Agenda packet — San Clemente City Council, June 18, 2024 (part 2 of 5)

P1. Other Identifier:

P2. Location: a. County Orange
and (P2b and P2C or P2d. Attach a Location Map as necessary.) b. USGS 7.5’ Quad Date T ; R ; 1/4 of 1/4 of Sec ; B.M. c. Address 233 Avenida La Cuesta City San Clemente Zip 92672 d. UTM: Zone ; mE/ mN
Not for Publication Unrestricted
e. Other Locational Data: Assessor Parcel Number: 057-061-11 P3a. Description:

The property contains a two-story single family residence. The residence is largely obscured from the public-right-of-way.

Designed in the Hollywood Regency style, it has a hip roof that appears to be clad in shingles. The exterior walls are clad with original smooth stucco. There is a decorative balustrade of an unknown material. The residence appears to be in good condition with good integrity.

P3b. Resources Attributes: 02 Single Family Property
P4. Resources Present: Building Structure Object Site District Element of District Other P11. Report Citation: None.

Attachments: NONE Location Map Continuation Sheet Building, Structure, and Object Record District Record
Photograph Record Other:

DPR 523A (1/95) HRG
P5b. Description of Photo:

West elevation, east view. May
2006.

P6. Date Constructed/Sources:
1941 (E) Tax Assessor
Historic
Prehistoric
Both
P7. Owner and Address:

Donchak, Andrew & Donchak, Lori Harnar
233 Avenida La Cuesta
P8. Recorded by:

Historic Resources Group, 1728
Whitley Avenue, Hollywood, CA
90028
P9. Date Recorded: 9/20/2006
P10. Survey Type:

City of San Clemente Historic
Resources Survey Update
Sketch Map
Archaeological Record Linear Feature Record Milling Station Record Rock Art Record Artifact Record
EXHIBIT 4
251
State of California -- The Resources Agency

DEPARTMENT OF PARKS AND RECREATION

BUILDING, STRUCTURE, AND OBJECT RECORD
Primary #
HRI#

Page 2 of 3 ends

Resource Name or #: 233 AVENIDA LA CUESTA
B1. Historic Name: (Unknown)
B2. Common Name: (Unknown)
B3. Original Use: Single-family residential B4. Present Use: Single-family residential B5. Architectural Style: Hollywood Regency Style
B6. Construction History:

B7. Moved? No Yes Unknown Date: Original Location:

B8. Related Features:

B9a. Architect: Aubrey St. Clair b. Builder: Strang Bros.

B10. Significance: Theme Residential Area City of San Clemente Period of Significance 1941 Property Type Residential Applicable Criteria C This two-story single family residence was built for C.C. Page in 1941. Its design is attributed to noted Laguna architect Aubrey St. Clair. It was constructed by Strang Bros. The property appears eligible individually at the local level under Criterion A as a rare example of the Hollywood Regency style in San Clemente. It is recommended for retention on the Historic Structures List.

B11. Additional Resource Attributes: : 02 Single Family Property B12. References: Orange County Tax Assessor Records; Historic Resources Survey, Leslie Heumann and Associates, 1995.

B13. Remarks: (none)
B14. Evaluator: Historic Resources Group, Hollywood, CA Date of Evaluation: 9/20/2006
(This space reserved for official comments.)
DPR 523B (1/95) HRG
252
Page of Resource Name or #:

Recorded by: Historic Resources Group Date:

State of California -- The Resources Agency

DEPARTMENT OF PARKS AND RECREATION

CONTINUATION SHEET
Primary #
HRI#
Trinomial
Continuation Update
DPR 523L (1/95) HRG
3 3 233 AVENIDA LA CUESTA
9/20/2006
Photographs of the Subject Property, Continued:
253
Page of Resource Name or #:

Recorded by: Historic Resources Group Date:

State of California -- The Resources Agency

DEPARTMENT OF PARKS AND RECREATION

CONTINUATION SHEET
Primary #
HRI#
Trinomial
Continuation Update
DPR 523L (1/95) HRG
1 3 243 AVENIDA LA CUESTA
9/20/2006
PROPERTY NAME Casa Tres Vistas
HISTORIC NAME Goldschmidt House
PROPERTY ADDRESS 243 Avenida La Cuesta
ASSESSOR PARCEL NUMBER 057-061-13
PROPERTY TYPE Single-family residential

OTHER DESCRIPTION
DATE OF CONSTRUCTION 1928 (F) Building Permit
No substantial changes post-1988 Historical Photo Log prepared by the City of San Clemente.

INTEGRITY
STATUS CODE 1S
Listed in the National Register as an individual property. The property also appears eligible at the local level both individually and as a contributor to a potential historic district. It is recommended for retention on the Historic Structures List.

STATUS
Project
Prepared for
Prepared by Historic Resources Group
1728 Whitley Avenue
Hollywood, CA 90028
City of San Clemente
910 Calle Negicio, Suite 100
San Clemente, CA 92673
City of San Clemente Historic Resources Survey Update
This one-story single family residence was built for Adlai Goldschmidt in 1928. The Goldschmidts were Los Angeles distillers and winemakers. In 1906, they became half owners of some 10,500 acres of former ranch lands in the Capistrano Valley. (See Continuation Sheet).

SIGNIFICANCE
EXHIBIT 5
254
Page of Resource Name or #:

Recorded by: Historic Resources Group Date:

State of California -- The Resources Agency

DEPARTMENT OF PARKS AND RECREATION

CONTINUATION SHEET
Primary #
HRI#
Trinomial
Continuation Update
SIGNIFICANCE (continued).

When the property was later divided, the Goldschmidts retained the coastal grazing lands that would later be acquired by a syndicate headed by Hamilton Cotton and developed as San Clemente.

The Goldschmidt Residence was designed by Los Angeles architect Paul R. Williams. Williams has designed a number of residences for the Goldschmidt family over the years, including homes for brothers Max and Herman in the Holmby Hills and Hancock Park neighborhoods of Los Angeles. Williams was one of Los Angeles’ premier architects from the 1920s to the 1950s, and undoubtedly the most successful black architect of his day. He is responsible for some of that city’s most recognizable landmarks, including the Beverly Hills Hotel and the Theme Building at Los Angeles International Airport. He is perhaps best known as the “architect to the stars,” designing elegant Period-style mansion for the Hollywood elite, including Frank Sinatra, Cary Grant, and Lucille Ball.

The Goldschmidt House was listed in the National Register of Historic Places in 2004. It appears eligible at the local level under Criterion A for its association with the Ole Hanson/Spanish Village by the Sea period of development (1925-1936), and under Criterion C for its association with prominent architect Paul R. Williams and as a unique and elaborate interpretation of the Spanish Colonial Revival style in San Clemente.

DPR 523L (1/95) HRG
2 3 243 AVENIDA LA CUESTA
9/20/2006
255
Page of Resource Name or #:

Recorded by: Historic Resources Group Date:

State of California -- The Resources Agency

DEPARTMENT OF PARKS AND RECREATION

CONTINUATION SHEET
Primary #
HRI#
Trinomial
Continuation Update
DPR 523L (1/95) HRG
3 3 243 AVENIDA LA CUESTA
9/20/2006
Photographs of the Subject Property:
256
RL-SR2 Development Standards Consistency Table
Standard Zoning
Ordinance
Proposed Complies with
the Code
Density (Maximum) 1 unit 1 unit Yes
Setbacks (Minimum)
Front to Primary
Structure 20’ >20’ Yes
Front to Street-facing
Garage spaces 18’ 50’-6” Yes
Sides 10’ 10’ Yes
Rear 10’ 125’-11” Yes
Lot Coverage
(Maximum) 50% 16% Yes
Building Height
(Maximum) 25’ 24.77’ Yes
Parking (Minimum) 2 spaces 3 spaces Yes
Landscape 50% of front yard
setback 67.93% Yes
EXHIBIT 6
257
EXHIBIT 7
258
259
260
261
AGENDA ITEM: 2-B
Design Review Subcommittee (DRSC)
Meeting Date: February 14, 2024
PLANNER: David Carrillo, Associate Planner
SUBJECT: Cultural Heritage Permit (CHP) 23-318, Moses Residence, a request to construct a two-story, single-family residence on a vacant lot abutting two historic resources (233 Avenida La Cuesta and 243 Avenida La Cuesta).

BACKGROUND:

Site Data
The project site is a vacant 27,000 square-foot interior lot located at 239 Avenida La Cuesta, within the Residential Low Zoning District and Special Residential 2 Overlay District (RLSR2). The site abuts two historic resources (233 Avenida La Cuesta and 243 Avenida La Cuesta), one on either side. See Figure 1 below for a close-up aerial view of the project site and abutting historic resources, and reference Attachment 1 for a vicinity map. The site’s topography slopes downward from east to west, which reflects the general topography of the neighborhood. The site’s grade difference is approximately 12 feet.

Figure 1 – Project Site and Abutting Historic Resources 262
Moses Residence Page 2
233 Avenida La Cuesta (Abutting Historic Resource)
“The property contains a two-story single-family residence. The residence is largely obscured from the public-right-of-way. Designed in the Hollywood Regency style, it has a hip roof that appears to be clad in shingles. The exterior walls are clad with original smooth stucco. There is a decorative balustrade of an unknown material. The residence appears to be in good condition with good integrity.” The residence was designed by architect Aubrey St. Clair, a prominent local architect with most of his projects in the City of Laguna Beach, including the Laguna Beach Water District building. St. Clair designed buildings influenced by English Tudor, Monterey Colonial, and Spanish/Mediterranean Revival architectural styles. For more historical data on this property, reference the property’s DPR Survey form in Attachment 2.
243 Avenida La Cuesta (Abutting Historic Resource)
“This one-story single-family residence was built for Adlai Goldschmidt in 1928…. The Goldschmidt Residence was designed by Los Angeles architect Paul R. Williams. Williams has designed a number of residences for the Goldschmidt family over the years, including homes for brothers Max and Herman in the Holmby Hills and Hancock Park neighborhoods of Los Angeles. Williams was one of Los Angeles’ premier architects from the 1920s to the 1950s, and undoubtedly the most successful black architect of his day….The Goldschmidt House was listed in the National Register of Historic Places in 2004. It appears eligible at the local level under Criterion A for its association with the Ole Hanson/Spanish Village by the Sea period of development (1925-1936), and under Criterion C for its association with prominent architect Paul R. Williams and as a unique and elaborate interpretation of the Spanish Colonial Revival style in San Clemente.” The property at 243 Avenida La Cuesta (“Goldshmidt House”) is on the National Register of Historic Places. For more historical data on this property, reference the property’s DPR Survey form in Attachment 3.

Project Description
The applicant proposes a two-story 6,250 square-foot modern single-family residence with an attached three-car garage. The project complies with development standards of the RLSR2, as shown in Attachment 4. The roof design is flat with rooftop elements including skylights and chimneys. The proposed color palette consists of light earth tone colors with black window and door trims. Exterior building materials include white stucco walls, light brown wood siding, gray porcelain wall tiles, aluminum doors and windows, and glass guardrails. The residence accommodates six bedrooms, one powder bathroom, and seven full bathrooms, along with typical common areas. Outdoor spaces are proposed on the ground and second level. On the ground level, outdoor private spaces include a patio in the front yard; and a covered patio, a multi-purpose sports court for basketball and pickleball, and a pool and spa in the rear yard. Proposed landscaping includes drought-tolerant vegetation throughout the property, and citrus/fruit trees along the rear of the property.

Additionally, turf block is proposed on the driveway, and natural top cast concrete on patio and walkway surfaces. An ADA-compliant sidewalk is also proposed at the front of the property. See Figure 2 below for a street view rendering of the project, and reference Attachment 8 for conceptual plans, including preliminary landscape plans. 263
Moses Residence Page 3
Figure 2 – Front View Rendering
Why is DRSC Review Required?
A Cultural Heritage Permit requires review by the Design Review Subcommittee to provide feedback on visual impacts of projects on nearby historic resources and landmarks; and architectural design issues, such as architectural quality and style, massing, scale, proportions, landscaping, materials, design features, and visual impacts on aesthetic resources
Feedback from Abutting Historic Property Owners
Staff has discussed the project with both abutting historic property owners on multiple occasions via in-person meetings, email, and phone. Staff and the project architect also met with both historic property owners at the site. Staff has received comments and concerns from both historic property owners verbally and in writing. In summary, below are comments/concerns:
x How does the project mitigate impacts related to light/air corridors and flow, view preservation, and landscaping/hardscaping?
x How does the proposed development manage irrigation/drainage, to be compatible with historic resources and current irrigation/landscaping infrastructure? x How does the proposed development avoid seismic or expansive soil pressure either upstream or downstream of proposed development?
x How is the project compatible with the neighborhood?
264
Moses Residence Page 4
x How is noise from the pickleball court being addressed? x Is a 6,000 square-foot home too large for the lot?
x Can the eastern setback be increased by 15 feet?
x Can the new residence be pushed back further from the front property line? x Can story poles be installed on the project site?
ANALYSIS:

Development Standards
The project complies with all development standards of the RL-SR2 Zone, including height and setbacks, as shown on the consistency table provided in Attachment 4. The preliminary landscape plan is being reviewed by the City’s Landscape Consultant. The applicant will address landscape comments, if any, and provide a revised preliminary landscape plan prior to a Planning Commission hearing. Additionally, staff is requesting more details on proposed exterior lighting before a hearing to allow staff to adequately review lighting.

Design Guidelines
The City’s General Design Guidelines apply to this project. Since Spanish Colonial Revival (SCR) architecture is not proposed, SCR-specific design guidelines from the City’s General Design Guidelines, and the Henry Lenny Design Guidelines are not applicable. In summary, design guidelines suggest the following:
x Develop compatible relationships between the topography, building placement, and existing open spaces of neighboring properties.
x Respect the privacy, sun, and light exposure of neighboring properties. x Provide a transition from the existing to new development by careful placement and masing of buildings, well-designed planting patterns, and other appropriate means.
x Development should follow the existing topography.
x Development should demonstrate sensitivity to the contextual influences of adjacent properties and the neighborhood.
x Retain mature trees.
x Design buildings to be compatible in scale, mass and form with adjacent structures and the pattern of the neighborhood.
x Rooftop elements shall blend with the building’s architecture.

The applicant provided supplemental information, such as, 1) a narrative letter explaining the project and their rationale for the project’s design (Attachment 5); 2) a neighborhood compatibility analysis (Attachment 6); and 3) an analysis of the project against the design guidelines (Attachment 7). The neighborhood compatibility analysis shows the mix of 265
Moses Residence Page 5
architectural styles in the neighborhood with a variety of roof designs, scale, mass, forms, and front yard sizes. The proposed residence contributes to the mix of architectural styles in the neighborhood, and has a compatible scale, mass, and form. Overall, the project is generally consistent with the design guidelines. As shown in the applicant’s design guidelines analysis, the project demonstrates articulation through multiple building step backs on all elevations, the second level uncovered deck, roof overhangs, varied exterior wall materials, and solid and transparent wall planes.

In pre-application submittal discussions with the applicant, staff made the applicant aware of the City’s goal to protect public views of historic properties, as viewed from the public right-of-way, from adjacent development. In response, the applicant has designed the residence to not obstruct public views of the Goldschmidt residence, which includes the arched window facing the project site, as shown in Figure 3 below.

Figure 3 – Goldschmidt Residence Arched Window
The project is generally consistent with the design guidelines. However, the project can further be consistent with design guidelines by improving the treatment of the roof. The three chimneys provide varied heights. However, the placement and size of the chimneys do not sufficiently contribute to varied roof heights, which the design guidelines encourage. Staff recommends that more prominent roof height variations be provided as viewed from the street. The intent is not to increase building mass, but to improve articulation on the roof line while staying sensitive to the abutting historic resources.

Additionally, the flat roof design is compatible with the proposed modern architectural style.

However, the flat roof exposes visibility of all rooftop elements, such as skylights and chimneys, to the Goldschmidt residence. To improve compatibility with the adjacent historic residence due to topographical differences, staff recommends that the applicant consider the following: 1) Provide details demonstrating how the skylights blend with the roof; 2) Predesignate a solar panel zone on the roof plan which mitigates potential glare impacts from the installation of future solar panels; and 3) Simplify the arrangement of skylights, and/or provide a roof design which screens or reduces visibility of the skylights. 266
Moses Residence Page 6
RECOMMENDATIONS:

Staff seeks input from the DRSC, related to the project’s consistency with design guidelines, and sensitivity to abutting historic resources, including discussion of the questions and concerns raised by the neighboring property owners. Staff also seeks a determination on whether the project is ready for Planning Commission review. Staff recommendations are below:

1. Provide more prominent roof height variations as viewed from the street.

2. To mitigate visual impacts on the Goldschmidt residence from the proposed roof, consider the following:
a. Provide details demonstrating how the skylights blend with the roof. b. Pre-designate a solar panel zone on the roof plan which mitigates potential glare impacts from the installation of future solar panels. c. Simplify the arrangement of skylights, and/or provide a roof design which screens or reduces visibility of the skylights.

3. Provide exterior lighting details demonstrating compliance with lighting standards prior to a Planning Commission hearing.

Attachments:

1. Vicinity Map

2. 233 Avenida La Cuesta DPR Historic Survey Form

3. 243 Avenida La Cuesta DPR Historic Survey Form

4. Development Standards Consistency Table

5. Applicant’s Project Narrative Letter

6. Applicant’s Neighborhood Compatibility Analysis

7. Applicant’s Design Guidelines Analysis

8. Conceptual Plans

NO ATTACHMENTS
267
Design Review Subcommittee Regular Meeting Minutes April 10, 2024 Page 1

CITY OF SAN CLEMENTE

MINUTES OF THE REGULAR MEETING OF THE

DESIGN REVIEW SUBCOMMITTEE
APRIL 10, 2024
Subcommittee Members Present: Chair M. Steven Camp; Vice Chair Cameron Cosgrove; Committee Alternate Scott
McKhann
Subcommittee Members Absent: Committee Member Bart Crandell Staff Present: Jonathan Lightfoot, City Planner

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

2. ARCHITECTURAL REVIEW OF THE FOLLOWING ITEMS:

A. Plaques for Historic Properties (Lightfoot)
A request by the San Clemente Historical Society to establish a standardized plaque for installation on local historic properties.

City Planner Jonathan Lightfoot summarized the staff report and provided a presentation on the project.

Chair Camp opened the item for public comment.

Members of the public made the following comments or questions either individually or as a group:
x Mary Ann Comes, representing the San Clemente Historic Society’s Plaque Committee, indicated that they have been working on this project for a couple of years in coordination with designer Lisa Spinelli.
x They looked for a sign style similar to the one reviewed by the DRSC in 2020 with a simple bronze style reflective of the National Register plaques. x They researched appropriate fonts for the period of significance (1920’s1930’s) for the majority of historic properties in San Clemente. x They prefer large font size for legibility.
x They prefer a design with an arch as emblematic of the Spanish Colonial Revival style.
x They noted that they may have access to a public plaque that was commissioned by Ole Hanson. If found, that plaque may influence the design. x Their goal is to begin implementing soon so that properties can begin installing plaques ahead of the City’s 100th anniversary.

EXHIBIT 8
268
Design Review Subcommittee Regular Meeting Minutes April 10, 2024 Page 2 x They would have at least two sizes: a larger one for commercial buildings, and a smaller one for residential buildings.

The Design Review Subcommittee (DRSC) discussed the project, and made the following comments either individually or as a group:
x The Plaque Program should function like a “how to” document, providing clear information on how to order; what size will be used; consistent information to be included; recommended installation method and location. x Recommended consideration of distinctive type or style for National Register or Landmark properties.
x May want to consider a secondary sign type for story telling. Main plaque should not include narrative.
x Add the word “built” ahead of the date for clarity and consistency. x Advised against using QR codes.
x Recommended increasing font for “San Clemente Historic Building” and reducing the font size for the architect name(s).

The applicant
The Subcommittee recommended
B. Cultural Heritage Permit 23-318, Moses Residence, 239 Avenida La Cuesta (Lightfoot for Carrillo)
A request to construct a two-story, single-family residence on a vacant lot abutting two historic resources (233 Avenida La Cuesta and 243 Avenida La Cuesta).

City Planner Jonathan Lightfoot summarized the staff report and clarified that the project did not make architectural or site plan revisions; but the applicant had provided additional exhibits responsive to the DRSC’s prior comments from their meeting on February 14, 2024.

The applicant, architect Dustin Morris, noted that his intent was to address prior concerns and to clarify the setting and context of the property. He explained the exhibits attached to the staff report, including the line of sight study and visual simulations. He noted that the current project is reflective of the same view considerations of the previously approved “Romney Residence” at the same site. He described photos in the exhibits, showing that: landscaping obscures the entirety of the residence at 233 Avenida La Cuesta; landscaping is dense on the property line between the subject site and 243 Avenida La Cuesta, and that the proposed roof is lower than the height of existing trees; and he explained that the exhibits included images of the project simulation superimposed onto photos of the streetview to provide massing and proximity context.

Chair Camp opened the item for public comment.
269
Design Review Subcommittee Regular Meeting Minutes April 10, 2024 Page 3 Members of the public made the following comments or questions either individually or as a group:
x Questioned whether the proposed setback was actually the same distance as the Romney Residence proposal.
x Stated that the proposal is out of character with the neighborhood in that there are no other hyper modern residences.
x Stated that the project has a lesser setback than either of the adjacent historic residences.
x Stated that the Goldschmidt property could be seen from many vantage points in the City.
x Stated that the view from inside the Goldschmidt home was exceptional and would be impacted.
x Stated that there was a presumption from the prior Romney Residence approval that a 54’ setback would be required at the undeveloped lot.

The Design Review Subcommittee (DRSC) discussed the project, and made the following comments either individually or as a group:
x Clarified that the proposed setback is 45’ when 20’ is required in the Zone. x Confirmed that staff had provided direction to heed the line of sight study from the Romney Residence project (reviewed by the Planning Commission in June of 2020) and had recommended a style other than Spanish Colonial Revival to help differentiate from the historic Goldschmidt home. x Agreed that the design does not have major roof elements or bold coloring/features that compete or detract from the historic residence. x Earth tone colors and varied step backs blend with the street scene and limit competition with the neighboring Goldschmidt property.
x Highlighted the importance of landscape, especially in this neighborhood that has an estate character. It should transition from the Goldschmidt palette and be a foil to that property.
x Encouraged reduction of the front pergola element.

The Subcommittee recommended that the item advance to a Planning Commission hearing once plans are modified to address: a detailed landscape plan, rooftop mechanical equipment and screening, and consideration of a reductio of the front pergola.

3. NEW BUSINESS
None

4. OLD BUSINESS
None
270
Design Review Subcommittee Regular Meeting Minutes April 10, 2024 Page 4

5. ORAL AND WRITTEN COMMUNICATION
None

ADJOURNMENT
Adjourned to the April 24, 2024 DRSC meeting at 3:00 p.m., San Clemente City Hall, First Floor Community Room, 910 Calle Negocio, San Clemente, CA.

Respectfully submitted,
_______________________________
M. Steven Camp, Chair
Attest:
_______________________________
Jonathan Lightfoot, City Planner
271
AGENDA ITEM: 2-B
Design Review Subcommittee (DRSC)
Meeting Date: April 10, 2024
PLANNER: David Carrillo, Associate Planner
SUBJECT: Cultural Heritage Permit (CHP) 23-318, Moses Residence, a request to construct a two-story, single-family residence on a vacant lot abutting two historic resources (233 Avenida La Cuesta and 243 Avenida La Cuesta).

BACKGROUND:

Figure 1 – Project Site and Abutting Historic Resources 272
Moses Residence Page 2
233 Avenida La Cuesta (Abutting Historic Resource)
“The property contains a two-story single-family residence. The residence is largely obscured from the public-right-of-way. Designed in the Hollywood Regency style, it has a hip roof that appears to be clad in shingles. The exterior walls are clad with original smooth stucco. There is a decorative balustrade of an unknown material. The residence appears to be in good condition with good integrity.” The residence was designed by architect Aubrey St. Clair, a prominent local architect with most of his projects in the City of Laguna Beach, including the Laguna Beach Water District building. St. Clair designed buildings influenced by English Tudor, Monterey Colonial, and Spanish/Mediterranean Revival architectural styles. For more historical data on this property, reference the property’s DPR Survey form in Attachment 2.
243 Avenida La Cuesta (Abutting Historic Resource)
“This one-story single-family residence was built for Adlai Goldschmidt in 1928…. The Goldschmidt Residence was designed by Los Angeles architect Paul R. Williams. Williams has designed a number of residences for the Goldschmidt family over the years, including homes for brothers Max and Herman in the Holmby Hills and Hancock Park neighborhoods of Los Angeles. Williams was one of Los Angeles’ premier architects from the 1920s to the 1950s, and undoubtedly the most successful black architect of his day….The Goldschmidt House was listed in the National Register of Historic Places in 2004. It appears eligible at the local level under Criterion A for its association with the Ole Hanson/Spanish Village by the Sea period of development (1925-1936), and under Criterion C for its association with prominent architect Paul R. Williams and as a unique and elaborate interpretation of the Spanish Colonial Revival style in San Clemente.” The property at 243 Avenida La Cuesta (“Goldshmidt House”) is on the National Register of Historic Places. For more historical data on this property, reference the property’s DPR Survey form in Attachment 3.

1. The draft minutes from that meeting are provided as Attachment 1.

Primarily, the DRSC desired additional renderings that clearly showed the proposed residence in its context next to the adjacent historic properties. Related, the DRSC commented that mechanical equipment could be visually detracting on a flat roof – particularly from the higher-grade perspective of 243 Ave. La Cuesta. Also, they recommended that the designs consider the possibility of shifting the building pad back and whether rear yard retaining walls could provide more functional space on the property. The applicant has not modified the plans; but did provide a response to the DRSC comments (Attachment 2) and expanded visual simulations (Attachment 3).

RECOMMENDATIONS:

Staff seeks input from the DRSC, related to the project’s consistency with design guidelines, and sensitivity to abutting historic resources, including discussion of the additional exhibits provided by the applicant.

Attachments:

1. DRSC Minutes of February 14, 2024

2. Applicant response to DRSC comments of 2/14/2024

3. Expanded Visual Simulations
1 2/14/2024 DRSC staff report on the Moses Residence, CHP23-318

NO ATTACHMENTS
274
General Plan Consistency
Policies and Objectives Consistency Finding
General Plan Policy LU-1.03. -
Maintenance of Neighborhood Character:
“We maintain elements of residential
streets that unify and enhance the
character of neighborhoods, including
parkways, street trees, and compatible
setbacks.”;
Consistent. Similar to the adjacent
historic homes, the project provides a
large front yard setback of 45 feet, a
horizontally-oriented building design, a
long driveway, and front yard landscaping
General Plan Policy LU-1.04. SingleFamily Residential Uses: “We require that single-family houses and sites be designed
to convey a high level of architectural and
landscape quality in accordance with the
Urban Design Element and Zoning Code,
and in consideration of the following:
a. Varied and distinct building
elevations, facades, and masses (avoiding
undifferentiated "box-like" structures);
b. building scale and massing that
is compatible with existing development;
c. use of extensive site landscaping
to complement the architectural designs of
structures;
d. reduced area and width of paving
in front yards for driveway and garage
access; and
e. location and design of garages so
that they do not dominate the appearance
of the dwelling from the street.”
Consistent. The project provides
articulation on each building elevation
through the use of roof overhangs, varied
wall planes, open and uncovered patios,
a second level planter, and varied building
materials. The first and second levels are
each 10 feet, 11 inches in height and
clearly defined by building materials and
roof overhangs. The front entry is
emphasized with a wooden pergola which
remains at the height of the first level,
along with low-height landscaping
outlining the entry stairs. Building mass is
broken down by wall planes at different
setbacks, large windows, the open and
uncovered second level patio, and by not
extending the width of the second level to
match the width of the first level as viewed
from the street. Additionally, the large
front yard setback further reduces
massing impacts. The building’s form is
consistent with the selected modern
architectural style in that the form is made
of regular rectilinear shapes, where
projections are horizontal rather than
vertical, creating a flat roof skyline. The
project proposes a street-facing garage
that is designed to blend in with the
building, and would be partially screened
by front yard landscaping
General Plan Policy HP-2.06. New
Development: “We require that all new
single-family and multifamily residential
development abutting historic resources,
Consistent. The subject neighborhood
consists of residences with a mix of
architectural styles that include a variety
of elements, such as, but not limited to,
EXHIBIT 9
275
and new commercial and multi-family
development of three or more units within
a 300-foot radius from a historic resource
be compatible with the historic resource
in terms of scale, massing, building
materials and general architectural
treatment.”
one and two stories, wide and narrow
building footprints, roof styles and pitches,
building materials and forms, color
palettes, front yard sizes and elements,
and driveway depths. Similar to the
adjacent historic homes, the project
provides a large front yard setback of 45
feet, a horizontally-oriented building
design, a long driveway, and front yard
landscaping. The width of the proposed
residence, as viewed from the street, is 93
feet. The two adjacent historic homes
have a building width at approximately
over 100 feet, than other homes in the
neighborhood which seem to have a
building width less than 100 feet. The
neighborhood includes historic resources
with Spanish Colonial Revival
architecture, and one of the adjacent
historic resources with “Hollywood
Regency” architecture. the applicant
proposes a modern residence, versus a
Spanish Colonial Revival residence, to
avoid detracting from the adjacent
Hollywood Regency and Spanish Colonial
Revival historic homes, by not mimicking
adjacent architecture, and to avoid
creating a false sense of history.
276
Design Guidelines Consistency
Design Guidelines Consistency Finding
Design Guideline DG.II.: “Projects should
demonstrate sensitivity to the surrounding
context and neighboring buildings.”
Consistent. The subject neighborhood
consists of residences with a mix of
architectural styles that include a variety
of elements, such as, but not limited to,
one and two stories, wide and narrow
building footprints, roof styles and pitches,
building materials and forms, color
palettes, front yard sizes and elements,
and driveway depths. The project
includes a two-story residence, a flat roof,
and a light earth tone color palette. Similar
to the adjacent historic homes, the project
provides a large front yard setback of 45
feet, a horizontally-oriented building
design, a long driveway, and front yard
landscaping. The width of the proposed
residence, as viewed from the street, is 93
feet. Two properties with a similar building
width are at 200 Avenida La Cuesta, with
approximately 95 feet, and 208 Avenida
La Cuesta with approximately 99 feet.

The two adjacent historic homes have a
building width at approximately over 100
feet, than other homes in the
neighborhood which seem to have a
building width less than 100 feet. The
majority of properties have a street-facing
garage that is immediately visible from the
street. The project proposes a streetfacing garage designed to blend in with the building, and would be partially
screened by front yard landscaping
Design Guideline, DG.II.2., which states,
“Respect the privacy, sun, and light
exposure of neighboring properties.”
Consistent. In relation to the project site,
given the westward location of the
Hollywood Regency residence, its lower
grade level, and distance from the
proposed residence, the project does not
create negative impacts on privacy, sun,
and light exposure. Additionally, the
project also does not create negative
impacts on privacy, sun, and light
EXHIBIT 10
277
exposure on the Goldschmidt residence,
in that the Goldschmidt residence is east
of the project site and sits at a higher
grade elevation than the project site, and
has no wall planes parallel to and at the
same grade level as the project. Trees on
the Goldschmidt property currently block
sun exposure from the west side
Design Guideline DG.II.B.3: “design
buildings to be compatible in scale, mass
and form with adjacent structures and the
pattern of the neighborhood and carefully
design rear and side facades to be
compatible with the principal facades of
the building”; and DG.II.C.3.b: “avoid
long and unrelieved wall planes”.

Consistent. The project provides
articulation on each building elevation
through the use of roof overhangs, varied
wall planes, open and uncovered patios,
a second level planter, and varied building
materials. The first and second levels are
each 10 feet, 11 inches in height and
clearly defined by building materials and
roof overhangs. The front entry is
emphasized with a wooden pergola which
remains at the height of the first level,
along with low-height landscaping
outlining the entry stairs. Building mass is
broken down by wall planes at different
setbacks, large windows, the open and
uncovered second level patio, and by not
extending the width of the second level to
match the width of the first level as viewed
from the street. Additionally, the large
front yard setback further reduces
massing impacts. The building’s form is
consistent with the selected modern
architectural style in that the form is made
of regular rectilinear shapes, where
projections are horizontal rather than
vertical, creating a flat roof skyline
278
EXHIBIT 11
279
280
281
EXHIBIT 12
282
283
284
285
$77$&+0(17 EXHIBIT 13
286
287
288
289
290
291
292
293
294
EXHIBIT 14
295
296
297
298
299
300
301
302
303
304
305
306
307
308
309
310
311
Tres Vistas-Goldschmidt
Campbell House
$WWDFKPHQW
312
Tres Vista-Goldschmidt & Campbell House
Tab Description

1. Eyoh Design

2. Designated Historic Resources & Historic Survey

3. Tract No. 898

4. Goldschmidt House National Register

5. Communication with City of San Clemente

6. Soil Report

7. Relevant and Related Webpages

8. Historical Photos

9. Communication with Planning Commission & City Council

10. Letter from Murow

11. Letter from Henry Lenny Architect

12. Letter from San Clemente Historical Society

13. Neighborhood Opposition Letters
313
314
315
City of San Clemente
Planning Division

DESIGNATED HISTORIC RESOURCES AND LANDMARKS LIST
ADOPTED BY CITY COUNCIL MAY 1, 1996 AS AMENDED SEPTEMBER 2007 Alameda Lane
103* (104 Santa Ana)
109
Av. Alessandro, W.
166
Av. Algodon
120*
Av. Aragon
202
224*
Av. Barcelona
105
Buena Vista
803
904*
1102
1206
1209
Av. Cabrillo
117
202-204
213
246
304
316
Av. Cabrillo, cont.
319
325
329
Av. Cadiz, W.
102
109
137*
Canada, E.
115
Canada, W.
119
238*
Cazador Lane
325
412*
418*
420*
Corona Lane
102
Coronado Lane
117
Paseo De Cristobal, W.
104
114
Av. Del Mar
101-103
104
106-108
114
122-124*
125-127
130-132
222
228
229
251
El Camino Real, N.
104-118
313
408-412*
413-415
420
1426
1533
1700
1814
El Camino Real, S.
100*
101*
105-107
204
215
613
El Portal, E.
116*
El Portal, W.
234
235*
Elena Lane
505
508
516
Encino Lane
327
332
Escalones, E.
122
126*
Escalones, W.
101
121
Esplanade
201*
217
Av. De La Estrella
1314*
Av. Florencia
135
316
Designated Historic Structures List Page 2
Av. Gaviota, W.
319*
320
Calle Gomez
429*
Av. Granada
130
142*
143
209*
246
251
310*
410
415
Calle Isabella
4100
Av. Junipero, W.
7 Av. La Cuesta
193
199
209*
233*
243*
La Paloma
215*
Calle Las Bolas
1608
1638*
Av. Lobeiro
255
Loma Lane
139-141
Calle De Los Alamos
1815
2024 (guest house only)
Av. Madrid
243
307
Calle Marina
212
Mariposa, W.
128
129
210
212
222
239
Marquita, W.
123
154*
161½
201
204
230
236*
267*
Av. Mateo
131
Calle Mirador
1411
Av. Miramar
107
130
132
140-140½*
154*
165
202*
Av. Miramar, cont.
205*
207
215
219
235
Av. Monterey
206
214*
254*
312-314
323*
Monterey Lane
404*
411
504
Ola Vista, N.
315
Av. Palizada, W.
111
125
162
202
210-212
236
316
Pasadena Court
402-404
Av. Pelayo
119*
121
130*
146*
204
Av. Pico, W.
105
140
150
Av. Del Poniente
240*
245
Av. Princesa
138
Calle Puente
612
704
Av. Ramona, W.
147
Calle Redondel
165
Calle Roca Vista
223*
Av. Rosa
210
212
230*
233
Av. San Antonio, W.
169
217*
Av. San Dimas
124
Av. San Pablo
120
317
Designated Historic Structures List Page 3
Av. Santa Barbara
233
240
Av. Serra
110
137
146
157
202
217
Calle Seville, N.
100
Calle Seville, S.
205
208
210
Av. Sierra
304
Trafalgar Lane
141*
143
224
W. Av. Valencia
212
Av. Victoria
207
215
219
234
235
306
308*
309
525
529-533
606
Objects, Sites, Etc.¹
Municipal Pier
Cotton Estate Gate
Aqueduct
Bridle Paths
Sidewalks
Municipal Golf Course
Max Berg Park
* Properties with Historic Property Preservation Agreements (Mills Act Contracts) Historic Landmark
¹ Properties abutting and within 300 feet of “Objects, Sites, etc.” as listed above are not subject to a CHP/MCHP.

JGATES- last updated 22-OCT-07 w/HPPAs, amended list, Landmarks i:\planning\advance planning\historic preservation\historic resources list\dhs list_2007.doc 318
Historic Resources Survey Update
City of San Clemente, California
Prepared by Historic Resources Group
for the City of San Clemente
August 2006
319
Historic Resources Survey Update
City of San Clemente, California
Prepared for
City of San Clemente
Planning Department
910 Calle Negocio
San Clemente, California 92673
Prepared by
Historic Resources Group
1728 Whitley Avenue
Hollywood, California 90028
August 2006
320
Historic Resources Survey Update, San Clemente August 2006 Historic Resources Group 1

EXECUTIVE SUMMARY
The information presented in this report represents the results of a Historic Resources Survey Update conducted in the City of San Clemente, California.

The Survey Update was initiated by the City Council in order to update its existing inventory of historic resources (Historic Structures List), to provide complete documentation of all surveyed properties on State DPR forms, and to make recommendations to the City Council with regard to its ongoing efforts to designate historic resources in the City of San Clemente.

Specific project tasks included (1) Conducting a reconnaissance survey of all properties currently listed on the City’s Historic Structures List (HSL); (2) Documenting historic properties on State DPR forms; and (3) Revising and expanding an existing historic context statement.

This Survey Update was conducted between February and August of 2006 by Historic Resources Group (HRG) of Hollywood, California. Research and documentation were prepared by HRG staff, including Christy McAvoy, Kari Fowler, Marcelle Boudreaux, and Erica Kachmarsky, all of whom meet the Secretary of the Interior's qualifications in historic preservation.1 The
project was administered by Jim Pechous and Marie Luna at the City of San Clemente.

Approximately 230 unique properties were examined over the course of this Survey Update, including all properties currently listed on the City’s Historic Structures List as amended by the Planning Commission on October 17, 2000. Of these properties, 213 have been fully surveyed and documented on State DPR forms. 2
Of the 213 surveyed properties, nineteen were evaluated as eligible for local designation as individual landmarks. Eight properties appear eligible for listing in the National Register, in addition to six properties that are already listed or have been determined eligible for National Register listing.

The Survey Update identified two potential local historic districts. The North Beach Historic Thematic District is composed of four contiguous amusement-related properties. A Spanish Colonial Revival Historic Thematic District contains 207 non-contiguous properties, 149 of which also appear to contribute to a National Register eligible district.

The City’s Historic Structures List currently lists 203 properties.3 This
Survey Update recommends the addition of eleven properties, and the 1 Federal Register, Vol. 48, No. 190, pp. 44738-44739, September 29, 1983. 2 Properties not previously listed on the City’s Historic Structures List, and determined ineligible for designation at the local, State, or National level, were not documented on State DPR forms and are not included the number of surveyed properties. 3 The City’s Historic Structures List currently lists the Sea Cliff Villas/Robison House twice under separate addresses (525 Avenida Victoria and 402-404 Pasadena Court). This Survey Update includes this property once, under its Pasadena Court address. 321
Historic Resources Survey Update, San Clemente August 2006 Historic Resources Group 2
removal of five properties, for a revised total of 209 historic structures in the City of San Clemente.

As this Survey Update indicates, San Clemente boasts a substantial number of historically, architecturally, and culturally significant properties within its borders. With the information compiled in this report and associated appendices, the City will be well-prepared to pursue its ongoing efforts to protect and preserve evidence of its vibrant past.
322
Historic Resources Survey Update, San Clemente August 2006 Historic Resources Group 3
I. INTRODUCTION

LOCATING SAN CLEMENTE
San Clemente is a coastal city located in the southernmost part of Orange County. The City is bordered to the south and east by Camp Pendleton Marine Corps Base and San Onofre State Beach in San Diego County, and to the north and west by San Juan Capistrano and Dana Point. The City comprises approximately 18 square miles of gently sloping hillsides stretching along five miles of Southern California coastline (See Figure 1).

San Clemente is bisected on a northwest/southeast axis by the San Diego Freeway (Interstate 5). Most of the City’s development is concentrated west of the freeway, although large developments such as Forster Ranch and Talega have expanded the City into the hills east of the Interstate in recent decades. El Camino Real remains the City’s major commercial thoroughfare, and Avenida Del Mar its historic main street. The City is largely characterized by low-rise residential and commercial development along meandering streets that follow the natural contour of the hillsides.

San Clemente boasts “the World’s Finest Climate” with over 342 days of sunshine and less than 10 inches of rain per year.4
The City’s surfing
beaches are world famous and beach activities center around the Pier Bowl area at the base of the 1,200-foot Municipal Pier. The population of San Clemente has increased steadily since its founding in 1925. As of 2006, the City was estimated to have approximately 66,900 residents.5 PREVIOUS SURVEY EFFORTS6
This Survey Update was initiated by the City Council in order to update its existing Historic Structures List (HSL), as adopted by City Council on May 1, 1996, and amended by Planning Commission October 17, 2000; and to provide complete documentation of all properties determined eligible for designation.

