, A.D. 20____.

I certify (or declare) under penalty of perjury that the foregoing is true and correct.

Signature:
______________________________

PROOF OF PUBLICATION
9 May 24
20 TEFRA NOTICE OF PUBLIC HEARING TAlega I 5-21 - Page 2 of 2 21 910 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: May 21, 2024 Agenda Item: 8B.

Submitted By: Finance and Administrative Services
Prepared By: Brian Brower, Administrative Services Director Subject:
..titl e

PUBLIC HEARING ON CONDUIT FINANCING FOR THE MENDOCINO AT TALEGA II APARTMENTS AFFORDABLE HOUSING PROJECT ..body
Fiscal Impact:

None. Conduit financing is a means for private nonprofit organizations to raise capital via taxexempt municipal bonds to fund or refinance large-scale projects that typically have a public benefit. The borrower (here, Amistad Housing Partners II LP) is solely responsible for making coupon payments to bondholders. There is no cost or financial liability to the City associated with planned bond issuance.

Summary:

On June 6, 2001, the City entered into an affordable housing project agreement with the Jamboree Housing Corporation (the Developer) for the development of 62 affordable housing rental units located at 123 Calle Amistad in San Clemente, which is known commonly as The Mendocino at Talega II Apartments (the Project). The original Project was completed in 2004.

The Developer has requested that the City conduct a public hearing under the Tax and Equity Fiscal Responsibility Act (TEFRA) in connection with the proposed issuance of tax-exempt revenue bonds by the California Municipal Finance Authority (CMFA), in an amount not to exceed $15,000,000 (the Bonds), to enable the Borrower to refinance the Project. A TEFRA hearing is a public hearing required by the Internal Revenue Service (IRS) when a non-profit borrower intends to issue tax-exempt debt. The TEFRA hearing provides the public with an opportunity to comment on the use of tax-exempt bond proceeds by the specific borrowing institution (e.g., CMFA on behalf of the non-profit Borrower) to refinance their capital needs.

Background:

CITY OF SAN CLEMENTE 2
bonds. The CMFA’s representatives and its Board of Directors have considerable experience in bond financings.

In the anticipated transaction, CMFA is the bond issuer. The Bonds are to be issued for the benefit of Amistad Housing Partners I LP (the Borrower), a partnership of which JHC-Amistad LLC (a person related to the Developer) is the general partner. The Borrower has requested that CMFA serve as the municipal issuer of the tax-exempt revenue Bonds in an aggregate principal amount not to exceed $15,000,000. The proceeds of the Bonds will be used to refinance the existing multifamily rental housing project located at 123 Calle Amistad, San Clemente, California (The Mendocino at Talega II Apartments).

Council Options:
 Adopt Resolution No. 24-67, which would give approval under Section 147(f) of the Internal Revenue Code for CMFA to issue bonds for the Borrower’s benefit.  Modify and adopt Resolution No. 24-67.
 Continue the item and instruct staff to bring back additional information.  Deny Resolution No. 24-67, which would require CMFA and the Borrower to seek approval from another governmental unit (like Orange County) before proceeding with the Bond issuance.

Environmental Review/Analysis:

This is not a “project” under the California Environmental Quality Act. 23 Meeting Date: May 21, 2024 Agenda Item: 8B.

CITY OF SAN CLEMENTE 3
Recommended Actions:

Staff Recommendation
..recommendation

1. Conduct the public hearing under the requirements of TEFRA and the Internal Revenue Code of 1986, as amended, hear public testimony and comment, and close the public hearing.

2. Adopt Resolution No. 24-67, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, APPROVING THE ISSUANCE OF THE CALIFORNIA

MUNICIPAL FINANCE AUTHORITY EXEMPT FACILITY BONDS FOR A QUALIFIED

RESIDENTIAL RENTAL PROJECT IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $15,000,000 FOR THE PURPOSE OF FINANCING OR REFINANCING THE

ACQUISITION, REHABILITATION, IMPROVEMENT AND EQUIPPING OF MENDOCINO AT TALEGA II AND CERTAIN OTHER MATTERS RELATING THERETO.
..end
Attachment:

1. Resolution No. 24-67

2. Public Hearing Notice
Notification:

Public Hearing Notice in the San Clemente Times
California Municipal Finance Authority
Jamboree Housing Corporation
24 Attachment 1
RESOLUTION NO. 24-67

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, APPROVING THE

ISSUANCE OF THE CALIFORNIA MUNICIPAL FINANCE

AUTHORITY EXEMPT FACILITY BONDS FOR A QUALIFIED

RESIDENTIAL RENTAL PROJECT IN AN AGGREGATE
PRINCIPAL AMOUNT NOT TO EXCEED $15,000,000 FOR

THE PURPOSE OF FINANCING OR REFINANCING THE

ACQUISITION, REHABILITATION, IMPROVEMENT AND

EQUIPPING OF MENDOCINO AT TALEGA II AND CERTAIN

OTHER MATTERS RELATING THERETO
WHEREAS, Amistad Housing Partners II LP (the "Borrower"), a partnership of which Jamboree Housing Corporation (the "Developer") or a related person to the Developer is the general partner, has requested that the California Municipal Finance Authority (the "Authority") adopt a plan of financing providing for the issuance of exempt facility bonds for a qualified residential rental project pursuant to Section 142(a)(7) of the Internal Revenue Code of 1986 (the "Code") in one or more series issued from time to time, including bonds issued to refund such exempt facility bonds in one or more series from time to time, and at no time to exceed $15,000,000 in aggregate principal amount (the "Bonds"), to finance or refinance the acquisition, rehabilitation, improvement and equipping of a multifamily rental housing project located at 123 Calle Amistad, San Clemente, California (the "Project"); and WHEREAS, pursuant to Section 147(f) of the Code, the issuance of the Bonds by the Authority must be approved by the City of San Clemente (the "City") because the Project is located within the territorial limits of the City; and WHEREAS, the City Council of the City of San Clemente (the "City Council") is the elected legislative body of the City and is one of the "applicable elected representatives" required to approve the issuance of the Bonds under Section 147(f) of the Code; and WHEREAS, the Authority has requested that the City Council approve the issuance of the Bonds by the Authority in order to satisfy the public approval requirement of Section 147(f) of the Code and the requirements of Section 4 of the Joint Exercise of Powers Agreement Relating to the California Municipal Finance Authority, dated as of January 1, 2004 (the "Agreement"), among certain local agencies, including the City; and WHEREAS, pursuant to Section 147(f) of the Code, the City Council has, following notice duly given, held a public hearing regarding the issuance of the Bonds, heard and consider all comment and testimony by the public at such hearing, and now desires to approve the issuance of the Bonds by the Authority.

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

Section 1. The foregoing recitals are true and correct and incorporated herein. 25 Resolution No. 24-67 Page 2
Section 2. The City Council hereby approves the issuance of the Bonds by the Authority. It is the purpose and intent of the City Council that this Resolution constitute approval of the issuance of the Bonds by the Authority, for the purposes of (a) Section 147(f) of the Code by the applicable elected representative of the governmental unit having jurisdiction over the area in which the Project is located, in accordance with said Section 147(f) and (b) Section 4 of the Agreement.

Section 6. This Resolution shall take effect immediately upon its adoption.

Section 7. 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
26 Resolution No. 24-67 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. 24-67 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:

NOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING

WILL BE HELD BY THE CITY COUNCIL OF THE

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

ISSUANCE OF EXEMPT FACILITY BONDS FOR A QUALIFIED RESIDENTIAL

RENTAL PROJECT AT MENDOCINO AT TALEGA II, A MULTIFAMILY RENTAL HOUSING LOCATED AT 123 CALLE AMISTAD
NOTICE IS HEREBY GIVEN that on May 21, 2024, a public hearing as required by Section 147(f) of the Internal Revenue Code of 1986 (the "Code"), will be held with respect to a proposed plan of financing providing for the issuance by the California Municipal Finance Authority (the "Authority") of exempt facility bonds for a qualified residential rental project pursuant to Section 142(a)(7) of the Code in one or more series issued from time to time, including bonds issued to refund such exempt facility bonds in one or more series from time to time, in an amount not to exceed $15,000,000 in aggregate principal amount (the "Bonds"). The proceeds of the Bonds will be used to: (1) finance or refinance the acquisition, rehabilitation, improvement and equipping of Mendocino at Talega II, a multifamily rental housing project located at 123 Calle Amistad, San Clemente, California; and (2) pay certain expenses incurred in connection with the issuance of the Bonds. The facilities are to be owned by Amistad Housing Partners II LP (the "Borrower") or a partnership of which Jamboree Housing Corporation (the "Developer") or a related person to the Developer is the general partner.

Additional information concerning the above matter may be obtained from, and written comments should be addressed to the Administrative Services Director at (949) 361-8200.

NOTICE IS FURTHER GIVEN that said Public Hearing will be held at the meeting of the City Council on May 21, 2024 at 6:00 p.m. in the City Council Chambers, located at 910 Calle Negocio, 2nd Floor, San Clemente. All interested persons wishing to express their 28 views on the issuance of the Bonds or on the nature and location of the facilities proposed to be financed or refinanced may attend said public hearing, or submit written communication, to express their opinion for or against the public hearing item.

LAURA CAMPAGNOLO
City Clerk and Ex-Officio
Clerk of the Council
29 TEFRA NOTICE OF HEARING Talega II - Page 1 of 2
34932 Calle Del Sol, Suite B
Capistrano Beach, CA 92624
(949)388-7700
(949)388-9977 FAX
State of California
County of Orange
I am a citizen of the United States and a resident of the County aforesaid: I am over the age of 18 years, and not a party to or interested in the above-entitled matter. I am the Legal Clerk of the publisher of the San Clemente Times, a City of San Clemente, newspaper of general circulation, published weekly in the city of San Clemente, County of Orange, and which newspaper has been adjudicated as a newspaper of general circulation by the Superior Court of the County of Orange, State of California on Nov 9th, 2018, Case Number 01017680; that the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit:

Published in: San Clemente Times
Run dates:

May. 9, 2024
Executed: _______ day of _______________, A.D. 20____.

I certify (or declare) under penalty of perjury that the foregoing is true and correct.

Signature:
______________________________

PROOF OF PUBLICATION
9 May 24
30 TEFRA NOTICE OF HEARING Talega II - Page 2 of 2
31 910 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: May 21, 2024 Agenda Item: 8C.

Department: Public Works
Prepared By Belgin Cuhadaroglu, Associate Civil Engineer

Subject:
..titl e

BID PROTEST HEARING FOR THE CYPRUS SHORE GRADING, STORM DRAIN, AND SEWER LIFT STATION AND FORCE MAIN IMPROVEMENTS, CIP PROJECT NOS. 12004 & 12210, AND CONSIDERATION OF A RESOLUTION AWARDING A CONSTRUCTION

CONTRACT FOR THE PROJECT TO THE LOWEST RESPONSIVE AND RESPONSIBLE

BIDDER, APPROVING SUPPLEMENTAL APPROPRIATIONS FROM THE STORM DRAIN

FUND DEPRECIATION RESERVE, THE SEWER FUND CONNECTION FEE RESERVE AND

THE SEWER FUND DEPRECIATION RESERVE, AND AUTHORIZING THE CITY MANAGER TO..body EXECUTE THE CONSTRUCTION CONTRACT
Fiscal Impact:

The consideration of the bid protest will affect the fiscal impact on the project. The current low bidder is not the protestor and if the protest is ratified by the City Council, the next lowest qualified bidder, who is also the protestor, would be awarded the contract at a higher estimated cost.

If the bid protest is granted, the total estimated construction cost for the Cyprus Shore Grading, Storm Drain and Sewer Improvements project would be $6,512,472, funded from the Storm Drain ($1,873,399) and Sewer ($4,639,073) Funds. If the bid protest is denied, the lower bid estimate of $5,428,125, would be funded from the Storm Drain ($1,513,679) and Sewer ($3,914,446) Funds.

Regardless of the outcome of the bid protest hearing, supplemental appropriations will be needed. If the bid protest is granted, the following supplemental appropriations would be needed:

1. $1,095,199 from the Storm Drain Fund Depreciation Reserve into Account No. 059-553- 45300-000-12004;

2. $300,000 from the Sewer Fund Connection Fee Reserve;

3. $3,044,284 from the Sewer Fund Depreciation Reserve into Account No. 054-477-45300-000- 12210.

If the bid protest is denied, the following supplemental appropriations would be needed:

1. $735,479 from the Storm Drain Fund Depreciation Reserve into Account No. 059-553-45300- 000-12004;

2. $300,000 from the Sewer Fund Connection Fee Reserve; and

3. $2,319,657 from the Sewer Fund Depreciation Reserve into Account No. 054-477-45300-000- 12210.
32 Meeting Date: May 21, 2024 Agenda Item: 8C.

CITY OF SAN CLEMENTE 2
Summary:

The existing Cyprus Shore sewer lift station and storm drain system were compromised due to coastal bluff movement at Cyprus Shore development beginning in fall 2021. Both systems are currently operating on a temporary basis with an above ground structure and utilizing surface water flow through the park for the storm drain system. Rehabilitation and replacements are needed to continue service to the area and minimize disruption to the community.

The landslide area impacting City facilities was stabilized by the Orange County Transportation Authority (OCTA) and the City received a Coastal Development Permit to construct the following:
replacement of a portion of the storm drain system, replacement of the sewer force main, modifications to the gravity sewer pipeline, construction of a new submersible sewer lift station, removal and replacement of existing asphalt pavement (A.C.), curb and gutters, sidewalks, and construction of new concrete junction structures and six catch basins. The City formally bid the project to obtain the lowest competitive price.

The City has received a protest in relation to the project bids. The protest is presented to the City Council who will determine whether to grant or deny the protest. If the protest is granted, the protestor will become the lowest responsive bidder, but if the protest is denied, the lowest responsive bidder is the bid under protest. The project is located within the Cyprus Shore HOA, as shown below:

Background:

The Project:

In the fall of 2021, coastal bluff movement compromised the existing sewer lift station and storm drain system. On September 20, 2021, City staff installed a temporary emergency sewer bypass pump system adjacent to the Cyprus Shore Clubhouse near the intersection of Calle Ariana and Avenue de las Palmeras to prevent and mitigate impairment to property and public services.

In the fall of 2023, City staff connected a temporary motor control center to operate the pump station in its existing location and eliminate the need for expensive pump watch. Additionally, a temporary above ground storm drain system was installed to direct storm flows through the homeowner association park. Both systems have functioned for the past few years, but are temporary and in need of replacement to minimize disruption to the community. 33 Meeting Date: May 21, 2024 Agenda Item: 8C.

CITY OF SAN CLEMENTE 3
The City considered several design alternatives, but decided to replace facilities relatively close to the existing infrastructure due to a slope stabilization project by the Orange County Transportation Authority (OCTA), which consisted of a series of tiebacks and grade beams. With the stabilization of the area, the City was able to change the project to be more comprehensive and the California Coastal Commission approved a Coastal Development Permit on February 9, 2024 to relocate the wet well away from the original landslide, grading for access to the existing electrical equipment building, and replacement of the storm drain and sewer forcemain.

AKM Consulting Engineers and Kreuzer Consulting Group designed and prepared a bid package to replace the sewer lift station and restore the storm drainage while enhancing the drainage system by installing new catch basins. The work to be performed includes constructing a new submersible sewer lift station in a 7-foot diameter, 28-foot deep circular wet well on Avenida de Las Palmera, just west of Calle Ariana, replacement of approximately 217 linear feet of storm drain pipeline within the existing alignment and easement, construction of approximately 168 feet of lateral storm drain pipelines with 6 catch basins, repair of the motor control center and access to the existing sewer lift station electrical room, replacement of approximately 1,100 feet of the existing 6-inch sewer force main pipe with a new 6-inch PVC pipe, minor surfacing and repairs to the vehicular access road, as well as removal of asphalt from the portions of the road that have dropped below grade and the planting of 2,071 square feet of native vegetation in its place. 34 Meeting Date: May 21, 2024 Agenda Item: 8C.

CITY OF SAN CLEMENTE 4
The Bids:

Staff notified local contractors and advertised the project for competitive bidding on PlanetBids website and in the San Clemente Times. Three bids were received on April 23, 2024, ranging from $4,145,075 to $5,227,738. The results are presented below.

Vendor Name City
Base Bid
Amount
Total Base Bid
& Alternate
Amount
GMZ Engineering Inc. Westlake Village, CA $4,095,075.00 $4,145,075.00 Kay Construction
Company, Inc. Santee, CA $4,899,837.00 $5,056,237.00
GCI Construction, Inc. San Clemente, CA $5,080,738.00 $5,227,738.00 The apparent lowest bid for the base bid amount is GMZ Engineering, Inc. of Westlake Village, California at $4,095,075. The City received one bid from a local contractor, GCI Construction, Inc., with a base bid in the amount of $5,080,738. According to the San Clemente Municipal Code section 3.40.030 (E) regarding the Local Vendor Preference for a sealed bid, the maximum preference amount is $150,000. Applying the maximum preference amount, GCI’s base bid is reduced by $150,000 to $4,930,738. Even with the local preference applied, the bidding position would not change.
35 Meeting Date: May 21, 2024 Agenda Item: 8C.

CITY OF SAN CLEMENTE 5
The Bid Protest:

Following the bid opening, the second lowest bidder, Kay Construction Company, Inc. submitted a bid protest letter (Attachment 3) regarding what staff would recommend is a minor irregularity in GMZ Engineering’s bid documents. Specifically, in the subcontractor listing submitted by GMZ Engineering, it identified that the following subcontractors would be doing the following percentages of the work:

Work to be
done by
Subcontractor
Subcontractor
Location of
Business
CSLB
Contractor
License No.

DIR
Registration
Number
% of the
Work
A/C Paving Hardy &
Harper, Inc.
32 Rancho
Circle Lake
Forest, CA
92630
215952 1000000076 100%
Coating National
Coating &
Lining
26713
Madison Ave.

Murrieta, CA
92562
886430 1000013795 100%
Electrical and
Controls
TESCO

CONTROLS
LLC
8440 Florin
Road
Sacramento,
CA 95828
1092377 1000942924 90%
Kay Construction Company protested on the grounds that GMZ Engineering’s bid was nonresponsive because it entered “100%” and “90%” on the above table in the bid forms for using subcontractors (i.e., Hardy & Harper, National Coasting & Lining and Tesco Controls) for the project, which totaled 290%, if added together.

To clarify this issue, GMZ Engineering submitted documentation (Attachment 4) demonstrating that the above subcontractors, while performing 100% or 90% of the specified subcontractor work (i.e., paving, coating and electrical and controls), will only perform a total of 20.07% of total work on the Base Bid, which is under the allowed 49%.

A city generally has the discretion to determine bid responsiveness and may either demand strict compliance with the bid specifications or can choose to waive a defect that is inconsequential or is an immaterial deviation. See Taylor Bus Serv., Inc. v. San Diego Bd. of Educ. (1987) 195 Cal.App.3d 1331, 1343. A bid defect cannot be considered inconsequential or immaterial if it gives the bidder an unfair competitive advantage or benefit over other bidders.

In this instance, staff believes the irregularity is an inconsequential and immaterial bid defect. The irregularity does not affect the amount of the bid, make the bid materially different than intended, or give GMZ Engineering an unfair competitive advantage or benefit over the other bidders.

Based on the bid specifications, staff estimated that the paving, coating and electrical and control subcontracting work was less than 49% and GMZ Engineering’s documentation confirms that, which makes GMZ Engineering’s bid responsive and binding. While the City Council has the discretion to demand strict compliance with the bid specifications and find GMZ Engineering’s bid non-responsive, that would not appear to be in the best interest of the City or the public in this case. Accordingly, staff recommends that the City Council waive strict compliance with the bid documents for this deviation, deny the bid protest and award the contract to GMZ Engineering. 36 Meeting Date: May 21, 2024 Agenda Item: 8C.

CITY OF SAN CLEMENTE 6
Contract Award:

As a public works project, the contract must be awarded to the lowest responsive and responsible bidder. If the City Council denies the bid protest, GMZ Engineering would be the lowest responsive and responsible bidder. If the City Council grants the bid protest, Kay Construction Company would be the lowest responsive and responsible bidder.

Staff recommends awarding the contract to GMZ Engineering, Inc. for the base bid and alternative amount to replace the storm drain outlet in OCTA’s right-of-way. The total estimated project construction cost, assuming GMZ Engineering is awarded the contract, is summarized below:

Construction Management and Inspection,
and Engineering support services $ 405,000
Soils Testing, Inspection and Monitoring 90,550
Construction Contract 4,145,075
Contingency (19%) 787,500
Total Estimated Construction Cost $5,428,125
The attached draft contract and Resolution are drafted assuming that the City Council determines that GMZ Engineering is the lowest responsive and responsible bidder. If the City Council decides not to waive the inconsequential, immaterial irregularity in GMZ Engineering’s bid, then the estimated project costs would increase by over $1 million and appropriate changes should be made to the draft contract and Resolution.

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.

The City Council will note that the draft construction contract (Attachment 2) proposes to award the entire scope of work to the lowest responsive and responsible bidder after the formal protest is decided. While a formal protest was not submitted regarding the above ground electrical work, questions were raised about whether it would be appropriate to subtract all of the above ground electrical work (some of which was partially modified via an addendum to the bid documents) and re-bid that portion of work.

Staff conducted an analysis of all the electrical work related to the motor control center and generator (i.e., all of the above ground electrical work, some of which was partially modified via an addendum) and the bids were competitive with the three contractor estimates finishing in the same bidding positions regardless of whether the electrical work is inclusive or bifurcated. Staff believes that it is in the City’s best interest to award the entire contract to one contractor to ensure that the contractor will be responsible for the entire scope of work and that complications that could arise out of tying the underground electrical work together with the above ground electrical work are avoided.

However, should the City Council decide that the partial modifications to some of the above ground electrical work via addendum, even with the time extension, was a bidding irregularity justifying re-bidding because it improperly gave a contractor a competitive advantage or benefit, 37 Meeting Date: May 21, 2024 Agenda Item: 8C.

CITY OF SAN CLEMENTE 7
staff should be directed to rebid that portion of the work accordingly. Since subtracting of the above ground electrical work does not impact any of the bidding positions of any of the bidders, the bulk of the construction contract can be awarded now either with or without the electrical panel work.

Regardless of the outcome, staff will return to the City Council to award a professional services contract for geotechnical consultant services needed for this project. The professional services agreement is going through a formal request for proposal process now, per City policy.

Council Options:
 Adopt Resolution No. 24-72 (Attachment 1), denying the bid protest, waiving strict compliance with the bid documents, awarding the contract for the Cyprus Shore Grading, Storm Drain and Sewer Lift Station Improvements to GMZ Engineering, Inc., and authorizing the City Manager to execute a construction contract in an amount of $4,145,075, plus a 19% project contingency of $787,500.
 Modify and adopt Resolution No. 24-72, granting the bid protest and awarding the contract to Kay Construction Company, Inc. in the amount of $5,056,237, plus a 19% project contingency.  Make other modifications to and adopt Resolution No. 24-72.  Continue the item and direct staff to provide additional information.  Do not adopt Resolution No. 24-72 and put the project on hold.

Environmental Review/Analysis
This Project was previously determined to be exempt from the California Environmental Quality Act (CEQA) under Class 2 (Replacement or Reconstruction of Existing Structures and Facilities, 14 CCR section 15302) of the State CEQA Guidelines. A Notice of Exemption was filed with the County of Orange Recorder’s Office on October 19, 2023 for this Project. (See Attachment 5) Recommended Actions:

Staff recommends that the City Council:

1. Conduct a bid protest hearing, open the hearing, hear public testimony and comments, including any evidence and argument presented by the bidders, and close the hearing.

AND adopt Resolution No. 24-72, which will:
..recommendation

CITY OF SAN CLEMENTE 8

4. Authorize the City Manager to execute a construction contract with GMZ Engineering, Inc. in an amount of $4,145,075, in a form substantially similar to Contract No. C24-23 (Attachment 2);

5. Approve a 19% project contingency of $787,500; and

6. Approve a supplemental appropriation in the amount of $735,479 to account #059-553-45300- 000-12004 from the Storm Drain Fund Depreciation Reserve and a supplementation appropriation of $2,619,657 to account #054-477-45300-000-12210 with $300,000 from the Sewer Fund Connection Fee Reserve and $2,319,657 from the Sewer Fund Depreciation Reserve.

