Agenda packet — San Clemente City Council, July 17, 2024 (part 1 of 2)

910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Council Chambers
Mayor Cabral
Mayor Pro Tem Enmeier
Councilmember Duncan
Councilmember Knoblock
Councilmember Loeffler
5:30 p.m. - Closed Session (Special Meeting)
6:00 p.m. - Business Meeting (Adjourned
Regular Meeting)

CITY OF SAN CLEMENTE
Wednesday, July 17, 2024
City Council
Special and Adjourned Regular
Meeting Agenda
Information concerning City Council Meeting protocols and procedures is contained at the end of this agenda.

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

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

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

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

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

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1 City Council Special and Adjourned Regular Meeting
Agenda
July 17, 2024

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

CLOSED SESSION (5:30 P.M. SPECIAL MEETING)
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: Brian Dick, et al. v. City of San Clemente, et al. Orange County Superior Court Case No.: 30-2024-01406991-CU-WM-CXC
BUSINESS MEETING (6:00 P.M. ADJOURNED REGULAR MEETING)

CALL TO ORDER
INVOCATION – Assistant Pastor Matt Levchak, Calvary Chapel, San Clemente

PLEDGE OF ALLEGIANCE

ROLL CALL

1. Special Presentations
None.

2. Council Member Reports

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

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2 City Council Special and Adjourned Regular Meeting
Agenda
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4. Motion waiving reading in full of all Resolutions and Ordinances

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

6. Closed Session Report - City Attorney

7. Staff Communications

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

9. Unfinished Business

10. New Business
10A. CONSIDERATION OF A RESOLUTION, CALLING AN ELECTION IN THE CITY OF SAN CLEMENTE TO BE CONSOLIDATED WITH THE CITY’S NEXT GENERAL MUNICIPAL ELECTION ON NOVEMBER 5, 2024, SUBMITTING TO THE ELECTORS A BALLOT MEASURE TO INCREASE THE CITY’S SALES AND USE TAX (“SALES TAX”) BY ONE CENT BY AMENDING SECTION 3.20.050 (RATE) OF CHAPTER 3.20 (SALES AND USE TAX) OF TITLE 3 OF SAN CLEMENTE MUNICIPAL CODE, ESTABLISHING THE

POLICIES AND PROCEDURES FOR SUCH AN ELECTION, REQUESTING

THAT ORANGE COUNTY PROVIDE ELECTION SERVICES, DIRECTING THE

CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS AND
AUTHORIZING THE FILING OF REBUTTAL ARGUMENT; AND

CONSIDERATION OF A RESOLUTION ADOPTING ADVISORY SPENDING

GUIDELINES FOR THE MEASURE ACCORDING TO RESIDENT IDENTIFIED

PRIORITIES
Staff Recommendation

1. Adopt Resolution No. 24-111 entitled A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF SAN CLEMENTE ADOPTING SPENDING

PRIORITIES FOR THE SAN CLEMENTE PUBLIC SAFETY, BEACH
MAINTENANCE AND CITY SERVICES MEASURE.

2. Adopt Resolution No. 24-112 entitled A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF SAN CLEMENTE, CALLING AN ELECTION IN

THE CITY OF SAN CLEMENTE TO BE CONSOLIDATED WITH THE
CITY’S NEXT GENERAL MUNICIPAL ELECTION ON NOVEMBER 5, 2024,

SUBMITTING TO THE ELECTORS A BALLOT MEASURE TO INCREASE THE CITY’S SALES AND USE TAX (“SALES TAX”) BY ONE CENT BY AMENDING SAN CLEMENTE MUNICIPAL CODE SECTION 3.20.050,

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ESTABLISHING THE POLICIES AND PROCEDURES FOR SUCH AN

ELECTION, REQUESTING THAT ORANGE COUNTY PROVIDE

ELECTION SERVICES, DIRECTING THE CITY ATTORNEY TO PREPARE

AN IMPARTIAL ANALYSIS AND AUTHORIZING THE FILING OF
REBUTTAL ARGUMENT.
10B. CALLING THE GENERAL MUNICIPAL ELECTION OF NOVEMBER 5, 2024 Staff Recommendation

1. Resolution Calling the Election (Attachment 1)
Adopt Resolution No. 24-108 entitled A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, CALLING

FOR THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2024 FOR THE ELECTION OF CERTAIN

OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES.

2. Resolution Requesting Election Consolidation (Attachment 2) Adopt Resolution No. 24-109 entitled A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA,

REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF

ORANGE TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 5, 2024, WITH THE STATEWIDE GENERAL
ELECTION TO BE HELD ON THAT DATE PURSUANT TO SECTION 10403 OF THE CALIFORNIA ELECTIONS CODE.

AND

3. Determine whether to adopt the following optional resolution:

Resolution Providing for a Special Runoff Election in the Event of a Tie Vote (Attachment 3)
Resolution No. 24-110 entitled A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF SAN CLEMENTE, CALIFORNIA, PROVIDING FOR THE

CONDUCT OF A SPECIAL RUNOFF ELECTION FOR ELECTIVE OFFICES IN THE EVENT OF A TIE VOTE AT ANY MUNICIPAL ELECTION.

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

A. City Council Minutes
Staff Recommendation:
(1) APPROVE THE ADJOURNED REGULAR CITY COUNCIL MEETING
MINUTES OF JUNE 18, 2024.

B. Commission/Committee Minutes
Staff Recommendation:

Receive and file the following:
(1) BEACHES, PARKS & RECREATION COMMISSION REGULAR
MEETING MINUTES OF APRIL 9, 2024.
(2) DESIGN REVIEW SUBCOMMITTEE REGULAR MEETING MINUTES
OF APRIL 24, 2024.
(3) PLANNING COMMISSION REGULAR MEETING MINUTES OF MAY 22, 2024.
(4) PLANNING COMMISSION REGULAR STUDY SESSION MINUTES OF MAY 22, 2024.
(5) PUBLIC SAFETY COMMITTEE REGULAR MEETING MINUTES OF
MAY 28, 2024.
(6) DESIGN REVIEW SUBCOMMITTEE REGULAR MEETING MINUTES
OF MAY 29, 2024.
(7) ZONING ADMINISTRATOR REGULAR MEETING MINUTES OF JUNE 6, 2024.
(8) ZONING ADMINISTRATOR REGULAR MEETING MINUTES OF JUNE 20, 2024.

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C. Warrant Register
(1) APPROVE WIRE TRANSFER NOS.
3060 THROUGH 3061 AND WARRANT NOS.
597072 THROUGH 597188, PAID ON
6-7-24, IN THE AMOUNT OF $5,102,693.31
(2) APPROVE WIRE TRANSFER NOS.
3062 THROUGH 3067 AND WARRANT NOS.
597189 THROUGH 597385, PAID ON
6-14-24, IN THE AMOUNT OF $890,524.22
(3) APPROVE WARRANT NOS.
597386 THROUGH 597544, PAID ON
6-21-24, IN THE AMOUNT OF $990,772.71
TOTAL WARRANT REGISTER $6,983,990.24
Payroll Register
WARRANT NO. 937, AUTOMATIC
DEPOSIT ADVISES 94735 THROUGH
95116, FOR THE PERIOD 5-27-24
THROUGH 6-9-24, PAID ON 6-14-24,
IN THE AMOUNT OF $576,675.92
TOTAL PAYROLL REGISTER $576,675.92
11D. ADOPT ORDINANCE NO. 1776 (SECOND READING) - PURCHASING

PROCEDURES
Staff Recommendation
Adopt Ordinance No. 1776 entitled 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.

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11E. NOTICE OF COMPLETION - SIDEWALK REPAIRS AND IMPROVEMENTS Staff Recommendation
Adopt Resolution No. 24-114, which will:

1. Accept the Sidewalk Repairs and Improvements, CIP Project Nos. 24304 and 22305, from the contractor, CJ Concrete Construction, Inc.

2. Authorize the Public Works Director/City Engineer to execute and record the Notice of Completion for the Sidewalk Repairs and Improvements, CIP Project Nos. 24304 and 22305.

3. Authorize the City Clerk to release the payment bond 35 days from the recordation of the Notice of Completion upon verification with the Engineering Division that no liens have been levied against the contractor, CJ Concrete Construction, Inc.

4. Authorize the City Clerk to release the performance bond for this project upon receipt of a warranty bond in a form acceptable to the Public Works Director in the amount of 25% of the total construction cost. 11F. CONSIDERATION OF RATIFYING AMENDMENTS TO A PROFESSIONAL

SERVICES AGREEMENT WITH COASTAL FRONTIERS CORPORATION
APPROVED ON MAY 7, 2024 FOR PHASE 1 OF REESTABLISHING A SAND

COMPATIBILITY AND OPPORTUNISTIC USE PROGRAM (SCOUP)
Staff Recommendation
Adopt Resolution No. 24-115, which will ratify the professional services agreement (C24-22), by and between the City of San Clemente and Coastal Frontiers Corporation, to provide technical assistance to the City in support of the re-establishment of the Sand Compatibility and Opportunistic Use Program (SCOUP) Phase 1 in its amended form, as executed by the City Manager.

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11G. CONTRACT AWARD - GEOTECHNICAL SUPPORT SERVICES FOR THE

CYPRUS SHORE GRADING, STORM DRAIN AND SEWER LIFT STATION

IMPROVEMENTS
Staff Recommendation
Adopt Resolution No. 24-116, which will:

1. Award a Professional Services Agreement to LGC Geotechnical, Inc. for geotechnical support services for the Cyprus Shore Grading, Storm Drain and Sewer Lift Station Improvements.

2. Approve, and authorize the City Manager to execute, Contract No C24-40, by and between the City of San Clemente and LGC Geotechnical, Inc., providing for geotechnical support services for the Cyprus Shore Grading, Storm Drain and Sewer Lift Station Improvements, in an amount not to exceed $88,000.
11H. CONTRACT AWARD - DIGESTER NO. 2 CLEANING, RESIDUAL DISPOSAL

AND INSPECTION AND FINDING THE PROJECT CATEGORICALLY

EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
Staff Recommendation
Adopt Resolution No. 24-117, which will:

1. Find Digester No. 2 Cleaning, Residual Disposal & Inspection, CIP Project No. 21203 categorically exempt from the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities, 14 CCR section 15301) of the State CEQA Guidelines.

2. Award the Digester No. 2 Cleaning, Residual Disposal & Inspection, contract to M.P. Environmental Services, Inc.

3. Approve, and authorize the City Manager to execute, Contract No. C24-41, by and between the City of San Clemente and M.P. Environmental Services, Inc., providing for the Digester No. 2 Cleaning, Residual Disposal & Inspection, in an amount not to exceed $887,340 in a form substantially similar to Contract No. C24-41(Attachment 2).

4. Approve a 10% construction contingency of $88,734.

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11I. CONTRACT AWARD - PREPARATION OF THE 2025-2029 CONSOLIDATED

PLAN AND CONTINUED COMMUNITY DEVELOPMENT BLOCK GRANT

ADMINISTRATION SERVICES
Staff Recommendation
Adopt Resolution No. 24-118, which will:

1. Find Mike Linares, Inc. has unique familiarity with the project, subject area or possesses other attributes making them uniquely qualified to provide the 2025-2029 Consolidated Plan, 2025-2026 Annual Action Plan, and Community Development Block Grant Administration Services (CDBG) that the City needs.

2. Award the Professional Services Agreement, as provided as Attachment 2, for the preparation of the 2025-2029 Consolidated Plan, 2024-2025 Annual Action Plan, and Community Development Block Grant Administration Services (CDBG) with Mike Linares, Inc.

3. Approve, and authorize the City Manager to execute, Contract No. C24-42, by and between the City of San Clemente and Mike Linares, Inc., providing for the preparation of the 2025-2029 Consolidated Plan, 2024-2025 Annual Action Plan, and Community Development Block Grant Administration Services (CDBG), in an amount not to exceed $97,500.
11J. CONTRACT AWARD - WATER RECLAMATION PLANT SOLIDS HANDLING

BUILDING CENTRIFUGE CONVEYOR MODIFICATIONS AND FINDING THE

PROJECT CATEGORICALLY EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT
Staff Recommendation
Adopt Resolution No. 24-119, which will:

1. Award the Water Reclamation Plant Solids Handling Building Centrifuge Conveyor Modifications, CIP Project No. 23203, construction contract to Jennette Company, Inc. as the lowest responsive and responsible bidder.

2. Approve, and authorize the City Manager to execute, Contract No. C24-43, by and between the City of San Clemente and Jennette Company, Inc., providing for the Water Reclamation Plant Solids Handling Building Centrifuge Conveyor Modifications in the amount of $156,800, in a form substantially similar to Contract No. C24-43 (Attachment 2).

3. Approve a 10% project contingency of $15,700.

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11K. CONTRACT AMENDMENT - STREET SWEEPING SERVICES AND FINDING

THE PROJECT CATEGORICALLY EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT
Staff Recommendation
Adopt Resolution No. 24-120, which will approve, and authorize the City Manager to execute, Amendment No. 1 to Contract No. C21-22, by and between the City of San Clemente and Sweeping Corporation of America to continue Street Sweeping Services, in an amount not to exceed $580,716, for a one-year term.

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

13. Future Agenda Items

14. Reports
A. Commissions and Committees
(1) RESIGNATION OF RICHARD KAY FROM THE BEACHES, PARKS

AND RECREATION COMMISSION
Staff Recommendation ..recommendation

1. Accept the resignation of Richard from the Beaches, Parks and Recreation Commission, with regret.

2. Select an applicant from the June 18, 2024 applicant pool, using the same voting method as was done at the interviews on June 18, 2024.

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

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15. Adjournment
The next Regular City Council Meeting is scheduled to take place on August 20, 2024.

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

Please note that the Regular City Council Meeting of August 6, 2024 was previously cancelled.

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CITY COUNCIL MEETING PROCEDURES

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

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

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

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

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

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

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

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

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

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

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12 910 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: July 17, 2024 Agenda Item: 10A.

Submitted By: City Manager
Prepared By: Andy Hall, City Manager
Subject:
..titl e

CONSIDERATION OF A RESOLUTION, CALLING AN ELECTION IN THE CITY OF SAN CLEMENTE TO BE CONSOLIDATED WITH THE CITY’S NEXT GENERAL MUNICIPAL ELECTION ON NOVEMBER 5, 2024, SUBMITTING TO THE ELECTORS A BALLOT MEASURE TO INCREASE THE CITY’S SALES AND USE TAX (“SALES TAX”) BY ONE CENT BY AMENDING SECTION 3.20.050 (RATE) OF CHAPTER 3.20 (SALES AND USE TAX) OF TITLE 3

OF SAN CLEMENTE MUNICIPAL CODE, ESTABLISHING THE POLICIES AND PROCEDURES

FOR SUCH AN ELECTION, REQUESTING THAT ORANGE COUNTY PROVIDE ELECTION

SERVICES, DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS AND AUTHORIZING THE FILING OF REBUTTAL ARGUMENT; AND CONSIDERATION OF A

RESOLUTION ADOPTING ADVISORY SPENDING GUIDELINES FOR THE MEASURE ACCORDING ..body TO RESIDENT IDENTIFIED PRIORITIES
Fiscal Impact:

Biennial general municipal election costs are determined by the number of registered voters, the County Registrar of Voter’s costs for services, and the City’s costs for its required publication notices, etc. The estimated cost to place the proposed measure on the November ballot with the election of two Councilmembers is approximately $102,818 - $119,682. based on the last estimate from the County Registrar of Voters (which would be in addition to the costs for the election of Councilmembers).

If the locally controlled one cent Sales Tax is approved by the voters, the measure is estimated to generate $13.5 million annually in revenue for the general fund. With the adoption of the proposed resolution approving Advisory Spending Guidelines for the measure, the funds would be used for resident identified priorities including beach access, community health and public safety services.

Summary:

Before the City Council is a resolution that would submit a measure to the voters for an increase of one cent to the City’s existing Sales and Use Tax (Sales Tax) and a resolution adopting Advisory Spending Guidelines for such a measure so that the funds would be used for resident identified priorities, such as: keeping public areas safe and clean, maintaining local beaches and beach access for residents, protecting local drinking water supply and ocean water quality, and maintaining 911 emergency response.

The decision about whether to enact such a funding measure would be considered and determined by City of San Clemente voters at the November 5, 2024 Statewide General Election. 13 Meeting Date: July 17, 2024 Agenda Item: 10A.

CITY OF SAN CLEMENTE 2
Background:

Across our region crime has been increasing in recent years. In the last year of crime statistics there were 142 violent crimes and 908 property crimes reported. If approved by the voters of the City of San Clemente, the measure will help maintain 911 emergency response times and the number of Sheriff’s deputies patrolling our neighborhoods thereby ensuring that the City can do more to keep residents and their property safe.

When you have an emergency seconds count. Approximately two-thirds of all calls to the Orange County Fire Authority serving our area are related to medical emergencies. The measure will help ensure that San Clemente is served by the number of firefighters and paramedics that we need and that they are able to respond quickly to emergencies and save lives.

San Clemente has been aware of the need to help our local beaches since the 1990s, but with recent extreme rainstorms and erosion of beaches and bluffs, independent scientists say that the problem is getting worse. If action is not taken to protect them now, it could cost more in the long run.

In a recent survey, residents shared that these concerns were among their priorities and a majority identified a need for funding.

Analysis:

Based on the survey results, before the City Council is a measure that, if approved by the voters at the November 5, 2024 Statewide General Election, would add an additional one cent to our existing Sales and Use Tax (Sales Tax), which is currently set at one cent. Our current sales tax rate is 7.75%. Therefore, if San Clemente voters pass the measure, then our sales tax rate will be 8.75%. This would put the City on the path of long-term financial stability.

The measure includes tough accountability provisions such as requiring public disclosure of all spending and guaranteed annual independent audits. These fiscal safeguards will ensure funds are used efficiently, effectively, and as promised. As required by the California Constitution, all funding will be used locally in San Clemente and cannot be taken by the County, State or Federal government.

The proposed Advisory Spending Guidelines for this measure state that the funds of the measure will be used for resident identified priorities, such as: keeping public areas safe and clean, protecting our beaches and maintaining beach access for residents, protecting local drinking water supply and ocean water quality, and maintaining 911 emergency response.

If a majority of voters (50% plus 1) support the measure, it would go into effect ten days after certification of the vote is presented to the City Council. Certification of the vote is currently scheduled for the City Council’s December 10, 2024 meeting, which would make the effective date of the proposed ordinance December 20, 2024, if it is approved by the voters.

If the City Council deems it appropriate to let the voters consider and decide this matter, staff recommends placing the following measure on the ballot. As noted in the body of the measure, the tax is a general-purpose tax, meaning the proceeds of the tax stay in San Clemente to 14 Meeting Date: July 17, 2024 Agenda Item: 10A.

CITY OF SAN CLEMENTE 3
support the City’s general fund and can be used for any general purpose, including addressing the residents’ highest priorities as identified in the proposed Advisory Spending Guidelines.

SAN CLEMENTE PUBLIC SAFETY,

BEACH MAINTENANCE, CITY

SERVICES MEASURE
Shall the measure maintaining San Clemente’s longstanding financial stability/general services such as: 911 emergency response; keeping public areas safe/clean; repairing streets/roads; protecting local beaches/beach access for residents, local drinking water supply, and ocean water quality; retaining local businesses, by establishing a 1¢ sales tax providing approximately $13,500,000 annually until ended by voters; requiring public spending disclosure, independent audits, all funds used locally, be adopted?
YES
NO
Next Steps:

To qualify for the ballot, at least 2/3 of the City Council (at least 4 members) are required to vote affirmatively to place the measure on the ballot. If so approved by the City Council, and then passed on Tuesday, November 5, 2024 by a majority of voters (50% plus 1) voting on the measure, it would go into effect ten days after the certification of the election to the City Council.

Should the City Council choose to place the measure on the November 5, 2024 ballot, the City Attorney will need to prepare an impartial analysis showing the effect of the measure on the existing laws and the operation of the measure. The City Clerk will also need to establish a process and timeline for the submittal of ballot arguments, consistent with the requirements of state law and the County Registrar of Voters. These items are addressed in the attached draft Resolution 24-112.

Council Options:
 Adopt Resolution No. 24-112, submitting the San Clemente Public Safety, Beach Maintenance, City Services Measure to the November 5, 2024 ballot for the voters to decide whether the existing Sales Tax should be increased by one cent, establishing policies and procedures for the election, directing the City Attorney to prepare the impartial analysis of the Measure and authorizing the filing of rebuttal arguments, and adopt Resolution No. 24-111, approving the Advisory Spending Guidelines declaring that the funds from the Measure are to be used for resident identified priorities, such as: keeping public areas safe and clean, maintaining local beaches and beach access for residents, protecting local drinking water supply and ocean water quality, and maintaining 911 emergency response.  Modify and adopt Resolution Nos. 24-111 and/or 24-112.  Decide not to place the Measure on the ballot and do not adopt the resolutions. 15 Meeting Date: July 17, 2024 Agenda Item: 10A.

CITY OF SAN CLEMENTE 4
Environmental Review/Analysis:

This action is not a “project” as defined under Section 15378(b)(4) of the California Environmental Quality Act (CEQA) Guidelines because it is a financing decision without commitment to a specific project that may result in a potentially significant physical impact on the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the actions proposed are not subject to CEQA.

Recommended Actions:

Staff Recommendation ..recommendation
Staff Recommends That the City Council take the following actions:

1. Adopt Resolution No. 24-111 entitled: “A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF SAN CLEMENTE ADOPTING SPENDING PRIORITIES FOR THE SAN CLEMENTE PUBLIC SAFETY, BEACH MAINTENANCE AND CITY SERVICES MEASURE”; and

2. Adopt Resolution No. 24-112 entitled: “A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF SAN CLEMENTE, CALLING AN ELECTION IN THE CITY OF SAN CLEMENTE TO BE CONSOLIDATED WITH THE CITY’S NEXT GENERAL MUNICIPAL ELECTION ON NOVEMBER 5, 2024, SUBMITTING TO THE ELECTORS A BALLOT MEASURE TO INCREASE THE CITY’S SALES AND USE TAX (“SALES TAX”) BY ONE CENT BY AMENDING SAN CLEMENTE MUNICIPAL CODE SECTION 3.20.050, ESTABLISHING THE

POLICIES AND PROCEDURES FOR SUCH AN ELECTION, REQUESTING THAT ORANGE

COUNTY PROVIDE ELECTION SERVICES, DIRECTING THE CITY ATTORNEY TO

PREPARE AN IMPARTIAL ANALYSIS AND AUTHORIZING THE FILING OF REBUTTAL ARGUMENT”.
..end
Attachment:

1. Resolution No. 24-111, including Exhibit A – Advisory Spending Guidelines

2. Resolution No. 24-112, including Exhibit A – Ordinance Notification:

None.
16 Attachment 1

RESOLUTION NO. 24-111

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF SAN CLEMENTE ADOPTING SPENDING

PRIORITIES FOR THE SAN CLEMENTE PUBLIC

SAFETY, BEACH MAINTENANCE AND CITY

SERVICES MEASURE
WHEREAS, in an emergency seconds count and approximately two-thirds of all calls to the Orange County Fire Authority serving San Clemente are related to medical emergencies; and
WHEREAS, San Clemente needs to maintain firefighter and paramedic staffing levels so they are able to respond quickly to emergencies and save lives; and WHEREAS, crime has been increasing in our region in recent years; and WHEREAS, the last reported crime statistics included 142 violent crimes and 908 property crimes and our residents have identified maintaining 911 emergency response times and the number of Sheriff’s deputies patrolling our neighborhoods, as amongst their top priorities; and
WHEREAS, San Clemente beaches have been deteriorating since the 1990s, but with recent extreme rainstorms and the erosion of beaches and bluffs, independent scientists now say the problem is getting worse; and
WHEREAS, the San Clemente Public Safety, Beach Maintenance and City Services Measure (the “Measure”) includes stringent fiscal accountability provisions and safeguards such as requiring public disclosure of all spending and guaranteed annual independent audits to ensure funds are used efficiently, effectively, and as promised; and WHEREAS, Article XVI, section 6 of the California Constitution requires all funding to be spent locally for the benefit of the San Clemente community and cannot be taken by the County, State or Federal government; and
WHEREAS, the City Council desires that the funds of the Measure will be used for resident identified priorities, such as: keeping public areas safe and clean, maintaining local beaches and beach access for residents, protecting local drinking water supply and ocean water quality, and maintaining 911 emergency response; and WHEREAS, as required by Article XIIIC, section 2(b) of the California Constitution, the City Council intends to submit the Measure to the voters of the City of San Clemente to decide on November 5, 2024 whether it will be approved.

NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of San Clemente does hereby resolve, declare, determine and order as follows, that:
17 Resolution No. 24-111 Page 2

SECTION 1. The Advisory Spending Guidelines attached to this resolution as Exhibit A, which is fully incorporated herein by this reference, are hereby adopted and approved. If the voters of the City of San Clemente approve the Measure, the City Council hereby declares its intention to adopt spending priorities for the funds generated by the Measure that are consistent with the Advisory Spending Guidelines set forth in Exhibit A.

SECTION 2. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

PASSED, APPROVED AND ADOPTED this ________ day of ___________, 2024.

MAYOR of the City of
San Clemente, California
ATTEST:

CITY CLERK, Elections Official of the City of
San Clemente, California
18 Resolution No. 24-111 Page 3

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. 24-111 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, Elections Official of
the City of San Clemente, California
Approved as to form:

Elizabeth A. Mitchell, City Attorney

19 Proposed Spending Priorities for San Clemente
Public Safety, Beach Maintenance & City Services Measure These advisory spending guidelines summarize community-identified priorities for the use of locally generated funding revenue, should the San Clemente Public Safety, Beach Maintenance and City Services Measure (Measure) be adopted by San Clemente voters. Highlights of a recent Community Survey conducted on May 26th of this year and posted on the City’s website indicates that our San Clemente residents value a holistic definition of Quality of Life, based on the following community vision:
 The City’s long-term Fiscal Sustainability, including a high level of Public Transparency and Fiscal Accountability over taxpayer dollars.
 Keeping our City’s Public Areas Safe and Clean for residents and businesses alike, including continuing to address homelessness.
 Maintaining 911 Police, Firefighter, and Emergency Response services, including street and road repairs for safety.
 Protecting our Clean Water, Beaches and Ocean Waters for all residents and future generations to enjoy.

Based on the community’s feedback, the City of San Clemente City Council hereby affirms and adopts these Advisory Spending Guidelines and Priorities identified by the public and presents its advisory spending guidelines as follows:

Protecting Beaches, Public Access, Clean
Ocean Waters, Clean Drinking Water
75% of Measure
Proceeds
911 Police, Firefighter, and Emergency
Response Services/Street & Road Repair
20% of Measure
Proceeds1
Keeping Public Spaces Safe and Clean 5% of Measure
Proceeds
Upon certification of the November 2024 Municipal Election results, should the Measure be adopted, the City Council intends to adopt the same as the actual Spending Plan for Measure proceeds, anticipated to be at its December 2024 meeting. Spending allocations will be prorated to reflect a partial fiscal year. General fund revenue generated by the Measure, anticipated to generate $13,500,000 annually, would begin to be collected in April 2026.