San Clemente’s first list of historic resources was prepared in the late 1970s by the San Clemente Historical Society and local resident Marion Moon.

Called the Inventory of San Clemente Historic Places, this list would form the basis for subsequent survey efforts. This inventory was first amended 4 San Clemente Chamber of Commerce website, www.scchamber.com. 5 State Department of Finance. City of San Clemente, Community Development Department. 6 Agenda Report, San Clemente City Council Meeting, May 1, 1996. Prepared by the Community Development Department, City of San Clemente.

This residence at 418 Cazador
Lane appears to contribute to a
National Register district.
323
Historic Resources Survey Update, San Clemente August 2006 Historic Resources Group 4
Figure 1. Location Map of San Clemente.
1920s Promotional Sales Brochure. (Walker, Doris I. The Heritage of San Clemente). p. 131.
324
Historic Resources Survey Update, San Clemente August 2006 Historic Resources Group 5
in November of 1992 to reflect property relocations, demolitions, and typographical inaccuracies. The revised inventory was adopted as the City’s Historical Structures List and contained 234 properties. At this time, City staff began the process of a documented inventory, drafting approximately two dozen inventory forms. The City had previously developed a Historical Photograph Log, compiling photos and addresses of historic properties. This photographic log is dated April 1988.

In April of 1993, the City of San Clemente received Certified Local Government status from the National Park Service, allowing it to apply for funding to conduct a comprehensive update of the Historical Structures List, and development of criteria for designation of historic properties. The City received a matching grant in August 1994 to complete a Comprehensive Historic Resources Survey. In 1994, survey consultant Leslie Heumann & Associates was hired to conduct a comprehensive historic resources survey updating the City’s list of historically designated structures.

The 1995 Heumann Survey and revised list of historic properties was adopted by the City Council in May of 1996. Of the 202 identified historic properties, only 40% were documented on State DPR forms. The remaining 60% were not documented. Subsequently the City amended its zoning ordinance to adopt the criteria for designation of historical structures identified by the survey; adopted an ordinance to allow the City to enter into Mill Act contracts with historic property owners; and adopted a procedure for property owners to be added to or deleted from the Historical Structures List.

The City’s Designated Historic Structures List, as amended by the Planning Commission in October of 2000, contains 204 properties and serves as the City’s current inventory of historic resources.

PRESERVATION IN SAN CLEMENTE
o Zoning Ordinance
San Clemente’s Municipal Code Section 17.16.160, entitled Designation of Historic Properties, contains the City’s local designation criteria as follows:

In designating any place, site, building, structure or object in its natural setting as being of historical or cultural significance, and worthy of protection under this section, the property shall have been found to have historical, cultural, or special character or interest for the general public and not be limited in interest to only a special group pf persons.

The criteria to be used in determining historical, cultural or special character or interest is that the place, site, building, structure or object is at least fifty (50) years old; possesses integrity of location, design, setting, materials, and workmanship; and meets one (1) or more of the following:

The Goldschmidt Residence
is listed in the National
Register.
325
Historic Resources Survey Update, San Clemente August 2006 Historic Resources Group 6
a. Is associated with events that have made a significant contribution to the pattern of local, state, or national history; b. Is associated with the lives of persons or with institutions significant in local, state, or national history;
c. Embodies the distinctive characteristics of an architectural style, type, material or the use of indigenous materials or craftsmanship, or is the work of an architect, designer, or builder significant in local, state, or national history; d. Retains character-determining architectural features and materials;
e. Exhibits Spanish Colonial Revival architectural style.

In addition to designation criteria, the Municipal Code includes design review procedures, notification procedures for the designation of deletion of properties from the Historic Structures List, and review procedure and penalties for the demolition of historic properties. Additional code sections address special permitting requirements for properties identified as having architectural, historical, and/or cultural value (17.16.100); incentives for historic preservation, including provisions for Historic Property Preservation Agreements (17.16.175), and fee waivers for historic properties (17.16.180).
o General Plan & Cultural Resources Element
The City’s General Plan lists among its stated goals “to promote the preservation and restoration of the sites, structures, and districts which have architectural, historical, archaeological, and/or cultural significance to the City of San Clemente.”
In 1993, a Cultural Resources Element was included in a comprehensive revision of the City’s General Plan. Its stated objectives are to:
x Ensure that the City’s historically and archaeologically significant resources are protected in a manner that preserves and/or enhances the resource’s inherent value(s).
x Provide incentives to private owners of historic resources to maintain and/or enhance their properties in a manner that will conserve the integrity of such resources in the best possible condition.
x Promote community appreciation for the unique history of the San Clemente area and community involvement in its retention and preservation.
x Commemorate San Clemente’s historical significance as the location of “The Western White House.”
Spanish Colonial Revival
details characterize this
commercial building at 122-
124 Avenida Del Mar.
326
Historic Resources Survey Update, San Clemente August 2006 Historic Resources Group 7
o Certified Local Government
The City of San Clemente is a Certified Local Government (CLG) under the National Historic Preservation Act. As such, the City maintains standards for designation that are consistent with California Register criteria. In addition, the City must “maintain a system for the survey and inventory of historic properties, consistent with guidelines provided by the State Office of Historic Preservation.”7
The City currently maintains a Historic
Structures List, most recently amended by the Planning Commission October 17, 2000.

PREVIOUS EVALUATIONS
As part of the process of identifying and evaluating historic properties in the City of San Clemente, it was necessary to determine which properties had previously been designated, reviewed, studied, or otherwise evaluated for historic significance at the local, state, or national level. Previous evaluations were reviewed and considered in determining local eligibility in this study.
o National Register of Historic Places
The National Register of Historic Places is "an authoritative guide to be used by federal, state, and local governments, private groups, and citizens to identify the nation's cultural resources and to indicate what properties should be considered for protection from destruction or impairment." The National Park Service administers the National Register program. Listing in the National Register assists in preservation of historic properties through:
recognition that a property is of significance to the nation, the state, or the community; consideration in the planning for Federal or federally assisted projects; eligibility for Federal tax benefits; consideration in the decision to issue a surface coal mining permit; and qualification for Federal assistance for historic preservation, when funds are available.

To be eligible for listing and/or listed in the National Register, a resource must possess significance in American history and culture, architecture, or archaeology. Listing in the National Register is primarily honorary and does not in and of itself provide protection of an historic resource. The primary effect of listing in the National Register on private owners of historic buildings is the availability of financial and tax incentives. In addition, for projects that receive Federal funding, a clearance process must be completed in accordance with Section 106 of the National Historic Preservation Act. State and local laws and regulations may apply to properties listed in the National Register. For example, demolition or 7 National Register Bulletin 24. Guidelines for Local Surveys: A Basis for Preservation Planning. Washington, D.C.: National Park Service, U.S. Department of the Interior, 1985.
327
Historic Resources Survey Update, San Clemente August 2006 Historic Resources Group 8
inappropriate alteration of National Register eligible structures may be subject to provisions of the California Environmental Quality Act (CEQA).

The criteria for listing in the National Register follow the standards for determining the significance of properties. Sites, districts, structures, or landscapes of potential significance are eligible for nomination. In addition to meeting any or all of the criteria listed below, properties nominated must also possess integrity of location, design, setting, feeling, workmanship, association, and materials:

A. Associated with events that have made a significant contribution to the broad patterns of our history
B. Associated with the lives of persons significant in our past C. Embody the distinctive characteristics of a type, period, or method of construction or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction
D. Yield, or may be likely to yield, information important in prehistory or history
The evaluation of integrity is grounded in an understanding of a property’s physical features and how these features relate to its historic significance.

It is through the retention of original character-defining features that the significance of a resource is conveyed. The National Register recognizes seven aspects or qualities that, in various combinations, define the integrity of a property. They include:
x Location – Location is the place where the historic property was constructed or the place where the historic event occurred. x Design – Design is the combination of elements that create the form, plan, space, structure, and style of a property.
x Setting – Setting is the physical environment of a historic property. x Materials – Materials are the physical elements that were combined or deposited during a particular period of time and in a particular pattern or configuration to form a historic property.
x Workmanship – Workmanship is the physical evidence of the crafts of a particular culture or people during any given period in history or prehistory.
x Feeling – Feeling is a property's expression of the aesthetic or historic sense of a particular period of time.
x Association – Association is the direct link between an important historic event or person and a historic property.

According to the National Register Information System database, six properties in the City of San Clemente have been listed in or determined eligible for the National Register.

Originally a local branch of the
Bank of America, this SpanishMoorish building defines the “Top of Del Mar.”
328
Historic Resources Survey Update, San Clemente August 2006 Historic Resources Group 9
Table 1. Properties Listed in or Determined Eligible for the National Register.

Street Address Property Name Status
Code Evaluation Date of Listing
105 W Avenida Pico Ole Hanson Beach Club 1S Listed in
the NR 1981
101 S El Camino Real Easley Building 1S Listed in
the NR 1983
114 Avenida Del Mar Hotel San Clemente 1S Listed in
the NR 1989
415 Avenida Granada Casa Romantica 1S Listed in
the NR 1991
1426 N El Camino Real San Onofre Inn 2D2 Eligible for
Listing 1998
243 Avenida La Cuesta8 Goldschmidt House 1S Listed in
the NR 2004
o California Register of Historical Resources
The California Register of Historical Resources is an authoritative guide in California used by State and local agencies, private groups, and citizens to identify the State's historical resources and to indicate what properties are to be protected, to the extent prudent and feasible, from substantial adverse change.

The California Register consists of resources that are listed automatically and those that must be nominated through an application and public hearing process. The California Register automatically includes California properties listed in the National Register, those formally Determined Eligible for listing in the National Register, California Registered Historical Landmarks from No. 0770 onward, and those California Points of Historical Interest that have been evaluated by the Office of Historic Preservation (OHP) and have been recommended to the State Historical Resources Commission for inclusion in the California Register. Other resources which may be nominated for listing in the California Register include historical resources with a significance rating of Category 3 through 5 in the State Inventory, individual historical resources, historical resources contributing to historic districts, and historical resources designated or listed as a local landmark.

The criteria for eligibility for listing in the California Register are based upon National Register criteria and may include any resource that:
1) Is associated with events that have made a significant contribution to the broad patterns of local or regional history or the cultural heritage of California or the United States.
2) Is associated with the lives of persons important to local, California or national history.
8 The Goldschmidt House was listed on the National Register since the 1995 Survey.

The Community Clubhouse
was one of the first
buildings erected in San
Clemente.
329
Historic Resources Survey Update, San Clemente August 2006 Historic Resources Group 10
3) Embodies the distinctive characteristics of a type, period, region or method of construction or represents the work of a master or possesses high artistic values.
4) Has yielded, or has the potential to yield, information important to the prehistory or history of the local area, California or the nation.

Properties listed on or formally determined eligible for the National Register are automatically listed in the California Register. o San Clemente Historic Structures List
There are 203 properties listed on the City’s Designated Historic Structures List, as amended by the Planning Commission on October 17, 2000. During the 1995 Heumann Survey, each property was assigned a California Historic Register Status Code (“Status Code”). Assigned codes indicate the level of designation for which the property has been determined eligible (National Register or local), and similarly distinguishes between those properties that have been determined eligible individually versus those that contribute to a potential historic district.

At the time of this Survey Update, it does not appear that this list of properties has been submitted to the State Office of Historic Preservation for inclusion in the Historic Resources Inventory, and the property evaluations are not included on the State Historic Resources Inventory. In practice, the City of San Clemente uses the Historic Structures List as an inventory of historic properties in the City, and does not distinguish between individual landmarks and district contributors. 330
53 IV. Additional Design Guidelines for Special Districts and Sites This section provides a reference checklist for applicable Design Guidelines that are to be consulted for projects within the following Special Districts and locations of the city:

A. The Del Mar Commercial District.

B. El Camino Real.

C. North Beach.

D. The "Pier Bowl."
E. Historically Significant Sites.

F. Locations Within 300 Feet of a Historically Significant Site.

G. "Spanish Colonial Revival'' Districts.
x A map showing the boundaries of Districts A, C and D is included in the respective District section.
x The following are designated as "Spanish Colonial Revival" Districts. Consult Section IV.G. for architectural Guidelines that apply to these Districts. -- The Del Mar Commercial District
-- The "Del Mar Extension.” The properties fronting Avenida Del Mar from the Del Mar Commercial District to the 'Tier Bowl."
-- North Beach
-- The "Pier Bowl"
The architectural Guidelines of Section IV.G. also, apply to Historically-Significant Sites, if the site contains a structure of "Spanish Colonial Revival" architecture as defined by the City of San Clemente Zoning Ordinance.
331
54 IV.A. The Del Mar Commercial District

1. Boundaries x All properties within the City G1 (Central Commercial) Zone. See Figure 2 on the
next Page.

2. Design Guidelines x Follow all Design Guidelines for 'Pedestrian Districts" listed in Section
III.A1. of this document.

3. Architecture x Follow the Design Guidelines for "Spanish Colonial Revival" locations listed in
Section IV.G. of this document.
x Also, follow the General Guidelines listed
in Section II.C, "Architectural Character."

4. Street Trees x Plant at 30 feet on center, except where driveways or utility conditions prohibit.

Avenida Del Mar x Cupaniopsis anacardioides (Carrot wood), boulevard tree; Metrosideros excelsus
(New Zealand Christmas Tree), accent tree
El Camino Real x Washingtonia robusta - MEXICANFAN
PALM

5. Mixed-Use projects on Small Lots
(Lots 12,000 square feet or smaller)
x Follow Appendix E
332
55 333
56 IV.B. El Camino Real

1. Boundaries All properties with frontage on El Camino Real.

2. Design Guidelines
x Properties in the following locations on El Camino Real should follow the Design Guidelines listed for the corresponding Commercial and Mixed Use Districts listed in Section IIIA1. and III.A2.

Location District Type
The Del Mar Business District, defined by the
boundaries of the City's C-1 (Central Commercial)
zone.

Pedestrian District.

El Camino Real, between Avenida Palizada and
Avenida Aragon (properties in the C-2 zone).

Pedestrian District.

El Camino Real, between Avenida Aragon and
Calle Lago-Boca de la Playa (properties in the C-2
zone).

Mixed Pedestrian-Automobile District.

El Camino Real, North Beach, between Calle
Lago-Boca de la Playa and Avenida Estacion- El
Camino Real intersection (properties in the C-2
zone).

Pedestrian District.
334
57 Location District Type
El Camino Real, between Avenida PresidioAvenida Rosa and East Avenida Magdalena (properties in the C-2 zone).

Mixed Pedestrian-Automobile District.
x Properties in the C-A zone south of East Avenida Magdalena should follow the Design Guidelines of Section III.B "Multi-Family Residential Development."

3. Architecture
x Properties in the Del Mar Commercial District and North Beach District of El Camino Real should follow the architectural Guidelines for "Spanish Colonial Revival" locations listed in Section IV.G. of this document. Other locations may follow the General Guidelines for the City listed in Section II.C.

4. Street Trees
Washingtonia robusta - MEXICAN FAN PALM, 30 feet on center.

5. Street Lighting
x Supplement City overhead street lighting with the following street lighting standards at locations specified by the City:
"San Diego" series manufactured by Western Lighting Standards, Fountain Valley, CA (or equal). Use the double-lamp fixture on El Camino Real and the Pacific Coast Highway.

6. Sidewalk Paving
x See the "Sidewalk Paving" Guidelines in Sections III.A1. and III.A2. 335
58 IV.C. North Beach

1. Boundaries All properties on El Camino Real, between Calle Lago-Boca de la Playa and Avenida
Estacion-El Camino Real intersection
(properties in the C-2 zone).

All properties in the triangle defined by Calle
Deschecha, Boca de la Playa and the
Beachfront.

See Figure 3 on the following page.

2. Design Guidelines
x Follow all Design Guidelines for the "Pedestrian Districts" Listed in section III.Al. of this document with the following exceptions:
a. Projects on Avenida Pico east and west of El Camino Real, and on the northwest side of Boca de la Playa, should observe a minimum 30 foot yard setback from the street-facing property line. The setback area should be fully landscaped with shrubs, Palms and other plantings following the example of the Ole Hanson Beach Club grounds. b. All development in the District should consider the cone of vision established by the Avenida Pico public view corridor toward the ocean. All development proposals in the District should carefully study and document their visual impact on public view corridors.

Projects should observe setbacks and building height reductions, as needed, so as not to project into public view corridors.

3. Architecture
x Follow the Design Guidelines for "Spanish Colonial Revival'' locations listed in Section IV.G.

4. Street Trees
x Plant at 30 feet on center, except where driveways or utility conditions prohibit. x El Camino Real and the Pacific Coast Highway:

Washingtonia robusta - MEXICAN FAN PALM.
x Avenida Pico, west of El Camino Real, and Boca de la Playa; Phoenix canariensis.
x Avenida Pico, east of El Camino Real:

Eucalyptus ficifolia, parkway tree.

Washingtonia robusta, median tree.
336
59 337
60 IV.D. "The Pier Bowl"
All projects in the "Pier Bowl” Redevelopment Project Area defined by the boundaries in Figure 4 below should use the General Guidelines of Section II and the "Spanish Colonial Revival" District Design Guidelines of Section IV.G.

The Design Guidelines of Section III. "Additional Design Guidelines for Development Types" do not apply to the "Pier Bowl" Redevelopment Project Area.

Special Design Guidelines for the "Pier Bowl" will be incorporated into the Pier Bowl Master Plan and will apply to the area after their adoption by City Council. 338
61 IV.E. Historically Significant Sites
x All designated Historically Significant Sites should follow the Guidelines of this Section, in addition to all other Guidelines of this document.
x In addition, Historically Significant Sites that contain an existing "Spanish Colonial Renewal" structure should follow the Guidelines of Section IV.G. "Spanish Colonial Revival Districts." x San Clemente has a rich variety of historic architectural resources dating from the city's founding period.
x An historic building or site which retains the historic character from the period in which it was created can substantially contribute to a new development and the community.

The City of San Clemente maintains a list of Historically Significant Sites.

The following Guidelines should be used for designated Historically Significant Sites. Designs are also encouraged to follow the guidelines for compatibility listed in Section II.B. "Relationship to Neighboring Development."

1. Compatibility With Historic Resources. New development should preserve and be compatible with existing historic resources. Particular emphasis should be placed on achieving an intimate scale, and a concern for craftsmanship.

New developments which are built on designated historic sites or additions to older buildings of substantial historic character should be respectful of the historic building or site. While not 339
62 mimicking the older structure, the development should consider the compatibility of size, form, scale, materials, details, textures, colors, and landscape features.

2. Diligent Effort to Rehabilitate. New improvements to renovate or alter an historic site should demonstrate a diligent effort to retain and rehabilitate the historic resource. x It is recognized that, in some instances, the location or condition of an historic building may be such that it is not feasible to preserve and rehabilitate. When the location of a building is such that retention on its existing site is not feasible, an effort should be made to move the structure to another suitable location within the City of San Clemente. When structural, cost or construction considerations do not make retention of an historic building feasible; consideration should be given to retaining a part of the structure. x Historic buildings which are renovated are encouraged to follow The Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings published by the U.S. Department of the Interior, National Park Service. A copy of the Standards and Guidelines is available at the City of San Clemente Department of Community Development.

The Secretary of the Interior's Guidelines are too lengthy to repeat there, but the Standards for Rehabilitation are as follows. Please note that the word "shall," when used in the following Standards does not require the particular Standard to be followed. The use of the Secretary, of the Interior’s Standards is encouraged by the City. 1) Every reasonable effort shall be made to provide a compatible use for a property which requires a minimal alteration of the building structure, or site and its environment, or to use a property for its originality intended purpose. 2) The distinguishing original qualities or character of a building structure, or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible. 3) All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to mate an earlier appearance shall be discouraged
4) Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected.
5) Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity. 6) Deteriorated architectural features shall be repaired rather than replaced, wherever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be 340
63 based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural design or the availability of different architectural elements from other buildings or structures. 7) The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken.
8) Every reasonable effort shall be made to protect and preserve archaeological resources affected by, or adjacent to, any project.
9) Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, and such design is compatible with the size, scale, color, material, and character of the property, neighborhood or environment.
10) Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations were to be removed in the future, the essential form and integrity of the structure would be unimpaired.

The City and San Clemente Historical Society and/or other local historical or cultural groups will offer advice to owners remodeling Historically Significant buildings. It is hoped a strengthened appreciation of our heritage will take place in San Clemente. This will enable future generations to enjoy the city's historic resources and reinforce San Clemente's Urban Design Goals.

Preservation and careful rehabilitation of a designated historic building may be able to take advantage of special allowances of the State Historic Building Code as well as Federal tax incentives.

IV.F. Locations Within 300 Feet of a Historically Significant Site The City of San Clemente requires Discretionary Design Review for some development proposals located within 300 feet of a designated Historically Significant Site. (See Section 5.21 of the City Zoning Ordinance.)
Applicable projects in these locations should follow the "General Guidelines" listed in Section II, the applicable "Additional Design Guidelines for Development Types " listed in Section III, and any "Additional Guidelines for Special Districts" that may apply (Sections IV.A through IV.D). 341
64 IV.G. "Spanish Colonial Revival" Districts

1. Application
This Section contains architectural Design Guidelines that should be used for the following locations which have been designated as "Spanish Colonial Revival" Districts of the city:
x The Del Mar Commercial District
x The "Del Mar Extension" (see Figure 5)
x North Beach
x The 'Pier Bowl" Redevelopment Project Area
The maps contained in the respective previous Sections delineate the boundaries of each District. x Projects located on Historically Significant Sites that contain an existing "Spanish Colonial Revival" building should follow the Design Guidelines of this section. x All projects subject to the Design Guidelines of this Section should also follow the applicable Guidelines of Sections II, III, and IV.A. through IV.F. 342
65 2. Design Guidelines
Review Section II.C.2. "Basic principles of the "Spanish Colonial Revival" Architecture.

The Design Guidelines of this Section recognize that contemporary interpretation of the city's "Spanish Colonial Revival" Architecture is possible if the interpretation incorporates the basic principles of the design vocabulary. Especially important are the provision of defined outdoor spaces, the integration of architecture and landscape, the design of buildings with small-scaled parts, and the inclusion of detail and ornament that is an integral part of the architecture.

There is opportunity for creativity and variety within the "Spanish Colonial Revival" tradition, achieved by the way the basic elements are interpreted, and the degree of contemporary or traditional values used. Use the basic elements creatively. a. Elements
Excessive use of architectural elements or ornament can detract from the overall appearance of a building. The beauty of San Clemente's original architecture can be attributed to the satisfying proportions and scale of the buildings, plantings, and spaces around them.

Buildings in "Spanish Colonial Revival" districts should incorporate the following architectural and landscape elements into their designs:
x Plain whitewashed smooth wall surfaces.
x Low pitched red tile roofs.
x Cornice bands and moldings.
x Entrance and internal courtyards.
x Thick walled recesses for windows and doors.
x Second story balconies and recessed or rooftop verandas. x Arcades, loggias and patios.
x Porches and vine covered arbors.
x Outdoor stairs with delicate metal rails and grillwork x Accent towers, turrets and chimneys, where appropriate for silhouette. x Bay windows.
x Low garden walls.

Appropriate architectural elements, surface detail, and treatments that enrich architectural character are encouraged, especially in areas of high pedestrian activity. 343
66 b. Balconies and Verandas
Balconies provide usable outdoor space for upper floors.

Balconies are normally one of three distinct types:
x Balcony with supporting posts from ground to roof.
x Cantilevered balcony with posts supporting the roof.
x Cantilevered balcony and cantilevered roof with no supporting posts. c. Windows
Much of the refinement of "Spanish Colonial Revival'' architecture is due to the beautifully proportioned windows and do& openings. Special ornament or treatment of these openings at important locations gives identity and personality to buildings and the spaces around them. x Examples of windows in the "Spanish Colonial Revival" architecture are:
x Rectangular wooden casement frames with small panes of glass. x Large arched windows with wrought-iron metal grill work. x Small round or octagonal windows with concrete or stone molded borders used for accent.

Examples of window treatments are:
x Tile, concrete or painted borders used for accent.
x Carved, wooden headers or lintels over windows.
x Wood shutters or canvas awnings.
x Window boxes and ledges for plantings.
d. Doors
Exterior doors in the "Spanish Colonial Revival" architecture are constructed of heavy wooden planks or of wooden paneled design. They are typically recessed to express the 344
67 thickness and mass of the wall. Doors that open onto patios and balconies are typically wooden double doors.

Examples of door treatments are:
x Doors framed by planes or decorated moldings.
x Border treatments of tile, molded concrete, or paint. x Doors set back in deeply recessed arched openings (Casa Romantica). e. Walls and Fences
Walls of buildings, as well as low garden walls, are traditionally expressed as thick and massive. The wall finish is typically smooth irregular cement plaster with rounded corners and edges.

Sculptural qualities can enhance the design of walls through the use of:
x Openings for light and air.
x Cornices.
x Stone or concrete moldings.
x Tile or brick borders.

Fences are typically made of wood or wrought iron and of open design to contrast with the main structure.
345
68 The "Del Mar Extension" is intended to comprise those properties fronting Avenida Del Mar located between the "Del Mar Commercial District" and the "Pier Bowl Redevelopment Area" as defined by the A-D, Architectural Overlay District. The "Del Mar Extension" also, includes those properties directly adjacent to or across the street from. the properties in the Del Mar Commercial A-D, Architectural District. The "Del Mar Extension" area currently requires discretionary review per Section 5.21 of the San Clemente Zoning Code. Development within the "Del Mar Extension" shall be subject to applicable sections in the Design Guidelines, including the "Spanish Colonial Revival" guidelines. The "Del Mar Extension" is not a part of the "Del Mar Commercial District.” The boundary of the "Del Mar Extension" shall follow the rear property line boundary of those properties within the extension area (see above map). 346
347
NPS Form 10-900
(Oct. 1990)
United States Department of the Interior
National Park Service
National Register of Historic Places
Registration Form
pr^c,. -eMaj^la4024-0018 - Ŷ]
^ I 2004
This form is for use in nominating or requesting determinations for individual properties and districts. See instructions in HowTo~CQmplet»Jtie^ National Register ofHistoric Places Registration Form (National Register Bulletin 16A). Complete each item by marking "x" in the appropriate box or by entering the information requested. If any item does not apply to the property being documented, enter "N/A" for “not applicable." For functions, architectural classification, materials, and areas of significance, enter only categories and subcategories from the instructions. Place additional entries and narrative items on continuation sheets (NPS Form 10-900a). Use a typewriter, word processor, or computer, to complete all items.

1. Name of Property '
historic name Goldschmidt House
other names/site number Casa Tres Vistas

2. Location
street & number 243 Avenida La Cuesta____________
city c town San Clemente_________________________
state Californiacode CA county Orange.

NA Q not for publication
NAf~l vicinity
, code 059_zip code 92672

3. State/Federal Agency Certification
As the designated authority under the Nationai Historic Preservation Act of 1986, as amended, I hereby certify that this 13 nomination Ƒ requestyftlr determination of eligibility meets the documentation standards for registering properties in the National Register of Historic Pl^( s and meets the prd|peduraLarld professional requirements set forth in 36 CFR Part 60. In my opinion, the property RTi . (-1 (jQgg j^g ^ ijjonai peiister Criteria. I recommend that this property be considered significant Ƒ nationaily 3 locally. ( Ƒ See ;ontinuktidn sheet for additional comments.) 3 meet;
Ƒ statev
k IMI X/
3 ie
Signature of certifying officialATifle
California Office of Historic Preservation
Date
State or Federal agency and bureau
In my opinion, the property Ƒ meets Ƒ does not meet the National Register criteria. ( Ƒ See continuation sheet for additional comments.)
Signature of commenting or other official Date
State or Federal agency and bureau

4. National Park Service Certification
I hereby certify that this property is:

N^entered in the National Register
^ Ƒ See continuation sheet.

Ƒ determined eligible for the
National Register
n See continuation sheet.

Ƒ determined not eligible for the
National Register
Ƒ removed from the National
Register
Ƒ other (explain):
/ ///^
Date of Action
i348
Goldschmidt House
Name of Property
Orange County. CA
County and State

5. Classification
Ownership of Property
(Check as many boxes as apply)
private
Ƒ public-local
Ƒ public-state
D public-Federal
Category of Property
(Check only one box)
^ building(s)
Ƒ district
n site
Ƒ structure
Ƒ object
Number of Resources within Property
(Do not include previously listed resources in the count.) Contributing Noncontributing
1buildings
sites
1structures
11 objects
Total
Name of related multiple property listing
(Enter "N/A" if property is not part of a multiple property listing.) N/A
Number of contributing resources previously listed in
the National Register

6. Function or Use
Historic Functions
(Enter categories from instructions)
Domestic: single dwelling
Current Functions
(Enter categories from instructions)
Domestic: single dwelling

7. Description
Architectural Classification
(Enter categories from instructions)
Spanish Colonial Revival
Materials
(Enter categories from instructions)
foundation concrete_____
roof tile________________
walls stucco
other
Narrative Description
(Describe the historic and current condition of the property on one or more continuation sheets.) 349
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Orange County, CA
Summary
The Goldschmidt House is a two story single-family Spanish Colonial Revival residence located on Avenida La Cuesta in San Clemente. It was built in 1928 and designed by Paul R. Williams, AIA, a well-known architect from Los Angeles. The house is 4800 square feet and located on a large lot (35,000 sq. ft.) on a hill overlooking the city of San ' Clemente in a residential neighborhood oflots over 10,000 square feet. The house is made of redwood lath and plaster on raised foundation ofconcrete/redwood pilings. The circular driveway, Canary Islands palm, and much ofthe landscaping date back to 1928, when the house was built. The exterior ofwhite stucco walls and hand-made red tile roof includes a front porch with a fireplace and four balconies, including a Monterey balcony in the front. The interior features include arched doors and windows; a round room; corbelled arches and ceilings that are coffered, coved, or otherwise articulated. The floors are white oak and Spanish tile. An addition in about 1960 enclosed a rear patio and created a dressing room and closet on the second story. From the interior, the addition feels like part ofthe original house; visible from the rear elevation only, the addition changed the house’s appearance slightly, but did not affect any ofthe original walls or roof. Although a kitchen fire led to a remodeling ofthe kitchen cabinets in about 1960, none ofthe walls were affected. The Goldschmidt House is in excellent condition and retains its original appearance.

Exterior
The front (south) ofthe property was designed for outdoor entertainment (Photo #4).

The entry patio includes an outdoor fireplace (the chimney ties to the chimney ofthe living room fireplace) (Photo #8), a fountain (which is not historically significant) and white stucco decor walls capped with red tile. The front yard is more than 10,000 square feet, including a lawn suitable for outdoor entertaining, a circular drive, and hundreds of bougainvillea, roses and native California plants.

The west elevation is dramatically accented by a ten foot high floor to ceiling arched picture window (Photo #15). The arched paneled entry door (Photo #10) is capped by a long Monterey balcony (Photo #6). Thick white stucco walls, teal and brown trim and the hand-made red tile roofreflect the Spanish Colonial Revival style. The house has 350
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Goldschmidt House
Orange County, CA
spectacular views to the south and north as well, which are readily visible from the gardens and from the bedrooms and their adjoining balconies. (Photo #5) The back (north) ofthe property has a patio ofMexican tile (new), a lawn, a gazebo (which is new and is not historically significant) and a side (east) courtyard that ties to the back and kitchen doors; none ofthese three elements is original. Major landscape elements include Italian Stone Pines, eucalyptus, oleander and fruit trees, roses and California palms; these are original. The back yard drops down to two lower levels with vegetable gardens and fruit trees which are also original. The property line extends to the cul-de-sac on the street below.

Materials
The house is redwood lath and plaster on concrete/redwood pilings. There is a small basement. The exterior walls and many interior walls are eight to ten inches thick. The roofis hand-made red Spanish tile on intersecting gables with a single square turret. The chimney is brick and plaster.

In nearly all details, the house is in its original condition. The building permit from 1928 shows the size ofthe proposed building was 56’ x 112’ with a height of 26 feet, a wall thickness of eight inches and a construction value of$20,000. (See Exhibit A - building permit #14 and Exhibit B & C -1928 photos)
Interior
Entering from the front patio, the arched front door leads directly to the back courtyard.

The entry is a long hall with corbelled arches opening to the living room, dining room and enclosed courtyard (family room) (Photos #3, #11). A glass door opens from the family room to the rear patio.

The setting ofthe rooms in the surrounding landscape minimizes the difference between interior and exterior space even as the thick walls maximize the distance. Doors and windows are arched, including the front door, large windows in the living room and the dining room, corbelled arches framing the entry hall (Photo #9), and a set ofnested 351
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arches in the upstairs hallway. The ceilings ofthe three upstairs bedrooms and the two upstairs bathrooms are coved, sometimes to match the roofline, sometimesjust as a stylistic element.

The large living room features a coffered ceiling with 96 carved redwood recessed squares (Photo #17). In the center ofthe west wall is an 10 foot arched fixed window with a full view ofthe Pacific Ocean and Catalina Island (Photo #15). The living room has three six-foot tall double casement windows, one facing south and two facing north.

The flooring is oak. The large fireplace has a herringbone brick design (Photos #13 & #14).

As was typical ofthe style, there is a round room: here it is a library with built-in shelves (Photos #18 & 19). The three double casement windows hide roll-up screens.

The house has a fully plumbed bar room just offthe entry, hidden behind a door in the fi-ont hallway. The wet bar has a cabinet with a crank-style ice chipper that still works.

On the other side ofthe entry is a coat closet, powder room and guest bath. The windows ofthe bar and powder room are a classic Spanish Colonial style, using cement in a crisscross pattern (Photo #20).

The dining room features a large arched window with side panels that open in (Photos #21 & #22). The chandelier in the center is original (Photo #23).

Faux-wood decor ofplaster, shaped and painted to look like wood, is used throughout the downstairs, most notably in the form ofthe living-room fireplace and dining room crown molding. The thick walls provide function as well as style. Many walls have recessed shelves for books or curios. Flooring includes 14-inch red picket tiles in the long entry hall (Photo #12), brightly colored octagonal tile in two ofthe bathrooms, and white o^ flooring in the living and dining rooms and the bedrooms. All floors are tile or oak (except the library and the master bedroom’s dressing room and walk-in closet which are carpeted). All ofthese details are original except as noted below.

The kitchen is to the rear ofthe dining room through a swinging door. A built- in can opener is still in use fi-om the original construction when Williams added this “modem” 352
OUB JHnmnlUo. I(B*-00H
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Orange County, CA
gadget for the owners. A bedroom, full bathroom and laundry room, which once served as the maid’s quarters, adjoin the rear ofthe kitchen.

A staircase of Spanish pavers with a fancy wrought-iron handrail leads to the bedrooms upstairs (Photo #25). The iron and glass chandelier hanging in the stairwell is original.

The landing is a long hall, with oak flooring, flanked by closets (Photo #24). The east bedroom is large, with two large casement windows overlooking the ocean to the south (Photo #26) and a third window to the north. The middle bedroom has access via French doors to a small wrought iron balcony (Photo #7) as well as to the Monterey balcony.

A full bathroom and dressing room with built in vanity desk are between the east and middle bedrooms.

The master bedroom suite at the west end has views ofthe south, west and north. On the south side French doors lead to the Monterey balcony. On the west side is a round balcony (above the round library). An arched doorway leads to a dressing room and walk-in closet.

Offthe upstairs landing is an elaborate octagonal door and door frame leading to a large sun deck on the north side ofthe house above the kitchen and maid’s quarters. (Photo #27).

Overall Integrity
The only addition to the house was made in 1961 to enclose the rear courtyard and add two bedrooms above it which are now used as a dressing room and closet. (See Exhibit D - building permit for addition. See photo #3). None ofthe original walls were removed. Downstairs, the original doorway from the front hall to the north is now an interior arched doorway. There are now matching recessed bookcases on each side of that doorway which we believe were windows originally. Upstairs, one window facing north is now an arched doorway, and a second is now simply an interior wall. Although the original courtyard was enclosed in 1961 (Photo #3), a single floor element of Mexican tiles with adobe pavers is used in both the family room and the new adjacent outdoor patio.
353
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The ash wood veneer kitchen cabinets date to about 1961 when the original cabinets were damaged by a kitchen fire. The three-basin stainless-steel sink md four foot deep linen drawers in the kitchen are original. The floors in the kitchen and middle upstairs bath had been replaced in 1961 with linoleum and were replaced again in 1998 with tile. The kitchen fire did not damage any ofthe structural elements ofthe house.

Porcelain, brass and glass door knobs, brass butted door hinges, wroughr iron curtain rods, wall sconces and other hardware are all original (Photos #16 «& #23). The hydronic (hot water) heating system in the basement still heats the house through wall vents.

Neither forced-air heat nor air-conditioning has ever been added.

The property has retained its original design and architectural detail and is in excellent condition.
354
Goldschmidt House
Name of Property
Orange Countv. CA
County and State

8. Statement of Significance
Applicable National Register Criteria
(Mark V in one or more boxes for the criteria qualifying the property for National Register listing)
n A Property is associated with events that have made
a significant contribution to the broad patterns of
our history.

Ƒ B Property is associated with the lives of persons
significant in our past.

X Property embodies the distinctive characteristics of
a type, period, or method of construction or
represents the work of a master, or possesses high
artistic values, or represents a significant and
distinguishable entity whose components lack
individual distinction.

Ƒ D Property has yielded, or is likely to yield information important in prehistory or history.

Criteria Considerations
(Mark "X" in all the boxes that apply.)
Property is:

Ƒ A owned by a religious institution or used for
religious purposes.

Ƒ B removed from its original location.

Ƒ C a birthplace or a grave.

Ƒ Da cemetery.

Ƒ E a reconstructed building, object, or structure.

Ƒ Fa commemorative property.

Ƒ G less than 50 years of age or achieved significance
within the past 50 years.

Areas of Significance
(Enter categories from instructions)
Architecure
Period of Significance
1928
Significant Dates
1928
Significant Person
(Complete If Criterion B is marked above)
NA________________________
Cuiturai Affiliation
NA_____________
Architect/Builder
Williams, Paul R.. AIA
Narrative Statement of Significance
(Explain the significance of the property on one or more continuation sheets.)

9. Major Bibliographical References
(Cite the books, articles, and other sources used in preparing this form on one or more continuation sheets.) Previous documentation on file (NPS):

Ƒ preliminary determination of individual listing (36
CFR 67) has been requested.

Ƒ previously listed in the National Register
Ƒ previously determined eligible by the National
Register
Ƒ designated a National Historic Landmark
Ƒ recorded by Historic American Buildings Survey
#
Ƒ recorded by Historic American Engineering
Record #
Primary Location of Additional Data
Ƒ State Historic Preservation Office
Ƒ Other State agency
Ƒ Federal agency
Ƒ Local government
Ƒ University
Ƒ Other
Name of repository:
355
OMS Afiinn/Ha. »0»<-00l«
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Orange County, CA
Summary
The Goldschmidt house is an excellent candidate for the National Register ofHistoric Places imder Criterion C at the local level ofsignificance because it represents the work of a master architect, Paul Revere Williams, AIA (1894-1980) (photo #1). Williams was one ofthe foremost architects in Southern California and the first African-American member ofthe American Institute ofArchitects. The Goldschmidt house is a significant example ofWilliams’s residential work, and shows Williams’s mastery ofthe second or “Mediterranean” phase of Spanish Colonial Revival architecture identified by Gebhard (Gebhard, page 132). The Goldschmidt house also places Paul R. Willian s in Orange County, California, early in his career, a fact not mentioned by Gebhard or by Williams’ biographer, Karen Hudson. The 1928 building and grounds are as Paul R. Williams built them except for minor alterations (closed-in patio). The building and grounds are in excellent condition.

Significance ofthe Work ofPaul Revere Williams
Paul R. Williams was bom February 18,1894, in Los Angeles, California. After graduating from high school in 1912, he attended the Los Angeles School ofArt and the Beaux Arts School ofDesign Atelier. “As a high school student,” Karen Hudson wrote, “he made a commitment to himselfto become an architect, and in 1923 he became the first African-American member ofthe American Institute ofArchitects....” {The Will and the Way, page 5.)
From 1916 to 1919, Williams worked for the architectural firm ofReginald D. Johnson, AIA, initially without compensation. Johnson was a famous architect who was well known for promoting the Spanish Colonial Revival style which was so popular in Southern California. During these years Williams was one of eight students selected to be the first class in Architectural Engineering at the University of Southern California.

He graduated from USC in 1919.

Williams was considered a “rising young architect” in 1923 {California Southland, OctNov 1923, cited by Hudson, p. 21). He set up his own practice in 1924 in Los Angeles.

He later received many awards for his work including honorary doctorate degrees from Howard, Lincoln and Tuskegee Universities. In 1953 the NAACP awarded Williams the 356
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Orange County, CA
Spingam Medal for contributions to the field of architecture. In a time ofracial segregation, Williams overcame many obstacles to receive the respect and confidence of his early clients. For example, he observed that many clients were uncomfortable sitting along side him as he drew the renderings oftheir houses in response to his questions, so he learned to draw upside down, and was able to create beautiful architectmal renderings quickly in this unusual position.