7. ..recommendation
..endAttachment:

1. Resolution No. 24-72

2. Construction Contract with GMZ Engineering, Inc.

3. Protest Letter from Kay Construction

4. Letter from GMZ Engineering, Inc.

5. Notice of Exemption
Notification:

All bidders
39 Attachment 1
4882-9904-3949 v1
RESOLUTION NO. 24-72

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF SAN CLEMENTE, CALIFORNIA, AWARDING A

CONSTRUCTION CONTRACT FOR THE PROJECT TO

THE LOWEST RESPONSIVE AND RESPONSIBLE

BIDDER, APPROVING SUPPLEMENTAL

APPROPRIATIONS FROM THE STORM DRAIN FUND

DEPRECIATION RESERVE, THE SEWER FUND

CONNECTION FEE RESERVE AND THE SEWER

FUND DEPRECIATION RESERVE, AND

AUTHORIZING THE CITY MANAGER TO EXECUTE

THE CONSTRUCTION CONTRACT
WHEREAS, the existing sewer lift station and storm drain system have been compromised due to the coastal bluff movement at Cyprus Shore beginning in fall 2021 and are in need of repairs to continue providing services; and WHEREAS, on September 20, 2021, City staff installed a temporary emergency sewer bypass pump system adjacent to the Cyprus Shore Clubhouse near the intersection of Calle Ariana and Avenue de las Palmeras to prevent and mitigate impairment to property and public services; and WHEREAS, in the fall of 2023, City staff connected a temporary motor control center to operate the pump station in its existing location and eliminate the need for expensive pump watch. Additionally, a temporary above ground storm drain system was installed to direct storm flows through the homeowner association park to minimize disruption to the community; and WHEREAS, the City considered several design alternatives, but decided to replace facilities relatively close to the existing infrastructure due to a slope stabilization project by the Orange County Transportation Authority (OCTA) consisting of a series of tiebacks and grade beams; and WHEREAS, with the stabilization of the area, the City changed the project to become more comprehensive and received approval for a Coastal Development Permit on February 9, 2024 to relocate the wet well away from the original landslide, grading for access to the existing electrical equipment building, and replacement of the storm drain and sewer forcemain; and WHEREAS, AKM Consulting Engineers and Kreuzer Consulting Group designed and prepared a bid package to replace the sewer lift station, restore the storm drainage while enhancing the drainage system by installing new catch basins; and
40 Resolution No. 24-72 Page 2
4882-9904-3949 v1
WHEREAS, the City conducted formal competitive bidding for the Cyprus Shore Grading, Storm Drain and Sewer Lift Station Improvements, Project Nos. 12004 & 12210 (Project); and
WHEREAS, on April 23, 2024, the city received three (3) bids ranging from $4,145,075 to $5,227,738 for the Project; and
WHEREAS, the lowest responsive and responsible bidder was GMZ Engineering, Inc. of Westlake Village, California, in the amount of $4,145,075, based on the low base bid and the alternate bid item; and WHEREAS, upon the bid opening, the second lowest bidder, Kay Construction Company, Inc. submitted a bid protest letter regarding a minor irregularity in GMZ Engineering’s bid documents; and
WHEREAS, there was a bid irregularity from GMZ Engineering, Inc., the contractor entered “100%” and “90%” on a table in the bid forms for using subcontractors (i.e., Hardy & Harper, National Coasting & Lining and Tesco Controls) for the project; and
WHEREAS, GMZ Engineering, Inc. has submitted documentation demonstrating that the subcontractors only perform a total of 20.07% of the Base Bid, under the allowed 49%, which could have been estimated based on the scope of work; and
WHEREAS, GMZ Engineering, Inc. was bound by the bid that it submitted; and
WHEREAS, a city generally has the discretion to determine bid responsiveness and may either demand strict compliance with the bid specifications or can choose to waive a defect that is inconsequential or is an immaterial deviation; and
WHEREAS, waiving strict compliance with the bid documents for this project is in the best interests of the City and the public and would not create a competitive advantage or benefit.

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 fully herein.
41 Resolution No. 24-72 Page 3
4882-9904-3949 v1
SECTION 2. That the City Council finds that the irregularity in GMZ Engineering’s bid is an inconsequential and immaterial bid defect. The irregularity did not affect the amount of the bid, make the bid materially different than intended, or give GMZ Engineering an unfair competitive advantage or benefit over the other bidders. Strict compliance with the bid documents for this deviation is hereby waived and the bid protest filed by Kay Construction Company, Inc. is hereby denied.

SECTION 3. That the City Council finds that GMZ Engineering, Inc. is the lowest responsive and responsible bidder, and the construction contract for the Cyprus Shore Grading, Storm Drain and Sewer Lift Station Improvements, Project No. 12004 & 12210, is hereby awarded to GMZ Engineering, Inc.

SECTION 4. That the City Manager is authorized and directed to execute a construction contract for the Cyprus Shore Grading, Storm Drain and Sewer Lift Station Improvements, CIP Project No. 12004 & 12210 with GMZ Engineering, Inc. in an amount of $4,145,075, in a form substantially similar to that presented to City Council on May 21, 2024.

SECTION 5. That a 19% project contingency of $787,500 for CIP Project No. 12004 & 12210 is hereby approved. The City Manager is authorized to utilize the project contingency to the extent necessary and proper.

SECTION 6. That a supplemental appropriation in the amount of $735,479 to account #059-553-45300-000-12004 from the Storm Drain Fund Depreciation Reserve and a supplementation appropriation of $2,619,657 to account #054-477- 45300-000-12210 with $300,000 from the Sewer Fund Connection Fee Reserve and $2,319,657 from the Sewer Fund Depreciation Reserve is hereby approved.

SECTION 7. 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 May, 2024.

ATTEST:
___________________________ __________________________
City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California
42 Resolution No. 24-72 Page 4
4882-9904-3949 v1

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 24-72 was adopted at a regular meeting of the City Council of the City of San Clemente held on the _______ day of May, 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 May, 2024. _______________________
CITY CLERK of the City of
San Clemente, California
Approved as to form:
___________________________
Elizabeth A. Mitchell, City Attorney
43 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 GMZ Engineering Inc., a California Corporation, located at 5655 Lindero Canyon Road, Westlake Village, CA 91362, 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:

CYPRUS SHORE GRADING, STORM DRAIN AND SEWER LIFT STATION

IMPROVEMENTS
PROJECT NOs. 12004 & 12210
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 120 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 four million one hundred forty-five thousand seventy-five dollars ($4,145,075). 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. This project includes a 19% contingency in the amount of seven hundred eighty-seven thousand five hundred dollars ($787,500) for unforeseen conditions. In no event shall approved additional work exceed such project contingency, nor shall the total amount of compensation for work performed under this Contract, including approved additional work, exceed four million nine hundred thirty-two thousand five hundred seventy-five dollars ($4,932,575).

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 $1000 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 44 55452.01510\32905704.2
2 APPENDIX 3

TECHNICAL SPECIFICATIONS
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:

Contract
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
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 of San Clemente Public Works Department or may be obtained online at http//www.dir.ca.gov/dlsr. and which must be posted at the job site.
45 55452.01510\32905704.2
3 APPENDIX 3

TECHNICAL SPECIFICATIONS
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be duly executed effective 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
GMZ ENGINEERING, INC.
(“CONTRACTOR”)
By:_____________________________
Ghazi Mahmoud Mubarak, CEO, CFO
and Secretary
Dated: __________________, 2024

END OF CONTRACT
46 Kay Construction Company, Inc.
9302 Carlton Hills Blvd., Santee, CA 92071 (619) 317-1364 CSLB 648223 A & B DIR #1000845265
April 26, 2024

NOTIFICATION OF BID PROTEST SENT VIA EMAIL
City of San Clemente [email protected]
Public Works Office
910 Calle Negocio, Suite 100
San Clemente, CA 92673
Attn: Amir K. Ilkhanipour
Re: CYPRUS SHORE GRADING, STORM DRAIN AND SEWER LIFT STATION IMPROVEMENTS, PNs 12004 & 12210
Bid Date: April 23rd, 2024
Dear Amir,
This letter is being provided according to Section 00200 Instruction to Bidders Item 20. FILING OF BID PROTESTS.

On Tuesday, April 23rd, 2024, at 2:00 pm, the City received (3) three bids for the referenced Project through the City’s Planet Bid Portal.

Please see the attached Subcontractor Listing provided by GMZ Engineering, Inc.

GMZ designated Tesco Controls LLC as the subcontractor performing the electrical and controls portion of the work.

Tesco Controls LLC does not perform installation, they are a supplier of electrical equipment and perform only start-up procedures.

In addition, GMZ designated a total of 290% of the work to be performed by subcontractors.

Attachment 3
47 April 26, 2024

NOTIFICATION OF BID PROTEST
2 | P a g e
According to SECTION 00200 INSTRUCTIONS TO BIDDERS – DESIGNATION OF SUBCONTRACTORS:

Pursuant to State law, the Bidders must designate the name, license number, and location of each Subcontractor who will perform work or render services for the Bidder in an amount that exceeds one-half of one percent (1/2%) of the Bidder’s Total Bid Price, or $10,000 if the work involves streets or highways, whichever is greater as well as the portion of work each such subcontractor will perform on the form provided herein by City. No additional time will be provided to bidders to submit any of the requested information in the Designation of Subcontractor form. The successful bidder will be required to self-perform at least over 50% of the work.

The bid submitted by GMZ Engineering Inc. does not accurately designate each subcontractor who will perform work and designates work to be performed by subcontractors in excess of 50% of the work.

We request a review of the bids and a determination that the bid submitted by GMZ Engineering Inc. is non-responsive.

We appreciate the opportunity to participate in this bid process and look forward to the City’s review of our protest.

Respectfully,
KAY CONSTRUCTION COMPANY, INC.

Signed under penalty of perjury under the laws of the State of California Jon Kay,
President
Enclosures
Cc: Ghazi Mubarek, GMZ Engineering, Inc.
48 49
50 51
GMZ Engineering, Inc.

License# 967627
30 April 2024
City of San Clemente
Public Works Office
910 Calle Negocio, Suite I 00
San Clemente, CA 92673
ATTN: Amir K. llkhanipour
RE: CYPRUS SHORE GRADING, STORM DRAIN AND SEWER LIFT STATION IlVfPROVEMENTS; PN'S 12044 & 12210
Bid Date: 23 April 2024
SU: GMZ ENGINEERING, INC.S

RESPONSE OF BID PROTEST
Dear Amir,
This letter acts as GMZ Engineering, Inc. 's response to KAY Construction's protest, dated 26 April 2024, of our bid for the Cyprus Shore Grading, Stonn Drain and Sewer Lift Station Project.

To our understanding, Kay Constrnction submitted two (2) complaints regarding our bid submission:

1. TESCO Cont:rol 's role on the project.

2. That our designation of "work to be performed by subcontractors" is 290%, and therefore exceeds California State Law requiring 50% self-performance by the successful bi.dder.

GMZ Engineering, Inc. strongly refutes these claims, and offers the following rationalization:
l. GMZ Engineering, Inc. listed TESCO Controls for the Control and Electrical Equipment amounting to $652,175.00 (This quote will be attached as Exhibit A). Their scope only pertains to the electrical equipment and their control.

TESCO's role wil1 consist of 90% of this task and GMZ Engineering, Inc. wil1 selfperform approximately 10% of this portion of the ,\'·ork by installing the equipment furnished by TESCO.

P) 818-699-6440 • F) 818-699-6475 • 5655 Lindero Canyon Road, #430, Wesrlake Village, CA 91362 • www.gmzengineering.com Attachment 4
52 GMZ Engineering, Inc.

License # 967627

2. GMZ Engineering, lnc. Listed three subcontractors, per the bid sheet, for a Subcontractor amount totaling $822,015.00 (These quotes will be attached as Exhibit B):
a. Hardy & Harper - $ 144,942.00
b. National Coating & Lining - $24,897.00
c. TESCO Controls - $652,175.00
It was to our understanding that the 100% designated under the"% of the work" box was per the "work to be done by the subcontractor", i.e. A/C Paving, Coating, ect., and clearly not the percentage of the overall project. As plainly demonstrated by the inclusion of the quotes, the total amount of work to be completed by subcontractors, $822,015.00, is less than 25% of our overall bid of $4,095,075.00.

GMZ Engineering, Inc. will therefore be self-performing over 75% of the project scope, which is well above the CaJifornia State mandate.

In conclusion all arguments presented by K.A.Y Construction are invalid; GMZ Engineering, Inc. is responsive and the responsible low bidder on this project.

We request the City of San Clemente to disregard their protest, and award the Cyprus Shore contract to GMZ Engineering, Inc. Thank you for the opportunity to bid on this project and respond to this protest.

Respectfully,
Ghazi
�
Mubarak
President/ CEO
P) 818-699-6440 • F) 818-699-6475 • 5655 Lindero Canyon Road, #430, Westlake Village, CA 91362 • www.gmzengineering.com53 EXHIBIT “A”

TESCO CONTROLS QUOTE
54 Corporate Office
8440 Florin Road, Sacramento, CA 95828
P.O. Box 299007, Sacramento, CA 95829
PH: 916.395.8800 FX: 916.429.2817
File Ref. 24D035Q01 Page | 1 of 6
To: Bidding Contractors Quote Date: 4/23/2024
Attn: Estimators Quote No.: 24D035Q01
Re: City of San Clemente
Cypress Shore Grading Storm Drain & Sewer Lift Station Improvements Bid Date: 4/23/2024
Dear Customer:

Thank you for your continued interest in TESCO products, services, and solutions. We are pleased to quote the following scope of work pertaining to the above-referenced project. Only the materials/services listed in the below scope are quoted in general conformance with the requirements of the applicable portions of plans and specs attached to Addendum No 1 dated 4/2/2024.

Scope of Work
Item Qty Description

MATERIALS PROVIDED DWG/SPEC
1 1 SDG&E Main Switchboard ‘MSB’ to include:
 Freestanding NEMA 3R Enclosures (3 Section), 316 Stainless Steel  Total Estimated Dimensions (Dimensions subject to change during submittal process)
 90”H x 70”W x 20”D
 Provisions for 200A Utility Metering (480V, 3PH)
 200A LSIG Main Disconnect
 (2) 100A Main Circuit Breakers
 100A Automatic Transfer Switch ‘ATS’
 Surge Protection Device ‘SPD’
 AB Power Monitor
 Intrusion Switches
 Terminal Blocks, Fuses, Relays and Nameplates as required SS-9
16460
2 1 Pump Station Electrical Panel ‘MCC’ to include:
 Freestanding NEMA 12 Enclosure (3 Section), 316 Stainless Steel  Total Estimated Dimensions (Dimensions subject to change during submittal process)
 90”H x 62”W x 20”D
 Louvered Exhaust Vent
 Filtered Louver Intake Vent
 Power Monitor w/ Display (Allen Bradley)
 One (1) 40A Circuit Breaker
 Two (2) 50A LSIG Circuit Breakers
 15KVA 480V-120V 1PH transformer
 GFCI Convenience Receptacle
 Two (2) Solid State Motor Controllers
 Two (2) 30HP Solid State Reduced Voltage Starters ‘SSRV’ – SSMC 1 & SSMC 2 w/ Overload Relays, Mechanical Interlock, and Over the Line Bypass
SS-9
16920
55 Quotation TESCO CONTROLS
File Ref. 24D035Q01 Page | 2 of 6
Item Qty Description
Pump Station Electrical Panel ‘MCC’ continued:
 Controls to include:
 HOA Switches
 Pushbuttons
 Indicating Lights
 Time Delay Relay
 Elapsed Time Meter Panelboard ‘LP-A’ & Associated Breakers  Intrusion Switches
 Panel Lights w/ Switches
 Panel Heaters w/ Thermostats
 Panel Fan Kits w/ Louvers
 Terminal Blocks, Relays, Fuses & nameplates as required 3 1 SCADA Panel to include:
 Freestanding NEMA 3R Enclosure, 316 Stainless Steel
 Total Estimated Dimensions (Dimensions subject to change during submittal process)
 72”H x 36”W x 24”D
 Louvered Exhaust Vent w/ Hood
 Filtered Louver Intake Vent w/ Hood
 900 MH Radio (GE Orbit)
 Cellular Antenna Top Mounted
 Lightning Arrestor
 24VDC Power Supply
 24VDC Redundant Module
 Cellular Router
 15” Operator Interface Terminal
 Primary & Secondary Level Controllers
 Flow Meter Remote Transceiver
 20A Surge/Line Filter
 1500W UPS
 Programmable Logic Controller ‘PLC’ (Allen Bradley)
 Ethernet Switch (Allen Bradley)
 Operator Interface Terminal ‘OIT’ (Allen Bradley)
 I/O Modules
 (16) Digital Outputs
 (64) Digital Inputs
 (8) Analog Inputs
 (4) Analog Outputs
 Panel Exhaust Fans
 Panel Lights & Switches
 Duplex Receptacle
 Terminal Blocks, Fuses, and Nameplates as required
SS-14
17000
4 1 ATI Generator Connection
 NEMA 3R, 316 SS
SS-9
16400
5 1 Manual Transfer Switch
 NEMA 12, 316 SS
 3 Position
SS-9
16401
6 1 Roof Mounted Cellular Antenna SS-1
56 Quotation TESCO CONTROLS
File Ref. 24D035Q01 Page | 3 of 6
Item Qty Description
7 1 6” Magnetic Flow Meter:
 FIT-1
SS-4
15050
8 1 Pressure Transmitter:
 PIT-1

15050
9 2 Ultrasonic Level Transmitter
 ULT-1
 UTL-2
16000
10 2 Vault Intrusion Switch:
 ZS-1
 ZS-2
17000
11 9 MCC Intrusion Switch:
 ZS-3
 ZS-4
 ZS-5
 ZS-6
 ZS-7
 ZS-8
 ZS-9
 ZS-10
 ZS-11
 ZS-12
17000
12 2 Vault Float Switch:
 LSH-1
 LSH-2
SS-4
16000
13 2 Pump Low Float Switch:
 LSL-1
 LSL-2
SS-4
16000
14 2 Pump Emergency High Float Switch:
 LSH-11
 LSH-21
SS-4
16000
15 Lot MCC Spare Parts:
 Two (2) fuses of each size and type
 One (1) auxiliary relay
 One (1) control transformer
 Twelve (12) indicating lamps
 Two (2) contactors of each size used
 Two (2) overload relays of each size used 16920
57 Quotation TESCO CONTROLS
File Ref. 24D035Q01 Page | 4 of 6
Item Qty Description
16 Lot Professional Services:
 Project Management
 Engineering – engineered shop drawings, equipment schematics, engineered submittals, technical data, as-built documentation, project records, O&M Manuals, Arch Flash Hazard Study, and seismic calculations
 Manufacturing Services – fabrication, manufacturing, assembly, equipment wiring, and factory testing
 PLC Programming
 OIT Programming
 SCADA - Integration into City’s (E) SCADA system
 Product Startup Services – product quality review, verification of product installation, product parameter adjustments, product programming, software upload/download as required, product function check tests, and product startup of TESCO equipment only  24 Hours Onsite Training (Spec 17000) 17000
TOTAL (including applicable sales tax):

Bid Item E6 – Furnish Mag Flow Meter:

Bid Item E16 – Furnish Switchgear:

Bid Item E17 – Furnish MCC:

Bid Item E20 – Furnish Instrumentation:

Bid Item E22 – Coordination & Arch Flash Study:

Bid Item E24 – PLC Programming, SCADA Integration & Start Up:

Bid Item E25 – Start Up Services & Testing:

Bid Item E27 – O&M Manuals and City Staff Training:
$652,175.00
$10,665.30
$218,059.32
$211,328.30
$36,454.63
$22,041.31
$82,290.34
$32,521.00
$38,814.80
Billing Milestones
Project Stage: Progress Payment:

Project Initialization....................................................................................................................................10% Engineered Product Submittals Furnished................................................................................................. 15% Internal Factory Testing / Ready to Ship ....................................................................................................60% Deployment, Field Verification, & Startup ................................................................................................. 10% Project Closeout ...........................................................................................................................................5% Project Bid Clarifications
 NOTE: Startup services are included for TESCO provided equipment only, other equipment start up is by others
 Unless otherwise indicated by the Scope of Work above, quote is to furnish only and does not include any trade labor, trade work, construction work, site improvement, contractor services, or any trade installation services. Any trade labor and/or related trade work shall be performed by others/contractor.  Unless otherwise indicated by the Scope of Work above, the following is not included within this quotation:
 Onsite installation of supplied instruments/EQ listed above  Onsite installation of roof mounted Cellular Antenna
 Onsite installation of any float level switches, level transmitters and flow measuring devices 58 Quotation TESCO CONTROLS
File Ref. 24D035Q01 Page | 5 of 6
 Onsite installation of PLC panel, Power Distribution Panels, switchboard, Generator Receptacle, VFD’s or Metered Pedestals
 Onsite installation of 3 Position Switch or ATI Generator Docking Station  Supply or onsite installation of any pumps, motors, connection conduits and conductors  Conduit, field wire, tubing, or basic trade installation materials (brackets, screws, bolts, j-box, stanchions, pull-box, etc.)
 Instrumentation mounting components, brackets, stanchions, sunshields, etc.  Local control stations and/or field mounted disconnects.  Instrumentation, devices, components, or equipment not specifically identified in the above quotation.  Fiber optic patch panels, cable, splicing or terminations.  Networking infrastructure or architecture modifications to existing facilities.  Any 3rd party testing, harmonic testing/analysis, protective device coordination study, short-circuit analysis, or Arc-Flash Risk Assessment (AFRA) services.  Electrical interconnection diagrams for equipment not furnished by TESCO.  ISA process control loop diagrams.
 Signal loop diagrams for equipment not furnished by TESCO.

Terms and Conditions
 Addendums Acknowledged: 6
 Quote is firm for 30 days unless otherwise stated.
 Submittals:
 Product/Equipment Submittals: Initial equipment submittal(s) “schedule” to be provided approximately 06 weeks after receipt of purchase order or written notice of intent. Lead-time for this “schedule” may be subject to delays imposed by 3rd party submittal providers. Submittal “schedule” will list all project submittals and will indicate lead-times for each product/equipment submittal. Generation of submittal(s) may be subject to availability of specified material components; supply-chain constraints may impact material item selections, therefore, may impact submittal lead-times.  Information Submittals: Information Submittals are dependent on the approval of Product/Equipment Submittals. An updated Submittal Schedule will be provided after receiving approval of corresponding Product/Equipment Submittal showing schedule and lead-times for Information Submittals.  Submittals: Initial equipment submittal(s) to be provided approximately 16-20 weeks after receipt of purchase order or written notice of intent; however, generation of submittal(s) will be contingent on supply-chain availability and variability for material components which may impact material item selections affecting submittal lead-times, therefore lead-times are subject to change without notice.  Delivery: Initial shipment(s) anticipated to commence approximately 40-44 weeks minimum after Product/ Equipment Submittal approval; however, delivery schedule(s) will be contingent on supply-chain availability and variability for material component selections, therefore, lead-times are subject to change. Delivery schedules will be confirmed and provided after receiving Product/Equipment Submittals approval.  Lead-Time & Supply Chain Impacts: Due to the supply chain impacts imposed by the pandemic, all quoted lead-times are subject to change.
 Storage Terms: Any item of the product on which shipment is delayed by Buyer may be placed in storage by Seller at Buyer’s expense and risk. If a delay in shipment is requested by Buyer after an order has been entered and accepted:
 a. No charge will be made if the request for delay is made more than six (6) weeks before acknowledged shipping date and the requested delay is for a period not in excess of thirty (30) days.  b. A charge will be made if the requested delay exceeds a period of thirty (30) days or if the request is made within six (6) weeks of the acknowledged shipping date. Seller will advise Buyer of the charge within ten (10) days of receiving Buyer’s request for delay.
 c. If the product is within six (6) weeks of the acknowledged shipping date, then Seller has the option of completing, invoicing and storing the product and charging one and one-half percent (1.5%) per month, or 59 Quotation TESCO CONTROLS
File Ref. 24D035Q01 Page | 6 of 6
the maximum percentage permitted by law, whichever is lesser, of the established price for such product, plus storage cost.
 TESCO price is Ex Works (EXW) per INCOTERMS, freight allowed.  Product startup will commence once the product is properly installed and powered up. If buyer requests or schedules product startup and seller is unable to conduct startup due to product not being properly installed, powered, or ready for startup (including being put into full service or full operation), then a fee of $1500 will be charged to buyer to remobilize seller for product startup.  TESCO carries liability insurance, with full worker's compensation coverage.  TESCO warranties against defect in design workmanship and materials for a period of one year from date of product startup, and does not exceed 18 months from the date of shipment from the factory.  Unless otherwise stated above, price does not include any sales tax, use tax, or applicable fees; please apply any taxes and/or fees as appropriate. Please note that all invoices will include sales tax where applicable.  Invoices will be billed in accordance with a customer-approved schedule of values and customer-approved pay application.
 Terms are net 45 days on approved credit. Shipment release requires the following:
 Accounts with sub-par credit will require 50% down-payment upon order and 50% payment at pickup (prior to shipment).
 Accounts with approved credit, all milestone progress payments must be current for releasing shipment or deploying services.
 Interest will be applied to all past due invoices. Buyer shall pay to Seller all invoiced amount within forty-five (45) calendar days from the date of such invoice. Flow-down provisions are not accepted. In the event any payment becomes past due, Buyer shall pay interest on all late payments, calculated daily and compounded monthly at the rate of 1.5% per month. Buyer shall also reimburse Seller for all reasonable costs incurred by Seller in collecting any late payments, including attorneys' fees and court costs.  Price Escalation: If between the proposal date and actual procurement and through no fault of the Seller, the relevant cost of labor, material, freight, tariffs, and other Seller costs combined relating to the contract, increase by greater than 2.5% of the overall contract price, then the contract price shall be subject to escalation and increased. Such increase shall be verified by documentation and the amount of contract price escalation shall be calculated as either the actual increased cost to the Seller or, if agreed by the Parties, the equivalent increase of a relevant industry recognized third-party index, and in both cases without any additional profit or margin being added.
 All merchandise sold is subject to lien laws.
 A processing fee of up to 4% will be added for credit card payments.  TESCO’s liabilities shall not exceed 10% of TESCO’s total order value.  Final retention to be paid within 10 days after the project notice of completion.