Revenue generated by the Measure will be utilized as described in the Advisory Guidelines table on the following page.
1 Police, fire, emergency medical services, and marine safety currently account for 45% of the City of San Clemente’s General Fund expenditures ($39.8 million in FY 2024-25).

Exhibit A
20 Service Priorities Estimated Average Annual
Expenditures
Protecting Beaches, Public Access, Clean Ocean Waters, Clean Drinking Water (Target: 75%)
$10,125,000
Maintaining beach access for residents
-Annual contribution to Capital Improvements and major
maintenance to Beach Trail, Municipal Pier and Beach access points.
- Routine maintenance on Beach Trail, Municipal Pier and Beach access points.
$2,325,000
Keeping sand on local beaches
-Annual contribution for ongoing USACE beach nourishment project and other sand replenishment opportunities.
$5,500,000
Protecting coastal water quality and local drinking water supply -Clean Ocean Fund Activities to improve local surface and ocean water quality; diverting runoff to be used as a water source and lowering the City’s demand for imported potable water.
$2,300,000
911 Police, Firefighter, and Emergency Response Services/Street & Road Repair (Target: 20%)
$2,700,000
Maintaining 911 emergency response times
- Address rising cost of maintaining of Fire, Paramedic, Ambulance and Police services and emergency response levels.
$500,000
Maintaining Sheriff patrols
- Funding for overtime and/or additional sworn officers to cover highneed patrol areas and times. $1,400,000
Maintaining streets and roads
- Dedicated funding for major street maintenance and repair to slow the incidence of pavement deterioration, cracking, and pothole formation.
$800,000
Keeping Public Spaces Safe and Clean (Target: 5%) $675,000 Continuing to address homelessness
- Community Outreach staff and expansion of Park Ranger Program.
$550,000
Public works services to keep public spaces safe and clean -Sidewalk cleaning and debris removal from Pier Bowl, Del Mar, El Camino Real, North Beach, and other public spaces as needed. $125,000
TOTAL $13,500,000
21 Attachment 2

RESOLUTION NO. 24-112

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALLING AN ELECTION IN THE CITY OF

SAN CLEMENTE TO BE CONSOLIDATED WITH THE
CITY’S NEXT GENERAL MUNICIPAL ELECTION ON
NOVEMBER 5, 2024, SUBMITTING TO THE ELECTORS A
BALLOT MEASURE TO INCREASE THE CITY’S SALES
AND USE TAX (“SALES TAX”) BY ONE CENT BY

AMENDING SAN CLEMENTE MUNICIPAL CODE SECTION

3.20.050, ESTABLISHING THE POLICIES AND

PROCEDURES FOR SUCH AN ELECTION, REQUESTING

THAT ORANGE COUNTY PROVIDE ELECTION SERVICES,

DIRECTING THE CITY ATTORNEY TO PREPARE AN

IMPARTIAL ANALYSIS AND AUTHORIZING THE FILING OF

REBUTTAL ARGUMENT
WHEREAS, in an emergency seconds count and approximately two-thirds of all calls to the Orange County Fire Authority serving San Clemente are related to medical emergencies; and
WHEREAS, San Clemente needs to maintain firefighter and paramedic staffing levels so they are able to respond quickly to emergencies and save lives; and WHEREAS, crime has been increasing in our region in recent years; and WHEREAS, the last reported crime statistics included 142 violent crimes and 908 property crimes and our residents have identified maintaining 911 emergency response times and the number of Sheriff’s deputies patrolling our neighborhoods, as amongst their top priorities; and
WHEREAS, San Clemente beaches have been deteriorating since the 1990s, but with recent extreme rainstorms and the erosion of beaches and bluffs, independent scientists now say the problem is getting worse; and
WHEREAS, the San Clemente Public Safety, Beach Maintenance and City Services Measure (the “Measure”) includes stringent fiscal accountability provisions and safeguards such as requiring public disclosure of all spending and guaranteed annual independent audits to ensure funds are used efficiently, effectively, and as promised; and WHEREAS, Article XVI, section 6 of the California Constitution requires all funding to be spent locally for the benefit of the San Clemente community and cannot be taken by the County, State or Federal government; and
22 Resolution No. 24-112 Page 2

WHEREAS, per the City Council’s adoption of Advisory Spending Guidelines for this ordinance, the funds of this ordinance will be used for resident identified priorities, such as:
keeping public areas safe and clean, maintaining local beaches and beach access for residents, protecting local drinking water supply and ocean water quality, and maintaining 911 emergency response; and
WHEREAS, pursuant to California Revenue and Taxation Code section 7285.9 the City of San Clemente ("City") has the authority to levy a Transactions and Use (“Sales”) Tax for general purposes that is subject to voter approval; and WHEREAS, Article XIIIC, section 2(b) of the California Constitution requires that the Measure must be approved by a majority vote of the voters voting on the issue and that such an election by the voters must be consolidated with a statewide general election at which members of the City Council will be elected; and
WHEREAS, as required by Article XIIIC, section 2(b) of the California Constitution, the City Council desires that the voters of the City of San Clemente have the opportunity to decide on November 5, 2024 whether the Measure should be enacted.

NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of San Clemente does hereby resolve, declare, determine and order as follows, that:

SECTION 1. Pursuant to Elections Code section 9222, the City Council hereby calls an election at which it shall submit to the qualified voters of the City of San Clemente, a measure that, if approved, would increase the Transactions and Use Tax by one cent from one percent (1%) to two percent (2%) to fund general services in the City. This measure shall be designated by letter by the Orange County Registrar of Voters.

SECTION 2. The ballot language for the proposed measure shall be as follows:

SAN CLEMENTE PUBLIC SAFETY,

BEACH MAINTENANCE, CITY SERVICES

MEASURE
Shall the measure maintaining San Clemente’s longstanding financial stability/general services such as: 911 emergency response; keeping public areas safe/clean; repairing streets/roads; protecting local beaches/beach access for residents, local drinking water supply, and ocean water quality; retaining local businesses, by establishing a 1¢ sales tax providing approximately $13,500,000 annually until ended by voters; requiring public spending disclosure, independent audits, all funds used locally, be adopted?
YES
NO
SECTION 3. The proposed measure submitted to the voters is as attached in Exhibit A to this Resolution, which is fully incorporated herein by this reference. The City Council hereby approves the proposed ordinance, in the form thereof, and its submission to the 23 Resolution No. 24-112 Page 3

voters of the City at the November 5, 2024 election. The full text of the measure shall be printed in the ballot materials and be available for public inspection in the City Clerk’s office and on the City’s website: https://www.san-clemente.org SECTION 4. The City Clerk is hereby directed to cause notice of the measure to be published once in the official newspaper of the City of San Clemente, in accordance with Section 12111 of the California Elections Code.

SECTION 5.
a) Pursuant to California Elections Code sections 10400 et seq., the election for this measure shall be consolidated with the established election to be conducted on November 5, 2024. The City Council hereby requests that the Orange County Board of Supervisors consolidate the election called by this resolution with the statewide election to be conducted on November 5, 2024 and order the election to be conducted by the Orange County Registrar of Voters. The City Council of the City of San Clemente acknowledges that the consolidated election will be held and conducted in the manner prescribed in Elections Code section 10418. The City Council recognizes that additional cost will be incurred by Orange County by reason of the consolidation of the election with the Statewide election and agrees to reimburse Orange County for any costs that are not reimbursed by the State, and the City Council hereby authorizes the City Manager to pay Orange County for said services in full.

The City Clerk is directed to file a certified copy of this resolution with the Orange County Board of Supervisors and the Registrar of Voters on or before August 9, 2024. (b) The election on the measure set forth in Section 3 shall be held and conducted, the voters canvassed and the returns made, and the results ascertained and determined as provided herein. The election shall be held in accordance with the Elections Code of the State of California.
(c) The election on the measure set forth in Section 3 shall be held in Orange County in the City of San Clemente on November 5, 2024, as required by law, and the Board of Supervisors of Orange County is authorized to canvass the returns of the election with respect to the votes cast in the City of San Clemente and certify the results to the City Council of the City of San Clemente.
(d) At the next regular meeting of the City Council of the City of San Clemente occurring after the returns of the election for the measure set forth in Section 3 have been canvassed and the results have been certified to the City Council, or at a special meeting called for such purpose if allowed or required by law, the City Council shall cause to be entered in its minutes a statement of the results of the election.

SECTION 6. The City Clerk is hereby authorized and directed to take all steps necessary to place the measure on the ballot and to cause the ordinance or measure to be printed. A copy of the measure shall be made available to any voter upon request.

SECTION 7. Pursuant to California Elections Code section 9280, the City Council 24 Resolution No. 24-112 Page 4

hereby directs the City Clerk to transmit a copy of the measure to the City Attorney. The City Attorney shall prepare an impartial analysis of the measure, not to exceed 500 words in length, showing the effect of the measure on the existing law and the operation of the measure, and transmit such impartial analysis to the City Clerk by August 9, 2024.

SECTION 8.
(a) Arguments for or against this measure shall be submitted not later than 5 p.m. on August 9, 2024 to the City Clerk signed, with the printed name(s) and signature(s) of the author(s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers who is the author of the argument.
(b) Direct arguments shall not exceed three hundred (300) words and shall be signed by not more than five (5) persons.
(c) Pursuant to California Elections Code section 9285(b), the City Council is hereby adopting provisions for the filing of rebuttal arguments for this measure.

Accordingly, when the City Clerk has selected the arguments for and against the measure, which will be printed and distributed to the voters, the City Clerk shall send copies of the argument in favor of the measure to the author(s) of the argument against it, and copies of the argument against it to the author(s) of the argument in favor. Rebuttal arguments shall not exceed 250 words and shall be filed no later than 5:00 p.m. on August 20, 2024.

SECTION 9. Should any section, subsection, clause or provision of this resolution for any reason be held to be invalid, then the remainder of the resolution shall be deemed valid, it being expressly declared that this resolution, and each and every section, subsection, clause and phrase hereof would have been prepared, proposed, approved, adopted and/or ratified even if any other section, subsection, sentence, clause or phrase of this resolution were declared invalid.

SECTION 10. 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.

ATTEST: _______________
MAYOR of the City of
San Clemente, California
CITY CLERK of the City of
San Clemente, California

25 Resolution No. 24-112 Page 5

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. 24-112 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:

Elizabeth A. Mitchell, City Attorney
26 Exhibit A
FULL TEXT OF MEASURE ___
ORDINANCE NO.

AN ORDINANCE OF THE PEOPLE OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, AMENDING SECTION

3.20.050 (RATE) OF CHAPTER 3.20 (SALES AND USE
TAX) OF TITLE 3 OF THE MUNICIPAL CODE OF THE
CITY OF SAN CLEMENTE TO UPDATE THE CITY’S

SALES AND USE TAX BY INCREASING IT TO ADD AN

ADDITIONAL ONE CENT (ONE PERCENT)
WHEREAS, in an emergency seconds count and approximately two-thirds of all calls to the Orange County Fire Authority serving San Clemente are related to medical emergencies; and
WHEREAS, San Clemente needs to maintain firefighter and paramedic staffing levels so they are able to respond quickly to emergencies and save lives; and WHEREAS, crime has been increasing in our region in recent years; and WHEREAS, the last reported crime statistics included 142 violent crimes and 908 property crimes and our residents have identified maintaining 911 emergency response times and the number of Sheriff’s deputies patrolling our neighborhoods, as amongst their top priorities; and
WHEREAS, San Clemente beaches have been deteriorating since the 1990s, but with recent extreme rainstorms and the erosion of beaches and bluffs, independent scientists now say the problem is getting worse; and
WHEREAS, this ordinance includes stringent fiscal accountability provisions and safeguards such as requiring public disclosure of all spending and guaranteed annual independent audits to ensure funds are used efficiently, effectively, and as promised; and WHEREAS, Article XVI, section 6 of the California Constitution requires all funding to be spent locally for the benefit of the San Clemente community and cannot be taken by the County, State or Federal government; and
WHEREAS, per the City Council’s adoption of Advisory Spending Guidelines for this ordinance, the funds of this ordinance will be used for resident identified priorities, such as: keeping public areas safe and clean, maintaining local beaches and beach access for residents, protecting local drinking water supply and ocean water quality, and maintaining 911 emergency response; and
WHEREAS, pursuant to California Revenue and Taxation Code section 7285.9 the City of San Clemente ("City") has the authority to levy a Transactions and Use (“Sales”) Tax for general purposes that is subject to voter approval; and WHEREAS, Article XIIIC, section 2(b) of the California Constitution requires that this ordinance must be approved by a majority vote of the voters voting on the issue and that such an election by the voters must be consolidated with a statewide general election at which members of the City Council will be elected; and 27 WHEREAS, the City Council submitted this ordinance to the voters of the City of San Clemente to decide on November 5, 2024; and
WHEREAS, if approved by the voters, this ordinance would add an additional one cent to the Sales Tax.

NOW, THEREFORE, THE PEOPLE OF SAN CLEMENTE DO ORDAIN AS FOLLOW:

Section 1. Section 3.20.050 (Rate) of Chapter 3.20 (Sales and Use Tax) of Title 3 (Revenue and Finance) of the San Clemente Municipal Code is hereby amended by repealing and replacing it in its entirety to read as follows:
“3.20.050 - Rate.

The rate of sales tax and use tax imposed by this chapter shall be two percent.” Section 2. Proceeds resulting from the Sales Tax shall be deposited into the City’s general fund and become subject to the same independent audit requirements as other general fund revenues. Any auditor’s report shall be presented to the City Council annually and made available for public review. Proceeds resulting from the Sales Tax, like other general fund revenues, must be spent for the benefit of the local San Clemente community.

Section 3. If any section, subsection, subdivision, paragraph, sentence, clause or phrase added by this ordinance, or any part thereof, is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this ordinance or any part thereof. The People of the City of San Clemente hereby declare that they would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more subsections, subdivisions, paragraphs, sentences, clauses or phrases are declared unconstitutional, invalid or ineffective.

Section 4. It is found and determined that this ordinance is not a “project” as defined under Section 15378(b)(4) of the California Environmental Quality Act (CEQA) Guidelines because it is a financing decision without commitment to a specific project that may result in a potentially significant physical impact on the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the actions proposed are not subject to CEQA.

Section 5. This ordinance shall go into effect in accordance with Elections Code Section 9217 and shall be deemed adopted and become effective only if approved by a majority of the eligible voters of the City of San Clemente voting thereon, at an election to be held on November 5, 2024, and shall take effect ten (10) days after the City Council has certified the results of that election by resolution. The levying and collection of the 28 Sales Tax shall be as specified in Chapter 3.20 of Title 3 of the San Clemente Municipal Code and as directed by the City Council.

PASSED, APPROVED AND ADOPTED BY THE PEOPLE OF THE CITY OF SAN CLEMENTE this 5th day of November, 2024.

It is hereby certified that this Ordinance was duly adopted by the voters at the November 5, 2024 election, and that the City Council declared the results of such election, in the manner required by law, at a meeting of the City Council held on December __, 2024 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
___________________________
Mayor of the City of
San Clemente, California
ATTEST:
____________________________
CITY CLERK, Elections Official of
the City of San Clemente, California
Approved as to form:
____________________________
Elizabeth A. Mitchell, City Attorney
29 910 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: July 17, 2024 Agenda Item: 10B.

Submitted By: City Clerk
Prepared By: Laura Campagnolo, City Clerk
Subject:
..titl e
CALLING GENERAL MUNICIPAL ELECTION OF NOVEMBER 5, 2024 ..body Fiscal Impact:

The estimated cost to consolidate the City of San Clemente’s General Municipal Election of November 8, 2022 with the election being conducted on that date by the County of Orange Registrar of Voters’ Office is $102,818 to $119,682. This estimated cost includes the regularly scheduled election for two Members of the City Council and one ballot measure. Should the Council determine not to bring forward a ballot measure, the estimated election cost for two Members of the City Council will be $46,236 to $54,509. In addition, $5,000 in charges will likely be incurred to accommodate incidental election expenses (such as City publications, translation services, and supplies). Consequently, the City Clerk Department’s budget includes an amount to fund the November 5, 2024 election.

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 district 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.

At this time, staff recommends that the City Council adopt resolutions to: 1) call the General Municipal Election for November 5, 2024, which will include the election of one Councilmember in District 3 and one Councilmember in District 4, and 2) request that the County Board of Supervisors allow the City to consolidate its election with the General Election being conducted by the County of Orange on the same date.

An optional resolution is also presented for City Council’s consideration which, if adopted, would provide for the conduct of a special runoff election to resolve a tie vote among candidates who receive the same and the highest number of votes. If this resolution is not adopted prior to the election, state law provides that the winner be determined by lot. 30 Meeting Date: July 17, 2024 Agenda Item: 10B.

CITY OF SAN CLEMENTE 2
Council Options:
 Adopt all three Resolutions.
 Adopt Resolutions to Call the Election of November 5, 2024 and Consolidate the Election with the County.

Environmental Review/Analysis:

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

Recommended Actions:

Staff Recommendation ..recommendation

1. Resolution Calling the Election (Attachment 1)
Adopt Resolution No. 24-108 entitled A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF SAN CLEMENTE, CALIFORNIA, CALLING FOR THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2024 FOR THE

ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES;

2. Resolution Requesting Election Consolidation (Attachment 2) Adopt Resolution No. 24-109 entitled A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF SAN CLEMENTE, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS

OF THE COUNTY OF ORANGE TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 5, 2024, WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THAT DATE PURSUANT TO SECTION 10403 OF THE CALIFORNIA ELECTIONS CODE;
AND

3. Determine whether to adopt the following optional resolution:

Resolution Providing for a Special Runoff Election in the Event of a Tie Vote (Attachment 3) Resolution No. 24-110 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, PROVIDING FOR THE CONDUCT OF A SPECIAL

RUNOFF ELECTION FOR ELECTIVE OFFICES IN THE EVENT OF A TIE VOTE AT ANY MUNICIPAL ELECTION.
..end
Attachment:

1. Resolution No. 24-108 calling November 5, 2024 election

2. Resolution No. 24-109 requesting election consolidation

3. Resolution No. 24-110 providing for the conduct of a runoff election in the event of a tie vote Notification:

Orange County Board of Supervisors, Orange County Registrar of Voters. 31 Attachment 1
RESOLUTION NO. 24-108

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, CALLING FOR THE

HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE
HELD ON TUESDAY, NOVEMBER 5, 2024 FOR THE

ELECTION OF CERTAIN OFFICERS AS REQUIRED BY

THE PROVISIONS OF THE LAWS OF THE STATE OF

CALIFORNIA RELATING TO GENERAL LAW CITIES
WHEREAS, under the provisions of the laws relating to general law cities in the State of California, a General Municipal Election shall be held on November 5, 2024, for the regularly-scheduled election of two Members of the City Council, that is, one member for District 3 and one member for District 4 (each for a full four-year term).

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

Section 1. That pursuant to the requirements of the laws of the State of California relating to General Law Cities, there is called and ordered to be held in the City of San Clemente, California, on Tuesday, November 5, 2024, a General Municipal Election for the purpose of electing two Members of the City Council, one member for District 3 and one member for District 4 (each for a full four-year term).

Section 2: That the ballots to be used at the election shall be in the form and content as required by law.

Section 3: That the City Clerk is authorized, instructed and directed to coordinate with the County of Orange Registrar of Voters to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election.

Section 4. That the precincts, ballot drop box locations and hours of operations, vote center locations and hours of operations, vote-by-mail procedures and timing, the election officers, and all other persons and procedures for the General Municipal Election shall be the same as those utilized by the County of Orange.

Section 5. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections.

Section 6. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law. 32 Resolution No. 24-108 Page 2
Section 7. The City Council authorizes the City Clerk to administer said election and all reasonable and actual election expenses shall be paid by the City upon presentation of a properly submitted bill.

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, APPROVED AND ADOPTED this ______ day of __________, 2024.

MAYOR of the City of
San Clemente, California
ATTEST:

CITY CLERK, Elections Official 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. 24-108 was adopted at a regular meeting of the City Council of the City of San Clemente held on the _________day of _____________, __________, by the following vote:

AYES:

NOES:

ABSENT:

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

____________________________
CITY CLERK, Elections Official of
the City of San Clemente, California
Approved as to form:
___________________________
Elizabeth A. Mitchell, City Attorney
33 Attachment 2
RESOLUTION NO. 24-109

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, REQUESTING THE BOARD

OF SUPERVISORS OF THE COUNTY OF ORANGE TO

CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE
HELD ON NOVEMBER 5, 2024, WITH THE STATEWIDE

GENERAL ELECTION TO BE HELD ON THAT DATE
PURSUANT TO SECTION 10403 OF THE CALIFORNIA

ELECTIONS CODE
WHEREAS, on July 17, 2024, the City Council of the City of San Clemente adopted Resolution No. 24-108, calling a General Municipal Election to be held on November 5, 2024, for the purpose of electing one City Councilmember to District 3 and one City Councilmember to District 4, both for full four-year terms, commencing in December 2024; and
WHEREAS, it is desirable that the General Municipal Election be consolidated with the Statewide General Election to be held on the same date and that the precincts, voting methods (i.e., ballot drop boxes, vote centers and vote-by-mail balloting) and election officers of the two elections be the same, and that the County Election Department of the County of Orange canvass the returns of the General Municipal Election and that the General Municipal Election be held in all respects as if there were only one election; and
WHEREAS, Elections Code section 10403 requires the City Council to adopt a resolution requesting the Board of Supervisors to consolidate San Clemente’s election with the statewide election and to permit the Registrar of Voters to perform certain services in conjunction with the City’s election.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

SECTION 1. That pursuant to the requirements of Section 10403 of the California Elections Code, the Board of Supervisors of the County of Orange is hereby requested to consent and agree to the consolidation of a General Municipal Election with the Statewide General Election on Tuesday, November 5, 2024, for the purpose of electing one City Councilmember to District 3 and one City Councilmember to District 4, both for full four-year terms.

SECTION 2. That the form for election of Member of the City Council to District 3 is to appear on the ballot as follows:
34 Resolution No. 24-109 Page 4

CITY OF SAN CLEMENTE
Member of the City Council, District 3
Vote for no more than One
SECTION 3. That the form for election of Member of the City Council to District 4 is to appear on the ballot as follows:

CITY OF SAN CLEMENTE
Member of the City Council, District 4
Vote for no more than One
SECTION 4. That the County Election Department is authorized to canvass the returns of the General Municipal Election. The election shall be held in all respects as if there were only one election, and only one form of ballot shall be used. The election will be held and conducted in accordance with the provisions of law regulating the statewide election. The City acknowledges that the consolidated election will be held and conducted in the manner prescribed in California Elections Code section 10418.

SECTION 5. That the Board of Supervisors is requested to issue instructions to the County Election Department to take any and all steps necessary for the holding of the consolidated election.

SECTION 6. That the City of San Clemente recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any costs.

SECTION 7. That the City Clerk is hereby directed to file a certified copy of this resolution with the Board of Supervisors and the County Election Department of the County of Orange.

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, APPROVED AND ADOPTED this _____ day of _________, 2024. (Candidate names to be inserted along with a write-in opportunity) (Candidate names to be inserted along with a write-in opportunity) 35 Resolution No. 24-109 Page 4
MAYOR of the City of
San Clemente, California
ATTEST:

CITY CLERK, Elections Official 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. 24-109 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, Elections Official
of the City of San Clemente,
California
Approved as to form:

Elizabeth A. Mitchell, City Attorney
36 Attachment 3

RESOLUTION NO. 24-110

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF SAN CLEMENTE, CALIFORNIA,

PROVIDING FOR THE CONDUCT OF A SPECIAL

RUNOFF ELECTION FOR ELECTIVE OFFICES IN

THE EVENT OF A TIE VOTE AT ANY MUNICIPAL

ELECTION
WHEREAS, on July 17, 2024, the City Council of the City of San Clemente adopted Resolution No. 24-108, calling a General Municipal Election to be held on November 5, 2024, for the purpose of two Members of the City Council, that is, one Councilmember to District 3 and one Councilmember to District 4 (both for full four-year terms); and WHEREAS, Section 15651(b) of the Elections Code of the State of California authorizes the City Council, by majority vote, to adopt provisions to require the conduct of a Special Runoff Election to resolve a tie vote involving those candidates who received an equal number of votes and the highest number of votes for an elective office.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

SECTION 1. That pursuant to Section 15651(b) of the Elections Code of the State of California, if any two or more persons receive an equal and the highest number of votes for an office in each district, District 3 and/or District 4, to be voted for within the City, there shall be held within the City a Special Runoff Election to resolve the tie vote. A Special Runoff Election shall be called and held on a Tuesday not less than 40 nor more than 125 days after the administrative or judicial certification of the election which resulted in a tie vote.

SECTION 2. That this resolution shall apply only to the election to be held on November 5, 2024 and shall then be repealed.

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, APPROVED AND ADOPTED this ________ day of ___________, 2024. ____________________
MAYOR of the City of
San Clemente, California
ATTEST:
____________________________
CITY CLERK, Elections Official of
37 Resolution No. 24-110 Page 2

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. 24-110 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:

38 910 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: July 17, 2024 Agenda Item: (1)
39 CITY OF SAN CLEMENTE
Tuesday, June 18, 2024
City Council
Adjourned Regular Meeting Minutes
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Council Chambers
1:00 p.m. - Commission and Committee Interviews
5:00 p.m. - Closed Session
6:00 p.m. - Business Meeting
Mayor Cabral
Mayor Pro Tem Enmeier
Councilmember Duncan
Councilmember Knoblock
Councilmember Loeffler
These minutes reflect the order in which items appeared on the meeting agenda and do not necessarily reflect the order in which items were actually considered.

An Adjourned Regular Meeting of the San Clemente City Council was called to order by Mayor Cabral on June 18, 2024 at 1:05 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

COMMISSION AND COMMITTEE INTERVIEWS AND APPOINTMENTS
A. PLANNING COMMISSION
The City Council interviewed the following candidates:

Cameron Cosgrove
Brett Freeman
Gary McCaughan
Scott McKhann
Paul Parsons
Karen Prescott-Loeffler
Councilmember Loeffler recused himself due to a common law conflict of interest concerning consideration of appointing Karen Prescott-Loeffler to the Planning Commission. Councilmember Loeffler left the room during the interview and deliberations concerning Karen Prescott-Loeffler.

Motion by Councilmember Knoblock, second by Mayor Pro Tem Enmeier, CARRIED 4-0 (Councilmember Loeffler RECUSED) to appoint Karen Prescott-Loeffler to the Planning Commission for a term set to expire June 30, 2026.

Page 1 of 25 ends

40 City Council Adjourned Regular Meeting Minutes June 18, 2024 AYE: Duncan, Enmeier, Knoblock and Mayor Cabral
NOE: None
RECUSED: Loeffler
Councilmember Loeffler returned to the dais.

Councilmembers cast written ballots to fill three vacancies on the Planning Commission, which were announced verbally by City Clerk Campagnolo as follows:

DUNCAN: Cosgrove, Freeman, Parsons
ENMEIER: Cosgrove, McCaughan, McKhann
KNOBLOCK:Cosgrove, Freeman, McKhann
LOEFFLER: Cosgrove, McCaughan, McKhann
CABRAL: Cosgrove, McCaughan, McKhann
Motion by Mayor Cabral, second by Councilmember Knoblock, CARRIED 5-0, to appoint Cameron Cosgrove, Gary McCaughan and Scott McKhann to the Planning Commission for terms set to expire June 30, 2026.

AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None
B. INVESTMENT ADVISORY COMMITTEE
The City Council interviewed the following candidates:

Matthew Koellicker
Monique Runge (Not present to interview)
Councilmembers cast written ballots to fill one vacancy on the Investment Advisory Committee, which were announced verbally by City Clerk Campagnolo as follows:

DUNCAN: Koelliker
ENMEIER: Koelliker
KNOBLOCK: Koelliker
LOEFFLER: Runge
CABRAL: Koelliker
Motion by Councilmember Knoblock, second by Mayor Pro Tem Enmeier, CARRIED 5-0, to appoint Matthew Koellicker to the Investment Advisory Committee for a term set to expire June 30, 2026.

Page 2 of 25 ends

41 City Council Adjourned Regular Meeting Minutes June 18, 2024 AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None
C. BEACHES, PARKS AND RECREATION
The City Council interviewed the following candidates:

Jennifer Elliott
Shauna Garcia
Shari Grace
Linda Hernandez Williams
Douglas Juvinall
Teddy Kahn
Richard D. Kay
Alyssa McCanne
Teri Rousseau
Councilmembers cast written ballots to fill four vacancies on the Beaches, Parks and Recreation Commission which were announced verbally by City Clerk Campagnolo as follows:

DUNCAN: Garcia, Hernandez Williams, Kay, McCanne
ENMEIER: Garcia, Hernandez Williams, Kay, McCanne
KNOBLOCK: Garcia, Grace, Kahn, Kay
LOEFFLER: Elliott, Grace, Kahn, Rousseau
CABRAL: Elliott, Grace, Kay, Rousseau
Motion by Councilmember Knoblock, second by Councilmember Loeffler, CARRIED 5-0, to appoint Shauna Garcia, Shari Grace and Richard Kay to the Beaches, Parks and Recreation Commission for a term set to expire June 30, 2026.

AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None
Councilmembers cast additional written ballots for the remaining vacancy which were announced verbally by City Clerk Campagnolo as follows:

DUNCAN: McCanne
ENMEIER: McCanne
KNOBLOCK: Kahn
LOEFFLER: Rousseau
CABRAL: Elliott
Motion by Mayor Pro Tem Enmeier, second by Councilmember Duncan, CARRIED 5-0, to appoint Alyssa McCanne to the Beaches, Parks and

Page 3 of 25 ends

42 City Council Adjourned Regular Meeting Minutes June 18, 2024 Recreation Commission for a term set to expire June 30, 2026.

AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None
D. COASTAL ADVISORY COMMITTEE
Amanda Quintanilla narrated a PowerPoint presentation concerning the meeting schedule for the Coastal Advisory Committee. A hard copy of the presentation is on file with the City Clerk.

Following deliberations, the City Council considered the following candidates:

Richard Ayer (Not present to interview)
John Dolegowski
Matthew Schmitt
Diek Van Nort
Motion by Councilmember Loeffler, second by Mayor Pro Tem Enmeier, CARRIED 5-0, to appoint Richard Ayer to the Coastal Advisory Committee for a term set to expire June 30, 2025 and John Dolegowski, Matthew Schmitt and Diek Van Nort to the Coastal Advisory Committee for terms set to expire June 30, 2026.

AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None
E. GOLF COURSE COMMITTEE
The City Council interviewed the following candidates:

Mandy Hamilton
Kurt Luebke
Ben Page
Paul Perrotta
Tony Smith
Robert Zumberge
Councilmembers cast written ballots to fill three vacancies on the Golf Course Committee which were announced verbally by City Clerk Campagnolo as follows:

DUNCAN: Hamilton, Page, Zumberge
ENMEIER: Hamilton, Page, Zumberge
KNOBLOCK: Page, Smith, Zumberge
LOEFFLER: Hamilton, Page, Smith
CABRAL: Hamilton, Page, Zumberge

Page 4 of 25 ends

43 City Council Adjourned Regular Meeting Minutes June 18, 2024 Motion by Councilmember Knoblock, second by Mayor Pro Tem Enmeier, CARRIED 5-0, to appoint Mandy Hamilton, Ben Page and Robert Zumberge to the Golf Course Committee for terms set to expire June 30, 2026.

AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None
F. PUBLIC SAFETY COMMITTEE
Following deliberations, the City Council considered the following candidates:

Michael Greenwald
Tom Hazelton
Seth Neri
Motion by Councilmember Knoblock, second by Mayor Pro Tem Enmeier, CARRIED 5-0, to appoint Michael Greenwald, Tom Hazelton and Seth Neri to the Public Safety Committee for terms set to expire June 30, 2026.

AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None
G. HUMAN AFFAIRS COMMITTEE
Following deliberations, the City Council considered the following candidates:

Stuart Anderson (Not present to interview)
Michelle Brooks
Rosemary Salas
Dick Veale (Not present to interview)
Dawn Vogelsang (Withdrew Application)
Motion by Councilmember Knoblock, second by Councilmember Loeffler, CARRIED 5-0, to appoint Stuart Anderson, Michelle Brooks, Rosemary Salas and Dick Veale to the Human Affairs Committee for terms set to expire June 30, 2026.

AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None
Meeting Recessed
Motion by Mayor Pro Tem Enmeier, second by Councilmember Knoblock, CARRIED 5-0, to recess at 3:01 p.m. until the start of Closed Session at 5:00 p.m.

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

Page 5 of 25 ends

44 City Council Adjourned Regular Meeting Minutes June 18, 2024

CLOSED SESSION
The meeting reconvened at 5:00 p.m. with all Councilmembers present.

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

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

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

2. Case Name: MDL No. 2804 National Prescription Opiate Litigation Proposed Opioid Settlement Kroger Co.

B. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code Section 54957.6 Agency designated representative: Administrative Services Director
Unrepresented employees: All Employees
Employee Organization: San Clemente City Employees Association AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None
Closed Session concluded at 5:56 p.m.

BUSINESS MEETING
The meeting reconvened at 6:01 p.m. with all Councilmembers present.

INVOCATION
Stan Mathis, Member of the Elders Quorum Presidency, Ola Vista Ward, Church of Jesus Christ of Latter-day Saints, gave the invocation.

PLEDGE OF ALLEGIANCE
Mayor Cabral led the Pledge of Allegiance.

1. Special Presentations
None.

Page 6 of 25 ends

45 City Council Adjourned Regular Meeting Minutes June 18, 2024

2. Council Member Reports
Mayor Cabral reported:
· Attended the North Beach Community Association Town Hall Meeting on June 11, 2024 at The Casino.
· Reported he attended a meeting and toured the Miramar Theater on June 13, 2024.
· Reported on contact and assistance to homeless individual. · Hosted Marine Corps dinner to bid farewell to Brigadier General Woodworth of the 2nd Battalion 4th Marines at Marine Corps Base Camp Pendleton on June 12, 2024.
· Participated in a shake table test at the University of California at San Diego to simulate an earthquake and test the nuclear waste storage containers durability under earthquake conditions on June 12, 2024. · Had a meeting with Assistant Secretary Paul Murray with the Department of Energy to discuss long term storage of spent nuclear fuel June 13, 2024. · Announced that the City has secured waiver from the California Coastal Commission to place sand at North Beach.
· Announced the Army Corps of Engineers approval concerning sand placement at North Beach.
· Toured the Capistrano Unified School District Emergency Operations Center on June 10, 2024.
· Sent a letter on behalf of the San Onofre Community Engagement Panel to the assembly requesting assistance with disposing of nuclear waste in a timely manner.

Councilmember Loeffler reported:
· Toured the Capistrano Unified School District Emergency Operations Center on June 10, 2024.
· Meeting and Tour of Miramar Theater on June 13, 2024. · Contact and assistance to homeless individuals.
· Attended the Junior Lifeguard Kickoff on June 10, 2024.

Mayor Pro Tem Enmeier reported:
· Visited the Normandy D-Day Memorial and shared quotes from the memorial.

Councilmember Duncan reported:
· Attended the San Clemente’s Downtown Business Association 28th Annual Car Show on June 8, 2024 and distributed awards to the winners. · Attended Supervisor Foley’s Flag Day & Army Birthday Celebration event on June 14, 2024 at Baby Beach in Dana Point
· Acknowledged Father’s Day, June 16, 2024.
· Announced that the World Surf League 2024 finals to be held in San Clemente, September 6-14, 2024.
· Announced that the Blackball policy will be adjusted at T-Street for surfing. · Acknowledged the passing of Willie Mays.

Page 7 of 25 ends

46 City Council Adjourned Regular Meeting Minutes June 18, 2024 Councilmember Knoblock reported:
· Attended the Orange County Alzheimer’s Associations South OC Mixer event at The Casino on June 6, 2024.

3. Oral Communications (Part 1)
Daniel Gulbranson, Big Bear Lake, distributed documents and commented on former City Manager Sund. A hard copy of the documents are on file with the City Clerk.

Joe Wilson, Save our Beaches San Clemente, urged the City Council to appoint a member to be a liaison to the Orange County Transportation Authority concerning armoring San Clemente beaches to protect the railway.

Amanda Quintanilla narrated a PowerPoint presentation entitled "Support Letters". A hard copy of the presentation is on file with the City Clerk.

Mike Kay urged the City and its residents to be prepared for wildfires.

Suzanne Ruiz expressed concerns regarding pop-up food vendors without proper permits or health and safety precautions; commented on the dangers of fentanyl.

Lois McNicoll narrated a PowerPoint presentation entitled "Sand Restoration:

Natural, Effective, Less Expensive". A hard copy of the presentation is on file with the City Clerk.

Susie Lantz, San Clemente Chamber of Commerce, displayed a photograph and announced upcoming events for the Chamber of Commerce. A hard copy of the photograph is on file with the City Clerk.

George Gregory expressed concerns regarding sand placement in North Beach; spoke in opposition to a new tax measure, urged the city to focus on development to generate revenue.

Suzanne Mooneyham expressed concerns regarding chemicals found in water; voiced concerns regarding pop-up food vendors as it relates to fentanyl.

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

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

5. Consideration of agendizing items requiring immediate action None.

Page 8 of 25 ends

47 City Council Adjourned Regular Meeting Minutes June 18, 2024

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

Direction given; no reportable action concerning:

Case Name: Harbor View Estates Homeowners Association v. City of San Clemente, Orange County Superior Court Case No.
30-2024-01371169-CU-WM-CXC
The City Council voted, CARRIED 5-0, to authorize the City Manager to execute a Settlement Agreement with Kroger Co. and make elections regarding distributions regarding the following case:

Case Name: MDL No. 2804 National Prescription Opiate Litigation Proposed Opioid Settlement - Kroger Co.

No reportable action concerning:

Conference with Labor Negotiators
Pursuant to Government Code Section 54957.6
Agency designated representative: Administrative Services Director Unrepresented employees: All Employees
Employee Organization: San Clemente City Employees Association

7. Staff Communications
None.

8. Public Hearings
8A. PARK MASTER PLAN AMENDMENT OF RICHARD T. STEED MEMORIAL

PARK/BARON VON WILLARD DOG PARK AND ADOPTION OF AN

ADDENDUM TO THE INITIAL STUDY/MITIGATED NEGATIVE DECLARATION

PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
Mayor Cabral opened the Public Hearing.

Beaches, Parks and Recreation Director Wylie narrated a PowerPoint presentation entitled "Park Master Plan Amendment - Richard T. Steed Memorial Park" and responded to City Council inquiries. A hard copy of the presentation is on file with the City Clerk.

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

Page 9 of 25 ends

48 City Council Adjourned Regular Meeting Minutes June 18, 2024 Motion by Councilmember Duncan, second by Councilmember Knoblock, CARRIED 5-0, to:

1. Adopt Resolution No. 24-88, entitled A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, AMENDING RESOLUTION NO. 23-24 FOR RICHARD T. STEED MEMORIAL PARK/BARON

VON WILLARD DOG PARK MASTER PLAN INITIAL STUDY/MITIGATED

NEGATIVE DECLARATION, AND ADOPTING AN ADDENDUM TO THE

INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION FINDING THAT

THE MODIFICATIONS POSE NO SIGNIFICANT CHANGES TO THE
ORIGINAL ENVIRONMENTAL ANALYSIS.

2. Adopt Resolution No. 24-89, entitled A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, AMENDING RICHARD T. STEED MEMORIAL PARK/BARON VON WILLARD DOG PARK MASTER PLAN RESOLUTION NO. 23-25, TO INCORPORATE EIGHT
ADDITIONAL PICKLEBALL COURTS FOR A TOTAL OF 24 PICKLEBALL COURTS.

3. Approve Design Option C for the 24 court pickleball facility.

AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None
8B. DE NOVO APPEAL HEARING OF DEVELOPMENT PERMIT 24-027, A

REQUEST TO CONSTRUCT A TWO-STORY, SINGLE-FAMILY RESIDENCE ON A VACANT LOT AT 239 AVENIDA LA CUESTA ABUTTING TWO
HISTORIC RESOURCES (233 AVENIDA LA CUESTA AND 243 AVENIDA LA

CUESTA), AND FINDING THE PROJECT CATEGORICALLY EXEMPT FROM CEQA PURSUANT TO STATE CEQA GUIDELINES SECTION 15303 (CLASS 3: NEW CONSTRUCTION AND CONVERSION OF SMALL STRUCTURES, 14 CCR §15303)
Mayor Cabral opened the Public Hearing.

Mayor Cabral disclosed the following ex-parte communications:
· Communications from the applicant.
· Received emails regarding the proposed project.
· Site visit to the neighborhood.

Councilmember Loeffler disclosed the following ex-parte communications:
· Viewed the Planning Commission meeting of May 8, 2024. · Disclosed a friend lives in close proximity to the project.

Councilmember Duncan disclosed the following ex-parte communications:
· Received emails regarding the proposed project.

Page 10 of 25 ends

49 City Council Adjourned Regular Meeting Minutes June 18, 2024 · Previously toured the Goldschmidt House.

Mayor Pro Tem Enmeier disclosed the following ex-parte communications:
· Previously toured the Goldschmidt House.

Associate Planner Carrillo, City Planner Lightfoot and Community Development Director Atamian narrated a PowerPoint presentation entitled "Moses Residence DP24-027" and responded to City Council inquiries. A hard copy of the presentation is on file with the City Clerk.

Dustin Morris, Applicant, narrated a PowerPoint presentation entitled "Moses Residence: City Council Hearing 6-18-24". A hard copy of the presentation is on file with the City Clerk.

MEETING RECESSED
The meeting was recessed at 7:36 p.m. and reconvened at 7:43 p.m. with all Councilmembers present.

Vasko Mitzev, counsel for the appellant, narrated a PowerPoint presentation concerning the proposed project. A hard copy of the presentation is on file with the City Clerk.

Suzi Klickstein, San Clemente Historical Society, requested that the City Council increase the project setback by 15 feet.

Rick Delanty, San Clemente, commented on Ole Hanson's vision for San Clemente.

Lee Van Slyke, San Clemente Historical Society, commented on the neighboring historic Goldschmidt House and the historical importance of the architect, Paul Williams.

Christine Lampert, San Clemente, requested the City Council increase the setback by 15 feet.

Jim Hamilton, San Clemente Historical Society, commented on the setback of the project.

Alex Verdegen, Counsel for the Goldschmidt House and Campbell House, commented on the California Environmental Quality Act (CEQA) requirements and mitigation measures of the proposed project on the neighboring historic properties.

Steve Helfrich commented on potential impacts to the Goldschmidt House due to the proposed construction.

Page 11 of 25 ends

50 City Council Adjourned Regular Meeting Minutes June 18, 2024 Catherine Hall, Owner of the Goldschmidt House, requested the City Council increase the project setback.

Don Wentzel, Owner of the Goldschmidt House, requested the City Council increase the project setback.

Brian Dick, Owner of the Campbell House, requested the City Council increase the project setback.

Matthew Miller, San Clemente, commented on the impacts of the proposed Moses development on the community.

Larry Culbertson, San Clemente Historical Society, displayed page 163 of the Administrative Report, commented on the original design intended for lots this area; opined that the home should be smaller and the setback be increased.

Mary Ann Comes, San Clemente Historical Society, commented on the importance of the Goldschmidt House for the community; opined that the view of the house should not be impacted.

Amanda Quintanilla spoke in opposition to the Moses project.

John Moses, Applicant, commented on the proposed project.

Michael Liefer, Counsel for the Moses, submitted information concerning proposed alterations at the Goldschmidt House as it relates to the California Environmental Quality Act (CEQA); all documents submitted at the meeting are on file with the City Clerk.

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

Motion by Councilmember Knoblock, second by Councilmember Loeffler, to:

Adopt Resolution No. 24-90, which will:

1. Find the project categorically exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines Section 15303 (Class 3: New Construction or Conversion of Small Structures).

2.Deny the Appeal and approve Development Permit 24-027, Moses Residence, to allow the construction of a two story, single family residence on a vacant lot abutting two historic resources (233 Avenida La Cuesta and 243 Avenida La Cuesta).

Page 12 of 25 ends

51 City Council Adjourned Regular Meeting Minutes June 18, 2024 Substitute Motion by Councilmember Duncan, second by Mayor Pro Tem Enmeier, FAILED 2-3 (COUNCILMEMBER KNOBLOCK, COUNCILMEMBER LOEFFLER AND MAYOR CABRAL VOTING NOE), to:

Require that the proposed project, Moses Residence, setback be increased by nine feet and adopt Resolution No. 24-90, which will:

1. Find the project categorically exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines Section 15303 (Class 3: New Construction or Conversion of Small Structures).

AYE: Duncan and Enmeier
NOE: Knoblock, Loeffler and Mayor Cabral
The original motion by Councilmember Knoblock, second by Councilmember Loeffler, was considered and CARRIED 3-2 (COUNCILMEMBER DUNCAN AND MAYOR PRO TEM ENMEIER VOTING NOE) to:

Adopt Resolution No. 24-90, which will:

1. Find the project categorically exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines Section 15303 (Class 3: New Construction or Conversion of Small Structures).

2.Deny the Appeal and approve Development Permit 24 027, Moses Residence, to allow the construction of a two story, single family residence on a vacant lot abutting two historic resources (233 Avenida La Cuesta and 243 Avenida La Cuesta).

AYE: Knoblock, Loeffler and Mayor Cabral
NOE: Duncan and Enmeier
Meeting Recessed
Meeting recessed at 9:11 p.m. and reconvened at 9:17 p.m. with all Councilmembers present.

9. Unfinished Business
None.

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52 City Council Adjourned Regular Meeting Minutes June 18, 2024

10. New Business
10A. ADOPT REGULATIONS FOR CANDIDATE STATEMENTS FOR CANDIDATES

FOR ELECTIVE OFFICE PERTAINING TO CANDIDATE STATEMENTS

SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD NOVEMBER 5, 2024
City Clerk Campagnolo reviewed the contents of the Administrative Report and responded to City Council inquiries.

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

AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None
10B. FY 2024-25 CONTRACT BETWEEN THE CITY OF SAN CLEMENTE AND THE

COUNTY OF ORANGE FOR POLICE SERVICES
Administrative Services Director Brower and Finance Manager Rahn reviewed the contents of the Administrative Report and responded to City Council inquiries.

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

Adopt Resolution No. 24-92, which will:

1. Approve, and authorize the City Manager to execute, Contract No. C24-30, by and between the City of San Clemente and the County of Orange, for FY 2024-25 police services, in the amount of $21,700,000.

AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None
10C. CONSIDERATION OF A REVISED PURCHASING POLICY AND
INTRODUCING AND CONDUCTING A FIRST READING OF ORDINANCE NO. 1776 AMENDING AND REPLACING SECTIONS OF SAN CLEMENTE CODE TITLE 3 REVENUE AND FINANCE
Administrative Services Director Brower and Finance Manager Rahn reviewed the contents of the Administrative Report and responded to City Council inquiries.

Page 14 of 25 ends

53 City Council Adjourned Regular Meeting Minutes June 18, 2024 Motion by Mayor Pro Tem Enmeier, second by Councilmember Loeffler, CARRIED 5-0, to:

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

2. Introduce and conduct a first reading of Ordinance No. 1776 entitled 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.

AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None
10D. 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 GCI CONSTRUCTION, INC. FOR THE NORTH BEACH
EMERGENCY SAND PLACEMENT PROJECT, PROJECT NO. 14901, IN AN AMOUNT NOT TO EXCEED $1,726,000, APPROVING A SUPPLEMENTAL

APPROPRIATION FROM GENERAL FUND UNASSIGNED FUND BALANCE,

AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONSTRUCTION

CONTRACT, AND FINDING THE PROJECT CATEGORICALLY EXEMPT

FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
Coastal Administrator Meyerhoff and Principal Civil Engineer Ilkhanipour narrated a PowerPoint presentation entitled "North Beach Emergency Sand Project Contract Award" and responded to City Council inquiries. A hard copy of the presentation is on file with the City Clerk.

Lois McNicoll commented on the quality of the sand from the Santa Ana riverbed.

Mike Kay commented on utilizing local contractors; opined on the methods and types of contracts the City is entering into.

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

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.

Page 15 of 25 ends

54 City Council Adjourned Regular Meeting Minutes June 18, 2024

3. Approve a supplemental appropriation in the amount of $536,680 to the project Account No. 001-636-45300-000-14901 from the General Fund Unassigned Fund Balance.

4. Approve transfer of funds to the project Account No. 001-636-45300-000-14901 from the following accounts:
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

5. Award the North Beach Emergency Sand Placement, Project No. 14901, contract to GCI Construction, Inc.

6. Approve, and authorize the City Manager to execute, Contract No. C24-38, by and between the City of San Clemente and GCI Construction, Inc., providing for the North Beach Emergency Sand Placement, in an amount of not to exceed $1,726,000, in a form substantially similar to attached construction contract (Attachment 2).

7. Approve a 10% construction contingency of $172,600 for this project.

AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None
10E. CONSIDERATION OF JULY 2024 AND DECEMBER 2024 CITY COUNCIL

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

Motion by Councilmember Knoblock, second by Mayor Cabral, CARRIED 5-0, to cancel the December 3, 2024 and December 17, 2024 City Council Meetings and schedule a meeting on December 10, 2024 and change the Regular City Council Meeting of July 16, 2024 to July 17, 2024.

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

11. Consent Calendar
The following Item has been removed from the Consent Calendar for discussion:
11E

Page 16 of 25 ends

55 City Council Adjourned Regular Meeting Minutes June 18, 2024 A. City Council Minutes
Motion by Mayor Pro Tem Enmeier, second by Councilmember Knoblock, CARRIED 5-0, to:
(1) APPROVE THE CITY COUNCIL REGULAR MEETING MINUTES OF JUNE 4, 2024.

AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None
B. Commission/Committee Minutes
Motion by Mayor Pro Tem Enmeier, second by Councilmember Knoblock, CARRIED 5-0, to receive and file:
(1) ARTS AND CULTURE REGULAR MEETING MINUTES OF MARCH 25, 2024.

AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None
C. Warrant Register
Motion by Mayor Pro Tem Enmeier, second by Councilmember Knoblock, CARRIED 5-0, to:
(1) APPROVE WIRE TRANSFER NOS.
3040 THROUGH 3041 AND WARRANT NOS.
595987 THROUGH 596154, PAID ON
4-26-24, IN THE AMOUNT OF $945,258.69
(2) APPROVE WIRE TRANSFER NOS.
3050 THROUGH 3053 AND WARRANT NOS.
596471 THROUGH 596691, PAID ON
5-17-24, IN THE AMOUNT OF $1,454,629.35
(3) APPROVE HANDWRITE NO. 596900,
WIRE TRANSFER NOS. 3054 THROUGH
3055 AND WARRANT NOS. 596692
THROUGH 596899, PAID ON 5-24-24,
IN THE AMOUNT OF $950,921.99
(4) APPROVE WIRE TRANSFER NOS.
3056 THROUGH 3059 AND WARRANT NOS.
596901 THROUGH 597071, PAID ON
5-31-24, IN THE AMOUNT OF $1,818,427.52
TOTAL WARRANT REGISTER $5,169,237.55
AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None

Page 17 of 25 ends

56 City Council Adjourned Regular Meeting Minutes June 18, 2024 Payroll Register
Motion by Mayor Pro Tem Enmeier, second by Councilmember Knoblock, CARRIED 5-0, to approve:

WARRANT NO. 933, AUTOMATIC DEPOSIT
ADVISES 94010 THROUGH 94367,
FOR THE PERIOD 4-29-24 THROUGH 5-12-24,
PAID ON 5-17-24, IN THE AMOUNT OF $520,404.67
WARRANT NOS. 934 THROUGH 936 AND
AUTOMATIC DEPOSIT ADVISES 94368
THROUGH 94734, FOR THE PERIOD
5-13-24 THROUGH 5-26-24, PAID
ON 5-31-24, IN THE AMOUNT OF $495,678.49
TOTAL PAYROLL REGISTER $1,016,083.16
AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None
11D. CONSIDERATION OF A RESOLUTION APPROVING REVISED SALARY

SCHEDULE AND STAFFING CHANGES WITH THE ADOPTED FISCAL
YEARS 2024-25 AND 2025-26 BUDGET
Motion by Mayor Pro Tem Enmeier, second by Councilmember Knoblock, CARRIED 5-0, to adopt Resolution No. 24-94 entitled A RESOLUTION OF THE

CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, ADOPTING

REVISED SALARY SCHEDULE AND NEW CLASSIFICATIONS AND
AMENDING RESOLUTION NO. 24-22 AND ANY OTHER RESOLUTIONS IN CONFLICT THEREWITH.

AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None
11F. DECLARATION OF SURPLUS AND DISPOSITION OF RETIRED FLEET

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

Adopt Resolution No 24-96, which will:

1. Declare the vehicles and equipment listed on Attachment 1 to the Administrative Report dated June 18, 2024, as surplus.

2. Authorize the disposition of surplus property using Ken Porter Auctions pursuant to Policy No. 201-2-4.

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

Page 18 of 25 ends

57 City Council Adjourned Regular Meeting Minutes June 18, 2024 11G. CONSIDERATION OF A RESOLUTION APPROVING OCEAN PROTECTION COUNCIL SB1 ADAPTATION PLANNING GRANT APPLICATION TO

SUPPORT IMPLEMENTATION OF COASTAL RESILIENCY PLAN AND

LOCAL COASTAL PROGRAM
Motion by Mayor Pro Tem Enmeier, second by Councilmember Knoblock, CARRIED 5-0, to adopt Resolution No. 24-97 entitled A RESOLUTION OF THE

CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA,

AUTHORIZING SUBMITTAL OF AN APPLICATION TO THE CALIFORNIA OCEAN PROTECTION COUNCIL FOR A SB1 ADAPTATION PLANNING
GRANT TO SUPPORT IMPLEMENTATION OF THE CITY’S COASTAL
RESILIENCY PLAN AND LOCAL COASTAL PROGRAM.

AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None
11H. CONSIDERATION OF A RESOLUTION AUTHORIZING A PROJECT X TIER 2

GRANT SUBMITTAL TO ORANGE COUNTY TRANSPORTATION

AUTHORITY (OCTA)
Motion by Mayor Pro Tem Enmeier, second by Councilmember Knoblock, CARRIED 5-0, to adopt Resolution No. 24-98 entitled A RESOLUTION OF THE

CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA,

AUTHORIZING AN APPLICATION FOR FUNDS FOR THE ENVIRONMENTAL CLEANUP, TIER 2 GRANT PROGRAM UNDER ORANGE COUNTY LOCAL TRANSPORTATION ORDINANCE NO. 3 FOR THE POCHE BEACH WATER RECLAMATION PROJECT.

AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None
11I. CONTRACT AMENDMENT - DEFINED BENEFIT SERVICES
Motion by Mayor Pro Tem Enmeier, second by Councilmember Knoblock, CARRIED 5-0, to:

Adopt Resolution 24-99, which will:

1. Approve, and authorize the City Manager to execute, Amendment No. 3 to Contract No. C17-35, by and between the City of San Clemente and Milliman, Inc., extending the services for one (1) year for defined benefit services, in an amount not exceed $35,200.

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

Page 19 of 25 ends

58 City Council Adjourned Regular Meeting Minutes June 18, 2024 11J. CONTRACT AMENDMENT - ONE-YEAR EXTENSION TO THE SCRIDES

AGREEMENTS WITH LYFT AND BUTTERFLI AND FINDING THE PROJECT

STATUTORILY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL

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

Adopt Resolution No. 24-100, which will:

1. Find the project statutorily exempt from the California Environmental Quality Act (CEQA) under Public Resources Code section 21080(b)(10).

2. Approve, and authorize the City Manager to execute, Contract AC-775, by and between the City of San Clemente and Lyft, to extend the SCRides Program for an additional year through June 30, 2025.

3. Approve, and authorize the City Manager to execute, Amendment No. 3 to Contract AC-775, by and between the City of San Clemente and Butterfli, to extend the SCRides Program for an additional year through June 30, 2025.

AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None
11K. CONSIDERATION OF A RESOLUTION APPROVING A FIVE YEAR LEASE FOR THE CITY OWNED COMMERCIAL BUILDING LOCATED AT 1100 N. EL CAMINO REAL (APN 692-393-01)
Motion by Mayor Pro Tem Enmeier, second by Councilmember Knoblock, CARRIED 5-0, to:

Adopt Resolution No. 24-101, which will:

1. Approve five year lease agreement, provided as Attachment 2 to the Administrative Report dated June 18, 2024, for the lease by and between the City of San Clemente and Trestles Property Management, LLC.

2. Approve, and authorize the City Manager to execute, Contract No. C24-31, by and between the City of San Clemente and Trestles Property Management, LLC., for a 5 year lease agreement for a base rent of $3,724 per month, with 3% increases annually, and including the commission for consultant real estate services not to exceed 6% of gross lease.

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

Page 20 of 25 ends

59 City Council Adjourned Regular Meeting Minutes June 18, 2024 11L. CONTRACT AWARD - LEASE OF 1030 CALLE NEGOCIO (APN - 688-142-35) Motion by Mayor Pro Tem Enmeier, second by Councilmember Knoblock, CARRIED 5-0, to:

Adopt Resolution No. 24-102, which will:

1. Award the Professional Services Agreement, provided as Attachment 2 to the Administrative Report dated June 18, 2024, for Commercial Real Estate Consulting services with Wynne CRE, Inc.

2. Approve, and authorize the City Manager to execute, Contract No. C24-32, by and between the City of San Clemente and Wynne CRE, Inc., provided as Attachment 2 to the Administrative Report dated June 18, 2024, for an amount not to exceed 6% of total rent for the length of the lease term.

AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None
11M. CONTRACT AWARD - TROLLEY OPERATION SERVICES, IN A COMBINED AMOUNT NOT TO EXCEED $2,416,757.88 FOR THREE YEARS AND

FINDING THE PROJECT STATUTORILY EXEMPT FROM THE CALIFORNIA

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

Adopt Resolution 24-103, which will:

1. Find the project statutorily exempt from the California Environmental Quality Act (CEQA) under Public Resources Code section 21080(b)(10).

2. Approve, and authorize the City Manager to execute, Contract No. C24-33, by and between the City of San Clemente and LAZ Parking California LLC, providing for Red & Blue Line Operations, in an amount not to exceed a total of $1,871,665.80 for three years.

3. Approve, and authorize the City Manager to execute, Contract No. C24-34, by and between the City of San Clemente and LAZ Parking California LLC, providing for Green Line Operations in an amount not to exceed a total of $545,092.08 for three years.

4. Authorize the City Manager to execute two (2) one year optional extensions.

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

Page 21 of 25 ends

60 City Council Adjourned Regular Meeting Minutes June 18, 2024 11N. CONTRACT AWARD - CONTINUE SOLID WASTE HANDLING SERVICES

FOR FOUR MONTHS WHILE AN AMENDED AND RESTATED AGREEMENT

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

Adopt Resolution No. 24-104, which will:

1. Approve, and authorize the City Manager to execute, Amendment No. 3 to Contract No. C87-62, by and between the City of San Clemente and CR&R Incorporated, to continue Solid Waste Handling services for four months while an Amended and Restated Agreement is finalized.

AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None
11O. CONTRACT AWARD - PAVEMENT PRESERVATION PROGRAM - UTILITY

ADJUSTMENTS AND FINDING THE PROJECT CATEGORICALLY EXEMPT

FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
Motion by Mayor Pro Tem Enmeier, second by Councilmember Knoblock, CARRIED 5-0, to:

Adopt Resolution No. 24-105, which will:

1. Find the Pavement Preservation Program Utility Adjustments, CIP Project No. 13321, categorically exempt from the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities, 14 CCR section 15301) of the State CEQA Guidelines.

2. Award the Pavement Preservation Program Utility Adjustments, contract to EBS Utilities Adjusting, Inc.

3. Approve, and authorize the City Manager to execute, Contract No. C24-35, by and between the City of San Clemente and EBS Utilities Adjusting, Inc., providing for the Pavement Preservation Program Utility Adjustments, in an amount not to exceed $74,185, in a form substantially similar to Contract No. 24- 35(Attachment 3).

4. Approve a 10% construction contingency of $7,418 for this project.

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

Page 22 of 25 ends

61 City Council Adjourned Regular Meeting Minutes June 18, 2024 11P. CONTRACT AWARD - PURCHASE AND INSTALLATION OF STORM DRAIN

TRASH CAPTURE DEVICES FOR THE AVENIDA PICO AND SAN CLEMENTE

OUTLETS CORRIDOR RUNOFF TREATMENT PROJECT AND FINDING THE

PROJECT CATEGORICALLY EXEMPT FROM THE CALIFORNIA

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

Adopt Resolution No. 24-106, which will:

1. Find the Avenida Pico and San Clemente Outlets Corridor Runoff Treatment Project, Project No. 23805, categorically exempt from the California Environmental Quality Act (CEQA) under Class 1 (Existing facilities, 14 CCR Section 15301) of the State CEQA Guidelines.

2. Award the Avenida Pico and San Clemente Outlets Corridor Runoff Treatment Project, contract to G2 Construction, Inc.

3. Approve, and authorize the City Manager to execute, Contract No. C24-36, by and between the City of San Clemente and G2 Construction, Inc., providing for the Avenida Pico and San Clemente Outlets Corridor Runoff Treatment Project, in an amount not to exceed $410,000, in a form substantially similar to Contract No. C24-36 (Attachment 6).

AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None
11Q. CONTRACT AWARD - CITY HALL STANDBY GENERATOR ADDITION AND ELECTRICAL DISTRIBUTION SYSTEM UPGRADE AND APPROVING A 15%

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

Adopt Resolution No. 24-107, which will:

1. Demand strict compliance with the bid documents and reject the bid submitted by Potential Electrical Design Services, Inc. as non responsive.

2. Award the City Hall Standby Generator Addition and Electrical Distribution System Upgrade, CIP Project No. 14812, construction contract to ACE Capital Engineering, Inc., as the lowest responsible and responsive bidder.

3. Approve, and authorize the City Manager to execute, Contract No. C24-37, by and between the City of San Clemente and ACE Capital Engineering, Inc., providing for the City Hall Standby Generator Addition and Electrical Distribution System Upgrade, in the amount of $551,994, in a form substantially similar to Contract No. C24-37 (Attachment 3).

Page 23 of 25 ends

62 City Council Adjourned Regular Meeting Minutes June 18, 2024

4. Approve a 15% project contingency in the amount of $82,800.

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

ITEMS REMOVED FROM CONSENT CALENDAR FOR DISCUSSION
11E. CONSIDERATION OF AMENDMENTS TO REGULATORY AGREEMENTS

AND DECLARATION OF COVENANTS AND RESTRICTIONS,

SUBORDINATIONS TO NEW TAX EXEMPT BONDS, AND

RESUBORDINATIONS RELATED TO EXISTING LOANS WITH RESPECT TO

THE MENDOCINO AT TALEGA I AND II APARTMENTS AFFORDABLE

HOUSING PROJECT
Administrative Services Director Brower reviewed the contents of the Administrative Report and, along with Vicki Rodriguez with Jamboree Housing, responded to City Council inquiries.

Motion by Councilmember Duncan, second by Mayor Pro Tem Enmeier, CARRIED 5-0, to adopt Resolution No. 24-95, A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, APPROVING

THE PROPOSED RESYNDICATION PLAN FOR MENDOCINO AT TALEGA I AND II APARTMENTS AFFORDABLE HOUSING PROJECT.

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

12. Oral Communications (Part 2)
None.

13. Future Agenda Items
None.

14. Reports
A. Commissions and Committees
None.

B. Council Subcommittee Updates
None.

C. City Attorney
None.

Page 24 of 25 ends

63 City Council Adjourned Regular Meeting Minutes June 18, 2024 D. City Manager
City Manager Hall reported that he executed the following contracts under his signature authority:

1. California Consulting providing for Grant Writing and Grant Management in the amount of $25,000

2. O’Connell Engineering and Construction providing for the Orange County Sheriff's Department Secure Parking in the amount of $49,875.

3. 34th Street Inc. DBA 34th Street Consulting providing for Conflict Resolution and Team Building in the amount of $10,000.

15. Adjournment
By Council consensus, CARRIED 5-0, to adjourn in memory of Janet Dunford, Orange County Sheriffs Department Crime Prevention Specialist, to an Adjourned Regular City Council Meeting to be held on July 17, 2024. Closed Session will begin at 5:00 p.m. and the Regular Business Meeting will begin at 6:00 p.m. The meeting will take place in the Council Chambers, located at 910 Calle Negocio, 2nd Floor, San Clemente.
_______________________________
MAYOR of the City of
San Clemente, California
_______________________________
CITY CLERK of the City of
San Clemente, California

Page 25 of 25 ends

64 910 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: July 17, 2024 Agenda Item: (1)
65 66
67 68
69 70
71 910 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: July 17, 2024 Agenda Item: (2)
Submitted By: Choose an item.

Prepared By:

Subject:
..titl e
DESIGN REVIEW SUBCOMMITTEE MEETING MINUTES OF APRIL 24, 2024 ..body Fiscal Impact:

Summary:

Background:

Council Options:

Environmental Review/Analysis:

Recommended Actions:

Staff Recommendation ..recommendation
..end
Attachment:

Notification:
72 73
74 910 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: July 17, 2024 Agenda Item: (3)
Submitted By: Choose an item.

Prepared By:

Subject:
..titl e
PLANNING COMMISSION REGULAR MEETING MINUTES OF MAY 22, 2024 ..body Fiscal Impact:

Summary:

Background:

Council Options:

Environmental Review/Analysis:

Recommended Actions:

Staff Recommendation ..recommendation
..end
Attachment:

Notification:
75 These minutes will be considered for approval at the Planning Commission meeting of 6-26-2024.

MINUTES OF THE REGULAR MEETING

OF THE CITY OF SAN CLEMENTE

PLANNING COMMISSION
May 22, 2024 @ 6:00 p.m.

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

CALL TO ORDER
Chair Cosgrove called the Regular Meeting of the Planning Commission of the City of San Clemente to order at 6:15 p.m. The meeting was offered in person at San Clemente City Hall Council Chambers, 910 Calle Negocio, San Clemente, California, 92673, and also via live stream from the City’s YouTube Channel.

2. PLEDGE OF ALLEGIANCE
Chair Pro Tem McCaughan led the Pledge of Allegiance.

3. ROLL CALL
Commissioners Present: Barton Crandell; Scott McKhann; Karen Prescott-Loeffler; Chair Pro Tem Gary P. McCaughan, M.D.; Chair Cameron Cosgrove Commissioners Absent: Brent Davis; Vice Chair M. Steven Camp Staff Present: Jonathan Lightfoot, City Planner
Christopher Wright, Lead Project Planner
Zach Rehm, Senior Planner
David Carrillo, Associate Planner
Gena Burns, Deputy City Attorney
These minutes reflect the order in which items appeared on the meeting agenda and do not necessarily reflect the order in which items were actually considered.

4. SPECIAL ORDER OF BUSINESS/SPECIAL PRESENTATION
None

5. MINUTES
A. Minutes from the Regular Meeting of the Planning Commission of May 8, 2024.

IT WAS MOVED BY COMMISSIONER CRANDELL, SECONDED BY CHAIR PRO TEM MCCAUGHAN, AND CARRIED 5-0, COMMISSIONER DAVIS AND 76 Minutes of Regular Planning Commission Meeting of May 22, 2024 Page 2 VICE CHAIR CAMP ABSENT, to receive and file the minutes from the May 8, 2024, Planning Commission Regular Meeting as revised.

6. ORAL AND WRITTEN COMMUNICATION
None

7. CONSENT CALENDAR
A. General Plan Consistency Findings Fiscal Years 2025/2026 Capital Improvement Program (CIP)
A request for the Planning Commission to find the Fiscal Years 2025/2026 Capital Improvement Program is consistent with the Centennial General Plan.

This item is exempt from the California Environmental Quality Act (CEQA). It is not a “project” as defined in State CEQA Guidelines Section 15378. The activity is limited to administrative activities and organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.

IT WAS MOVED BY CHAIR PRO TEM MCCAUGHAN, SECONDED BY
COMMISSIONER PRESCOTT-LOEFFLER, AND CARRIED 5-0,
COMMISSIONER DAVIS AND VICE CHAIR CAMP ABSENT, to approve the Consent Calendar.

8. PUBLIC HEARING
A. Continued Public Hearing: Project (PHP) 23-083, Sea Cliff Hotel & Restaurant, 402 Pasadena Court
The Planning Commission will consider the development of an eleven-unit boutique motel and a restaurant with 25 outdoor seats at a historic property located at 402 Pasadena Court within the Pier Bowl. The project preserves the existing historic four-level residence and portions of the garden, including the fountains, and rehabilitates the runnel and lower terrace patio. Two new buildings are proposed on the southern portion of the property and a new garage is provided with access from Avenida Victoria.

The Planning Commission will also consider whether the project is categorically exempt from CEQA pursuant to State CEQA Guidelines 14 CCR §15301, Class 1: Existing Facilities, §15303, Class 3(c) New construction of small structures including motels with under 10,000 square feet of floor area; and §15332, Class 32: In-Fill Development Projects.

City Planner Lightfoot informed the Planning Commission that the applicant requested another continuance, and explained the re-noticing of the hearing. 77 Minutes of Regular Planning Commission Meeting of May 22, 2024 Page 3

IT WAS MOVED BY COMMISSIONER MCKHANN, SECONDED BY
COMMISSIONER PRESCOTT-LOEFFLER, AND CARRIED 5-0,
COMMISSIONER DAVIS AND VICE CHAIR CAMP ABSENT, to continue the hearing to June 5, 2024.

9. NEW BUSINESS
A. Interpretation (INT) 24-045, Caretaker’s Unit on Shorecliffs Golf Course A request to interpret a golf course caretaker’s unit allowed within the Sector G Coastal Zone area of the Forster Ranch Specific Plan.

This item is exempt from the CEQA. It is not a “project” as defined in State CEQA Guidelines Section 15378. The activity is limited to general policies and procedure-making that will not result in direct or indirect physical changes in the environment.

Lead Project Planner Wright indicated the applicant was requesting totable the matter to a date uncertain to work with staff and consider changing their application.

IT WAS MOVED BY CHAIR COSGROVE, SECONDED BY CHAIR PRO TEM MCCAUGHAN, AND CARRIED 5-0, COMMISSIONER DAVIS AND VICE CHAIR CAMP ABSENT, to table the matter to a date uncertain.

10. OLD BUSINESS
None

11. REPORTS OF COMMISSIONERS AND STAFF
A. Tentative Future Agenda
City Planner Lightfoot reminded the Commission of expiring terms, the application deadline and interview dates. He informed the Commission that the Planning Commission’s vote on the Moses residence on Avenue La Cuesta had been appealed and he anticipated it to be heard at the Council’s second meeting in June. He provided an update on the Local Coastal Plan (LCP) grant application and transition to SB1 Ocean Protection Council grant, which would be used for ongoing site, search and selection of sand sources; staff augmentation; and geotechnical and parking issues.

In response to Chair Cosgrove, City Planner Lightfoot explained that the LCP Land Use Plan was completed but the Implementation Plan was not yet done, and once done Coastal Development permits would be issued by the City with the Coastal Commission retaining appeal authority. He explained statewide ongoing discussions of the definition of existing development in the Coastal Zone and the City’s desire for resolution of litigation prior to moving forward. 78 Minutes of Regular Planning Commission Meeting of May 22, 2024 Page 4 In response to Chair Cosgrove, City Planner Lightfoot stated the coastal bluffs would likely be within the appeal zone of Coastal Commission.

In response to Commissioner Crandell, City Planner Lightfoot provided an update on the Miramar project, indicating there was no intent for any work to cease and that the transition in ownership would most likely not affect use.

City Planner Lightfoot discussed upcoming projects of interest including the Bluffs at Boca and Hotel San Clemente. He alerted the Commission that he would be out of office next week.

Commissioner Prescott-Loeffler requested a construction schedule for Miramar. City Planner Lightfoot stated he would request a schedule but the City could not really hold them to it unless the building permit expired. He stated there were leases in place for the bowling alley and theater and construction delays would be a civil matter.

In response to Commissioner McKhann, City Planner Lightfoot provided an update on the sand replenishment project and stated they were pleased with the quality of sand on the second effort.

B. Administrative Development Permit Report

12. ADJOURNMENT

THERE BEING NO OTHER BUSINESS BEFORE THE COMMISSION, IT WAS

MOVED BY COMMISSIONER MCKHANN, SECONDED BY COMMISSIONER PRESCOTT-LOEFFLER, AND CARRIED 5-0, COMMISSIONER DAVIS AND VICE CHAIR CAMP ABSENT, TO ADJOURN THE MEETING AT 6:45 P.M. TO THE

REGULAR PLANNING COMMISSION MEETING TO BE HELD IN-PERSON ON JUNE 5, 2024, AT 6:00 P.M., AT THE SAN CLEMENTE CITY HALL COUNCIL CHAMBERS LOCATED AT 910 CALLE NEGOCIO, 2
nd FLOOR, SAN CLEMENTE,
CALIFORNIA.

Respectfully submitted,
Cameron Cosgrove, Chairman
Attest:

Jonathan Lightfoot, City Planner
79 910 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: July 17, 2024 Agenda Item: (4)
Submitted By: Choose an item.

Prepared By:

Subject:
..titl e
PLANNING COMMISSION REGULAR STUDY SESSION MINUTES OF MAY 22, 2024. ..body
Fiscal Impact:

Summary:

Background:

Council Options:

Environmental Review/Analysis:

Recommended Actions:

Staff Recommendation ..recommendation
..end
Attachment:

Notification:
80 These minutes will be considered for approval at the Planning Commission meeting of 6-26-2024.

MINUTES OF THE STUDY SESSION

OF THE CITY OF SAN CLEMENTE

PLANNING COMMISSION
May 22, 2024 @ 5:00 p.m.

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

CALL TO ORDER
Chair Cosgrove called the Study Session of the Planning Commission of the City of San Clemente to order at 5:00 p.m. The meeting was offered in person at San Clemente City Hall Council Chambers, 910 Calle Negocio, San Clemente, California, 92673, and also via live stream from the City’s YouTube Channel.

ROLL CALL
Commissioners Present: Barton Crandell; Scott McKhann; Chair Pro Tem Gary P.

McCaughan, M.D., Chair Cameron Cosgrove
Commissioners Absent: Brent Davis; Karen Prescott-Loeffler; and Vice Chair M. Steven Camp
Staff Present: Jonathan Lightfoot, City Planner
Zachary Ponsen, Assistant City Engineer
Christopher Wright, Lead Project Planner
Zach Rehm, Senior Planner
David Carrillo, Associate Planner
John Ciampa, Contract Planner
Gena Burns, Deputy City Attorney
These minutes reflect the order in which items appeared on the meeting agenda and do not necessarily reflect the order in which items were actually considered.

A. San Clemente Sidewalk Program
A discussion on the City’s program for sidewalks in regards to Municipal Code requirements, project conditions of approval, and the design considerations for implementing policies and requirements.

Assistant City Engineer Ponsen presented a PowerPoint outlining the sidewalk program including methods of obtaining new sidewalk; historic tile sidewalk areas; types of tile allowed; and various sidewalks throughout the City.

Commissioner Crandell stated the only neighborhood with consistent sidewalks was El Camino at Surf Zone; historic tiles could not be duplicated; and need to be uniform, 81 Minutes of Planning Commission Study Session of May 22, 2024 Page 2 available and reasonability priced. He questioned whether it was Historic Society desire and if it changed the City’s character to have red sidewalks. He suggested the practical approach was to allow concrete sidewalks with five- or six-foot expansion joints. Assistant City Engineer Ponsen explained that the red tile was determined as a historic resource. He displayed images of patchwork repairs and discussed the expensive cost of tile and failure of the historic tile. He discussed the staff time required to manage the 50-50 cost share of trip hazard repairs.

Commissioner McKhann confirmed that driveway approaches and sidewalks required an encroachment permit required Class A or C8 and discussed associated costs.

Assistant City Engineer Ponsen stated requirements prohibited Class B licensees to pour public concrete due to licensing board standards.

Chair Pro Tem McCaughan discussed the mismatch HOA areas. Assistant City Engineer Ponsen stated the mismatched areas were El Camino Real and the Southwest area. Chair Pro Tem McCaughan suggested against retaining tile in the residential areas. Assistant City Engineer Ponsen explained that sidewalks were not required in older developments and were now inconsistently required.

Lead Project Planner Wright discussed the 2006 reassessment of historic tile and the consultant recommendation that tiles were a historic site versus historic structure. He explained that the Council could initiate a new assessment, with potential environmental review, to consider removing historic tile as a historic site.

In response to Chair Cosgrove, Assistant City Engineer Ponsen stated residents were surprised by the requirement and inconsistency. Chair Cosgrove indicated there was value to consistency and asked if it was a problem that needed fixing. He suggested simplification, since the current result was eclectic, confusing and arbitrary.

Chair Pro Tem McCaughan discussed the complicated matter and changes to building and street designs over the last 100 years.

Chair Cosgrove suggested a clear set of rules that were reasonable and consistent.

Assistant City Engineer Ponsen suggested determining a plan for consistency, and an option for tile west of the 5 Freeway.

Lead Project Planner Wright explained the Strategic Implementation Program (SIP) outlines Council project priorities for staff to pursue on with staff time not devoted to ongoing operations. The Planning Commission could forward a recommendation to Council to prioritize a project for sidewalks. In the short-term, one option is for the Council to update sidewalk policy to standardize which material should be used. The long-term solution is to address sidewalks when the Design Guidelines are updated.

Assistant City Engineer Ponsen stated the sidewalk policy needed to be updated.

Chair Cosgrove indicated the Planning Commission was available to support staff in cleaning up the policy.
82 Minutes of Planning Commission Study Session of May 22, 2024 Page 3 In response to Commissioner Crandell, City Planner Lightfoot discussed means of obtaining Council authorization.

Commissioner McKhann suggested grey concrete for consistency.

ADJOURNMENT

THERE BEING NO OTHER BUSINESS BEFORE THE COMMISSION, IT WAS

MOVED BY COMMISSIONER MCKHANN, SECONDED BY CHAIR PRO TEM MCCAUGHAN, AND APPROVED 4-0, COMMISSIONERS DAVIS, PRESCOTTLOEFFLER, AND VICE CHAIR CAMP TO ADJOURN THE MEETING AT 6:04 P.M.

TO THE REGULAR PLANNING COMMISSION MEETING TO BE HELD IN-PERSON ON JUNE 5, 2024, AT 6:00 P.M., AT THE SAN CLEMENTE CITY HALL COUNCIL CHAMBERS LOCATED AT 910 CALLE NEGOCIO, 2
nd FLOOR, SAN CLEMENTE,
CALIFORNIA.

Respectfully submitted,
Cameron Cosgrove, Chairman
Attest:

Jonathan Lightfoot, City Planner
83 910 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: July 17, 2024 Agenda Item: (5)

..ag endizedby
..end
Subject:
..titl e
PUBLIC SAFETY COMMITTEE REGULAR MEETING MINUTES OF MAY 28, 2024 ..body ..recommendation
..end
84 85
86 87
88 89
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: July 17, 2024 Agenda Item: (6)
Submitted By: Choose an item.

Prepared By:

Subject:
..titl e
DESIGN REVIEW SUBCOMMITTEE MEETING MINUTES OF MAY 29, 2024 ..body Fiscal Impact:

Summary:

Background:

Council Options:

Environmental Review/Analysis:

Recommended Actions:

Staff Recommendation ..recommendation
..end
Attachment:

Notification:
90 91
92 93
94 910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: July 17, 2024 Agenda Item: (7)
Submitted By: Choose an item.

Prepared By:

Subject:
..titl e
ZONING ADMINISTRATOR REGULAR MEETING MINUTES OF JUNE 6, 2024 ..body Fiscal Impact:

Summary:

Background:

Council Options:

Environmental Review/Analysis:

Recommended Actions:

Staff Recommendation ..recommendation
..end
Attachment:

Notification:
95 CITY OF SAN CLEMENTE

MINUTES OF THE REGULAR MEETING

OF THE ZONING ADMINISTRATOR
JUNE 6, 2024
San Clemente City Hall
First Floor Community Room
910 Calle Negocio
San Clemente, California 92673

1. CALL TO ORDER
Zoning Administrator Adam Atamian called the Regular Meeting of the City of San Clemente Zoning Administrator to order on May 23, 2024 at 3:03 p.m. The meeting was held in the First Floor Community Room of City Hall, 910 Calle Negocio, San Clemente, California.

Staff Present: Adam Atamian, Zoning Administrator
David Carrillo, Associate Planner
Alexis Gruszczynski, Planning Intern
Tamara Tatich, Office Specialist

2. MINUTES
A. Received and filed Minutes from the Zoning Administrator Regular Meeting of May 23, 2024.

3. ORAL AND WRITTEN COMMUNICATION
None.

4. PUBLIC HEARING
A. Temporary Use Permit 24-212, PPA Tour Pickleball Tournament, 111 Avenida Montana
A request for a 7-day special activity for a pickleball tournament at Lifetime Fitness, from June 24, 2024 to June 30, 2024, between 7am and 9pm daily and hosting up to 1,000 daily guests.