Williams designed many private residences in his career. Particularly before he reached the age of 50 in 1944, most ofhis projects were residential. Williams demonstrated a mastery of all ofthe popular styles ofresidential architecture. He was known as the “architect to the stars” because so much ofhis work was for Hollywood celebrities including homes for Frank Sinatra, Lon Chaney and Lucille Ball. As Williams and his practice matured, he increasingly turned his attention to commercial and public buildings and designed a remarkable variety ofbuildings, including Saks Fifth Avenue in Beverly Hills and the Los Angeles Courthouse. One ofhis most recognized projects is the theme building at LAX airport. During his career, which spanned fifty years and created over 3000 buildings, his architectural designs embraced many styles including English Tudor, California Ranch, Art Deco and Spanish Colonial Revival architecture.

The Significance ofthe Goldschmidt House in Paul R. Williams’s Work Reginald D. Johnson was one ofthe leaders ofthe second or “Mediterranean phase” of Spanish Revival Architecture. (Gebhard, page 137) As Gebhard points out, “By the second decade ofthe century it was apparent that the Mission Revival Style, the California Bungalow, or the Midwestern Prairie house could not fulfill the desire felt by client and architect for increased opulence and display, and for historical correctness.” (Gebhard, page 136)
That shift in taste had led the university-trained Williams and his clients toward more fi-equent use ofTudor style as well as International and even Art Deco styles.

Nonetheless, Williams was able to articulate the Spanish Colonial Revival style with detail and authenticity. The Goldschmidt house reflects this interest in opulence and historical correctness.
357
NPSFonn10-W»« OM8 1014-001$
United States Department of the Interior
National Park Service
National Register of Historic Places
Continuation Sheet
8 3
Section number--------- Page------- -
Goldschmidt House
Orange County, CA
Williams was known for his ability to interpret his client’s personal lifestyles into unique residential designs. He often worked to integrate the outdoor light with the indoors. His homes were situated back from the street, often with long circular driveways, to give the residence more privacy and grandeur. He enjoyed creating wonderful winding staircases with beautiful, wrought iron railings. Many ofhis grand mansions had built in gadgets and hidden doorways. Taken together, these comprise the signature ofPaul R.

Williams’s interpretation of Spanish Colonial Revival architecture. All ofthese aspects are found in the Goldschmidt house.

The Significance ofthe Goldschmidt House in Paul R. Williams’s Career Connection to Founding Families: The Goldschmidt family had their principal residence in Hancock Park, Los Angeles, California. The family had extensive connections in the business community in Los Angeles in the first thirty years ofthe 20“^ century. These connections led the family to invest in cattle operations in Rancho Los Desechos in Orange County in 1906. Their partner in this venture was Comelio Echenique, husband ofIsadora Forster, a daughter ofJohn Forster, the Don of San Juan Capistrano, whose cattle-ranching operations were adjacent to the Goldschmidt’s.

Paul R. Williams had opened his own practice in 1924. Although he did receive important commissions that were not residential before 1928, his practice was primarily the design of opulent residences inthe Los Angeles area, including several in Hancock Park. His clients were business leaders and celebrities ofthe Roaring 20’s. Among the business leaders in the Hancock Park area were Ole Hanson (who had developed a tract ofSpanish Colonial Revival bungalows in the Los Angeles area) and the Goldschmidt brothers.

The Goldschmidts sold their land for development in 1924. A syndicate ofinvestors, headed by Hamilton H.. Cotton, a longtime JKend and associate ofOle Hanson, became the new land owners. Ole Hanson developed the town of San Clemente, calling it “The Spanish Village by the Sea”. (Exhibit G - plat map of 1925). The Goldschmidt family bought back a number ofparcels. They also continued to lease grazing land on the northern border ofthe city of San Clemente throughout the 1930’s (ref: personal communication with Adlai Goldschmidt, Jr.).
358
NPSFam104CI>« tNo. toa*-oott
United States Department of the Interior
National Park Service
National Register of Historic Places
Continuation Sheet
8 4
Section number--------- Page---------
Goldschmidt House
Orange County, CA
Unique to Locale: Orange County, California, was still a farming community in 1928.

As a result, Williams rarely worked in Orange County. Williams did, however, design a commercial building in San Juan Capistrano for John Forster, according to building permits, which served at the time as the Post Office. Hudson notes a residence for John Forster in San Juan Capistrano in 1926 and a residence for Adlai Goldschmidt in Hancock Park in 1927 (Hudson, page 230). Ifthere was a Forster residence, it has been destroyed (personal communication from Tony Forster, President ofthe San Juan Historical Society). Based on Hudson (pages 230-235), we can say that the Goldschmidt House is one of only two Paul R. Williams residences built before 1944 remaining in Orange County today.

Summary
The Goldschmidt house is a rich interpretation ofthe Mediterranean influence. The property displays a taste and consistency of articulation that Williams and only a small number of architects have mastered. The Goldschmidt house meets all the requirements to qualify as an excellent example ofPaul R. Williams’s work and be recognized by the National Register ofHistoric Places.
359
NPS Fcrni 10-500-* (8-Mj OM6 Approval No. T024>00Ta
United States Department of the Interior
National Park Sen/ice
National Register of Historic Places
Continuation Sheet
Section number Page
Goldschmidt House
Orange County, CA
Bibliography:

Battey, Anne, Reminders of the Past, San Clemente Journal Magazine, Published by Community Pubiications Network, Summer 1998 Bengali, Shashank, Williams the Conqueror, USC Trojan Family Magazine,Spring 2004 pg. 27-35
Gebhard, David, The Spanish Colonial Revival in Southern Caiifornia (1895-1930) Journal of the Society of Architectural Historians,May 1967,Voi.XXV Number 2
Hanson, Lloyd , Inside the Casa, Library of Congress 94-146102, 2001 Henderson, Wesley Howard, Two Case Studies of African-American Architects's Careers in Los Angeles, 1890-1945:

Paul R. Williams,FAIA and James H. Garrott AIA
University of Caiifornia, Los Angeles, 1992
Hudson,Karen E. Paul R. Williams, Architect, A Legacy of Style USA by Rizzoli International Pubiications,Inc., 1993
Hudson, Karen E. The Will and the Way: Paul R. Williams,Architect Rizzioli International Publications, 1994
Walker, Doris, The Heritage of San Clemente, Published by the Heritage of San Clemente Foundation, 2000
360
Goldschmidt House
Name of Properly
Orange County. CA
County and State

10. Geographical Data
Acreage of Property .652 acres
UTM References
(Place additional UTM references on a continuation sheet) Zone Easting Northing
1 11 443260 3699400 3
2 4
Zone Easting Northing
Ƒ See continuation sheet.

Verbal Boundary Description
(Describe the boundaries of the property on a continuation sheet.) Boundary Justification
(Explain why the boundaries were selected on a continuation sheet.)

11. Form Prepared By
name/title Use M. Byrnes_
organization Historian__ date 7/4/03
street & number P.O.Box 1029
city or town San Juan Capistrano_
___ telephone 949-493-4222___
. state CA___ zip code 92693_
Additional Documentation
Submit the following items with the completed form;
Continuation Sheets
Maps
A uses map (7.5 or 15 minute series) indicating the property’s location.

A Sketch map for historic districts and properties having large acreage or numerous resources.

Photographs
Representative black and white photographs of the property.

Additional items
(Check with the SHPO or FPO for any additional items)
Property Owner____________________________ _________________________________________ (Complete this item at the request of the SHPO or FPO.) name Dena and Lee Van Slyke_________________________________________________________ street & number 243 Avenida La Cuesta_
city or town San Clemente____________
telephone 949-361-4663
state CA___ zip code 92672_
Paperwork Reduction Act Statement; This inforfnation is being collected for applications to the National Register of Historic Places to nominate properties for listing or determine eligibility for listing, to list properties, and to amend existing listings. Response to this request is required to obtain a benefit in accordance with the National Historic Preservation Act, as amended (16 U.S.C. 470 etseq.).

Estimated Burden Statement: Public reporting burden for this form is estimated to average 18.1 hours per response including the time for reviewing instructions, gathering and maintaining data, and completing and reviewing the form. Direct comments regarding this burden estimate or any aspect of this form to the Chief, Administrative Services Division, National Park Service, P.O. Box 37127, Washington, DC 20013-7127; and the Office of Management and Budget, Paperwork Reductions Project (1024-0018), Washington, DC 20503. 361
NPS Form 10-900-a (8-86) 0MB Approval No. 1024-001B
United States Department of the Interior
National Park Service
National Register of Historic Places
Continuation Sheet
Goldschmidt House
Section number 10_ Page 1 Orange County, CA
Geographical Data
Verbal Boundary Description
See attached site plan that delineates the property boundary.

Boundary Justification
The boundary is the historic boundary that has always been associated with the property.
362
HPS Form 10-900-1 (8-36)
OATS Afvmmi Ha. J02A-007S
United States Department of the Interior
National Park Service
National Register of Historic Places
Continuation Sheet
Section number Page /
Goldschmidt House
Orange, CA
^'4 /,
363
X V-v r b I* V A
All Applications Must be Filled Out by Applicant
PLANS AND SPECIFICATIONS , and other data must also be filed.

BCILDma DIVISION
L DEPAKTWSaT ftgrBHlLQtHO AHP SAFETY
“ Application ibridle Erection of Frame Buildings
......... CLASS “D'' To ttM Beard of Bulldlns and Bataty Commlalenora of tha City of Ban Clamanta: ' " ' ADpIicatloB la hereby made to the Board of Butldlnc and Safety CoBBtsalonoM al tha Cltv or San nwnjnia taa* ^ .w 'OUona entering Into the exerclatOB of the permit:
- —I purpoae_______ I an|eralsind'aiiirilcut and -wbidt Ŷtall bg taenwd .

Flr«: Ttat tie parmit doa no grmnt ur right or prlTll«*« to oipct up hatldlu pr otlwr Ŷtmctur® thproln ducrlbod. at tax aor- tion th«ii!Ol. upon uy .troot. •Uoy or other public place or portion thereof. ^ ururun uuunaon, up ppg ||ni. .1“? ^ tatarthta, or tap poru t)on therrol. ftr enp purp^ thet le. or tup hereuter be prohibited bp ordlntace of the Clip of Sen CTomente. i|liaiillTnnii ^iSjnSb" * " prejudice enp c)^ pf t]ie UUe to. or rlcht of ppfy piTY CLERK PLEASE
VERUf’y

ENGINEER
pl ea se
VERIFY
d, or any por>
IB: fti
Lot No.. /3 o at nreportr)
District No. .M.B.4»age„ . F. B. Page_
No.
(leicntlni ol Job)
Street

USE INK OR INDELIBLE PENCIL

1. Purpose of BuUding i3rri)rt»iit..S,t:A.a-<Jt.«Jc__No. of Rooms___ _5 No. of F^rnffiitu /............

2. Ownw’s aaffie J,otsc.().>o.r.ol.rfc__________________________Phone __ _

3. Owner’s address—____________________________________________________

4. Aiehitect’s name ________________________ ’_____Phone

5. Contractor’s name jS^.t/saL.'ji.sS’.ayn.J_______ _____ Phoaa Oy^SlS' t-. Q., a Contractor’s address ___________________

7. VALUATION OP PROPOSED WORK )^'i?"is‘d*iip;r£:s-re^?i;iS'”inH3tn‘5:f

8. Isthere any existing building or permit for building on lot?._._A!il?—- How used?—.:......................

9. Size of proposed buildiHg._..sT^—jt_LLl.__Height to highest point

10. Numter of stories in height.<1Character of grou

11. 12.

13. 14.
iJseS,
Girders . 14

15. 16.

Material of foundatioiCj».J3S.»ld.tBiie of footings .IZlSM of walL._.Ali.Jlepth below grouni..L3.-'l.' Material of chimneya._.0i;ji-ls—JJumber ofinlets to flue-Jt-Jhateriorsixe t Material of exterior walle Plasfe v mr>
Give aizea of foUowing materials; REDWOOD MUDSILLS___A_jl .

EXTERIOR
.
studs — INTERIOR BEAWNG studi :Jnterior Ndn-Bea^ atuda
Ceiling Roof rafterB.._i._*_JL. FIRST FLOOR JOISTS__
Second floor joists Siiei^ mat^
Will all nrovisions of State Housing Act be complied with? .

What Zone is property in?....................................................

I have ear^uUy axarained and read the above application and.taiow this. ®5Se ifi true and correct, and that all provisions of the Ordinances and Laws^oveming ftiilding Com^^li^ H'oompUed with, whether herein specified or not. ...............

T^QVm
FISBMIT NO. Application ctecM and found
............. £^/3. \h^-ya-j( y
Plan Exc.mlnar rtorh
-d- 06-
364
'w.ll/ 0/-MN '^uaviUNIC DUiLUlINO L'CK/AK I/VICIN I
408 N. El Camino Real

SAN CLEMENTE, CALIFORNIA

BUILDING

APPLICATION
FO» APPLICANT TO FILL IN USE BAI.L POINT PEN OR TYPEWRITER aUlUOtNG
ADDRESS Lq
i o BLOCK. TRACT_’ST'TT
LEGAL DESCRIPTION ATTACHED j|

USE ZONE TYPE GROUP FIRE ZONE
OWNER 2:^^, /r^ /r Ay-’ in 3
ADDRESS ^73 /,.?
SQ. FT. SIZE HEIGHT STORIES NO. OF UNITS

CITY PHONE
ARCHITECT. ENGINEER OR OTHER
PERSON RESPONSIBLE FOR PLANS:

NAM E Cjttr-,\

ADDRESS
PHONE
co ntracto r:

NAME /q>r/~n iTir/
ADDRESS /^X/ct • / q
^ŶTV PHONE g^y 2 /y^2^
STATE
LICENSE NO.

CITY /
LICENSE NO. ^7^

DESCRIPTION OF WORK

BUILDING
ADDRESS 7-<4- ^^ Lfi Ooesrlt. BLOCK- S$ 9^
DATE OF APPL. date issu ed
10-27
PERMIT NO.
55^9
ADDITION- ALTERATIONUSE OF BUILDING OR STRUCTURE
SINGLE

FAMILY DWELLING

MULTIPLE

FAMILY DWELLING

APARTMENT
HOUSE

COMMERCIAL
BLDG.

ATTACHED
GARAGE

DETACHED
GARAGE

ATTACHED
PATIO

DETACHED
PATIO

INDUSTRIAL
BLDG. OTHER: (DESCRIBE)

1. I HEREBY ACKNOWLEDGE THAT I HAVE READ THIS APPLICATION AND STATS THAT THE INFORMATION GIVEN IS CORRECT.

2. I AM AWARE OF SECTION 3700 OF THE CALIFORNIA STATE LABOR CODE. WHICH WOULD REQUIRE ME AS AN EMPLOYER AND WHICH

REQUIRES ALL SUBCONTRACTOR EMPLOYERS TO BE INSURED AGAINST

LIABILITY TO PAY COMPENSATION IN ONE OR MORE INSURERS DULY AUTHORIZED TO WRITE COMPENSATION INSURANCE IN THIS STATE OF CALIFORNIA.

3. IN CONSIDERATION OF THE ISSUE AND DELIVERY TO ME BY THE BUILOiNG DEPARTMENT OF THE CITY OF SAN CLEMENTE OP THE
PERMIT GRANTED UNDER THIS APPLICATION, i HEREBY AGREE TO

COMPLY WITH THE PROVISIONS OF THE SUILDING CODE AND THE ZONING ORDINANCE OF THE CITY OF SAN CLEMENTE AND WITH ALL.

STATE LAWS PERTAINING TO ^UILDLING. WHETHER SPECIFIED OR NOT.

AND I HEREBY AGREE TO SAVE. INDEMNIFY. AND KEEP HARMLESS THE CITY OF SAN CLEMENTE. ITS OFFICERS. AND DULY APPOINTED OFFICIALS AGAINST ALL LIABILITIES. JUDGEMENTS, COSTS. AND EXPENSES WHICH MAY IN ANY WISE ACCRUE BY REASON OF OCCUPANCY OF ANY SIDEWALKS. STREET, ROAD. HIGHWAY OR SUBSIOEWALK SPACE PLACED SY VIRTUE THEREOF, AND WILL IN ALL

THINGS STRICTLY COMPLY WITH THE CONDITIONS OF TME PERMIT GRANTED UNDER THIS APPLICATION.

SIGNATURE OF X/fN PERMITTEE. ^
AUTHORIZED .VGT_
DATE OF APPLICATIONESTIMATED VALUATION $_
7 EXT. WALL COVERING
ROOF

COVERING
BLOG. DEPT. 5 J VALUATION ^ OOO
FEES
PERMIT: S_
DRIVE: SENG.CK.: $_ to
dat e: ^ O - -1.-1 - (o\ Pl an CK.: S---------^ _
TOTAL: ,
p.c. r emar ks;

APPROVALS
...—— DATE INSPECTOR

CONDITION OF CITY
SIDEWALKS. ETC. AT TIME OF FIRST INSPECTION.
f o unda t io n: set -back . TRENCHES, FORMS. STEEL.

L
\
FRAMING, under f l oor :

FLOOR JOISTS, GIRDERS. UNDERPINNING.SILLS,
BOLTS.
c
c
f r aming : st uds, c eil ing
JOISTS RAFTERS. BRACING, bl o c king .
£
« FURNACE ENCLOSURE:

AIR SUPPLIES FOR
COMBUSTION AND CIRCULATION.

MASONRY wal l s: CORES. INSPECTION HOLES. VERTICAL STEEL.

MASONRY wal l s:

BONO BEAM. LINTELS. . '
LATH, ex t er io r : ba c k ing , wir e. FLASHING.

LATH, in t er io r :

COR. BEAD. TUB AND SHOWER ENCLOSURES.
pl ast er : INTERIOR
AND EXTERIOR.

HOUSE number :

CORRECT AND POSTED
sub cont r act or s’ BUSINESS LICENCES
TAKEN OUT.

CONDITION OF CITY SIDEWALKS. ETC. AT
TIME OF FINAL INSPECTION.

FINAL
(CORRECTION RECORD OVER)
365
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369

UNITED STATES DEPARTM ENT OF THE INTERIOR

NATIONAL PARK SERVICE

NATIONAL REGISTER OF HISTO RIC PLAC ES

EVALUATION/RETURN SHEET
REQ UESTED ACTION: NOMINATION
PRO PERTY G oldschm idt H ouse
NAM E:

M U LTIPLE
NAM E:

STATE & CO UNTY: C ALIFO R N IA, Orange
DATE RECEIVED: 8/31/04
DATE OF 16TH DAY: 10/06/04
DATE OF W EEKLY LIST:

REFERENCE NUM BER: 04001136
DATE OF PENDING LIST: 9/21/04
DATE OF 45TH DAY: 10/14/04
REASONS FO R REVIEW :

APPEAL: N DATA PR O BLEM : N LAN D SCAPE: N LESS THAN 50 YEARS: N O THER: Y PDIL: N PERIOD: N PROGRAM UNAPPROVED: N
REQ UEST: N SAM PLE: N SLR D R AFT: N NATIO NAL: N
COM M ENT W AIVER: N

ACCEPT RETURN R EJEC T DATE
ABSTRACT/SUM M ARY CO M M ENTS:

The Goldschmidt House meets National Register Criterion C in the area of Architecture, as a excellent local example of Spanish Colonial Revival-styled residential design by prominent Southern California architect Paul R. Williams. An early work of Williams, the distinctive Goldschmidt House represented an outstanding contribution to the emerging 1920s planned “Spanish Village” community of San Clemente.

RECOM ./CRITERIA C
' i 4^ REVIEW ER r-"Aul M. DISCIPLINE H }sra/ifa.i
TELEPH O NE 2 • . _____ DATE /oj
DO CUM ENTATION see attached com m ents Y/N see attached SLR Y/N Ifa nom ination is returned to the nom inating authority, the nom ination is no longer under consideration by the NPS. 370
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389
390
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407
Huseum $c iS?s?cirrI| (Htntn
-_>^>//'w/></ff-f'/A /Afi >f'f///f- \
July 8,2003

DECEIVED
-’6 - 3 2003
OHP
To whom it may concern:

The Goldschmidt home at 243 Avenida La Cuesta is ofgreat historical significance to the City of San Clemente.

The architectural significance is that it is the only Spanish Revival style home built by Paul R.

Williams in San Clemente, the “Spanish Village by the Sea”. The Goldschmidt residence marks the infusion ofthe talents ofthat master architect ofprivate residences into the milieu dominated by the personal visions of architects Virgil Westbrook and Carl Lindbom, colleagues ofthe city founder. Ole Hanson.

The residence was built in 1928, the same year as Casa Pacifica (the Western White House) and Casa Romantica, the two San Clemente residences that are now on the National Register of Historic Places. But, unlike those homes, the Goldschmidt home represents the last view ofthe era before San Clemente was developed. The Goldschmidts were the old family, who had sold their holdings in Rancho Los Desechos to the developers Hamilton Cotton (Casa Pacifica) and Ole Hanson (Casa Romantica). The Goldschmidt home was the base from which the Goldschmidt family ran cattle until the late 1930’sjust as they had done since 1906.

Very truly yours.

Bill Bluett
Vice President
San Clemente Historical Society
P.O. Box 283 • San Clemente, CA 92674
(949) 492-9684 408
.^ECEiVEL
- 8 2003
-_OHP
July 11th. 2003
To Whom It May Concern:

It is my opinion that one of the finest homes still existing in San Ciemente, California IS ‘he Goldschmidt home. It makes up a small group of three homes that act as three pillars of the community; Casa Rornantica, La Casa Pacifica, and the Goldschmidt’s home. It’s no longer a stepchild; has been restored to a position of equality with the other two making it the third pillar of San Clemente history. The three homes belong to an age when brash self-confidence and faith in big business, technology, and advertising teamed to give San Clemente and America a vibrant, extroverted personality. The home is still today both innovative and sophisticated.

The home is Spanish-Moorish Romanesque style two story stuccoed in immaculate condition, built by a superb architect. Buff stucco, red tile, and black iron splash of a different time and era. When the Goldschmidts helped develop San Clemente early on with cattle and banking.

Yours Truly,
Alexander Forster,
Great, Great Grandson of an early
California ranch family
409
January 11,2003
rf developers ofthe city ^ ^ several thousand acres ofranch land adjacent to and ™T house located at 243 Aveneda de la Cuesta wasthe ranch house. In the inni^I^ n r"® made a code was established governing the exterior am ‘Chosen consisted ofred tile roofs and white stuLr elevations There chosen ^ZSo,L conunercial structures remaining which exhibit the style ^ Aveneda de la Cuesta is an outstanding example ofthe “San Clemente Style” It to *‘>cation, appearance, and commanding views ofthe SficSr^ surroundmg land rt should be considered for recognition as a house ofhistoric Adlai F. Goldschmidt
2140 Dame Shirley Way
Gold River, CA 95670
410
U.S. Department ofInterior
National Park Service
National Register ofHistoric Places
RhCEiVED
- 3 2C03
OHP
Dear Dept, ofInterior:

We are the owners ofthe property at 243 Avenida La Cuesta in San Clemente, California.

We are submitting an application for our home to be placed on the National Register ofHistoric Places. We would be very proud to uphold this standard ofhistoric preservation.

Please accept our application for consideration and ifyou have any questions we may address, please contact us.

Thank you very much for your consideration.

Historically yours,
Dena and Lee Van Slyke
//
411
Michael
Luna
& As.sociates Ŷ
RECc ^VED
4UO3
July 11, 2003 0HP
31681
Camino
Ci atrano.

Si fe 105
San
Juan
Capistrano.

California
92675
(949) 493-5200
Fax: (949) 493-5248
EMail:

[email protected]
U.S. Department of The Interior
National Park Service
Cultural Resource Stewardship and Partnerships
Heritage Preservation Services
Washington D.C
RE: Request for placement on the National Listing of
Historic Places
243 Avenida La Questa
San Clemente, California
To whom it may concern,
Our architectural firm located in San Juan Capistrano, California has specialized in the preservation and expansion of historic Spanish Colonial Revival residences in Southern California for the past 20 years. Of the many projects which we have worked on, this subject project property constructed in the mid 1920’s is one of the best examples of this style of architecture that we have witnessed over the years. This home has been well cared for and her architectural detailing is exemplary.

In addition to the above, the building was designed by Paul R.

Williams, Architect, one of California’s first African American Architects. His understanding of this style of Architecture is best displayed with this building.

We are sending this letter in support for the placement of this residence on the National List of Historic Places as this building is worthy of any and all protection which may be-ayailable.

Subfnitt]
icrjfi^Luna, Architect
Michael Luna & Associates, Architects, Inc.
412
ATTACHMENT 1
r eview and c o mmen t r epo r t
BY

CERTIFIED LOCAL GOVERNMENT

HISTORIC PRESERVATION COMMISSION
ON AN

APPLICATION FOR LISTING ON THE NATIONAL REGISTER OF HISTORIC PLACES Property Name: The Goldschmidt House
Name of Certified Local Government:.

Category of Significance:

X Architecture
X other Exterior G ardens
City of San Clem ente
, History . Archeology
_K__The Commission recommends the nomination of this property by listed on the National Register of Historic Places, with the following comments:

The G oldschm idt H ouse located at 243 Avenida la C uesta represents one ofthe finestearly w orks by architectPaul R. William s, the firstAfrican Am erican to be granted a fellow ship in the Am erican Institute ofArchitects. The house w as builtin 1928 and is a classic exam ple of Spanish Colonial RevivalArchitecture, itincludes building m aterials of redwood lath and plaster, the originalSpanish clay tile roof, 8" thick white stucco exterior walls, w ood, wrought iron and stucco balconies, corbelled archways and an arch shaped paneled frontdoor. Additionally, the property has severalm agnificentpalm, eucalyptus and Italian snow pine trees dating back 75 years. ___The C om m ission does notrecom m end this propertyfornom ination to the N ational R egisterofHistoric Places forthe following reasons;
signature ofChairpersO T ofthe
Historic Preservation C om m ission
Date
Commission Form
I 'd i^eroN NOISIAIO DNINNVld DS JO AilO t^00r61'ddV
413
STATE OF CALIFORNIA - THE RESOURCES AGENCY ARNOLD SCHWARZENEGGER, Governor

OFFICE OF HISTORIC PRESERVATION

DEPARTMENT OF PARKS AND RECREATION
P.O. BOX 942896
SACRAMENTO, CA 94296-0001
(916) 653-6624 Fax: (916) 653-9824
[email protected]
www.ohp.parks.ca.gov
August 17, 2004
Ms. Carol D. Shull, Keeper
National Register of Historic Places
National Park Service 2280
1201 I (Eye) Street, NW
Washington, DC 20005
Subject: Goldschmidt House
San Clemente, Orange County, California
National Register of Historic Places
Dear Ms. Shull:

Enclosed please find the Goldschmidt House nomination to the National Register of Historic Places. This property is located in San Clemer*e. Orange County, California. On August 6, 2004 the State Historical Resources Commission found the property eligible for the National Register under Criterion C in the area of architecture at the local level of significance.

If you have any questions regarding this nomination, please contact Cynthia Howse of my staff at (916) 653-9054.

SincL/ellr,
Milford Wayne Donaldson, FAIA
State Historic Preservation Officer
Enclosures
414
To whom it may concern.

Photographic papers which are marked
**digital^ on the backside are now becoming
The industry standard, and does not mean
That a digital camera made the image. The
New photofinishing machines use a laser
Engine to generate the image rather than
Optical systems to print both negatives
And digitalfiles....

Clive Jackman
Aperture Photo Lah
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658
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: June 18, 2024 Agenda Item: 10A.

Submitted By: City Clerk
Prepared By: Laura Campagnolo, City Clerk
Subject:
..titl e

ADOPT REGULATIONS FOR CANDIDATE STATEMENTS FOR CANDIDATES FOR

ELECTIVE OFFICE PERTAINING TO CANDIDATE STATEMENTS SUBMITTED TO THE VOTERS AT AND ELECTION TO BE HELD NOVEMBER 5, 2024 ..body Fiscal Impact:

There is no fiscal impact to adopt regulations for candidate statements.

Summary:

The next General Municipal Election in San Clemente is scheduled to take place on November 5, 2024. In November 2023, the City Council adopted Ordinance No. 1762 transitioning the City from at-large to by-district elections. Because the terms of office for two members of the City Council (currently filled by Chris Duncan and Rick Loeffler) are scheduled to expire this year, the citizens of San Clemente in Districts 3 and 4 will be asked to vote to fill one seat in each of those districts for full terms of four years.

The candidate filing period for Members of the City Council will run from July 15, 2024 to August 9, 2024 at 5:00 p.m. Elections Code section 13307 authorizes each candidate to prepare a candidate’s statement on a form provided by the City Clerk, and governs the City’s adoption of regulations for those statements. Section 13307 imposes a limitation of 200 words for each statement but authorizes the City to increase the limit to 400 words. In addition, Section 13307 requires the City to determine, at least seven days prior to the opening of the nominating period, whether a charge will be imposed on candidates for the costs associated with distributing their statements.

At this time, Staff recommends that the City Council adopt a resolution setting regulations for candidate statements for the November 2, 2024 election. Staff recommends that the statutory word limitation of 200 words not be increased for City candidates, and that candidates who choose to file a candidate’s statement be required to pay a deposit to cover the associated costs.

Pursuant to Section 13307, if the actual costs are less than the amount of the deposit, the balance will be refunded to the candidates and, if they are more, candidates will be billed for the difference.

Council Options:
 Adopt Resolution No. 24-91.
 Modify and adopt Resolution No. 24-91.
659
Meeting Date: June 18, 2024 Agenda Item: 10A.

CITY OF SAN CLEMENTE 2
Environmental Review/Analysis:

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

Recommended Actions:

Staff Recommendation ..recommendation
Adopt Resolution No. 24-91 entitled RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR

ELECTIVE OFFICE PERTAINING TO MATERIALS SUBMITTED TO THE ELECTORATE AT THE MUNICIPAL ELECTION TO BE HELD TUESDAY, NOVEMBER 5, 2024. ..end
Attachment:

1. Resolution No. 24-91
Notification:

None.
660
ATTACHMENT 1
RESOLUTION NO. 24-91

RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF SAN CLEMENTE, CALIFORNIA,

ADOPTING REGULATIONS FOR CANDIDATES

FOR ELECTIVE OFFICE PERTAINING TO

MATERIALS SUBMITTED TO THE ELECTORATE AT

THE MUNICIPAL ELECTION TO BE HELD
TUESDAY, NOVEMBER 5, 2024
WHEREAS, Section 13307 of the Elections Code of the State of California allows each candidate for elective office to prepare a candidate statement of no more than 200 words on a form provided by the elections official; and WHEREAS, Section 13307 and the Federal Voting Rights Act requires the elections official to include the written statements of each candidate in the voter information guide, with translation into all languages required by the County of Orange; and
WHEREAS, Section 13307 permits the governing body of a local agency to estimate the total cost of printing, handling, translating, mailing, and electronically distributing these candidate statements and to require each candidate filing such a statement to pay in advance their estimated pro rata share as a condition of having their statement included in the voter information guide.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE,

CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

SECTION 1. Pursuant to Section 13307 of the Elections Code of the State of California, each candidate for elective office running in the general municipal election to be held in the City of San Clemente on Tuesday, November 5, 2024, may prepare a candidate statement on an appropriate form provided by the City Clerk. The statement may include the name, age, and occupation of the candidate and a brief description of no more than 200 words of the candidate’s education and qualifications expressed by the candidate himself or herself. The statement shall not include the party affiliation of the candidate nor membership or activity in partisan political organizations. The statement shall be filed in the Office of the City Clerk during normal business hours, as posted, no sooner than Monday, July 15, 2024, and no later than Friday, August 9, 2024. The statement may be withdrawn but not changed during the stated period and until 5:00 p.m. on Monday, August 12, 2024.
661
Resolution No. 24-91 Page 2
SECTION 2. Pursuant to the Federal Voting Rights Act, candidate statements will be translated into all languages required by the County of Orange. The County is required to translate candidate statements into the following languages: Spanish, Chinese, Korean and Vietnamese. The County will print, mail, and make available voter information guides and candidate statements in applicable languages as required.

SECTION 3. The City Clerk shall estimate the total cost of printing, handling, translating, and mailing the candidates’ statements filed pursuant to the Elections Code, including costs incurred as a result of complying with the Voting Rights Act of 1965 (as amended), and require each candidate filing a statement to pay in advance their estimated pro rata share as a condition of having their statement included in the voter information guide. The estimate shall be an approximation of the actual cost and may be significantly more or less than the estimate. Accordingly, the City is not bound by the estimate and may, on a pro-rata basis, bill each candidate for additional actual expense or refund any excess paid depending on the final actual cost.

SECTION 4. The City Clerk shall provide each candidate or the candidate’s representative with a copy of this resolution at the time the nominating petitions are issued. An electronic copy is sufficient to meet this requirement.

SECTION 5. No candidate will be permitted to include additional materials in the voter information packet.

SECTION 6. All previous resolutions establishing City Council policy concerning payment for Candidate Statements are repealed.

SECTION 7. This resolution shall apply only to the election to be held on November 5, 2024, and shall then be repealed.

SECTION 8. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

PASSED, APPROVED AND ADOPTED this _____ day of ___________, 2024. 662
Resolution No. 24-91 Page 3
MAYOR of the City of
San Clemente, California
ATTEST:

CITY CLERK of the City of
San Clemente, California

STATE OF CALIFORNIA )

COUNTY OF ORANGE ) SS

CITY OF SAN CLEMENTE)
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 24-91 was adopted at a regular meeting of the City Council of the City of San Clemente held on the __________day of ___________, 2024, by the following vote:

AYES:

NOES:

ABSENT:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this ________ day of ______________, 2024.

CITY CLERK of the City of
San Clemente, California
Approved as to form:
__
Elizabeth A. Mitchell, City Attorney
663
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: June 18, 2024 Agenda Item: 10B.

Submitted By: Finance and Administrative Services
Prepared By: Brian Brower, Administrative Services Director Jake Rahn, Finance Manager
Matthew Schmelzel, Management Analyst
Subject:
..titl e
FY 2024-25 CONTRACT BETWEEN THE CITY OF SAN CLEMENTE AND THE COUNTY OF ORANGE FOR POLICE SERVICES ..body
Fiscal Impact:

The FY 2024-25 General Fund budget includes $22.9 million for police and support services.

Summary:

Before the City Council is approval of the annual Police Services Agreement between the City of San Clemente and the County of Orange for the period of July 1, 2024 through June 30, 2025.

The maximum contractual obligation is inclusive of 58 police officers and 16.90 regional shared staff. The core component of this year’s contract increase is attributed to the recently adopted salary and benefit increases for Orange County Sheriff Department employees.

Background:

As part of the annual budget process, law enforcement costs and service level expectations are evaluated by City staff in collaboration with the Orange County Sheriff’s Department (OCSD) before presentation to the City Council for approval. The total police services budget in FY 2024- 25 is $22.9 million, with the contract representing $20.9 million in the General Fund and additional funding provided in the Police Services Grant fund from Citizen Option Public Safety (COPS) grant program.

The FY 2024-25 contract includes 58 full-time equivalent (FTE) and 16.90 regional shared staff positions, which includes the four (4) additional deputies added in FY 2023-24 to address service demands in the North Beach, Pier Bowl and Del Mar areas. However, vacancy credits have been budgeted based on current staff vacancies and anticipation of augmented services provided by the City’s Park Ranger program. This methodology allows flexibility in meeting public safety service demands by utilizing a hybrid of City Park Ranger staff and law enforcement personnel.

The County of Orange collective bargaining units recently negotiated a Memorandum Of Understanding (MOU) increasing base salaries for peace officer units by 17% over three (3) years. Impacts to the FY 2023-24 contract were prorated to reflect a 3.39% or $671,183 contract increase with an effective date of December 29, 2024. The Association of Orange County Deputy Sheriffs (AOCDS) represent positions that significantly impact contractual obligations with salaries increasing 17% over the three (3) year period. Respectively, other bargaining units with impacts include Association of County Law Enforcement Managers (ACLEM), Orange County 664
Meeting Date: June 18, 2024 Agenda Item: 10B.

CITY OF SAN CLEMENTE 2
Managers Association (OCMA) and Orange County Employees Association (OCEA). Negotiated increases affect multiple facets of the contract such as overtime, training, and special pays, however, salaries and benefits are the most significant direct contractual cost. The base salary increases over the next two years is noted in the following table for each bargaining unit.

Effective Date AOCDS ACLEM OCMA OCEA
December 29, 2023 8% 8% 4.75% 4.75%
June 28, 2024 5% 5% 4.25% 4.25%
June 27, 2025 4% 4% 4% 4%
Total 17% 17% 13% 13%
Total estimated police services cost increase by 2.98% from the adjusted FY 2024-25 contract.

The maximum obligation set forth in the agreement is $21.7 million which includes overtime and $200,000 in vacancy credits (leave, vacant positions and workers compensation). Additional vacancy savings are budgeted outside of the contract based on historical information and staffing levels for two (2) vacant DS II patrol positions representing approximately $600,000 for anticipated costs of $21.1 million. Category fluctuations are discussed in the following table and paragraphs.

Cost Component FY 2023-24 FY 2024-25 $ Change % Change
Personnel $ 15,911,278 $ 16,825,946 $ 914,668 5.8%
Services & Supplies $ 409,771 $ 430,079 $ 20,308 5.0%
Transportation $ 791,999 $ 605,325 $(186,674) -23.6%
Overhead $ 2,136,074 $ 2,093,525 $ (42,549) -2.0%
Training $ 497,777 $ 621,812 $ 124,035 24.9%
Leave Paydowns $ 245,469 $ 140,795 $(104,674) -42.6%
Contract Admin $ 55,706 $ 61,039 $ 5,333 9.6%
BWC/ICW/MDC $ 469,883 $ 361,252 $(108,631) -23.1%
Other $ 15,381 $ 15,895 $ 514 3.3%
Revenue Offset $ (52,890) $ (64,558) $ (11,668) 22.1%
TOTAL BUDGET $20,480,448 $21,091,110 $ 610,662 2.98%
* Overtime costs of $918,700 are offset by forecasted vacancy credits based on historical trends for the budget.

Personnel costs increase by $914,668, or 5.8%, due to MOU negotiations which include base salary, benefits, overtime, vacancy credit, special and premium pay. Salaries are calculated using a weighted average pay rate methodology.

Current regular salaries for direct personnel total $7.6 million and benefits total $6.9 million.

Regional shared staff regular salaries total approximately $309,000 and benefits total $265,000.

Services & Supplies (S&S) which includes overhead related supplies and services, Liability Insurance, direct services and supplies, increase by 4.96% primarily due to increases in patrol and supplies. These costs are charged two years in arrears. 665
Meeting Date: June 18, 2024 Agenda Item: 10B.

CITY OF SAN CLEMENTE 3
Transportation which includes vehicle acquisition costs, mileage and maintenance, enhanced helicopter response services and regional team transportation costs decrease 23.6%. Prior year costs include the acquisition of two (2) fully equipped patrol vehicles at $171,000 and overall mileage driven explain this reduction.

Overhead and Training costs see a 24.92% increase in training cost due to the COLA adjustment and a 2% decrease to overhead based on 2-year arrear billing calculated within the County-Wide Cost Allocation Plan.

Body Worn Camera/In Car Video/Mobile Data Computer costs decrease by $108,631 or -

23.1%. Implementation costs for the new Body Worn Cameras and In Car Video equipment is fully paid and current charges reflect operating costs.

Motorcycle acquisition costs increase $60,000 to facilitate the OCSD ownership transition. Staff evaluated replacement, maintenance, and cost feasibility of owning these vehicles and determined cost savings would be achieved through transfer of ownership to OCSD.

Council Options:
 Adopt Resolution No. 24-92 authorizing the City Manager to execute the contract between the City of San Clemente and the County of Orange for FY 2024-25 police services.  Modify and adopt Resolution No. 24-92.
 Continue the Item and direct staff to provide additional information.  Deny the request to adopt Resolution No. 24-92 and allow the Police Services Contract to expire.

Environmental Review/Analysis:

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

Recommended Actions:

Staff Recommendation ..recommendation
Adopt Resolution No. 24-92 authorizing the City Manager to execute the contract between the City of San Clemente and the County of Orange for FY 2024-25 police services. ..end
Attachment:

1. Resolution No. 24-92

2. FY 2024-25 Police Services Contract
Notification
County of Orange.
..recommendation
..end
666
ATTACHMENT 1
4867-3182-8585 v1
RESOLUTION NO. 24-92

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, AUTHORIZING THE CITY

MANAGER TO EXECUTE A CONTRACT WITH THE

COUNTY OF ORANGE FOR POLICE SERVICES FOR FY
2024-25
WHEREAS, the City Council held a public budget workshop on May 21, 2024 and discussed police service levels for the FY 2024-25 agreement; and WHEREAS, the City Council held a public hearing on the proposed 2024-25 fiscal year budget on June 4, 2024; and
WHEREAS, on June 4, 2024, the City Council adopted the FY 2024-25 budget, which included funding for the police services agreement; and WHEREAS, entering into a contract with the County of Orange for police services for FY 2024-25 is in the public’s interest and is necessary for public safety and welfare.