Please feel free to contact us at (916) 395-8800 to discuss any questions or comments you may have regarding this quotation.

Sincerely,

TESCO CONTROLS
Ted Reynolds
Sales Estimator II
[email protected]
60 EXHIBIT “B”
SUBCONTRACTORS’ QUOTES
61 To: GENERAL CONTRACTOR Contact: ESTIMATING DEPT.

Project Name: CYPRUS SHORE GRADING, SD & SEWER LS IMPROVEMENTS Bid Number: 19-007148 Fax:

Address: ESTIMATING DEPARTMENT Phone:

Project Location: CITY OF SAN CLEMENTE Bid Date: 4/23/2024 Item # Item Description Estimated Quantity Unit Unit Price Total Price 23 ASPHALT CONCRETE 870.00 TON $166.60 $144,942.00
Total Bid Price: $144,942.00
Notes:
• INCLUSIONS:
• LABOR, EQUIPMENT & MATERIAL
• PRICE INCLUDES TWO (2) MOBILIZATIONS / TWO (2) SHIFTS - $15,500.00 FOR EACH ADDITIONAL MOBILIZATION AND OR SHIFT • PRICE BASED ON MINIMUM 8 HR SHIFTS
• PROPOSAL PRICES GOOD FOR 30 DAYS WITH SIGNED QUOTE OR LOI - PRICE GOOD THROUGH 12/30/2024 - PRICES SUBJECT TO INCREASE

AFTER EXPIRATION DATE
• GRADES TO BE ASPHALT READY
• SURVEYING, ENGINEERING AND STAKING BY OTHERS. ALL FINISHED FILLS, INCLUDING FILLS AT GRADE BREAKS TO BE PAINTED ON THE GRADE / PAVEMENT BY PRIME CONTRACTOR AT 25' STATIONS AT NO COST TO HARDY & HARPER, INC. FILLS TO BE GIVEN PRIOR TO PAVING • PROPOSAL & ENTIRE CONTENTS SHALL BE INCORPORATED INTO SUBCONTRACT - MINIMUM 6 WEEKS NOTICE FOR ALL SCHEDULING • TRAFFIC CONTROL PER WATCH MANUAL
• EXCLUSIONS:
• QCQA, ARHM, ENGINEERING, PERMITS, BONDS, FEES, INSPECTION FEES, SWPPP, LAYOUT, SURVEY, GRADE CHECKER, OIL INDEX • TEMP AC, TRENCH/SLOT PAVING, MEDIAN PAVING, SAWCUT, CRACKFILL, WEEDKILL, FOG SEAL, PRIME COAT, SLURRY, SEAL COAT • COLDMILL, INERTIAL PROFILE, MUST GRINDS, PROFILOGRAPH, PRE-PAVE IRI & GRINDING, CLEAN EXISTING AC, STEEL PLATES • IMPORT/EXPORT, SUBGRADE PREP & REMOVAL/COMPACTION, GRADING, FINE GRADING, PCC BACKFILL, REDWOOD HEADER • PROTECTION / LOCATING OF EXST. UTILITIES, UTILITY ADJUSTMENTS, SPEED BUMPS, POSTING, NOTIFICATIONS, NIGHTS/WEEKENDS • DRAINAGE REQUIREMENTS W/ LESS THAN 2% FALL, T/C PLANS, ARROW BOARDS, CMS BOARD, DETOURS, ROOT PRUNE/REMOVAL • FABRIC & PLACEMENT, FABRIC REMOVALS / DISPOSAL, STRIPING, TEMP STRIPING & TABS, PROTECTION OF WORK AFTER SHIFT • HAZARDOUS WASTE, WEATHER DELAYS, TEMPERATURE DELAYS, WATER & SOURCE, OPERATED WATER TRUCK / BUGGY, LIGHTS • LIQUIDATED DAMAGES NOT DUE TO OUR OPERATION. THIS INCLUDES DAMAGES FOR LATE OPENINGS. TRAINING & FEES • SAFETY TRAINING, TWIC, BADGING COST, SANDBLASTING, STRIPING REMOVALS, AS BUILDS, EXCLUDES ANYTHING NOT LISTED AS INCLUDED • IN NO EVENT SHALL HARDY & HARPER, INC. BE RESPONSIBLE OR LIABLE FOR ANY FAILURE OR DELAY IN THE PERFORMANCE OF ITS

OBLIGATIONS HEREUNDER ARISING OUT OF OR CAUSED BY, DIRECTLY OR INDIRECTLY, FORCES BEYOND ITS CONTROL, INCLUDING,

WITHOUT LIMITATION, STRIKES, WORK STOPPAGES, ACCIDENTS, ACTS OF WAR OR TERRORISM, CIVIL OR MILITARY DISTURBANCES,

NUCLEAR OR NATURAL CATASTROPHES, PANDEMICS OR ACTS OF GOD, AND INTERRUPTIONS, LOSS OR MALFUNCTIONS OF UTILITIES, COMMUNICATIONS OR COMPUTER (SOFTWARE AND HARDWARE) SERVICES, UNFORESEEN COST ESCALATION. HARDY & HARPER, INC. SHALL

USE REASONABLE EFFORTS CONSISTENT WITH ACCEPTED PRACTICES IN THE INDUSTRY TO RESUME PERFORMANCE AS SOON AS PRACTICABLE.

ACCEPTED:

The above prices, specifications and conditions are satisfactory and are hereby accepted.

Buyer:

Signature:

Date of Acceptance:

CONFIRMED:

Hardy & Harper, Inc.

Authorized Signature:

Estimator: Tanner Hambright
714.412.1335 [email protected]

Page 1 of 1 ends

62 NCL - CA License No. 886430 A, C-33 (Exp. 10/31/2024) | NV License No. 73374 C-4 DIR Registration #1000013795

NATIONAL COATING & LINING

BY BRANDSAFWAY
26713 Madison Ave
Murrieta, CA 92562
Telephone: (951) 471-3388
Fax: (951) 471-3779
www.nc-lc.com
April 23, 2024 DIR Registration #1000013795
To: Estimator
Quote No.: NCLC - 6996
Project: Cyprus Shore Grading, Storm Drain and Sewer Lift Station Improvements Project Ladies and Gentlemen:

We are pleased to submit our proposal to furnish all labor, materials, tools, equipment, taxes and our standard one million dollar single with two million dollar aggregate and a two million dollar umbrella insurance policy required to perform the work as noted herein.

Addendums: 1,2,3,4,5,6
Bid Scope:

A. Setup, Prepare and Application of Interior Coatings in New Lift Station.

B. This quote includes x 1 Mobilizations.

Bid Item: E1 ______________________________________________________________ $ 24,897.00 EXCLUSIONS:

1. Costs for Payment and Performance Bonds are excluded. If Bond is required Bond costs will be passed on to the Contractor at cost.

Bond rate not to Exceed 2%. If project exceeds more than one year there will be a 1% surcharge added to the bond cost. Bonding is based upon available bonding capacity. Bonding availability is based upon the surety approval of the terms and conditions of the subcontract agreement and payment and performance bond forms in said subcontract agreement.

2. Providing dehumidification/heating or other controls for the environment to perform painting or surface preparation work.

3. Rebar, crack or concrete repair, masonry repair.

4. Any repairs required to be completed on items damaged by others.

5. All disassembly and reassembling of items to be removed for painting and coating to be performed by others.

6. All new ferrous metals are to be properly shop prepared and primed by others (by your fabricator) and within recoat window.

7. Coating for equipment, HVAC, or electric.

8. Testing, removal or disposal of hazardous materials, scaffolding for access or 3rd- party inspectiors.

9. Touch-up painting of factory finished items or coating for prepackaged equipment, hydropnumatic surge tanks.

10. Floor sealer, coating for non-ferrous metals, vault coatings, galvanized items, dissimilar materials, precast structures, hatches, manholes, manhole lids or frames cementious slabs.

11. Stenciling, Pipe / Valve / Equipment Identification. Coating of pipe interior, buried or encased pipe.

12. Skids, fusion bonded epoxy, powder coat, galvanizing, wax, high temperature, grease, caulking, grout, or shop applied coatings.

13. Joint repairs and VOC testing and confined space controls and access.

14. Bypassing, water infiltration, nuisance water, cleaning of channels, bulkheads, rechanneling or testing for volatile organic compounds, disinfection.. Work associated with other contractors scope of work.

15. Abrasive blasting of steel, metals or concrete, removal of shop coatings. grinding of welds splatter.

16. Vault, wetwell or manhole exterior coatings, architectural coatings, FRP coatings or linings and panel drawings for plastic liner installation.

17. Builders risk, Explosion, Collapse and Underground Hazards (XCU), and Railroad insurance.

18. Force majeure clauses, rescue team or any and all third party inspection services.

19. Slab underlayment's, waterproofing membranes, drainage panals, protection board, trench or French drain systems.

20. Traffic control. Safety or traffic markings, and containment systems.

21. Sanding of gypsum walls to provide a prepared surface for coating applications.

22. Lifting or removal of pipe to access areas between pipe and stands or brackets for preparation and coatings.

23. Scaffolding. CMU coatings.
63 NCL - CA License No. 886430 A, C-33 (Exp. 10/31/2024) | NV License No. 73374 C-4 DIR Registration #1000013795

NATIONAL COATING & LINING

BY BRANDSAFWAY
26713 Madison Ave
Murrieta, CA 92562
Telephone: (951) 471-3388
Fax: (951) 471-3779
www.nc-lc.com
COMMENTS AND NOTATIONS:

1. Payment terms Net 30 days based on progress billings from the date of our invoice.

2. There is a 30 day pay or a late fee of 1 ½ percent per month interest charge will be applied to any overdue balance.

3. Areas scheduled to receive floor coating are to be free of other trades, stored materials or equipment.

4. Open-air surface preparation and painting practices are figured in our bid.

4. General contractor or owner to provide all necessary permits and fees.

5. One site mobilization and demobilization included. Site mobilization fee will be initially billed at no more than 5% of the total contract value.

6. This proposal is based on working straight time working hours. No overtime or premium time is included

7. General Contractor to release sufficient areas of work to facilitate estimated production rates.

8. General Contractor to provide electricity, clean water and sanitary facilities at no cost to NCLC.

9. Prior to commencement of work structures must be clean, dry and safely accessible. .

10. We offer our standard one year warranty; any extended warranty by specifications is between manufacture and owner.

11. Notice to proceed shall allow at least three weeks lead time.

12. Based on mutually agreeable contract terms and conditions.

13. Proposal valid for 120 days.

14. National Coating & Lining Company is SSPC QP-1, QP-2, QP-8 & QP-9 certified.

15. National Coating & Lining Company is a union contractor.

16. Delays caused by others that would cause a disruption of daily work by NCLC.

17. Additional mobilizations will be billed at $4,500.00. Standby time will be billed at $450.00 per Hour.

NOTE: All Exclutions are to be included in the contract unless specifically agreed upon in writing prior to any contract.

We hope that you find this proposal acceptable and we look forward in working with your company on this project.

Should you have any questions regarding this proposal, please do not hesitate to contact the undersigned.

Thank you,
NATIONAL COATING & LINING COMPANY AGREED AND ACCEPTED:

Signature: ___________________________________
Dan Markwell
Estimator Name/Title: __________________________________ Office: (951)290-5412
Cell: (619) 415-3963 Date: ___________________________
Fax: (951)471-3779
[email protected]
64 Corporate Office
8440 Florin Road, Sacramento, CA 95828
P.O. Box 299007, Sacramento, CA 95829
PH: 916.395.8800 FX: 916.429.2817
File Ref. 24D035Q01 Page | 1 of 6
To: Bidding Contractors Quote Date: 4/23/2024
Attn: Estimators Quote No.: 24D035Q01
Re: City of San Clemente
Cypress Shore Grading Storm Drain & Sewer Lift Station Improvements Bid Date: 4/23/2024
Dear Customer:

Scope of Work
Item Qty Description

MATERIALS PROVIDED DWG/SPEC
1 1 SDG&E Main Switchboard ‘MSB’ to include:
 Freestanding NEMA 3R Enclosures (3 Section), 316 Stainless Steel  Total Estimated Dimensions (Dimensions subject to change during submittal process)
 90”H x 70”W x 20”D
 Provisions for 200A Utility Metering (480V, 3PH)
 200A LSIG Main Disconnect
 (2) 100A Main Circuit Breakers
 100A Automatic Transfer Switch ‘ATS’
 Surge Protection Device ‘SPD’
 AB Power Monitor
 Intrusion Switches
 Terminal Blocks, Fuses, Relays and Nameplates as required SS-9
16460
2 1 Pump Station Electrical Panel ‘MCC’ to include:
 Freestanding NEMA 12 Enclosure (3 Section), 316 Stainless Steel  Total Estimated Dimensions (Dimensions subject to change during submittal process)
 90”H x 62”W x 20”D
 Louvered Exhaust Vent
 Filtered Louver Intake Vent
 Power Monitor w/ Display (Allen Bradley)
 One (1) 40A Circuit Breaker
 Two (2) 50A LSIG Circuit Breakers
 15KVA 480V-120V 1PH transformer
 GFCI Convenience Receptacle
 Two (2) Solid State Motor Controllers
 Two (2) 30HP Solid State Reduced Voltage Starters ‘SSRV’ – SSMC 1 & SSMC 2 w/ Overload Relays, Mechanical Interlock, and Over the Line Bypass
SS-9
16920
65 Quotation TESCO CONTROLS
File Ref. 24D035Q01 Page | 2 of 6
Item Qty Description
Pump Station Electrical Panel ‘MCC’ continued:
 Controls to include:
 HOA Switches
 Pushbuttons
 Indicating Lights
 Time Delay Relay
 Elapsed Time Meter Panelboard ‘LP-A’ & Associated Breakers  Intrusion Switches
 Panel Lights w/ Switches
 Panel Heaters w/ Thermostats
 Panel Fan Kits w/ Louvers
 Terminal Blocks, Relays, Fuses & nameplates as required 3 1 SCADA Panel to include:
 Freestanding NEMA 3R Enclosure, 316 Stainless Steel
 Total Estimated Dimensions (Dimensions subject to change during submittal process)
 72”H x 36”W x 24”D
 Louvered Exhaust Vent w/ Hood
 Filtered Louver Intake Vent w/ Hood
 900 MH Radio (GE Orbit)
 Cellular Antenna Top Mounted
 Lightning Arrestor
 24VDC Power Supply
 24VDC Redundant Module
 Cellular Router
 15” Operator Interface Terminal
 Primary & Secondary Level Controllers
 Flow Meter Remote Transceiver
 20A Surge/Line Filter
 1500W UPS
 Programmable Logic Controller ‘PLC’ (Allen Bradley)
 Ethernet Switch (Allen Bradley)
 Operator Interface Terminal ‘OIT’ (Allen Bradley)
 I/O Modules
 (16) Digital Outputs
 (64) Digital Inputs
 (8) Analog Inputs
 (4) Analog Outputs
 Panel Exhaust Fans
 Panel Lights & Switches
 Duplex Receptacle
 Terminal Blocks, Fuses, and Nameplates as required
SS-14
17000
4 1 ATI Generator Connection
 NEMA 3R, 316 SS
SS-9
16400
5 1 Manual Transfer Switch
 NEMA 12, 316 SS
 3 Position
SS-9
16401
6 1 Roof Mounted Cellular Antenna SS-1
66 Quotation TESCO CONTROLS
File Ref. 24D035Q01 Page | 3 of 6
Item Qty Description
7 1 6” Magnetic Flow Meter:
 FIT-1
SS-4
15050
8 1 Pressure Transmitter:
 PIT-1

15050
9 2 Ultrasonic Level Transmitter
 ULT-1
 UTL-2
16000
10 2 Vault Intrusion Switch:
 ZS-1
 ZS-2
17000
11 9 MCC Intrusion Switch:
 ZS-3
 ZS-4
 ZS-5
 ZS-6
 ZS-7
 ZS-8
 ZS-9
 ZS-10
 ZS-11
 ZS-12
17000
12 2 Vault Float Switch:
 LSH-1
 LSH-2
SS-4
16000
13 2 Pump Low Float Switch:
 LSL-1
 LSL-2
SS-4
16000
14 2 Pump Emergency High Float Switch:
 LSH-11
 LSH-21
SS-4
16000
15 Lot MCC Spare Parts:
 Two (2) fuses of each size and type
 One (1) auxiliary relay
 One (1) control transformer
 Twelve (12) indicating lamps
 Two (2) contactors of each size used
 Two (2) overload relays of each size used 16920
67 Quotation TESCO CONTROLS
File Ref. 24D035Q01 Page | 4 of 6
Item Qty Description
16 Lot Professional Services:
 Project Management
 Engineering – engineered shop drawings, equipment schematics, engineered submittals, technical data, as-built documentation, project records, O&M Manuals, Arch Flash Hazard Study, and seismic calculations
 Manufacturing Services – fabrication, manufacturing, assembly, equipment wiring, and factory testing
 PLC Programming
 OIT Programming
 SCADA - Integration into City’s (E) SCADA system
 Product Startup Services – product quality review, verification of product installation, product parameter adjustments, product programming, software upload/download as required, product function check tests, and product startup of TESCO equipment only  24 Hours Onsite Training (Spec 17000) 17000
TOTAL (including applicable sales tax):

Bid Item E6 – Furnish Mag Flow Meter:

Bid Item E16 – Furnish Switchgear:

Bid Item E17 – Furnish MCC:

Bid Item E20 – Furnish Instrumentation:

Bid Item E22 – Coordination & Arch Flash Study:

Bid Item E24 – PLC Programming, SCADA Integration & Start Up:

Bid Item E25 – Start Up Services & Testing:

Project Initialization....................................................................................................................................10% Engineered Product Submittals Furnished................................................................................................. 15% Internal Factory Testing / Ready to Ship ....................................................................................................60% Deployment, Field Verification, & Startup ................................................................................................. 10% Project Closeout ...........................................................................................................................................5% Project Bid Clarifications
 NOTE: Startup services are included for TESCO provided equipment only, other equipment start up is by others
 Unless otherwise indicated by the Scope of Work above, quote is to furnish only and does not include any trade labor, trade work, construction work, site improvement, contractor services, or any trade installation services. Any trade labor and/or related trade work shall be performed by others/contractor.  Unless otherwise indicated by the Scope of Work above, the following is not included within this quotation:
 Onsite installation of supplied instruments/EQ listed above  Onsite installation of roof mounted Cellular Antenna
 Onsite installation of any float level switches, level transmitters and flow measuring devices 68 Quotation TESCO CONTROLS
File Ref. 24D035Q01 Page | 5 of 6
 Onsite installation of PLC panel, Power Distribution Panels, switchboard, Generator Receptacle, VFD’s or Metered Pedestals
 Onsite installation of 3 Position Switch or ATI Generator Docking Station  Supply or onsite installation of any pumps, motors, connection conduits and conductors  Conduit, field wire, tubing, or basic trade installation materials (brackets, screws, bolts, j-box, stanchions, pull-box, etc.)
 Instrumentation mounting components, brackets, stanchions, sunshields, etc.  Local control stations and/or field mounted disconnects.  Instrumentation, devices, components, or equipment not specifically identified in the above quotation.  Fiber optic patch panels, cable, splicing or terminations.  Networking infrastructure or architecture modifications to existing facilities.  Any 3rd party testing, harmonic testing/analysis, protective device coordination study, short-circuit analysis, or Arc-Flash Risk Assessment (AFRA) services.  Electrical interconnection diagrams for equipment not furnished by TESCO.  ISA process control loop diagrams.
 Signal loop diagrams for equipment not furnished by TESCO.

Terms and Conditions
 Addendums Acknowledged: 6
 Quote is firm for 30 days unless otherwise stated.
 Submittals:
 Product/Equipment Submittals: Initial equipment submittal(s) “schedule” to be provided approximately 06 weeks after receipt of purchase order or written notice of intent. Lead-time for this “schedule” may be subject to delays imposed by 3rd party submittal providers. Submittal “schedule” will list all project submittals and will indicate lead-times for each product/equipment submittal. Generation of submittal(s) may be subject to availability of specified material components; supply-chain constraints may impact material item selections, therefore, may impact submittal lead-times.  Information Submittals: Information Submittals are dependent on the approval of Product/Equipment Submittals. An updated Submittal Schedule will be provided after receiving approval of corresponding Product/Equipment Submittal showing schedule and lead-times for Information Submittals.  Submittals: Initial equipment submittal(s) to be provided approximately 16-20 weeks after receipt of purchase order or written notice of intent; however, generation of submittal(s) will be contingent on supply-chain availability and variability for material components which may impact material item selections affecting submittal lead-times, therefore lead-times are subject to change without notice.  Delivery: Initial shipment(s) anticipated to commence approximately 40-44 weeks minimum after Product/ Equipment Submittal approval; however, delivery schedule(s) will be contingent on supply-chain availability and variability for material component selections, therefore, lead-times are subject to change. Delivery schedules will be confirmed and provided after receiving Product/Equipment Submittals approval.  Lead-Time & Supply Chain Impacts: Due to the supply chain impacts imposed by the pandemic, all quoted lead-times are subject to change.
 Storage Terms: Any item of the product on which shipment is delayed by Buyer may be placed in storage by Seller at Buyer’s expense and risk. If a delay in shipment is requested by Buyer after an order has been entered and accepted:
 a. No charge will be made if the request for delay is made more than six (6) weeks before acknowledged shipping date and the requested delay is for a period not in excess of thirty (30) days.  b. A charge will be made if the requested delay exceeds a period of thirty (30) days or if the request is made within six (6) weeks of the acknowledged shipping date. Seller will advise Buyer of the charge within ten (10) days of receiving Buyer’s request for delay.
 c. If the product is within six (6) weeks of the acknowledged shipping date, then Seller has the option of completing, invoicing and storing the product and charging one and one-half percent (1.5%) per month, or 69 Quotation TESCO CONTROLS
File Ref. 24D035Q01 Page | 6 of 6
the maximum percentage permitted by law, whichever is lesser, of the established price for such product, plus storage cost.
 TESCO price is Ex Works (EXW) per INCOTERMS, freight allowed.  Product startup will commence once the product is properly installed and powered up. If buyer requests or schedules product startup and seller is unable to conduct startup due to product not being properly installed, powered, or ready for startup (including being put into full service or full operation), then a fee of $1500 will be charged to buyer to remobilize seller for product startup.  TESCO carries liability insurance, with full worker's compensation coverage.  TESCO warranties against defect in design workmanship and materials for a period of one year from date of product startup, and does not exceed 18 months from the date of shipment from the factory.  Unless otherwise stated above, price does not include any sales tax, use tax, or applicable fees; please apply any taxes and/or fees as appropriate. Please note that all invoices will include sales tax where applicable.  Invoices will be billed in accordance with a customer-approved schedule of values and customer-approved pay application.
 Terms are net 45 days on approved credit. Shipment release requires the following:
 Accounts with sub-par credit will require 50% down-payment upon order and 50% payment at pickup (prior to shipment).
 Accounts with approved credit, all milestone progress payments must be current for releasing shipment or deploying services.
 Interest will be applied to all past due invoices. Buyer shall pay to Seller all invoiced amount within forty-five (45) calendar days from the date of such invoice. Flow-down provisions are not accepted. In the event any payment becomes past due, Buyer shall pay interest on all late payments, calculated daily and compounded monthly at the rate of 1.5% per month. Buyer shall also reimburse Seller for all reasonable costs incurred by Seller in collecting any late payments, including attorneys' fees and court costs.  Price Escalation: If between the proposal date and actual procurement and through no fault of the Seller, the relevant cost of labor, material, freight, tariffs, and other Seller costs combined relating to the contract, increase by greater than 2.5% of the overall contract price, then the contract price shall be subject to escalation and increased. Such increase shall be verified by documentation and the amount of contract price escalation shall be calculated as either the actual increased cost to the Seller or, if agreed by the Parties, the equivalent increase of a relevant industry recognized third-party index, and in both cases without any additional profit or margin being added.
 All merchandise sold is subject to lien laws.
 A processing fee of up to 4% will be added for credit card payments.  TESCO’s liabilities shall not exceed 10% of TESCO’s total order value.  Final retention to be paid within 10 days after the project notice of completion.

Please feel free to contact us at (916) 395-8800 to discuss any questions or comments you may have regarding this quotation.

Sincerely,

TESCO CONTROLS
Ted Reynolds
Sales Estimator II
[email protected]
70 ORANGE COUNTY

CLERK-RECORDER

CEQA FILING COVER SHEET
30- lOl2Ll 12023-0ql \
- Recorded in Officiai Records, Orange County
Hugh Nguyen, Clerk-Recorder
I IIIII I I IIIIII Ill llll lllll llll lllll llll lllll lllll llll lllll llll I l 111111 N ° FEE * $ R a a 1 4 6 1 9 3 o a $ *
202385000923 11: 18 am 10/24/23
477 Vitlndx Z01

0.00 50.00 0.00 0.00 0.00 0.00 0.00 0.00
Complete and atlach this form to each CEQA Notice filed with the County Clerk-Recorder

TYPE OR PRINT CLEARLY
Project Title

CYPRUS SHORE GRADING, STORM DRAIN AND SEWER STATION
IMPROVEMENTS, PROJECT NO. 12004 & 12210
Check Document being Filed:

Q Environmental Impact Report (EIR)
Q Mitigated Negative Declaration (MND) or Negative Declaration (ND) {!) Notice of Exemption (NOE)
Q Other (Please fill In type):

FILED
OCT 2 4 2023
ORAt{GE COUICTY CLERK-RECORDER DEPARTMENT
BY: C. C DEPUTY

FILED IN THE OFFICE OF THE ORANGE
COUNTY CLERK-RECORDER ON October24, 2023
Posted for� days

DEPUTY CARINA CORTES
Filing fees are due at the time a Notice of Determination/Exemption Is filed with our office.For more Information on flllng fees and No Effect Determinations, please refer to California Code of Regulations, Title 14, section 753,5.