The Zoning Administrator will also consider whether the project is categorically exempt from CEQA pursuant to State CEQA Guidelines §15304 (Class 4e: Minor Alterations to Land: Minor temporary use of land having negligible or no permanent effects on the environment, including carnivals, sales of Christmas trees, etc.).

Associate Planner David Carrillo summarized the staff report, and introduced Bri Stevens, applicant and representative of Lifetime Fitness; and Haley Brezack, PPA representative who were available to answer any questions.
96 Minutes of the Zoning Administrator Regular Meeting May 23, 2024 Page 2 Zoning Administrator Atamian asked the applicants if they had anything to add to the staff report, and Ms. Stevens stated that they took previous events and situations into consideration when they organized the December 2023 tournament, which went smoothly compared to the June 2023 event. Ms. Stevens continued to say that they are listening to the community and believe this event will be even better.

Zoning Administrator Atamian opened the public hearing.

Mr. Fred W. Yeilding, neighboring resident expressed displeasure and safety concerns with excessive noise levels, and requested decibels measurements during the event.

Zoning Administrator Atamian thanked Mr. Yeilding for his comments and acknowledged that he received his letter. Zoning Administrator Atamian also stated that he received another letter after the December event with the same concerns in addition to traffic and parking issues.

Zoning Administrator Atamian asked the applicants how many professional players will be parking at the Latter-Day Saints parking area, which Ms. Steven stated up to one hundred. Zoning Administrator Atamian asked about set up and tear down for the Monday through Sunday event. Ms. Brezack stated that the set-up is a week before. That Monday is the smallest group for qualifying rounds of play with no spectators. Tuesday is largest attendance and the following days decreases until the final sixteen professionals play on Sunday’s finals.

Ms. Brezack stated that parking at the church will be Monday through Saturday, and not on Sunday so not to interfere with church services.

Zoning Administrator Atamian relayed a suggestion that was raised after the last event that PPA should use more and bigger buses to transport people. It was noticed that attendees waited up to an hour to and from the Outlets. Ms. Brezack stated that the timing to and from San Clemente High School, which is the main shuttle lot this year, is no more than twenty minutes. Ms. Brezack stated that the usual wait should be approximately ten minutes for normal traffic flow; however, it could be up to a twenty-minute wait during an influx at the start of play or end of the day. Ms. Brezack said that they are working with a professional shuttle company that has been performing well at all their event nationally. Ms. Stevens detailed the type of traffic flow and times.

Zoning Administrator Atamian confirmed with the applicants that Monday is a very low attendance day, and that on Sunday there is a 97 Minutes of the Zoning Administrator Regular Meeting May 23, 2024 Page 3 potential of 984 spectators since there are sixteen players, as there is a 1,000 per day limit of guests.

Zoning Administrator Atamian stated that the Traffic Management Plan (TMP) worked well last year and the parking issues along Vista Montana were resolved. Zoning Administrator Atamian asked for an estimated time of completion for the 2024 TMP. Ms. Brezack said that they are using the same consultant as last year, so the only edits expected are relocating the shuttle to the high school since school is not in session. They are adding one to three new message boards to the plan.

Zoning Administrator Atamian asked for when the TMP will be submitted, and Ms. Brezack stated that June 12, 2024 was their deadline.

Zoning Administrator Atamian asked when public message boards were to be install. Ms.Brezack stated the requirement is 72-hours prior. Zoning Administrator Atamian stated that the message boards have previously been installed before Public Works approved the TMP, and requested that the message boards not be installed before approval, and to adjust the Condition to acknowledge the message board and traffic control in the right-of-way cannot occur until the TMP is approved.

Zoning Administrator Atamian asked if in the years past, specifically last December, were there attendants walking the parking perimeter along the streets. Ms. Stevens responded that the parking attendant and security guards were stationed at the top of the driveway to direct traffic, and they communicated to all members to park in the parking lot shuttle from the high school. Zoning Administrator Atamian asked if there is a way to message spectators that parking along the street is limited and that ticketing will occur. Ms. Brezack stated that they can email and include that information on the website.

In relation to the noise and understating how the sound reverberates up the canyon, Zoning Administrator Atamian added a Condition that limits the sound as it leaves the property to 65 decibels. Zoning Administrator Atamian stated that he’s not as concerned about the sound contained within the property, but asked what is in place to ensure the sound is not leaving the property. Ms. Stevens stated that part of last year’s PPA Tour Conditions, staff would periodically use a smartphone app to check the sound levels throughout the events.

They are going to do the same during this event.

Zoning Administrator Atamian asked when the sound system is going to be installed. Ms. Brezack stated that the system will be installed the weekend prior and won’t be used until Tuesday of the event. Zoning 98 Minutes of the Zoning Administrator Regular Meeting May 23, 2024 Page 4 Administrator Atamian asked what time and Ms. Brezack stated 8:00am to 9:00am, but it will be light use. The National Anthem will be sounded over the speakers. Qualifying on Monday might run earlier than 9:00am. Ms. Stevens added that Monday and Tuesday are qualifying for match play on Wednesday and Thursday.

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

Zoning Administrator Atamian thanks staff for a thorough report and the applicants for the additional information. Zoning Administrator Atamian stated he reviewed the reports and Resolution can make the findings for a Temporary Use Permit as Conditioned with a few modifications in that the proposed use is permitted within the subject zone; the site is suitable for the type and intensity of use, especially with the offsite parking being implemented for this event; the use will not be detrimental to the public safety, health and welfare, as evidence through offsite parking, the restrictions on sound, the provision of shuttles and the TMP and with the additional Condition of Approval; and the proposed use will not negatively impact surrounding land uses.

Zoning Administrator Atamian determined the project Categorically Exempt from CEQA pursuant to State CEQA Guidelines §15304 (Class 4e: Minor Alterations to Land: Minor temporary use of land having negligible or no permanent effects on the environment, including carnivals, sales of Christmas trees, etc.).

Action: The Zoning Administrator adopted Resolution ZA24-009, approving Temporary Use Permit 24-212, 2024 Summer PPA Tour Pickleball Tournament, 111 Avenida Montana, subject to the Conditions of Approval with the following modifications:
 Inclusion of staff’s recommended Condition that the applicant be required to submit an authorization letter for parking on the Church of Jesus Christ of Latter-Day Saints for Monday, June 24, 2024 through Saturday, June 29, 2024 prior to commencement of the event.
 An additional Condition that the applicant provide three busses Thursday through Sunday.
 The applicant shall not install any devices in the public right-of-way prior to the approval of The Traffic Management Plan.
 An additional Condition that the applicant provide posted signs to notice of parking restrictions and that ticketing will occur on the 99 Minutes of the Zoning Administrator Regular Meeting May 23, 2024 Page 5 streets within the Rancho San Clemente, primarily Vista Montana and Calle Aguila.
 In addition to 7.11 of the limitation of sound, A requirement that the applicant contact the city’s code compliance division on or about June 19, 2024 to schedule a time for code compliance staff to meet the event organizers to conduct a sound test to identify the calibration of the sound equipment such that the requirement of decibel limits is not exceeded, and that based on that test, the applicants will not increase the volume that was determined appropriate at that time.

B. Public Hearing Permit 24-135, Foundation Pilates, 1505 S. El Camino Real
A request for a Minor Conditional Use Permit (MCUP 24-138) to allow group instruction for Pilates with a maximum of eight students and one teacher at a commercial suite located at 1505 S. El Camion Real in the Neighborhood Commercial 2 Zoning District and Architectural and Affordable Housing Overlay Zone (NC2-A-AH).

The Zoning Administrator will also consider whether the project is categorically exempt from CEQA pursuant to State CEQA Guidelines §15301 (Class 1: Existing Facilities). Public Hearing Permit 24-135, Foundation Pilates, 1505 S. El Camino Real.

Intern Planner Alexis Gruszczynski summarized the staff report, and introduced Erin O’Brien and Justin Telles, applicants who were available to answer any questions.

Zoning Administrator Atamian opened the public hearing.

Zoning Administrator Atamian asked question relating to the space, parking and building that were answered to his satisfaction. Zoning Administrator Atamian asked how many instructors were on staff, and confirmed that only one instructor would be hosting classes at one time. Zoning Administrator Atamian confirmed that the applicant was aware that due to parking constraints, only one of the two rooms could be used at one time.

Zoning Administrator Atamian asked the applicants to explain the sound proofing of walls and amplified sound, which was to Zoning Administrator Atamian satisfaction.

Zoning Administrator Atamian visited the site, but was not able to access the space in its entirety, and asked about windows and doors being open during the proposed use. The applicants explained how 100
Minutes of the Zoning Administrator Regular Meeting May 23, 2024 Page 6 the space would be used, in that it was calm and low sound for relaxation.

Zoning Administrator Atamian read the Condition of Approval 7.30 related to sound, and added to the end of Condition 7.30, “only amplified, ambient background music is permitted in the mat room.” Having no further questions, Zoning Administrator Atamian closed the public hearing.

Zoning Administrator Atamian stated he can make the findings for a Minor Conditional Use Permit.

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

Action: The Zoning Administrator adopted Resolution ZA24-008, approving Minor Conditional Use Permit 24-138, Foundation Pilates, 1505 S. El Camino Real, subject to the Conditions of Approval with the modification of Condition 7.30.

5. NEW BUSINESS
None

6. OLD BUSINESS
None

7. ADJOURNMENT
The meeting adjourned at 3:55 p.m. to the Regular Meeting of the Zoning Administrator, which will be held Thursday, June 20, 20024 at 3:00 p.m. at Community Development Department, City Hall, First Floor Community Room, located at 910 Calle Negocio, San Clemente, California.

Respectfully submitted,

SAN CLEMENTE ZONING ADMINISTRATOR
__________________________________
Adam Atamian, Zoning Administrator
101
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: July 17, 2024 Agenda Item: (8)
Submitted By: Choose an item.

Prepared By:

Subject:
..titl e
ZONING ADMINISTRATOR REGULAR MEETING MINUTES OF JUNE 20, 2024 ..body Fiscal Impact:

Summary:

Background:

Council Options:

Environmental Review/Analysis:

Recommended Actions:

Staff Recommendation ..recommendation
..end
Attachment:

Notification:
102

CITY OF SAN CLEMENTE

MINUTES OF THE REGULAR MEETING

OF THE ZONING ADMINISTRATOR
JUNE 20, 2024
San Clemente City Hall
First Floor Community Room
910 Calle Negocio
San Clemente, California 92673

1. CALL TO ORDER
Zoning Administrator Adam Atamian called the Regular Meeting of the City of San Clemente Zoning Administrator to order on June 20, 2024 at 3:00 p.m. The meeting was held in the First Floor Community Room of City Hall, 910 Calle Negocio, San Clemente, California.

Staff Present: Adam Atamian, Zoning Administrator
Zach Rehm, Senior Planner

2. MINUTES
A. Minutes from the Zoning Administrator Regular Meeting of June 6, 2024.

Zoning Administrator Atamian received and filed the minutes for the regular meeting of June 6, 2024.

3. ORAL AND WRITTEN COMMUNICATION
None.

4. PUBLIC HEARING
a. Public Hearing Project 24-171, Anderson Residence, 111 Avenida Buena Ventura
The Zoning Administrator considered a request for a Development Permit (DP 24-180) and a Minor Exception Permit (MEP 24-172) to expand a nonconforming 1,120 sq. ft. single-family residence, addition of 714 sq. ft. living area, maintaining a legal nonconforming single car garage. The project would add a new 288 sq. ft. roof deck, new sidewalk, removal of a large street tree in the public right of way with replacement planting of three trees on the private property.

The Zoning Administrator also considered whether the project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines §15301 (Class 1: Existing Facilities) and §15303 (Class 3: New Construction Or Conversion Of Small Structures).
103
Minutes of the Zoning Administrator Regular Meeting June 20, 2024 Page 2 Senior Planner Zach Rehm summarized the staff report.

Zoning Administrator Atamian asked the applicant if he anything to add to the staff’s presentation. Rob Williams with Studio 6 Architects thanked Mr. Rehm on the report and stated that there were several conversations with Assistant City Engineer Zachary Ponsen, and that he provided a letter to Mr. Ponsen that will be filed with the City if a determination to remove the tree has been made.

Zoning Administrator Atamian opened the public hearing.

Mr. Howard Fischer, neighboring resident expressed support of the addition and removing the tree, and stated that while the tree is beautiful, it is a nuisance due to debris in the public right-of-way.

Zoning Administrator Atamian clarified with staff that there is side setback on the eastern property boundary that is non-conforming as stated in the staff report. Staff confirmed that the survey stated as such; however, staff based their analysis on the architectural site plan. The existing non-conformity is three-inches shy of the required four-and-onehalf-foot set back, which Zoning Administrator Atamian stated is very minimal.

Zoning Administrator Atamian confirmed with the applicant that the patio screening on the deck of the proposed second-story addition on the right side of the building is similar to louver blinds.

Zoning Administrator Atamian asked whether the tree removal and sidewalk waiver rewuest requires the City Manager’s approval, and if the applicant is asking for a sidewalk waiver. Mr. Williams stated that if the tree is to remain, then he will apply for a sidewalk waiver; however, what is proposed is to remove the tree and install an ADA sidewalk. The sidewalk would require an easement.

Zoning Administrator Atamian asked staff if the City Manager’s approval is required to remove a street tree, which staff confirmed and added that the City Manager must also make a Finding that the tree is either damaging a public utility that connects to a private utility, or that the tree is diseased or injured. Engineering found that the tree is damaging to utilities.

Zoning Administrator Atamian disclosed that he drove by the property and is familiar the area. Zoning Administrator Atamian stated that it does not appear that a sidewalk can be installed if the street tree is maintained.
104
Minutes of the Zoning Administrator Regular Meeting June 20, 2024 Page 3 Zoning Administrator Atamian asked Mr. Williams what was submitted to Engineering, which Mr. Williams responded a letter to Zachary Ponsen requesting to remove the tree. Zoning Administrator Atamian mentioned that there’s a fee for a sidewalk waiver, and then asked if a fee was discussed with this process, which Mr. Williams replied that nothing was discussed regarding fees other than the Zoning Administrator process.

Zoning Administrator Atamian is supportive of removing the tree in exchange for the benefit of installing a sidewalk with additional landscaping in the front yard. As the neighbor indicated, the tree is a public nuisance. Additionally, the proposed landscaping is an improvement, and the street frontage will benefit.

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

Zoning Administrator Atamian thanked staff for the detailed and informative report, and can make the Findings for the addition to the existing nonconforming structure in that the project complies with the San Clemente General Plan; the addition complies with the development standards of the zoning ordinance; and the architectural treatment complies with the architectural guidelines and the City’s Design Guidelines.

Zoning Administrator Atamian stated that he can make the Findings for the Minor Exception Permit in that it is necessary for the general appearance of the project to be in character with the neighborhood, and that other properties will not be adversely affected.

Action: The Zoning Administrator adopted Resolution ZA24-010, approving Development Permit 24-180 and Minor Exception Permit 24- 172, Anderson Residence, 111 Avenida Buena Ventura, subject to the Conditions of Approval; and is supportive of the removal of a street tree for the benefit of installing a sidewalk and additional landscaping to the front yard.

5. NEW BUSINESS
None
105
Minutes of the Zoning Administrator Regular Meeting June 20, 2024 Page 4

6. OLD BUSINESS
None

7. ADJOURNMENT
The meeting adjourned at 3:55 p.m. to the Regular Meeting of the Zoning Administrator, which will be held Thursday, July 18, 20024 at 3:00 p.m. at Community Development Department, City Hall, First Floor Community Room, located at 910 Calle Negocio, San Clemente, California.

Respectfully submitted,

SAN CLEMENTE ZONING ADMINISTRATOR
__________________________________
Adam Atamian, Zoning Administrator
106
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: July 17, 2024 Agenda Item: (1)
..ag endizedby
..end
Subject:
..titl e
Approve Wire Transfer Nos.
3060 through 3061 and Warrant Nos.
597072 through 597188, paid on
6-7-24, in the amount of $5,102,693.31
..end
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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: July 17, 2024 Agenda Item: (2)
..ag endizedby
..end
Subject:
..titl e
Approve Wire Transfer Nos.
3062 through 3067 and Warrant Nos.
597189 through 597385, paid on
6-14-24, in the amount of $890,524.22
..end
116
117
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120
121
122
123
124
125
126
127
128
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: July 17, 2024 Agenda Item: (3)
..ag endizedby
..end
Subject:
..titl e
Approve Warrant Nos.
597386 through 597544, paid on
6-21-24, in the amount of $990,772.71
TOTAL WARRANT REGISTER $6,983,990.24 ..end
129
130
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139
140
141
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: July 17, 2024 Agenda Item:
..ag endizedby
..end
Subject:
..titl e
Warrant No. 937, Automatic
Deposit Advises 94735 through
95116, for the period 5-27-24
through 6-9-24, paid on 6-14-24,
in the amount of $576,675.92
TOTAL PAYROLL REGISTER $576,675.92 ..end
142
143
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: July 17, 2024 Agenda Item: 11D.
144
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 145
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 146
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.
147
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:
148
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.
149
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
150
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: July 17, 2024 Agenda Item: 11E.

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

CONSIDERATION OF A RESOLUTION TO ACCEPT AND FILE A NOTICE OF COMPLETION FOR THE SIDEWALK REPAIRS AND IMPROVEMENTS, CIP PROJECT NOS. 24304 AND 22305 ..body
Fiscal Impact:

The total construction cost of $180,353 was within the approved construction budget of $207,030 from the General Fund, Account Numbers 001-416-45710-000-24304 and 001-416-45710-000- 22305.

Summary:

Before the City Council is a Resolution and Notice of Completion for the Sidewalk Repairs and Improvements. The project consisted of concrete repair work for sidewalk, curb and gutter, curb ramp, driveway approach, and replacing water meter boxes to rehabilitate concrete pavement in various locations within City limits.

Background:

On April 16, 2024, the City Council awarded a construction contract to CJ Concrete Construction, Inc. for the Sidewalk Repairs and Improvements. Improvements included paving missing sidewalk segments, reducing the sidewalk trip hazards for various locations and improved adjacent curb and gutter, curb ramps, and driveways.

Pre-Construction Post Construction
151
Meeting Date: July 17, 2024 Agenda Item: 11E.

CITY OF SAN CLEMENTE 2

Pre-Construction Post Construction
A summary of the total construction expenditures is provided below:

Construction Management and Inspection $ 14,900
Construction $165,453
Total Project Construction Cost $180,353
Council Options:
 Adopt Resolution No. 24-114, which would accept the completed Sidewalk Repairs and Improvements, CIP Project Nos. 24304 and 22305.
 Modify and adopt Resolution No. 24-114.
 Continue the item with direction to provide additional information.

Environmental Review/Analysis:

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

Recommended Actions:

Staff Recommendation ..recommendation
Staff recommends that the City Council Adopt Resolution No. 24-114, which will:

1. Accept the Sidewalk Repairs and Improvements, CIP Project Nos. 24304 and 22305, from CJ Concrete Construction, Inc.;

2. Authorize the Public Works Director to execute and record the Notice of Completion for the Sidewalk Repairs and Improvements, CIP Project Nos. 24304 and 22305; 152
Meeting Date: July 17, 2024 Agenda Item: 11E.

CITY OF SAN CLEMENTE 3

1. Resolution No. 24-114

2. Notice of Completion

3. Staff Report dated April 16, 2024 (without attachments) Notification:

None.
153
Attachment 1
RESOLUTION NO. 24-114

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, ACCEPTING AS

COMPLETE THE SIDEWALK REPAIRS AND
IMPROVEMENTS (CIP PROJECT NOS. 24304 AND 22305)
WHEREAS, on April 16, 2024, the City Council awarded a construction contract to CJ Concrete Construction, Inc. for Sidewalk Repairs and Improvements, CIP Project Nos. 24304 and 22305; and
WHEREAS, the work consisted of concrete pavement repairs for sidewalk, curb and gutter, curb ramp, and driveway approach; and
WHEREAS, CJ Concrete Construction, Inc. has completed the work to the satisfaction of the Public Works Director.

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

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

Section 2. That the City Council accepts as complete the Sidewalk Repairs and Improvements (CIP Project Nos. 24304 and 22305) from CJ Concrete Construction, Inc.

Section 3. That the City Council authorizes the Public Works Director to execute and the City Clerk to record a Notice of Completion for CIP Project Nos. 24304 and 22305.

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

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

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

PASSED AND ADOPTED this _____ day of ____________________, 2024. 154
Resolution No. 24-114 Page 2
ATTEST:
___________________________ __________________________
City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 24-114 was adopted at a regular meeting of the City Council of the City of San Clemente held on the _______ day of _______________________, _________, by the following vote:

AYES:

NOES:

ABSENT:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this _____ day of _________________, ________. __________________________
CITY CLERK of the City of
San Clemente, California
Approved as to form:
___________________________
Elizabeth A. Mitchell, City Attorney
155
Attachment 2
Recording Requested By:

City of San Clemente
When Recorded, Mail To:

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

Space above this line is for Recorder’s Use Only

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

1. Project title or description of work: Sidewalk Repairs and Improvements, CIP Project Nos. 24304 and 22305.

2. Date of completion: May 30, 2024.

3. Street address or legal description of the project site: Various sidewalks.

4. Name of owner: City of San Clemente.

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

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

7. Name and address of contractor: CJ Concrete Construction, Inc., 10142 Shoemaker Ave. Santa Fe Springs, CA 90670.

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

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

Executed on __________________________ in San Clemente, California. _________________________________
Dave Rebensdorf, Public Works Director / City Engineer
City of San Clemente
156
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING

CITY OF SAN CLEMENTE
Meeting Date: April 16, 2024 Agenda Item: 10L
Submitted By: Public Works
Prepared By: Masako Hennequin, Associate Civil Engineer Subject:
..titl e

CONSIDERATION OF A RESOLUTION AWARDING A CONSTRUCTION CONTRACT TO CJ CONCRETE CONSTRUCTION, INC. FOR SIDEWALK REPAIRS AND IMPROVEMENTS, CIP PROJECT NO. 24304, IN AN AMOUNT NOT TO EXCEED $165,620, AUTHORIZING THE CITY

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

The estimated total construction cost of $207,030 is within the approved budget amount of $300,000 from Account No. 001-416-45710-000-24304, FY2024 Sidewalk Repairs and Improvements in the amount of $150,000, and from Account No. 001-416-45710-000-22305, FY2022 Sidewalk Repairs and Improvements in the amount of $150,000.

Summary:

Before the City Council is the award of a construction contract to CJ Concrete Construction, Inc. in an amount not to exceed $165,620, and approving a 10% project contingency, for the Sidewalk Repairs and Improvements.

Background:

The proposed sidewalk repairs and improvements project includes concrete repair work for sidewalk, curb and gutter, curb ramp, driveway approach, cross gutter, and retaining curb to keep safe access for pedestrians throughout the City within the public right-of-way. Proposed sidewalk repair locations are listed on Attachment 2.

On March 14, 2024, staff reached out to local contractors, posted a notice inviting bids for this project on SC Times, and published a bid solicitation on PlanetBids. Bids were opened on March 28, 2024 and the results are presented in the table below. Bids range from $165,620 to $423,713.

There were no bidders from any businesses based in San Clemente. The lowest responsive and responsible bidder is CJ Concrete Construction, Inc. of Santa Fe Springs, California with a total bid amount $165,620.

Company Name Company Location Amount
CJ Concrete Construction, Inc. Santa Fe Springs, CA $165,620.00 Premo Construction, Inc. Irvine, CA $195,200.00
TVR Construction Engineering LLC Riverside, CA $274,600.00 SNZ Contractors, Inc. Irvine, CA $282,200.00
Gentry General Engineering, Inc. Colton, CA $285,490.00 Diamond Construction La Habra, CA $371,200.00
1571
Meeting Date: April 16, 2024 Agenda Item: 10L

CITY OF SAN CLEMENTE
CT&T Concrete Paving, Inc. Diamond Bar, CA $423,713.00
Based on the lowest bid, the total estimated project construction cost is $207,030 as summarized below:

Construction Administration, Management,
and Inspection $ 24,850
Construction 165,620
Contingency (10%) 16,560
Total Estimated Construction Cost $207,030
As required by state law and City policy, the Contractor will be required to provide performance and payment bonds simultaneously with execution of the construction contract (Attachment 3).

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

Council Options:
 Adopt Resolution No. 24-58 (Attachment 1), awarding the Sidewalk Repairs and Improvements contract to CJ Concrete Construction, Inc., authorizing the City Manager to execute a construction contract an amount not to exceed $165,620, approving a 10% project contingency of $16,562, and finding the project categorically exempt from CEQA under Class 1 (Existing Facilities, 14 CCR section 15301) of the State CEQA Guidelines.  Modify and adopt Resolution No. 24-58.
 Continue the item and direct staff to provide additional information.  Do not award the contract or construct the sidewalk improvements.

Environmental Review/Analysis:

This project is exempt from the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities, 14 CCR section 15301) of the State CEQA Guidelines because it consists of repairs to existing City facilities, involves negligible or no expansion of existing or former use and there is no possibility of a direct or reasonably foreseeable indirect effect on the environment.

Recommended Actions:
..recommendation
..recommendation
Staff recommends that the City Council adopt Resolution No. 24-58, which will:

1. Find the Sidewalk Repairs and Improvements, CIP Project No. 24304, categorically exempt from the CEQA under Class 1 (Existing Facilities, 14 CCR section 15301) of the State CEQA Guidelines;

2. Award the Sidewalk Repairs and Improvements, CIP Project No. 24304, contract to CJ Concrete Construction, Inc.;
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Meeting Date: April 16, 2024 Agenda Item: 10L

CITY OF SAN CLEMENTE

3. Authorize the City Manager to execute a contract with CJ Concrete Construction, Inc. in an amount not to exceed $165,620, in a form substantially similar to Contract No. 24-21 (Attachment 3) for the Sidewalk Repairs and Improvements, CIP Project No. 24304; and

4. Approve a 10% construction contingency of $16,560 for this project. ..end
Attachment:

1. Resolution No. 24-58

2. Proposed Sidewalk Repair Locations

3. Contract No. 24-21
Notification:

All bidders
1593
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: July 17, 2024 Agenda Item: 11F.

Submitted By: City Manager
Prepared By: Leslea Meyerhoff, Contract Coastal Administrator Subject:
..titl e

CONSIDERATION OF A RESOLUTION RATIFYING AMENDMENTS TO A PROFESSIONAL

SERVICES AGREEMENT WITH COASTAL FRONTIERS CORPORATION APPROVED ON MAY 7, 2024 FOR PHASE 1 OF REESTABLISHING A SAND COMPATIBILITY AND

OPPORTUNISTIC USE PROGRAM (SCOUP)
..body
Fiscal Impact:

The cost to initiate the first tasks remains unchanged in a not to exceed amount of $178,449 as approved at the May 7, 2024 City Council meeting.