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 hereby authorizes and directs the City Manager to execute a contract between the City of San Clemente and the County of Orange, for a total contract maximum obligation of $21,686,924 in substantially the same form presented to City Council on June 18, 2024.

SECTION 3. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

PASSED AND ADOPTED this _____ day of June, 2024.

ATTEST:
___________________________ __________________________
City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California
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Resolution No. 24-92 Page 2
4867-3182-8585 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. 24-92 was adopted at a regular meeting of the City Council of the City of San Clemente held on the _______ day of June 2024, by the following vote:

AYES:

NOES:

ABSENT:

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

BETWEEN THE

CITY OF SAN CLEMENTE

AND THE

COUNTY OF ORANGE
THIS AGREEMENT is entered into this First day of JuO\ 2024, which date is enumerated for purposes of reference only, by and between the CITY OF SAN CLEMENTE, hereinafter referred to as “CITY”, and the COUNTY OF ORANGE, a political subdivision of the State of California, hereinafter referred to as “COUNTY”.

RECITALS:

WHEREAS, CITY wishes to contract with COUNTY for law enforcement services; and
WHEREAS, COUNTY is agreeable to the rendering of such services, as authorized in Government Code Sections 51301, 54981 and 55632, on the terms and conditions hereinafter set forth,
NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
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TABLE OF CONTENTS

SECTION PAGE
A. TERM .......................................................................................................... 3 B. OPTIONAL TERMINATION OR EXTENSION ............................................... 3 C. REGULAR SERVICES BY COUNTY............................................................. 3 D. ENHANCED AND SUPPLEMENTAL SERVICES BY COUNTY .................... 6 E. BODY WORN CAMERA AND IN CAR VIDEO ............................................. 9 F. PAYMENT ................................................................................................... 10 G. OWNERSHIP OF POLICE STATION .......................................................... 14 H. NOTICES ..................................................................................................... 14 I. STATUS OF COUNTY ................................................................................. 14 J. STATE AUDIT ............................................................................................. 15 K. ALTERATION OF TERMS ........................................................................... 15 L. INDEMNIFICATION ..................................................................................... 15 M. OPERATIONS AGREEMENT ...................................................................... 17 N. TRAFFIC VIOLATOR APPREHENSION PROGRAM .................................. 17 O. MOBILE DATA COMPUTERS ..................................................................... 20 P. E-CITATION UNITS ..................................................................................... 21 Q. LICENSING SERVICES BY CITY ............................................................... 23 R. EQUIPMENT ............................................................................................... 21 SIGNATURE PAGE. ........................................................................................... 24 Attachment A Regular Services by County
Attachment B Payment
Attachment C Operations Agreement
Attachment D County Billing Policy
Attachment E Forfeited and Seized Asset Policy
Attachment F TVAP Resolution
Attachment G TVAP Form
Attachment H City Ordinance
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A. TERM:

The term of this Agreement shall commence July 1, 2024 and terminate June 30, 2025, unless earlier terminated by either party or extended in the manner set forth herein.

B. OPTIONAL TERMINATION OR EXTENSION:

1. COUNTY or CITY may terminate this Agreement, without cause, upon one-hundred and eighty (180) days written notice to the other party.

2. If COUNTY and CITY have not entered into a written agreement by June 30, 2025 for COUNTY to provide to CITY, during all or part of the period between July 1, 2025 and June 30, 2026, law enforcement services similar to those specified herein, then SHERIFF, on behalf of COUNTY, and CITY’s Manager, on behalf of CITY, are authorized to execute a written amendment to this Agreement that provides as follows and does not materially alter other terms of the Agreement: SHERIFF shall continue to provide to CITY all or a designated part of the law enforcement services specified herein, for a specified time period between July 1, 2025 and August 31, 2025, and CITY shall pay COUNTY the full costs of providing such services. Such full costs may be greater than those listed herein for the period July 1, 2024 through June 30, 2025. SHERIFF and CITY Manager shall file copies of any such amendments to this Agreement with the Clerk of COUNTY’s Board of Supervisors and CITY’s Clerk.

C. REGULAR SERVICES BY COUNTY:

1. COUNTY, through its Sheriff-Coroner and deputies, officers and employees, herein referred to as “SHERIFF”, shall render to CITY law enforcement services as hereinafter provided. Such services shall include the enforcement of lawful State statutes and lawful municipal ordinances of CITY.
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C. REGULAR SERVICES BY COUNTY: (Continued)

2. The night, day and evening patrol and supervisory shifts will be established by SHERIFF through the Chief of Police Services (Captain) assigned to CITY, who will report directly to CITY Manager. Personnel of each shift may work varying and different times and may be deployed to other shifts when, in the opinion of SHERIFF and CITY Manager, the need arises. Any longterm shift deployment change will be reported to CITY’s Council.

3. The level of service to be provided by COUNTY, for the period July 1, 2024 through June 30, 2025, is set forth in Attachment A.

4. For any service listed in Attachment A of this Agreement that is provided to CITY at less than 100% of a full-time SHERIFF position, COUNTY retains the option to terminate such service in the event the other city or cities that contract for the balance of the time of the employee providing the service no longer pay(s) for such service and CITY does not request the Agreement be amended to provide for payment of 100% of the cost of the employee providing such service. The Maximum Obligation of CITY set forth in Subsection F-2 will be adjusted accordingly.

5. All services contracted for in this Agreement may not be operational on the precise date specified in this Agreement. In those instances, SHERIFF shall notify CITY Manager of the date or dates such service or services are to be implemented. COUNTY shall reduce the monthly charges to CITY, based on the actual date of implementation of the service or services. Charges shall be reduced on the next monthly billing tendered in accordance with Subsection F-3 of this Agreement.

6. During emergencies, such as mutual aid situations, SHERIFF will attempt to leave in CITY the Captain in charge of CITY Police Services. If SHERIFF determines that the Captain is needed elsewhere, SHERIFF will notify CITY’s Manager within four (4) hours. SHERIFF will return the Captain to 672

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C. REGULAR SERVICES BY COUNTY: (Continued)
CITY as soon as possible once the emergency situation is under control.

7. With the limitations set forth below, SHERIFF, on behalf of COUNTY, and CITY Manager, on behalf of CITY, are authorized to execute written amendments to this Agreement to increase or decrease the level of service set forth in Attachment A, when SHERIFF and CITY Manager mutually agree that such increase or decrease in the level of service is appropriate.

Any such amendment to the Agreement shall concomitantly increase or decrease the cost of services payable by CITY set forth in Attachment B. and the Maximum Obligation of CITY set forth in Subsection F-2, in accordance with the current year’s COUNTY law enforcement cost study.

SHERIFF and CITY Manager shall file copies of any such amendments to this Agreement with the Clerk of COUNTY’s Board of Supervisors and CITY’s Clerk. Except for costs related to Sections G-4a and G-4b, changes to this Agreement executed by SHERIFF and CITY Manager may not, in the aggregate, increase or decrease the cost of services payable by CITY by more than one percent (1%) of the total cost originally set forth in Attachment B and the Maximum Obligation originally set forth in Subsection F-2.

Except for changes under Sections G-4a and G4b, prior approval by COUNTY’s Board of Supervisors and CITY’s Council is required before execution of any amendment that brings the aggregate total of changes in costs payable by CITY to more than one percent (1%) of the total cost originally set forth in Attachment B and the Maximum Obligation originally set forth in Subsection F-2 of this Agreement.
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C. REGULAR SERVICES BY COUNTY: (Continued)

8. With respect to the licensing ordinances of CITY listed in Attachment H.

SHERIFF shall receive applications for CITY licenses pursuant to said ordinances and complete investigations relating to such applications. Said investigations shall be forwarded to CITY Manager. COUNTY shall not provide any advisory, administrative, hearing or litigation attorney support or services related to licensing. COUNTY shall not provide any administrative or investigative services related to the licensing ordinances listed in Attachment H, except the investigations relating to initial applications for which this subsection provides.

D. ENHANCED AND SUPPLEMENTAL SERVICES BY COUNTY:

1. Enhanced services for events on CITY property. At the request of CITY, through its City Manager, SHERIFF may provide enhanced law enforcement services for functions, such as community events, conducted on property that is owned, leased or operated by CITY. SHERIFF shall determine personnel and equipment needed for such enhanced services.

To the extent the services provided at such events are at a level greater than that specified in Attachment A of this Agreement, CITY shall reimburse COUNTY for such additional services, at an amount computed by SHERIFF, based on the current year’s COUNTY law enforcement cost study. The cost of these enhanced services shall be in addition to the Maximum Obligation of CITY set forth in Subsection F-2 of this Agreement.

SHERIFF shall bill CITY immediately after each such event.

2. Supplemental services for occasional events operated by private individuals and entities on non-CITY property. At the request of CITY, through its City Manager, and within the limitations set forth in this Subsection D-2, SHERIFF may provide supplemental law enforcement services to preserve the peace at special events or occurrences that occur on an occasional basis 674

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D. ENHANCED AND SUPPLEMENTAL SERVICES BY COUNTY: (Continued) basis and are operated by private individuals or private entities on nonCITY property. SHERIFF shall determine personnel and equipment needed for such supplemental services, and will provide such supplemental services only if SHERIFF is able to do so without reducing the normal and regular ongoing services that SHERIFF otherwise would provide to CITY pursuant to this Agreement. Such supplemental services shall be provided only by regularly appointed full-time peace officers, at rates of pay governed by a Memorandum of Understanding between COUNTY and the bargaining unit(s) representing the peace officers providing the services. Such supplemental services shall include only law enforcement duties and shall not include services authorized to be provided by a private patrol operator, as defined in Section 7582.1 of the Business and Professions Code. Law enforcement support functions, including, but not limited to, clerical functions and forensic science services, may be performed by non-peace officer personnel if the services do not involve patrol or keeping the peace and are incidental to the provision of law enforcement services. CITY shall reimburse COUNTY its full, actual costs of providing such supplemental services at an amount computed by SHERIFF, based on the current year’s COUNTY law enforcement cost study. The cost of these supplemental services shall be in addition to the Maximum Obligation of CITY set forth in Subsection F-2 of this Agreement. SHERIFF shall bill CITY immediately after each such event.

3. Supplemental services for events operated by public entities on non-CITY property. At the request of CITY, through its City Manager, and within the limitations set forth in this Subsection D-3, SHERIFF may provide supplemental law enforcement services to preserve the peace at special events or occurrences that occur on an occasional basis and are operated 675

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D. ENHANCED AND SUPPLEMENTAL SERVICES BY COUNTY: (Continued) by public entities on non-CITY property. SHERIFF shall determine personnel and equipment needed for such supplemental services, and will provide such supplemental services only if SHERIFF is able to do so without reducing services that SHERIFF otherwise would provide to CITY pursuant to this Agreement. CITY shall reimburse COUNTY its full, actual costs of providing such supplemental services at an amount computed by SHERIFF, based on the current year's COUNTY law enforcement cost study. The cost of these supplemental services shall be in addition to the Maximum Obligation of CITY set forth in Subsection F-2 of this Agreement. SHERIFF shall bill CITY immediately after each such event.

4. Notwithstanding the foregoing, CITY, through its permit process, may utilize the services of SHERIFF at events, for which CITY issues permits, that are operated by private individuals or entities or public entities. SHERIFF shall determine personnel and equipment needed for said events. If said events are in addition to the level of services listed in Attachment A of this Agreement, CITY shall reimburse COUNTY for such additional services at an amount computed by SHERIFF, based upon the current year’s COUNTY law enforcement cost study. The cost of these services shall be in addition to the Maximum Obligation of CITY set forth in Subsection F-2 of this Agreement. SHERIFF shall bill CITY immediately after said services are rendered.

5. In accordance with Government Code Section 51350, COUNTY has adopted Board Resolution 89-1160 which identifies Countywide services, including but not limited to helicopter response. SHERIFF through this contract provides enhanced helicopter response services.

The cost of enhanced helicopter response services is included in the cost of services set forth in Attachment B and in the Maximum Obligation of CITY 676

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D. ENHANCED AND SUPPLEMENTAL SERVICES BY COUNTY: (Continued) set forth in Subsection F-2. COUNTY shall not charge any additional amounts for enhanced helicopter services after the cost of services set forth in Attachment B and in the Maximum Obligation set forth in Subsection F-2 has been established without written notification to the CITY.

E. BODY WORN CAMERA AND IN CAR VIDEO:

1. As part of the law enforcement services to be provided to CITY, COUNTY has provided, or will provide, body worn cameras (hereinafter called “BWC”) that will be worn by SHERIFF’S personnel and In Car Video (hereinafter called “ICV”) that will be mounted in vehicles designated by SHERIFF for use within CITY service area.

2. SHERIFF has the exclusive right to use said BWC and ICV for law enforcement services related to this Agreement.

3. CITY shall pay COUNTY the full costs to COUNTY of a) the acquisition of BWC and the acquisition and installation of ICV and b) recurring costs, as deemed necessary by COUNTY, including the costs of maintenance and contributions to a fund for replacement and upgrade of such BWC and ICV when they become functionally or technologically obsolete.

The costs to be paid by CITY for recurring costs, including maintenance and replacement/upgrade of BWC and ICV, are included in the costs set forth in Attachment B and the Maximum Obligation of CITY set forth in Subsection F-2 of this Agreement unless CITY has already paid such costs.

4. If, following the initial acquisition of BWC and ICV referenced above, CITY requires BWC and ICV for additional SHERIFF’S personnel or vehicles designated for use in the CITY service area, COUNTY will purchase said additional BWC and ICV. Upon demand by COUNTY, CITY will pay to COUNTY a) the full costs of acquisition of additional BWC and the full costs of acquisition and installation of additional ICV, and b) the full recurring 677

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E. BODY WORN CAMERA AND IN CAR VIDEO: (Continued)
costs for said BWC and ICV, as deemed necessary by COUNTY, including the costs of maintenance, and contributions to a fund for replacement and upgrade of such BWC and ICV when they become functionally or technologically obsolete. Said costs related to additional BWC and ICV are not included in, and are in addition to, the costs set forth in Attachment B and the Maximum Obligation of CITY set forth in Subsection F-2 of this Agreement.

5. COUNTY will replace and/or upgrade BWC and ICV as needed. The costs of replacing/upgrading BWC and ICV shall be paid by COUNTY from the replacement/upgrade funds to be paid by CITY in accordance with the foregoing. CITY shall not be charged any additional charge to replace or upgrade BWC and ICV.

F. PAYMENT:

1. Pursuant to Government Code Section 51350, CITY agrees to pay to COUNTY the full costs of performing the services mutually agreed upon in this Agreement. The costs of services include salaries, wages, benefits, mileage, services, supplies, equipment, and divisional, departmental and COUNTY General overhead.

2. Unless the level of service set forth in Attachment A is increased or decreased by mutual agreement of the parties, or CITY is required to pay for increases as set forth in Subsection F-4, or the costs increase or decrease as a result of amendment of the Operations Agreement (Attachment C) in accordance with Subsection M-2, the Maximum Obligation of CITY for services, other than Licensing Services, set forth in Attachment A, of this Agreement to be provided by the COUNTY for the period July 1, 2024 through June 30, 2025 shall be $21,686,924 as set forth in Attachment B.
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F. PAYMENT: (Continued)
The overtime costs included in the Agreement are only an estimate.

SHERIFF shall notify CITY of actual overtime worked during each fiscal year. If actual overtime worked is above or below budgeted amounts, billings will be adjusted accordingly at the end of the fiscal year. Actual overtime costs may exceed CITY’s Maximum Obligation.

3. For services provided between July 1, 2024 and June 30, 2025, COUNTY shall invoice CITY, monthly, one-twelfth (1/12) of the Maximum Obligation of CITY. If a determination is made that increases described in Subsection F-4 must be paid, COUNTY thereafter shall include the pro-rata charges for such increases in its monthly invoices to CITY for the balance of the period between July 1, 2024 and June 30, 2025. If this Agreement is extended pursuant to Subsection B-2, COUNTY shall invoice CITY thereafter for the full costs of the law enforcement services provided in the preceding month. 4a. At the time this Agreement is executed, there may be unresolved issues pertaining to potential changes in salaries and benefits for COUNTY employees. The costs of such potential increases are not included in the Fiscal Year 2024-25 cost set forth in Attachment B nor in the Fiscal Year 2024-25 Maximum Obligation of CITY set forth in Subsection F-2 of this Agreement. If the changes result in the COUNTY incurring or becoming obligated to pay for increased costs for or on account of personnel whose costs are included in the calculations of costs charged to CITY hereunder, CITY shall pay COUNTY, in addition to the Maximum Obligation set forth in Subsection F-2 of this Agreement, the full costs of said increases to the extent such increases are attributable to work performed by such personnel after July 1, 2024, and CITY’s Maximum Obligation hereunder shall be deemed to have increased accordingly. CITY shall pay COUNTY in full for such increases on a pro-rata basis over the portion of the period between 679

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F. PAYMENT: (Continued)
July 1, 2024 and June 30, 2025 remaining after COUNTY notifies CITY that increases are payable. If the changes result in the COUNTY incurring or becoming obligated to pay for decreased costs for or on account of personnel whose costs are included in the calculations of costs charged to CITY hereunder, COUNTY shall reduce the amount owed by the CITY to the extent such decreases are attributable to work performed by such personnel during the period July 1, 2024 through June 30, 2025, and CITY’s Maximum Obligation hereunder shall be deemed to have decreased accordingly. COUNTY shall reduce required payment by CITY in full for such decreases on a pro-rata basis over the portion of the period between July 1, 2024 and June 30, 2025 remaining after COUNTY notifies CITY that the Maximum Obligation has decreased.
4b. If CITY is required to pay for increases as set forth in Subsection F-4a above, COUNTY, at the request of CITY will thereafter reduce the level of service to be provided to CITY as set forth in Attachment A of this Agreement to a level that will make the Maximum Obligation of CITY hereunder for the period July 1, 2024 through June 30, 2025 an amount specified by CITY that is equivalent to or higher or lower than the Maximum Obligation set forth in Subsection F-2 for said period at the time this Agreement originally was executed. The purpose of such adjustment of service levels will be to give CITY the option of keeping its Maximum Obligation hereunder at the pre-increase level or at any other higher or lower level specified by CITY. In the event of such reduction in level of service and adjustment of costs, the parties shall execute an amendment to this Agreement so providing, pursuant to Subsection C-7. Decisions about how to reduce the level of service provided to CITY shall be made by SHERIFF with the approval of CITY.
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F. PAYMENT: (Continued)

5. CITY shall pay COUNTY in accordance with COUNTY Board of Supervisors’ approved County Billing Policy, which is attached as Attachment D. Payments made electronically via a credit card or through a banking system that charges Merchant Fees, Service Fees, or any other Fees shall be the responsibility of the City. If the County is charged any of the before mentioned fees, the City shall be responsible for payment of these fees to the County.

6. COUNTY shall charge CITY late payment penalties in accordance with County Billing Policy.

7. Narcotic asset forfeitures will be handled pursuant to Attachment E.

8. CITY shall reimburse COUNTY for the cost of any equipment that is removed from service before the unamortized value is used.

9. As payment for the Licensing Services described in Subsection C-8 of this Agreement, COUNTY shall retain all fees paid by applicants for licenses pursuant to CITY ordinances listed in Attachment H. Retention of said fees by COUNTY shall constitute payment in full to COUNTY for costs incurred by COUNTY in performing the functions related to licensing described in Subsection C-8; provided, however, that if any of said fees are waived or reduced by CITY, CITY shall pay to COUNTY the difference between the amount of fees retained by COUNTY and the fees that were set forth in the ordinances listed in Attachment H at the time this Agreement was executed.

If CITY increases the fee schedule for the licensing ordinances set forth in Attachment H, either party shall have the right to seek amendment of this Agreement with respect to the division of the increased fees between CITY and COUNTY.
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G. OWNERSHIP OF POLICE STATION:

CITY will retain title to the land and building used for the San Clemente Police Station. CITY agrees to provide space at the City Hall premises to COUNTY for no further consideration during the period of this Agreement.

H. NOTICES:

1. Except for the notices provided for in Subsection 2 of this Section, all notices authorized or required by this Agreement shall be effective when written and deposited in the United States mail, first class postage prepaid and addressed as follows:

CITY: ATTN: CITY MANAGER
910 CALLE NEGOCIO
SAN CLEMENTE, CA 92673
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COUNTY: ATTN: LAW ENFORCEMENT CONTRACT MANAGER

SHERIFF-CORONER DEPARTMENT
320 NORTH FLOWER STREET, SUITE 108
SANTA ANA, CA 92703

2. Termination notices shall be effective when written and deposited in the United States mail, certified, return receipt requested and addressed as above.

I. STATUS OF COUNTY:

COUNTY is, and at all times shall be deemed to be, an independent contractor.

Nothing herein contained shall be construed as creating the relationship of employer and employee, or principal and agent, between CITY and COUNTY or any of COUNTY’s agents or employees. COUNTY and its SHERIFF shall retain all authority for rendition of services, standards of performance, control of personnel, and other matters incident to the performance of services by COUNTY pursuant to this Agreement. COUNTY, its agents and employees 682

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I. STATUS OF COUNTY: (Continued)
shall not be entitled to any rights or privileges of CITY employees and shall not be considered in any manner to be CITY employees.

J. STATE AUDIT:

Pursuant to Government Code Section 8546.7, CITY and COUNTY shall be subject to examination and audit by the State Auditor for a period of three (3) years after final payment by CITY to COUNTY under this Agreement. CITY and COUNTY shall retain all records relating to the performance of this Agreement for said three-year period, except that those records pertaining to any audit then in progress, or to any claim or litigation, shall be retained beyond said three-year period, until final resolution of said audit, claim or litigation.

K. ALTERATION OF TERMS:

This Agreement is comprised of this documents and Attachments A through H, which are attached hereto and incorporated-herein by reference. This Agreement fully expresses all understanding of CITY and COUNTY with respect to the subject matter of this Agreement and shall constitute the total Agreement between the parties for these purposes. No addition to, or alteration of, the terms of this Agreement, unless expressly provided herein, shall be valid unless made in writing, formally approved and executed by duly authorized agents of both parties.

L. INDEMNIFICATION:

1. COUNTY, its officers, agents, employees, subcontractors and independent contractors shall not be deemed to have assumed any liability for the negligence or any other act or omission of CITY or any of its officers, agents, employees, subcontractors or independent contractors, or for any dangerous or defective condition of any public street, work, or property of CITY, or for any illegality or unconstitutionality of CITY’s municipal ordinances. CITY shall indemnify and hold harmless COUNTY and its 683

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L. INDEMNIFICATION: (Continued)
elected and appointed officials, officers, agents, employees, subcontractors and independent contractors from any claim, demand or liability whatsoever based or asserted upon the condition of any public street, work, or property of CITY, or upon the illegality or unconstitutionality of any municipal ordinance of CITY that SHERIFF has enforced, or upon any act or omission of CITY, or its elected and appointed officials, officers, agents, employees, subcontractors or independent contractors related to this Agreement, including, but not limited to, any act or omission related to the maintenance or condition of any vehicle or motorcycle that is owned or possessed by CITY and used by COUNTY personnel in the performance of this Agreement, for property damage, bodily injury or death or any other element of damage of any kind or nature, and CITY shall defend, at its expense including attorney fees, and with counsel approved in writing by COUNTY, COUNTY and its elected and appointed officials, officers, agents, employees, subcontractors and independent contractors in any legal action or claim of any kind based or asserted upon such condition of public street, work, or property, or illegality or unconstitutionality of a municipal ordinance, or alleged acts or omissions. If judgment is entered against CITY and COUNTY by a court of competent jurisdiction because of the concurrent active negligence of either party, CITY and COUNTY agree that liability will be apportioned as determined by the court. Neither party shall request a jury apportionment.

2. COUNTY shall indemnify and hold harmless CITY and its elected and appointed officials, officers, agents, employees, subcontractors and independent contractors from any claim, demand or liability whatsoever based or asserted upon any act or omission of COUNTY or its elected and appointed officials, officers, agents, employees, subcontractors or 684

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L. INDEMNIFICATION: (Continued)
independent contractors related to this Agreement, for property damage, bodily injury or death or any other element of damage of any kind or nature, and COUNTY shall defend, at its expense, including attorney fees, and with counsel approved in writing by CITY, CITY and its elected and appointed officials, officers, agents, employees, subcontractors and independent contractors in any legal action or claim of any kind based or asserted upon such alleged acts or omissions.

M. OPERATIONS AGREEMENT:

1. Within the limitations set forth below, SHERIFF, on behalf of COUNTY, and CITY Manager, on behalf of CITY, are authorized to execute written amendments to the Operations Agreement (Attachment C). Amendments may be executed by SHERIFF and CITY Manager without prior approval by CITY’s Council and COUNTY’s Board of Supervisors only if they pertain to the same subject matter as the original Operations Agreement attached hereto and do not, in the aggregate, increase or decrease the total costs of CITY or the total expenses of COUNTY under this Agreement by more than one percent (1%). Prior approval of CITY’s Council and COUNTY’s Board of Supervisors is necessary for any other amendment of the Operations Agreement. SHERIFF and CITY Manager shall file copies of any amendments to the Operations Agreement with the Clerk of COUNTY’s Board of Supervisors and CITY’s Clerk.

N. TRAFFIC VIOLATOR APPREHENSION PROGRAM:

1. COUNTY has established a Traffic Violator Apprehension Program [“the Program”], which is operated by SHERIFF, and is designed to reduce vehicle accidents caused by unlicensed drivers and drivers whose licenses are suspended and to educate the public about the requirements of the Vehicle Code and related safety issues with regard to driver licensing, 685

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N. TRAFFIC VIOLATOR APPREHENSION PROGRAM: (Continued)
vehicle registration, vehicle operation, and vehicle parking. The Program operates throughout the unincorporated areas of the COUNTY and in the cities that contract with COUNTY for SHERIFF’s law enforcement services, without regard to jurisdictional boundaries, because an area-wide approach to reduction of traffic accidents and driver education is most effective in preventing traffic accidents. In order for CITY to participate in the Program, CITY has adopted fees pursuant to Vehicle Code Section 22850.5, in the same amount as approved by COUNTY, as set forth in the resolution that is Attachment F [hereinafter called a “TVAP resolution”], and has directed that the revenue from such fee be used for the Program. CITY’s participation in the Program may be terminated at any time by rescission or amendment of its TVAP resolution. In the event CITY 1) amends said TVAP resolution, or rescinds said TVAP resolution and adopts a new TVAP resolution pertaining to the above-referenced fees and the Program, and 2) remains a participant in the Program thereafter, CITY’s Manager, on behalf of CITY, and SHERIFF, on behalf of COUNTY, have authority to execute an amendment of this Agreement to substitute CITY’s amended or new TVAP resolution for Attachment F to the Agreement, as long as said amendment to this Agreement does not materially change any other provision of this Agreement. As COUNTY updates its fees for the Program periodically, COUNTY will provide written notice to CITY of the updated fees. CITY’s participation in the program will terminate if CITY determines not to adopt the updated fees for the Program.

2. COUNTY will make available for review, at the request of CITY, all financial data related to the Program as may be requested by CITY.

3. Fee revenue generated by COUNTY and participating cities will be used to fund the following positions, which will be assigned to the Program:
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N. TRAFFIC VIOLATOR APPREHENSION PROGRAM: (Continued)
x Ten one hundredths of one (0.10) Sergeant
(8 hours per two-week pay period)
x One (1) Staff Specialist
(80 hours per two-week pay period)
x One (1) Office Specialist
(80 hours per two-week pay period)

4. Fee revenue generated by CITY may be used to reimburse CITY for expenditures for equipment and/or supplies directly in support of the Program. In order for an expenditure for equipment and/or supplies to be eligible for reimbursement, CITY shall submit a request for and obtain preapproval of the expenditure by using the form as shown in Attachment G.

The request shall be submitted within the budget schedule established by SHERIFF. SHERIFF shall approve the expenditure only if both of the following conditions are satisfied: 1) there are sufficient Program funds, attributable to revenue generated by CITY’s fee, to pay for the requested purchase, and 2) CITY will use the equipment and/or supplies, during their entire useful life, only for purposes authorized by its TVAP resolution in effect at the time of purchase.

In the event that CITY terminates its participation in the Program, CITY agrees that the equipment purchased by CITY and reimbursed by Program funds will continue to be used, during the remainder of its useful life, exclusively for the purposes authorized by CITY’s TVAP resolution in effect at the time of purchase.

5. In the event the fees adopted by COUNTY, CITY and other participating jurisdictions are not adequate to continue operation of the Program at the level at which it operated previously, COUNTY, at the option of CITY, will reduce the level of Program service to be provided to CITY or will continue 687

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N. TRAFFIC VIOLATOR APPREHENSION PROGRAM: (Continued)
to provide the existing level of Program services. COUNTY will charge CITY the cost of any Program operations that exceed the revenue generated by fees. Such charges shall be in addition to the Maximum Obligation of CITY set forth in Subsection F-2 of this Agreement. The amount of any revenue shortfall charged to CITY will be determined, at the time the revenue shortfall is experienced, according to CITY’s share of Program services rendered. In the event of a reduction in level of Program service, termination of Program service or adjustment of costs, the parties shall execute an amendment to this Agreement so providing. Decisions about how to reduce the level of Program service provided to CITY shall be made by SHERIFF with the approval of CITY.

O. MOBILE DATA COMPUTERS:

1. As part of the law enforcement services to be provided to CITY, COUNTY has provided, or will provide, mobile data computers (hereinafter called “MDCs”) that are or will be mounted in patrol vehicles and motorcycles, designated by COUNTY for use within CITY limits.

2. SHERIFF has the exclusive right to use said MDCs for law enforcement services related to this Agreement.

3. CITY shall pay COUNTY the full costs to COUNTY of a) the acquisition and installation of MDCs that are or will be mounted in patrol vehicles and motorcycles assigned to CITY, and b) recurring costs, as deemed necessary by COUNTY, including the costs of maintenance and contributions to a fund for replacement and upgrade of such MDCs when they become functionally or technologically obsolete.
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O. MOBILE DATA COMPUTERS: (Continued)
The costs to be paid by CITY for recurring costs, including maintenance and replacement/upgrade of MDCs, are included in the costs set forth in Attachment B and the Maximum Obligation of CITY set forth in Subsection F-2 of this Agreement unless CITY has already paid such costs.

4. If, following the initial acquisition of MDCs referenced above, CITY requires MDCs for additional patrol cars or motorcycles designated for use in the CITY, or for CITY’s Emergency Operations Center, COUNTY will purchase said additional MDCs. Upon demand by COUNTY, CITY will pay to COUNTY a) the full costs of acquisition and installation of said additional MDCs, and b) the full recurring costs for said MDCs, as deemed necessary by COUNTY, including the costs of maintenance, and contributions to a fund for replacement and upgrade of such MDCs when they become functionally or technologically obsolete. Said costs related to additional MDCs are not included in, and are in addition to, the costs set forth in Attachment B and the Maximum Obligation of CITY set forth in Subsection F-2 of this Agreement.

5. COUNTY will replace and/or upgrade MDCs as needed. The costs of replacing/upgrading MDCs shall be paid by COUNTY from the replacement/upgrade funds to be paid by CITY in accordance with the foregoing. CITY shall not be charged any additional charge to replace or upgrade MDCs.

P. E-CITATION UNITS:

1. As part of the law enforcement services to be provided to CITY, COUNTY has provided, or will provide, E-Citation units designated by COUNTY for use within CITY limits.

2. SHERIFF has the exclusive right to use said E-Citation units for law enforcement services related to this Agreement.
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P. E-CITATION UNITS: (Continued)

3. CITY shall pay COUNTY the full costs to COUNTY of a) the acquisition of E-Citation units that are assigned to CITY, and b) recurring costs, as deemed necessary by COUNTY, including the costs of maintenance and contributions to a fund for replacement and upgrade of such E-Citation units when they become functionally or technologically obsolete.

The costs to be paid by CITY for recurring costs, including maintenance and replacement/upgrade of E-Citation units, are included in the costs set forth in Attachment B and the Maximum Obligation of CITY set forth in Subsection F-2 of this Agreement unless CITY has already paid such costs.

4. If, following the initial acquisition of E-Citation units referenced above, CITY requires E-Citation units designated for use in CITY, COUNTY will purchase said additional E-Citation units. Upon demand by COUNTY, CITY will pay to COUNTY a) the full costs of acquisition of said additional E-Citation units, and b) the full recurring costs for said E-Citation units, as deemed necessary by COUNTY, including the costs of maintenance, and contributions to a fund for replacement and upgrade of such E-Citation units when they become functionally or technologically obsolete. Said costs related to additional E-Citation units are not included in, and are in addition to, the costs set forth in Attachment B and the Maximum Obligation of CITY set forth in Subsection F-2 of this Agreement.

5. COUNTY will replace and/or upgrade E-Citation units as needed. The costs of replacing/upgrading E-Citation units shall be paid by COUNTY from the replacement/upgrade funds to be paid by CITY in accordance with the foregoing. CITY shall not be charged any additional charge to replace or upgrade E-Citation units.
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4 LICENSING SERVICES BY CITY:

Upon receipt from SHERIFF of investigations of application for licenses referred to in Subsection C-8 of the Amendment, CITY Manager shall determine whether to grant or deny the licenses and will issue the licenses or notify the applicants of denial. CITY shall provide all attorney services related to the granting, denial, revocation and administration of said licenses and enforcement of CITY ordinances pertaining to said licenses. 5 EQUIPMENT:
As part of the law enforcement services to be provided to CITY, COUNTY shall purchase motorcycles and radios that meet certain law enforcement standards as determined by the COUNTY (hereinafter “Equipment”). CITY shall pay COUNTY the full costs to COUNTY of a) the acquisition of Equipment, b) recurring costs, c) the costs of maintenance, and d) replacement and upgrade of such Equipment when they become functionally or technologically obsolete, as deemed necessary by COUNTY.

The costs to be paid by CITY are included in the costs set forth in Attachment B and the Maximum Obligation of CITY set forth in Subsection )2 of this Agreement.
The Equipment purchased by the COUNTY for services to the CITY shall be the property of the County.
Radios and motorcycles previously purchased by the CITY for COUNTY law enforcement services to the CITY shall be the property of and maintained by the CITY. Notwithstanding Section L of this Agreement, COUNTY shall be responsible to CITY for any damage to CITY radios and motorcycles caused by COUNTY’s act or omission.
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IN WITNESS WHEREOF, the parties have executed the AGREEMENT in the County of Orange, State of California.

DATED:_________________________

ATTEST:______________________ CITY OF SAN CLEMENTE
City Clerk
BY:_____________________________
City Manager
APPROVED AS TO FORM:

BY:_____________________________
City Attorney
---------------------------------------------------------------------------------------------------------------- DATED:____________________________

COUNTY OF ORANGE
BY:___________________________________
Chairman of the Board of Supervisors
County of Orange, California

SIGNED AND CERTIFIED THAT A COPY OF THIS

AGREEMENT HAS BEEN DELIVERED TO THE CHAIR
OF THE BOARD PER G.C. Sec. 25103, Reso 79-1535
Attest:
__________________________
Robin Stieler
Clerk of the Board
County of Orange, California
APPROVED AS TO FORM:

Office of the County Counsel
County of Orange, California
BY:___________________________
Deputy
DATED:________________________

692

ATTACHMENT A
LEVEL OF SERVICE PROVIDED BY SHERIFF:

Title Detail Quantity Frequency
MANAGEMENT:

Captain 1.00
SUPERVISION:

Sergeant Administrative 1.00 80 hrs./ per two wk. pay period Sergeant Patrol 4.00 each, 80 hrs./ per two wk. pay period INVESTIGATION SERVICES:

Investigator 4.00 each, 80 hrs./ per two wk. pay period PATROL , COMMUNITY SUPPORT, SPECIAL ENFORCEMENT, TRAFFIC AND PARKING SERVICES*:

Deputy Sheriff II Patrol, DET & SRO 39.00 each, 80 hrs./ per two wk. pay period Deputy Sheriff II -Motor Traffic 2.00 each, 80 hrs./ per two wk. pay period ADDITIONAL SERVICES*:

Community Services Officer Parking Control 4.00 each, 80 hrs./ per two wk. pay period Office Specialist City Support Services 2.00 each, 80 hrs./ per two wk. pay period Crime Prevention Specialist 1.00 80 hrs./ per two wk. pay period TOTAL 58.00
* Deployment to be determined by SHERIFF in cooperation with CITY Manager REGIONAL / SHARED STAFF:

Title Regional Team Quantity % Allocation
TRAFFIC:

Sergeant Traffic 0.60 13.56%
Investigator Traffic 1.00 13.56%
Deputy Sheriff II Traffic 3.00 13.56%
Investigative Assistant Traffic 2.00 13.56%
Office Specialist Traffic 1.00 13.56%
AUTO THEFT:

Sergeant Auto Theft 0.30 14.04%
Investigator Auto Theft 2.00 14.04%
Investigative Assistant Auto Theft 1.00 14.04%
Office Specialist Auto Theft 1.00 14.04%
DET:

Sergeant DET 1.00 11.25%
Investigator DET 1.00 11.25%
COURTS:

Investigative Assistant Courts 2.00 29.46%
MOTORCYCLE (shared Supervision):

Sergeant Motorcyle Supervision 1.00 7.55%
TOTAL 16.90
"REGULAR SERVICES BY COUNTY"
(Subsection C-3)

CITY OF SAN CLEMENTE

ORANGE COUNTY SHERIFF-CORONER
FY 2024-25 LAW ENFORCEMENT CONTRACT

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ATTACHMENT B
COST OF SERVICES PROVIDED BY SHERIFF (Subsection F-2):

Title Detail Quantity
Cost of Service
(each)
Cost of Service
Total
MANAGEMENT:

Captain 1.00 499,467 $ $ 499,467
SUPERVISION:

Sergeant Administrative 1.00 394,247 $ $ 394,247
Sergeant Patrol 4.00 394,247 $ $ 1,576,988
INVESTIGATION SERVICES:

Investigator 4.00 385,763 $ $ 1,543,052
PATROL , COMMUNITY SUPPORT, SPECIAL ENFORCEMENT, TRAFFIC AND PARKING SERVICES*:

Deputy Sheriff II Patrol, DET, & SRO 39.00 320,113 $ $ 12,484,407 Deputy Sheriff II - Motor Traffic 2.00 330,844 $ $ 661,688 ADDITIONAL SERVICES:

Community Services Officer Parking Control 4.00 138,227 $ $ 552,908 Office Specialist City Support Services 2.00 113,348 $ $ 226,696 Crime Prevention Specialist 1.00 119,879 $ $ 119,879
TOTAL POSITIONS 58.00 $ 18,059,332
REGIONAL / SHARED STAFF:

Title Regional Team Quantity % Allocation Cost $
TRAFFIC:

Sergeant Traffic 0.60 13.56% $ 39,509
Investigator Traffic 1.00 13.56% $ 47,692
Deputy Sheriff II Traffic 3.00 13.56% $ 166,004
Investigative Assistant Traffic 2.00 13.56% $ 47,000
Office Specialist Traffic 1.00 13.56% $ 17,751
AUTO THEFT:

Sergeant Auto Theft 0.30 14.04% $ 20,444
Investigator Auto Theft 2.00 14.04% $ 108,055
Investigative Assistant Auto Theft 1.00 14.04% $ 24,214 Office Specialist Auto Theft 1.00 14.04% $ 18,454
DET:

Sergeant DET 1.00 11.25% $ 56,994
Investigator DET 1.00 11.25% $ 50,849
COURTS:

Investigative Assistant Courts 2.00 29.46% $ 94,024
MOTORCYCLE (shared Supervision):

Sergeant Motorcyle Supervision 1.00 7.55% $ 33,838
TOTAL REGIONAL/SHARED 16.90 $ 724,828
OTHER CHARGES AND CREDITS (Subsection F-2):

OTHER CHARGES:

CREDITS:

TOTAL OTHER CHARGES AND CREDITS 2,902,764 $
TOTAL COST OF SERVICES (Subsection F-2) $ 21,686,924

ORANGE COUNTY SHERIFF-CORONER
FY 2024-25 LAW ENFORCEMENT CONTRACT

CITY OF SAN CLEMENTE
"PAYMENT"
(Subsection F-2)
Credits include: AB 109 (2011 Public Safety Realignment); estimated vacancy credits; False Alarm fees, reimbursement for training and miscellaneous programs.

Other Charges include: Annual leave paydowns and apportionment of cost of leave balances paid at end of employment; Body Worn Camera (BWC) and In Car Video (ICV); contract administration; data line charges; enhanced helicopter response services; E-Citation recurring costs for four (4) units; holiday pay; Integrated Law & Justice of Orange County fees; Mobile Data Computer (MDC) acquisition cost for one (1) unti and recurring cost for twenty-five (25) units; overtime; patrol training cost allocation; premium pay for bilingual staff, education incentive pay, MART pay and on-call; services and supplies; and transportation charges.

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694

ATTACHMENT C

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OPERATIONS AGREEMENT

BETWEEN THE

SHERIFF-CORONER

AND THE

CITY OF SAN CLEMENTE
Effective July 1, 2024
The purpose of this OPERATIONS AGREEMENT is to define, in greater detail, the areas of responsibility set forth in the Agreement to which this Operations Agreement is attached, between the CITY OF SAN CLEMENTE, hereinafter referred to as “CITY” and COUNTY OF ORANGE, SHERIFF-CORONER, hereinafter referred to as “SHERIFF”.