Attachment 5
71 Notice of Exemption
To:

County Cl erk
County of _O_
r
a_n:::..ge __________
_
12 Civic Center Plaza, P.O. Box 238
Santa Ana, CA 92701
Form D
From: (Public Agency) City of San Clemente
Engineering Division, 910 Calle Negocio, Suite 100
San Clemente, CA. 92673; Attn: Belgin Cuhadaroglu
(Address)
Project Title: CYPRUS SHORE GRADING, STORM DRAIN AND SEWER STATION IMPROVEMENTS, PROJECT NO. 12004 & 12210 Project Location - Specific:

The coastal bluff movement beginning In fall 2021 Impacted City owned sewer lift station and storm drain system. The city will restore lhe damaged pipelines and Sewer Lift Station lo their original conditions. Project site is localed in City of San Clemente within the Cyprus Shore HOA, in the 'lidnity of Avenida De Las Paimera and Calle Ariana intersection.

Project Location - City: San -----------
Clemente Project Location - County: Orange
Description of Nature, Purpose and Beneficiaries of Project:

The existing sewer lift station and storm drain system have been compromised due to the coastal bluff movement at Cyprus Shore and need to be repaired to continue providing services. Work generally includes replacement of 216 llnear feet of 42-inch in kind, and 168 linear feet of new 24-inch storm drain pipe for laterals; construction of 6 new catch basins to reduce the ex isling surface ftows reaching !he impacted slope failure; construction of 1,100 linear feet of PVC sewer force main in-kind within Calle Ariana; replacing some existing sewer lift station components; construction of nine 30-inch diameter concrete caissons (40 feet long) for local stability. Work also includes limited grading, and construction of curb and gutter and asphalt paving. This work does not propose a land use change.

Name of Public Agency Approving Projec t:

Name of Person or Agency Carrying Out Project:

Exempt Status: (check one)
D Ministerial (Sec. 21080(b)(l); 15268);
City of San Clemente
City of San Clemente
D Declared Emergency (Sec. 2l080(b)(3); 15269(a));
D Emergency Project (Sec. 21080(b)(4); 15269(b)(c));
FILED
OCT 2 4 2023
ORANGE comnv CLERl:-RECORDErt 0EPA.'IT.MEHT
By :. _________ .......)DS:IJT'f c.c
IKJ Categorical Exemption. State type and section number: _ S
_
e_
c_
ti_
on_1_
53 _
0 _

2..:.
,
_
C_
la
_
s_
s_
2 ____________ _
D Statutory Exemptions. State code number: -------------------------- Reasons why project is exempt:

Consistent with Section 15302, the proposed project will replace and reconstruct existing sewer lift station, existing sewer force main, and existing damaged storm drain in the Cyprus Shore community area, in the vicinity of Avenida de Las Palrnera and Calle Ariana intersection.

Lead Agency ��=�
ro,19 1 ')C-1 C-1 ')Q
.P-onta
'Cti3ersnn�'
. _....,Q""'avJd-Ueber:isdo..,_��----ea-€odeff-el-ephone/Ext-ension·. �\=r:':':=�-�)_\)j,!��=-=l,LJ_\;1�=:::::::�:::::=-------' If filed by applicant:
l. Attach certified document of exemption finding.

2. Has a Notice of Exemption be filed by the public agency approving the project? Date: 10/19/2023
�Yes 0No
Title: Public Works Director
j(l Si Date received for filing at OPR: __________ _
jiCI Signed by Applicant Revised 2005
2&
72 910 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: May 21, 2024 Agenda Item: (1)
73 CITY OF SAN CLEMENTE
Tuesday, May 7, 2024
City Council
Regular Meeting Minutes
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Council Chambers
5:00 p.m. - Closed Session
6:00 p.m. - Business Meeting
Mayor Cabral
Mayor Pro Tem Enmeier
Councilmember Duncan
Councilmember Knoblock
Councilmember Loeffler
These minutes reflect the order in which items appeared on the meeting agenda and do not necessarily reflect the order in which items were actually considered.

A Regular Meeting of the San Clemente City Council was called to order by Mayor Cabral on May 7, 2024 at 5:00 p.m. in the San Clemente City Council Chambers, located at 910 Calle Negocio, 2nd Floor, San Clemente.

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

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

A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Existing litigation pursuant to Government Code Section 54956.9(d)(1) Number of Cases: 1
Case Name: Harbor View Estates Homeowners Association v. City of San Clemente, Orange County Superior Court Case No .
30-2024-01371169-CU-WM-CXC
B. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code Section 54957.6
Agency designated representative: Brian Brower, Administrative Services Director
Unrepresented employees: All Employees
Employee Organization: San Clemente City Employees Association C. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Discussion concerning real property transactions in compliance with Government

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74 City Council Regular Meeting Minutes May 7, 2024
Code Section 54956.8 regarding:

Real Property Negotiations: APN 988-393-01 and 692-393-01 Property: 1100 North El Camino Real
City Negotiators: Andy Hall, City Manager
Negotiating Parties: Novella Royale
Under Negotiations: Price and terms
AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None
Closed Session concluded at 5:59 p.m.

BUSINESS MEETING
Council reconvened at 6:03 p.m. with all Councilmembers present.

INVOCATION
Pastor Jim Wilke, Calvary Chapel South Orange County gave the invocation.

PLEDGE OF ALLEGIANCE
Karen Prescott-Loeffler led the Pledge of Allegiance.

1. Special Presentations
A. MAYOR'S SPECIAL RECOGNITION
Mayor Cabral and the Council recognized Councilmember Loeffler on his 50th anniversary of being sworn in as a Los Angeles Police Officer; recognized Teacher Appreciation Week: May 6-10, 2024 and presented a Certificate of Recognition to Ms. Dimperio, San Clemente High School teacher, in honor of receiving the Crystal Apple Award; and recognized May as Asian American and Pacific Islander Heritage Month.

B. 2024 WALL OF RECOGNITION HONOREE
Motion by Mayor Pro Tem Enmeier, second by Councilmember Knoblock, CARRIED 5-0, to:

Adopt Resolution No. 24-64 which will:

1. Approve the selection of the 2024 Wall of Recognition recipients A. John Dorey and Dick Veale.

2. Authorize the Mayor to present the honorees with certificates of recognition.

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

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75 City Council Regular Meeting Minutes May 7, 2024
C. DONATION ACCEPTANCE - FRIENDS OF SAN CLEMENTE BEACHES, PARKS & RECREATION FOUNDATION 2024 DONATION
Councilmember Loeffler disclosed he is a non-compensated board member for the Friends of San Clemente Foundation.

Beaches Parks and Recreation Director Wylie spoke on the collaboration between the Friends of San Clemente Foundation and the City for Community Events.

Brian de la Puente, Friends of San Clemente Foundation, reviewed the Foundation's fundraising efforts and support of community programs in San Clemente.

Motion by Councilmember Loeffler, second by Mayor Pro Tem Enmeier, CARRIED 5-0, to adopt Resolution No. 24-65 entitled A RESOLUTION OF THE

CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA,
ACCEPTING THE 2024 DONATION FROM THE FRIENDS OF SAN
CLEMENTE BEACHES, PARKS & RECREATION FOUNDATION.

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

2. Oral Communications (Part 1)
Joe Wilson, Save Our Beaches San Clemente, commented on the proposed Orange County Transportation Authority railway protection project; urged the City to assemble a technical advisory panel of experts to advise stakeholders on the project. Announced that on Friday, May 10, 2024, Save Our Beaches San Clemente, will hold an informational event at Los Molinos Brewery.

Suzie Whitelaw, Save Our Beaches San Clemente, narrated a PowerPoint presentation concerning the proposed Orange County Transportation Authority railway protection project. A hard copy of the presentation is on file with the City Clerk.

Mike Kay, San Clemente, urged Council to agendize consideration of an ordinance to prevent the Orange County Transportation Authority or other entity from depositing rip-rap boulders on San Clemente beaches; opined that mitigation fees distributed to the City should be used in the area where the damage was incurred.

Amanda Q narrated a PowerPoint presentation entitled "CRRS Part 2". A hard copy of the presentation is on file with the City Clerk.

Patricia Holloway, San Clemente, expressed appreciation for the Public Works Department and the Maintenance Division regarding the Arbor Day tree planting event at Jim Johnson Memorial Park; urged the City to budget for future tree

Page 3 of 14 ends

76 City Council Regular Meeting Minutes May 7, 2024
plantings.

Bill Kreutinger, Tri-Cities RACES, narrated a PowerPoint presentation entitled "Tri-Cities RACES report on May 4th County-Wide Auxiliary Communications Exercise". A hard copy of the presentation is on file with the City Clerk.

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.

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

Direction given; no reportable action concerning:

A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Case Name: Harbor View Estates Homeowners Association v. City of San Clemente, Orange County Superior Court Case No .
30-2024-01371169-CU-WM-CXC
Direction given; no reportable action concerning:

B. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code Section 54957.6
Agency designated representative: Brian Brower, Administrative Services Director
Unrepresented employees: All Employees
Employee Organization: San Clemente City Employees Association Direction given; no reportable action concerning:

C. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Real Property Negotiations: APN 988-393-01 and 692-393-01 Property: 1100 North El Camino Real
City Negotiators: Andy Hall, City Manager
Negotiating Parties: Novella Royale

Page 4 of 14 ends

77 City Council Regular Meeting Minutes May 7, 2024
Under Negotiations: Price and terms

6. Staff Communications
None.

7. Public Hearings
7A. NINTH PUBLIC HEARING AND ADOPTION (SECOND READING) OF AN

ORDINANCE FINALIZING THE DISTRICT MAP TO BRING THE PIER BOWL COMMUNITY OF INTEREST INTO ONE DISTRICT (DISTRICT 3)
Mayor Cabral opened the Public Hearing.

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

Amanda Q spoke in support of district map 120.

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

Motion by Councilmember Loeffler, second by Councilmember Knoblock, CARRIED 4-1 (Mayor Cabral voting NOE) to adopt Ordinance No. 1775 entitled

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE,

CALIFORNIA, AMENDING SAN CLEMENTE MUNICIPAL CODE SECTION

2.04.11 TO FINALIZE THE DISTRICT MAP AND BRING THE PIER BOWL COMMUNITY OF INTEREST INTO ONE DISTRICT (DISTRICT 3).

AYE: Duncan, Enmeier, Knoblock and Loeffler
NOE: Mayor Cabral
7B. PUBLIC HEARING ON CONDUIT FINANCING FOR THE MENDOCINO AT

TALEGA I APARTMENTS AFFORDABLE HOUSING PROJECT
This Public Hearing was moved to the May 21, 2024 City Council meeting and will be republished in the San Clemente Times on May 9, 2024. 7C. PUBLIC HEARING ON CONDUIT FINANCING FOR THE MENDOCINO AT

TALEGA II APARTMENTS AFFORDABLE HOUSING PROJECT
This Public Hearing was moved to the May 21, 2024 City Council meeting and will be republished in the San Clemente Times on May 9, 2024.

8. Unfinished Business
None.

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78 City Council Regular Meeting Minutes May 7, 2024

9. New Business
9A. CONSIDERATION OF A 50-YEAR TIME CAPSULE IN CITY HALL COUNCIL

CHAMBERS PROPOSED BY THE SAN CLEMENTE HISTORICAL SOCIETY This item was tabled at the request of the San Clemente Historical Society. 9B. CONSIDERATION OF A RESOLUTION TO ADOPT A RECOMMENDATION OF

THE PUBLIC SAFETY COMMITTEE AND INITIATE AN ORDINANCE TO

AMEND THE SAN CLEMENTE MUNICIPAL CODE TO INCLUDE ADDITIONAL

REGULATIONS ON THE USE AND ENFORCEMENT OF ELECTRIC

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

Donna Vidrine, San Clemente, spoke in support of the City Council considering an ordinance concerning electric bikes.

Mike Kay spoke in support of additional regulations for electric bikes; urged the City Council to allow additional opportunities for public input.

Chief of Police Services Christian responded to Council inquiries related to enforcement of the proposed ordinance concerning electric bikes.

Public Safety Committee Chair Berkuta responded to Council inquiries.

Motion by Councilmember Knoblock, second by Mayor Pro Tem Enmeier, CARRIED 5-0, to adopt Resolution No. 24-68 entitled A RESOLUTION OF THE

CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, ADOPTING THE PUBLIC SAFETY COMMITTEE’S RECOMMENDATION TO INITIATE AN

ORDINANCE TO AMEND THE SAN CLEMENTE MUNICIPAL CODE TO

INCLUDE ADDITIONAL REGULATIONS ON THE USE AND ENFORCEMENT OF ELECTRIC BICYCLES. The ordinance should include regulations concerning carrying passengers on electric bikes, and age or other restrictions related to riding electric bikes after dark as discussed by Council during its deliberations.

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

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79 City Council Regular Meeting Minutes May 7, 2024
9C. CONTRACT AWARD - PHASE 1 OF REESTABLISHING A SAND

COMPATIBILITY AND OPPORTUNISTIC USE PROGRAM (SCOUP)
Coastal Administrator Meyerhoff narrated a PowerPoint presentation entitled "Restarting SCOUP (San Compatibility and Opportunistic Use Program)" and responded to Council inquiries. A hard copy of the presentation is on file with the City Clerk.

Suzie Whitelaw spoke in support of the Sand Compatibility and Opportunistic Use Program; expressed concerns regarding excluding beaches from the program.

Amanda Q spoke in support of the Sand Compatibility and Opportunistic Use Program; commented on previous projects and seasonal impacts to sand placed on the beach.

Mike Kay urged Council to include all San Clemente Beaches in the Sand Compatibility and Opportunistic Use Program; commented on potential impacts to grunion with little to no sand on the beaches; opined that the City should consider a storage area for available sand.

City Manager Hall provided an update on collaborations with stakeholders regarding beach nourishment.

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

Adopt Resolution No. 24-69, which will:

1. Award a professional services agreement to Coastal Frontiers Corporation, who is teamed with Moffat & Nichol and Merkel & Associates, to provide technical assistance to the City in support of the re-establishment of the Sand Compatibility and Opportunistic Use Program (SCOUP) Phase 1.

2. Approve, and authorize the City Manager to execute, Contract No. C24-22, by and between the City of San Clemente and Coastal Frontiers Corporation, providing for technical assistance for the re-establishment of the Sand Compatibility and Opportunistic Use Program (SCOUP) Phase 1, in an amount not to exceed $178,449 for Phase 1 (Attachment 3).

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

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80 City Council Regular Meeting Minutes May 7, 2024
9D. REVIEW OF CITY COUNCIL AGENDA TEMPLATE WITH CONSIDERATION

OF MOVING COUNCILMEMBER REPORTS
City Clerk Campagnolo reviewed the contents of the Administrative Report and responded to Council inquiries.

Amanda Q spoke in support of keeping Council Member Reports at the end of the agenda.

Motion by Councilmember Duncan, second by Mayor Cabral, to move Council Member Reports after item 6 - Staff Communications and before item 7 - Public Hearings on the agenda template.

Substitute motion by Councilmember Knoblock, second by Councilmember Loeffler, CARRIED 3-2 (Mayor Pro Tem Enmeier and Councilmember Duncan voting NOE), to move Council Member Reports after item 1 -Special Presentations and before item 2 - Oral Communications on the agenda template.

THE SUBSTITUTE MOTION CARRIED:

AYE: Knoblock, Loeffler and Mayor Cabral
NOE: Duncan and Enmeier
A. City Council Minutes
Motion by Mayor Pro Tem Enmeier, second by Councilmember Duncan, CARRIED 5-0, to:
(1) APPROVE THE CITY COUNCIL SPECIAL AND REGULAR MEETING MINUTES OF APRIL 16, 2024.

AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None
B. Commission/Committee Minutes
Motion by Mayor Pro Tem Enmeier, second by Councilmember Duncan, CARRIED 5-0, to receive and file:
(1) INVESTMENT ADVISORY COMMITTEE SPECIAL MEETING MINUTES OF JANUARY 22, 2024.
(2) INVESTMENT ADVISORY COMMITTEE REGULAR MEETING MINUTES OF JANUARY 29, 2024.
(3) INVESTMENT ADVISORY COMMITTEE SPECIAL MEETING MINUTES OF FEBRUARY 5, 2024.
(4) INVESTMENT ADVISORY COMMITTEE SPECIAL MEETING MINUTES OF FEBRUARY 12, 2024.
(5) BEACHES, PARKS & RECREATION COMMISSION SPECIAL MEETING MINUTES OF FEBRUARY 12, 2024.

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81 City Council Regular Meeting Minutes May 7, 2024
(6) BEACHES, PARKS & RECREATION COMMISSION REGULAR MEETING MINUTES OF FEBRUARY 13, 2024.
(7) PUBLIC SAFETY COMMITTEE REGULAR MEETING MINUTES OF MARCH 26, 2024.
(8) HUMAN AFFAIRS COMMITTEE REGULAR MEETING MINUTES OF APRIL 9, 2024.
(9) DESIGN REVIEW SUBCOMMITTEE REGULAR MEETING MINUTES OF APRIL 10, 2024.
(10) PLANNING COMMISSION REGULAR MEETING MINUTES OF APRIL 17, 2024.

AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None
C. Warrant Register
Motion by Mayor Pro Tem Enmeier, second by Councilmember Duncan,CARRIED 5-0, to:
(1) APPROVE WIRE TRANSFER NOS.
3025 THROUGH 3026 AND WARRANT NOS.
595334 THROUGH 595506, PAID ON
3-29-24, IN THE AMOUNT OF $1,372,424.48
(2) APPROVE WIRE TRANSFER NOS.
3027 THROUGH 3032 AND WARRANT NOS.
595507 THROUGH 595717, PAID ON
4-5-24, IN THE AMOUNT OF $5,336,886.33
(3) APPROVE WARRANT NOS. 595718
THROUGH 595854, PAID ON 4-12-24,
IN THE AMOUNT OF $1,608,932.97
(4) APPROVE WIRE TRANSFER NOS.
3033 THROUGH 3039 AND WARRANT NOS.
595855 THROUGH 595986, PAID ON
4-19-24, IN THE AMOUNT OF $1,202,197.12
TOTAL WARRANT REGISTER $9,520,420.90
AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None

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82 City Council Regular Meeting Minutes May 7, 2024
Payroll Register
Motion by Mayor Pro Tem Enmeier, second by Councilmember Duncan, CARRIED 5-0, to approve:

WARRANT NO. 931, AUTOMATIC
DEPOSIT ADVISES 93018 THROUGH
93343, FOR THE PERIOD 3-18-24
THROUGH 3-31-24, PAID ON 4-5-24,
IN THE AMOUNT OF $478,984.30
AUTOMATIC DEPOSIT ADVISES 93344
THROUGH 93670, FOR THE PERIOD
4-1-24 THROUGH 4-14-24, PAID
ON 4-19-24, IN THE AMOUNT OF $492,308.70
TOTAL PAYROLL REGISTER $971,293.00
AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None
10D. CONSIDERATION OF A LETTER IN OPPOSITION TO ASSEMBLY BILL 1886 (ALVAREZ) - HOUSING ELEMENT LAW; SUBSTANTIAL COMPLIANCE:

HOUSING ACCOUNTABILITY ACT
Motion by Mayor Pro Tem Enmeier, second by Councilmember Duncan, CARRIED 5-0, to adopt Resolution No. 24-70 entitled A RESOLUTION OF THE

CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA,

AUTHORIZING THE MAYOR TO EXECUTE A LETTER IN OPPOSITION TO ASSEMBLY BILL 1886 (ALVAREZ) AND CAUSE THE DELIVERY OF SAID LETTER TO THE CHAIR OF THE CALIFORNIA STATE ASSEMBLY’S LOCAL GOVERNMENT COMMITTEE.

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

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83 City Council Regular Meeting Minutes May 7, 2024
10E. CONSIDERATION OF AUTHORIZING AN ORANGE COUNTY
TRANSPORTATION AUTHORITY (OCTA) PROJECT X TIER 1 GRANT
SUBMITTAL AND A 20% MATCH FOR THE EL CAMINO REAL CORRIDOR

RUNOFF TREATMENT PROJECT
Motion by Mayor Pro Tem Enmeier, second by Councilmember Duncan, CARRIED 5-0, to adopt Resolution No. 24-71 entitled A RESOLUTION OF THE

CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA,

AUTHORIZING AN APPLICATION FOR FUNDS FOR THE ENVIRONMENTAL CLEANUP, TIER 1 GRANT PROGRAM UNDER ORANGE COUNTY LOCAL TRANSPORTATION ORDINANCE NO. 3 FOR THE EL CAMINO REAL
CORRIDOR RUNOFF TREATMENT PROJECT.

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

11. Oral Communications (Part 2)
None.

12. Future Agenda Items
City Manager Hall to provide an update to Council concerning the dog beach pilot program.

13. Reports
A. Commissions and Committees
Coastal Animal Services Authority
Mayor Pro Tem Enmeier provided and update on Coastal Animal Services Authority employees transitioning to the CalPERS retirement system.

Lifeguard Statue - Parque Del Mar
Councilmember Duncan provided an update regarding the Beaches, Parks and Recreation Commission working in collaboration with the Lifeguard Foundation on placement of a lifeguard statue at Parque Del Mar.

San Onofre Nuclear Generating Station (SONGS)
Mayor Cabral provided an update concerning the San Onofre Nuclear Generating Station (SONGS) and safe storage of nuclear material; upcoming tests regarding earthquake safety and safe transportation of materials on the railway.

B. Council Subcommittee Updates
None.

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84 City Council Regular Meeting Minutes May 7, 2024
C. Council Members
Orange County Fire Authority Fire Operations 101
Councilmember Duncan reported his attendance at Fire Operations 101 hosted by the Orange County Fire Authority.

Cal Cities Conference
Mayor Pro Tem Enmeier and Councilmember Duncan reported their attendance at the Cal Cities Conference April 17-19, 2024 in Sacramento, California.

Cinco De Mayo Fiesta
Councilmember Loeffler commented on the success of the Cinco De Mayo Fiesta on May 4, 2024 at Max Berg Plaza Park.

State of the City Luncheon
Mayor Cabral reported on the May 3, 2024 State of the City luncheon.

Southern California Mayors Leadership Conference
Mayor Cabral reported his attendance at the Southern California Mayors Leadership Conference on April 27, 2024 presented by the Peter F. Drucker School of Management in Claremont, California.

Orange County Transportation Authority (OCTA) Meeting
Mayor Cabral reported meeting with OCTA concerning the railway protection project.

Orange County Sheriff’s Department Metal of Valor Event Mayor Cabral reported his attendance at the Orange County Sheriff’s Department Medal of Valor Ceremony on April 25, 2024.

Community Meeting - Rotary Club, Coral Thrift Shop
Mayor Cabral reported meeting with the Rotary Club and Coral Thrift Shop.

Federal Appropriation Committees
Mayor Cabral reported that he met with the Federal Senate and House Appropriation Chairs concerning funding for San Clemente sand projects.

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85 City Council Regular Meeting Minutes May 7, 2024
State of California Lifeguards
Mayor Cabral reported meeting with California State Parks concerning additional lifeguards for summer.

California State Senate Transportation Subcommittee
Mayor Cabral reported he testified in Sacramento at the Senate Transportation Subcommittee on LOSSAN Rail Corridor Resiliency.

Grants Pass Oregon Supreme Court Case
Mayor Cabral reported his attendance at the Supreme Court hearing regarding the City of Grants Pass, Oregon v. Gloria Johnson, et. al. United States Supreme Court Case No. 23-175.

Marine Corps Dinner
Councilmember Knoblock and Mayor Cabral attended a Marine Corps Dinner on May 2, 2024 at Casa Romantica.

Junior Lifeguard Registration
Mayor Pro Tem Enmeier acknowledged Beaches, Parks and Recreation regarding the improvements to the Junior Lifeguard program online registration system.

D. City Attorney
None.

E. City Manager
Beach Sand Update
City Manager Hall reported on the City's efforts to get additional sand on the beaches; noted that the City will be conducting a survey for residents to provide their opinion on funding sources.

Contracts Executed Under City Manager Signature Authority City Manager Hall reported that he executed the following contracts under his signature authority:

1. RCH Group providing for California Environmental Quality Act Compliance Support for the Federal Beach Sand Project in the amount of $18,000.