Summary:

Following the City Council’s award of a professional services agreement to Coastal Frontiers Corporation to provide technical assistance to the City in support of the first phase in reestablishment of a SCOUP program in San Clemente, Coastal Frontiers requested revisions to the insurance provisions that differed from those appearing in the agreement approved by the City Council on May 7, 2024. In order to avoid delaying the start date, the agreement was executed with the changes requested by Coastal Frontiers (Attachment 2). Before the City Council now is a resolution ratifying the agreement with Coastal Frontiers in the modified form.

Background:

At the May 7, 2024 City Council meeting, item (9C) appeared before the City Council and was approved unanimously to proceed with the re-establishment of the City’s SCOUP program.

Following the meeting, Coastal Frontiers requested certain minor edits to the professional services agreement that had been approved by the City Council, which specifically were:

1. Deletion of Cyber Liability Insurance; and

2. Change from an “any auto” policy to an unspecified type of auto policy.

All other changes were minor and substantially similar in nature to the originally approved provisions.

Discussion:

In line with the City Council’s directive to prioritize the SCOUP project as a critical community initiative, the agreement with Coastal Frontiers was executed with the requested changes to continue to move the project along with all haste. These changes, thoroughly reviewed by City staff, bare no impact on the key terms or structure of the agreement and were minor in nature.

The changes did not alter the substance, scope, or intent of the original agreement. Timely approval is crucial to maintain project momentum and avoid disruptions, ensuring seamless progress and maximizing the placement of quality sediments on San Clemente beaches. 160
Meeting Date: July 17, 2024 Agenda Item: 11F.

CITY OF SAN CLEMENTE 2
Therefore, staff recommends that the City Council ratify the agreement with Coastal Frontiers with the revisions.

Council Options:
 Adopt Resolution No. 24-115, ratifying the changes to the professional services agreement for Coastal Frontiers Corporation to provide technical assistance to the City of San Clemente in support of Phase 1 of the re-establishment of SCOUP in San Clemente.  Modify and adopt Resolution No. 24-115.
 Provide alternative direction.

Environmental Review/Analysis:

The amendment to the professional services agreement is not a “project” pursuant to 2024 State California Environmental Quality Act Guidelines section 15378. CEQA compliance would be required to support development of a SCOUP program for San Clemente and would occur in SCOUP Phase 2.

Recommended Actions:

Staff Recommendation
..recommendation
Staff recommends that the City Council adopt Resolution No. 24-115, which would:

1. Ratify the professional services agreement with Coastal Frontiers Corporation to provide technical assistance to the City in support of the re-establishment of SCOUP Phase 1 in its amended form as executed by the City Manager.
..end
Attachment:

1. Resolution No. 24-115

2. Amended Professional Services Agreement with Coastal Frontiers Corporation

3. Redline Professional Services Agreement with Coastal Frontiers Corporation reflecting revisions from form approved on May 7, 2024
Notification:

Coastal Frontiers Corporation
161
ATTACHMENT 1
RESOLUTION NO. 24-115

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF SAN CLEMENTE, CALIFORNIA,

RATIFYING AMENDMENTS TO THE

PROFESSIONAL SERVICES AGREEMENT
APPROVED ON MAY 7, 2024 FOR PHASE 1 OF THE

SAND COMPATIBILITY AND OPPORTUNISTIC USE

PROGRAM, WITH COASTAL FRONTIERS

CORPORATION
WHEREAS, on May 7, 2024, the City Council approved Resolution 24-69 and awarded a Professional Services Agreement to Coastal Frontiers Corporation for Phase 1 of the Sand Compatibility and Opportunistic Use Program (SCOUP) and authorized the City Manager to execute said agreement in a form substantially similar to that presented to the City Council on May 7, 2024; and
WHEREAS, following the meeting, Coastal Frontiers requested revisions that were not substantially similar to the form of the professional services agreement that had been approved by the City Council on May 7, 2024, including to the insurance provisions; and WHEREAS, consistent with City Council priorities and in order to move forward with the project, the City Manager executed the professional services agreement with Coastal Frontiers in a form with the revisions requested by Coastal Frontiers, which revised form is in the City’s and the public’s best interests.

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

Section 1. The above recitals are true and correct and incorporated herein by reference.

Section 2. The Professional Services Agreement with Coastal Frontiers Corporation is approved as amended and in a form substantially similar to that presented to the City Council on July 17, 2024, and the City Manager’s execution thereof is hereby ratified, authorized and approved.

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

ATTEST:

City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California
162
Resolution No. 24-115 Page 2

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 24-115 was adopted at a regular meeting of the City Council of the City of San Clemente held on the day of , ,
by the following vote:

AYES:

NOES:

ABSENT:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this day of ,
__________________________
CITY CLERK of the City of
San Clemente, California
Approved as to form:
___________________________
Elizabeth A. Mitchell, City Attorney
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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: July 17, 2024 Agenda Item: 11G.

Department: Public Works
Prepared By Belgin Cuhadaroglu, Associate Civil Engineer Subject:
..titl e

CONSIDERATION OF A RESOLUTION AWARDING A PROFESSIONAL CONSULTANT SERVICES AGREEMENT TO LGC GEOTECHNICAL, INC. FOR GEOTECHNICAL SUPPORT

SERVICES FOR THE CYPRUS SHORE GRADING, STORM DRAIN AND SEWER LIFT STATION IMPROVEMENTS, CIP PROJECT NOS. 12004 & 12210, IN AN AMOUNT NOT TO EXCEED $88,000, AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGR ..body EEMENT
Fiscal Impact:

The geotechnical support services cost of $88,000 for the Cyprus Shore Grading, Storm Drain and Sewer Improvements project is funded from the Storm Drain Fund Depreciation Reserve, Account No. 059-553-45300-000-12004 in the amount of $30,800; and the Sewer Fund Connection Fee Reserve, Account No. 054-477-45300-000-12210 in the amount of $57,200.

Summary:

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

On May 21, 2024, the City Council
awarded a construction contract to GMZ
Engineering, Inc. for this work.

Before the City Council is the adoption of
Resolution No. 24-116 (Attachment 1)
approving a Professional Consultant
Services Agreement with LGC
Geotechnical, Inc. in an amount not to
exceed $88,000 (Attachment 2) for
geotechnical support services during
construction for the Cyprus Shore
Grading, Storm Drain and Sewer Lift
Station Improvements, CIP Project No. 12004 & 12210, located within the Cyprus Shore HOA area.
201
Meeting Date: July 17, 2024 Agenda Item: 11G.

CITY OF SAN CLEMENTE 2
Background:

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

Upon slope stabilization of the area by the Orange County Transportation Authority (OCTA) which consisted of a series of tiebacks and grade beams, the City designed and permitted a project to relocate the wet well away from the original landslide, grading for access to the existing electrical equipment building, and replacement of the storm drain and sewer forcemain. A bid package was prepared and advertised for public bids. On May 21, 2024, City Council awarded a construction contract to GMZ Engineering, Inc. for the Cyprus Shore Grading, Storm Drain and Sewer Improvements (Attachment 3).

The work to be performed generally includes constructing a new submersible sewer lift station on Avenida de Las Palmera, just west of Calle Ariana, replacement of the damaged storm drain pipeline and some new lateral storm drain pipelines and catch basins, and replacement of the existing force main pipe with within Calle Ariana with a new 6-inch PVC pipe, minor surfacing and repairs to the vehicular access road, as well as removal of asphalt from the portions of the road that have dropped below grade within the parking lot west of the Clubhouse.

The project requires geotechnical monitoring and testing services. Staff prepared a Request for Proposals (RFP, Attachment 4) for the geotechnical support services needed for the project and advertised it on the PlanetBids website and contacted local firms. Proposals were received from six (6) firms: Ninyo & Moore Geotechnical & Environmental Science Consultants, GMU, LGC Geotechnical, Inc., Geocon West. Inc., Twining and ENGEO. The fee proposals ranged from $60,950 to $159,940.

Upon reviewing the written proposals, it was concluded that LGC Geotechnical, Inc. submitted the best proposal, project team, and demonstrated the most relevant experience. LGC Geotechnical, Inc.’s fee proposal is $88,000, which is fair and reasonable. 202
Meeting Date: July 17, 2024 Agenda Item: 11G.

CITY OF SAN CLEMENTE 3
Some of the equipment and materials have long lead times for procurement, potentially up to 70 weeks, but staff is working with the contractor to expedite approvals to reduce the amount of time.

Therefore, construction will be performed in two phases, completing portions of the project (i.e. storm drain, grading and sewer lift station) to allow the local residents use the access road and portions of the parking area. Phase II includes completion of the electrical and motor control systems as soon as equipment and materials become available. The anticipated construction completion for both phases is fall of 2025. Staff is currently working with the contractor to establish a more detailed construction schedule.

Council Options:
 Adopt Resolution No. 24-116 (Attachment 1), awarding a Professional Services Agreement to LGC Geotechnical, Inc., in an amount not to exceed $88,000 and authorizing the City Manager to execute the Agreement.
 Modify and adopt Resolution No. 24-116.
 Deny the adoption of Resolution No. 24-116 to authorize execution of the Professional Services Agreement with LGC Geotechnical, Inc. and provide direction to staff.  Continue the item with direction to staff to provide additional information.

Environmental Review/Analysis:

This action is not a “project” under California Environmental Quality Act. The Cyprus Shore Grading, Storm Drain and Sewer Lift Station Improvements was previously determined to be exempt from CEQA under Class 2 (Replacement or Reconstruction of Existing Structures and Facilities, 14 CCR section 15302) of the State CEQA Guidelines. A Notice of Exemption was filed with the County of Orange Recorder’s Office on October 19, 2023 for this Project.

Recommended Actions:
..recommendation
Staff recommends that the City Council adopt Resolution No. 24-116, which will:

1. Award a Professional Services Agreement to LGC Geotechnical, Inc. for geotechnical support services for the Cyprus Shore Grading, Storm Drain and Sewer Lift Station Improvements; and

2. Authorize the City Manager to execute a Professional Services Agreement with LGC Geotechnical, Inc. in an amount not to exceed $88,000.
..end
Attachment:

1. Resolution No. 24-116

2. Professional Consultant Services Agreement with LGC, Inc.

3. Staff Report dated May 21, 2024 (without attachments)

4. Request for Proposals
Notification:

All proposers
203
Attachment 1
4882-9904-3949 v1
RESOLUTION NO. 24-116

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF SAN CLEMENTE, CALIFORNIA, AWARDING A

PROFESSIONAL CONSULTANT SERVICES
AGREEMENT TO LGC GEOTECHNICAL, INC. FOR

GEOTECHNICAL SUPPORT SERVICES FOR THE

CYPRUS SHORE GRADING, STORM DRAIN AND

SEWER LIFT STATION IMPROVEMENTS, CIP
PROJECT NOS. 12004 & 12210, AND AUTHORIZING

THE CITY MANAGER TO EXECUTE THE

AGREEMENT
WHEREAS, the existing sewer lift station and storm drain system have been compromised due to the coastal bluff movement at Cyprus Shore beginning in fall 2021; and
WHEREAS, the existing sewer lift station and storm drain system are currently operating on a temporary basis with an above ground structure and utilizing surface water flow through the park for the storm drain system; and WHEREAS, rehabilitation and replacements are needed to continue service to the area and minimize disruption to the community; and WHEREAS, the City received approval from the California Coastal Commission for a Coastal Development Permit on February 9, 2024 to relocate the wet well away from the original landslide, grading for access to the existing electrical equipment building, and replacement of the storm drain and sewer forcemain (the “Project”); and
WHEREAS, the Project was previously determined to be exempt from the California Environmental Quality Act (CEQA) under Class 2 (Replacement or Reconstruction of Existing Structures and Facilities, 14 CCR section 15302) of the State CEQA Guidelines and a Notice of Exemption was filed with the County of Orange Recorder’s Office on October 19, 2023 for this Project; and WHEREAS, AKM Consulting Engineers and Kreuzer Consulting Group designed and prepared a bid package to replace the sewer lift station, restore the storm drainage while enhancing the drainage system by installing new catch basins; and
WHEREAS, on May 21, 2024, the City Council awarded the Cyprus Shore Grading, Storm Drain and Sewer Lift Station Improvements, CIP Project No. 12004 & 12210, construction contract to GMZ Engineering, Inc. as the lowest responsible 204
Resolution No. 24-116 Page 2
4882-9904-3949 v1
and responsive bidder; and
WHEREAS, the Project requires geotechnical monitoring and testing services during construction; and
WHEREAS, staff prepared a Request for Proposals for the geotechnical support services needed for the Project and advertised on the PlanetBids website.

Proposals were received from Six (6) firms, Ninyo & Moore Geotechnical & Environmental Science Consultants, GMU, LGC Geotechnical, Inc., Geocon West.

Inc., Twining and ENGEO; and
WHEREAS, the fee proposals ranged from $60,950 to $159,940; and WHEREAS, upon reviewing the written proposals, it was concluded that LGC Geotechnical, Inc. submitted the best proposal, project team, and demonstrated the most relevant experience and it’s fee is fair and reasonable.

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

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

SECTION 2. A Professional Consultant Services Agreement is hereby awarded to LGC Geotechnical, Inc. for the geotechnical support services for the Cyprus Shore Grading, Storm Drain and Sewer Lift Station Improvements, Project No. 12004 & 12210.

SECTION 3. That the City Manager is authorized and directed to execute a Professional Services Agreement with LGC Geotechnical, Inc. for the Cyprus Shore Grading, Storm Drain and Sewer Lift Station Improvements, CIP Project No. 12004 & 12210 in an amount not to exceed $88,000 and in a form substantially similar to that presented to the City Council on July 17, 2024.

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

PASSED AND ADOPTED this _____ day of July, 2024.
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Resolution No. 24-116 Page 3
4882-9904-3949 v1
ATTEST:
___________________________ __________________________
City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 24-116 was adopted at a regular meeting of the City Council of the City of San Clemente held on the _______ day of July, 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 July, 2024. _______________________
CITY CLERK of the City of
San Clemente, California
Approved as to form:
___________________________
Elizabeth A. Mitchell, City Attorney
206
Attachment 2

CITY OF SAN CLEMENTE

PROFESSIONAL CONSULTANT SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into this _____ day of ________, 2024, by and between the City of San Clemente, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 910 Calle Negocio , San Clemente, California, 92673 ("City") and LGC Geotechnical, Inc., a California corporation, with its principal place of business at 131 Calle Iglesia, Suite 200, San Clemente, CA, 92672 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. RECITALS.

2.1 Consultant.

Consultant desires to perform and assume responsibility for the provision of certain professional geotechnical and soils engineering consulting services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing professional geotechnical and soils engineering consulting services to public clients, is licensed in the State of California, if applicable, and is familiar with the plans of City.

2.2 Project.

City desires to engage Consultant to render such professional geotechnical and soils engineering consulting services for the Cyprus Shore Grading, Storm Drain and Sewer Lift Station Improvement project, Project No. 12004 & 12210 ("Project") as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional geotechnical and soils engineering consulting services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

3.1.2 Term. The term of this Agreement shall be from May 8, 2024 until the work is completed to the City’s satisfaction. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.

3.2 Responsibilities of Consultant.

3.2.1 Independent Contractor; Control and Payment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee.

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Consultant's exclusive direction and control, the City being only concerned with the finished results of the work being performed. Neither City, nor any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be solely responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Neither Consultant nor Consultant's employees shall in any event be entitled to any benefits to which City employees are entitled, including, but not limited to, overtime, retirement benefits, workers’ compensation benefits, injury leave or other leave benefits. Consultant is solely responsible for all such matters, as well as compliance with social security and income tax withholding and all other regulations and laws governing such matters.

3.2.2 PERS Eligibility and Employee Payments Indemnification. In the event that Consultant's employee providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employer and employee contributions for PERS benefits on behalf of the employee as well as for payment of any penalties and interest on such contributions that would otherwise be the responsibility of the City. Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Consultant's employees providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation and benefit including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contributions to be paid by City for employer contributions and/or employee contributions for PERS benefits. Consultant agrees to defend and indemnify the City for any obligation, claim, suit or demand for tax, retirement contribution including any contribution to the PERS, social security, salary or wages, overtime payment, or workers’ compensation payment that the City may be required to make for work done under this Agreement. The provisions of this section 3.2.2 are continuing obligations that shall survive expiration or termination of this Agreement.

3.2.3 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.

3.2.4 Endorsement on PS&E/ Other Data. Consultant shall sign all plans, specifications, estimates (PS&E) and engineering data furnished by Consultant, and where appropriate will indicate Consultant’s authorized signature and professional registration number.

3.2.5 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City.

3.2.6 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this 208

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Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. The key personnel for performance of this Agreement are as follows: Kevin B. Colson, Dennis Boratynec

3.2.7 City's Representative. The City hereby designates David Rebensdorf, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Work or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Scope of Work or change the Consultant's total compensation subject to the provisions contained in Section 3.3 of this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee.

3.2.8 Consultant's Representative. Consultant hereby designates Kevin B.

Colson, Vice President, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement.

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

3.2.9 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times.

3.2.10 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement.

As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.

3.2.11 Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting 209

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the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If Consultant performs any work knowing it to be contrary to such laws, rules and regulations, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees, agents, and volunteers free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.2.12 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions, where applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subconsultants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.

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

3.3 Fees and Payments.

3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "D" attached hereto and incorporated herein by reference. The total compensation shall not exceed Eighty Eight Thousand Dollars ($88,000) without approval of the City Council or City Manager as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

3.3.2 Payment of Compensation. Consultant shall submit to City a monthly invoice which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice.

City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges thereon. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein.

3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "D" of this Agreement.

3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the 210

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Parties did not reasonably anticipate would be necessary at the execution of this Agreement.

Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City.

3.3.5 Rate Increases. In the event that this Agreement is renewed pursuant to Section 3.1.2, the rate set forth in Exhibit “D” may be adjusted each year at the time of renewal as set forth in Exhibit “D.”

3.3.6 Labor Code Requirements.

3.3.6.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

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

3.4 Accounting Records.

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

3.5 General Provisions.

3.5.1 Termination of Agreement.

3.5.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time, with or without cause, 211

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by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause.

3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.

3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:

Consultant: LGC Geotechnical, Inc.
131 Calle Iglesia, Suite 200
San Clemente, CA 92672
ATTN: Kevin B. Colson, Vice President
City: City of San Clemente
910 Calle Negocio
San Clemente, CA 92673
ATTN: Laura Campagnolo, City Clerk and Director of
Public Works / City Engineer
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.5.3 Ownership of Materials and Confidentiality.

3.5.3.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data.

Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 212

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3.5.3.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

3.5.3.3 Confidential Information. The City shall refrain from releasing Consultant’s proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information.

Consultant shall have five (5) working days after receipt of the Release Notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of the Objection Notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information.

3.5.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.

3.5.5 Attorney's Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action.

3.5.6 Indemnification.

3.5.6.1 To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant's Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses. Consultant’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.

3.5.6.2 If Consultant’s obligation to defend, indemnify, and/or hold 213

8 55452.01100\31193624.5
harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.

3.5.7 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.

3.5.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Orange County.

3.5.9 Time of Essence. Time is of the essence for each and every provision of this Agreement.

3.5.10 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.

3.5.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.

3.5.12 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.

3.5.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

3.5.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

3.5.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.

3.5.16 No Third-Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 214

9 55452.01100\31193624.5

3.5.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.5.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

3.5.19 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.

3.5.20 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.

3.5.21 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.

3.5.22 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

3.6 Subcontracting.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed on the respective dates set forth opposite of their signatures. 215

10 55452.01100\31193624.5

CITY OF SAN CLEMENTE
By:___________________________
Andy Hall, City Manager
ATTEST:
______________________________ Dated: ____________________, 2024 CITY CLERK of the City of
San Clemente, California
APPROVED AS TO FORM:
____________________________
Elizabeth A. Mitchell, City Attorney

APPROVED AS TO AVAILABILITY
OF FUNDING:
________________________________
Finance Authorization

LGC Geotechnical, Inc.,
a California Corporation
(“CONSULTANT”)
By:____________________________
Kevin B. Colson, Vice President
Dated: __________________, 2024
216

11 55452.01100\31193624.5
EXHIBIT "A"

SCOPE OF SERVICES
Consultant shall perform the following services for the City (collectively, the “Services”):

A. Support the City during the construction phase of the Project, including but not limited to:

1. Install, monitor and analyze an inclinometer for the planned new sewer lift station located at the end of Avenida De Las Palmeras within the Cyprus Shores private community in City of San Clemente, California; and

2. Provide construction services for the project as requested by the City.

B. Provide inclinometer services for the Project, including but not limited to:

1. Geotechnical Background Review / Site Markout / Private Utility Locator

2. Drill and Install Inclinometer
o Hollow-Stem Drilling and Inclinometer Install
o Field Engineer / Geologist

3. Inclinometer Readings

4. Geotechnical Analysis and Summary Report
C. Provide geotechnical construction services for the Project, including but not limited to:
 Services Prior to Construction
 Soil Technician
 Lab Testing
 Project Management/Meetings/Coordination
 Final Report
217

1 55452.01100\31193624.5
EXHIBIT "B"

SCHEDULE OF SERVICES
Consultant shall perform the services diligently and according to the timetable requested by the City.
218
55452.01100\31193624.5
EXHIBIT “C”

INSURANCE REQUIREMENTS

3.2.12 Insurance.

3.2.12.1 Time for Compliance. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section.

3.2.12.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Consultant, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so.
(A) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 0001, or the exact equivalent, with limits of not less than $1,000,000 per occurrence and no less than $2,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); or (3) containing any other exclusion(s) contrary to the terms or purposes of this Agreement. (B) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering "Any Auto" (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $1,000,000 combined limit for each occurrence. (C) Workers' Compensation: Workers' Compensation
Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease. (D) Professional Liability (Errors & Omissions): Professional Liability insurance or Errors & Omissions insurance appropriate to Consultant’s profession with limits of not less than $1,000,000 per claim. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least three (3) years from termination or expiration of this Agreement.

55452.01100\31193624.5
(A) Commercial General Liability:
(1) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement.

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

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

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

3.2.12.6 Primary and Non-Contributing Insurance. All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.

3.2.12.7 Waiver of Subrogation. All policies of Commercial General Liability and Automobile Liability insurance shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against the City, its officials, officers, employees, agents, and volunteers, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
220

55452.01100\31193624.5

3.2.12.8 Deductibles and Self-Insured Retentions. Any deductible or selfinsured retention greater than $5,000 must be approved in writing by the City and shall protect the City, its officials, officers, employees, agents, and volunteers in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.

3.2.12.9 Evidence of Insurance. The Consultant, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates on forms approved by the City, together with all endorsements affecting each policy. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.

3.2.12.10 Failure to Maintain Coverage. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced immediately so as to avoid a lapse in the required coverage, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement effective upon notice.

3.2.12.11 Acceptability of Insurers. Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A- VII and authorized to transact business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.

3.2.12.12 Enforcement of Agreement Provisions (non estoppel).

Consultant acknowledges and agrees that actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligation on the City nor does it waive any rights hereunder.

3.2.12.13 Requirements Not Limiting. Requirement of specific coverage or minimum limits contained in this Appendix are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance.

55452.01100\31193624.5
volunteers as additional insureds using endorsement form ISO CG 20 38 04 13 or an endorsement providing equivalent coverage. Consultant shall not allow any subconsultant to commence work on any subcontract relating to this Agreement until it has received satisfactory evidence of subconsultant’s compliance with all insurance requirements under this Agreement, to the extent applicable. The Consultant shall provide satisfactory evidence of compliance with this section upon request of the City.
222

55452.01100\31193624.5
EXHIBIT “D”

COMPENSATION
In full compensation for the Services performed by Consultant under this Agreement, the City shall pay the Consultant on a time and materials basis for actual worked performed at the hourly rates listed below and shall not exceed the following budget for the tasks identified:
223

55452.01100\31193624.5
 Install / Monitor / Analyze Inclinometer:
 Geotechnical Background Review / Site Markout / Private Utility Locator $ 2,000  Drill and Install Inclinometer $ 12,000
 Inclinometer Readings $ 9,000
 Geotechnical Analysis and Summary Report $ 3,500
Subtotal: $ 26,500
 Geotechnical Construction Services
 Services Prior to Construction $ 2,000
 Soil Technician Services (Estimate 300 hours @ $170/hr.) $ 51,000  Lab Testing $ 2,000
 Project Management/Meetings/Coordination $ 2,500
 Final Report $ 4,000
Subtotal: $ 61,500
 Install / Monitor / Analyze Inclinometer $ 26,500
 Geotechnical Construction Services $ 61,500

TOTAL: $88,000
Total compensation under this Agreement shall not exceed $88,000, including any reimbursable expenses approved in writing in advance.
224

55452.01100\31193624.5
WORKER’S COMPENSATION INSURANCE CERTIFICATION

WORKERS' COMPENSATION DECLARATION
I hereby affirm under penalty of perjury one of the following declarations:
(ONE OF THE BOXES BELOW MUST BE CHECKED)
I have and will maintain a certificate of consent from the California Labor Commission to self-insure for workers' compensation, as provided for by Section 3700 of the Labor Code, for the performance of the work to be performed under this contract.

I have and will maintain workers' compensation insurance, as required by Section 3700 of the Labor Code, for the performance of the work to be performed under this contract. My workers' compensation insurance carrier and policy number are:

Carrier____________________________________________________ Policy Number______________________________________________ I certify that, in the performance of the work under this Agreement, I shall not employ any person in any manner so as to become subject to the workers' compensation laws of California, and I hereby agree to indemnify, defend, and hold harmless the City of San Clemente and all of its officials, employees, and agents from and against any and all claims, liabilities, and losses relating to personal injury or death, economic losses, and property damage arising out of my failure to provide such worker’s compensation insurance. I further agree that, if I should become subject to the workers' compensation provisions of Section 3700 of the Labor Code, I shall forthwith comply with those provisions.

WARNING: FAILURE TO SECURE WORKERS’ COMPENSATION

COVERAGE IS UNLAWFUL, AND SHALL SUBJECT AN EMPLOYER TO

55452.01100\31193624.5
Dated: ________________________, 20____
________________________________
Consultant
By: ________________________________
________________________________
Title
________________________________
Address
________________________________
226
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING

CITY OF SAN CLEMENTE
Meeting Date: May 21, 2024 Agenda Item: 8C
Department: Public Works
Prepared By Belgin Cuhadaroglu, Associate Civil Engineer Subject:
..titl e

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

CONTRACT FOR THE PROJECT TO THE LOWEST RESPONSIVE AND RESPONSIBLE

BIDDER, APPROVING SUPPLEMENTAL APPROPRIATIONS FROM THE STORM DRAIN

FUND DEPRECIATION RESERVE, THE SEWER FUND CONNECTION FEE RESERVE AND

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

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

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

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

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

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

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

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

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

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

3. $2,319,657 from the Sewer Fund Depreciation Reserve into Account No. 054-477-45300-000- 12210.
1 Attachment 3
227
Meeting Date: May 21, 2024 Agenda Item: 8C

CITY OF SAN CLEMENTE
Summary:

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

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

Background:

The Project:

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

In the fall of 2023, City staff connected a temporary motor control center to operate the pump station in its existing location and eliminate the need for expensive pump watch. Additionally, a temporary above ground storm drain system was installed to direct storm flows through the homeowner association park. Both systems have functioned for the past few years, but are temporary and in need of replacement to minimize disruption to the community. 2 PROJECT

LOCATION
228
Meeting Date: May 21, 2024 Agenda Item: 8C.