A. USAGE OF SAN CLEMENTE POLICE STATION BUILDING AND PROPERTY

1. Personnel Authorized to Use the Facility
SHERIFF will utilize the Police Station building located at the City Hall to house and deploy SHERIFF employees whose services are contracted to CITY.

2. Fuel Delivery
(a) Except when it is necessary for SHERIFF personnel to obtain fuel from another source, CITY will purchase, and provide via CITY’S fuel pumps, all fuel used by vehicles to provide services contracted to CITY, except for the motorcycles. When it is necessary for Sheriff personnel to obtain fuel for vehicles other than the motorcycles from a source other than CITY’s fuel pumps, CITY will reimburse SHERIFF for the cost of such fuel purchases. Limited reimbursement of such costs is included in the costs set forth in Attachment B and the Maximum Obligation set forth in Subsection F-2 of the Agreement.
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ATTACHMENT C

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A. USAGE OF SAN CLEMENTE POLICE STATION BUILDING & PROPERTY:
(Continued)
(b) SHERIFF will purchase fuel used by the motorcycles to provide services contracted to CITY. CITY will reimburse SHERIFF for all costs of fuel for the motorcycles. The cost of all such reimbursements is included in the costs set forth in Attachment B and the Maximum Obligation set forth in Subsection F-2 of the Agreement.

3. Booking Prisoners
Prisoners detained in CITY will be booked into the SHERIFF Intake-Release Center. Prisoners will not be booked or housed at the Police Station.

4. Fingerprinting and Copying Services
Fingerprinting and copying services will be performed by SHERIFF employees located at the Police Station.

B. OWNERSHIP AND MAINTENANCE OF FACILITY AND PROPERTY

1. Ownership
CITY shall retain title to the land and building used for the San Clemente Police Station.

2. Facility Maintenance
CITY shall provide routine daily janitorial services and supplies as referenced in the lease agreement. SHERIFF will augment CITY’s services by using SHERIFF Community Work Program participants to perform additional daytime housekeeping and maintenance tasks.

3. Utility, Maintenance and Routine Repair Costs
CITY shall pay all utility, maintenance and routine repair costs, including telephone charges. CITY shall maintain the existing telephone system. //
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ATTACHMENT C

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B. OWNERSHIP & MAINTENANCE OF FACILITY AND PROPERTY: (Continued)

4. Equipment Ownership, Maintenance and Replacement
CITY shall retain ownership of CITY purchased office furniture and equipment at the Police Station. CITY computers and related hardware are to be serviced and maintained by CITY.

C. SATELLITE OFFICE SPACE AT THE OUTLETS AT SAN CLEMENTE:

The County, by and through SHERIFF, has entered into a separate License Agreement with Villa San Clemente, LLC, a California limited liability company (hereinafter referred to as “Licensor”) for SHERIFF to have satellite office space at The Outlets at San Clemente (hereinafter referred to as “License Area”) for use by SHERIFF’s personnel assigned to CITY. A copy of the License Agreement has been provided to CITY. CITY will not be a party to this License Agreement but agrees to provide the following contributions for the development and financial support of the License Area:

1. CITY will reimburse SHERIFF for interior maintenance, repairs and janitorial services and supplies for the License Area that occur after the Commencement Date of the License.

D. REVENUE GENERATED BY CITY SERVICES AND ACTIVITIES
Revenue generated by CITY fees, including but not limited to the following, will be at rates established by CITY and will be retained by CITY. x Bicycle licensing
x Fingerprinting
x Visa letters
x Report duplication
x DUI cost recovery
x Special police services
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ATTACHMENT D

COUNTY BILLING POLICY
APPROVED BY BOARD MINUTE ORDER DATED OCTOBER 27, 1992
I. POLICY
All County agencies/departments/districts (County) governed by the Board of Supervisors shall bill contracting entities for materials and/or services provided under contract in accordance with the following standardized billing and collection policy. Billing frequency is dependent on whether the contract is a fixed price or actual cost contract. Payment due date is designed to be both responsive to the County’s cash flow needs and reasonable enough as to not require special processing by the contracting entity. If payments are not received by the required due dates, a late payment fee shall be computed and billed to the contracting entity in accordance with the requirements of this procedure.

Nothing herein shall affect the liability, including pre-judgment interest, of the contracting party for services or materials in as much as this is a policy to enact standard billing practices.

II. DEFINITIONS
A. Contract for the purposes of this policy - A contract is a formal written agreement, a purchase order from the contracting entity, or any other acceptable mutual understanding between the contracting parties.

B. Received by the County - The phrase “received by the County”, as used in Section VI of this policy, refers to the date a payment is received by the County. It is defined as the date the payment is in the County’s possession. It is not the date the payment is posted or deposited by the County.

III. FIXED PRICE CONTRACTS
A. Fixed Price (One-Time/Non-Recurring Contracts) - Invoices that represent a billing for a one-time, non-recurring provision of materials and/or services shall be issued no later than five (5) working days after delivery by the County of the materials and/or services.

Examples of such one-time, non-recurring provision of materials and/or services might be a city contracting with the Sheriff for security service at a parade or sporting event; or, a city purchasing a computer listing containing certain city-requested data. Payment due date shall be invoice date plus 30 days.

B. Fixed Price (Ongoing/Recurring Contracts) - Invoices that represent a billing for an ongoing, recurring provision of materials and/or services shall be issued according to the following frequency:

1. Annual Billings that total $10,000 or less per 12-month period shall be billed via one (1) annual invoice. Annual invoices will be issued for each 12-month period of the contract, or portions thereof. Invoices shall be issued no later than five working days after the beginning of each 12-month period. Payment due date shall be invoice date plus 30 days.
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2. Quarterly Billings that are greater than $10,000 but not more than $200,000 per 12- month period, shall be billed in quarterly installments. Quarterly invoices will be issued representing the contract amount for each 12-month period of the contract, or portions thereof, prorated into four (4) installments. Invoices shall be issued no later than 30 days after the beginning of each quarter. Payment due date shall be 60 days after the beginning of each calendar quarter.

3. Monthly Billings that are greater than $200,000 per 12-month period shall be billed in monthly installments. Monthly invoices will be issued representing the contract amount for each 12-month period of the contract, or portions thereof, prorated into 12 installments. Invoices shall be issued on or before the first day of each service month. Payment due date shall be 30 days after the beginning of each service month.

An example of a fixed price contract for ongoing, recurring provision of materials and/or services might be a city contracting with the Sheriff for law enforcement services.

IV. ACTUAL COST CONTRACTS
A. Actual Cost (One-Time/Non-Recurring Contracts) - Invoices that represent a billing for a one-time, non-recurring provision of materials and/or services shall be issued after delivery by the County of the materials and/or services and no later than 15 days after actual cost data is available. Payment due date shall be invoice date plus 30 days.

B. Actual Cost (Ongoing/Recurring Contracts) - Invoices that represent a billing for an ongoing, recurring provision of materials and/or services shall be issued on a monthly basis and shall represent the cost of materials and/or services provided to the contracting entity during the previous calendar month. Such invoices shall be issued no later than 15 days after the close of the monthly billing period. If the County agency/department/district does not utilize a monthly billing cycle, the invoice shall be issued no later than 15 days after actual cost data is available. Payment due date shall be invoice date plus 30 days.

Examples of actual cost contracts for the ongoing, recurring provision of materials and/or services might be a city contracting with the County for communications equipment repair or waste disposal at a County landfill.

V. PAYMENT DUE DATES
Notwithstanding the provisions of Sections II and III above, payment due date shall be at least invoice date plus 30 days. If the County is late in issuing an invoice, the contracting entity would always have at least invoice date plus 30 days to pay. If the County is early in issuing an invoice, the contracting entity would still have a payment due date of either 60 days after the beginning of the quarter (quarterly invoices) or 30 days after the beginning of the service month (monthly invoices).
(EXAMPLES: An invoice for October service, dated and issued October 8 (late) would have a payment due date of November 7. An invoice for August service, dated and issued July 20 (early) would have a payment due date of August 30.)
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VI. LATE CHARGES
The late payment of any invoiced amount by a contracting entity will cause the County to incur costs not contemplated by the County/contracting entity agreement, the exact amount of such cost will be extremely difficult to ascertain. Such costs include, but are not limited to, costs such as administrative follow-up and processing of delinquent notices, increased accounting costs, etc.

Late charges will be assessed in the following situations:
Over-the-counter payments will be assessed a late charge if any payment is not received by the County by the payment due date.
Payments transmitted to the County via the U.S. Mail that have the payer’s postage meter mark will be assessed a late charge if any payment is not received by the County by the payment due date plus one day.
Payments transmitted to the County via the U.S. Mail that have a U.S. Post Office postmark dated after the payment due date will be assessed a late charge.

The late charge assessed in each of these situations shall be three-quarters of one percent (0.75%) of the payment due and unpaid plus $100.00 for late payments made within 30 days of the payment due date. An additional charge of three-quarters of one percent (0.75%) of said payment shall be added for each additional 30-day period that the payment remains unpaid. Late charges shall be added to the payment and invoiced to the contracting entity in accordance with this policy.

VII. COLLECTIONS
Any invoice remaining unpaid 90 days after the invoice date shall be referred to the AuditorController for subsequent collection action, such as deduction from contracting entity moneys on deposit with the County Treasurer in accordance with Government Code Section 907 and any other applicable provision of law. Non-payment of invoices and applicable late charges will constitute a breach of contract for which the County retains all legal remedies including termination of the contract.

VIII. DISCOUNT FOR EARLY PAYMENT
Any payment received by the County from a contracting entity 20 days or more before the payment due date shall be entitled to a discount of one-quarter of one percent (0.25%). If the contracting entity takes a discount, and the payment is received by the County less than 20 days before the payment due date, County staff shall immediately notify the contracting entity by telephone that the discount should not have been taken and that the balance is due by the original payment due date.

If the balance is not received by the County in accordance with the dates as specified in Section VII, applicable late charges shall be calculated on the balance due. 700

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IX. DEFERRED REVENUE
At fiscal year end, any portion of revenue invoiced (not necessarily received) during the fiscal year being closed out that represents charges or prepayment for materials and/or services for the upcoming fiscal year shall be reclassified from a revenue account to a deferred revenue account (liability). In the new fiscal year the deferred revenue shall be reclassified to a revenue account. (EXAMPLE: On June 1, 19X1, a city is invoiced $48,000 which represents charges for the 12-month period June 1, 19X1 to May 31, 19X2. The amount to be reclassified to deferred revenue would be $44,000, representing 11/12ths of the total amount. In July 19X1, the $44,000 would be reclassified to revenue.) Reclassification entries shall be made by Auditor-Controller Agency Accounting units, or for those agencies/departments/districts without such a unit, the agency/department/district shall notify the Auditor-Controller of the amounts to be reclassified.

X. COST RECOVERY
All County agencies/department/districts shall include all costs of providing contracted services in contract rates. Including all direct costs, allocated indirect costs such as departmental and County (CWCAP) overhead, and cost of capital financing.

XI. EXISTING CONTRACTS
Billing terms and provisions contained in existing contracting entity agreements (existing as of the date this policy is approved by the Board of Supervisors) shall remain in effect for the life of the contract. However, when these existing contracts are renegotiated, they shall contain the billing provisions as set forth in this policy.

XII. DEVIATIONS FROM POLICY
Deviations from this policy shall be approved by the Board of Supervisors. Proposed deviations by agencies/departments/districts shall be submitted to the CEO for concurrence in advance of filing an Agenda Item Transmittal (AIT) with the Clerk of the Board. The CEO, or his/her designee, shall advise the agency/department/district of approval or disapproval of the proposed deviations. If a County agency/department/district submits a contract to the Board of Supervisors for approval, and the billing provisions in the contract deviate from this policy, the agency/department/district shall specifically advise the Board of Supervisors in the AIT of the deviation, the reason for the deviation, and of the CEO’s recommendation relative thereto.

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701
5/7/2020 Rev.

ATTACHMENT (

POLICY FOR DISTRIBUTION OF FORFEITED AND SEIZED ASSETS

BACKGROUND
The Orange County Sheriff’s Department provides contract law enforcement services to cities in Orange County. Because of the increased likelihood that contracted patrol or investigation personnel may become involved in significant narcotic seizures, which could affect law enforcement services provided by the Sheriff’s Department to contract cities, the following policy is in effect.

CONTRACTED PATROL AND INVESTIGATION OFFICERS
When assets (cash or property) are seized in CITY by contracted patrol or investigation personnel, and subsequently forfeited to COUNTY’s Sheriff Department, hereinafter referred to as “SHERIFF”, the forfeited assets shall be shared with CITY as set forth below, for the purpose of augmenting law enforcement services in CITY, subject to guidelines by the forfeiting agency of such sharing and use of forfeited assets. A portion of forfeited assets may be retained by SHERIFF, to pay for departmental expenses not recovered through law enforcement contracts.

In such cases, pursuant to the forfeiting agency’s guidelines, SHERIFF shall apply to the forfeiting agency for the return of a share of assets. In his application, SHERIFF shall specify the percentage of shared assets returned to SHERIFF that will be used to augment law enforcement services in CITY and the use of said assets by CITY.

In those cases in which assets are seized within CITY by personnel assigned to CITY pursuant to this Agreement, without the involvement of other law enforcement personnel, and in which the seizure is a result solely of activities self-initiated by SHERIFF personnel assigned to CITY or initiated by said personnel in response to calls for service within CITY, SHERIFF shall apply to have all of the assets used to augment CITY law enforcement services.

In those cases in which SHERIFF personnel assigned to CITY pursuant to this Agreement play an ancillary role in a seizure or in which other law enforcement personnel are involved in a seizure, SHERIFF shall determine the percentage of the total forfeited assets for which he will apply to augment CITY’s law enforcement services. This determination will be based on the circumstances of the seizure, including the pro-rata involvement of all personnel, including those assigned to CITY.

Each seizure will be evaluated on an individual and independent basis, and said evaluations will be available for review to CITY’s manager. Examples of those incidents which would be evaluated as set forth in this section include situations in which a contract patrol deputy provides uniformed backup at a SHERIFF’s Narcotic Bureau search warrant location or in which contract investigators participate in the service of a search warrant that was initiated by non-contract law enforcement personnel.

Assets (cash or property) that are returned to SHERIFF by the forfeiting agency with the understanding that they will be used to augment CITY law enforcement services shall be used by CITY and SHERIFF only for such purposes. If the forfeiting agency attaches additional or more specific conditions to the use of said assets, CITY and SHERIFF shall also abide by those conditions. SHERIFF and CITY’s manager shall determine the specific use of said assets within the conditions imposed by the forfeiting agency. 702
"55"$).&/5'
703
704
705
706
707
708
709
OCSD

BUDGET USE ONLY

REQUEST CERTIFICATION APPROVALS

ORANGE COUNTY SHERIFF-CORONER

TRAFFIC VIOLATOR APPREHENSION PROGRAM

CONTRACT CITY
Participating City Request to Purchase From the TVA in FY Date

APPLICABILTY
QUANTITY ITEM DESCRIPTION TO TVA PROGRAM ESTIMATED COST THE CITY CERTIFIES THAT THE EQUIPMENT PURCHASED BY CITY AND TO BE REIMBURSED BY PROGRAM FUNDS WILL BE USED FOR ITS ENTIRE USEFUL LIFE EXCLUSIVELY FOR THE PURPOSES OF THE TRAFFIC VIOLATOR APPREHENSION PROGRAM CITY MANAGER REQUEST: Printed Name Signature: DATE Recommended For Approval CITY POLICE SERVICES CHIEF MANAGER – TVA PROGRAM

ORANGE COUNTY SHERIFF-CORONER DEPARTMENT

ATTACHMENT G
710
11/19/20
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ATTACHMENT H

CITY OF SAN CLEMENTE

LICENSING
ORDINANCE NO. 1704

MASSAGE ESTABLISHMENTS
711
712
713
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910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: June 18, 2024 Agenda Item: 10C.

Submitted By: Finance and Administrative Services
Prepared By: Brian Brower, Administrative Services Director Jake Rahn, Finance Manager
Matt Schmelzel, Management Analyst
Subject:
..titl e

CONSIDERATION OF A REVISED PURCHASING POLICY AND INTRODUCING AND CONDUCTING A FIRST READING OF ORDINANCE NO. 1776 AMENDING AND REPLACING SECTIONS ..body OF SAN CLEMENTE CODE TITLE 3 REVENUE AND FINANCE Fiscal Impact:

Direct monetary impacts to the City’s General Fund are unknown, however, cost savings can be achieved by improving procurement processes and leveraging cooperative purchases.

Summary:

The City’s procurement policy has not been significantly updated since its inception. A revised policy implementation will improve user guidance, procurement efficiency, streamline processes and provide adaptability for unique procurements. Adoption of the recommended revised policy requires an amendment to the City’s Purchasing Ordinance.

Background:

The City’s procurement functions are administered using a decentralized purchasing system enabling departments to directly solicit bids or proposals and award contracts to suppliers or service providers for goods, services and public construction projects. These actions are subject to state and federal law, the City’s procurement policies, and adopted ordinances, which determine general guidelines for soliciting, contracting and award authority within those limitations. Citywide, Departments rely on the Finance Division to interpret policy and procurement laws for consistent administration of fair and competitive buying practices.

Pursuant to California Government Code sections 54201 through 54203, local agencies are required to adopt by ordinance policies and procedures governing the purchase of supplies and equipment. The City adopted such policies and procedures via Ordinance No. 1207 and Ordinance No. 1297 in 2004. In 2023, the City made changes to the City Manager and City Council award thresholds via Ordinance Number 1724 and local vendor award preference via Ordinance No. 1750. In general, policy changes in the last 20 years have been minor and have not significantly improved procurement practice and procedure.

Discussion:

Finance has monitored and evaluated Citywide procurement practices and developed a comprehensive policy to improve procurement efficiency, practice, and application. The intent of the revised Purchasing Policy is to provide clear, consistent guidelines, streamline processes, 716
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CITY OF SAN CLEMENTE 2
improve functionality and leverage procurement processes by utilizing other government agencies and purchasing cooperatives. In a decentralized purchasing system, it is crucial that the policies in place are current, standardized, efficient, and provide staff with the ability to engage in a fair and competitive purchasing in compliance with state and federal law. The policy has been reviewed by all Departments.

The policy was rewritten to streamline and promote efficiency by combining various purchasing policies into one policy structure, adding a micro purchases category to streamline the bidding process and save staff time, updating threshold amounts for bidding requirements and award levels, adding new categories not covered in the previous policy, and clarifying exemptions and environmental requirements. Policy changes are addressed in the following paragraphs and further illustrated in Attachment 2. Additionally, the “Procurement Process and Threshold” flow diagram (Attachment 3) provides a quick reference guide and demonstrates the restructured bidding/solicitation requirements and award authority.

Policy Structure
Staff combined separate policies for each procurement type into a single policy to eliminate duplication, create consistency and uniformity. Each procurement type and procedure were given their own section and a general purchasing cycle section was developed to eliminate redundancy. The policy focuses on improved definitions, clarification for applied procedures, and development of new policy sections.

With the Adoption of the new, combined policy, the following existing policies would be superseded:

Policy
Number
Subject Revision Date
201-2-1 Supplies and Equipment 11/1/2004
201-2-2 Public Works Projects 12/7/2021
201-2-3 Professional Services Contractors 12/7/2021
201-2-5 Emergency Purchases 11/1/2004
201-2-6 Environmentally Preferable Procurement 9/15/1999 201-2-8 General Services Consultants and Contractors 12/7/2021 102-5 Contract Administration 11/23/2004
Micro Purchase
Current policy sets thresholds for the solicitation process at $5,000 for supplies, material and equipment which requires staff to obtain three (3) or more bids. These policy limitations impact timeliness of project completion, efficiency and have minimal cost savings impacts when factoring in labor hours to facilitate small dollar purchases. Staff believes efficiency and cost savings can be achieved by adopting the federal micropurchase threshold for non-public works projects requiring a single quote for purchase up to $10,000 with award authority at the Division Manager level. This revision will increase the threshold for the informal procurement process for purchases of services and goods. 717
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CITY OF SAN CLEMENTE 3
Solicitating/Bidding Requirements, Awards and Change Order Authority Policy revisions align award authority with solicitation/bidding, project contingency and change order requirements for the procurement of goods, services and public construction projects. The benefit of this application is to align certain procurements with specific thresholds and award authority levels. A summary is in the following table.

Additionally, change orders are set to City Council project contingency authorization, or department authorization up to $25,000 in aggregate or less than 19% of the contract price. All awards are to be reported to the City Manager or Council on a monthly basis in conjunction with award authority establishing oversight and directive on all procurement activities.

Public Construction
The San Clemente Municipal Code Chapter 3.40 incorporates the California Uniform Public Construction Cost Accounting Act (“CUPCCAA”) procedures as set forth in Public Contract Code sections 22030-22045. The Act establishes bid procedures for “Public Projects.” The current policy and ordinance do not have clear language adopting changes made to the Public Contract Code and current purchasing thresholds remain unchanged since adoption. Present CUPCCAA procurement requirements see increases to the Force Account/Negotiated Contract, Informal and Formal process. Updates to the policy incorporate current threshold increases and implement language for adoption of amendments made to the CUPCCAA and Public Contact Code. The table below illustrates current CUPCCAA thresholds to be adopted.

Project Cost Procurement
Process
Public Contract Code Section
≤$60,000 1. Force Account

2. Negotiated Contract
or Purchase
PCC 22032
>$60,000-$200,000 Informal PCC 22034
>$200,000 Formal PCC 22037
Exemptions to the Formal and Informal Purchase Process
Procurement policy exemptions are clarified to provide more guidance to staff when scenarios arise requiring flexibility in the informal or formal competitive bidding process while adhering to best procurement practices, state and federal law. The Finance Division Project Cost Procurement Process Award Authority
≤$10,000 Micro Purchase Division Manager
≤$25,000 Informal Department Head
≤$60,000 Informal City Manager
>$60,000 Formal City Council
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CITY OF SAN CLEMENTE 4
will review compliance with exemption requests. Significant changes for this section include the following:

1. City Council exemption authority and application.

2. Micro-purchase threshold set by federal regulation.

3. Cooperative agreements and programs allowing for the ability to leverage procurement efforts of other entities for bids solicitated, awarded and adhering to California procurement guidelines.

4. Procurements through agreements with governmental, public or quasi-public entities.

5. Procurements funded by grants, donations, or gifts with special conditions.

6. Expanded definition and clarification of sole source and other unique procurements for specialized service providers.

7. Addressing procurement of various components not previously addressed, such as public utility or joint power services, cybersecurity services, and credit card interchange fees.

Selection of Other Procurement Related Activities for Services, Items, Commodities and Unsolicited Proposals
Current policy does not address or facilitate certain procurement functions, a section was developed to provide direction and to maintain flexibility for future procurement activities.

Information Technology
The current policy had no language for information technology procurements and created challenges to facilitate such purchases. Policy revisions includes terminology to define these unique purchases and procedures to acquire equipment and services.

Unsolicited Proposals
The standard process to bid projects at public agencies is largely internal; the agency identifies a need, develops a project, and seeks a contractor to carry out the scope of work. Unsolicited proposals present an opportunity for external parties to bring forward project proposals for consideration, expanding San Clemente’s perspective and engaging conversations about alternative approaches and solutions. The unsolicited proposal process is subject to competitive solicitation at the discretion of the Finance Division.

Environmentally Preferable Procurement
Procedures are developed to support environmentally preferable products to encourage departments and contractors to buy such products whenever practical and in the City’s best interest. References are made to adapt policy application for environmental initiatives such as SB 1383 or any other state and federal laws.

Ordinance Modification
Implementation of the purchasing policy revisions would require Council approval for amendments to the municipal code by adopted ordinance. The following sections will require revision:
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CITY OF SAN CLEMENTE 5
 3.40.010 - Establishment of purchasing system
 3.40.040 - Purchasing Exemptions
 3.40.050 - CUPCCAA and Public Construction Bidding Requirements  3.40.080 – Authority to award contracts and thresholds for Division Manager, Department Heads, City Manager and City Council
Council Options:
 Adopt the Revised Purchasing Policy per staff recommendation, introduce and conduct a first reading of Ordinance No. 1776 entitled “AN ORDINANCE OF THE COUNCIL OF THE CITY

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

3.40.010, SECTION 3.40.040, SECTION 3.40.050, AND SECTION 3.40.080.”  Amend and Adopt the Revised Purchasing Policy per staff recommendation, introduce and conduct a first reading of the amended Ordinance No. 1776 entitled “AN ORDINANCE OF

THE COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, AMENDING AND REPLACING SAN CLEMENTE MUNICIPAL CODE TITLE 3 REVENUE AND FINANCE, CHAPTER 3.40, SECTION 3.40.010, SECTION 3.40.040, SECTION 3.40.050, AND SECTION 3.40.080.”
 Continue the Item and direct staff to provide additional information or make specific changes to the Ordinance and Procurement Policy.
 Deny approval of the revised purchasing policy and not adopt Ordinance No. 1776.

Environmental Review/Analysis:

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

Recommended Actions:

Staff Recommendation ..recommendation

1. Revise the Purchasing Policy per staff recommendation to take effect if/when Ordinance No. 1776 is adopted; and

2. Introduce and conduct a first reading of Ordinance No. 1776 entitled “AN ORDINANCE OF

3.40.080”.
..end
Attachment:

1. Revised Purchasing Policy

2. Policy Comparison

3. Procurement Process & Threshold

4. Ordinance No. 1776

5. Policy No. 201-2-1 Supplies and Equipment dated 11/1/2004

6. Policy No. 201-2-2 Public Works Projects dated 12/7/2021 720
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CITY OF SAN CLEMENTE 6

7. Policy No. 201-2-3 Professional Services Contractors dated 12/7/2021

8. Policy No. 201-2-5 Emergency Purchases dated 11/1/2004

9. Policy No. 201-2-6 Environmentally Preferable Procurement dated 9/15/1999

10. Policy No. 201-2-8 General Services Consultants & Contractors dated 12/7/2021

11. Policy No. 102-5 Contract Administration dated 11/23/2004 Notification:

None.
721

PROCUREMENT POLICY AND PROCEDURE
1 Subject: Purchasing Policies &
Procedures
Index: Financial Services
Number:

Effective Date: Prepared By: Finance & Administration
Services
Supersedes: 102-5, 201-2-1, 201-2-2,
201-2-3, 201-2-5, 201-2-6,
201-2-8
Approved By:

I. PURPOSE:

The Purchasing Policies & Procedure manual establishes a common understanding and uniform procedures for the City’s procurement of supplies, materials, equipment, professional and general services consultants/contractors, public construction projects, other purchasing related activities and emergency procurements. These policies ensure the systematic and consistent preparation and processing of City contracts in accordance with the City’s Municipal Code, State and Federal law. In its discretion, the City Council may at any time, without amending the Municipal Code, waive the purchasing procedures or alter these proceedings to fit a specific purchase contract, when such waiver is not in violation of State or Federal law. Furthermore, the City’s purchasing is to be conducted in a business-like and ethical manner.

II. ORGANIZATIONS AFFECTED:

All Departments/Divisions.

III. REFERENCES:

San Clemente Municipal Code, Title 3 Revenue and Finance, Chapter 3.40 Purchasing California Code of Regulations, Title 8, Section 16000
Public Contract Code, Sections 1100-22355
City of San Clemente Finance Policy 201-3
Labor Code Section 1720
IV. TABLE OF CONTENTS:

V. PURCHASING CYCLE…..………………...…………………………………….…..3
VI. PROCUREMENT OF SUPPLIES, MATERIALS AND EQUIPMENT……………16 VII. PUBLIC CONSTRUCTION PROJECTS…………………………...……………...23 722

PROCUREMENT POLICY AND PROCEDURE
2 VIII. SELECTION OF PROFESSIONAL SERVICE CONSULTANTS AND CONTRACTORS…………………………………………………………......................31 IX. SELECTION OF GENERAL SERVICE CONSULTANT AND
CONTRACTORS………………………………………………………………………..37
X. SELECTION OF OTHER PURCHASING RELATED ACTIVITIES FOR SERVICES, ITEMS, COMMODITIES AND UNSOLICITED PROPOSALS……..41 XI. EXEMPTIONS TO THE FORMAL & INFORMAL SOLICITATION PROCESS..44 XII. EMERGENCY PURCHASES & CONTRACTING………………..…...................48 XIII. ENVIRONMENTALLY PREFERABLE PROCUREMENT………………..........51 XIV. CONTRACT ADMINISTRATION………………..…………..……….................56 723

PROCUREMENT POLICY AND PROCEDURE

PURCHASING CYCLE
3 V. PURCHASING CYCLE
A. Purchasing Overview

1. Decentralized Purchasing System
The City has a decentralized purchasing system, which means that for most purchases, departments can directly solicit bids or proposals and place orders with suppliers or service providers. These actions are subject to the limitations established in this Policy and to the approval of the appropriate awarding authority. Nothing precludes staff from seeking procurement assistance from the Finance Department to clarify policies, processes and procedures with best practices.

1.1 In a decentralized purchasing system, all users must understand and abide by the City’s procurement process to ensure fair and consistent application.

2. General Categories for Purchases
City purchase categories generally consist of the following categories, for which different procurement methods may apply:

2.1 Supplies, Materials and Equipment (Goods)

2.2 Professional and General Consultant/Contractor Services (Services)

2.3 Public Construction Projects

2.4 Other Purchasing Related Activities for Services, Items, Licenses, Commodities, and Unsolicited Proposals

2.5 Emergency Procurements

3. Responsibility of City Staff

3.1 Responsibilities of all employees – City employees are required to discharge their duties fairly, impartially and with the highest degree of integrity. In support of these concepts as they apply to the purchase of goods, services, and public construction projects, City staff shall:

3.1.1 Read, understand and implement this Policy and ask questions as necessary to do so.

3.1.2 Clearly identify procurement needs and funding availability. 724

PROCUREMENT POLICY AND PROCEDURE

PURCHASING CYCLE
4 3.1.3 Work with departments to develop suitable competitive specifications.

3.1.4 Participate in the evaluation of bids and proposals as required.

3.1.5 Inspect goods delivered and services performed to determine conformity with established requirements and contractual obligations.

3.1.6 Authorize payment for conforming goods, services, and public construction projects.

3.1.7 Notify the Finance Department of non-conforming goods, services, or public construction projects.

3.1.8 Document tangible or intangible value to the City when requisitioning goods, services, and public construction projects without competition when authorized.

3.1.9 Recognize that fair and open competition results in better value to the City.

3.1.10 Understand and be accountable for the policies and procedures established for purchasing goods, services, and public
construction projects.

4. Purchasing Requisition Required – Requisitions are required for purchases in excess of $5,000 or in a lesser amount as determined by finance based on the inherent procurement risk. Goods, services and public construction purchases that require a contract, purchase order, or blanket purchase order, including public construction projects, must be initiated with a properly documented and approved purchase requisition that includes:

4.1 Concise description of the purchase that adequately communicates need.

4.2 Actual or estimated dollar amount.

4.3 Valid project number (if applicable).

4.4 Verification of available funding or identification that funding is needed, including City Council approval date as applicable.

4.5 Price bids/proposals/quotes with recommended vendor selection and valid award justification.
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5 4.6 Description of procurement process utilized and efforts taken to solicit bids/proposal from local vendors.

4.7 Bid/Proposal exemption documentation (if applicable).

5. Purchasing Documentation – Every purchase should be documented with records and written statements of the kind, and with sufficient detail, to show consideration for the factors pertinent to good buying. These include criteria related to solicitation, authorization, availability, quality, service, and price. The selection basis for the final award must be clearly documented with all documents maintained for at least three (3) years before destruction, with longer destruction timeframes subject to State and Federal grant requirements and the City’s retention schedule. Specific procurement procedures for goods, services, and public construction projects are further documented in the Policy.

6. Authorization of Purchases – Each requisition must be authorized by a Department Head, Division Manager or designee. Finance will maintain an authorization list. The Department Head or Division Manager is responsible for notifying Finance of any changes or temporary assignment of authorization.

6.1 Budget Approval – The City’s budget authorizes funding availability for the procurement of goods, services, and public construction projects. Purchases and contracts for certain dollar amounts are subject to Division Manager, City Manager, Department Head and City Council approval and/or solicitation requirements as referenced herein.

6.2 Approval and Award of Contract – Contracts must be awarded by the appropriate authority level. Approval thresholds are determined by the initial term of the contract, plus authorized extensions and options. Contract contingency levels shall be approved by City Council or a designated individual. Contracts shall not knowingly be staged or separated into smaller units or terms solely for the purpose of circumventing approval authority.

6.2.1 Contract Award Determination – The City Council, City Manager or designee shall have final determination to award, reject all bids/proposals or recommend the re-advertisement of certain procurements in the event of bid/proposal inconsistencies and if consistent with applicable law.
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6 6.2.2 Approval and Award Thresholds:

Division Manager Up to $10,000
Department Head $10,000.01 to $25,000
City Manager $25,000.01 to $60,000
City Council $60,000.01 and over
The approver can, at their administrative discretion, delegate approval authority on their behalf in writing. Approval authority thresholds governing invoice payment approval levels are listed separately in Policy 201-8 .

6.3 Contracts Awarded by the City Manager – Contracts or amendments awarded by the City Manager shall be reported by the City Manager during the next Regular Council Meeting and posted on the website.

6.4 Contracts Awarded by Department Heads and Division Managers – Contracts or amendments awarded and approved by Department Heads and Division Managers shall be reported to the City Manager or designee at least monthly.

6.5 Local Vendor Preference – Prices, fitness, quality, delivery, and service being equal, a seven percent (7%) rating scale preference may be given to Local Bidders as defined in the San Clemente Municipal Code section

3.40.030 and Article (XIV)(B)(12) of this Policy in accordance with State law.

7. Contracting Requirements – The following section explains the various contracting requirements associated with City funds.

7.1 Contract Award – A contract is not considered to be awarded until it is approved by the appropriate award authority, i.e., the City Council, City Manager, Department Head or Division Manager as described in Section 6.2 above.

7.2 Standard Contract Terms and Conditions – Use of the City’s standard contracts (or terms and conditions for purchase orders) approved by the City Attorney is required whenever feasible.

7.3 Written Contract Requirement – Written contracts on City templates provided and approved by the City Attorney are required for good, services 727

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7 or public construction projects. Written contracts on City templates are to be used for purchases where vendor standard terms and conditions are insufficient to manage the City’s risk as it relates to liability, prevailing wage compliance or any other relevant risk exposure. Finance has authority to make a final determination on the use of vendor standard terms and conditions or written contracts on City templates.

7.4 City-Provided Scope of Work Requirement – Contracts must include welldefined scopes of work and should be provided by City staff. If feasible, use of consultant or vendor-provided scopes of work should be minimized.

7.5 No Contract Splitting – Under no circumstances can any contract be split or separated into smaller components to determine the appropriate award authority or for any other purpose.

7.6 Contract Types and Procurement Methods – The City utilizes several different types of procurement methods.

7.6.1 Petty Cash – See Finance Policy 201-3

7.6.2 Purchase Order – Use of purchase order should be limited in favor of City standard written contracts for goods, services or public construction and should be used in conjunction with a City standard written contract. Purchase orders for an approved amount with a copy provided to the contractor/consultant and copies distributed internally may be used as the primary contract document for certain purchases wherein the risk to the City is minimal and the terms and conditions on the purchase order are sufficient to manage the City’s risk as it relates to liability, prevailing wage compliance and any other relevant risk as determined by Finance. Purchase orders may be used
independently for certain procurements when any of the following conditions apply:
(a) Another form of written contract is not feasible or practical. (b) Financed determines the procurement is of acceptable risk to the City.
(c) Finance determines that a purchase order is appropriate.

7.6.3 Blanket Purchase Order (BPO) – Purchase of designated products or services on a repetitive basis from a specific vendor on 728

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PURCHASING CYCLE
8 an as needed basis. BPO’s are issued unencumbered and are restricted by an annual service agreement not to exceed the approved contract.

7.6.4 Contract Purchase Order – A “Contract Purchase Order” 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.

Under a “Contract Purchase Order” the items to be procured are identifiable within the orders, but the quantities of each are unknown. Therefore, in consideration of firm prices being agreed to for the life of the agreement or subject to escalation by a predetermined formula, most Contract Purchase Orders are either an “exclusive requirement” or “minimum requirements” type. (a) Exclusive Requirements – No guarantee is made as to the quantity to be purchased, but it is agreed any and all
requirements will be purchased only under that order and from no other source.
(b) Minimum Requirements – No exclusiveness is provided, but Purchasing guarantees to purchase a minimum quantity
during the life of the contract.

7.6.5 Change Order – Changes that affect the contractual agreement established under a purchase order or a contract shall be authorized at the appropriate level. Any change affecting service, design, specifications, quantity, delivery schedule, price, payment of invoice, transportation, and similar contractual considerations may be negotiated, but must have proper authorization and approval prior to commitment or performance. Where a firm contract is in effect to produce an item or service at a given price, the City and the vendor are expected to comply. Change Orders should not be used as a means of recovering losses or increasing vendor profits. (a) Change Orders can be processed by staff at the Department level if the amount falls within the City Council project contingency authorized or is less than or equal to $25,000 in aggregate and less than 19% of the contract price.
(b) City Manager Approval is required for project Change Orders that increase the aggregate Purchase Order for an 729

PROCUREMENT POLICY AND PROCEDURE

PURCHASING CYCLE
9 excess of $25,000 and less than or equal to $60,000. If the Change Order exceeds the project contingency amount, City Council approval will be required. Change Orders in the aggregate in excess of 19% of the contract price or that violate applicable law are prohibited.
(c) City Council approval is required for Change Orders that increase the aggregate Purchase Order to exceed $60,000 or exceed the approved contingency level.
(d) The department submitting the Change Order shall
document the reason for the change with appropriate
support.
(e) Upon proper approval, the Change Order shall be entered in the City’s financial system and Finance will distribute as appropriate.
(f) Incidental or de minimis out of pocket costs may not be considered part of the purchase order amount, unless
specifically addressed in the contract.

7.6.6 Substitutions – No Purchase Order substitution shall be requested or accepted by City personnel without department manager approval. If it becomes necessary to substitute, verbal approval may be obtained from the department manager, which should be documented. Other necessary substitutions may require a written Change Order.

7.6.7 Cancellation of Purchase Order or Portion Thereof – When part of an issued Purchase Order must be canceled, changes should be made through purchasing in the City’s financial system cancelling either single line items or the entire purchase order.

Copies will be sent to vendor upon request.

7.6.8 Purchase Contract – A contract that procures Supplies Materials and Equipment. (See Article VI, Procurement of Supplies, Materials, and Equipment.)

7.6.9 Agreement for Public Construction Projects – A contract that procures services which directly result in the physical construction of a public improvement. (See Article VII, Public Construction Projects.)
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10 7.6.10 Professional Services Agreements – A contract that procures professional, technical, and or/ clerical services which will not directly result in the physical construction of a public improvement. (See Article VIII, Selection of Professional Services Consultants and Contractors.)

7.6.11 General Services Agreements – A contract that procures services that typically do not require a high degree of professional certification or specialized expertise either with or without the furnishing of materials and that do not constitute a public works project. (See Article IX, Selection of General Services Consultants or Contractors.)

7.6.12 Information Technology Agreements – A contract that procures information technology related services or license agreements for use of technology. (See Article VI, Procurement of Supplies, Materials, and Equipment, Article VIII, Selection of Professional Services Consultants and Contractors and Article X, Selection of Other Purchasing Related Activities for Services, Items, Commodities and Unsolicited Proposals.)

7.6.13 Key Contracting Prerequisites – Contractors or vendors conducting business in the City or working on City property or in City rights-of-way must be properly licensed, insured, and otherwise comply with all lawful requirements such as obtaining a business license as required by the Finance Department and having appropriate insurance coverage as required by the Risk Manager.

The contractor or vendor must include the City of San Clemente and its officials, officers, employee, agents and volunteers as an “additional insured” on their insurance Policy and provide up-todate insurance certificates with required Policy endorsements.

Insurance requirement must be met before any work can
commence.

B. Methods of Procurement

1. Force Account, Negotiated Contract or by Purchase Order – procurement method used for public construction projects and regulated by the California Uniform Public Construction Cost Acting Act (“CUPCCAA”).

2. Micro-purchase (single bid, proposal or quote) – single bid, proposal or quote required for certain procurements amounts set by federal regulation or state law.

The informal, formal bidding/solicitation process should be sought if there is a 731

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11 reasonable possibility of obtaining better prices commensurate with the time and effort expended.

3. Informal Purchase Process – an unsealed competitive offer using simpler and more efficient procurement methods for obtaining written bids, proposals or quotes allowed for certain procurements amounts. Formal bids or request for proposals should be sought if there is a reasonable possibility of obtaining better prices commensurate with the time and effort expended. Purchases and contracts shall not knowingly be staged or separated into smaller units or segments solely for the purpose of circumventing the formal or informal process as documented herein.

Informal bids shall be submitted to and opened by the City Manager or their designee.

4. Formal Purchase Process – Formal bid or request for proposals procedures for procurements shall be followed for public purchases as defined in this Policy and required by State or Federal law and may also be followed when Finance determines that formal procedures might best serve the public interest. Formal purchase procedures are further documented herein.