2. BGB Design Group for the Base of Pier Bike Rack Redesign $19,890.

Page 13 of 14 ends

86 City Council Regular Meeting Minutes May 7, 2024

14. Adjournment
Motion by Councilmember Knoblock, second by Councilmember Duncan, CARRIED 5-0, to adjourn at 8:20 p.m. The next Regular Meeting will be held on May 21, 2024. The Budget Workshop will commence at 4:00 p.m. Closed Session will begin at 5:30 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

Page 14 of 14 ends

87 910 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: May 21, 2024 Agenda Item: (1)
88 89
90 91
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: May 21, 2024 Agenda Item: (2)
92 93
94 910 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: May 21, 2024 Agenda Item: (3)
95 96
97 910 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: May 21, 2024 Agenda Item: (4)
Submitted By: Choose an item.

Prepared By:

Subject:
..titl e
PLANNING COMMISSION REGULAR MEETING MINUTES OF MAY 8, 2024 ..body Fiscal Impact:

Summary:

Background:

Council Options:

Environmental Review/Analysis:

Recommended Actions:

Staff Recommendation ..recommendation
..end
Attachment:

Notification:
98 These minutes will be considered for approval at the Planning Commission meeting of 05-08-2024.

MINUTES OF THE REGULAR MEETING

OF THE CITY OF SAN CLEMENTE

PLANNING COMMISSION
May 8, 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 6:03 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
Former Mayor Wayne Eggleston led the Pledge of Allegiance.

3. ROLL CALL
Commissioners Present: Barton Crandell; Brent Davis; Scott McKhann; Karen PrescottLoeffler; Chair Pro Tem Gary P. McCaughan, M.D., Vice Chair M.

Steven Camp; Chair Cameron Cosgrove
Staff Present: Jonathan Lightfoot, City Planner
Zach Rehm, Senior Planner
David Carrillo, Associate Planner
John Ciampa, Contract Planner
Zachary Ponsen, Assistant City Engineer
Gena Burns, Deputy City Attorney
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 ORDER OF BUSINESS/ SPECIAL PRESENTATION
None

5. MINUTES
A. Minutes from the Regular Meeting of the Planning Commission of April 17, 2024.
99 Minutes of Regular Planning Commission Meeting of May 8, 2024 Page 2

IT WAS MOVED BY COMMISSIONER MCCAUGHAN, SECONDED BY VICE CHAIR CAMP, AND CARRIED 7-0, TO receive and file the minutes from the April 17, 2024, Planning Commission Regular Meeting as submitted.

6. ORAL AND WRITTEN COMMUNICATION
None

7. CONSENT CALENDAR
None

8. PUBLIC HEARING
A. Public Hearing Project (PHP) 24-060: Moses Residence, 243 Avenida La Cuesta
The Planning Commission will consider a request to construct a two-story, single-family residence on a vacant lot between two historic resources at 233 Avenida La Cuesta and 243 Avenida La Cuesta. The project is located within Residential Low Zoning District and Special Residential 2 Overlay District. This project was formerly referenced as Cultural Heritage Permit (CHP 23-318).

After the adoption of the City’s streamlining ordinance in November of 2023, the permit type has been reclassified to a Development Permit (DP 24-027).

Chair Cosgrove opened the public hearing.

Chair Cosgrove, Commissioner Crandell and Commissioner Prescott-Loeffler disclosed that they visited the site and reviewed the emails.

Commissioner McKhann indicated his property was within 1,000 feet of his residence but the project would not have a material impact on his property or property value; he frequently walked past the property; had seen the story poles; and attended the Design Review Subcommittee (DRSC) meeting and spoke with the property owners of the subject site and the property owners of the adjacent historic property.

Commissioner Davis indicated he visited the site but the story poles had already been removed.

David Carrillo, Associate Planner, narrated a PowerPoint Presentation entitled, “243 Avenida La Cuesta,” dated May 8, 2024. A copy of the Presentation is on file in Planning Division.

In response to Commission questions, Associate Planner Carrillo explained the location and height of the pergola; pickleball and basketball courts as accessory uses, including lighting regulations; sidewalks in the neighborhood; 100
Minutes of Regular Planning Commission Meeting of May 8, 2024 Page 3 stand-alone recreational uses requiring a conditional use permit; noise standards for pool and sports courts; and discretionary review process and architecture styles next to historic properties.

Jonathan Lightfoot, City Planner, discussed the landscaping on the neighboring property and limitations on height of hedges in front yard setbacks; obligation of historic property owners to protect public views towards their historic residences; Municipal Code Section 8.48.040 - General Noise Regulations; and deed restriction requiring Spanish Colonial Revival architecture.

Zachary Ponsen, Assistant City Engineer, explained the sidewalk easement requirements and Condition 3.10; sidewalks in the neighborhood and an approved sidewalk waiver at the Goldschmidt house; and confirmed that the City has an easement at the Goldschmidt property but not at the Campbell house.

Gena Burns, Deputy City Attorney, clarified that the Municipal Code designates authority to the City Manager to waive the sidewalk requirements, with appeals to the City Council.

Dustin Morris, Eyoh Design, representing the applicant, addressed the Commission questions indicating the front pergola was below the finished floor level of the adjacent home and clarified the location of the white stucco siding material on the proposed residence. He presented a PowerPoint Presentation addressing the view impacts, a copy of which is on file in Planning Division.

In response to Commission questions, Mr. Morris discussed the previously approved project (“Romney Residence”) at the same site.

Amy Zurberg, Campbell house owners, expressed desire to be welcoming neighbors but expressed concern about project mass, vulnerable foundations, potential for excavation damaging trees, and need for environmental review.

She added concern regarding a lighted pickleball court and suggested additional setbacks, a full environmental review, and careful planning, to prevent damage.

Kristine M. Lampert, local architect for 48 years, working on the remodel at the Goldschmidt property, referenced design principles from Pasadena and Santa Barbara and suggested incorporating the same landscape principles. She recommended delaying the project, considering an environmental impact report (EIR), and increasing the setback by 10 feet.

Vasko Mitzev, resident and attorney for neighboring property owners, discussed efforts to compromise with the applicant; owner’s desire to build Spanish Colonial Revival style; and data indicating the deleterious nature of the proposed project. He expressed concern that the project team did not include a licensed architect, landscape architect, historical consultant, nor CEQA 101
Minutes of Regular Planning Commission Meeting of May 8, 2024 Page 4 consultant. He stated it was the last remaining undeveloped estate lot and had to be done correctly. He indicated they would appeal a Planning Commission approval of the project.

Don Wentzel, 243 Avenida La Cuesta, provided a photograph from the interior of his home showing the story poles. He expressed concern about the size of project, lighted pickleball court, CEQA exemption, and inconsistency with the City’s design guidelines. He recommended continuance of the public hearing and increasing the front yard setback to 65 feet.

Catherine Hall, 243 Avenida La Cuesta, provided history on the Goldschmidt property, and historical, cultural and architectural significance of their home.

She indicated opposition to a CEQA exemption and discussed the need to preserve historic plantings. She discussed prior shoring to protect the home’s foundation and stabilize downslope movement. She suggested moving the house back on the lot and omitting the pickleball court.

Katie Potts, San Clemente Historical Society, expressed concern over the project and discussed their commitment to preservation and need to retain the look and feel of the original architecture.

Wayne Eggleston stated San Clemente was the Spanish Village by the Sea and Spanish Colonial Revival architecture should not be discouraged.

Larry Culbertson, San Clemente Historical Society Preservation Chair, indicated opposition to the proposed project. He stated he did not feel the Planning Commission could make the six required findings and referenced the letter he sent explaining the need for denial including inconsistency with the General Plan due to incompatible setbacks, materially injurious to abutting property; erase visual prominence of the Goldschmidt property and ostentatious architectural style. He requested denial of the project.

Jim Hamilton, San Clemente Historical Society, stated streamlining was not working. He indicated opposition to the project due to its size and not fitting with the neighborhood character.

Suzi Klickstein, San Clemente Historical Society, concurred with the prior speakers.

Oakley (Lee) Van Slyke, Past President of the Historical Society, discussed the need to preserve the public’s ability to preserve the Spanish Village by the Sea.

He recommended retaining the view of the rear round towers for the public.

Paul Parsons, Historic Society, asserted that both property owners “agreed” to the red line setback. He suggested the need for a geological report to determine impact to the adjacent properties.
102
Minutes of Regular Planning Commission Meeting of May 8, 2024 Page 5 Amanda Quintanilla, 50-year resident, discussed the significance of architect, Paul R Williams. She stated the Goldschmidt home should not be threatened and expressed concern about the foundation and stability. She suggested the need for larger setbacks and use of Spanish Colonial architecture. She expressed concern with sound from the pickleball court and discussed litigation regarding noise at San Gorgonio Park. She suggested an environmental impact report including a sound study and geological report.

Michael Minnow, builder and adjacent neighbor, welcomed the applicant to the neighborhood and discussed the sidewalk requirement.

Mary Ann Comes, San Clemente Historical Society, discussed the historical significance of the Goldschmidt house, and suggested increasing the setback and not requiring sidewalks.

Donna Vidrine, resident and Historical Society member, expressed concern with noise from the pickleball court and ground stability.

Chair Camp invited the applicant to provide a response to the public testimony.

Mr. Morris addressed public comments related to increasing setbacks, licensed professionals working on the project, view lines previously approved, slope stability, environmental review, sports court adjacent to the neighboring basketball court, and public view corridor of historic homes.

In response to Commission questions, Associate Planner Carrillo, City Planner Lightfoot, and Assistant City Engineer Ponsen clarified the previously approved, required and proposed setbacks; provided history of prior use of the lot; and discussed the Spanish Colonial Revival requirement; slope stability; proposed lighting; setbacks; CEQA categorical exemption determination; and license requirements.

Mr. Morris stated there was no report on geological stability, rather development was encouraged as far away from rear slope as possible.

Commissioner Prescott-Loeffler expressed concern with Findings E and F related to the character, mass and front yard setback, particularly in reference to the front pergola; and discouragement of Spanish Colonial style.

Chair Pro Tem McCaughan encouraged the use of Spanish Colonial style and expressed concern with the front yard setback. He urged consideration of a soil study.

Commissioner Davis discussed his experience with the permitting process. He stated he appreciated the setback 25 feet beyond the required 20-foot setback.

He expressed concern about landscape impacting historical views. City Planner Lightfoot explained the landscape plan approval and modification options available to the Commission.
103
Minutes of Regular Planning Commission Meeting of May 8, 2024 Page 6 Commissioner Crandell discussed his site observations including only the arched window wall was visible, which was a side elevation with the front elevation intact and of equal significance; and story poles showing a slight encroachment of the patio cover element. He recommended removal of the pergola or moving the building back. He stated he could make the finding related to scale, and stated that the setbacks of 233 Avenida La Cuesta were irrelevant. He discussed the view of the Goldschmidt residence; discretion for use of Spanish Colonial Revival or alternate style, with primary focus on quality and compatibility of architecture; and expressed interest in a potential performance bond. He recommended removal of reference to pickleball and that the sport court be handled under separate permit and review. He clarified that soils reports and slope stability would be addressed through review by the Building Department and City Engineer. He reminded the speakers that the Planning Commission was reviewing the project under existing standards, not other cities’ codes. He indicated he could make the required findings.

Commissioner Camp summarized review by the Design Review Subcommittee. He stated the proposed style was an appropriate foil for the historic property. He suggested removal or modification of the pergola and use of landscape instead.

Commissioner McKhann stated he could make the required findings due to neighborhood compatibility. He stated the proposed project did not take away from the adjacent historical properties, since the existing landscaping already blocked views of the homes. He stated he did not support arbitrarily increasing the setback and felt the architecture did not distract from the historic property.

He stated it would be impossible to build anything that would satisfy all the various recommendations.

Chair Cosgrove thanked the public and Planning Commission for its input and thorough discussion of the project. He echoed prior statements that staff and the Commission are tasked with interpreting projects under existing City codes and policies. He reviewed the required findings and indicated support for the architectural design because it was muted and not distracting from the historic Goldschmidt residence.

The Commission discussed and there was consensus to pull back the pergola by five feet; change white bands to earth tone colors; and remove all references regarding pickleball court; and
The Commission discussed a potential bond to protect the adjacent neighbor.

Mr. Morris discussed the potential risk to the applicant. Mr. Mitzev discussed the need for an environmental impact report.
104
Minutes of Regular Planning Commission Meeting of May 8, 2024 Page 7 The Commission discussed the requirement for front yard trees and directed staff consider species and location to minimize visual impact of the 243 Avenida La Cuesta and suggested removal of Condition 4.7.

IT WAS MOVED BY CHAIR COSGROVE, SECONDED BY COMMISSIONER DAVIS, AND CARRIED UNANIMOUSLY, TO:

1. Determine the project is categorically exempt from the requirements of the CEQA pursuant to CEQA Guidelines Section 15303 (Class 3: New Construction or Conversion of Small Structures); and

2. Adopt Resolution Planning Commission 24-011, approving Development Permit (DP) 24-027, Moses residence, subject to the conditions of approval amended to change white bands to earth tone colors; remove all references regarding pickleball court; reduce the pergola by five feet; and strike condition 4.7.
[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.

RECESS
Chair Cosgrove recessed the meeting at 9:15 p.m. The meeting reconvened at 9:25 p.m. with all Commissioners present.

B. Conditional Use Permit (CUP) 22-355: AT&T Wireless Comfort Inn, 3700 South El Camino Real
The Planning Commission will consider a request by AT&T to remove the two existing roof top wireless facilities and enclosures to install four roof top mounted wireless facilities within faux chimney equipment enclosures at the Comfort Inn Suites. The accompanying ground mounted equipment would be located in the existing first-floor telecommunications room. The project is located within the Mixed Use 5 (MU5) zoning district located at 3700 South El Camino Real.

Chair Cosgrove opened the public hearing.

John Ciampa, Contract Planner, narrated a PowerPoint Presentation entitled, “AT&T Telecommunication Facility – Conditional Use Permit 22-355,” dated May 8, 2024. A copy of the Presentation is on file in Planning Division.

John McDonald, AT&T, explained the use of compressed fiberglass, shaped to look like the desired material, and replacement if necessary and indicated the structures were as small as possible.
105
Minutes of Regular Planning Commission Meeting of May 8, 2024 Page 8

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

1. Determine the project is categorically exempt pursuance to CEQA Guidelines Section 15301 (Class 1: Existing Facilities) and Section 15303 (Class 3: New Construction or Conversion of Small Structures); and

2. Adopt Resolution PC 24-009, approving Conditional Use Permit (CUP) 22- 355, AT&T Wireless Telecommunications Facility, subject to the conditions of approval therein.

C. Housing Element Action Plan – Objective Design Standards A Public Hearing for the Planning Commission to provide recommendations to City Council on Zoning Amendment ZA 24-193 to adopt Objective Design Standards, selection of sites previously identified in the Housing Element to be added to the Housing Overlay, and zoning table amendments to authorize additional residential uses within residential, commercial, and mixed-use zoning districts.

Chair Cosgrove opened the public hearing.

Zach Rehm, Senior Planner, narrated a PowerPoint Presentation entitled, “Housing Element Action Plan - Objective Design Standards,” dated May 8, 2024. A copy of the Presentation is on file in Planning Division.

Vice Chair Camp suggested considering site furnishings under site design; specific materials and examples included under Building Design; and designating architectural districts rather than styles.

Senior Planner Rehm explained implementation of the design standards and density bonuses for projects that include affordable housing.

IT WAS MOVED BY CHAIR PRO TEM MCCAUGHAN, SECONDED BY
COMMISSIONER MCKHANN, AND CARRIED UNANIMOUSLY, TO continue the matter to a date uncertain.

9. NEW BUSINESS
None

10. OLD BUSINESS
None

11. REPORTS OF COMMISSIONERS AND STAFF
106
Minutes of Regular Planning Commission Meeting of May 8, 2024 Page 9 A. Tentative Future Agenda
Jonathan Lightfoot, City Planner, introduced Assistant Planner Jessica Gatny and invited the Commission to attend the California Preservation Foundation Conference at the end of the month.

B. Administrative Development Permit Report
Jonathan Lightfoot, City Planner, announced the upcoming items on the May 22, 2024 agenda, including continuance of Sea Cliff and a study session on sidewalks.

Commissioners Crandell, Prescott-Loeffler and McKhann indicated they would not be at the June 19, 2024 meeting.

12. ADJOURNMENT

THERE BEING NO OTHER BUSINESS BEFORE THE COMMISSION, IT WAS

MOVED BY CHAIR PRO TEM MCCAUGHAN, SECONDED BY CHAIR COSGROVE AND UNANIMOUSLY APPROVED TO ADJOURN THE MEETING AT 10:27 P.M. TO

THE REGULAR PLANNING COMMISSION MEETING TO BE HELD IN-PERSON ON MAY 22, 2024, AT 6:00 P.M., AT THE SAN CLEMENTE CITY HALL COUNCIL CHAMBERS LOCATED AT 910 CALLE NEGOCIO, 2
nd FLOOR, SAN CLEMENTE,
CALIFORNIA.

Respectfully submitted,
Cameron Cosgrove, Chairman
Attest:

Jonathan Lightfoot, City Planner
107
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: May 21, 2024 Agenda Item: 11D.

Submitted By: Public Works
Prepared By: Masako Hennequin, Associate Civil Engineer Subject:
..titl e

CONSIDERATION OF A RESOLUTION TO ACCEPT AND FILE A NOTICE OF COMPLETION FOR THE FY 2024 PAVEMENT PRESERVATION PROGRAM, CIP PROJECT NO. 24303 ..body Fiscal Impact:

The total construction cost of $155,766 was within the approved construction budget of $173,948 from the General Fund, account number 001-416-45730-000-24303.

Summary:

Before the City Council is a Resolution and Notice of Completion for the FY 2024 Pavement Preservation Program. The project consisted of cold mill and overlay asphalt concrete to rehabilitate pavement in two City parking lots.

Background:

On February 6, 2024, the City Council awarded a construction contract to Prestige Paving Company, Inc. for the FY 2024 Pavement Preservation Program. The project was to improve the pavement for two parking lots at 242 Avenida Del Mar and 115 S. El Camino Real. The parking lot improvements included replacing deteriorated asphalt pavement sections, grind and overlay, replacing concrete wheel stops, and re-striping.

Pre-Construction Post Construction
108
Meeting Date: May 21, 2024 Agenda Item: 11D.

CITY OF SAN CLEMENTE 2
A summary of the total construction expenditures is provided below:

Construction Management and Inspection $ 9,800
Construction $145,966
Total Project Construction Cost $155,766
Council Options:
 Adopt Resolution No. 24-73, which would accept the completed FY 2024 Pavement Preservation Program, CIP Project No. 24303.
 Modify and adopt Resolution No. 24-73.
 Continue the item with direction to provide additional information.

Environmental Review/Analysis:

This project was previously determined to be categorically exempt from the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities, 14 CCR section 15301) of the State CEQA Guidelines.

Recommended Actions:
..recommendation
Staff recommends that the City Council Adopt Resolution No. 24-73, which will:

1. Accept the FY 2024 Pavement Preservation Program, CIP Project No. 24303, from Prestige Paving Company, Inc.;

2. Authorize the Public Works Director to execute and record the Notice of Completion for the FY 2024 Pavement Preservation Program, CIP Project No. 24303;

4. Authorize the City Clerk to release the performance bond for this project upon receipt of a warranty bond in a form acceptable to the Public Works Director in the amount of 25% of the total construction cost.
..end
Attachment:

1. Resolution No. 24-73

2. Notice of Completion

3. Staff Report dated February 6, 2024 (without attachments) Notification:

None
109
Attachment 1
RESOLUTION NO. 24-73

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, ACCEPTING AS
COMPLETE THE FY 2024 PAVEMENT PRESERVATION
PROGRAM (CIP PROJECT NO. 24303)
WHEREAS, on February 6, 2024, the City Council awarded a construction contract to Prestige Paving Company, Inc. for FY 2024 Pavement Preservation Program, CIP Project No. 24303; and
WHEREAS, the work consisted of asphalt concrete pavement repairs, replacing concrete wheel stops, and restriping; and
WHEREAS, Prestige Paving Company, Inc. has completed the work to the satisfaction of the Public Works Director.

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

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

Section 2. That the City Council accepts as complete the FY 2024 Pavement Preservation Program (CIP Project No. 24303) from Prestige Paving Company, Inc.

Section 3. That the City Council authorizes the Public Works Director to execute and the City Clerk to record a Notice of Completion for CIP Project No. 24303.

Section 4. That the City Council authorizes the City Clerk to release the payment bond for this project 35 days from the recordation of the Notice of Completion upon verification with the Engineering Division that no liens have been levied against the Prestige Paving Company, Inc.

Section 5. That the City Council authorizes the City Clerk to release the performance bond for this project upon receipt of a warranty bond in a form acceptable to the Public Works Director in the amount of 25% of the total construction cost.

Section 6. 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. 110
Resolution No. 24-73 Page 2
ATTEST:
___________________________ __________________________
City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 24-73 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:

City of San Clemente
When Recorded, Mail To:

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

Space above this line is for Recorder’s Use Only

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

1. Project title or description of work: FY 2024 Pavement Preservation Program, CIP Project No. 24303.

2. Date of completion: April 2, 2024.

3. Street address or legal description of the project site: 242 Avenida Del Mar, San Clemente, CA 92673 and 115 South El Camino Real, San Clemente, CA 92673

4. Name of owner: City of San Clemente.

5. Interest or estate of owner: Public Facility; Owned in Fee.

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

7. Name and address of contractor: Prestige Paving Company, Inc., 14656 Industry Circle La Mirada, CA 90638.

I am the Public Works Director / City Engineer for the City of San Clemente, a Municipal Corporation, the owner of the indicated interest or estate in the property described above.

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

Executed on __________________________ in San Clemente, California. _________________________________
Dave Rebensdorf, Public Works Director / City Engineer
City of San Clemente
112
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING

CITY OF SAN CLEMENTE
Meeting Date: February 6, 2024 Agenda Item: 7G
Submitted By: Public Works
Subject:
..titl e

CONSIDERATION OF A RESOLUTION AWARDING A CONSTRUCTION CONTRACT TO PRESTIGE PAVING COMPANY, INC. FOR THE FY 2024 PAVEMENT PRESERVATION PROGRAM, CIP PROJECT NO. 24303, IN AN AMOUNT NOT TO EXCEED $144,956,

AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT, AND FINDING THE

PROJECT CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ..body ACT
Fiscal Impact:

The estimated total project construction cost of $173,948 is within the approved budget amount of $250,000 from Account Number 001-416-45730-000-24303 will be used to fund the project.

Summary:

The FY 2024 Pavement Preservation Program, CIP Project No. 24303 includes asphalt pavement work and re-striping on parking lots. The pavement work will consist of cold mill and overlay asphalt concrete to rehabilitate pavement in City parking lots. The scope also includes removing and reinstalling concrete wheel stop and parking stall striping.

Before the City Council is the award of a construction contract to Prestige Paving Company, Inc. in an amount not to exceed $144,956, plus a 10% project contingency, for pavement improvements on two parking lots as shown on the location map (Attachment 2).

Background:

Staff prepared a bid package, notified local contractors and advertised the project for competitive bidding on the PlanetBids website and in the SC Times. Bids were opened on January 11, 2024 and the results are presented on the attached Bidder’s Listing (Attachment 3). Bids ranged from $144,956 to $240,815. There were no responsive and responsible bidders from businesses based in San Clemente. The lowest responsive and responsible bidder was Prestige Paving Company, Inc. of La Mirada, California with a total bid amount of $144,956.

Based on the low bid, the total estimated construction cost is $173,948, as summarized below:

Construction $144,956
Construction Design, Management &
Inspection (10%) $14,496
Project Contingency (10%) $14,496
Estimated Total Project Cost $173,948
1 Attachment 3
113
Meeting Date: February 6, 2024 Agenda Item: 7G

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

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

Council Options:
 Adopt Resolution No. 24-15, awarding the FY 2024 paving contract to Prestige Paving Company, Inc., authorizing the City Manager to execute a construction contract an amount not to exceed $144,956, authorizing a 10% project contingency of $14,496, 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. 24-15.
 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.

Recommended Actions:

Staff Recommendation ..recommendation
Adopt Resolution No. 24-15 which will:

1. Find the FY 2024 Pavement Preservation Program, CIP Project No. 24303 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 FY 2024 Pavement Preservation Program, CIP Project No. 24303, contract to Prestige Paving Company, Inc.; and

3. Authorize the City Manager to execute a contract with Prestige Paving Company, Inc., in an amount not to exceed $144,956, plus a 10% project contingency of $14,496, in a form substantially similar to Contract No. C24-05 (Attachment 4) for the FY 2024 Pavement Preservation Program, CIP Project No. 24303...end
Attachment:

1. Resolution No. 24-15

2. Location Map

3. Summary of Bids

4. Contract No. C24-05
1142
Meeting Date: February 6, 2024 Agenda Item: 7G

CITY OF SAN CLEMENTE
Notification:

All bidders.
1153
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: May 21, 2024 Agenda Item: 11E.

Submitted By: Public Works
Prepared By: Dustin Burnside, Utilities Manager
Subject:
..titl e

CONSIDERATION OF A RESOLUTION TO ACCEPT AND FILE A NOTICE OF COMPLETION

FOR THE CALAFIA PUMP STATION FLOW METER AND VAULT REPLACEMENT, CIP PROJECT NO. 24401
..body
Fiscal Impact:

The total project construction cost of $106,605 was within the approved project budget of $127,410 from the Water Fund Depreciation Reserve, Account No. 052-466-43240-000-24401.