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

AKM Consulting Engineers and Kreuzer Consulting Group designed and prepared a bid package to replace the sewer lift station and restore the storm drainage while enhancing the drainage system by installing new catch basins. The work to be performed includes constructing a new submersible sewer lift station in a 7-foot diameter, 28-foot deep circular wet well on Avenida de Las Palmera, just west of Calle Ariana, replacement of approximately 217 linear feet of storm drain pipeline within the existing alignment and easement, construction of approximately 168 feet of lateral storm drain pipelines with 6 catch basins, repair of the motor control center and access to the existing sewer lift station electrical room, replacement of approximately 1,100 feet of the existing 6-inch sewer force main pipe with a new 6-inch PVC pipe, minor surfacing and repairs to the vehicular access road, as well as removal of asphalt from the portions of the road that have dropped below grade and the planting of 2,071 square feet of native vegetation in its place. 2293
Meeting Date: May 21, 2024 Agenda Item: 8C.

CITY OF SAN CLEMENTE
The Bids:

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

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

EXISTING AC

FORCEMAIH
! t
j I
' EXISTING 6'" AC FORCE

MAIN TO BE PARALLELED
_ _:__ ___ _:_ ___ -_,, ___,'!' a;l<-_~---+---FUTURE PARALLEL 6" PVC FORCE MAIN
~-----+-- CONSTRUCT NEW
48'" MANHOLE ON
EXISTINGB"
SEWER

CONSTRUCT B N VCP

GRAVITY SEWER PER

SEWER PLAN SHEET
lj
I;
I
230
Meeting Date: May 21, 2024 Agenda Item: 8C.

CITY OF SAN CLEMENTE
The Bid Protest:

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

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

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

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

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

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

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

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

Based on the bid specifications, staff estimated that the paving, coating and electrical and control subcontracting work was less than 49% and GMZ Engineering’s documentation confirms that, which makes GMZ Engineering’s bid responsive and binding. While the City Council has the discretion to demand strict compliance with the bid specifications and find GMZ Engineering’s bid non-responsive, that would not appear to be in the best interest of the City or the public in this case. Accordingly, staff recommends that the City Council waive strict compliance with the bid documents for this deviation, deny the bid protest and award the contract to GMZ Engineering. 2315
Meeting Date: May 21, 2024 Agenda Item: 8C

CITY OF SAN CLEMENTE
Contract Award:

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

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

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

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

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

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

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

However, should the City Council decide that the partial modifications to some of the above ground electrical work via addendum, even with the time extension, was a bidding irregularity justifying re-bidding because it improperly gave a contractor a competitive advantage or benefit, 2326
Meeting Date: May 21, 2024 Agenda Item: 8C

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

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

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

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

Staff recommends that the City Council:

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

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

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

3. Award the Cyprus Shore Grading, Storm Drain and Sewer Lift Station Improvements, CIP Project No. 12004 & 12210, construction contract to GMZ Engineering, Inc. as the lowest responsible and responsive bidder;
2337
Meeting Date: May 21, 2024 Agenda Item: 8C

CITY OF SAN CLEMENTE

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

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

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

7. ..recommendation
..endAttachment:

1. Resolution No. 24-72

2. Construction Contract with GMZ Engineering, Inc.

3. Protest Letter from Kay Construction

4. Letter from GMZ Engineering, Inc.

5. Notice of Exemption
Notification:

All bidders
2348

CITY OF SAN CLEMENTE

REQUEST FOR PROPOSAL

GEOTECHNICAL AND RELATED PROFESSIONAL

SERVICES CONTRACT
FOR

CYPRUS SHORE GRADING, STORM DRAIN AND SEWER

LIFT STATION IMPROVEMENT,
PROJECT NOS.12004 & 12210
MAY 2024
City of San Clemente
Public Works Department
910 Calle Negocio, Suite 100
San Clemente, CA 92673
Attachment 4
235

CITY OF SAN CLEMENTE

REQUEST FOR PROPOSAL
MAY 22, 2024
Prospective Contractors:

The City of San Clemente (City) is soliciting proposals from Professional Services Contractors (Consultants) to provide Geotechnical and Related Professional Services for the Cyprus Shore Grading, Storm Drain and Sewer Lift Station Improvements Project, as described in detail in the attached Request for Qualifications (RFP).

City Point of Contact:

The sole source of contact regarding this RFP is Belgin Cuhadaroglu at (949) 361- 6128. Individuals or firms interested in submitting a proposal are asked not to contact other members of the City of San Clemente staff or Councilmembers in connection with the RFP prior to the announcement of the consultant selected.

Proposals and all written inquires related to this RFP are to be submitted confidentially to Belgin Cuhadaroglu at the following address:

Public Works Department
City of San Clemente
910 Calle Negocio, Suite 100
San Clemente, CA 92673
Confidential

Proposal Closing Date: 2:00 p.m. on June 10, 2024
Three (3) of each Contractor’s proposal must be received by the City no later than 2:00 p.m. on June 10, 2024. All proposals must be delivered to the above address.

Proposals will not be accepted if received after the closing date.

Sincerely,
Belgin Cuhadaroglu, P.E.

Associate Civil Engineer
236

CITY OF SAN CLEMENTE

REQUEST FOR PROPOSAL

GEOTECHNICAL AND RELATED PROFESSIONAL SERVICES CONTRACT FOR

THE CYPRUS SHORE GRADING, STORM DRAIN AND SEWER LIFT

STATION IMPROVEMENT,
PROJECT NOS.12004 & 12210
A. INTRODUCTION
The City of San Clemente (City) is seeking proposals from qualified Consultants to install, monitor and analyze an inclinometer and provide construction services for the planned new sewer lift station located at the end of Avenida De Las Palmeras within the Cyprus Shores private community, City of San Clemente, California.

B. BACKGROUND
The existing sewer lift station and storm drain system have been compromised due to the coastal bluff movement at Cyprus Shore beginning in fall 2021 and are in need of repairs to continue providing services. The landslide area impacting City facilities was stabilized by the Orange County Transportation Authority (OCTA) and the City received a Coastal Development Permit to reconstruct the damaged sewer and storm Drain Systems.

The scope of the project includes; replacement of a portion of the storm drain system, replacement of the sewer force main, modifications to the gravity sewer pipeline, construction of a new submersible sewer lift station, removal and replacement of existing asphalt pavement (A.C.), curb and gutters, sidewalks, and construction of new concrete junction structures and six catch basins. The proposed sewer lift station wet well is approximately 35 feet deep. For more details, please see attached Project Specification (Attachment 2) and Project Plans (Attachment 3) for more details.

The City plans to engage Consultant Services for Engineering Support Services, and also for Construction Management and Inspection services. 237

RFP - INSTRUCTIONS AND CONDITIONS
The project is anticipated to start by the end of June 2024 and continue for a period of approximately 200 working days. Geotechnical Services will be needed approximately 15% of the total duration of the operations.

C. PROJECT OBJECTIVES
Provide Geotechnical and Related Professional Services for the Cyprus Shore Grading, Storm Drain and Sewer Lift Station Improvements Project.

D. SCOPE OF WORK
The scope of work items required for the Geotechnical and Related Professional Services:
• Drill and Install Inclinometer:

The purpose of the inclinometer will be to monitor the movement of the inclinometer due to the construction of the proposed sewer lift station. o One (approximately 45-foot) boring needs to be performed to install an inclinometer between the clubhouse and the proposed sewer lift station. The inclinometer would also have a traffic rated well box cover to protect it from vehicular traffic.
o Approximately 15 readings to monitor potential movement towards the excavation needs to be performed after the completion of the excavation of the inclinometer.
o A report of the findings and analysis shall be provided after construction is completed.
• Geotechnical Construction Services:

Construction support services including field on-site materials testing, geotechnical observation and evaluation.
o Provide plan reviews and attend conference calls prior to construction o Construction activities that will necessitate geotechnical observation and testing include the excavation, shoring, and backfill of the wet well, dry, and wet utility installation, as well as concrete and street improvements.
o Provide on-call technician to observe and test during the construction. (Approximately 300 hrs)
o Laboratory testing shall include 4 maximum compaction tests as well as 4 sand equivalent tests.
o Provide project management/ field meetings/ coordination. 238

RFP - INSTRUCTIONS AND CONDITIONS
o Provided a final report at the end of construction services E. DELIVERABLES
The contractor is responsible for deliverables as defined by each specific project scope of work and agreement. The following provides an example of deliverables which may be requested as part of a design project:
• One geotechnical report for the site is required for the inclinometer readings
• One comprehensive summary report is required for observation and testing services. Concrete testing reports and results shall be included.

F. ATTACHMENTS
A. Professional Services Agreement.

B. Project Specification
C. Project Plans
239

RFP - INSTRUCTIONS AND CONDITIONS

CITY OF SAN CLEMENTE

REQUEST FOR PROPOSAL

GEOTECHNICAL AND RELATED PROFESSIONAL SERVICES CONTRACT FOR

THE CYPRUS SHORE GRADING, STORM DRAIN AND SEWER LIFT

STATION IMPROVEMENT,
PROJECT NOS.12004 & 12210

INSTRUCTIONS AND CONDITIONS
The following instructions and conditions apply to this RFP.

A. GENERAL CONDITIONS

1. Pre-Contractual Expenses
Pre-contractual expenses are defined as expenses incurred by the Professional Services Consultants (contractor) in:
• Preparing a proposal in response to this RFP
• Submitting that proposal to the City of San Clemente
• Negotiating with the City of San Clemente on any matter related to this RFP, proposal and/or contractual agreement
• Any other expenses incurred by the contractor prior to the date of an executed contract
The City of San Clemente shall not, in any event, be liable for any precontractual expenses incurred by any contractor. In addition, no contractor shall include any such expenses as part of the price proposed to conduct the scope of work for this project.

2. Authority to Withdraw RFP and/or Not Award Contract
The City of San Clemente reserves the right to withdraw this RFP at any time without prior notice. Further, the City makes no representations that any agreement will be awarded to any contractor responding to this RFP. The City expressly reserves the right to 240

RFP - INSTRUCTIONS AND CONDITIONS
postpone the opening of proposals for its own convenience and to reject any and all proposals in response to this RFP without indicating any reasons for such rejection(s).

3. Pricing Approach
The City of San Clemente intends to award a fixed price contract for the conduct of this project. In no event shall the City pay an amount in excess of the dollar value negotiated in the contractual agreement with the successful contractor. Please note, the City will not pay for any travel time for the contractor’s staff arriving to the project site.

4. Right to Reject Statement of Qualifications
The City of San Clemente reserves the right to reject any or all proposals submitted. Any award made for this engagement will be made to the contractor which, in the opinion of the City, is best qualified to conduct the project.

5. Statement of Qualification Evaluation Criteria
Proposals will be evaluated on the basis of their response to all provisions of this RFP. The City of San Clemente may use some or all of the following criteria in its evaluation and comparison of proposals submitted. The criteria listed are not necessarily an allinclusive list. The order in which they appear is not intended to indicate their relative importance:
a. Previous experience
b. Demonstrated record of success on work previously performed for the City or similar work performed for others
c. Project Lead
d. Educational background of project lead and staff
e. Staff to perform work within the specified time
f. Methodology proposed to accomplish the work
241

RFP - INSTRUCTIONS AND CONDITIONS
g. Ability to make effective public presentations of the report and/or design required
h. Ability to work effectively with City staff, other public agencies and related parties as directed during the course of the design, study or other services
i. Pertinent new ideas which may be presented during the course of the selection process
j. Adequate knowledge of local conditions
k. Availability, experience and knowledge of all subcontractors hired to complete the job or study
l. Additional work performed by the contractor which may have a direct and substantial physical relationship or conflict to the proposed project
m. Retention of original contractor on projects modified due to the original contractor’s detailed knowledge of the work or on the grounds of cost
n. Previous history of completing projects within budget and design estimates
o. Ability to furnish adequate and effective construction supervision p. Consideration for contractors currently working with a major developer in the City for work within or adjacent to the major development project
B. PROPOSAL FORMAT AND CONTENT
Proposals should be typed as brief as possible. They should not include any elaborate or unnecessary promotional material. The following order and content of proposal sections should be adhered to by each contractor.

I. Cover Letter
A cover letter not to exceed three pages in length should summarize key elements of the contractor’s proposal. The 242

RFP - INSTRUCTIONS AND CONDITIONS
letter must be signed by an individual authorized to bind the contractor. The letter must stipulate that the proposed price will be valid for a period of at least 90 days. Indicate the address and telephone number of the contractor’s office located nearest to San Clemente, California, and the office from which the project will be managed.

II. Background and Approach
The Background and Approach Section should describe your understanding of the City, services offered, and the objectives to be accomplished.

III. Methodology
This section should clearly describe the methodology or methodologies you plan to use to carry out the specific work tasks described in the Work Plan.

IV. Work Plan
Include any other geotechnical and materials testing tasks or services that you feel are necessary or beneficial to accomplish the work described but are not included in this request for qualifications.

V. Project Organization and Staffing
Describe your approach and methods for managing the project.

Provide an organization chart showing all proposed project team members. Describe the responsibilities of each person on the project team. Identify the Project Director and/or Manager and the person who will be the key contact with the City of San Clemente. Indicate how many hours each team member will devote to the project by task, along with a statement indicating the availability of the members of the project team for the duration of the project. Include resumes for each member of the project team. Include information and staff support required from City personnel. If utilizing a City-paid intern is possible to address data collection or routine work assignments, identify that opportunity and related cost savings. 243

RFP - INSTRUCTIONS AND CONDITIONS
VI. Related Experience
Describe recent, directly related experience. Include on each listing: the name of the client; description of the work done; primary client contact; address and telephone number; dates for the project; name of the Project Director and/or Manager and members of the proposed project team who worked on the project, as well as their respective responsibilities.

At least three references should be included. For each
reference, indicate the reference's name, organization
affiliation, title, complete mailing address and telephone number. The City of San Clemente reserves the right to contact any of the organizations or individuals listed.

VII. Project Schedule
Provide a schedule for completing each task in the work program, including deadlines for preparing all project
deliverables.

VIII. Cost Data
Indicate the total cost for which you will conduct the project by phase. Identify by project team member: name, classification, and the number of hours each member will spend on each work task. Indicate separately, total cost for fees and expenses, including any proposed fee discount.

IX. Statement of Compliance
Contractors must submit a Statement of Compliance with all parts of the Request for Proposal and Draft Agreement terms and conditions, or a listing of exceptions and suggested changes, along with a description of any cost implications or schedule changes the exceptions and/or changes cause. The Statement of Compliance must declare either:

A. This proposal is in strict compliance with the Request for Proposal and Draft Agreement and no exceptions to
either are proposed; or
244

RFP - INSTRUCTIONS AND CONDITIONS
B. This proposal is in strict compliance with the Request for Proposal and Draft Agreement except for the items listed.

For each exception and/or suggested change, the
contractor must include:

1. The suggested change in the RFP or rewording of
the contractual obligations.

2. Reasons for submitting the proposed exception or
change.

3. Any impact the change or exception may have on
project costs, scheduling or other considerations.

X. Other Information
Include any other information you consider to be relevant to the statement of qualifications.

XI. Consultant agrees that in carrying out its responsibilities under this agreement, and in particular with regard to the employment of persons and sub-contractors working on the project, it will not discriminate on the basis of race, color, creed, national origin, religion, sex, age, or handicap. In the event any of the work performed by consultant hereunder is sub-contracted to
another person or firm (with approval of the City as required herein), sub-contract shall contain a similar provision. 245
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: July 17, 2024 Agenda Item: 11H.

Submitted By: Public Works
Prepared By: Shawn Ryan, Senior Civil Engineer
Subject:
..titl e
CONSIDERATION OF A RESOLUTION AWARDING A CONSTRUCTION CONTRACT TO M.P.

ENVIRONMENTAL SERVICES, INC. FOR THE DIGESTER NO. 2 CLEANING, RESIDUAL DISPOSAL AND INSPECTION, CIP PROJECT NO. 21203, IN AN AMOUNT NOT TO EXCEED $887,340, AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT, AND

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

The estimated total construction cost of $991,074 is within the approved budget amount of $1,133,890 from the Sewer Fund Depreciation Reserve, Account Number 054-476-43420-000- 21203.

Summary:

Before the City Council is the award of a construction contract to M.P. Environmental Services, Inc. in an amount not to exceed $887,340, plus a 10% construction contingency in the amount of $88,734, for the Digester No. 2 Cleaning, Residual Disposal and Inspection Project.

Digester No. 2 is one of two anaerobic digester units at the Water Reclamation Plant that require periodic cleaning. Digesters process the sludge for volume reduction before sludge is hauled away to landfills for disposal.

Background:

Digester No. 2 is one of two anaerobic digester units at the Water Reclamation Plant. The digesters biologically process wastewater sludge received from the physical and
mechanical treatment processes to reduce the volume of
waste requiring landfill disposal. Digester No. 2 has
accumulated a significant amount of residual waste since it was last cleaned over 10 years ago. Periodic cleaning and inspection ensures high wastewater treatment efficiency and assurance against failure of internal digester components.

This project also includes the cleaning and inspection of the Water Reclamation Plants Sludge Holding Tank No. 1.

On March 19, 2024, staff published a notice inviting bids in the SC Times and published a bid solicitation on Planet Bids.

Bids were opened on April 8, 2024, and the results are presented in Table 1 below. Bids range 246
Meeting Date: July 17, 2024 Agenda Item: 11H.

CITY OF SAN CLEMENTE 2
from $887,340 to $893,780. Staff notified all local qualified businesses of the project; however, there were no bidders based in San Clemente. The lowest responsive and responsible bidder is M.P. Environmental Services, Inc. of Bakersfield, California with a total bid amount of $887,340.

Table 1. Bidder’s Summary
Company Name Company Location Amount
M.P. Environmental Services Bakersfield, CA 887,340.00
Kay Construction Company Santee, CA 893,780.00
Based on the lowest responsive and responsible bidder, a summary of the estimated expenditures is provided in Table 2. Below:

Table 2. Expenditure Summary
Construction Management and Inspection $15,000
Construction $887,340
Contingency (10%) $88,734
Total Estimated Construction Cost $991,074
As required by City policy and state law, the Contractor will be required to provide performance and payment bonds simultaneously with execution of the construction contract (Attachment 2).

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

Council Options:
 Adopt Resolution No. 24-117, awarding the construction contract to M.P. Environmental Services, Inc, authorizing the City Manager to execute a construction contract an amount not to exceed $887,340, authorizing a 10% construction contingency of $88,734, and finding the project categorically exempt from CEQA under Class 1 (Existing Facilities, 14 CCR section 15301) of the State CEQA Guidelines.
 Modify and adopt Resolution No. 24-117.
 Continue the item with direction to provide additional information.  Do not award the contract or perform the work on Digester No. 2.

Environmental Review/Analysis:

This project is exempt from the California Environmental Quality Act under Class 1 (Existing Facilities, 14 CCR 15301) of the state CEQA Guidelines.

Recommended Actions:

Staff recommends that the City Council adopt Resolution No. 24-117 which will:
..recommendation
247
Meeting Date: July 17, 2024 Agenda Item: 11H.

CITY OF SAN CLEMENTE 3

1. Find the Digester No. 2 Cleaning, Residual Disposal and Inspection, CIP Project No. 21203 categorically exempt from the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities, 14 CCR section 15301) of the State CEQA Guidelines;

2. Award the Digester No. 2 Cleaning, Residual Disposal and Inspection, CIP Project No. 21203, contract to M.P. Environmental Services, Inc;

3. Authorize the City Manager to execute a contract with M.P. Environmental Services, Inc., in an amount not to exceed $887,340 in a form substantially similar to Contract No. C24-40 (Attachment 2) for the Digester No. 2 Cleaning, Residual Disposal and Inspection, CIP Project No. 21203; and

4. Approve a 10% construction contingency of $88,734..end...end ..end
Attachment:

1. Resolution No. 24-117

2. Contract No. C24-40 (without attachments)
Notification:

All bidders.
248
Attachment 1
4882-9904-3949 v1
RESOLUTION NO. 24-117

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, AWARDING A
CONSTRUCTION CONTRACT TO M.P. ENVIRONMENTAL
SERVICES, INC. TO PERFORM DIGESTER NO. 2

CLEANING, RESIDUAL DISPOSAL AND INSPECTION IN
AN AMOUNT NOT TO EXCEED $887,340, PLUS A 10%

PROJECT CONTINGENCY, AUTHORIZING THE CITY

MANAGER TO EXECUTE THE CONTRACT AND FINDING

THE PROJECT CATEGORICALLY EXEMPT FROM THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
UNDER CLASS 1 (EXISTING FACILITIES, 14 CCR
SECTION 15301) OF THE STATE CEQA GUIDELINES
WHEREAS, the City conducted formal competitive bidding for the Digester No. 2 Cleaning, Residual Disposal and Inspection, CIP Project No. 21203 (Project); WHEREAS, on April 8, 2024, the City received 2 bids ranging from $887,340 to $893,780 for the Project; and
WHEREAS, the M.P. Environmental Services, Inc. was the lowest responsive and responsible bidder with a bid of $887,340.

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

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

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

SECTION 3. That the Construction Contract Agreement for the Digester No. 2 Cleaning, Residual Disposal and Inspection, CIP Project No. 21203 is awarded to M.P.

Environmental Services, Inc.

SECTION 4. That the City Manager is authorized and directed to execute a construction contract for the Digester No. 2 Cleaning, Residual Disposal and Inspection, CIP Project No. 21203 with M.P. Environmental Services, Inc. in an amount not to exceed $887,340, plus a 10% project contingency of $88,730, in a form substantially similar to that presented to the City Council on July 17, 2024.

SECTION 5. That a 10% contingency of $88,730 is approved for the Digester No. 2 Cleaning, Residual Disposal and Inspection, CIP Project No. 21203. 249
Resolution No. 24-117 Page 2
4882-9904-3949 v1
SECTION 6. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

PASSED AND ADOPTED this _____ day of July, 2024.
_______________________
Mayor of the City of
San Clemente, California
ATTEST:
__________________________
CITY CLERK of the City of
San Clemente, California

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 24-117 was adopted at a regular meeting of the City Council of the City of San Clemente held on _______ day of July 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
250
SECTION 00500

CONTRACT
4882-6576-8893 v1
SECTION 00500

CONTRACT
THIS CONTRACT is made this _____ day of _________, 2024, in the County of Orange, State of California, by and between the City of San Clemente hereinafter called City, and M.P.

Environmental Services, Inc., a California corporation, hereinafter called Contractor. The City and the Contractor for the considerations stated herein agree as follows:

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

Digester #2 Structural and Mechanical Rehabilitation
The Contractor and its surety shall be liable to City for any damages arising as a result of the Contractor’s failure to comply with this obligation.

ARTICLE 2. TIME FOR COMPLETION. The Work shall be commenced on the date stated in City’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within sixty-five (65) working days from the commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work.

ARTICLE 3. CONTRACT PRICE. City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of Eight Hundred EightySeven Thousand, Three Hundred and Forty Dollars ($887,340). Payment shall be made as set forth in the General Conditions.

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

ARTICLE 4. LIQUIDATED DAMAGES/EARLY COMPLETION INCENTIVE. In accordance with Government Code section 53069.85, it is agreed that the Contractor will pay City the sum of $1,000 for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event that Liquidated Damages are not paid, the Contractor agrees City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Article does not exclude recovery of other damages specified in the Contract Documents.

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

Notice Inviting Bids
Instructions to Bidders
Bid Form
Contractor’s Certificate Regarding Workers’ Compensation 251
SECTION 00500

CONTRACT
4882-6576-8893 v1
Bid Bond
Non-Collusion Declaration Form
Contractor Information and Experience Form
List of Subcontractors Form
Iran Contracting Act Certification
Public Works Contractor Registration Certification
Contract
Performance Bond
Payment Bond
General Conditions
Special Conditions
Technical Specifications
Addenda
Plans and Drawings
Approved and fully executed change orders
Any other documents contained in or incorporated into the Contract The Contactor shall complete the Work in strict accordance with all of the Contract Documents.

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

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

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

ARTICLE 8. PREVAILING WAGES. Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates shall be made available at the Office of the City Clerk or may be obtained online at http//www.dir.ca.gov/dlsr. and which must be posted at the job site.

IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and year above written.
[SIGNATURES ON FOLLOWING PAGE]
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SECTION 00500

CONTRACT
4882-6576-8893 v1

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

M.P. Environmental Services,
Inc., a California corporation
(“CONTRACTOR”)
By:_____________________________
(Dawn Calderwood, CEO/Secretary)
Dated: __________________, 20____
By:_____________________________
(Rex Calderwood, CFO)
Dated: __________________, 20____

END OF CONTRACT
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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: July 17, 2024 Agenda Item: 11I.

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

CONSIDERATION OF A RESOLUTION AWARDING A PROFESSIONAL SERVICES AGREEMENT WITH MIKE LINARES INC. FOR THE PREPARATION OF THE 2025-2029 CONSOLIDATED PLAN AND

CONTINUED COMMUNITY DEVELOPMENT BLOCK GRANT ADMINISTRATION SERVICES AND AUTHORIZING ..body THE CITY MANAGER TO EXECUTE THE AGREEMENT Fiscal Impact:

There is no general fund impact for this agreement because these services, for an amount not to exceed $97,500.00, will be funded through Community Development Block Grant (CDBG) grant funds allocated for administration costs.

Summary:

In accordance with U.S. Department of Housing and Urban and Development (“HUD”) guidelines, the City is required to prepare a Consolidated Plan (often referred to as the “Con Plan”) to maintain compliance and ensure ongoing eligibility for federal funding. The Consolidated Plan, which has a duration of five-years, describes the City’s community development priorities and multi-year goals based on an assessment of housing and community development needs, an analysis of housing and economic market conditions and available resources. In addition to the Consolidated Plan, the Annual Action Plan (often referred to as the “AAP”) will also be prepared and presented in conjunction for City Council review and approval.

Before the City Council is the award of a professional services agreement to Mike Linares, Inc., a local firm, to facilitate the drafting of the 2025-2029 Consolidated Plan, the Annual Action Plan, and other annual regulatory tasks associated with CDBG administration.

Background:

At the May 19, 2020 City Council meeting, the 2020-2024 Consolidated Plan was approved and adopted unanimously by the City Council. The City carried out the necessary tasks complying with all elements of the 2020-2024 plan. All necessary program reporting requirements were executed by the City Manager and or his designee in a timely fashion and were successfully certified by HUD. During Consolidated Plan years, both the Consolidated Plan and Annual Action Plan are submitted simultaneously for review and approval. As such, the 2025-2029 Consolidated Plan and 2025-2026 Annual Action Plan will be submitted consistent with previous years format.