5. Exemptions to the Informal and Formal Purchase Process – Exemptions to the bidding and solicitation process must be approved by Finance or as defined in the San Clemente Municipal Code Chapter 3.40 and as documented in Article (XI)(A)(1) Exemptions to the Formal, Informal Bidding, and Solicitation Process herein.

C. Sealed Bid (Bid) vs. Request for Proposals (RFP) Process The purchasing process to be followed will be based on the various considerations, criteria, amount, and type of purchase. This section includes a summary of each type of Formal Purchase Process, considerations, criteria and comparison of the two processes.

The following table summarizes the sealed bid and request for proposal process.

Process Step Sealed Bids Requests for Proposals
Applicability Typically public works or
general services or goods
Typically professional services
Specifications Very specific as to performance
and design requirements
Allows for more flexibility;
vendor proposes one or more
options
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12 Opening Public – all data available to
other bidders and public
Public – only names of proposers
are public; no pricing or other data
is made available until award
Evaluation Based strictly on meeting
specifications – no material
deviations accepted
Based on overall responsiveness
to proposal and criteria provided
in RFP for evaluation
Discussion Only to clarify question on
meeting technical specifications
with answer being published in
addenda
Questions to any or all proposing
firms to clarify items in proposal;
may include formal interviews
Changes Only minor technicalities may be
corrected
Negotiations may be conducted
with proposing firm(s) evaluated
as being most responsive to RFP
criteria
Award Lowest responsive and
responsible bidder
Best overall value proposal – not
necessarily lowest price
Considerations for using the competitive sealed bid process:
 The specifications for the good, service or public construction project to be purchased are explicitly clear and communicated for both buyer and seller.  The market has an adequate number of sellers capable of meeting the specifications to allow for competition.
 The sellers that make up the market are technically qualified and are willing to price competitively.
 Competitive bid process is required by applicable law.

Considerations for using the RFP process instead of a sealed bid:
 Oral or written discussions may be necessary with the responding firms regarding technical and price clarifications or scope of work requested.  Offers an opportunity to determine staffing or other technical qualifications of the provider to meet the needs of the City.
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13  It is advantageous to allow an opportunity for responding firms to modify their offer prior to award.

Evaluating Criteria for Proposal Solicitation
 Comparative analysis of different technical products or solutions must be made.  Situations in which it is impossible to estimate costs with a high degree of certainty.  Situations in which price is not the only important variable; quality, schedule, and service may be variables of equal or greater importance.  Situations in which the buyer anticipates a need to make changes in some aspect of the purchase/contract where negotiations are foreseen before the contract can be finalized.  Typically, most types of professional services are purchased with this method.

Compare and Contrast:

Each method has its strengths and weaknesses. The ease of evaluating bids on price alone needs to be balanced against the risk that price alone may not be all that distinguishes one product or service from another. Often, other factors such as quality of the product or aftersales service can be equally or more important.

Evaluation of a competitive sealed bid is straightforward. The award is normally on the basis of price to the lowest responsive and responsible bidder. Bids that conform in all material respects to the requirements stated in the invitation to bid are responsive; bidders who have the capability to fully perform the contract requirements (necessary experience, technical knowledge, facilities, licenses, equipment, and credit required to perform) are considered responsible.

The RFP process allows more flexibility than the sealed bid process in the evaluation process.

The evaluation team first evaluates proposals for compliance to the specifications and requirements in the RFP and creates a list of those firms whose proposals meet mandatory requirements. Only the firms from this list will be further evaluated and considered for the award based on evaluation criteria specified in the RFP. Interviews and/or negotiations with the top-rated firm(s) may be conducted before final selection.

When it is not in the City’s best interest to acquire commodities or services through competitive bidding, a contract may be solicited using the Request For Proposal (RFP) method as permitted by state and federal law and if approved by Finance. Such a situation may arise for any number of reasons, including, but not limited to:
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14  The City’s requirements are not well-defined;
 The City is interested in evaluating a range of offers so that it may take advantage of technical innovation and developments in the market place; and,  Factors such as availability, expertise, and quality override price as a criteria for award.

Addenda:

Addenda to specifications may be made in advance of response due dates for both the sealed bid and request for proposals process. The purpose of an addendum is to provide notice to all potential bidders/proposers that there have been changes or clarifications made to the terms of the solicitation.

Definitions:

1. Purchasing Cycle – The process used to purchase goods, services or public construction projects as described in this Policy.

2. Petty Cash – May be used for items under $100, purchased by an employee and reimbursed in accordance with the Finance Policies and Procedures.

3. Requisition – Informs Finance of procurement requirements and allows for department/division approval.

4. Purchase Order – A written contractual agreement for goods, services and public construction projects for an approved amount. These instruments have limited or incorporated terms and conditions as compared to a standard City written contract and are typically used independently for procurements with minimal risk with Finance approval.

5. Purchase Order Number – Assigned by the City’s financial system.

6. F.O.B. (Free on Board) Point –Without Finance approval, F.O.B. shall be “Destination” (San Clemente). With F.O.B. “Destination” the legal title to the material does not pass from the seller to the City until the carrier delivers the material at the City’s destination address, otherwise the City bears the risk of nondelivery, which should be avoided.

7. Blanket Purchase Order – Unencumbered Purchase Orders established by Finance with suppliers that are restricted by the annual service agreement. 735

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15 8. Contract Purchase Order – An agreement made by Finance whereby the terms, conditions, pricing and special provisions are agreed to and applied within a preestablished time period.

9. Change Order – Changes made to any agreement, verbal or written, which will affect the agreement established by the supplier or service provider and requesting department.

10. Scope of Work – detailed written outline of the project, including timeline, budget, assigned tasks, project stakeholders, workflow strategies and exact description of what the contractor/consultant will be doing for the City.

11. Request for Proposal – the process and documentation used for soliciting proposals for goods and services.

12. Notice Inviting Bids – the process and documentation used for soliciting bids for goods, services and public construction.

13. Quote – Fixed price document that is time-sensitive due to fluctuations in the price of goods.

14. Sealed Bid – Formal procurement method where a city publicly solicits bids and a firm fixed-price contract (lump sum or unit price) is awarded to the lowest responsible bidder whose bid conforms with all material terms and conditions of the invitation for bids. The project offer is for a defined project scope, work schedule and timeline.

15. Responsible bidder – A bidder with the capability in all aspects to perform in full the contract requirements and who has the integrity and reliability which will assure good faith performance. The bid conforms in all material respects to the terms and conditions, specifications, and other requirements of the solicitation.

16. Proposal – Submission by the prospective bidder demonstrating how they will meet the objectives of the scope of work and the cost to accomplish.

17. Bidder – a participant in the initial stage of the procurement process by submitting a proposal or bid.

18. Bidder’s Security – A monetary guarantee in a form and amount approved by the City that secures the bidder’s intent to execute a contract with the City.

19. Performance Bond – A guarantee by a third party in form and amount approved by the City that secures the bidder’s intent to execute a contract with the City. 736

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16 VI. PROCUREMENT OF SUPPLIES, MATERIALS AND EQUIPMENT A. Policy

1. Procurement of Supplies, Materials and Equipment policies & procedures are established to provide a common understanding of the methods for securing the supplies, materials, and equipment needed for all City functions. These policies and procedures ensure all requests follow the Purchasing Ordinance, as well as, other legal requirements; and to provide a system to track that the supply, material, and equipment ordered, received, approved for payment and above all, to ensure that City purchasing is conducted in a business-like and ethical manner.

B. Definitions

1. Supplies, Materials and Equipment – any goods, supplies, plant, materials, chemicals and equipment of any kind, including but not limited to machinery, vehicles, parts, components, consumables and non-consumables. The following describe other types of purchases considered to be supplies, materials or equipment:

1.1 Rental & Lease of Equipment – The owner of the equipment allows the City to operate or otherwise make use of the equipment in exchange for periodic lease or rent payments. The owner of the equipment bears the risk of obsolescence and depreciation of the equipment.

1.2 Publications/Newsprint – Contracts to receive periodicals, magazines, trade journals, etc., either in print or electronic/digital subscriptions.

C. Procurement Methods – The following limits are provided as guidelines for the method of procurement:

1. Micro-Purchase – Solicitation is not required, but recommended, for procurements expected to be less than $10,000 or up to the micro-purchase threshold set by federal regulation. Informal or Formal Purchase Process should be assessed to determine if there is a reasonable possibility to obtain better prices commensurate with the time and effort expended. The Formal or Informal process is recommended but not required for micro-purchases. Finance has the authority to determine if the Formal or Informal procedures should be implemented.

1.1 The following criteria shall be considered before using the Micro-Purchase Process.
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17 1.1.1 Determine dollar value of purchase is less than or equal to $10,000 including shipping, taxes, etc.

1.1.2 Evaluate if the formal or informal process will result in better pricing commensurate with the time and effort expended.

1.1.3 Obtain single bid/proposal/quote from vendor of choice.

1.1.4 Assess whether the informal or formal purchase process will offer savings to justify time and resources in comparison to the price. Past bid results and similar services can be utilized in this assessment and should be documented by the Department.

2. Informal Purchase Process – Formal competitive bids/proposals are not required for procurements expected to be less than or equal to $60,000. Formal competitive bids/proposals should be sought if there is a reasonable possibility of obtaining better prices commensurate with the time and effort expended. Purchases and contracts shall not knowingly be staged or separated into smaller units or segments solely for the purpose of circumventing the competitive formal or informal purchasing process requirements as defined in this Policy.

2.1 Bids or proposals will be solicited by the division designee or Finance using the following methods:

2.1.1 Determine dollar value of purchase is greater than $10,000 and less than or equal to $60,000 including shipping, taxes, etc.

2.1.2 Reasonable effort shall be made to obtain three (3) or more bids/proposals.

2.1.3 Bids/proposals may be solicited by written or oral means.

2.1.4 City staff conducting the Informal Purchase Process must inform suppliers that they are to offer a “last and final offer.” No negotiation or price matching can be conducted with any of the suppliers.

2.1.5 All recommended purchases made under the Informal Purchase Process are subject to Finance review and approval prior to award.

2.1.6 Finance retains the authority for source selection on all procurement and is authorized to make awards to the lowest responsible bidder. 738

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18 2.1.7 All contracts made and/or bids/proposals/quotes received are open to public inspection for a period of at least one (1) year after the award.

3. Formal Purchase Process – Formal bid/proposal procedures shall be followed for all procurements in excess of $60,000, for all public purchases required by State or Federal law or when formal bid/proposal procedures best serve the public interest, as determined by the City Manager or designee. Finance shall evaluate departmental requests for specific equipment, materials, and supplies.

3.1 The following criteria shall be considered before using the Formal Purchase Process.

3.1.1 Determine dollar value of purchase is in excess of $60,000 including shipping, taxes, etc.

3.1.2 Availability of clear specifications.

3.1.3 Adequacy of number of sellers in the marketplace.

3.1.4 Market conditions would ensure adequate participation in the Formal Purchase Process.

3.1.5 Availability is sufficient to use the Formal Purchase Process.

If the above criteria warrant the use of the Formal Purchase Process, all analytical planning to determine specifications shall be completed by the requesting department before competitive bids/proposals are sought.

3.2 Bid Notice – The “Notice Inviting Bids” or “Request for Proposals” shall include a general description of the supplies, materials or equipment to be procured, and shall state:

3.2.1 Where bid/proposal forms and specifications may be secured.

3.2.2 Time, date, and place for the submission and opening of bids/proposals.

3.2.3 Whether a performance bond is required, and if so, the amount and form of bidder’s security.
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19 3.2.4 At its discretion, the City reserves the right to reject any and all bids/proposals or waive any formality presented.

3.3 Published Notice – The “Notice Inviting Bids” or “Request for Proposals” should be published by the Requesting Department in the local newspaper or posted to the online bid management system, at least ten (10) days before date of bid/proposal opening.

3.4 Bidder’s Security – When Bidder’s Security is required, it will be announced in the public “Notice Inviting Bids” or “Request for Proposals” and the amount shall be determined at time of preparation.

3.4.1 Bidder’s Security shall be in the form of:
(a) Certified or cashier’s check made payable to the City of San Clemente. The City Clerk will hold the check until the formal award of the bid/proposal. Checks will be returned by the City Clerk to the unsuccessful bidders by certified mail, return receipt requested. Release of the check before the formal award of the bid/proposal will constitute a withdrawal of the bid/proposal by the supplier.
(b) Bidder’s bond in a form and amount acceptable to the City made payable to the City of San Clemente. A bid/proposal shall not be considered unless one of the forms of security mentioned accompanies the bid/proposal when required.

3.4.2 Bidders shall be entitled to return of bid security with the following EXCEPTION:
(a) A successful bidder shall forfeit their bid/proposal security upon refusal or failure to execute the contract within ten (10) days after the notice of award of contract has been mailed.

3.4.3 The City may, upon refusal or failure of the successful bidder to execute the contract, award a contract to the next lowest bidder. In this case, the amount of the lowest bidder’s security shall be applied to the difference between the low bid/proposal and next successful bidder, including any costs incurred by the City, and any remainder may be refunded.
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20 3.5 Performance and Payment Bonds – The City Council or City Manager or designee shall each have authority to waive or require performance or payment bonds before issuing a Notice Inviting Bids or Request for Proposals. The amount shall be set at a level deemed necessary to protect the best interest of the City.

3.6 Sealed Bids

3.6.1 Sealed bids shall be submitted electronically through the online bid management system or in a clearly identified sealed envelope to the City Clerk or designee in accordance with the bid/proposal instructions.

3.6.2 Bids shall be opened in public at the time and place stated in the public notice. In cases where bids are submitted and tabulated electronically, bid openings will be considered public as long as the individual bids are electronically accessible after the bids close.

3.6.3 The City Clerk, or their designee, is required to be present at the opening. All bids received shall be recorded.

3.6.4 All bids received shall be available for inspection during regular business hours for a period of 31 days after the bid opening date.

3.7 Rejection of Bids/Proposal – The City reserves the right to reject any and all bids/proposals, to accept or reject any one or more items of a bid/proposal, or to waive any irregularities or informalities in the bids/proposals or the procurement process. This process will be documented by staff after review of the bids/proposals.

3.8 Late Bids/Proposals – Any bid received after the time specified in the notice shall be returned pursuant to Government Code section 53068.

3.9 Tie Bids/Proposals –

3.9.1 If tie low bids/proposals are received, quality and service being equal, the contract shall be awarded to a local bidder; or

3.9.2 If the above condition is not applicable, the City may, at its discretion
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21 3.9.3 accept either one or accept the lowest bid made by negotiation with the tie bidders; or

3.9.4 Award the bid to any one of the low tie bidders by public drawing.

3.10 Determining Lowest Responsive and Responsible Bidder – All valid responsible bids/proposals shall be considered in determining the lowest bid/proposal. Finance and the requesting division will take into consideration:

3.10.1 Price of supplies, material, and equipment.

3.10.2 Terms and conditions including delivery, discounts, local vendor preference, and all other conditions submitted in the bid.

3.10.3 The quality, suitability and efficiency of the item or service offered and its conformity with the specifications.

3.10.4 The reputation of the supplies, material and equipment, the service reputation of the seller and all information and data required to prove responsibility of the supplier.

3.10.5 The aggregate purchase cost including auxiliary equipment or services as part of the project scope including but not limited to warranties, maintenance, upgrades, etc.

If the lowest bidder has not contracted with the City before, proof of responsibility should be documented and verified prior to award.

3.11 Award of Bids/Proposals – Award of bid shall be to the lowest responsible bidder, except as otherwise provided herein. Contracts may be awarded when the formal bid process is followed and funds are available within the fiscal year budget.

3.11.1 If the bid amount exceeds the budgeted amount, Finance shall make a recommendation of award to the City Manager or designee for approval. If the contract amount is within the purchasing authority the City Manager or designee may approve the award or at their discretion or refer the item to the City Council for action.

4. Exemptions to the Informal and Formal Purchasing Process Exemptions to the bidding/proposal process are documented in Article (XI)(A)(1) herein and defined 742

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22 in the San Clemente Municipal Code Chapter 3.40. All Exemptions must be submitted to Finance for approval prior to award.

5. Procurement of Fleet –Fleet replacements are presented to Council within the budget for the estimated cost, type and quantity of vehicles requiring replacement thereby authorizing staff to bid and award vehicles purchases within those levels.

The City Manager or designee shall have the authority to purchase vehicles up to $60,000 above the estimated replacement cost from available fleet replacement funds due to changing cost, availability, and state regulations related to vehicles. If the amount exceeds this threshold, an Agenda Report will be prepared to seek City Council approval.

6. Approval and Award of Contract — Authority for approval and award of supplies, materials, equipment will be:

Division Manager Up to $10,000
Department Head $10,000.01 to $25,000
City Manager $25,000.01 to $60,000
City Council $60,000.01 and over
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23 VII. PUBLIC CONSTRUCTION PROJECTS
A. Policy

1. Public Construction Projects procurement policies and procedures are established to provide a common understanding of the procurement methods for Public Construction Projects; to ensure that all related procurements are made in accordance with the Purchasing Ordinance as well as other legal requirements; and to provide a system to track that supplies, materials, equipment or services for Public Projects have been ordered, received, approved for payment and above all, to ensure that City purchasing is conducted in a business-like and ethical manner.

B. Purchasing Cycle

1. Methods of Procurement - The method chosen will be determined by the dollar amount of the purchase or contract as identified in the Public Contract Code and Chapter 3.40 of the San Clemente Municipal Code. Methods available are:

1.1.1 Force Account

1.1.2 Negotiated Contract

1.1.3 Contract following competitive bid

1.1.4 Purchase Order

2. Authorization of Purchases - Each requisition for consultant services or construction contracts must be authorized by a Department Head, division manager or designee. Finance will maintain a current authorization list and update it on an as-needed basis. The list will be kept on file in Finance. It is the division manager and department head’s responsibility to notify Finance of any changes or temporary assignment of authorization.

3. Bid Process for Public Construction Projects - The San Clemente Municipal Code Chapter 3.40 incorporates the California Uniform Public Construction Cost Accounting Act (“CUPCCAA”) Procedures as set forth in Public Contract Code sections 22030-22045. The Act establishes bid procedures for “Public Projects.” This section shall be superseded by any amendments made to CUPCCAA or other applicable law.
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24 Project Cost Procurement Process Public Contract
Code Section
$5,001- $60,000 1. Force Account

2. Negotiated Contract or
Purchase Order
PCC 22032
>$60,000-$200,000 Informal bidding PCC 22034
>$200,000 Formal bidding PCC 22037

3.1 The City provides for the construction of Public Projects for amounts of $60,000 or less through the use of City employees, by negotiated contract, or by purchase order.

3.1.1 Projects in excess of $5,000 and equal to $60,000 or less, reasonable efforts shall be made to solicit from three (3) qualified contractors and let to contract by informal procedures set forth in Public Contract Code Section 22034. Terms may be negotiated and the project may be awarded to the lowest responsible bidder.

3.2 Public Projects for amounts in excess of $60,000 and less than $200,000 may be awarded by following the “Informal Bid Procedures” contained in Public Contract Code Section 22034 or at the discretion of the City Engineer, Department Head or designee, the “Formal Bid Procedures” contained in Public Contract Code Section 22037.

3.3 Public Projects for amounts in excess of $200,000 shall be contracted by use of the “Formal Bid Procedures” contained in Public Contract Code Section 22037.

3.4 Public construction contracts shall be issued in accordance with the provisions of the Public Contracts Code Sections 22000 - 22045, otherwise known as CUPCCAA. The provisions of CUPCCAA relative to bidding procedures shall supersede the individual procedures contained in this Purchasing Policy and City Municipal Code. Amendments or revisions to any state code sections affecting this Policy and resulting in procedure changes may be directly incorporated into this Policy when enacted by the 745

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25 California Legislature without further action of the City Council or City Manager.

4. Change Orders for Construction Projects - Change Orders for construction projects that were awarded by the City Council can be executed by the City Engineer, Department Head, City Manager or designee.

4.1 Change Orders in the aggregate cannot exceed the contingency amount for the project as approved by the City Council.

4.2 City Council approval is required on Change Orders exceeding the total contingency amount of the project.

4.3 Change Orders in the aggregate cannot exceed 19% of the contract price nor constitute a cardinal change to the contract.

C. Definitions

1. Public Construction Projects – Public construction pertain to the construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind, including but not limited to: demolitions, and the construction and installation of drainage systems, lighting and signaling systems, sewer and water systems, and park and recreational facilities. Service contracts encompass all contracts for services either with or without the furnishing of materials. Maintenance required to preserve a public improvement is not considered a public construction project.

2. Public Project - Any of the following constitute a Public Project as defined in Public Contract Code Section 22002: Construction, reconstruction, erection, alteration, renovation, improvement, demolition, and repair work involving any publicly owned, leased, or operated facility. Painting or repainting of any publicly owned, leased or operated facility. In the case of a publicly owned utility system, “public project” shall include only the construction, erection, improvement, or repair of dams, reservoirs, power plants and electrical transmission lines of 230,000 volts or higher. Applicable law regarding what constitutes a public project shall automatically supersede this definition.

3. Maintenance Work - Routine, recurring, and usual work for the preservation or protection of any publicly owned or publicly operated facility for its intended purposes, minor repainting, resurfacing of streets and highways at less than one inch; landscape maintenance, including mowing, watering, trimming, pruning, planting, and servicing of irrigation and sprinkler systems; work performed to keep, 746

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26 operate, and maintain publicly owned water, power, or waste disposal systems, including, but not limited to, dams, reservoirs, power plants, and electrical transmission lines of 230,000 volts and higher. Applicable law regarding what constitutes maintenance shall automatically supersede this definition.

4. Facility – Any plant, building, structure, ground facility, and utility system, subject to the limitations defined under maintenance work, real property, streets and highways or other public work improvement.

5. Force Account – Public construction projects performed by using internal City resources, including, but not limited to, labor, equipment, materials, supplies and subcontracts of the City.

D. Procedure

1. Purchasing Documentation – Every purchase for supplies, materials, equipment, or services for a public construction project or Public Project will be documented with records and written statements of the kind and in the detail necessary to show that consideration was given to the factors pertinent to good buying and applicable legal requirements. These include such items as authorization, quality, service, and price. Public Projects are required to be awarded to the lowest responsive and responsible bidder. The basis for the selection of the source for the final award must be clearly documented. All documents will be kept for a period of three years before destruction.

2. Bid Procedures for Public Projects - Professional Services for Public Projects are obtained in accordance with the Public Contract Code by the following methods:

2.1 Projects Estimated at $60,000 or Less. Reasonable efforts shall be made to solicit and obtain proposals from three (3) qualified firms for Public Projects estimated at $60,000 or less. Solicitation may be done by telephone, email, Request for Quotation, Request for Proposal or Notice Inviting Bids. Terms may be negotiated and the project must be awarded to the lowest responsible bidder.

2.2 Projects Estimated in Excess of $60,000 and less than $200,000. The City is required to maintain a list of qualified contractors that are identified according to the categories of work which they perform. When the City desires to contract a public improvement costing in excess of $60,000 and less than $200,000, the City is required to issue a notice inviting bids to those contractors whose names appear on the list for the category of work being bid. This notice shall be sent not less than 10 calendar days before the 747

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27 bid due date. The notice shall describe the project in general terms, how proposed bidders obtain more detailed information about the project, and the time and place for submission of bids. Responsible local contractors shall be included on such list unless they have indicated to the City that they do not wish to be on such list.

2.3 Projects in excess of $200,000. When the City desires to construct a public improvement costing in excess of $200,000, the City shall circulate a Notice Inviting Formal Bids that describes the project and states the time and place for receiving and opening sealed bids. The notice is to be published at least 10 calendar days before the date for opening the bids in the City’s newspaper of general circulation. Notices are required to be published twice with at least five calendar days between publications. The notice shall also be sent to all construction trade journals referenced in the Public Contract Code section 22037.

2.4 Award or Rejection of Bids. After opening the bids, the division/department may recommend that City Council award the Contract to the lowest responsible bidder, reject all bids and either abandon the project or reject all bids and re-advertise the project (if permitted by applicable law) or by passage of a resolution of a 4/5th vote of the City Council, declare that the project be performed by force account.

2.5 Exemptions to the Procurement Process - Chapter 3.40.040 of the San Clemente Municipal Code has exemptions for professional and other contractual services that are in their nature unique or other service for which by law another officer or body is specifically charged with obtaining. These exemptions are further documented in Article (XI), Emergency Purchases & Contracting and Article (XII) herein. Exemptions to the procurement process are limited by the Public Contracts Code Sections 1100-22355.

2.6 Award of Public Projects - Projects that are bid according to the established bid procedures can be awarded by:

Division Manager Up to $10,000
Department Heads $10,000.01 to $25,000
City Manager $25,000.01 to $60,000
City Council $60,000.01 and above
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28 3. Bidder’s Security – A Bidder’s Security shall be required for bids submitted on all Public Project contracts greater than $10,000. When bidder’s security is required, it will be announced in the public Notice Inviting Bids or Request for Proposals and the amount shall be equal to at least 10% of the bid amount.

3.1 Bidder’s Security shall be in the form of:

3.1.1 Certified or cashier’s check made payable to the City of San Clemente. The City will hold the check until the formal award of the bid. Checks will be returned by the City to the unsuccessful bidders by certified mail, return receipt requested. Release of the check before the formal award of the bid will constitute a withdrawal of the bid by the bidder.

3.1.2 Bidder’s bond made payable to the City of San Clemente. A bid shall not be considered unless one of the forms of security mentioned accompanies the bid when required.

3.2 Bidders shall be entitled to return of bid security with the following EXCEPTION:

3.2.1 A successful bidder shall forfeit their bid security upon refusal or failure to execute the contract within ten (10) days after the notice of award of contract has been mailed.

3.3 The City may, upon refusal or failure of the successful bidder to execute the contract, award contract to the next lowest bidder. In this case, the amount of the lowest bidder’s security shall be applied to the difference between the low bid and next successful bidder, including any cost incurred by the City, any remainder shall be refunded.

4. Payment Bonds – A payment bond shall be required for all Public Projects in excess of $25,000. The bond shall be executed by an admitted surety insurer, and the amount shall be not less than 100% of the total amount payable pursuant to the contract. The form and amount of the bond shall be described in the Notice Inviting Bids.

5. Performance Bonds - The City Council, City Manager or Public Works Director/City Engineer shall each have authority to waive or require a performance bond before issuing a Notice Inviting Bids to the extent that the law and award authority allows. The amount shall be set at a level deemed necessary to protect the 749

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29 best interests of the City. The form and amount of the bond shall be described in the Notice Inviting Bids.

6. Sealed Bid Procedure

6.1 Sealed bids shall be submitted to the City Clerk or designee and shall be identified as bids on the envelope or receive electronically through the online bid management system, when allowed.

6.2 Bids shall be opened in public at the time and place stated in the public notice. In cases where bids are submitted and tabulated electronically, bid openings will be considered public as long as the individual bids are electronically accessible after the bids close.

6.3 The City Engineer, the City Clerk, or their designee, are required to be present at the opening and shall record all bids received.

6.4 All bids received shall be available for inspection during regular business hours in the office of the City Engineer for a period of 31 days after the bid opening.

7. Rejection of Bids - The City reserves the right to reject any and all bids, to accept or reject any one or more items of a bid, or to waive any irregularities or informalities in the bids or the bidding process.

8. Late Bids - Any bid received after the time specified in the notice shall be returned unopened pursuant to Section 53068 of the Government Code.

9. Tie Bids

9.1 If tie low bids are received, quality and service being equal, the contract shall be awarded to a local bidder; or

9.2 If the above condition (1) is not applicable, the City may accept either one or accept the lowest bid made by negotiation with the tie bidders; or

9.3 Award the bid to any one of the low tie bidders by public drawing.

10. Agreements for Construction of Public Projects

10.1 The template Agreement for Construction of Public Projects is contained within the City’s word processing system and shall be used for Public Projects. The template Agreement for Construction of Public Projects may 750

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30 also be used, as appropriate, for all other projects that qualify as a “public construction” project as it is defined in Labor Code Section 1720 and California Code of Regulations, Title 8, Section 16000.

10.2 The template Short Form Construction Contract is contained within the City’s word processing system and may be used for Public Projects that did not go through the formal bidding process if appropriate. This template may also be used for other projects that qualify as a “public construction” project as it is defined in Labor Code Section 1720 and California Code of Regulations, Title 8, Section 16000 if appropriate.

10.3 When projects are receiving proceeds that are derived from federal funding, certain federally required contractual provisions are required to be included in the agreements. City staff should consult with legal counsel to ensure that the necessary provisions are included in any projects that are federally funded.
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SELECTION OF PROFESSIONAL SERVICE CONSULTANTS AND CONTRACTORS 31 VIII. SELECTION OF PROFESSIONAL SERVICES CONSULTANTS AND

CONTRACTORS
A. Policy

1. Policies & Procedures for Selection of Professional Service Consultants and Contractors is established to provide a common understanding of the methods for selection of professional services consultants or contractors for the design, review, advisory, field engineering, environmental, personnel and related services in connection with public improvement projects, development processing and governmental operations of the City; and to ensure that the City will obtain the most qualified and competent professional services consultant or contractor at a fair and reasonable cost consistent with quality facilities and/or services.

2. Selection of Professional Services Consultants and Contractor — Professional consultants and contractors must be individually selected for a specific project with due regard for the experience of the consultant or contractor, special knowledge of the subject matter, ability to perform the services in the time allowed, record of success on similar work, and ability to participate in discussions and presentations related to the project.

3. Professional consultant and contractor services differ from other services as they do not readily fall within the competitive bidding process. Professional consultants/contractors should be individually selected through a qualificationsbased selection process for a specific project or service based on demonstrated competence and qualifications for types of services to be performed and with the objective of selecting the most qualified consultant/contractor at a fair, reasonable and verifiable appropriate cost.

B. Definitions

1. Professional Consultant/Contractor Services – Services provided by licensed and/or technically trained professionals with or without the furnishing of materials, including but not limited to:

1.1 Personnel or employee-related services – Services that provide benefit or assistance directly to employees, including services for human resources, temporary employment, supplemental staffing, etc.
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SELECTION OF PROFESSIONAL SERVICE CONSULTANTS AND CONTRACTORS 32 1.2 Consultant Services – Advisory services that provide a recommended course of action or personal expertise/advice, and provide an end product transmitting or that reports information. Consultant services are required in order to obtain professional technical advice or expertise that will supplement departmental expertise or advice or where an independent opinion or audit is required such as financial and economic feasibility study.

All consultant service contracts shall contain a provision that prohibits “follow-on” projects where prohibited by law that prevent the consultant from performing work related to any recommendations formulated as a result of the consulting work. Examples of these services can include:
community planning, accounting, legal, medical, auditing, and related services.

1.3 Revenue Generating Contracts – A contract for contractor-provided services in which the City does not pay a fee, but instead receives a portion of the revenues generated from the services such as the operation of a City facility, concessions, etc.

1.4 Information Technology Services (IT) – rendered services that may or may not include: software or hardware installation, implementation, integration, creation, development, customization, optimization, design, project management and other advanced technical services in support of the City’s Information Technology programs.

1.5 Software and Hardware Maintenance and Support – Software and hardware maintenance includes ongoing support, troubleshooting, problem resolution, functional improvements, security updates, and other optimizations to systems and is not included with the initial purchase price of the software/hardware. Software/Hardware maintenance and support service includes person-to-person communications regardless of the medium used to communicate: telephone support, on-line technical support, customized support, and/or technical expertise, as well as electronic software delivery and equipment repair/replacement.

Typically upgrades to existing software platforms or providers can qualify for a sole source or cooperative purchasing exemption. The City Manager or designee may approve the upgrade to the applicable award authorization level.

Any actions above the City Manager approval level requires an Agenda Report presented directly to City Council. The award of the contract, with any bargaining, would be identified and disclosed in the Agenda Report 753

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SELECTION OF PROFESSIONAL SERVICE CONSULTANTS AND CONTRACTORS 33 process.

1.6 Architect-Engineer (“A/E”) Plan Review/Inspection Consultant Services – Services including but not limited to civil, mechanical, structural, electrical, traffic engineering and certified plan review and inspection. Services may include but are not necessarily limited to:
investigations, report preparation, cost estimating, shop drawing review, CEQA documentation preparation, regulatory permit application and acquisition, geological and soils analysis, biology, material testing and inspection, real estate appraisal, and property acquisition services. This in includes studies addressing engineering, architecture, landscape architecture, facilities management, and environmental issues.

2. For City procurement purposes, Professional service contracts do not include contracts for Public Construction.

C. Procedure

1. List of Qualified Consultants or Contractors — Department Heads are authorized to maintain a file of names and brochures of the various technical consultants and contractors that expressed a general interest in doing work for the City of San Clemente, and to use such file for the purpose of soliciting proposals from these consultants and contractors. The Department Head has discretion to select and limit the number of firms who shall be maintained in the file and who shall receive Requests for Proposals from the City. Department Head shall seek out local professional consultants and contractors to maintain in their file.

2. Micro-Purchase Selection Process for Projects $10,000 or Less, as set by federal regulation – Staff may request a proposal from a qualified firm of their choice and negotiate a contract. The proposals may be verbal or written. Finance has the authority to determine if solicitation of additional proposals will better serve the City’s best interest.

3. Selection Process for Projects in Excess of $10,000 and less than or equal to $60,000 — Reasonable efforts shall be made to obtain three (3) or more proposals from qualified firms, but staff need not interview more than two (2) consultants or contractors. The solicitation and proposals may be verbal or written. Finance has the authority to determine if formal solicitation of proposals will better serve the City’s best interest.
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SELECTION OF PROFESSIONAL SERVICE CONSULTANTS AND CONTRACTORS 34 4. Selection Process for Projects in Excess of $60,000 — Reasonable efforts shall be made to request proposals in writing from at least five (5) consultants or contractors by the City’s Department Head or designee and approved by the City Manager. Staff will make every effort to interview at least three (3) consultants or contractors (which may be limited by number of proposals received). Contract award, if made, shall be made to the consultant or contractor whose price is fair and reasonable and who serves the City’s best interests taking into account the evaluation criteria set forth in the Request for Proposals.

5. Criteria for Selection — If applicable, the following factors shall be considered and evaluated in selecting a professional services consultant or contractor for a particular study or project using the Request for Proposal Method and detailed therein:

5.1 Cost of project or service.

5.2 Educational background.

5.3 Previous experience.

5.4 Demonstrated record of success on work previously performed for the City or similar work performed for others.

5.5 Project lead.

5.6 Staff to perform work within the specified time.

5.7 Methodology proposed to accomplish the work.

5.8 Ability to make effective public presentations of the report and/or design required.

5.9 Ability to work effectively with City staff, other public agencies and related parties as directed during the design, study, or other services.

5.10 Pertinent new ideas that may be presented during the course of the selection process.

5.11 Adequate knowledge of local conditions.

5.12 Availability, experience and knowledge of any subcontractors hired to complete the job or study.
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SELECTION OF PROFESSIONAL SERVICE CONSULTANTS AND CONTRACTORS 35 5.13 Additional work performed by the contractor that may have a direct and substantial physical relationship or conflict to the proposed project.

5.14 Previous history of completing projects within budget and design estimates.

5.15 Ability to furnish adequate and effective construction supervision.

5.16 Consideration for consultants or contractors currently working with a major developer in the City for work within or adjacent to the major development project.

5.17 Whether the consultant or contractor is local.

6. Interview Process for Projects — The interview and selection process shall be conducted by the Department Head or designee responsible for the project. If the contract exceeds $60,000, the interview and selection process shall be conducted by at least two (2) individuals.

7. Consultant or Contractor Fees — After a consultant or contractor is selected, but before a recommendation is made, the fee for the professional services shall be negotiated and it must be fair and reasonable. If a mutually satisfactory fee cannot be agreed upon, negotiations shall be terminated and another consultant or contractor shall be selected.

8. Contract — The award of a contract shall be made only when sufficient funds are appropriated in the departmental and/or project account. Exemptions are granted for those professional services that relate to the processing of development plans funded through a developer deposit.

9. Supplemental or Contingency Award on Contracts — The City Manager has the authority to approve supplemental amounts as a result of changes to a project’s scope up to an aggregate of $60,000 provided that such changes do not violate applicable law or result in a cardinal change to the contract or an increase of more than 19% to the contract amount. Changes greater than $60,000 or outside of the City Council approved contingency must be approved by City Council. The agenda report must contain verbiage explaining what types of duties or situations might require supplemental funding and separate action must be taken on the contract award and the supplemental award. If a supplement will result in a cardinal change to the contract or increase the contract amount more than 19%, it must be treated as a separate contract.
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SELECTION OF PROFESSIONAL SERVICE CONSULTANTS AND CONTRACTORS 36 10. Professional Consultant/Contractor Services Agreement (PCSA) – PCSAs are required for all services as prescribed herein. The template Professional Services Consultant/Contractor Agreement is contained within the City’s word processing system and shall be used for all contracts that pertain to professional services.

10.1 When agreements are being funded, in whole or in part, through federal resources, certain federally required contractual provisions are required to be included in the agreements. City staff should consult with legal counsel to ensure that the necessary federal provisions are included in these agreements.

11. Exemptions to the Informal and Formal Bidding Process – Procurement may be exempt from the bidding process (Informal/Formal) as defined in Article (XI) and Article (XII) herein.

12. Approval and Award of Contract — Approval and award of PCSAs will be:

Division Manager Up to $10,000
Department Head $10,000.01 to $25,000
City Manager Over $25,000.01 to $60,000
City Council $60,000.01 and above
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SELECTION OF GENERAL SERVICE CONSULTANTS AND CONTRACTORS 37 IX. SELECTION OF GENERAL SERVICES CONSULTANTS AND CONTRACTORS A. Policy

1. General Service Consultants and Contractors policies and procedures are established to provide a common understanding of the methods for selection of general services consultants or contractors; and to ensure that the City will obtain the most qualified and competent general services consultant or contractor at a reasonable cost consistent with quality facilities and/or services.

2. Selection of General Services Consultants and Contractor — General services consultants and contractors must be individually selected for a specific project with due regard for the experience of the consultant or contractor, special knowledge of the subject matter, ability to perform the services in the time allowed, record of success performing similar services and price.

B. Definitions

1. General Services Contractor/Consultant – A general services contractor or consultant generally consists of a contractor or consultant performing a service that typically does not require a high degree of professional certification or specialized expertise either with or without the furnishing of materials. Included in the definition of service contracts covered in this section are the following:

2. General services can include, but are not limited to, the following fields:
a. Maintenance Services, as defined in Article IX(B)(3) herein b. Security Services
c. Janitorial Services
d. Fleet Maintenance
e. Uniform Laundry Services

3. Maintenance Services — Maintenance Services can include, but are not limited to, the following:
a. Routine, recurring, and usual work for the preservation or protection of any publicly owned or publicly operated facility for its intended purposes b. Minor repainting.
c. Resurfacing of streets and highways at less than one inch. d. Landscape maintenance, including mowing, watering, tree and other plant trimming, pruning, minor planting, minor replacement of plants, and servicing 758

PROCUREMENT POLICIES & PROCEDURES

SELECTION OF GENERAL SERVICE CONSULTANTS AND CONTRACTORS 38 of irrigation and sprinkler systems.

C. Procedure

1. List of Qualified Consultants or Contractors — The Department Heads are authorized to maintain a file of names and brochures of the various general services consultants and contractors who have expressed a general interest in doing work for the City of San Clemente, and to use such file for the purpose of soliciting proposals from these consultants and contractors. The Department Head has the discretion to select and limit the number of firms who shall be maintained in the file and who shall receive Requests for Proposals from the City. Department Heads shall seek out local professional consultants and contractors to maintain in their file.

3. Selection Process for Projects in Excess of $10,000 and less than or equal to $60,000— Reasonable efforts shall be made to obtain three (3) or more proposals from qualified firms, but staff need not interview more than two (2) consultants or contractors. The solicitation and proposals may be verbal or written. Finance has the authority to determine if formal solicitation of written proposals will better serve the City’s best interest.

4. Selection Process for Projects in Excess of $60,000 — Reasonable efforts shall be made to request proposals from at least five (5) consultants or contractors by the City’s Department Head or designee and approved by the City Manager. Staff will make every effort to interview at least three (3) consultants or contractors, which may be limited by number of proposals received. Contract award, if made, shall be made to the consultant or contractor who serves the City’s best interests taking into account the evaluation criteria set forth in the Request for Proposals.

5. Criteria for Selection — If applicable, the following factors may be considered and evaluated in selecting a consultant or contractor to perform general services using the Request for Proposal method:

5.1 Price.

5.2 Educational background.
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SELECTION OF GENERAL SERVICE CONSULTANTS AND CONTRACTORS 39 5.3 Previous experience.

5.4 Demonstrated record of success on work previously performed for the City or similar work performed for others.

5.5 Project lead.

5.6 Staff to perform work within the specified time.

5.7 Methodology proposed to accomplish the work.

5.8 Ability to work effectively with City staff, other public agencies and related parties as directed during the course of the services.

5.9 Pertinent new ideas which may be presented during the course of the selection process.

5.10 Adequate knowledge of local conditions.

5.11 Availability, experience, and knowledge of any subcontractors hired to complete the services.

5.12 Additional work performed by the contractor which may have a direct and substantial physical relationship or conflict to the proposed services.