Summary:

Before the City Council is a Resolution and Notice of Completion for the Califia Pump Station Flow Meter and Vault Replacement project. Calafia Pump Station provides recycled water to the City’s Municipal Golf Course from a pipeline near Calafia State Beach. The flow meter was at the end of its useful life and was replaced with a new meter and vault.

Background:

On January 17, 2023, the City Council awarded a construction contract to Vicon Enterprises, Inc. for the Calafia Pump Station Flow Meter and Vault Replacement (see Attachment 3). These improvements consisted of replacing an existing flow meter and concrete vault that was too small to allow for proper maintenance of the new flowmeter.
116
Meeting Date: May 21, 2024 Agenda Item: 11E.

CITY OF SAN CLEMENTE 2
A summary of the total construction expenditures is provided below:

Construction Management, Inspection, and Materials
Testing
$12,000
Construction $94,605
Total Project Construction cost $106,605
Council Options:
 Adopt Resolution No. 24-74, which would accept the completed construction work for the Calafia Pump Station Flow Meter and Vault Replacement, CIP Project No. 24401.  Modify and adopt Resolution No. 24-74.
 Continue the item with direction to provide additional information.

Environmental Review/Analysis:

The project was previously determined to be categorically exempt from the California Environmental Quality Act (CEQA) under Section 15302, Class 2 Replacement or Reconstruction, of the State CEQA Guidelines.

Recommended Actions:

Staff Recommendation ..recommendation
Staff Recommends that the City Council Adopt Resolution No. 24-74, which will:

1. Accept the Calafia Pump Station Flow Meter and Vault Replacement, CIP Project No. 24401, from Vicon Enterprise, Inc.;

2. Authorize the Public Works Director to execute and record the Notice of Completion for the Calafia Pump Station Flow Meter and Vault Replacement, CIP Project No. 24401; and

CITY OF SAN CLEMENTE 3

1. Resolution No. 24-74

2. Notice of Completion

3. Staff Report dated January 17, 2023
Notification:

None.
118
ATTACHMENT 1
RESOLUTION NO. 24-74

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, ACCEPTING AS

COMPLETE THE CALAFIA PUMP STATION FLOW METER
AND VAULT REPLACEMENT, CIP PROJECT NO. 24401
WHEREAS, on January 17, 2023, the City Council awarded a construction contract to Vicon Enterprise, Inc. for the Calafia Pump Station Flow Meter and Vault Replacement, CIP Project No. 24401; and
WHEREAS, the work consisted of replacing an existing flow meter and concrete vault that was too small to allow for proper maintenance of the new flowmeter; and WHEREAS, Vicon Enterprise, Inc. has completed the work to the satisfaction of the Public Works Director.

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

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

SECTION 2. That the City Council accepts as complete the Calafia Pump Station Flow Meter and Vault Replacement CIP Project No. 24401, from Vicon Enterprise, Inc.

SECTION 3. That the City Council authorizes the Public Works Director to execute and the City Clerk to record a Notice of Completion for CIP Project No. 24401.

SECTION 4. That the City Council authorizes the City Clerk to release the payment bond for this project 35 days from the recordation of the Notice of Completion upon verification with the Engineering Division that no liens have been levied against Vicon Enterprise, Inc.

SECTION 5. That the City Council authorizes the City Clerk to release the performance bond for this project upon receipt of a warranty bond in a form acceptable to the Public Works Director in the amount of 25% of the total construction cost.

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

PASSED AND ADOPTED this _____ day of ____________________, 2024. 119
Resolution No. 24-74 Page 2
ATTEST:
___________________________ __________________________
City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 24-74 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:

City of San Clemente
When Recorded, Mail To:

City Clerk
City of San Clemente
910 Calle Negocio, Suite #100
San Clemente, CA 92672
Recorded for the benefit of the City of San
Clemente and exempt from recording fees
pursuant to Government Code Section 27383.

Space above this line is for Recorder’s Use Only

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

1. Project title or description of work: Calafia Pump Station Flow Meter and Vault Replacement, CIP Project No. 24401

2. Date of completion: June 27, 2023

3. Street address or legal description of the project site: 250 Avenida Calafia, San Clemente, CA 92672

4. Name of owner: City of San Clemente

5. Interest or estate of owner: Fee

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

7. Name and address of contractor: Vicon Enterprise, Inc., 5433 Spyglass Way, Anaheim, CA, 92807
I am the Public Works Director/City Engineer for the City of San Clemente, a Municipal Corporation, the owner of the indicated interest or estate in the property described above.

Executed on __________________________ in San Clemente, California. ____________________________________
David Rebensdorf, Public Works Director
City of San Clemente
121

AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 1/17/2023 Agenda Item: 6J.

Department: Utilities
Prepared By: David Rebensdorf, Utilities Director
Subject:

CONSTRUCTION CONTRACT AWARD TO VICON ENTERPRISE, INC. FOR CALAFIA PUMP STATION FLOW METER AND VAULT REPLACEMENT, PROJECT NO. 24401 Fiscal Impact:

There is available funding for the estimated project cost of $127,410 from the Water Fund Depreciation Reserve. Due to limited available funding within Account Number 052-466-43420-000- 24401, staff is recommending a transfer from Account Number 052-466-43470-000-21403 to 052-466 -43420-000-24401 for $80,000.

Summary:

Staff recommends approval of a construction contract with Vicon Enterprise, Inc., in the amount of $79,500 for the Calafia Pump Station Flow Meter and Vault Replacement, and a budget transfer of $80,000.

Background:

Calafia Pump Station provides recycled water to a storage pond that serves the City’s Municipal Golf Course. A flow meter in a concrete vault located adjacent to the pump station measures recycled water delivered to the pond. The flow meter is no longer functioning and is at the end of its useful life.

Staff is additionally recommending replacement of the existing concrete vault because it is too small to allow for proper maintenance of the new flowmeter. To provide an accurate measurement of recycled water delivery to the golf course pond, MBF Consulting prepared plans and specifications to replace the flow meter and the undersized concrete vault.

Discussion:

The Calafia Pump Station Flow Meter and Vault Replacement Project was advertised for public bidding on Planet Bids; six electronic bids were received on December 1, 2022. The result from the bid opening is presented in the attached Bidder’s Listing (Attachment 2). The lowest responsive and responsible base bid of $79,500 was received from Vicon Enterprise, Inc.

Based on the low bid, project costs are estimated as follows:

Administration and Engineering Design $ 27,960
Construction Management and Inspection 12,000
Construction 79,500
Construction Contingency (approx. 10%) 7,950
Total Estimated Project Cost $ 127,410
As required by City Policy and State Law, the contractor will be required to provide performance and CITY OF SAN CLEMENTE Page 1 of 2 Printed on 1/12/2023
powered by Legistar™ 1
Attachment 3
122
Meeting Date: 1/17/2023 Agenda Item: 6J.

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. A warranty bond will also be required prior to City Council acceptance of the project.

Plan and Policy Consistency:

The approval is consistent with the following General Plan Goals and Policies:
· Goal: Maintain and improve a comprehensive system of potable water supply, storage and distribution, and wastewater treatment, reclamation, and reuse to meet daily and emergency needs in San Clemente.
· Policy PSFU-5.08. Recycled Water. We encourage, and in some cases require, the use of recycled water when available through a Mandatory Use Ordinance.

Council Strategy:

The project is consistent with Council Strategy 3 - Update and maintain Infrastructure that reflects best available technology and service in that the project replaces a flow meter at the end of its useful life and installs a larger concrete vault for improve access and maintenance of the flow meter hence increasing the life expectancy of the replaced asset.

Recommended Actions:

Staff Recommendation
Staff Recommends that the City Council:

1. Approve the Plans and Specifications for Calafia Pump Station Flow Meter and Vault Replacement, Project No. 24401; and

2. Approve and authorize the Utilities Director to execute, Contract ________, by and between the City of San Clemente and Vicon Enterprise, Inc., in the amount of $79,500 for Calafia Pump Station Flow Meter and Vault Replacement, Project No. 24401.

3. Approve a budget transfer of $80,000 from Account #052-466-43470-000-21403 to Account #052-466-43420-000-24401.

Attachment:

1. Location Map

2. Bidder’s Listing

3. Contract with Vicon Enterprise, Inc. (without attachments) Notification:

None.

CITY OF SAN CLEMENTE Page 2 of 2 Printed on 1/12/2023
powered by Legistar™1232

S ALAMOS

AVE LOBEIRO

AVE MONTALVO

AVE CALAFIA

PLAZA A LA PLAYA CLE CAPRI

AVE DE LA RIVIERA AVE MAGD
A. T. & S. F. R. R.

MONTE CRISTO MONACO

CLE MONTE CARLO CLE MADIERA

CLE MAJORCA

PACIFIC OCEAN

CALAFIA

TEST WELL

SAN CLEMENTE

STATE BEACH

AT&SF RR
Calafia Pump Station Flow Meter and
Vault Replacement

NOT TO SCALE
PN 24401

PROJECT

LOCATION

LOCATION MAP
Attachment 1
1243
BIDDER’S LISTING
BID OPEN TIME: 2:00 PM
BID OPEN DATE: 12/01/2022
PRESENT: Electronic Bid (Planet Bids)
Subject: Bid Opening
Project: Calafia Pump Station Flow Meter and Vault Replacement – Project 24401 No. of Bids: 6
Company Information Bid
Bond,
Etc.

City Bidder is
from
Addendums Amount
1 Vicon Enterprise Inc. √ Anaheim $79,500.00
2 ISSA Electric Inc. √ Riverside $88,250.00
3 Jennette Company Inc. √ San Diego $90,725.00
4 T.E. Roberts, Inc. √ Irvine $96,625.00
5 Advanced Construction
Services, Inc.
√ Fallbrook $98,838.00
6 GCI Construction, Inc. √ San Clemente $99,050.00
Attachment 2
1254
55452.01510\32905704.2
32 SECTION 00500

CONTRACT
SECTION 00500

CONTRACT
THIS CONTRACT is made this _____ day of _________, 2023, in the County of Orange, State of California, by and between the City of San Clemente hereinafter called City, and Vicon Enterprise, Inc., hereinafter called Contractor. City and the Contractor for the considerations stated herein agree as follows:

CALAFIA PUMP STATION FLOW METER AND VAULT REPLACEMENT
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 40 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 Seventy Nine Thousand Five Hundred Dollars ($79,500). Payment shall be made as set forth in the General Conditions.

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
Bid Form
Attachment 3
1265
SECTION 00500

CONTRACT
55452.01510\32905704.2
33 SECTION 00500

CONTRACT
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.

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

IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and year above written.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed on the respective dates set forth opposite of their signatures. 1276
SECTION 00500

CONTRACT
55452.01510\32905704.2
34 SECTION 00500

CONTRACT

CITY OF SAN CLEMENTE
By:________________________________
ATTEST: Its:_______________________________
______________________________ Dated: ____________________, 20____ CITY CLERK of the City of
San Clemente, California
APPROVED AS TO FORM:

BEST BEST & KRIEGER
____________________________
City Attorney

APPROVED AS TO AVAILABILITY
OF FUNDING:
________________________________
Finance Authorization
__________________________
(“CONTRACTOR”)
By:_____________________________
Its:_____________________________
Dated: __________________, 20____

END OF CONTRACT
1287
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: May 21, 2024 Agenda Item: 11F.

Submitted By: Public Works
Prepared By: Dustin Burnside, Utilities Manager
Subject:
..titl e

CONSIDERATION OF A RESOLUTION AWARDING A CONSTRUCTION CONTRACT TO JENNETTE COMPANY, INC. FOR RESERVOIRS 5A AND 10 CHEMICAL LINES IMPROVEMENT, CIP PROJECT NO. 24404, IN AN AMOUNT NOT TO EXCEED $149,845,

AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT, AND FINDING THE

PROJECT CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL

QUALITY ACT
..body
Fiscal Impact:

The estimated total project construction cost of $149,845 is within the approved budget amount of $150,000 from the Water Fund Depreciation Reserve, Account No. 052-466-43420-000-24404.

Summary:

The Reservoir 5A and 10 chemical lines are in need of replacement to allow continued delivery of safe and reliable water. Before the City Council is the award of a construction contract to Jennette Company, Inc. in an amount not to exceed $130,300, plus a 15% construction contingency, for the Reservoir 5A and 10 Chemical Lines Improvement project.

Background:

As water travels through the distribution system, it slowly loses its disinfection residual depending on a number of factors, including temperature. During summer months, water system demands require an increase in water storage and an increase in disinfection residual to maintain water quality. Water storage reservoirs 5A and 10 have water quality control equipment in order to maintain adequate disinfection residuals for safe and reliable water delivery for the City of San Clemente. The Reservoir 5A and 10 chemical lines are in need of replacement, and the new installation will give staff the ability to make a quick repair in the event of a chemical leak, which the current chemical lines do not allow.
129
Meeting Date: May 21, 2024 Agenda Item: 11F.

CITY OF SAN CLEMENTE 2
Staff prepared a bid package and advertised the project for competitive bidding on the PlanetBids website and in the San Clemente Times and bids were opened on April 22, 2024. The bids ranged from $130,300 to $221,000. While local contractors were 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 Jennette Company, Inc. with a total bid amount of $76,515. The bid package included a proposal for Reservoir 5A and an alternate proposal to add a project at Reservoir 10.

COMPANY NAME COMPANY

LOCATION
BID
AMOUNT
BID

ALTERNATE
Jennette Company, Inc San Diego, CA $76,515 $130,300
O’Connell Engineering & Construction,
Inc.

Winchester, CA $95,150 $148,935
Vicon Enterprise Inc Anaheim, CA $120,500 $221,000
Based on the lowest base bid from Jennette Company, Inc., including the bid alternate for a total amount of $149,845, the total estimated project cost is summarized in the table below:

Reservoir 5A (Construction) $76,515
Reservoir 10 (Construction) $53,785
Construction Contingency (15%) $19,545
Total Estimated Construction Cost $149,845
As required by state law and City policy, 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. 24-75, awarding the construction contract to Jennette Company, Inc., for the Reservoir 5A and 10 Chemical Lines Improvement, authorizing the City Manager to execute a construction contract for an amount not to exceed $130,300, authorizing a 15% 130
Meeting Date: May 21, 2024 Agenda Item: 11F.

CITY OF SAN CLEMENTE 3
construction contingency of $19,545, 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. 24-75.
 Continue the item and direct staff to provide additional information.  Do not award the contract or replace Reservoir 5A and 10 chemical lines.

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 repairs to existing City facilities, involves negligible or no expansion of existing or former use and there is no possibility of a direct or reasonably foreseeable indirect effect on the environment.

Recommended Actions:

Staff Recommendation ..recommendation
Staff recommends that the City Council adopt Resolution No. 24-75, which will:

2. Award the Reservoir 5A and 10 Chemical Lines Improvement, CIP Project No. 24404, contract to Jennette Company, Inc., including the bid alternate;

3. Authorize the City Manager to execute a contract with Jennette Company, Inc. in an amount not to exceed $130,300, in a form substantially similar to Contract No. C24-24 (Attachment 2) for the Reservoir 5A and 10 Chemical Lines Improvement, CIP Project No. 24404; and

4. Approve a 15% construction contingency of $19,545 for this project. ..endAttachment:

1. Resolution No. 24-75

2. Contract No. C24-24

3. CEQA Notice of Exemption Form
Notification:

All Bidders
131
RESOLUTION NO. 24-75

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, AWARDING A

CONSTRUCTION CONTRACT TO JENNETTE COMPANY,
INC. FOR THE RESERVOIR 5A AND 10 CHEMICAL LINES

IMPROVEMENT IN AN AMOUNT NOT TO EXCEED
$130,300, PLUS A 15% PROJECT CONTINGENCY,

AUTHORIZING THE CITY MANAGER TO EXECUTE THE

CONTRACT AND FINDING THE PROJECT

CATEGORICALLY EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY (CEQA) UNDER CLASS 1
(EXISTING FACILITIES, 14 CCR SECTION 15301) OF THE

STATE CEQA GUIDELINES
WHEREAS, the City of San Clemente operates water reservoirs for water storage and maintains chemical disinfection equipment at three of these reservoirs; and WHEREAS, the City conducted formal competitive bidding for the Reservoir 5A and 10 Chemical Lines Improvement Project No. 24404 (Project); and WHEREAS, on April 22, 2024, the City received 3 bids ranging from $130,300 to $221,000 for the Project; and
WHEREAS, Jennette Company, Inc. was the lowest responsive and responsible bidder with a bid of $130,300.

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

Section 1. That the above recitals are true and correct and incorporated herein as findings.

Section 2. That based on substantial evidence in the record as a whole, 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.

Section 3. That the Construction Contract for the Reservoir 5A and 10 Chemical Lines Improvement, Project No. 24404 is awarded to Jennette Company, Inc.

Section 4. That the City Manager is authorized and directed to execute a construction contract for the Reservoir 5A and 10 Chemical Lines Improvement, CIP Project No. 24404 with Jennette Company in an amount not to exceed $130,300, plus a 15% project contingency of $19,545, in a form substantially similar to that presented to the City Council on May 21, 2024.

Section 5. The City Clerk shall certify to the passage and adoption of this resolution Attachment 1
132
Resolution No. 24-75 Page 2
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

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. 24-75 was adopted at a regular meeting of the City Council of the City of San Clemente held on the _______ day of _______________________, _________, by the following vote:

AYES:

NOES:

ABSENT:

CONTRACT
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 Jennette Company, Inc., hereinafter called Contractor. City and the Contractor for the considerations stated herein agree as follows:

RESERVOIRS 5A AND 10 CHEMICAL LINES IMPROVEMENTS, PN 24404 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 thirty (30) 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 Thirty Thousand Three Hundred Dollars ($130,300). Payment shall be made as set forth in the General Conditions.

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 $1,000 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
Bid Form
Contractor’s Certificate Regarding Workers’ Compensation Bid Bond
Attachment 2
134
Non-Collusion Declaration Form
Contractor Information and Experience Form
List of Subcontractors 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.

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.
[SIGNATURES ON FOLLOWING PAGE]
135
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be duly executed effective as of the day and year first written above.

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

Jennette Company Inc., a
California corporation
(“CONTRACTOR”)
By:_____________________________
Brian Jennette, Chief Executive
Officer, Secretary, Chief Financial
Officer
Dated: __________________, 2024

END OF CONTRACT
136

Statutory Exemptions. State code number:

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

Project Location - City: ______________________ Project Location - County:

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

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

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

1. Attach certified document of exemption finding.

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

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

Reference: Sections 21108, 21152, and 21152.1, Public Resources Code. _______________
Categorical Exemption. State type and section number: ____________________________________ ______________________________________________
______________ Title: _______________________
Revised 2011
Attachment 3
137
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: May 21, 2024 Agenda Item: 11G.

Submitted By: Public Works
Prepared By: Dustin Burnside, Utilities Manager
Subject:
..titl e

CONSIDERATION OF A RESOLUTION APPROVING THE PURCHASE OF TWO

PROGRAMMABLE LOGIC CONTROLLERS AND INSTALLATION MATERIALS FROM

ONESOURCE DISTRIBUTORS, A SOLE SOURCE VENDOR, FOR REPLACEMENT AT THE CITY’S WATER RECLAMATION PLANT, CIP PROJECT NO. 12605, AND FINDING THE

PROJECT CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL

QUALITY ACT
..body
Fiscal Impact:

The estimated cost of $122,794 for the purchase of two Programmable Logic Controllers (PLCs) and installation materials is within the approved budget amount of $375,300 from the Sewer Fund Depreciation Reserve, Account Number 054-476-45300-000-12605.

Summary:

Programmable Logic Controllers (PLCs) are industrial computers that are used to automate water treatment processes as part of a Supervisory Control and Data Acquisition (SCADA) system. The City has over 70 PLCs installed to automate, collect, and control various equipment throughout the City’s Utilities Operations. These PLCs are critical to the City’s infrastructure and some have been in service since the 1990’s, well beyond their useful life. The two being replaced at the Water Reclamation Plant, control the water flows and initial screening at the Headworks Building.

Before the City Council is consideration of a resolution authorizing expenditures for Fiscal Year 2023-2024 for the purchase of two PLCs, cabinets, and necessary parts and materials to replace the equipment using City staff. The recommended purchase will be from OneSource Distributors, based on the attached Sole Source Justification document for Allen Bradley components, and lowest quote for other necessary materials to complete the install. The total for the Allen Bradley specific components is $109,147, and the remaining materials is $13,647, for a total of $122,794.

Background:

The City uses Allen Bradley components for compatibility with our existing SCADA system, and for their functionality, reliability, and ease of use. Rockwell Automation, who is the parent company of Allen Bradley, has submitted a Sole Source Justification letter (Attachment 6), advising that OneSource Distributors is the sole source distributor for Allen Bradley components in our region.
138
Meeting Date: May 21, 2024 Agenda Item: 11G.

CITY OF SAN CLEMENTE 2
Some other parts and materials that are not made by Allen Bradley are needed to complete the installation. Staff obtained three quotes for those other materials, and OneSource Distributors was the lowest of the quotes received at $13,646.96.

City Policy Number 201-2-1 “Purchasing Policies & Procedures for Supplies, Materials and Equipment” allows for the purchase of the sole source Allen-Bradley components as follows:
 Section 6.2.3 of the Policy allows these types of purchases under a “Contract Purchase Order” which is an agreement whereby the terms and conditions, pricing, and special provisions are agreed to and apply to individual commitments within a pre-established time period. The price quotes from OneSource Distributors would result in Contract Purchase Orders.  Section 6.17.2 of the Policy allows for exemption from the Informal and Formal Bidding Process for “Sole Source” suppliers which allows approval of the attached price quote with OneSource Distributors since they are the only distributor in Southern California for Allen Bradley components.

Staff reached out to the following bidders for the non-Allen Bradley installation materials, including Consumer Electrical Distributors, Inc., who has a branch located in San Clemente, and received the following quotes:

BIDDER AMOUNT
1 OneSource Distributors $13,646.96
2 Walters Wholesale Electric Co. $17,723.71
3 Consumer Electrical Distributors, Inc. $17,781.16
139
Meeting Date: May 21, 2024 Agenda Item: 11G.

CITY OF SAN CLEMENTE 3
Council Options:
 Adopt Resolution No. 24-76, which will authorize the purchase of two Programmable Logic Controllers and installation materials from OneSource Distributors for replacement at the City’s Water Reclamation Plant, CIP Project No. 12605, and finding the project categorically exempt from the California Environmental Quality Act.
 Modify and approve Resolution No. 24-76.
 Continue the Item and direct staff to provide additional information.  Deny the request to fund the purchase of two Programmable Logic Controllers and installation materials.

Environmental Review/Analysis:

Staff recommends that the City Council determine this action to be categorically exempt from the California Environmental Quality Act (CEQA) under Class 2 (Replacement or Reconstruction, 14 CCR Section 15302) of the State CEQA Guidelines because it consists of replacement of existing City equipment, involves negligible or no expansion of existing or former use and there is no possibility of a direct or reasonably foreseeable indirect effect on the environment.

Recommended Actions:

Staff Recommendation
..recommendation
STAFF RECOMENDS THAT the City Council adopt Resolution No. 24-76, which will:

1. Approve the expenditure for PLCs for Fiscal Year 2023-24 for a total amount not to exceed $122,794; and

2. Approve the purchase of two replacement PLCs and installation materials from OneSource Distributors, as a sole source vendor for Allen Bradley components, and low bidder on other materials, based on the attached fixed price quotes; and 140
Meeting Date: May 21, 2024 Agenda Item: 11G.

CITY OF SAN CLEMENTE 4

3. Find the project categorically exempt from the California Environmental Quality Act (CEQA) under Class 2 (Replacement or Reconstruction, 14 CCR Section 15302) of the State CEQA Guidelines.
..end
Attachments:

1. Resolution No. 24-76

2. Price quotes for PLCs and installation materials from OneSource Distributors

3. Price quote for installation materials from Walters Wholesale Electric Co.

4. Price quote for Consumer Electronical Distributors, Inc. with a branch in San Clemente.

5. CEQA Notice of Exemption Form

6. Rockwell Automation Sole Source Justification Letter Notification:

None.
141
RESOLUTION NO. 24-76

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, AUTHORIZING THE

PURCHASE OF TWO PROGRAMMABLE LOGIC

CONTROLLERS AND INSTALLATION MATERIALS FROM

ONESOURCE DISTRIBUTORS IN AN AMOUNT NOT TO
EXCEED $122,794, AND FINDING THE PROJECT

CATEGORICALLY EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT (CEQA) UNDER
SECTION 15302, CLASS 2 REPLACEMENT OR

RECONSTRUCTION OF THE STATE CEQA

GUIDELINES
WHEREAS, the City of San Clemente operates automated equipment requiring the use of Programmable Logic Controllers (PLCs); and
WHEREAS, the Water Reclamation Plant Headworks PLCs are beyond their useful life and in need of replacement; and
WHEREAS, to maintain compatibility with the City’s current the Supervisory Control and Data Acquisition (SCADA) system and for functionality, reliability, and ease of use, certain Allen Bradley components are required to replace the Water Reclamation Plant Headworks PLCs; and
WHEREAS, OneSource Distributors is the only authorized provider for Allen Bradley components in the region and is the lowest bidder for the remaining installation materials; and
WHEREAS, Section 6.17.2 of City Policy Number 201-2-1 (Purchasing Policies & Procedures for Supplies, Materials and Equipment) allows for an exemption from the Informal and Formal Bidding Process for sole source suppliers within the geographic region; and
WHEREAS, after purchasing the PLCs and installation materials, the replacement work can be done by City staff and is in the best interest of the City.