5.13 Previous history of completing services within budget.

6. Interview Process — The interview, if any, and selection process shall be conducted by the Department Head or designee responsible for the project or services. If the contract exceeds $60,000, the interview, if any, and selection process shall be conducted by at least two individuals.

7. Consultant or Contractor Fees — After a consultant or contractor is selected through the Request for Proposals process, but before a recommendation is made, the fee for the services may be negotiated in the City’s sole discretion. If a mutually satisfactory agreement cannot be agreed upon, negotiations shall be terminated and negotiations with the next highest ranked consultant or contractor shall be conducted until a consultant or contractor is selected or the City chooses to reject all proposals.

8. Contract — The award of a contract shall be made only when sufficient funds are appropriated in the departmental and/or project account and appropriate findings under the California Environmental Quality Act are made and documented. 760

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SELECTION OF GENERAL SERVICE CONSULTANTS AND CONTRACTORS 40 9. Supplemental or Contingency Award of Contracts — The City Manager has the authority to approve annual supplemental amounts up to $60,000 in the aggregate.

If the annual supplemental amounts make the contract total greater than $60,000, City Council must approve the supplemental amounts or a separate contract may be entered into. The agenda report must contain verbiage explaining what types of duties or situations might require supplemental funding and separate action must be taken on the contract award and the supplemental award.

10. General Consultant and Contractors Services Agreement (GCSA) – GCSAs are required for all services as prescribed herein. The templates for General Consultant and Contractor Service Agreements are contained within the City’s word processing system and shall be used to draft all City contracts that pertain to general services.

10.1 When agreements are being funded, in whole or in part, with proceeds that are derived from federal funding, certain federally required contractual provisions are required to be included in the agreements. City staff should consult with legal counsel to ensure that the necessary provisions are included in any agreements that are federally funded.

11. Exemptions to the Informal and Formal Bidding Process – Procurement may be exempt from the bidding process (Informal/Formal) as defined in Article (XI) and Article (XII) herein.

12. Approval and Award of Contract — Approval and award of GCSAs will be:

Division Manager Up to $10,000
Department Head $10,000.01 to $25,000
City Manager Over $25,000.01 to $60,000
City Council $60,000.01 and over
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SELECTION OF OTHER PURCHASING RELATED ACTIVITIES FOR

SERVICES, ITEMS, LICENSES, COMMODITIES AND UNSOLICITED

PROPOSALS
41 X. SELECTION OF OTHER PURCHASING RELATED ACTIVITIES FOR

SERVICES, ITEMS, LICENSES, COMMODITIES AND UNSOLICITED

PROPOSALS
A. Policy

1. Other Purchasing Related Activities for items, services, licenses, commodities, and unsolicited proposals are established to provide a common understanding of the methods for selection of other purchasing related activities; and to ensure that the City will obtain the most qualified and competent consultant or contractor at a reasonable cost consistent with quality facilities and/or services.

B. Definitions

1. Other Purchasing Related Activities – any service, commodity, tangible, or intangible property purchased by the City and not addressed in any other section in the Purchasing Policy. These types of purchases may or may not be required to use the City’s standard contract templates. The following describes purchases considered to be other purchasing related activities including but not limited to:

1.1 Software/Licenses (Retail – Perpetual and Subscription) – Contracts for proprietary software licenses where the software publisher grants the use of the software under the end-user license contract (EULA), but ownership of the software remains with the software publisher. These types of purchases typically include terms that define the uses of the software and number of users allowed.

1.1.1 Perpetual License – The right to use a software program indefinitely with payment of a single fee. License may or may not include a limited Software Maintenance period and/or the option to purchase ongoing Software Maintenance at the time of purchase or at a later date.

1.1.2 Subscription License – The right to use a software as designed without customization for a determined fee, which includes general technical support, updates and upgrades to new versions or releases of the software (e.g., Software as a Service (SaaS) or Commercial Off the Shelf (COTS) software) irrespective of where the software is hosted. It may also include other no charge support that is included 762

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SELECTION OF OTHER PURCHASING RELATED ACTIVITIES FOR

SERVICES, ITEMS, LICENSES, COMMODITIES AND UNSOLICITED

PROPOSALS
42 in the purchase price of the product in the commercial marketplace.

No charge support includes items such as user blogs, discussion forums, on-line help libraries and FAQs (Frequently Asked Questions), hosted chat rooms, and limited telephone, email and/or web-based general technical support for users’ self-diagnostics.

1.2 Subscriptions/Databases/Cloud Computing – Contracts for access to online information, databases or remote servers to be used to enhance or support a City program, project or technology initiative. Contracts of this type involve no on-site visits or work by a vendor and are limited to the digital exchange of information for a predetermined fee.

1.3 Software Maintenance – Software maintenance as a product includes the publishing of bug/defect fixes via patches and updates/upgrades in function and technology to maintain the operability and usability of the software product. It may also include other no charge support that is included in the purchase price of the product in the commercial marketplace. No charge support includes items such as user blogs, discussion forums, on-line help libraries and FAQs (Frequently Asked Questions), hosted chat rooms, and limited telephone, email and/or web-based general technical support for users’ self-diagnostics. Software Maintenance as a product is billed at the time of purchase or on an annual basis.

1.4 Commodities- purchase of raw materials or primary products in current or future markets.

1.5 Wholesale Energy – Purchase of energy or related using spot or futures contracts.

1.6 Unsolicited Proposals – Unsolicited proposals present an opportunity for companies to bring forward innovation and solutions to the City. The unsolicited proposal process is subject to competitive solicitation at the discretion of the Finance Department.

C. Determination of Purchasing Procedure – Departments will coordinate with Finance to determine the best method for procurement of other purchasing related activities. These methods may be used in combination with various sections of this Policy or may require other facets to facilitate at the discretion of the Finance Department in coordination with 763

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SELECTION OF OTHER PURCHASING RELATED ACTIVITIES FOR

SERVICES, ITEMS, LICENSES, COMMODITIES AND UNSOLICITED

PROPOSALS
43 the City Attorney. It is the intent of this section to ensure all purchasing is done in a competitive and ethical manner while meeting unique procurement needs. 764

PROCUREMENT POLICIES & PROCEDURES

EXEMPTIONS TO THE FORMAL & INFORMAL SOLICITATION PROCESS 44 XI. EXEMPTIONS TO THE FORMAL & INFORMAL SOLICITATION PROCESS A. Policy

1. Competitive bids/proposals should be sought if there is a reasonable possibility of obtaining better prices commensurate with the time and effort expended. This Policy is further limited by local, state, and federal law and is not be used for the sole purpose of circumventing purchasing procedures. Exemptions for public construction is limited as defined by the Public Construction Code. The purpose of this section is to use these Exemptions for the benefit of the City and public interest in an ethical and legal manner. Exemptions, as noted in the following listing, shall be authorized by Finance and subject to Department Head, City Manager, or City Council consent in accordance with approval thresholds as documented in the Purchasing Policy. Procurement may be exempt from the bidding/request for proposal process (Informal/Formal) under the following conditions:

1.1 Bona fide “Emergency” as defined in the San Clemente Municipal Code Section 3.40.070 and Article (XII) herein.

1.2 When the City Council determines by minute action or resolution, that compliance with the bidding requirements and procedures is inefficient, impractical, or not in the best interest of the City, based on specifically identified conditions and supported by substantial evidence in the record.

1.3 Procurement does not exceed the micro-purchase threshold as set by federal regulation.

1.4 When participating in a cooperative purchasing agreement or program, or using a competitively awarded agreement of another local, state, or federal government agency or joint powers authority made up of government agencies to obtain the same supplies, equipment or services at the same or lower prices (commonly referred to as “piggybacking”) that utilized competitive bidding procedures that accomplish the purpose and intent of competitive bidding requirements under City Policy and state law and that are not inconsistent or in conflict with any City Policy or applicable law. In deciding whether to utilize a cooperative purchase agreement, the following considerations must be addressed:

1.4.1 Finance review and approval is required prior to award. 765

PROCUREMENT POLICIES & PROCEDURES

EXEMPTIONS TO THE FORMAL & INFORMAL SOLICITATION PROCESS 45 1.4.2 The extent to which the bid process or contract followed applicable bidding procedures guidelines outlined within this Policy should be considered.

1.4.3 The City is not required to have joined a public agency in a cooperative purchase to participate in the cooperative agreement or piggyback contract.
(a) The City has the authority to join with other public agencies in cooperative purchasing plans or programs including, but not limited to, the California Department of General
Services (CADGS), the California Multiple Award Schedule (CMAS), the U.S. General Services Administration
(“GSA”) Multiple Award Schedule program, the National
Association of Counties (NACo), National Association of State Procurement Officials (NASPO), and the California Network and Telecommunications (CALNET) Program.
(b) Sourcewell, OMNIA Partners, U.S. Communities
Government Purchasing Alliance or similar arrangements or programs as determined by the purchasing agent may also be authorized if in the City’s best interest. These generally require the City to enter into a separate contract with the vendor that follows approval thresholds set forth in this Policy.

1.5 Services and/or supplies obtained from or through agreement with any governmental, public or quasi-public entity.

1.6 Procurements funded by grants, donations or gifts when the special conditions attached to the grants, donations or gifts require the procurement of particular goods and/services.

1.7 Clearly established “Sole Source” suppliers or service providers, i.e., a single supplier who is the sole distributor, manufacturer or provider of a product or service such that there is not an acceptable substitute within a specific geographical area, i.e., Southern California or California. This exclusiveness must be verified in writing by the manufacturer or company, with confirmation on file with Finance. Examples of acceptable sole source procurement include:
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EXEMPTIONS TO THE FORMAL & INFORMAL SOLICITATION PROCESS 46 a. Only one known source exists (City’s preference for a company, brand or manufacturer does not justify sole source).
b. Good or service is unique or special in nature.
c. No other reasonable alternative source exists that meets the City’s requirements.
d. Compatibility of good or service (e.g., department requires a specific piece of equipment, software or replacement part to be compatible with an existing equipment system).
e. Only one source meets the business needs of the City (e.g., compatibility, unique feature to meet City’s business need, etc.). f. Limited or proprietary systems (i.e., additional licenses, updates, specialized replacement parts, etc.);

1.8 The proposed professional service provider has unique familiarity with the project, subject area, or possesses other attributes that make the provider uniquely qualified to provide the services and utilizing that service provider will not violate Government Code section 1090 or other applicable law.

1.9 The costs involved in complying with the Policy greatly exceed the potential savings that the Policy might create.

1.10 The good, service, or project is of a critical nature and, due to time constraints, compliance with the Policy requirements would jeopardize timely completion.

1.11 Procurement of public utility services.

1.12 Procurement of energy, various components of energy, or derivatives in a deregulated energy market.

1.13 When solicitation jeopardizes the safety of the City, including, but not limited to, cyber security or security programs.

1.14 When purchasing from, joining in a cooperative purchase with or selling to any other governmental agency or joint powers authority when the action is beneficial to the interests of the City of San Clemente. 767

PROCUREMENT POLICIES & PROCEDURES

EXEMPTIONS TO THE FORMAL & INFORMAL SOLICITATION PROCESS 47 1.15 Credit card interchange fees are considered a cost of transacting and will be recovered through fee adjustments or convenience fee based on the transaction amount. An informal process will be allowed with comparisons to other providers’ rates.
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EMERGENCY PURCHASING & CONTRACTING
48 XII. EMERGENCY PURCHASES & CONTRACTING
A. Policy

1. Emergency Purchases & Contracting Policies & Procedures are established to provide common methods for securing goods, services and public construction needed in the event of an Emergency and to ensure that all requests are in accordance with the Purchasing Ordinance as well as other applicable legal requirements.

2. While the need for occasional Emergency purchases and contracting is recognized, the practice shall be curtailed as much as possible by anticipating needs in time for the use of the regular purchasing procedure.

2.1 Emergency purchases and contracting may be made by the City Manager, Incident Commander or designee only in an Emergency when essential to prevent serious delays that vitally affect the preservation of life, health, safety, or property.

2.2 Authorized verbal orders may be permitted for Emergency purchases of mechanical parts and supplies needed to expedite the return to service of public safety vehicles.

B. Definitions

1. Emergency – A sudden, unexpected occurrence that poses a clear and imminent danger, requiring immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services.

C. Procedure

1. Exemptions to the Informal and Formal Bidding Process – Procurement may be exempt from the bidding process (Informal/Formal) under the following conditions:

1.1 Bona fide “Emergency” as defined in the San Clemente Municipal Code Section 3.40.070 and this Policy.

2. Emergency Purchases and Contracting

2.1 In the case of an Emergency, the City, pursuant to a four-fifths vote of the City Council, may repair or replace a public facility, take any action directly related to and immediate action required by that Emergency, and procure 769

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EMERGENCY PURCHASING & CONTRACTING
49 the necessary goods, services, and public construction for those purposes, without giving notice for bids/proposals, to let contracts in accordance with Public Contract Code Section 22050.

2.2 The goal of the Purchasing program is to save funds on procurement by reducing Emergency purchases and contracting to provide dollar savings.

2.2.1 For Emergency purchases and contracting, the user department shall contact the City Manager or their designee, advising of the Emergency that has arisen, and shall request approval.

2.2.2 If an Emergency should arise during a time when Finance is normally closed, the requesting department may select a vendor and a purchase order number will not be assigned at the time of the transaction. However, the obligation and responsibility of the requesting department is to inform Finance of the details of the transaction at the earliest possible time on the first normally scheduled work day following the Emergency.

2.2.3 The requesting department shall obtain the requested material or service and a delivery slip from the vendor with an explanation justifying the Emergency purchase. All invoices shall be sent directly to the requesting department for review.

2.2.4 Requisitions covering Emergency purchases should be entered into the financial system within one working week of the order being placed.

2.2.5 A memorandum of explanation justifying the need and/or circumstances for the Emergency purchase and contract must accompany all Emergency requisitions. Any Emergency requisition not accompanied by a memo of justification will be returned to originating department and not be processed for payment.

2.2.6 Emergency purchases and contracts shall be approved by the City Manager or their designee.

A written report from the requesting department head detailing the circumstances of all Emergency purchases and contracts in excess of $60,000 shall be filed with the City Council at the Council’s next regular meeting (Section 3.40.070 San Clemente Municipal Code). 770

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50 2.2.7 The Emergency purchase of unbudgeted capital outlay items must be approved by the City Manager and City Council at the ensuing meeting date.
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ENVIRONMENTALLY PREFERABLE PROCUREMENT
51 XIII. ENVIRONMENTALLY PREFERABLE PROCUREMENT
A. Policy

1. Procurement Policies & Procedures are established to support markets for recycled and other environmentally preferable products by encouraging City Departments and contractors to buy such products whenever practicable and in the City’s best interests. The California Integrated Waste Management Board makes on-going efforts to reduce the landfill solid waste streams by encouraging the use of environmentally preferable products.

2. This Policy establishes procedures and programs to encourage and facilitate the procurement of recycled and other environmentally preferable product by the City of San Clemente and its contractors. This Policy calls upon the City and its contractors to use recycled and other environmentally preferable products whenever practical, while recognizing that their principal requirements must be product performance and fiscal responsibility.

3. To the extent of any conflict, this Policy shall automatically be superseded by SB 1383 or any other local, state and federal laws pertaining to environmental initiatives currently existing or as amended or enacted from time to time.

B. Definitions
The following terms shall have the assigned definitions for all purposes under this Policy.

1. “City” - means the City of San Clemente.

2. “Compost Products” - means mulch, soil amendments, ground cover, or other landscaping material derived from the biological or mechanical conversion of cellulose-containing waste material.

3. “Environmentally Preferable Products” - means products that have a lesser or reduced effect on human health and the environment when compared with competing products that serve the same purpose. This comparison may consider raw materials acquisition, production, manufacturing, packaging, distribution, reuse, operation, maintenance or disposal of the product.

4. “Post-Consumer Recycled Material” - means only those products generated by a business or consumer which have served their intended end uses, and which have 772

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52 been separated or diverted from the solid waste stream for the purposes of collection, recycling and disposition.

5. “Practicable” - means sufficient in performance and available at a reasonable price (Final determination of the practicability of any given product must lie with the users of the product, since it is they who understand their performance and budgetary requirements. Evaluation should consider life-cycle and replacement costs.)

6. “Price Preference” - means a percentage by which offered prices for recycled products are reduced for purposes of bid evaluation. For example, under a 5% price preference, if a bid of $1.00 per unit is received for a recycled product meeting specification, the bid price will be reduced by $0.05 (5%) and evaluated as though it had been $0.95. If this bid results in a contract award, the price actually contracted will be the bid price of $1.00 per unit.

7. “Recyclable Product” - means a product which, after its intended end use, can demonstrably be diverted from the solid waste stream for use as a raw material in the manufacture of another product.

8. “Recycled Material” - means material and byproducts that have been recovered or diverted from solid waste and that can be utilized in place of raw or virgin materials in manufacturing a product. It is derived from post-consumer recycled material, manufacturing waste, industrial scrap, agricultural waste, and other waste material, but does not include material or byproducts generated from, and commonly reused within, an original manufacturing process.

9. “Recycled Product” - means a product containing recycled material.

C. Procedure

1. Responsibilities of Lead Agency

1.1 The Public Works Department and Utilities Solid Waste Division shall be the lead agency for implementation of this Policy and shall perform the following:

1.1.1 Develop and maintain information about environmentally preferable products and recycled products containing the maximum practicable amount of recycled materials to be purchased by the City whenever possible.
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53 1.1.2 Inform City Departments and Divisions of their responsibilities under this Policy and provide implementation assistance.

1.1.3 Disseminate information on recycled and environmentally preferable product procurement opportunities, specifications, and performance to the other City Departments and Divisions.

1.1.4 Communicate with Departments and Divisions to review Policy requirements and new procurement opportunities and to monitor the status of Policy implementation product research results.

1.1.5 Publicize the progress of Policy implementation.

1.1.6 Submit reports to the City Council reflecting the procurement program actions considering the following information:
(a) A compilation of procurement data collected from all City Departments and Divisions.
(b) A status of product or service evaluations conducted by the City’s Departments and Divisions.
(c) An assessment of procurement program effectiveness, an evaluation of program goals and projections of future
procurement opportunities.
(d) Recommendations for changes in the Procurement Policy.

2. Responsibilities of all City Departments and Divisions

2.1 Each City Department and Division shall be responsible for the following:

2.1.1 Evaluate each recycled or environmentally preferable product to determine the extent to which the Department or Division and its contractors may practicably use the product.

2.1.2 Purchase recycled products with the maximum amount of recycled material practicable.

2.1.3 Ensure contracts issued by the Department or Division require recycled and environmentally preferable products wherever practicable.
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54 2.1.4 Ensure contracts issued by the agency for recycled products require the maximum practicable amount of recycled material contractors and provide certification of this content or report amounts used.

2.1.5 Ensure that all printing by all City Departments and Divisions use recycled paper that bears the “chasing arrow” logo or other imprint identifying it as such when practicable.

2.1.6 Use both sides of paper sheets whenever practicable in printing and copying.

2.1.7 Ensure that requests for bids and proposals issued by all City Departments and Divisions require that, whenever practicable, contractors and consultants use recycled paper and both sides of paper sheets or facilitate paperless practices.

2.1.8 Report the progress of Policy implementation by the Department or Divisions to the Solid Waste Section, including the status of product evaluations conducted by the Solid Waste Section and types of environmentally preferable products purchased by the Department or Division and its contractors.

2.1.9 Report total purchases of environmentally preferable, recycled and non-recycled products by the Department or Division and its contractors annually to the Solid Waste Division.

3. Price Preference

3.1 All environmentally preferable products will be given a five percent (5%) price preference when evaluating bids/proposals.

4. Environmentally Preferable Products

4.1 Environmentally preferable products are listed below. The Solid Waste Division may modify this list from time to time.

4.1.1 Paper and paper products.

4.1.2 Compost products.

4.1.3 Horticultural mulch made with recycled land clearing and other wood debris.
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55 4.1.4 Construction aggregates made with recycled cement concrete, glass or asphalt.

4.1.5 Cement and asphalt concrete containing glass cullet, recycled fiber or plastic, tire rubber or fly ash.

4.1.6 Lubricating oil and hydraulic oil with re-refined oil content.

4.1.7 Antifreeze.

4.1.8 Recycled plastic products.

4.1.9 Remanufactured tires and products made from recycled tire rubber, including rubber mats and play field surfaces.

4.1.10 Insulation Products.

4.1.11 Paint.

4.1.12 Remanufactured laser printer toner cartridges.

4.1.13 Other products as designated by the Solid Waste Section.

5. Exemptions

5.1 Nothing contained in this Policy shall preclude City Departments and Divisions from requiring recycled material content as a bid specification.

5.2 Nothing in this Policy shall be construed as requiring a City Department or Division or its contractors to procure products that do not perform adequately for their intended use or are not available at a reasonable price in a reasonable period of time.
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CONTRACT ADMINISTRATION
56 XIV. CONTRACT ADMINISTRATION
A. Policy
It shall be the Policy of the City of San Clemente to ensure that all contracts to which the City is a party are prepared and processed according to a systematic procedure in order to ensure that contract documents are legally enforceable and that all necessary securities and protections are in place prior to the commencement of work.

B. Contract and Agreement Determination

1. Other than petty cash, all procurements require the use of a contract or agreement as prescribed in this section.

1.1 Requisitions are required for purchases in excess of $5,000 or a lesser amount determined by finance based on the inherent procurement risk.

1.2 Appropriate use of contracts and purchase orders are further described in Article (V)(C).

C. Definitions
For purposes of this Policy, the following definitions shall apply:

1. Contract: A promise in writing or set of promises in writing signed by the parties the breach of which the law gives a remedy or the performance of which the law in some way recognizes as a duty, including without limitation, Purchase of Supplies, Materials and Equipment, Professional/General Services Agreements, Agreements for Construction of Public Projects, Subdivision Improvement Agreements, accepted Purchases Orders, and leases.

2. Agreement: Same as “Contract.”

3. Purchase Contract: A contract that procures supplies, materials and equipment. (see Article VI, Procurement of Supplies Materials and Equipment)

4. Purchase Order: A contractual agreement for goods, services and public construction projects for an approved amount. These instruments have less detailed or incorporated terms and conditions as compared to a standard City contract and should only be used independently for minimal risk procurements. City practice is to use purchase orders in conjunction with standard City agreements whenever feasible.
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57 5. Agreement for Construction of Public Projects: A contract that procures services that will directly result in the physical construction of a public improvement. (See Article VII, Public Construction Projects)

6. Professional Services Agreement: A contract that procures professional, technical and/or clerical services and that will not directly result in the physical construction of a public improvement. (See Article VIII, Selection of Professional Services Consultants and Contractors)

7. General Services Agreement: A contract that procures services which typically do not require a high degree of professional certification or specialized expertise either with or without the furnishing of materials. (See Article IX, Selection of General Service Consultant and Contactors)

8. Other Agreements: A contract that is not appropriate for the use of the City’s standard purchasing templates used for Construction of Public Projects, Professional Services, General Services, Supplies, Materials and Equipment. These types of agreements must be sent to the City Attorney in advance for approval.

Other agreements include but not limited to the following:

8.1 Information Technology Agreements: A contract that procures information technology related services or license agreements for use of technology.

8.2 Third Party Energy Supplier Contracts: A contract that procures energy, various components of energy, or derivatives in a deregulated energy market.

9. Insurance: A contract whereby, for a stipulated consideration, one party undertakes to compensate the other for loss on a specified subject by specified perils.

10. Certificate of Insurance: Evidence of insurance provided in lieu of an actual copy of the insurance Policy and which contains statements or words to the following effect: “This certificate or verification of insurance is not an insurance Policy and does not amend, extend or alter the coverage afforded by the policies listed herein.

Notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate or verification of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies.” (California Insurance Code Section 384.)
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58 11. Insurance Endorsement: A statement issued by a duly authorized representative of an insurance company that guarantees the validity of a Certificate of Insurance and names the City of San Clemente, its, officials, officers, employees, agents, and volunteers and if determined appropriate, Caltrans (California Department of Transportation), Federal Highway Administration, and any other public agencies, as additional insureds.

12. Security Instrument: A bond, letter of credit, or other security acceptable to the City at City’s sole and absolute discretion which guarantees or secures the fulfillment of an act, such as faithful performance, payment to subcontractors and other persons furnishing labor, materials, or equipment, and/or warranting the accepted works of improvement.

13. Local Bidder: A bidder that is a small business with a physical business location is in the boundaries of the City of San Clemente as indicated on an approved active business license. Prices, fitness, quality, delivery and service being equal, a seven percent (7%) "local preference" may be given to the local bidders as provided by law and further defined in SCMC section 3.40.030.

D. Procedure

1. All City departments shall be responsible for drafting agreements that pertain to their operations. Standard forms for Purchase of Goods, Professional Services Agreements, General Services Agreements, and Agreements for Construction of Public Projects are contained within the City’s word processing system and shall be used to draft all City contracts/agreements that pertain to goods, general/professional services or construction projects. No modifications to the standard forms for contracts/agreements shall be made without prior City Attorney approval.

1.1 Access the standard Contract Template, utilize Word to create a new document, open the shared templates, choose Purchasing and double click on the Template Filename as listed in the following table.

Contract Type Template Filename
Supplies, Materials & Equipment Purchase Contract Template Professional Services Agreement Professional Consultant/Contractor Services Agreement
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59 General Services Agreement -General Services Agreement -Maintenance Services Agreement
Construction of Public Projects Construction Contract
Short Form Construction Contract Short Form Construction Contract

1.2 Software license agreements may use agreements provided by software provider due to the technical nature, if acceptable to the City Attorney.

1.3 Other agreements not listed must receive approval by Finance and the City Attorney’s office before execution.

2. After a draft contract/agreement has been prepared, the originating department shall include the contract document in the bid package to ensure that prospective bidders are provided with all requirements prior to submitting bids/proposals.

3. The originating department in coordination with the City Clerk’s Office shall determine the number of original contracts needed and shall ensure that sufficient original contracts are processed and distributed. If applicable, the original contract shall be returned to the originating department for its retention only if an additional contract has been processed specifically for this purpose.

3.1 Electronic Signatures. Whenever possible agreement should be signed electronically. Electronic signatures have with the same force and effect as original ink signatures when a provision to that effect is included in the contract language.

4. The originating department shall obtain and attach all necessary exhibits, such as scope of work, schedule of performance, maps and legal descriptions to all original or electronic copies of the contract.

5. Originating departments are encouraged to submit all word version copies of the draft contract, complete with all attachments (with the exception of Certificates of Insurance/Endorsement and Security Instruments) to the City Attorney for approval as to form in advance of submission to the contractor/consultant. The City Attorney shall sign the original contracts when acceptable from a legal standpoint.

6. The originating department shall obtain the signature(s) of the party(ies) with whom the City proposes to contract on all originals of the contract document. It is critical 780

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CONTRACT ADMINISTRATION
60 that representatives from the opposite party(ies), who are authorized to execute binding agreements on behalf of their company, as verified by the originating department, sign all originals of proposed Professional Services Agreements prior to City Council consideration of same.

The City shall execute agreements in advance of execution by the opposite party(ies), only in cases where the City proposes to contract with a higher agency, such as the County of Orange or State of California. Some contracts, particularly those which involve land conveyance and/or recordation with the County Recorder (e.g., easements and development agreements), require that signatures be notarized.

In these cases, the originating department shall ensure that the party with whom the City proposes to contract submits a notarized signature on all originals of the contract document. The City Clerk or Deputy City Clerk shall notarize the City’s signatories.

7. The originating department shall ensure, and verify with Finance, if necessary, that sufficient funds are budgeted to cover the cost of the contract/agreement.

8. Unless City Council approval is required by State or local statute, contracts that involve expenditures of up to $10,000 may be signed by Division Managers, $25,000 or less may be signed by Department Heads; contracts that involve expenditures less than or equal to $60,000 may be signed by the City Manager; and all contracts that involve expenditures greater than $60,000 shall be submitted to the City Council for approval and shall be executed by the City Manager or their designee following City Council approval.

9. A Certificate of Insurance and insurance endorsement shall be obtained from all Contractors/Consultants, which evidence minimum insurance coverage consistent with the text of the contract. A new Certificate of Insurance and endorsement need not be obtained from professional services consultants provided they have a “blanket” coverage insurance certificate already on file with the City that will remain in effect during the duration of the project. In such cases, it is incumbent upon the originating department to attach a copy of the existing insurance certificate and endorsement to the contract document. “Blanket” coverage is defined as liability insurance that meets the requirements of the contract and does not contain a provision that limits its application to a specific project. Public construction project contractors must provide a new insurance certificate and endorsement with each contract.

10. A business license shall be obtained from all Contractors/Consultants prior to the commencement of the agreement.
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CONTRACT ADMINISTRATION
61 11. Security Instruments, which conform to the requirements of Agreements for Construction of Public Projects, shall be obtained from all Public Project contractors. Following approval of the Security Instruments by the City Manager or designee, the Security Instruments shall be attached to the City’s original of the contract document. The words “City Copy” shall be clearly labeled on the first page of the contract which contains the Security Instruments as well as the Certificate of Insurance and endorsement.

12. After all applicable requirements in this section have been completed, the originating department shall obtain the signature of the Department Head on all original copies of Agreements for which the Department Head is authorized to execute.

13. After all applicable requirements in this section have been completed, the original contracts shall be submitted to the City Clerk’s Office for processing. Contracts shall not be provided to the City Clerk’s Office until all applicable exhibits, signed Workers Compensation Insurance Certification, Certificate of Insurance/endorsement, and bonds (if applicable) which have been approved and initialed by the City Manager or designee, applicable Security Instruments have been attached to the contract document and approval from the City Attorney’s office has been obtained.

14. The City Clerk’s Office shall obtain the signature of the City Manager on all original contracts which he/she is authorized to execute pursuant to this Policy.

15. The City Clerk’s Office shall obtain the signature of the Mayor on all original contracts that have been approved by the City Council where the Council has not specifically delegated signature authority to another City representative.

16. The City Clerk’s Office shall not release executed contracts to the originating department, consultant or contractor until, and unless, all of the following have been verified:

16.1 The contract has been approved as to form by the City Attorney.

16.2 The contract has been approved as to funding availability by Finance.

16.3 The contract has been executed by the consultant or contractor. 782

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62 16.4 When applicable, the contract has been executed by the appropriate City representative pursuant to this Policy. In the case of contracts which require City Council approval, the approval shall be verified.

16.5 When applicable, the contract contains a Workers Compensation Insurance Certification that has been executed by the Consultant or Contractor.

16.6 When applicable, the Certificate of Insurance and insurance endorsement have been approved and initialed by the City Manager or designee.

16.7 Any required Security Instruments required by the contract have been approved by the City Manager or designee.

16.8 All exhibits to the contract, including but not limited to, scope of work, schedule of performance, maps, legal descriptions, Certificates of Insurance/Endorsements, and Security Instruments have been included or appended.

17. After the City Clerk’s Office has verified that all requirements set forth in Article (XIV)(D)(16) have been fulfilled, the City Clerk’s Office shall coordinate the receipt of the executed agreement to all parties. The City Clerk shall maintain a copy of the original agreement or equivalent electronic version, along with the successful bid proposal (if applicable).

18. The originating department may not issue a Notice to Proceed until the City Clerk’s Office has verified that the contract is complete.

19. The City Clerk’s Office is responsible for maintaining custody of all official original contracts to which the City is a party.

E. Purpose
Article XIII of the City Procurement Policies & Procedures for Contract Administration is established to ensure the systematic and consistent preparation, content, and processing of City contracts/agreements clearly defining individual departmental roles from the drafting of the contract through approval and execution of the contract and authorizing work to commence. Contracts/agreements shall be prepared to protect the City’s interests. Contract disputes can be expensive to the City, both in terms of legal costs, liabilities, and delays.

The intent of this Article XIII is to itemize the proper contract-processing procedure to ensure that all contract documents are legally defensible and that all necessary securities and protections are in place prior to the commencement of work. 783

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CONTRACT ADMINISTRATION
63 F. References
Public Contracts Code Section 20160 et seq. and 22000 et seq. Contracts are also addressed in a significant number of locations within the Government Code. Either consult with the City Attorney or refer to the portion of the Government Code that pertains to the topic of a specific contract to determine whether particular statutory requirements exist that are applicable to the contract.
784
Attachment 2
Category Current Policy Revised Policy
Micro Purchase None ≤$10,000
Professional Services
Informal Process $25,000 or less $10,000.01 to $60,000
Formal Process $25,000.01 and above $60,000.01 and above Supplies, Material, Equipment
Informal Process $501 to $5,000 $10,000.01 to $60,000
Formal Process $5000.01 and abaove $60,000.01 and above Public ConstructionForce Account/ Negotiated Contract $10,000 to $30,000 $60,000 or less Informal $30,001 to $125,000 $60,000.01 to $200,000
Formal $125,000.01 and above $200,000.01 and above
Award Authority
Division Manager None $10,000 or less
Department Director $10,000 or less $10,000.01 to $25,000 City Manager $10,000.01 to $50,000 $25,000.01 to $60,000 City Council $50,000.01 and above $60,000.01 and above
Procurement Exemptions Limited exemptions and
vague definitions.

Expanded exemptions
and definitions.

Information Technology
Procurement & Other
Procurement Related Activities
No Language Defined procurements
and alternative
contractual arrangements.

Unsolicitated Proposals No Language Language added to
support and facilitate.

Environmentally Preferable
Procurement
No Language Section added and
referenced SB 1383 for
compliance
Revised Policy Comparison
785
Procurement Process & Thresholds
Attachment 3
Professional Services Supplies, Materials & Equipment Public Construction ч$60,000
Force Account,
Negotiated Contract,
>$60,000 to
$200,000
Informal Process
ч$10,000
Micro-Purchase
>$200,000
Formal Process
х$10,000 to
$60,000
Informal Process
>$60,000
Formal Process
$10,000
MicroͲPurchase
х$10,000 to
$60,000
Informal Process
>$60,000
Formal Process
Informal Bids To
Qualified
Contractors List As
Set Forth in PCC
Formal Bid
Procedures As Set
Forth in PCC
Solicited From 3
Qualified Firms
Lowest Responsible Bidder
Award Authority
>$10,000 to $25,000 Department Director
$10,000 Division Manager
>$25,000 to $60,000 City Manager
>$60,000 City Council
Request Proposal
Directly From
Qualified Firm
3 Proposals
Solicited From
Qualified Firms
Reasonable Effort
To Obtain Request
For Proposals From
5 Qualified Firms
Evaluation Criteria Set By City Staff
Formal Bid
Procedures
Request Proposal
Directly From
Qualified Supplier
3 Proposals
Solicited From
Qualified Suppliers
Lowest Responsible Bidder
786
Attachment 4
4861-3475-9263 v2
ORDINANCE NO. 1776

AN ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF SAN CLEMENTE, CALIFORNIA,

AMENDING SAN CLEMENTE MUNICIPAL CODE
SECTIONS 3.40.010, 3.40.040, AND 3.40.050 AND
ADDING SECTION 3.40.080, ALL RELATING TO

PURCHASING PROCEDURES
WHEREAS, pursuant to California Government Code sections 54201 through 54203, local agencies are required to adopt by ordinance, policies and procedures, including regulations, governing the purchase of supplies and equipment by the local agency; and
WHEREAS, the City of San Clemente (“City”) adopted such policies and procedures via Ordinance nos. 1207 and 1297 in 2004, and, WHEREAS, the City Council sees value in expanding procurement process exemptions to the extent permissible by state and federal law to streamline procurement, lower costs and improve timeliness of project completion; and WHEREAS, the City Council has an interest in improving procurement functions by leveraging cooperative agreements to the greatest extent permissible under applicable law, and achieving competitive pricing by economy of scales; and WHEREAS, the California Uniform Public Construction Cost Accounting Act, codified in Public Contract Code (PCC) sections 22000, et seq. (“CUPCCAA”) sets an alternative method for the bidding of public works projects by public entities; and WHEREAS, on March 17, 1993, the City Council adopted Resolution No. 93-31 allowing the City to become subject to the uniform construction cost accounting procedures set forth in CUPCCAA; and
WHEREAS, amendments to CUPCCAA’s bidding requirements and procedures have not been incorporated into the City purchasing ordinance; and WHEREAS, the City Council desires to amend Section 3.40.050 of the San Clemente Municipal Code so that it parallels CUPCCAA; and WHEREAS, on December 21, 2021, the City adopted Ordinance No. 1724, which authorizes the City Manager to award and execute contracts up to $50,000; and 787
Ordinance No. 1776 Page 2
WHEREAS, the City Council of the City of San Clemente has determined that adjustments to the contract award authority will improve the bid award process, will improve procurement productivity and is in the City’s and the public’s best interests; and WHEREAS, the City Council desires to repeal and replace Sections 3.40.040 and

3.40.050 of the Municipal Code to improve procurement efficiency as set forth herein.

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

Section 1: Recitals and Scope
The recitals above are considered true and incorporated into this Ordinance. The scope of this Ordinance is for procurement. This Ordinance is subject to the limitations set and superseded by state and federal law.

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

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

Section 3: Amendment to San Clemente Municipal Code section 3.40.010 Section 3.40.010 of the Municipal Code of the City of San Clemente is hereby amended to read in its entirety as follows (underlines indicate additions and strikeouts indicate deletions):

3.40.010 - Establishment of purchasing system.

In order to establish efficient procedures for the purchase of supplies, equipment and services; to secure for the City supplies, equipment and services at competitive cost commensurate with quality needed and with due consideration to disposability; to exercise positive financial control over purchases; to clearly define authority for the purchasing functions; to assure the quality of purchases; and to recognize the indirect financial benefit that purchases from local businesses provide to the city; to buy without favor or prejudice, a purchasing system is adopted as set forth in 788
Ordinance No. 1776 Page 3
this Chapter and in City policy approved by the City Council by resolution, as amended from time to time, which and shall control the procedure for all purchases except as otherwise provided by law.

Section 4: Amendment to San Clemente Municipal Code section 3.40.040 Section 3.40.040 of the Municipal Code of the City of San Clemente is hereby stricken in its entirety and amended to read in its entirety as follows:

3.40.040 – Exemptions.

Exemptions to bidding requirements shall be established by City policy approved by the City Council by resolution, which shall be consistent with in this Chapter and applicable state and federal law, and may be amended from time to time by resolution of the City Council. The persons and body authorized to determine exemptions shall be those with the authority to award and execute contracts as set forth in section 3.40.080.

Section 5: Amendment to San Clemente Municipal Code section 3.40.050 Section 3.40.050 of the Municipal Code of the City of San Clemente is hereby stricken in its entirety and amended to read in its entirety as follows:

3.40.050 – Public Works Projects.

A. Alternative Bid Procedures for Public Projects under $200,000.

Public projects, as defined by the California Uniform Public Construction Cost Acting Act (CUPCCA) and in accordance with the limits listed in Section 22032 of the Public Contract Code, may be let to contract as set forth in Sections 22032, et seq., of the Public Contract Code. Public projects of sixty thousand dollars ($60,000) or less may be performed by the employees of the City by force account, by negotiated contract, or by purchase order. Public projects of two hundred thousand dollars ($200,000) or less may be let to contract by informal procedures as set forth in CUPCCA.

Amendments or revisions to CUPCCA shall automatically be directly incorporated into this section when enacted by the California Legislature upon the effective date thereof without further action of the City Council.

B. Contractors List. A list of contractors shall be developed and maintained in accordance with the provisions of Section 22034 of the Public Contract Code and the criteria promulgated from time to time by the California Uniform Public Construction Cost Accounting Commission.
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Ordinance No. 1776 Page 4
C. Notice Inviting Informal Bids. Where a public project is to be performed that is subject to the informal bidding procedure under CUPCCA, a notice inviting informal bids shall be mailed or emailed to all contractors for the category or work to be bid, as shown on the list developed in accordance with subsection B of this section, and to all construction trade journals as specified by the CUPCCA Commission in accordance with Section 22036 of the Public Contract Code.

Additional contractors and/or construction trade journals may be notified at the discretion of the City; provided, however:

1. If there is no list of qualified contractors maintained by the City for the particular category or work to be performed, the notice inviting bids shall be sent only to the construction trade journals specified by the CUPCCA Commission; and

2. If the product or service is proprietary in nature such that it can be obtained only from a certain contractor or contractors, the notice inviting informal bids may be sent exclusively to such contractor or contractors.

D. Public Project Generally. Public projects not subject to the alternative bid procedures as set forth in subsection A of this section, or public projects where the Director of Public Works determines that it would be in the City’s best interest to proceed with formal bidding, shall be let to contract through a competitive bid process designed to select the lowest responsive and responsible bidder. The procedures to be followed shall at all times comply with applicable laws.

E. Award of Contracts. The persons and body authorized to award and execute public project contracts shall be as set forth in section

3.40.080.

Section 6: Addition of San Clemente Municipal Code section 3.40.080 Section 3.40.080 is hereby added to the Municipal Code of the City of San Clemente to read in its entirety as follows:

3.40.080 – Authority to Award Contracts.

The following persons and body are authorized to award contracts that were solicited in compliance with this Chapter, the City purchasing policy and state and federal law at the following corresponding amounts and to execute such contracts or delegate the authority to execute such contracts:
790
Ordinance No. 1776 Page 5
Division Manager $0—$10,000.00
Department Heads $10,000.01—$25,000.00
City Manager $25,000.01—$60,000.00
City Council $60,000.01 and over
Section 7: Publication. The City Clerk shall certify to the adoption of this Ordinance by the City Council and cause it, or a summary of it, to be published once within 15 days of adoption in a newspaper of general circulation printed and published within the City of San Clemente, and shall post a certified copy of this ordinance, including the vote for and against the same, the Office of the City Clerk in accordance with California Government Code section 36933.

Section 8: Conflicts with Prior Ordinances. In the event that any City ordinance or regulation, in whole or in part, adopted prior to the effective date of this Ordinance, conflicts with any provision in this Ordinance, the provisions in this Ordinance will control.

Section 9: Records. The documents and materials associated with this Ordinance that constitute the record of proceeding on which the City Council’s findings and determinations are based are located at City Hall, 910 Calle Negocio, San Clemente, CA 92673.

Section 10: Severability. If any provision of this Ordinance or its application to any person or circumstance is held invalid, such invalidity has no effect on the other provisions or applications of the Ordinance that can be given effect without the invalid provision or application, and to this extent, the provisions of this Ordinance are severable.

The City Council declares that it would have adopted this Ordinance irrespective of invalidity of any portion thereof.

Section 8. Effective Date. This Ordinance shall become effective 30 days after adoption.
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Ordinance No. 1776 Page 6
INTRODUCED AND FIRST READ at a regular meeting of the City Council of the City of San Clemente, California, on the 18th day of June, 2024.

APPROVED AND ADOPTED at a regular meeting of the City Council of the City of San Clemente, California, on _____day of _________________, 2024.

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

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, hereby certify that Ordinance No. 1776 having been regularly introduced at the meeting of _______________________, was again introduced, the reading in full thereof unanimously waived, and duly passed and adopted at a regular meeting of the City Council held on the _____day of _____________, _______, and said ordinance was adopted by the following vote:

AYES:

NOES:

ABSENT:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this _____ day of ______________________, ________.
__________________________
CITY CLERK of the City of
San Clemente, California
APPROVED AS TO FORM:
_______________________________
Elizabeth A. Mitchell, CITY ATTORNEY
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Attachment 11
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910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: June 18, 2024 Agenda Item: 10D.

Submitted By: City Manager
Prepared By: Leslea Meyerhoff, Contract Coastal Administrator Subject:
..titl e

CONSIDERATION OF A RESOLUTION FINDING THAT AN EMERGENCY EXISTS DUE TO

SAND EROSION AND IMMEDIATE NEED OF SAND PLACEMENT AT NORTH BEACH, AWARDING A CONSTRUCTION CONTRACT TO ____________ FOR THE NORTH BEACH EMERGENCY SAND PLACEMENT PROJECT, PROJECT NO. 14901, IN AN AMOUNT NOT TO EXCEED $__________, AUTHORIZING THE CITY MANAGER TO EXECUTE THE

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

The estimated total construction cost of the North Beach Emergency Sand Placement Project is $1,500,000. This expenditure will be funded through transfer of funds from existing projects as shown below. The following transfers are recommended to Account No. 001-636-45300-000- 14901 as follows:

Transfer From Project Name Amount ($)
001-636-45300-000-19907 Army Corps Sand Project $750,000 001-636-45300-000-14809 North Beach Concession Building $300,000 001-636-45300-000-14193 North Beach Playground $150,000 001-416-45710-000-22307 Avenida Victoria Sidewalk Widening $300,000 Total: $1,500,000
Summary:

The City is seeking qualified companies who can deliver 30,000 cubic yards of sand from the Santa Ana River to the City’s beaches and spread it out along a 1,500 foot length of beach from North Beach south towards Mariposa Point. To support this emergency project, on June 6, 2024, the City initially contacted and solicited bids from four companies for (1) trucking sand from the Santa Ana River stockpile site managed by OC Public Works in Costa Mesa to North Beach in San Clemente, and (2) spreading the sand on the beach once delivered. Prior to receiving any bids from these four contractors, the invitation to receiving bids was also extended and published on the PlanetBids.

Before the City Council is a resolution (Attachment 1) declaring that an emergency exists due to sand erosion and immediate need of sand placement on North Beach, awarding a construction contract to ____________ in the amount of $__________, and approving a 10% project contingency.
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Meeting Date: June 18, 2024 Agenda Item: 10D.

CITY OF SAN CLEMENTE 2
Background:

In May 2024, the City Council authorized restarting the Sand Compatibility and Opportunistic Use Program (SCOUP) in the City under Resolution No. 24-93. Previously, from 2000-2016, the City had a SCOUP which allowed the placement of up to 300,000 cubic yards per year of sand, on four beaches in the City, with permits valid for a period of five-years. However, as City permits expired, the City is now in the process of re-establishing, and potentially expanding, the SCOUP obtaining environmental clearances and all required permits.

The City will utilize a previously permitted beach sand placement area that is 1,500 feet long, as shown on Attachment 3. Importantly, the southern 530 feet of this beach sand placement area is also located within OCTA’s shoreline Reinforcement Areas 1 and 2 (Attachment 4) and thus the sand placed by the City will also be of direct benefit to the railroad that traverses the entirety of the City. The railroad that runs through the City of San Clemente is a designated U.S.

Department of Defense (DOD) Strategic Defense Rail Corridor.

The City’s original SCOUP sites were North Beach, extending south 1,500 feet, Linda Lane Beach, extending a distance of 1,500 feet, T-Street Beach North, extending from the pier 1,000 feet south and T-Street Beach South, extending a distance of 1,200 feet south.

Development of a new SCOUP for San Clemente commenced in May 2024 as follows:
 Phase 1: Initiated in May 2024. Conduct an opportunities and constraints analysis to define the areas of the City where opportunistically available beach compatible sediment can be placed. Phase 1 is anticipated to be completed by the end of 2024.  Phase 2: Conduct environmental review and compliance tasks under the California Environmental Quality Act (CEQA) and possibly the National Environmental Policy Act (NEPA). Phase 2 would be completed within one year and would be initiated following completion on Phase 1 and direction from the City likely in FY 25/26.  Phase 3: Prepare applications and process regulatory approvals with U.S. Army Corps of Engineers (Regulatory Branch); California Coastal Commission; Regional Water Quality Control Board, California State Lands Commission, and the Southern California Regional Rail Authority. Phase 3 could be initiated and completed concurrently with Phase 2.

Preparation of permit applications and submittal to the applicable agencies would take a few months. Agency processing time is highly variable but typically ranges from nine to 12 months depending on the agency and agency staff workload.  Phase 4: SCOUP project implementation. Due to the current availability of free sand from the County of Orange and California State Parks, City staff is developing two SCOUP projects as follows: 30,000 cubic yards from the Santa Ana River in Summer 2024 and up to 45,000 cubic yards of sand from Huntington State Beach in Fall 2024. Both of these are interim projects that are being advanced through individual permit processes with the Coastal Commission, USACE, Southern California Regional Rail Authority and OC Public Works due to the availability of the beach quality sand being donated to the City by the County and State of California.
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Meeting Date: June 18, 2024 Agenda Item: 10D.

CITY OF SAN CLEMENTE 3
On June 17, 2024, bids were opened and results are presented in the table below. Bids ranged from $_________ to $_________. The lowest responsive and responsible bidder, based on the Base Bid, is _________________ of ____________, California with a total bid amount of $__________. Based on the lowest bid, including the Alternate Bid Item, the total estimated project construction cost is $__________, as summarized below:

Construction Administration and Management $_________
Construction __________
Contingency ___________ Total
Estimated Construction Cost $__________
The above construction cost, as part of the contractor’s contract, includes $150,000 allowance for the required railroad flagging and coordination with the Southern California Regional Rail Authority (SCRRA), and a bid alternate in the amount of $150,000 for potential shoring and protection of the existing Orange County bridge over the Segunda Deshecha Canada Channel (OCFCD Facility No. M02). A structural analysis and permit are required from the Orange County Public Works prior to utilizing the bridge to deliver sand.

As required by the City policy and state law, the Contractor will be required to provide performance and payment bonds simultaneously with execution of the construction contract (Attachment 2). Project plans and specifications are on file in the City Clerk’s office.

Discussion:

The City of San Clemente is experiencing critical erosion hot spots that have developed along the San Clemente shoreline at North Beach due to lack of sand supply and prevailing sediment deficit condition that exists in South Orange County. Due to the potential for further impacts in the absence of natural beach sand replenishment from creeks and stream channels, the City is unable to open the beach facilities in this location as they are currently being undermined by direct wave attack. It's unclear how long these facilities will be able to withstand direct wave attack from lack of sand on the public beach.

According to the City’s Chief of Marine Safety, emergency response to beach incidents is now significantly impacted due at North Beach due to the critical coastal erosion caused by a lack of sand. At present, emergency response vehicles cannot access North Beach at high tide. A secondary route used to exist via the Coastal Trail but that is now temporarily closed due to a landslide which forced removal of bridge sand/segments that provided public coastal access as well as an emergency response path to North Beach at high tide.

The loss of sand at North Beach now prevents emergency vehicles from accessing the North Beach area in case of emergencies. The lack of access poses a serious risk to the safety and well-being of residents and highlights the urgent need for this solution to address this ongoing issue which is sand replenishment as planned by the City.

In the week of May 13, 2024, the cement staircase leading to the North Beach substation was lost due to ongoing sand erosion. This loss is just one example of the impact of the disappearing sand on City beaches. In response to this issue, one of the lifeguard towers at North Beach had to be relocated. Additionally, the beach staircases at Diji Court and El Portal to the south have been 836
Meeting Date: June 18, 2024 Agenda Item: 10D.

CITY OF SAN CLEMENTE 4
deemed unsafe for public use due to the lack of sand. The erosion has also caused some fire rings to be swept away, while others have been removed entirely to prevent them from being washed away. The City used to have two sand volleyball courts at North Beach that have been removed due to sand loss.

Currently, the playground swing sets, concrete picnic tables, and the remaining City lifeguard tower are at risk of being lost as well unless the City can conduct an emergency sand placement operation using sand donated by the County of Orange and California State Parks. It is crucial that the City be able to address this issue in a timely manner to ensure the safety and preservation of City beaches and public recreational amenities enjoyed by residents and visitors.

The City is closely monitoring the situation and continues to inspect the damage and protect existing critical public infrastructures, facilities, and recreational beach amenities at North Beach.

The City has attempted to manually push sand into the area in front of North Beach facilities to protect them from further undermining and wave attack but supplemental sand sources are now needed at North Beach.

Beach erosion has already closed the coastal trail just south of this location and emergency action is needed to protect this public beach area which sits immediately seaward of the OCTA/Metrolink Train Station, train tracks and related public parking lot.

Beach erosion has reached critical mass where an emergency response in the form of affirmative beach sand replenishment is planned by the City. Implementation of this emergency sand placement project will protect critical public infrastructure, existing structures, improve / restore coastal access and recreational opportunities, and provide protection for the railroad infrastructure inland of North Beach.

Based on emergency conditions that exist along the City shoreline where there is no dry sandy beach at high tide, exposing the public beach, existing structures and critical public infrastructure and facilities to direct wave attack, City staff moved with urgency to locate and deliver sand to the City to abate the emergency conditions caused by a lack of sand supply.

On May 2, 2024, the City requested a Coastal Development Permit (CDP) Waiver (CDP 05-24- 0371) scheduled for the June 14, 2024 California Coastal Commission hearing that contemplates the placement of up to 50,000 CY of sand from the County. The placement of this material ahead of the restart of the City’s formal SCOUP program will lessen the sediment deficit and could reduce the amount of sand that may need to be imported later to fulfill the sand needs of the City.

The City is also seeking concurrence under USACE Regional General Permit (RGP) 63 for the emergency placement of sand and is also obtaining approvals from San Diego Regional Rail Authority (Metrolink) for a right of way encroachment permit for the railroad crossing and for work within the railroad right of way and lastly an encroachment permit is needed from OC Public Works to cross the stormwater outlet structure at the north end of North Beach.

SCOUP is an important coastal resiliency tool that facilitates placement of opportunistically available beach quality sediments on the City’s beaches. Having a fully developed SCOUP within the next few years will enable the City to optimize beach placement of opportunistically available 837
Meeting Date: June 18, 2024 Agenda Item: 10D.

CITY OF SAN CLEMENTE 5
and compatible sediments by completing all environmental and permitting tasks up front, at a programmatic level rather than on a project-by-project basis (as is being done now for these emergency projects) saving the City both time and money.

Council Options:
 Adopt Resolution No. 24-93, declaring that an emergency exists due to sand erosion and immediate need of sand placement at North Beach, awarding the North Beach Emergency Sand Placement Project construction contract to ____________, authorizing the City Manager to execute the construction contract in an amount of not to exceed $__________ with a 10% project contingency, approving various fund transfers and finding the project categorically exempt from the California Environmental Quality Act per Guidelines Section 15269.  Modify and adopt Resolution No. 24-93.
 Provide alternative direction.

Environmental Review/Analysis:

The proposed project is an emergency project and is statutorily exempt per State California Environmental Quality Act Guidelines Section 15269.

Recommended Actions:

Staff Recommendation
Staff recommends that the City Council adopt Resolution No. 24-93, which would:

1. Declare that an emergency exists due to sand erosion and immediate need of sand placement at North Beach;

2. Find the project categorically exempt from the California Environmental Quality Act under state CEQA Guidelines Section 15269;

3. Approve transfer of funds to the project Account No. 001-636-45300-000-14901 from the following accounts:

4. Award the North Beach Emergency Sand Placement, Project No. 14901, contract to __________________;

5. Authorize the City Manager to execute a construction contract with ____________ in an amount of not to exceed $____________, in a form substantially similar to attached 838
Meeting Date: June 18, 2024 Agenda Item: 10D.

CITY OF SAN CLEMENTE 6
construction contract (Attachment 2) for the North Beach Emergency Sand Placement, Project No. 14901; and

6. Approve a 10% construction contingency of $________ for this project. ..recommendation
..end
Attachments:

1. Resolution No. 24-93

2. Draft Construction Contract

3. Site Plan showing limits of sand placement

4. OCTA’s shoreline Reinforcement Areas 1 and 2
Notification:

All bidders.
839
ATTACHMENT 1
4882-9904-3949 v1
RESOLUTION NO. 24-93

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF SAN CLEMENTE, CALIFORNIA, FINDING THAT AN

EMERGENCY EXISTS DUE TO SAND EROSION,

AWARDING A CONSTRUCTION CONTRACT TO
______ FOR THE NORTH BEACH EMERGENCY SAND
PLACEMENT PROJECT, PROJECT NO. 14901,

AUTHORIZING THE CITY MANAGER TO EXECUTE

THE AGREEMENT IN AN AMOUNT NOT TO EXCEED
$_____, APPROVING FUND TRANSFERS, AND

FINDING THE PROJECT CATEGORICALLY EXEMPT

FROM THE CALIFORNIA ENVIRONMENTAL QUALITY

ACT UNDER STATE CEQA GUIDELINES SECTION
15269
WHEREAS, the City is currently experiencing critical erosion hot spots along the shoreline at North Beach due to lack of sand supply and deficient prevailing sedimentation; and
WHEREAS, due to the potential for further impacts in the absence of natural beach sand replenishment from creeks and stream channels, the City is unable to open the beach facilities at this location as they are currently being undermined by direct wave impacts; and
WHEREAS, the City is actively developing a comprehensive, citywide coastal resiliency strategy using beach sand replenishment and sand retention as the primary means of restoring the sandy beach in the City; and WHEREAS, in February 2024, the City Council directed staff to take all steps necessary to re-establish a Sand Compatibility and Opportunistic Use Program (SCOUP) in the City and a contractor was retained by the City in May 2024 to assist with formally re-establishing SCOUP; and
WHEREAS, the emergency response to beach incidents are now significantly impacted at North Beach due to the coastal erosion. At present, emergency response vehicles cannot access North Beach at high tide while the secondary path via the Coastal Trail is temporary closed due to a recent landslide that resulted in the removal of bridge segments, which constitutes a public health and safety concern; and
WHEREAS, SCOUP is consistent with federal, statewide, regional, and local shoreline management goals that recognize the importance of public beach restoration along the South Orange County shoreline as the preferred method of addressing the critical coastal erosion problems caused by an overall lack of 840
Resolution No. 24-93 Page 2
4882-9904-3949 v1
sediment supply; and
WHEREAS, in the absence of a SCOUP program, continued erosion and loss of the sandy beach is expected to occur; and
WHEREAS, due to these emergency conditions in San Clemente, staff is planning to implement an emergency SCOUP project at North Beach in the amount of 30,000 cubic yards of sand made available by the County of Orange for beach placement in the City beginning in July 2024; and
WHEREAS, sand is currently available from the Santa Ana River which has been cleaned, sorted, stockpiled and prepared for spreading along the North Beach coastline; and
WHEREAS, City staff issued an Invitation to Bid to both local and nonlocal contractors and published the notice on Planetbids for sand delivery and placement services to obtain cost effective and competitive bids from qualified, experienced firms to deliver and spread the sand from the Santa Ana River at North Beach; and
WHEREAS, _______ submitted the lowest cost, responsive and responsible bid for delivery and spreading of the opportunistically available Santa Ana River sand on North Beach; and
WHEREAS, entry into an agreement to implement an emergency SCOUP project in the City as soon as possible is in the bests interests of the City and the public.

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

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

SECTION 2. That an emergency exists due to sand erosion and an immediate need for sand placement at North Beach.

SECTION 3. That based on a review of the record as a whole, the project is hereby determined to be statutorily exempt from the California Environmental Quality Act (CEQA) under Emergency Projects (i.e., Emergency Projects - 18 CCR §15269), Section 15269 of the State CEQA Guidelines; and SECTION 4. That available funds shall be allocated to support project implementation from account number 001-636-45300-000-14901 with transfers from the accounts shown below.
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Resolution No. 24-93 Page 3
4882-9904-3949 v1
Transfer From Project Name Amount ($)
001-636-45300-000-19907 Army Corps Sand Project $750,000 001-636-45300-000-14809 North Beach Concession
Building
$300,000
001-636-45300-000-14193 North Beach Playground $150,000 001-416-45710-000-22307 Avenida Victoria Sidewalk
Widening
$300,000
Total: $1,500,000
SECTION 5. That the City Manager is hereby authorized and directed to execute a construction contract for the North Beach Emergency Sand Placement Project, CIP Project No. 14901, with ________ in an amount not to exceed $_________.

SECTION 6. That a 10% construction contingency of $______ for this project is hereby approved.

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

SECTION 8. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

PASSED AND ADOPTED this _____ day of ____________________, 2024.

ATTEST:
___________________________ __________________________
City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California
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Resolution No. 24-93 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. 24-93 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

CONSTRUCTION CONTRACT

NORTH BEACH EMERGENCY SAND PLACEMENT PROJECT

1. PARTIES AND DATE.

This Contract is made and entered into this _____ day of ________, 2024 by and between the City of San Clemente, a public agency of the State of California (“City”) and ______________________, a _____________ with its principal place of business at ____________ (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Contract.

2. RECITALS.

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

2.2 Contractor. Contractor desires to perform and assume responsibility for the provision of certain construction services required by the City on the terms and conditions set forth in this Contract. Contractor represents that it is duly licensed and experienced in providing material hauling and grading related construction services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the services in the State of California, and that it is familiar with the plans of City. The following license classifications are required for this Project: California Contractor License “A”

2.3 Project. City desires to engage Contractor to render such services for the North Beach Emergency Sand Placement Project (“Project”) as set forth in this Contract.

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

3. TERMS

3.1 Incorporation of Documents. This Contract includes and hereby incorporates in full by reference the following documents, including all exhibits, drawings, specifications and documents therein, and attachments and addenda thereto:
 Services/Schedule (Exhibit “A”)
 Plans and Specifications (Exhibit “B”)
 Special Conditions (Exhibit “C”)
 Contractor’s Certificate Regarding Workers’ Compensation (Exhibit “D”)  Public Works Contractor Registration Certification (Exhibit “E”)  Payment and Performance Bonds (Exhibit “F”)
 Federal Requirements (Exhibit “G”)
 Insurance Requirements (Exhibit “H)
 Addenda
 Change Orders executed by the City
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2  2024 Edition of the Standard Specifications for Public Works Construction (The Greenbook), Excluding Sections 1-8
 Notice Inviting Bids, if any
 Instructions to Bidders, if any
 Contractor’s Bid

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

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

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

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

The City has the complete and sole discretion to determine if a material, process or article is an “or equal” material, process or article that may be substituted. Data required to substantiate requests for substitutions of an “or equal” material, process or article data shall 845
55452.01510\32977834.2
3 include a signed affidavit from Contractor stating that, and describing how, the substituted “or equal” material, process or article is equivalent to that specified in every way except as listed on the affidavit. Substantiating data shall include any and all illustrations, specifications, and other relevant data including catalog information which describes the requested substituted “or equal” material, process or article, and substantiates that it is an “or equal” to the material, process or article. The substantiating data must also include information regarding the durability and lifecycle cost of the requested substituted “or equal” material, process or article. Failure to submit all the required substantiating data, including the signed affidavit, to the City in a timely fashion will result in the rejection of the proposed substitution.

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

3.3 Period of Performance.

3.3.1 Contract Time. Contractor shall perform and complete all Work under this Contract within ninety (90) working days, beginning the effective date of the Notice to Proceed (“Contract Time”). Contractor shall perform its Work in strict accordance with any completion schedule, construction schedule or project milestones developed by the City. Such schedules or milestones may be included as part of Exhibits “A” or “B” attached hereto, or may be provided separately in writing to Contractor. Contractor agrees that if such Work is not completed within the aforementioned Contract Time and/or pursuant to any such completion schedule, construction schedule or project milestones developed pursuant to provisions of the Contract, it is understood, acknowledged and agreed that the City will suffer damage.

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

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

3.4 Standard of Performance; Performance of Employees. Contractor shall perform all Work under this Contract in a skillful and workmanlike manner, and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Work. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Work assigned to them. Finally, Contractor 846
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4 represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Work, including any required business license, and that such licenses and approvals shall be maintained throughout the term of this Contract. As provided for in the indemnification provisions of this Contract, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any work necessary to correct errors or omissions which are caused by Contractor’s failure to comply with the standard of care provided for herein. Any employee who is determined by the City to be uncooperative, incompetent, a threat to the safety of persons or the Work, or any employee who fails or refuses to perform the Work in a manner acceptable to the City, shall be promptly removed from the Project by Contractor and shall not be re-employed on the Work.

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

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

3.7 Compensation and Payment.

3.7.1 Amount of Compensation. As consideration for performance of the Work required herein, City agrees to pay Contractor the Total Contract Price of _________________ Dollars ($_________.00) (“Total Contract Price”) provided that such amount shall be subject to adjustment pursuant to the applicable terms of this Contract or written change orders approved and signed in advance by the City.

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

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

3.7.3 Prompt Payment. City shall review and pay all progress payment requests in accordance with the provisions set forth in Section 20104.50 of the California Public Contract 847
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5 Code. However, no progress payments will be made for Work not completed in accordance with this Contract. Contractor shall comply with all applicable laws, rules and regulations relating to the proper payment of its employees, subcontractors, suppliers or others.

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

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

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

3.7.7 Title to Work. As security for partial, progress, or other payments, title to Work for which such payments are made shall pass to the City at the time of payment. To the extent that title has not previously been vested in the City by reason of payments, full title shall pass to the City at delivery of the Work at the destination and time specified in this Contract. Such transferred title shall in each case be good, free and clear from any and all security interests, liens, or other encumbrances. Contractor promises and agrees that it will not pledge, hypothecate, or otherwise encumber the items in any manner that would result in any lien, security interest, charge, or claim upon or against said items. Such transfer of title shall not imply acceptance by the City, nor relieve Contractor from the responsibility to strictly comply with the Contract, and shall not relieve Contractor of responsibility for any loss of or damage to items. 848
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6 3.7.8 Labor and Material Releases. Contractor shall furnish City with labor and material releases from all subcontractors performing work on, or furnishing materials for, the Work governed by this Contract prior to final payment by City.

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

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

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

3.7.12 Payroll Records. Contractor and each subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. The payroll records shall be certified and shall be available for inspection at all reasonable hours at the principal office of Contractor in the manner provided in Labor Code section 1776. In the event of noncompliance with the requirements of this section, Contractor shall have 10 days in which to comply subsequent to receipt of written notice specifying in what respects such Contractor must comply with this section. Should noncompliance still be evident after such 10-day period, Contractor shall, as a penalty to City, forfeit not more than $100.00 for each calendar day or portion thereof, for each worker, until strict compliance is effectuated. The amount of the forfeiture is to be determined by the Labor Commissioner. A contractor who is found to have violated the provisions of law regarding wages on Public Works with the intent to defraud shall be ineligible to bid on Public Works contracts for a period of one to three years as 849
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7 determined by the Labor Commissioner. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payments then due. The responsibility for compliance with this section is on Contractor.

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

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

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

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

3.8 Performance of Work; Jobsite Obligations.

3.8.1 Water Quality Management and Compliance.

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

3.8.1.2 Compliance with the Statewide Construction General Permit. Contractor shall comply with all conditions of the most recent iteration of the National Pollutant Discharge Elimination System General Permit for Storm Water Discharges Associated with Construction Activity, issued by the California State Water Resources Control Board (“Permit”). It shall be Contractor’s sole responsibility to file a Notice of Intent and procure coverage under the Permit for all construction activity which results in the disturbance of more than one 850
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8 acre of total land area or which is part of a larger common area of development or sale. Prior to initiating work, Contractor shall be solely responsible for preparing and implementing a Storm Water Pollution Prevention Plan (SWPPP) as required by the Permit. Contractor shall be responsible for procuring, implementing and complying with the provisions of the Permit and the SWPPP, including the standard provisions, and monitoring and reporting requirements as required by the Permit. The Permit requires the SWPPP to be a “living document” that changes as necessary to meet the conditions and requirements of the job site as it progresses through difference phases of construction and is subject to different weather conditions. It shall be Contractor’s sole responsibility to update the SWPPP as necessary to address conditions at the project site.

3.8.1.3 Other Water Quality Rules Regulations and Policies.

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

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

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

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

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

3.8.2 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. Contractor shall comply with the requirements of the specifications relating to safety measures applicable in particular operations or kinds of work. In carrying out its Work, Contractor shall at all times be in compliance with all applicable local, state 851
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9 and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the Work and the conditions under which the Work is to be performed. Safety precautions as applicable shall include, but shall not be limited to, adequate life protection and lifesaving equipment; adequate illumination for underground and night operations; instructions in accident prevention for all employees, such as machinery guards, safe walkways, scaffolds, ladders, bridges, gang planks, confined space procedures, trenching and shoring, fall protection and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and adequate facilities for the proper inspection and maintenance of all safety measures. Furthermore, Contractor shall prominently display the names and telephone numbers of at least two medical doctors practicing in the vicinity of the Project, as well as the telephone number of the local ambulance service, adjacent to all telephones at the Project site.

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

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

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

3.8.6 Hazardous Materials and Differing Conditions. As required by California Public Contract Code Section 7104, if this Contract involves digging trenches or other excavations that extend deeper than four (4) feet below the surface, Contractor shall promptly, and prior to disturbance of any conditions, notify City of: (1) any material discovered in excavation that Contractor believes to be a hazardous waste that is required to be removed to a Class I, Class II 852
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10 or Class III disposal site; (2) subsurface or latent physical conditions at the site differing from those indicated by City; and (3) unknown physical conditions of an unusual nature at the site, significantly different from those ordinarily encountered in such contract work. Upon notification, City shall promptly investigate the conditions to determine whether a change order is appropriate.

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

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

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

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

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

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

3.10 Claims; Government Code Claim Compliance.

3.10.1 Intent. Effective January 1, 1991, Section 20104 et seq., of the California Public Contract Code prescribes a process utilizing informal conferences, non-binding judicial supervised mediation, and judicial arbitration to resolve disputes on construction claims of $375,000 or less. Effective January 1, 2017, Section 9204 of the Public Contract Code prescribes a process for negotiation and mediation to resolve disputes on construction claims. The intent of this Section is to implement Sections 20104 et seq. and Section 9204 of the California Public Contract Code. This Section shall be construed to be consistent with said statutes. 853
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11 3.10.2 Claims. For purposes of this Section, “Claim” means a separate demand by the Contractor, after a change order duly requested in accordance with the terms of this Contract has been denied by the City, for (A) a time extension, (B) payment of money or damages arising from Work done by or on behalf of the Contractor pursuant to the Contract, or (C) an amount the payment of which is disputed by the City. A “Claim” does not include any demand for payment for which the Contractor has failed to provide notice, request a change order, or otherwise failed to follow any procedures contained in the Contract Documents. Claims governed by this Section may not be filed unless and until the Contractor completes all procedures for giving notice of delay or change and for the requesting of a time extension or change order, including but not necessarily limited to the change order procedures contained herein, and Contractor’s request for a change has been denied in whole or in part. Claims governed by this Section must be filed no later than fourteen (14) days after a request for change has been denied in whole or in part or after any other event giving rise to the Claim. The Claim shall be submitted in writing to the City and shall include on its first page the following in 16 point capital font: “THIS IS A CLAIM.” Furthermore, the claim shall include the documents necessary to substantiate the claim. Nothing in this Section is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims, including all requirements pertaining to compensation or payment for extra Work, disputed Work, and/or changed conditions. Failure to follow such contractual requirements shall bar any claims or subsequent lawsuits for compensation or payment thereon.

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

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

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

3.10.3.3 Chronology of events and correspondence

3.10.3.4 Analysis of claim merit

3.10.3.5 Analysis of claim cost

3.10.3.6 Time impact analysis in CPM format

3.10.3.7 If Contractor’s claim is based in whole or in part on an allegation of errors or omissions in the Drawings or Specifications for the Project, Contractor shall provide a summary of the percentage of the claim subject to design errors or omissions and shall obtain a certificate of merit in support of the claim of design errors and omissions. 854
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12 3.10.3.8 Cover letter and certification of validity of the claim, including any claims from subcontractors of any tier, in accordance with Government Code section 12650 et seq.

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

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

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

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

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

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

3.10.6.1 If the Parties cannot agree upon a mediator, each Party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each Party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. 855
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13 3.10.6.2 For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the Parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.

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

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

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

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

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

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

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

3.10.9 Government Code Claims. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such 856
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14 Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City. A Government Code claim must be filed no earlier than the date the work is completed or the date the Contractor last performs work on the Project, whichever occurs first. A Government Code claim shall be inclusive of all unresolved claims unless a new unrelated claim arises after the Government Code claim is submitted.

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

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

3.12 Indemnification.

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

3.12.2 Additional Indemnity Obligations. In addition, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its officials, employees, agents and authorized volunteers as part of any such claim, suit, action or other proceeding. Contractor shall also reimburse City for the cost of any settlement paid by City or its officials, employees, agents and authorized volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City's attorney's fees and costs, including expert witness fees. Contractor shall reimburse City and its officials, employees, agents and authorized volunteers, for any and all legal expenses and costs incurred by each of them in 857
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15 connection therewith or in enforcing the indemnity herein provided. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its officials, employees, agents and authorized volunteers.

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

3.14 Bond Requirements.

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

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

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

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

3.15 Warranty. Contractor warrants all Work under the Contract (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the Work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Contract or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the Work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the Work or non-conformance of the Work to the Contract, 858
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16 commence and prosecute with due diligence all Work necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the Work (or work of other contractors) damaged by its defective Work or which becomes damaged in the course of repairing or replacing defective Work. For any Work so corrected, Contractor’s obligation hereunder to correct defective Work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected Work.

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

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

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

3.16 Employee/Labor Certifications.

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

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

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

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

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

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

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

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

3.17.6 Notices. All notices hereunder and communications regarding interpretation of the terms of the Contract or changes thereto shall be provided by the mailing 860
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18 thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows:

CONTRACTOR:
[***INSERT CONTRACTOR NAME AND ADDRESS***]
Attn: [***INSERT CONTRACTOR REP. NAME AND TITLE***]
CITY:

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

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

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

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

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

3.17.11 Counterparts/Electronic Signature. This Contract may be executed in counterparts, each of which shall constitute an original. This Contract may be executed electronically with the same force and effect as an original ink signature. Bonds, if required, must be signed with original ink signatures and accompanied by notary acknowledgments.

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

3.17.13 [Reserved]

3.17.14 Solicitation. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Contract. Further, Contractor warrants that it has not paid 861
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19 nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, City shall have the right to terminate this Contract without liability.

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

3.17.16 Certification of License.

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

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

Box 26000, Sacramento, California 95826.

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

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

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

3.17.20 City’s Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project or other projects.

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

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

__________________________
(“CONTRACTOR”)

By:_____________________________
(Name, Title)
Dated: __________________, 20____

By:_____________________________
(Name, Title)
Dated: __________________, 20____
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21 EXHIBIT “A”

SERVICES / SCHEDULE
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EXHIBIT “B”

PLANS AND SPECIFICATIONS
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EXHIBIT “C”

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

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

WORKERS COMPENSATION INSURANCE CERTIFICATION

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

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

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

WARNING: FAILURE TO SECURE WORKERS’ COMPENSATION COVERAGE IS

UNLAWFUL, AND SHALL SUBJECT AN EMPLOYER TO CRIMINAL PENALTIES AND CIVIL FINES UP TO ONE HUNDRED THOUSAND DOLLARS ($100,000), IN

ADDITION TO THE COST OF COMPENSATION, DAMAGES AS PROVIDED FOR IN SECTION 3706 OF THE LABOR CODE, INTEREST, AND ATTORNEY’S FEES. 867
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Dated: ________________________, 20____
________________________________
Consultant
By: ________________________________
________________________________
Title
________________________________
Address
________________________________
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EXHIBIT “E”

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

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

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

DIR Registration Number:

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

Name of Contractor
Signature
Name and Title
Dated

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

PAYMENT AND PERFORMANCE BONDS
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PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:

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

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

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

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

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

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

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

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

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

IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__).
(Corporate Seal)
Contractor/ Principal
By
Title
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(Corporate Seal) Surety
By
Attorney-in-Fact
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached.
(Attach Attorney-in-Fact Certificate) Title
The rate of premium on this bond is ____________ per thousand. The total amount of premium charges, $_______________________________.
(The above must be filled in by corporate attorney.)

THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety) ___________________________________________ ___________________________________________
___________________________________________
(Name and Address of Agent or ___________________________________________ Representative for service of
process in California, if different ___________________________________________ from above)
___________________________________________
(Telephone number of Surety and ___________________________________________ Agent or Representative for service
of process in California)
NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.
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Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

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

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

WITNESS my hand and official seal.

Signature of Notary Public

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

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

Signer is representing:

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

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

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

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

It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or 875
55452.01510\32977834.2
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subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned and the provisions of sections 2819 and 2845 of the California Civil Code.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__.
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal) Surety
By
Attorney-in-Fact
Title
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached. A Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.

NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.
876
55452.01510\32977834.2
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Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

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

WITNESS my hand and official seal.

Signature of Notary Public

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
877
55452.01510\32977834.2
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EXHIBIT “G”

FEDERAL REQUIREMENTS

NOT APPLICABLE
EXHIBIT “H”
878
55452.01510\32977834.2
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INSURANCE REQUIREMENTS

3.13 Insurance.

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

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

The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; or (3) contain any other exclusion contrary to the Contract.
(B) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering "Any Auto" (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all activities shall be in an amount of not less than $1,000,000 combined limit for each occurrence. (C) Workers' Compensation: Workers' Compensation Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease.
(D) Builder's Risk Insurance [“All Risk”]: N
(E) Contractors Pollution Liability: Contractors Pollution Liability Insurance covering all of the Contractor's operations to include onsite and offsite coverage for bodily injury (including death and mental anguish), property damage, defense costs and cleanup costs with limits not less than $2,000,000 per loss and $4,000,000 total all losses. The policy shall contain no endorsements or provisions limiting contractual liability or coverage for cross liability of claims or suits by one insured against another. If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Contract and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least three (3) years from termination or expiration of this Contract.

3.13.3 Endorsements. Required insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
879
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(A) Commercial General Liability:
(1) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Contract.

Additional Insured Endorsements shall not (1) be restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Contractor; or (4) contain any other exclusions contrary to the terms of purposes of this Contract.

For all policies of Commercial General Liability insurance, Contractor shall provide endorsements in the form of ISO CG 20 10 10 01 and 20 37 10 01 (or endorsements providing the exact same coverage) to effectuate this requirement.
(2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (B) Automobile Liability:
(1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (C) Workers' Compensation:
(1) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the City, its officials, officers, employees, agents and volunteers.
(2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.

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

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

3.13.6 Deductibles and Self-Insured Retentions. Any deductible or self-insured retention in excess of $5,000 must be approved in writing by the City and shall protect the City, its officials, officers, employees, agents and volunteers in the same manner and to the same extent as they 880
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would have been protected had the policy or policies not contained a deductible or self-insured retention.

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

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

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

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

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

3.13.12 Insurance for Subcontractors. Contractor shall include all Subcontractors as additional insureds under the Contractor's policies, or the Contractor shall be responsible for causing Subcontractors to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City, its officials, officers, employees, agents and volunteers as additional insureds to the Subcontractor's policies. All policies of Commercial General Liability insurance provided by Subcontractors shall be endorsed to name the City, its officials, officers, employees, agents and volunteers as additional insureds using endorsement form ISO CG 20 38 04 13. Contractor shall not allow any Subcontractor to commence work until it has received satisfactory evidence of Subcontractor’s compliance with all insurance requirements under this Contract, to the extent applicable. The Contractor shall provide satisfactory evidence of compliance with this section upon request of the City. 881
-10.0
-5.0

0.0 5.0

10.0 15.0

20.0 25.0

0.0 50.0 100.0 150.0 200.0 250.0 300.0 350.0 400.0 450.0 500.0 Elevation (ft, MLLW)
Range (ft)
MHW
Nourishment
Footprint
Site Plan and Representative Cross-Section
Nourishment Template
Berm Width = 70 ft (±)
Berm Elevation = +18 ft at back beach
Offshore Slope = 3:1 (H:V)
Notes:

1. Maximum annual nourishment volume = 50,000 cy.

2. Beach nourishment material to be placed above Mean High Water (MHW; +4.6 ft rel. MLLW @ La Jolla, CA).

3. Project footprint based on LiDAR data obtained by United States Geological Survey (USGS; 2016).

4. Representative cross-section developed using beach profile data obtained in October 2023.

MHW Contour
Nourishment
Template
Seabed Profile
October 2023
Representative Cross Section, Transect SC-1700
Attachment 3
882
Attachment 4
883
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: June 18, 2024 Agenda Item: 10E.

Submitted By: City Clerk
Prepared By: Laura Campagnolo, City Clerk
Subject:
..titl e
CONSIDERATION OF JULY 2024 AND DECEMBER 2024 CITY COUNCIL MEETING SCHEDULE ..body MODIFICATIONS
Fiscal Impact:

None.

Summary:

The General Municipal Election will be held on November 5, 2024, and the Registrar of Voters has until December 3, 2024 (30 days after the election) to certify the results of the election.

December 3, 2024 is the same day as the regular City Council meeting.

The City has two Council seats open – one seat in District 3 and one seat in District 4. The newly elected Councilmembers will be sworn in at the first meeting after the election is certified.

The City Council may wish to consolidate meetings in December and hold one meeting on Tuesday, December 10, 2024, to ensure that the election results are certified and new Councilmembers can be sworn in, and a new Mayor and Mayor Pro Tem can be selected.

If the City Council chooses to consolidate the two December meetings, we would cancel the December 3rd and December 17th meetings and hold one meeting on December 10, 2024 with Closed Session beginning at 5:00 p.m. and the Regular Business meeting beginning at 6:00 p.m.

Additionally, staff is seeking authorization to move the July Regular City Council meeting from Tuesday, July 16, 2024 to Wednesday, July 17, 2024.

Council Options:
 Take no action.
 Determine to cancel the December 3, 2024 and December 17, 2024 City Council meeting and hold one meeting on December 10, 2024.
 Change the Regular City Council Meeting of July 16, 2024 to July 17, 2024.

Environmental Review/Analysis:

This is not a “project” under CEQA.
884
Meeting Date: June 18, 2024 Agenda Item: 10E.

CITY OF SAN CLEMENTE 2
Recommended Actions:

Staff Recommendation ..recommendation

1. Determine whether or not to cancel the December 3, 2024 and December 17, 2024 Regular City Council meetings and hold one meeting on December 10, 2024.

2. Change the Regular City Council Meeting of July 16, 2024 to July 17, 2024. ..end
Attachment:

1. 2024 Meeting Calendar
Notification:

None.
885
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g A
genda Calendar
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886
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: June 18, 2024 Agenda Item: (1)
887

CITY OF SAN CLEMENTE
Tuesday, June 4, 2024
City Council
Regular and Special 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 (Special 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 and Special Meeting of the San Clemente City Council was called to order by Mayor Cabral on June 4, 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
B1 - Conference with Real Property Negotiators concerning the property at 100 Avenida Presidio
Amanda Q commented on the geotechnical conditions at 100 Avenida Presidio as it relates to liability for the City.

Motion by Councilmember Knoblock, second by Mayor Pro Tem Enmeier, CARRIED 5-0, to recess to Closed Session at 5:04 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

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

Page 1 of 13 ends

San Clemente City CouncilJune 18, 2024

San Clemente City Council
June 18, 2024