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

Section 1. That the above recitals are true and correct and incorporated herein as findings.

Section 2. That based on substantial evidence in the record as a whole, this project is categorically exempt from the California Environmental Quality Act (CEQA) under Section 15302, Class 2 Replacement or Reconstruction of the State CEQA Guidelines, because it consists of replacement of existing structures and equipment where the new structures will be located on the same site as the structures replaced, and will have Attachment 1
142
Resolution No. 24-76 Page 2
substantially the same purpose and capacity as the structures replaced involving negligible or no expansion of existing or former use, and there is no reasonable possibility that the activity will have a significant direct or foreseeable indirect effect on the environment.

Section 3. That OneSource Distributors is a sole source vendor for Allen Bradley components and the lowest responsive and responsible bidder for the installation materials.

Section 4. That the expenditure for two PLCs for Fiscal Year 2023-24 for a total amount not to exceed $122,794 is hereby approved.

Section 5. That the purchase of two replacement PLCs and installation materials from OneSource Distributors, as a sole source vendor for Allen Bradley components, and low bidder on other installation materials, based on the fixed price quotes presented to City Council on May 21, 2024 is hereby approved.

Section 6. That the City Manager or his designee is authorized and directed to execute such documents and take such actions as are necessary and proper to complete the purchase approved herein.

Section 7. 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
143
Resolution No. 24-76 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. 24-76 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 Mitchell, City Attorney
144
** Continued on Next Page *
Subtotal
S&H Charges
Tax
Amount Due

CITY OF SAN CLEMENTE
380 AVENIDA PICO
SAN CLEMENTE, CA 92672
4278 N HARBOR BLVD
FULLERTON, CA 92835
714-685-5340 Fax 714-670-9656
Acknowledgement
WRITER SALESPERSON RELEASE #

ORDER DATE SHIP VIA WAREHOUSE

FREIGHT ALLOWED
Marty Crotty Jr., x5350 Marty Crotty Jr., x5350 SA042524 05/08/2024 N6A - RTE N6A Shp: 99 Prc: 12
Yes

ORDERED DESCRIPTION
SOLD TO:

CITY OF SAN CLEMENTE
380 AVENIDA PICO
SAN CLEMENTE, CA 92672
SHIP TO:

ORDER # S007457714
PAGE # 1 of 3

UNIT PRICE EXT PRICE
P/O # Non-Rockwell

SHIP DATE
05/24/2024

ORDERED BY
Shane A
Printed By : MARTYC on 5/8/2024 3:59:42 PM
1ea HOFF A907220FSDG Two-Door Fs 3049.778/EA 3049.78
Enclosure Type 12
NON STOCK ESTIMATED 2-3 WEEK
LEADTIME + TRANSIT IN.

Nonstock item may not be returnable
1ea HOFF A90P72F1 FULL PANEL 924.704/ea 924.70
NON STOCK ESTIMATED 2-3 WEEK LEAD
TIME FROM IN.

Loc: S400A01
1ea NV CH 9PX1500RT-L EATON 9PX 1500 2934.723/ea 2934.72 RT2U LI-ION
Nonstock item may not be returnable
NON STOCK ESTIMATED 30 DAYS
1ea GRN 36279 DIE,RD 1.218 (30.5) STD 26.368/ea 26.37
(3/8"D/S)
Nonstock item may not be returnable

FACTORY STOCK
102ft PAND F4X4LG6 Panduct Type F Narrow 11.870/ft 1210.74 Slot Wiring Duct, 4" W x 4" H, 6'
Length, PVC, Light Gray
sold of 6ft lengths
Factory stock
Loc: A128E03
Attachment 2
145
** Continued on Next Page *
Subtotal
S&H Charges
Tax
Amount Due

CITY OF SAN CLEMENTE
380 AVENIDA PICO
SAN CLEMENTE, CA 92672
4278 N HARBOR BLVD
FULLERTON, CA 92835
714-685-5340 Fax 714-670-9656
Acknowledgement
WRITER SALESPERSON RELEASE #

ORDER DATE SHIP VIA WAREHOUSE

FREIGHT ALLOWED
Marty Crotty Jr., x5350 Marty Crotty Jr., x5350 SA042524 05/08/2024 N6A - RTE N6A Shp: 99 Prc: 12
Yes

ORDERED DESCRIPTION
SOLD TO:

CITY OF SAN CLEMENTE
380 AVENIDA PICO
SAN CLEMENTE, CA 92672
SHIP TO:

ORDER # S007457714
PAGE # 2 of 3

UNIT PRICE EXT PRICE
P/O # Non-Rockwell

SHIP DATE
05/24/2024

ORDERED BY
Shane A
Printed By : MARTYC on 5/8/2024 3:59:42 PM
102ft PAND C4LG6-F Duct Cover With 1.387/ft 141.47
Protective Film, 4" W x 6' Length,
PVC, Light Gray
Loc: A121C04
102ft PAND F6X4LG6 Narrow Slotted Duct 16.419/ft 1674.74 PVC 6 X 4 X 6'
Nonstock item may not be returnable
factory stock
120ft PAND C6LG6 WIRING DUCT COVER 8.431/FT 1011.72
sold std package 120ft
factory stock
Nonstock item may not be returnable
500ft WI 12 XHHW-2 CU BK 500' 274.839/M 137.42
Nonstock item may not be returnable
500ft WIC 12 XHHW2 RED 600V 274.839/M 137.42
Nonstock item may not be returnable
500ft WI 12 XHHW-2 CU WHITE 500' 274.839/M 137.42
Nonstock item may not be returnable
500ft WI 12 XHHW-2 STRND GREEN 274.839/M 137.42
Nonstock item may not be returnable
1000ft WIC 14 XHHW2 STRND CU RED 500' 202.452/m 202.45
500ft WIC 14 XHHW-2 STRND CU WHT 500' 202.452/m 101.23
Nonstock item may not be returnable
500ft WI 14 XHHW-2 STRAND GREEN 202.452/M 101.23
Nonstock item may not be returnable
146
Subtotal 12665.39
S&H Charges 0.00
Tax 981.57
Amount Due 13646.96

CITY OF SAN CLEMENTE
380 AVENIDA PICO
SAN CLEMENTE, CA 92672
4278 N HARBOR BLVD
FULLERTON, CA 92835
714-685-5340 Fax 714-670-9656
Acknowledgement
WRITER SALESPERSON RELEASE #

ORDER DATE SHIP VIA WAREHOUSE

FREIGHT ALLOWED
Marty Crotty Jr., x5350 Marty Crotty Jr., x5350 SA042524 05/08/2024 N6A - RTE N6A Shp: 99 Prc: 12
Yes

ORDERED DESCRIPTION
SOLD TO:

CITY OF SAN CLEMENTE
380 AVENIDA PICO
SAN CLEMENTE, CA 92672
SHIP TO:

ORDER # S007457714
PAGE # 3 of 3

UNIT PRICE EXT PRICE
P/O # Non-Rockwell

SHIP DATE
05/24/2024

ORDERED BY
Shane A
Printed By : MARTYC on 5/8/2024 3:59:42 PM
1000ft WIC 14 XHHW-2 STRND CU BLU 500' 202.452/m 202.45 Nonstock item may not be returnable
500ft WIC 12 XHHW-2 STRND CU BLU 500' 274.839/m 137.42
Nonstock item may not be returnable
1000ft ^OMNI M714ST-05 14 XHHW BLUE w/ 210.028/m 210.03 white stripe
Nonstock item may not be returnable
quote# 9368485
500ft ^OMNI M714ST-09 14 XHHW-2 PUR 186.667/m 93.33
Plus frt
local stock
Nonstock item may not be returnable
500ft ^OMNI M714ST-11 14 XHHW-2 STR PINK 186.667/m 93.33 500SPL
Nonstock item may not be returnable
NON STOCK - 1-2 WEEKS NV PLUS FRT
All 5069 series Factory stock
147
** Continued on Next Page *
Subtotal
S&H Charges
Tax
Amount Due

CITY OF SAN CLEMENTE
380 AVENIDA PICO
SAN CLEMENTE, CA 92672
4278 N HARBOR BLVD
FULLERTON, CA 92835
714-685-5340 Fax 714-670-9656
Acknowledgement
WRITER SALESPERSON RELEASE #

ORDER DATE SHIP VIA WAREHOUSE

FREIGHT ALLOWED
Marty Crotty Jr., x5350 Marty Crotty Jr., x5350 SA042524 05/08/2024 N6A - RTE N6A Shp: 99 Prc: 12
Yes

ORDERED DESCRIPTION
SOLD TO:

CITY OF SAN CLEMENTE
380 AVENIDA PICO
SAN CLEMENTE, CA 92672
SHIP TO:

ORDER # S007457714
PAGE # 1 of 6

UNIT PRICE EXT PRICE
P/O # Rockwell

SHIP DATE
05/28/2024

ORDERED BY
Shane A
Printed By : MARTYC on 5/8/2024 4:00:25 PM
1ea AB 2711P-T12W22D9P-BSHK PanelView 5676.508/ea 5676.51 Plus 7 Graphic Terminal
***2-3WKS +Transit ARO***
30ea AB 800T-QBH2R 800T 30 mm 193.080/ea 5792.40
Illuminated Push Button
** REPLACES 800T-QBH10R **
***Factory STK***
Loc: B313E02 V022009
30ea AB 800T-QBH2G 800T 30 mm 193.080/ea 5792.40
Illuminated Push Button
***Factory STK***
Loc: V011012 B322B01
30ea AB 800T-J2B 30.5mm Type 4/13 3 Pos. 132.675/ea 3980.25 Sel. Switch-Non-Illum., White, Std.

Knob Maint.

Loc: V022013 B233Z03
5ea AB 800T-A2D1 30.5mm Type 4/13 Mom. 56.875/ea 284.38 Contact PB, Non-Illum., Black,
Flush Hd, 1 NO
Loc: V022004 B216G04
500ea AB 1492-P4 IEC Feed-Through Push-in 1.325/ea 662.50 Terminal Block
Loc: B224C04 V022009
148
** Continued on Next Page *
Subtotal
S&H Charges
Tax
Amount Due

CITY OF SAN CLEMENTE
380 AVENIDA PICO
SAN CLEMENTE, CA 92672
4278 N HARBOR BLVD
FULLERTON, CA 92835
714-685-5340 Fax 714-670-9656
Acknowledgement
WRITER SALESPERSON RELEASE #

ORDER DATE SHIP VIA WAREHOUSE

FREIGHT ALLOWED
Marty Crotty Jr., x5350 Marty Crotty Jr., x5350 SA042524 05/08/2024 N6A - RTE N6A Shp: 99 Prc: 12
Yes

ORDERED DESCRIPTION
SOLD TO:

CITY OF SAN CLEMENTE
380 AVENIDA PICO
SAN CLEMENTE, CA 92672
SHIP TO:

ORDER # S007457714
PAGE # 2 of 6

UNIT PRICE EXT PRICE
P/O # Rockwell

SHIP DATE
05/28/2024

ORDERED BY
Shane A
Printed By : MARTYC on 5/8/2024 4:00:25 PM
50ea AB 1492-EBP4 IEC Push-in Terminal 0.838/ea 41.90
Block End Barrier
Loc: B216J05
20ea AB 1492-CJP4-10 IEC Terminal Block 5.675/ea 113.50 Center Jumper 10-Pole
Loc: V022012
100ea AB 1492-PG4 IEC Ground Push-in 5.125/ea 512.50
Terminal Block
Loc: V011013 B315C03
50ea AB 1492-EAP35 IEC Terminal Block 2.450/ea 122.50
End Anchor
Loc: B213I07 V022006
10ea AB 1492-MR6X8 Snap-In Marker Card, 8.875/ea 88.75
6 mm x 8 mm, No Text, Pkg Qty of 5
Loc: V022048
500ea AB 1492-J4 IEC 1-Circuit Terminal 1.388/ea 694.00 Block, Standard Feed-Through, 4mm
Max Wire - Gray (100/Pkg)
Loc: A302D02 V011016 A302D02@1
50ea AB 1492-EBJ3 End Barrier Gray Pkg. 0.900/ea 45.00
Qty. of 50
Loc: V011020 B211A04
149
** Continued on Next Page *
Subtotal
S&H Charges
Tax
Amount Due

CITY OF SAN CLEMENTE
380 AVENIDA PICO
SAN CLEMENTE, CA 92672
4278 N HARBOR BLVD
FULLERTON, CA 92835
714-685-5340 Fax 714-670-9656
Acknowledgement
WRITER SALESPERSON RELEASE #

ORDER DATE SHIP VIA WAREHOUSE

FREIGHT ALLOWED
Marty Crotty Jr., x5350 Marty Crotty Jr., x5350 SA042524 05/08/2024 N6A - RTE N6A Shp: 99 Prc: 12
Yes

ORDERED DESCRIPTION
SOLD TO:

CITY OF SAN CLEMENTE
380 AVENIDA PICO
SAN CLEMENTE, CA 92672
SHIP TO:

ORDER # S007457714
PAGE # 3 of 6

UNIT PRICE EXT PRICE
P/O # Rockwell

SHIP DATE
05/28/2024

ORDERED BY
Shane A
Printed By : MARTYC on 5/8/2024 4:00:25 PM
20ea AB 1492-CJLJ6-10 Plug-In Center 5.650/ea 113.00
Jumper 6 mm center-to-center 10
Pole Yellow Pkg. Qty. of 20
Loc: B211E07
100ea AB 1492-JG4 IEC 1-Circuit 6.538/ea 653.80
Feed-Through Ground Block, 4mm max.
wire, Green/Yellow,
Green/Yellow,Pkg. Qty. of 100
Loc: V022028 B211A02
50ea AB 1492-EAJ35 End Anchor used w/ 2.438/ea 121.90
Standard 35mm Din Rail Gray Pkg.

Qty. of 100
Loc: V011037 A310D01 A310D01@1
10ea AB 1492-M6X12 Snap-In Marker Card, 13.075/ea 130.75 6 mm x 12 mm, No Text, White
Pkg. Qty. of 5
Loc: V011003 B231C03
30ea AB 199-DR1 Zinc Plated, Chromated 11.875/ea 356.25 Steel, 35mm x 7.5mm DIN Rail, 1
Meter (Pkg. Qty. 10)
Loc: A205A03
10ea AB 1492-SPM1C010 MCB Supplementary 51.188/ea 511.88 Protector 1 A
Loc: B217E08 V011001
150
** Continued on Next Page *
Subtotal
S&H Charges
Tax
Amount Due

CITY OF SAN CLEMENTE
380 AVENIDA PICO
SAN CLEMENTE, CA 92672
4278 N HARBOR BLVD
FULLERTON, CA 92835
714-685-5340 Fax 714-670-9656
Acknowledgement
WRITER SALESPERSON RELEASE #

ORDER DATE SHIP VIA WAREHOUSE

FREIGHT ALLOWED
Marty Crotty Jr., x5350 Marty Crotty Jr., x5350 SA042524 05/08/2024 N6A - RTE N6A Shp: 99 Prc: 12
Yes

ORDERED DESCRIPTION
SOLD TO:

CITY OF SAN CLEMENTE
380 AVENIDA PICO
SAN CLEMENTE, CA 92672
SHIP TO:

ORDER # S007457714
PAGE # 4 of 6

UNIT PRICE EXT PRICE
P/O # Rockwell

SHIP DATE
05/28/2024

ORDERED BY
Shane A
Printed By : MARTYC on 5/8/2024 4:00:25 PM
10ea AB 1492-SPM1C020 MCB Supplementary 51.188/ea 511.88 Protector 2 A
Loc: V022015 B213C01
10ea AB 1492-SPM1C050 MCB Supplementary 51.188/ea 511.88 Protector 5 A

FACTORY STOCK
Loc: V011016 B218Z01
10ea AB 1492-SPM1C100 MCB Supplementary 49.050/ea 490.50 Protector 10A
ESTIMATED 2-3 DAY LEADTIME FROM

FACTORY
Loc: B229B06 V022014
10ea AB 1492-SPM1C150 MCB Supplementary 49.050/ea 490.50 Protector 15 A

FACTORY STOCK
Loc: B230I04
10ea AB 1492-SPM1C200 MCB Supplementary 49.050/ea 490.50 Protector 20 A

FACTORY STOCK
Loc: B222F08 V011005
1ea AB 1783-MMS10ER Stratix 5800 7810.263/ea 7810.26
Managed Switch
Nonstock item may not be returnable
All 5069 series Factory stock
151
** Continued on Next Page *
Subtotal
S&H Charges
Tax
Amount Due

CITY OF SAN CLEMENTE
380 AVENIDA PICO
SAN CLEMENTE, CA 92672
4278 N HARBOR BLVD
FULLERTON, CA 92835
714-685-5340 Fax 714-670-9656
Acknowledgement
WRITER SALESPERSON RELEASE #

ORDER DATE SHIP VIA WAREHOUSE

FREIGHT ALLOWED
Marty Crotty Jr., x5350 Marty Crotty Jr., x5350 SA042524 05/08/2024 N6A - RTE N6A Shp: 99 Prc: 12
Yes

ORDERED DESCRIPTION
SOLD TO:

CITY OF SAN CLEMENTE
380 AVENIDA PICO
SAN CLEMENTE, CA 92672
SHIP TO:

ORDER # S007457714
PAGE # 5 of 6

UNIT PRICE EXT PRICE
P/O # Rockwell

SHIP DATE
05/28/2024

ORDERED BY
Shane A
Printed By : MARTYC on 5/8/2024 4:00:25 PM
2ea AB 5069-L330ERMK CompactLogix 3MB 8384.409/ea 16768.82 Enet Motion Controller
2ea AB 5069-FPD 5069 Field Potential 176.922/ea 353.84
Distributor
Loc: B223D06
8ea AB 5069-IA16 Compact 5000 AC Input 425.943/ea 3407.54 Module
Loc: B211F05
8ea AB 5069-OA16 Compact 5000 AC Output 767.367/ea 6138.94 Module
Loc: A401F03
8ea AB 5069-IF8 Compact I/O 8 Channel 976.959/ea 7815.67 Voltage/Current Analog Input Module

FACTORY STOCK
Loc: B240A01
8ea AB 5069-OF8 Compact I/O 8 Channel 1712.763/ea 13702.10 Voltage/Current Analog Output
Module
Loc: B328F04
8ea AB 5069-OX4I Compact 5000 Isolated 503.685/ea 4029.48 Relay OutputModule

FACTORY STOCK
Nonstock item may not be returnable
152
Subtotal 101296.08
S&H Charges 0.00
Tax 7850.45
Amount Due 109146.53

CITY OF SAN CLEMENTE
380 AVENIDA PICO
SAN CLEMENTE, CA 92672
4278 N HARBOR BLVD
FULLERTON, CA 92835
714-685-5340 Fax 714-670-9656
Acknowledgement
WRITER SALESPERSON RELEASE #

ORDER DATE SHIP VIA WAREHOUSE

FREIGHT ALLOWED
Marty Crotty Jr., x5350 Marty Crotty Jr., x5350 SA042524 05/08/2024 N6A - RTE N6A Shp: 99 Prc: 12
Yes

ORDERED DESCRIPTION
SOLD TO:

CITY OF SAN CLEMENTE
380 AVENIDA PICO
SAN CLEMENTE, CA 92672
SHIP TO:

ORDER # S007457714
PAGE # 6 of 6

UNIT PRICE EXT PRICE
P/O # Rockwell

SHIP DATE
05/28/2024

ORDERED BY
Shane A
Printed By : MARTYC on 5/8/2024 4:00:25 PM
8ea AB 5069-OB16K Compact 5000 DC 415.161/ea 3321.29
Output Module
Nonstock item may not be returnable
8ea AB 5069-OB16F 5069 Fast DC Output 733.572/ea 5868.58 Module
Nonstock item may not be returnable
4ea AB 5069-IY4K Compact 5000 Input 588.069/ea 2352.28
Nonstock item may not be returnable
4ea AB 1606-XLE120EC 1606-XLE120EC: 384.463/ea 1537.85
Essential Power Supply w/ Conformal
Coating, 24-28V DC, 120 W, 120/240V
AC Input Voltage
Nonstock item may not be returnable
Factory stock
Loc: B214A05
153
Emailed By: JOHMAT on 5/8/2024 11:00:06 PM EST
An asterisk (*) preceding a product indicates that product has been added to the order since the original Order Summary was printed.
"In Process" indicates the shipment has been shipped but the invoice has not yet been printed.

This is not an Invoice
Subtotal
S&H Charges
Tax
Less Payments
Amount Due

WALTERS - COSTA MESA
3037 ENTERPRISE STREET
COSTA MESA, CA 92626-3031
714-545-2022 Fax 714-545-6424
Order Summary
SOLD TO:

CITY OF SAN CLEMENTE
390 E AVENIDA PICO BLDG A
SAN CLEMENTE, CA 92672-3803
SHIP TO:

CITY OF SAN CLEMENTE

CITY OF SAN CLEMENTE
390 AVENIDA PICO BLDG A
SAN CLEMENTE, CA 92672-3803

PRICE BR / SHIP BR SHIP VIA CUSTOMER ORDER NUMBER OUTSIDE SALESPERSON WW08 / CD70 22WALTERSCD70 QUOTE MATTHEW JOHNSON

FREIGHT EXEMPT TERMS JOB/RELEASE NUMBER WRITER
No MFG DISC 10TH, NET 25TH CAL DAVIS JR.

DESCRIPTION Order Qty Ship Qty Open Qty UNIT PRICE EXT AMOUNT

ORDER DATE
PAGE NO.

ORDER NUMBER
03/27/2024 S125229703
1 of 3

WALTERS - COSTA MESA
3037 ENTERPRISE STREET
COSTA MESA, CA 92626-3031
714-545-2022 Fax 714-545-6424
Open / Partially Shipped Line Items
HOFF A907220FSDG 90.6X72.6X20.6 ENC 1ea
Open - Estimated Ship Date 03/27/2024 1ea
HOFF A90P72F1 FULL PANEL ONLY 1ea
Open - Estimated Ship Date 03/27/2024 1ea
CH 9PX1500RT-L 1350W UPS 1ea
Open - Estimated Ship Date 03/27/2024 1ea
GRE 36279 36279 30.5MM DIE SLU 1ea
Open - Estimated Ship Date 03/27/2024 1ea
PAND F4X4LG6 SLTD WIRING DUCT 120ft
Open - Estimated Ship Date 03/27/2024 120ft
PAND C4LG6-F 4-IN LT GRAY CVR P/FT 120ea
Open - Estimated Ship Date 03/27/2024 120ea
PAND F6X4LG6 6FT SLTD WIRING DUCT 120ea
Open - Estimated Ship Date 03/27/2024 120ea
PAND C6LG6 6" DUCT COVER 120ft
Open - Estimated Ship Date 03/27/2024 120ft
WCU XHHW 12 CU STRANDED BLACK 500' 500ft
SPOOL
Attachment 3
154
Emailed By: JOHMAT on 5/8/2024 11:00:06 PM EST
An asterisk (*) preceding a product indicates that product has been added to the order since the original Order Summary was printed.
"In Process" indicates the shipment has been shipped but the invoice has not yet been printed.

This is not an Invoice
Subtotal
S&H Charges
Tax
Less Payments
Amount Due

WALTERS - COSTA MESA
3037 ENTERPRISE STREET
COSTA MESA, CA 92626-3031
714-545-2022 Fax 714-545-6424
Order Summary
SOLD TO:

CITY OF SAN CLEMENTE
390 E AVENIDA PICO BLDG A
SAN CLEMENTE, CA 92672-3803
SHIP TO:

CITY OF SAN CLEMENTE

CITY OF SAN CLEMENTE
390 AVENIDA PICO BLDG A
SAN CLEMENTE, CA 92672-3803

PRICE BR / SHIP BR SHIP VIA CUSTOMER ORDER NUMBER OUTSIDE SALESPERSON WW08 / CD70 22WALTERSCD70 QUOTE MATTHEW JOHNSON

FREIGHT EXEMPT TERMS JOB/RELEASE NUMBER WRITER
No MFG DISC 10TH, NET 25TH CAL DAVIS JR.

DESCRIPTION Order Qty Ship Qty Open Qty UNIT PRICE EXT AMOUNT

ORDER DATE
PAGE NO.

ORDER NUMBER
03/27/2024 S125229703
2 of 3

WALTERS - COSTA MESA
3037 ENTERPRISE STREET
COSTA MESA, CA 92626-3031
714-545-2022 Fax 714-545-6424
Open - Estimated Ship Date 03/27/2024 500ft
WCU XHHW 12 CU STRANDED RED 500' 500ft
SPOOL
Open - Estimated Ship Date 03/27/2024 500ft
WCU XHHW 12 CU STRANDED WHITE 500' 500ft
SPOOL
Open - Estimated Ship Date 03/27/2024 500ft
WCU XHHW 12 CU STRANDED GREEN 500' 500ft
SPOOL
Open - Estimated Ship Date 03/27/2024 500ft
WCU XHHW 14 CU STRANDED RED 500' 1000ft
SPOOL
Open - Estimated Ship Date 03/27/2024 1000ft
WCU XHHW 14 CU STRANDED WHITE 500' 500ft
SPOOL
Open - Estimated Ship Date 03/27/2024 500ft
WCU XHHW 14 CU STRANDED GREEN 500' 500ft
SPOOL
Open - Estimated Ship Date 03/27/2024 500ft
WCU XHHW 14 CU STRANDED BLUE 500' 1000ft
SPOOL
155
Emailed By: JOHMAT on 5/8/2024 11:00:06 PM EST
An asterisk (*) preceding a product indicates that product has been added to the order since the original Order Summary was printed.
"In Process" indicates the shipment has been shipped but the invoice has not yet been printed.

This is not an Invoice
Subtotal
S&H Charges
Tax
16448.91

0.00 1274.80
Less Payments 0.00
Amount Due 17723.71

WALTERS - COSTA MESA
3037 ENTERPRISE STREET
COSTA MESA, CA 92626-3031
714-545-2022 Fax 714-545-6424
Order Summary
SOLD TO:

CITY OF SAN CLEMENTE
390 E AVENIDA PICO BLDG A
SAN CLEMENTE, CA 92672-3803
SHIP TO:

CITY OF SAN CLEMENTE

CITY OF SAN CLEMENTE
390 AVENIDA PICO BLDG A
SAN CLEMENTE, CA 92672-3803

PRICE BR / SHIP BR SHIP VIA CUSTOMER ORDER NUMBER OUTSIDE SALESPERSON WW08 / CD70 22WALTERSCD70 QUOTE MATTHEW JOHNSON

FREIGHT EXEMPT TERMS JOB/RELEASE NUMBER WRITER
No MFG DISC 10TH, NET 25TH CAL DAVIS JR.

DESCRIPTION Order Qty Ship Qty Open Qty UNIT PRICE EXT AMOUNT

ORDER DATE
PAGE NO.

ORDER NUMBER
03/27/2024 S125229703
3 of 3

WALTERS - COSTA MESA
3037 ENTERPRISE STREET
COSTA MESA, CA 92626-3031
714-545-2022 Fax 714-545-6424
Sum of Subtotal Amounts -- 16097.92
Open - Estimated Ship Date 03/27/2024 1000ft
WCU XHHW 12 CU STRANDED BLUE 500' 500ft
SPOOL
Open - Estimated Ship Date 03/27/2024 500ft
OMNI M714ST-05 14/1C XHHW-2 600V 1000ft
BLUE

WITH WHITE STRIPE
Open - Estimated Ship Date 03/27/2024 1000ft
OMNI M714ST-09 XHHW-2 14 CU STR 500ft
PURPLE
Open - Estimated Ship Date 03/27/2024 500ft
OMNI M714ST-11 14/1C XHHW-2 600V 500ft
PINK
Open - Estimated Ship Date 03/27/2024 500ft
Subtotal ---
156
ATTN: JUAN
390 AVE. PICO, BLDG.A
SAN CLEMENTE, CA 92672
TEL: (949) 361-8347
CUS PO #:

JOB NAME:

SHIPPING POINT PICKUP
MZ-75200
446 CALLE DE LOS MOLINOS
SAN CLEMENTE CA 92672
TEL: 949 492-5161 FAX: -
ATTN:

QUOTE FOR:

QUOTE EXPIRES
CONTACT:

WIRE/PANDUIT/HOFFMAN
004

ERIKA KLIPFEL
ATTN: JUAN

WIRE/PANDUIT/HOFFMAN
8484
1015699 05/15/24 05/15/24

SAN CLEMENTE-CITY OF

CED - SAN CLEMENTE
SHANE
06/14/2024

QUOTATION PAGE
001 OF 001
DATE REV # REV DATE

SLS INSL
8484

FOB FREIGHT

PREPARED BY
EK
QUOTE #
ACCT #:

QTY MFR CATALOG # DESCRIPTION PRICE UOM
EXT
LN AMT
01 1 HOFF A907220FSDG 90.6X72.6X20.6 ENC 5,449.00 E 5,449.00 02 1 HOFF A90P72F1 FULL PANEL ONLY 1,654.00 E 1,654.00
03 * HOFFMAN STOCK FACTORY- PLUS FREIGHT 7-10 DAYS
04 1 EATON 9PX1500IRT2UL LI-ON RACK MNT UPS 3,730.00 E 3,730.00 05 * EATON QUOTING 30-DAY LEADTIMES CURRENTLY
06 1 GREEN 36279 1-7/32 OT DIE 26.05 E 26.05
07 120 PAND F4X4LG6 SLTD WIRING DUCT 10.02 E 1,202.40
08 120 PAND C4LG6F 4-IN LT GRAY CVR P/FT 2.95 E 354.00
09 120 PAND F6X4LG6 6FT SLTD WIRING DUCT 13.85 E 1,662.00 10 120 PAND C6LG6 6IN DUCT COVER 7.11 E 853.20
11 * ALL PANDUIT SOLD IN BOX QTY ONLY OF 120. LINE 5
12 * IS 3-5 WEEKS FROM FACTORY. PLUS FREIGHT
13 500 WIRE M712ST-01 XHHW-2 #12/1C BLK 286.59 M 143.30 14 500 WIRE M712ST-03 XHHW-2 #12/1C RED 286.59 M 143.30 15 500 WIRE M712ST-02 XHHW-2 #12/1C WHT 286.59 M 143.30 16 500 WIRE M712ST-04 XHHW-2 #12/1C GRN 286.59 M 143.30 17 500 WIRE M714ST-03 XHHW-2 #14/1C RED 190.02 M 95.01
18 500 WIRE M714ST-02 XHHW-2 #14/1C WHT 190.02 M 95.01
19 500 WIRE M714ST-04 XHHW-2 #14/1C GRN 190.02 M 95.01
20 1,000 WIRE M714ST-05 XHHW-2 #14/1C BLU 190.02 M 190.02 21 500 WIRE M712ST-05 XHHW-2 #12/1C RED 286.59 M 143.30 22 1,000 WIRE M714ST-05 XHHW-2 #14/1C WHT 190.02 M 190.02 23 500 WIRE M714ST-09 XHHW-2 #14/1C PUR 190.02 M 95.01
24 500 WIRE M714ST-11 XHHW-2 #14/1C PNK 190.02 M 95.01
25 * PINK PLUS SHIPPING FROM FACTORY IN IL
26 * ALL OTHER COLORS XHHW IN LOCAL STOCK
17,781.16
MDSE:

TAX:

TOTAL:
1,278.92
16,502.24
PLEASE NOTE: THIS IS NOT AN OFFER TO CONTRACT, BUT MERELY A QUOTATION OF CURRENT PRICES FOR YOUR CONVENIENCE AND INFORMATION. ORDERS BASED ON THIS QUOTATION ARE SUBJECT TO YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS LOCATED AT SALES.OUR-TERMS.COM, WHICH WE MAY CHANGE FROM TIME TO TIME WITHOUT PRIOR NOTICE. WE MAKE NO REPRESENTATION WITH RESPECT TO COMPLIANCE WITH JOB SPECIFICATIONS.

Attachment 4
157

Statutory Exemptions. State code number:

Project Location - City: ______________________ Project Location - County:

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

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

1. Attach certified document of exemption finding.

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

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

Reference: Sections 21108, 21152, and 21152.1, Public Resources Code. _______________
Categorical Exemption. State type and section number: ____________________________________ ______________________________________________
______________ Title: _______________________
Revised 2011
Attachment 5
158
Attachment 6
159
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: May 21, 2024 Agenda Item: 11H.

Submitted By: Beaches, Parks and Recreation
Prepared By: Samantha Wylie, Beaches, Parks & Recreation Director Subject:
..titl e

REQUEST FOR SPECIAL EVENT PARTNERSHIP AGREEMENT WITH THE HAWAIIAN SURF

CLUB OF SAN ONOFRE FOR THE ANNUAL POLYNESIAN FESTIVAL
..body
Fiscal Impact:

Approving a partnership agreement will result in the waiver of facility rental fees, estimated at $2,175. Fees to be waived include facility rental fees, amplified sound fee (flat rate), and reserved parking space fees. The event application fee and refundable facility deposit are not recommended for waiver.

Summary:

The Hawaiian Surf Club of San Onofre (the “Surf Club”), a not-for-profit 501(c)(3) organization, has hosted its annual Polynesian Festival and Luau at the Community Center for over 30 years.

The event was established as an opportunity “to perpetuate the spirit of Hawai’i” while contributing to the Surfing Heritage and Cultural Center and the Surfrider Foundation. The annual Festival features arts and crafts vendors, a Woody car show, a Hawaiian-style lunch plate, live music, and Polynesian and hula dance exhibitions and performances throughout the day.

Based on the findings of Policy No 204-1 (Attachment 2), staff and the Beaches, Parks and Recreation Commission recommend that the City Council approve a partnership agreement fee waiver of all rental fees, not to exceed $2,175 annually, associated with the annual Polynesian Festival and Luau hosted by the Surf Club. The Surf Club has received two fee waivers for its events in 2022 and 2023, making them eligible to apply for partnership status (Attachment 3).

The purpose of this partnership agreement is to formalize the relationship between the City and the San Clemente Surf Club, including the waiver of all fees associated with the special event.

Staff further recommends entering into an Agreement for an intial three-year term with the option to extend for one additional two-year term (Attachment 4). This would make the Agreement applicable for up to five years.

Background:

A Partnership Policy was adopted by the City Council to encourage and promote activities, facility rentals, and special events/programs on a year-round basis that provide valuable cultural, recreational, and civic benefits to residents, visitors, and businesses of San Clemente. The process to become a Partner requires a minimum of two fee waiver requests for the activity, facility rental, or special event within two years. Over the two years, the City reviews the success of the program before formalizing a Partnership. The primary criterion to qualify for a fee waiver under the policy is that the organization be a non-profit civic or social organization, and all 160
Meeting Date: May 21, 2024 Agenda Item: 11H.

CITY OF SAN CLEMENTE 2
revenue generated by the event largely benefits the residents, visitors, and businesses of San Clemente.

Council Options:
 Adopt Resolution 24-77, which will approve a Partnership Agreement with the Hawaiian Surf Club of San Onofre to host its annual Polynesian Festival event at the Community Center.  Modify the Resolution by (a) increasing the waiver amount, or (b) decreasing the waiver amount or services provided.
 Continue the item with directions to staff for additional information.

Environmental Review/Analysis:

This is not a project pursuant to California Environmental Quality Guidelines Section 15378 (14 CCR § 15378). The action of waiving feees has no potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment.

Recommended Actions:

Staff Recommendation ..recommendation
Staff and the Beaches, Parks & Recreation Commission recommend the City Council adopt Resolution No. 24-77, which will approve and authorize the City Manager to execute a Partnership Agreement with the Hawaiian Surf Club of San Onofre for the waiver of all rental fees, not to exceed $2,175 annually.
..end
Attachment:

1. Resolution No. 24-77

2. Policy 204-1, Partnership of Activities, Facility Rentals and Special Events

3. Hawaiian Surf Club of San Onofre Club Application for Partnership

4. Partnership Agreement – Polynesian Festival Draft
Notification:

Hawaiian Surf Club of San Onofre
161
Attachment 1
RESOLUTION NO. 24-77

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, APPROVING A SPECIAL

EVENT PARTNERSHIP WITH THE HAWAIIAN SURF CLUB

OF SAN ONOFRE
WHEREAS, the Hawaiian Surf Club of San Onofre (the “Surf Club”), a not-for-profit 501(c)(3) organization, has hosted its annual Polynesian Festival and Luau at the Community Center for over 30 years; and
WHEREAS, the event was established as an opportunity “to perpetuate the spirit of Hawai’i” while contributing to the Surfing Heritage and Cultural Center and the Surfrider Foundation; and
WHEREAS, the City Council has established Policy No. 204-1 which encourages partnership with not-for-profit organizations to promote activities, facility rentals, and special events/programs on a year-round basis that provide valuable cultural, recreational, and civic benefits to residents, visitors, and businesses of San Clemente.

The Policy requires a minimum of two fee waiver requests for the activity, facility rental, or special event within two years prior to formalizing the partnership; and WHEREAS, the Surf Club received two fee waivers in 2022 and 2023, therefore qualifying the organization for a partnership agreement.

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

Section 1. A Partnership Agreement (“Partnership”) is approved by and between the Surf Club and the City of San Clemente. Through this Partnership, the Surf Club is permitted to host its annual Polynesian Festival and Luau at the San Clemente Community Center, located at 100 N. Calle Seville, for one day per year. It is authorized to hold the activity with all fees waived that are associated with the facility rental portion of the permit, not to exceed $2,175 annually. Certain fees are not waived, including the compliance damage deposit and event application fee.

Section 2. The Surf Club is required to apply for a Special Event Permit (“SEP”) annually. The SEP process may impose further restrictions on the event as outlined in Chapter 12.34 of the San Clemente Municipal Code or as considered necessary for the safety and health of the public.

Section 3. The Partnership shall remain in effect for an initial term of three years with an option to extend for one additional one-year term. In approving this Partnership, the City Council reserves the right to recall the Agreement at any time, including the review of fees waived.

Section 4. The City Manager is authorized and directed to execute the Partnership in a form substantially similar to that presented to the City Council on May 21, 2024. 162
Resolution No. 24-77 Page 2
Section 5. The City Clerk shall certify 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

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. 24-77 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
163
r POLICY AND PROCEDURE
Subject: Partnership of Index: Financial Services
Activities, Facility Rentals
and Special Events
Number: 204-1
Effective Date: May 20, 1999 Prepared By: Beaches, Parks and

1.0 Recreation
Supersedes: 204-1, dated 3/15/95 Approved By:

PURPOSE:

It is the purpose of this policy to define criteria and procedure for the Partnership activities, facility rentals and special events in the City including provisions for in-kind services and financial support.

2.0 ORGANIZATIONS AFFECTED:

All city departments

3.0 REFERENCES:

San Clemente Municipal Code Chapter 29B

4.0 POLICY:

4.1 It is the desire of the City of San Clemente to encourage and promote· activities, facility rentals and special events on a year round basis within the city limits that provide valuable cultural, recreational and civic benefits to the residents, visitors and businesses of the community. In order to create an atmosphere of partnership between the City, the activity, facility rental and special event organizations, this policy and procedure is designed to provide consistent criteria to evaluate activities, facility rentals, special event partnerships and financial support requests.

4.2 Partnership is utilized to provide support services to an organization that is presenting an activity, facility rental or special event. Support services provided through the City include but are not limited to the following:

1. Facility rental/related special fees

2. Site preparation and maintenance

3. Parking/traffic control
Pa e 1
164
165
166
167
168
169
170
171
172

DEPARTMENT OF THE TREASURY

INTERNAL REVENUE SERVICE
CINCINNATI OH 45999-0023
Date of this notice: 08-24-2017
Employer Identification Number:
82-2586725
Form: SS-4
Number of this notice: CP 575 E

HAWAIIAN SURF CLUB OF SAN ONOFRE
% KIM BRYANT
3990 HIGHLAND DR For assistance you may call us at:

CARLSBAD, CA 92008 1-800-829-4933

IF YOU WRITE, ATTACH THE
STUB AT THE END OF THIS NOTICE.

WE ASSIGNED YOU AN EMPLOYER IDENTIFICATION NUMBER
Thank you for applying for an Employer Identification Number (EIN). We assigned you EIN 82-2586725. This EIN will identify you, your business accounts, tax returns, and documents, even if you have no employees. Please keep this notice in your permanent records.

When filing tax documents, payments, and related correspondence, it is very important that you use your EIN and complete name and address exactly as shown above.

Any variation may cause a delay in processing, result in incorrect information in your account, or even cause you to be assigned more than one EIN. If the information is not correct as shown above, please make the correction using the attached tear-off stub and return it to us.

When you submitted your application for an EIN, you checked the box indicating you are a non-profit organization. Assigning an EIN does not grant tax-exempt status to non-profit organizations. Publication 557, Tax-Exempt Status for Your Organization, has details on the application process, as well as information on returns you may need to file. To apply for recognition of tax-exempt status under Internal Revenue Code Section 501(c)(3), organizations must complete a Form 1023-series application for recognition. All other entities should file Form 1024 if they want to request recognition under Section 501(a).

Nearly all organizations claiming tax-exempt status must file a Form 990-series annual information return (Form 990, 990-EZ, or 990-PF) or notice (Form 990-N) beginning with the year they legally form, even if they have not yet applied for or received recognition of tax-exempt status.

Unless a filing exception applies to you (search www.irs.gov for Annual Exempt Organization Return: Who Must File), you will lose your tax-exempt status if you fail to file a required return or notice for three consecutive years. We start calculating this three-year period from the tax year we assigned the EIN to you. If that first tax year isn't a full twelve months, you're still responsible for submitting a return for that year. If you didn't legally form in the same tax year in which you obtained your EIN, contact us at the phone number or address listed at the top of this letter.

For the most current information on your filing requirements and other important information, visit www.irs.gov/charities.
173
(IRS USE ONLY) 575E 08-24-2017 HAWA O 9999999999 SS-4
IMPORTANT REMINDERS:
* Keep a copy of this notice in your permanent records. This notice is issued only one time and the IRS will not be able to generate a duplicate copy for you. You may give a copy of this document to anyone asking for proof of your EIN. * Use this EIN and your name exactly as they appear at the top of this notice on all your federal tax forms.
* Refer to this EIN on your tax-related correspondence and documents. * Provide future officers of your organization with a copy of this notice.

Your name control associated with this EIN is HAWA. You will need to provide this information, along with your EIN, if you file your returns electronically.

If you have questions about your EIN, you can contact us at the phone number or address listed at the top of this notice. If you write, please tear off the stub at the bottom of this notice and include it with your letter. Thank you for your cooperation.

Keep this part for your records. CP 575 E (Rev. 7-2007) ---------------------------------------------------------------------------------------------- Return this part with any correspondence
so we may identify your account. Please CP 575 E
correct any errors in your name or address.
9999999999
Your Telephone Number Best Time to Call DATE OF THIS NOTICE: 08-24-2017 ( ) - EMPLOYER IDENTIFICATION NUMBER: 82-2586725
_____________________ _________________ FORM: SS-4 NOBOD

INTERNAL REVENUE SERVICE HAWAIIAN SURF CLUB OF SAN ONOFRE CINCINNATI OH 45999-0023 % KIM BRYANT
3990 HIGHLAND DR
CARLSBAD, CA 92008

174
175
ATTACHMENT 4
-1-

PARTNERSHIP AGREEMENT

FOR HAWAIIAN SURF CLUB OF SAN ONOFRE
THIS PARTNERSHIP AGREEMENT (“Agreement”) is entered into this ____ day of _____________, 2024 (the “Effective Date”), by and between the CITY OF SAN CLEMENTE, a municipal corporation (“City”) and HAWAIIAN SURF CLUB OF SAN ONOFRE, a California not-for-profit corporation (the “Surf Club”).

R E C I T A L S:

WHEREAS, the City desires to encourage and promote activities that provide cultural and recreational benefits by partnering with local not-for-profit organizations; and WHEREAS, the Hawaiian Surf Club of San Onofre (the “Surf Club”) is a not-forprofit 501(c)(3) organization and has hosted its annual Polynesian Festival and Luau at the Community Center for over 30 years; and
WHEREAS, the event was established as an opportunity “to perpetuate the spirit of Hawai’i” while contributing to the Surfing Heritage and Cultural Center and the Surfrider Foundation.

C O V E N A N T S:

Based on the foregoing Recitals, which are incorporated herein by this reference, and for good and valuable consideration, the receipt and sufficiency of which is acknowledged by both parties, City and Surf Club hereby agree as follows:

1. Purpose. The purpose of this Agreement is to establish the terms and conditions under which the Surf Club will host the Polynesian Festival and Luau (the “Event”) annually. The Surf Club will utilize the Community Center, located at 100 N. Calle Seville, San Clemente, CA 92672 for the Event.

2. Term. The term of this Agreement shall be three (3) years plus one (1) possible twoyear extension from the Effective Date, which shall be the date that the City Manager executes this Agreement. Extensions shall be executed conjointly without lapse should both parties mutually agree to continue the Agreement.

This Agreement may be terminated, without cause, by either party upon thirty (30) days written notice, which notice shall be delivered by email and by certified mail to the address listed below.

3. Responsibilities of Surf Club. The Surf Club shall be responsible for the following components of the activity:

3.1.Schedule of activities. Surf Club shall submit a Special Event Permit Application, annually, to the Beaches, Parks and Recreation Department to reserve the facilities required to host the Event;
176
ATTACHMENT 4
-2-

3.2.Duties. Surf Club shall abide by all established rental policies and shall inform its volunteers, agents, and participants of all policies and require compliance therewith; and

3.3.Equipment. Surf Club shall provide its volunteers and participants with any necessary equipment to organize all components of the Event. Equipment may include, but is not limited to, sound systems, staging, tables, chairs, tents, dance floors, and linens.

3.4.Compliance with Laws. Surf Club shall comply with all applicable federal, state and local laws and inform and require that its volunteers, agents, and participants do the same.

4. Responsibilities of CITY. The City shall be responsible for the following components of the activity:

4.1.Waive all fees associated with the rental of the Community Center Grounds and Ole Hanson Fireside Room, not to exceed $2,175 annually.

5. General Provisions.

5.1.Amendments. Either party may request changes to this Agreement. Any changes, modifications, revisions or amendments to this Agreement which are mutually agreed upon by and between the parties to this Agreement shall be incorporated by written instrument, and effective when executed and signed by all parties to this Agreement.

5.2.Insurance. Prior to the execution of this Agreement, and as a condition to the effectiveness hereof, Surf Club shall submit certificates and endorsements to City indicating compliance with the following minimum insurance requirements, and Surf Club shall maintain such insurance in effect during the entire term of this Agreement.

Commercial General Liability with minimum combined liability limits of One Million Dollars ($1,000,000) per occurrence for all covered losses. Any deductible or selfinsured retention in excess of Five Thousand Dollars ($5,000) shall be declared to the City and requires the prior approval of the City’s Risk Manager.

5.3.Applicable Law. The construction, interpretation and enforcement of this Agreement shall be governed by the laws of the State of California. The courts of the State of California in the County of Orange shall have jurisdiction over any action arising out of this Agreement and over the parties and any such action shall be venued there. Surf Club waives any rights that it may have under California Code of Civil Procedure section 394.

5.4.Entirety of Agreement. This Agreement, consisting of four (4) pages, represents the entire and integrated agreement between the parties and supersedes all prior negotiations, representations and agreements, whether written or oral.

5.5.Severability. Should any portion of this Agreement be judicially determined to be illegal or unenforceable, the remainder of the Agreement shall continue in full force and effect, and either party may renegotiate the terms affected by the severance. 177
ATTACHMENT 4
-3-

5.6.Third Party Beneficiary Rights. The parties do not intend to create in any other individual or entity the status of a third party beneficiary, and this Agreement shall not be construed so as to create such status. The rights, duties and obligations contained in this Agreement shall operate only between the parties to this Agreement, and shall inure solely to the benefit of the parties to this Agreement.

The provisions of this Agreement are intended only to assist the parties in determining and performing their obligations under this Agreement. The parties to this Agreement intend and expressly agree that only parties signatory to this Agreement shall have any legal or equitable right to seek to enforce this Agreement, to seek any remedy arising out of a party’s performance or failure to perform any term or condition of this Agreement, or to bring an action for the breach of this Agreement.

5.7.Notices. All notices under this Agreement shall be effective upon personal delivery, via facsimile so long as the sender receives confirmation of successful transmission from the sending machine, or three (3) business days after deposit in the United States mail, registered, certified, postage fully prepaid and addressed to the respective parties as set forth below or as to such other address as the parties may from time to time designate in writing, with a copy by email:

If to City: City of San Clemente
100 N Calle Seville
San Clemente, CA 92672
Attention: City Clerk and Beaches, Parks &
Recreation Director
email: [email protected]
If to Surf Club: Hawaiian Surf Club of San Onofre
134 W. Avenida San Antonio
San Clemente, CA 92672
ATTN: Kim Bryant
email:

5.8.Counterparts/Electronic Signatures. This Agreement may be executed in any number of counterparts, which together shall form one complete original agreement. This Agreement may be executed electronically with the same force and effect as original ink signatures.
178
ATTACHMENT 4
-4-
IN WITNESS WHEREOF, the parties to this Agreement through their duly authorized representatives have executed this Agreement on the days and dates set out below, and certify that they have read, understood, and agreed to the terms and conditions as set forth herein with this Agreement effective on the date first written above. “CITY”

CITY OF SAN CLEMENTE,
a municipal corporation
By:

Andy Hall, City Manager
Dated: _____________________, 2024 ATTEST:

City Clerk of the City of
San Clemente, California
APPROVED AS TO FORM:

Elizabeth A. Mitchell, City Attorney
“SURF CLUB”

HAWAIIAN SURF CLUB OF SAN

ONOFRE,
a non-profit foundation
By:

Kim Bryant, Chief Financial Officer
Dated: ______________________, 2024
By:

Glenn Alapag, Chief Executive Officer
Dated: ______________________, 2024
179

San Clemente City CouncilMay 21, 2024

San Clemente City Council
May 21, 2024