The five-year Consolidated Plan necessitates the annual preparation and submission of specific documents. These include:
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CITY OF SAN CLEMENTE 2
 Annual Action Plan (“AAP”): The Consolidated Plan is carried out through Annual Action Plans, which provide a concise summary of the actions, activities, and the specific federal and non-federal resources that will be used each year to address the priority needs and specific goals identified by the Consolidated Plan.
 Consolidated Annual Performance and Evaluation Report (often referred to as the “CAPER”). In the CAPER, grantees report on accomplishments and progress toward Consolidated Plan goals in the prior year.

On April 14, 2022, the City initiated a Request for Proposals (RFP) seeking services for Community Development Block Grant (CDBG) Program Administration and Housing Rehabilitation Program Administration. The RFP closed on May 5, 2022, after a 21-day period, during which only one bid was received from Mike Linares, Inc., a qualified local consultant currently engaged in similar services for the City.

Discussion:

The Consolidated Plan is designed to assist the City in assessing our affordable housing and community development needs and market conditions, and to make data-driven, place-based investment decisions.

Key steps required to initiate and prepare the Consolidated Plan are as follows:
 Citizen Participation: A significant portion of the Consolidated Plan is dedicated to delineating the actions that the City will take to obtain the input of residents and stakeholders during the preparation of the Consolidated Plan. Community meetings, community surveys, focus groups, and public hearings are examples of actions that communities may utilize for this purpose.
 Research and Analysis: The Consolidated Plan content and format are dictated by HUD's eConPlan template; however, additional data collection and analysis are required to complete the template. Existing data sources will be utilized to augment data provided by HUD to complete applicable Consolidated Plan narratives and tables.  Strategic Annual Plan: The Strategic Plan portion of the Consolidated Plan establishes programs and multi-year goals to address identified housing and community needs. The Strategic Plan will establish the general categories of programs and activities that the City will carry out to address priority needs.
 Annual Action Plan: The Annual Action Plan is the yearly expenditure plan for using CDBG funds. To undertake this process, the consultant will work closely with City staff to determine which projects and programs will be funded with CDBG.
 Integrated Disbursement and Information System (“IDIS”) Set-up/Uploading: Upon completion and approval of the Consolidated Plan by the San Clemente City Council, the Consolidated Plan and FY 2025-2026 Annual Action Plan will be uploaded into IDIS, completing the initial stage of the process. HUD's Community Planning and Development 255
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CITY OF SAN CLEMENTE 3
Representative assigned to the City will review the submitted Consolidated Plan and may request additional information or modifications or approve the document.

Other tasks associated with annual CDBG Administration are as follows:
 Preparation of the City's Comprehensive Annual Performance and Evaluation Report (“CAPER”)
 CDBG subrecipient grant administration
 Update/maintain the City's CDBG program data in IDIS
 IDIS activities with the City's Budget/Finance personnel to ensure timely reimbursement to the City for CDBG-eligible outlays and to help reconcile records between the City's accounting system and IDIS
 Communication of updates/changes to HUD/CDBG requirements  Maintain documentation (files) for CDBG monitoring and audit  Reporting of federal Davis-Bacon (prevailing wages) and Section 3 compliance for CDBGfunded construction projects as needed  Preparation of National Environmental Policy Act (NEPA) reviews for HUD/CDBG activities  Preparation of other HUD/CDBG-related reports, analysis, and administrative tasks, interaction with HUD staff, and general program consultation To facilitate the drafting of the 2025-2029 Consolidated Plan, the Annual Action Plan, and other annual regulatory tasks associated with CDBG administration, staff recommends that the City Council award a contract with Mike Linares, Inc., a local firm, for these services. This recommendation is based on the combination of various factors including the experience of the firm and the unique familiarity with the CDBG program as it relates to the City of San Clemente.

Mike Linares, Inc. is the most knowledgeable and advantageous professional service provider in this area for the City and their fee is fair and reasonable. They are recommended to oversee the drafting of the plan and manage related tasks in accordance with federal guidelines and community needs because they possess attributes making them uniquely qualified to provide the services consistent with Section 7.1.2 of City Policy and Procedure No. 201-2-3 – Selection of Professional Services Contractors. Furthermore, given the specialized nature of these services and the continuity provided by Mike Linares, Inc., the anticipated costs and logistical challenges associated with transitioning to another consultant outweigh the potential savings from a competitive bidding process. Therefore, in accordance with Section 7.1.3 of City Policy and Procedure No. 201-2-3 – Selection of Professional Services Contractors, an exemption from competitive bidding is warranted.

Council Options:
 Consider adopting Resolution No. 24-118, which would award the Professional Services Agreement with Mike Linares, Inc. for the preparation of the 2025-2029 Consolidated Plan, 2025-2026 Annual Action Plan, and Community Development Block Grant Administration Services (CDBG), authorize the City Manager to execute the Agreement and find the Agreement exempt from City Policy and Procedure No. 201-2-3 under Section 7.1.2. and

7.1.3  Modify and adopt Resolution No. 24-118.
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 Find the Professional Services Agreement for the preparation of the 2025-2029 Consolidated Plan, 2025-2026 Annual Action Plan, and CDBG Administration Services not exempt from City Policy and Procedure No. 201-2-3 and direct staff to issue a request for proposals for the services.
 Continue the Item and provide staff with alternative direction.

Environmental Review/Analysis:

Not a “project” under the California Environmental Quality Act Guidelines Section 15378 (14 CCR 15378). Preparation of the 2025-2029 Consolidated Plan, 2025-2026 Annual Action Plan, and CDBG Administration Services, and has no potential result in either a direct or physical change in the environment or a reasonably foreseeable indirect physical change in the environment Recommended Actions:

Staff Recommendation ..recommendation
Staff recommends that the City Council Adopt Resolution No. 24-118, which will:

1. Find Mike Linares, Inc. has unique familiarity with the project, subject area or possesses other attributes making them uniquely qualified to provide the 2025-2029 Consolidated Plan, 2025- 2026 Annual Action Plan, and Community Development Block Grant Administration Services (CDBG) that the City needs;

2. Award the Professional Services Agreement, as provided as Attachment 2, for the preparation of the 2025-2029 Consolidated Plan, 2025-2026 Annual Action Plan, and Community Development Block Grant Administration Services (CDBG) to Mike Linares, Inc.; and

3. Authorize the City Manager to execute the Professional Services Agreement with Mike Linares, Inc. for an amount not to exceed $97,500.
..end
Attachment:

1. Resolution No. 24-118

2. Professional Services Agreement with Mike Linares, Inc.

3. Policy and Procedure No. 201-2-3 – Selection of Professional Services Contractors Notification:

Mike Linares, Inc.
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Attachment 1
RESOLUTION NO. 24-118

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, CONSIDERATION OF A

RESOLUTION AWARDING A PROFESSIONAL SERVICES
AGREEMENT TO MIKE LINARES INC. FOR THE 2025-2029

CONSILDATED PLAN AND COMMUNITY DEVELOPMENT

BLOCK GRANT ADMINISTRATION SERVICES (CDBG)

AND AUTHORIZING THE CITY MANAGER TO EXECUTE

THE AGREEMENT
WHEREAS, pursuant to Title 24, Pt.91, Subpart C, Section § 91.200 of the U.S.

Department of Housing and Urban Development Code of Regulations, the City is required to prepare a five-year Consolidated Plan for Fiscal Years 2025-2029; and WHEREAS, upon the adoption of the Consolidated Plan, the City of San Clemente is eligible to participate in the Community Development Block Grant ("CDBG") Program; and
WHEREAS, as a component of the Consolidated Plan, the Annual Action Plan and the Comprehensive Annual Performance and Evaluation Report (“CAPER”) are updated each fiscal year and includes the application to the U.S. Department of Housing and Urban Development ("HUD") for CDBG funds, required certifications, and reporting related to the receipt and use of CDBG funds; and
WHEREAS, to facilitate the drafting of the 2025-2029 Consolidated Plan and fulfill other annual regulatory obligations associated with the administration of Community Development Block Grant (“CDBG”) funds from the U.S. Department of Housing and Urban Development (“HUD”), Office of Community Planning and Development (“CPD”), the City requires the services of a professional; and
WHEREAS, on April 14, 2022, the City initiated a Request for Proposals (RFP) seeking services for Community Development Block Grant (CDBG) Program Administration and Housing Rehabilitation Program Administration. The RFP closed on May 5, 2022, after a 21-day period, during which only one bid was received from Mike Linares, Inc., a qualified local consultant currently engaged in similar services for the City.

WHEREAS, Section 7.1.2 and 7.1.3 of City Policy and Procedure No. 201-2-3 - Selection of Professional Services Contractors, provides that the City Council has the authority to determine that the selection of a professional services contractor for a project need not follow the procedure established in such policy; and WHEREAS, Mike Linares, Inc., a local firm, is unique familiarity with the CDBG program as it relates to the City of San Clemente, is the most knowledgeable and 258
Resolution No. 24-118 Page 2
advantageous professional service provider in this area for the City and their fee is fair and reasonable.

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

SECTION 1. The above recitals are true and correct and incorporated herein by reference.

SECTION 2. Mike Linares, Inc. has unique familiarity with the project, subject area or possesses other attributes making them uniquely qualified to provide the 2025-2029 Consolidated Plan, 2025-2026 Annual Action Plan, and Community Development Block Grant Administration Services (CDBG) that the City needs.

Pursuant to Section 7.1.2 and 7.1.3 of City Policy and Procedure No. 201-2-3 - Selection of Professional Services Contractors, the City Council determine that the selection of a professional services contractor for this project need not following the procedure established in such policy.

SECTION 3. A Professional Services Agreement for the preparation of the 2025- 2029 Consolidated Plan, 2025-2026 Annual Action Plan, and Community Development Block Grant Administration Services (CDBG) is hereby awarded to Mike Linares, Inc.

SECTION 4. The City Manager, or the City Manager's designee, is hereby authorized and directed to execute a Professional Services Agreement with Mike Linares, Inc. in an amount not to exceed $97,500.00 in a form substantially similar to that presented to the City Council on July 17, 2024.

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

PASSED AND ADOPTED this ___ day of _____________________, ____.

ATTEST:

City Clerk of the City of Mayor of the City of
San Clemente, California Clemente, California
259
Attachment 1

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. 24-118 was adopted at a regular meeting of the City Council of the City of San Clemente held on the _______ day of _______________________, _________, by the following vote:

AYES:

NOES:

ABSENT:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this _____ day of _________________, ________. __________________________
CITY CLERK of the City of
San Clemente, California
Approved as to form:
_____________________________
Elizabeth A. Mitchell, City Attorney
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Attachment 2
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CITY OF SAN CLEMENTE

PROFESSIONAL CONSULTANT SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into this 17th day of July, 2024, by and between the City of San Clemente, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 910 Calle Negocio, San Clemente, California, 92673 ("City") and Mike Linares, Inc, a California corporation with its principal place of business at 520 E. Avenida Pico # 3913, San Clemente, CA, 92674 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. RECITALS.

2.1 Consultant.

Consultant desires to perform and assume responsibility for the provision of certain professional Community Development Block Grant (CDBG) Program Administration consulting services required by the City on the terms and conditions set forth in this Agreement.

Consultant represents that it is experienced in providing professional Community Development Block Grant (CDBG) Program Administration consulting services to public clients, is licensed in the State of California, if applicable, and is familiar with the plans of City.

2.2 Project.

City desires to engage Consultant to render such professional consulting services for the 2025-2029 Consolidated Plan (“ConPlan”) project ("Project") and annual Community Development Block Grant (CDBG) Program Administration as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional Community Development Block Grant (CDBG) Program Administration consulting services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

3.1.2 Term. The term of this Agreement shall be from July 17, 2024 to June 30, 2026, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than One additional twoyear term. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.
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3.2 Responsibilities of Consultant.

Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control, the City being only concerned with the finished results of the work being performed. Neither City, nor any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be solely responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Neither Consultant nor Consultant's employees shall in any event be entitled to any benefits to which City employees are entitled, including, but not limited to, overtime, retirement benefits, workers’ compensation benefits, injury leave or other leave benefits. Consultant is solely responsible for all such matters, as well as compliance with social security and income tax withholding and all other regulations and laws governing such matters.

3.2.4 Force Majeure. Neither party shall be liable for any failure to perform or any impairment to its performance to the extent such failure or impairment is caused by (i) any 262
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act of God, fire, flood, natural catastrophe, labor dispute or strike or shortage, national or state emergency, epidemic or pandemic, insurrection, riot, act of terrorism, war, or act of government, and/or (iii) any other event, occurrence or circumstance beyond the reasonable control of either party (each, a “Force Majeure Event”) and such party gives notice of the Force Majeure Event within ten (10) days together with a description of the anticipated impairment or failure and its duration and such party resumes performs immediately upon conclusion of the Force Majeure Event.

3.2.5 Endorsement on PS&E/ Other Data. Consultant shall sign all plans, specifications, estimates (PS&E) and engineering data furnished by Consultant, and where appropriate will indicate Consultant’s authorized signature and professional registration number.

3.2.6 Conformance to Applicable Requirements. All work prepared by Consultant shall be in accordance with the Standard of Care as stated in this Agreement, subject to the City’s determination of conformance to such applicable requirements.

3.2.7 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. The key personnel for performance of this Agreement are as follows: Hender M. Linares, Chief Executive Officer

3.2.8 City's Representative. The City hereby designates Adam Atamian, Community Development Director, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative").

City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Work or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Scope of Work or change the Consultant's total compensation subject to the provisions contained in Section 3.3 of this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee.

3.2.9 Consultant's Representative. Consultant hereby designates Hender M.

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

3.2.10 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times.
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3.2.11 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant represents that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement.

3.2.12 Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If Consultant performs any work knowing it to be contrary to such laws, rules and regulations, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees, agents, and volunteers free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.2.13 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions, where applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subconsultants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.

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

3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "D" attached hereto and incorporated herein by reference. The total compensation shall not exceed NINETY-SEVEN THOUSAND FIVE HUNDRED DOLLARS ($97,500.00) without written approval of the City Council or City Manager as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "D" of this Agreement.

Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City.

3.3.6 Labor Code Requirements.

3.3.6.2 Registration. If the Services are being performed as part of an applicable “public works” or “maintenance” project, in addition to the foregoing, then pursuant to 265
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Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the project and require the same of any subconsultants. This project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code sections 1725.5 and 1771.1 shall not apply to Services performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code sections 1725.5 and 1771.1.

3.4 Accounting Records.

3.5 General Provisions.

3.5.1 Termination of Agreement.

3.5.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time, with or without cause, by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. City may not terminate this Agreement for cause without giving the Consultant notice and at least a ten (10) day opportunity to cure. Consultant may not terminate this Agreement except for cause.

Consultant: Mike Linares, Inc.
520 E Avenida Pico #3913
San Clemente, CA 92674
ATTN: Hender M. Linares, Chief Executive Officer
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City: City of San Clemente
910 Calle Negocio
San Clemente, CA 92673
ATTN: Adam Atamian, Community Development Director and
Laura Campagnolo, City Clerk
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.5.3 Ownership of Materials and Confidentiality.

3.5.3.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk.

Consultant shall have five (5) working days after receipt of the Release Notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the 267
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Proprietary Information after receipt of the Objection Notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information.

3.5.6 Indemnification.

3.5.6.1 To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s approval), indemnify the City, its directors, officials, officers, employees, volunteers and agents from third-party claims, demands, causes of action, costs (including attorney fees), fees, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, to the extent caused by the active or passive negligence, act, error, or omission illegal or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant's Services, the Project or this Agreement. Consultant’s obligation to indemnify shall not be restricted by any insurance provisions nor limited by availability of insurance proceeds.

3.5.6.2 If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.

3.5.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Orange County.

3.5.9 Time of Essence. Time is of the essence for each and every provision of this Agreement.

3.5.10 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.

3.5.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.
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3.5.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

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

3.5.18 Prohibited Interests. Consultant maintains and represents that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant represents that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this representation, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

3.5.21 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party represents that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.

3.5.22 Counterparts/Electronic Signatures. This Agreement may be signed in counterparts, each of which shall constitute an original. This Agreement may be signed with the same force and effect as original ink signatures.

3.6 Subcontracting.

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

CITY OF SAN CLEMENTE
By:________________________________
Andy Hall, City Manager
ATTEST: Dated: __________________, 2024
_____________________________
CITY CLERK of the City of
San Clemente, California
APPROVED AS TO FORM:
_____________________________
Elizabeth A. Mitchell, City Attorney

APPROVED AS TO AVAILABILITY
OF FUNDING:
_____________________________
Finance Authorization

Mike Linares, Inc., a California Corporation
(CONSULTANT)
By:_____________________________
Hender M. Linares, Chief Executive Officer, Chief
Financial Officer, Secretary
Dated: __________________
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EXHIBIT "A"

SCOPE OF SERVICES
Preparation of the FY 2025-2029 Consolidated Plan
(Including the FY 2024-2025 Action Plan)
AND
Annual CDBG Program Administration

CDBG PROGRAM ADMINISTRATION
Consultant, at the City’s request, will provide CDBG Administration Services, including but not limited to the following (collectively, the “Services”):
 Preparation of the City's Comprehensive Annual Performance and Evaluation Report (CAPER), including:
 Prepare CAPER according to HUD regulations
 Update IDIS with relevant year-end data
 Assist with the preparation of Council agenda reports and public hearing notices for citizen input
 Other tasks related to the preparation and submission of the CAPER  Preparation of the City's 2025-2029 Consolidated Plan, including the FY 2025- 2026 Annual Action Plan (a component of the Consolidated Plan), including:
 Prepare required narratives and tables for the submission of the Consolidate Plan 2025- 2029/FY 2025-2026 Action Plan
 Input Consolidated Plan and Annual Action Plan programs/activities into IDIS  Assist with the preparation of City Council agenda reports and public hearing notices for citizen input
 Other tasks related to the preparation and submission of the AAP  CDBG Subrecipient grant administration including:
 Assist the City in requesting and reviewing proposals for subrecipient CDBG funding
 Prepare subrecipient application forms
 Assist with the preparation of and administer sub-recipient agreements, including reviewing invoices for eligible costs and providing technical assistance to sub-recipients as needed
 Prepare or assist with the preparation of other HUD/CDBG-related reports, analysis, and administrative tasks, interaction with HUD staff, and general program consultation
 Update and coordinate IDIS activities, including:
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 Update/maintain the City's CDBG program data in IDIS
 Assist and coordinate IDIS activities with the City's Budget/Finance personnel to ensure timely reimbursement to the City for CDBG-eligible outlays and to help reconcile records between the City's accounting system and IDIS  Keep City staff informed of any updates/changes to HUD/CDBG requirements  Develop and maintain documentation (files) for CDBG monitoring and audit  Assist with reporting federal Davis-Bacon (prevailing wages) and Section 3 compliance for CDBG-funded construction projects as needed  Prepare or assist with the preparation of NEPA environmental reviews for HUD/CDBG activities
 Other CDBG-related administrative tasks as necessary
FY2025-2029 CONSOLIDATED PLAN
Several steps will be necessary to initiate and complete the preparation of the FY 2025-2029 Consolidated Plan (ConPlan):
 Citizen Participation: A significant portion of the ConPlan is dedicated to delineating the actions the City will take to obtain the input of residents and stakeholders during the preparation of the ConPlan. Community meetings, community surveys, focus groups, and public hearings are examples of actions that communities may utilize for this purpose. In consultation with City staff, Consultant will identify existing data sources that can be used to prepare this section of the ConPlan.
 Research and Analysis: The ConPlan content and format are dictated by HUD's eConPlan template; however, additional data collection and analysis are required to complete the template. Consultant will utilize existing data sources to augment data provided by HUD to complete applicable ConPlan narratives and tables.
 Strategic Annual Plan: The Strategic Plan portion of the ConPlan establishes programs and multi-year goals to address identified housing and community needs. The Strategic Plan will establish the general categories of programs and activities the City will carry out to address priority needs. Consultant will prepare applicable sections of the ConPlan in consultation with City staff to complete strategic five-year and annual activity goals.
 Annual Action Plan: The Annual Action Plan is the yearly expenditure plan for using CDBG funds. To undertake this process, the Consultant will work closely with City staff to determine which projects and programs will be funded with CDBG.
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 IDIS Set-up/Uploading: Upon completion and approval of the ConPlan by the San Clemente City Council, Consultant will set up and upload the ConPlan and FY 25-26 Annual Action Plan in IDIS, completing the initial stage of the process.

HUD's CPD Representative assigned to the City will review the submitted ConPlan and may request additional information or modifications or approve the document.
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EXHIBIT "B"

SCHEDULE OF SERVICES
Consultant shall timely and diligently perform the Services according to the following time tables.

Tentative FY 2025-2029 Consolidated Plan Preparation Schedule

TASKS TARGET DATE
South County service provider meeting October 2024
Data research and public input October 2024 – November 2024 Draft the Consolidated Plan December 2024 – January 2025 Meet with staff regarding 5-year Priorities January 2025

CDBG BUDGET COMMITTEE
(CDBG Public Service Grant Recommendations) February 2025 Final the Draft Consolidated Plan March 2025
Update Final Draft with Staff Comments March 2025
Assist with the preparation of City Council Agenda Report April 2025 CITY COUNCIL MEETING APRIL 2025
Revise and final Con Plan April 2025 – May 2025
SUBMIT CONSOLIDATED PLAN TO HUD ** May 15, 2025
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Tentative CDBG Program Annual Administration Cycle

MONTH CDBG - PROGRAM-RELATED TASK
July
 Start of Program Year – Setup CDBG activities in IDIS  Begin to collect & report data for the year-end report  Prepare public service grant agreements and related materials  Prepare NEPA reviews
August
 Collect and report program data for the year-end report  Coordinate year-end financial data with the City Finance Department  Prepare draft CAPER
September
 Coordinate the public review of CAPER
 Final CAPER
 Submit CAPER to HUD
October  Prepare new grant year CDBG Public Service Grant application November
 Solicit housing and non-housing programs/projects for CDBG funds  Distribute CDBG funding applications to sub-recipients & City departments December  Receive & review funding requests
January
 Prepare a draft CDBG expenditure plan
 Mid-year budget reviews and adjustments
February
 Hold required public review/meetings for the proposed use of HUD funds  Draft annual Action Plan
March
 Draft annual Action Plan
 Committee/Commission meetings
April
 Committee/Commission meetings
 Assist with the preparation of agenda report for City Council Action Plan approval
May
 Submit Action Plan to HUD
 Prepare grant agreements for the new program year
 Monitor sub-recipients
June
 Closeout program year
 Prepare grant agreements for the new program year
 Monitor sub-recipients
 Prepare for year-end reporting
Ongoing  Prepare various HUD-related quarterly, semi-annual, and annual reports 276
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EXHIBIT “C”

INSURANCE REQUIREMENTS

3.2.12 Insurance.

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

3.2.12.6 Primary and Non-Contributing Insurance. All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other 278
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insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.

3.2.12.12 Enforcement of Agreement Provisions (non estoppel).

3.2.12.13 Requirements Not Limiting. If the Consultant carries insurance with coverages or limits beyond the minimum requirements set forth herein, those coverages and limits shall be available.

3.2.12.14 Insurance for Subconsultants. Consultant shall include all subconsultants engaged in any work for Consultant relating to this Agreement as additional insureds under the Consultant's policies, or the Consultant shall be responsible for causing subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City, its officials, officers, employees, agents, and volunteers as additional insureds to the subconsultant's policies. All policies of Commercial General Liability insurance provided by Consultant’s subconsultants performing work relating to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and volunteers as additional insureds using endorsement form ISO CG 20 38 04 13 or an endorsement providing equivalent coverage. Consultant shall not allow any subconsultant to commence work on any subcontract relating to this Agreement until it has received satisfactory evidence of subconsultant’s compliance with all insurance requirements under this Agreement, to the extent applicable. The Consultant shall provide satisfactory evidence of compliance with this section upon request of the City.
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EXHIBIT “D”

COMPENSATION
In full compensation for the Services provided under the Agreement, the City shall pay the Consultant for actual work performed as follows: Consultant shall be paid a flat rate to prepare the Annual Action Plan of $6,750, a flat rate to prepare the CAPER ($7,750, and an hourly rate of $115 per hour for all other Services, except as identified below, with not to exceed amounts as set forth below. The total compensation under the Agreement shall not exceed $97,500.00.
2025-2029 CONSOLIDATED PLAN PREPARATION TASKS COSTS

DOCUMENT PREPARATION TASKS
 Review/Revise the Citizen Participation Plan & Prepare the Applicable Section of the Consolidated Plan
$2,500
 Prepare Housing Market Analysis $6,000
 Prepare Housing & Community Needs Assessments $6,000
 Prepare Strategic Plan $7,500
 Meeting(s) & Public Hearing(s) $2,000
 Prepare Annual Action Plan * $6,750
SUB-TOTAL $30,750

CON PLAN RELATED TASKS
 HUD Required Revisions NA
 Obtain/Prepare/Analyze Community Needs (i.e., community survey, existing data sources, etc.) **
$3,000
 Reprographics & Miscellaneous Expenses (cost +10%) ** $500 SUB-TOTAL $3,500
NOT TO EXCEED FIXED PRICE $34,250
* Preparation of the FY 25-26 Annual Action Plan is included in the cost of preparing the FY 2025-2029 ConPlan and will not be billed as an annual program administration cost for FY 24-25. General FY 24- 25 CDBG program administration will be billed at the agreed-to hourly rate for hours dedicated to regular program administration, minus the cost of preparing the FY 25-26 Action Plan (i.e., an annual Not to Exceed of $28,250); therefore, the total Not to Exceed for FY 24-25 for preparation of the FY 2025-2029 Consolidated Plan plus FY 24-25 CDBG Program Administration is $62,500. * FY 25-26 CDBG program administration is estimated to be a Not to Exceed amount of $35,000.

All rates are subject to an annual revision (at a time fitting for the City's budget preparation process) as agreed by the parties and such adjustment shall not exceed the Consumer Price Index (CPI) published by the U.S. Department of Labor Statistics for the area.

There are no reimbursable expenses under this Agreement except as expressly set forth above. 281
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WORKER’S COMPENSATION INSURANCE CERTIFICATION

WARNING: FAILURE TO SECURE WORKERS’ COMPENSATION

COVERAGE IS UNLAWFUL, AND SHALL SUBJECT AN EMPLOYER TO

CRIMINAL PENALTIES AND CIVIL FINES UP TO ONE HUNDRED THOUSAND DOLLARS ($100,000), IN ADDITION TO THE COST OF COMPENSATION, DAMAGES AS PROVIDED FOR IN SECTION 3706 OF THE LABOR CODE, INTEREST, AND ATTORNEY’S FEES.
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Dated: ________________________
Mike Linares, Inc., a California corporation (CONSULTANT) By: ________________________________
Hender M. Linares
________________________________
Chief Executive Officer
________________________________
520 E. Avenida Pico # 3913
San Clemente, CA 92674
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Attachment 3
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285
286
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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: July 17, 2024 Agenda Item: 11J.

Submitted By: Public Works
Prepared By: Dustin Burnside, Utilities Manager
Julie Schmidt, Management Analyst II
Subject:
..titl e

CONSIDERATION OF A RESOLUTION AWARDING A CONSTRUCTION CONTRACT TO JENNETTE COMPANY, INC. FOR THE WATER RECLAMATION PLANT SOLIDS HANDLING BUILDING CENTRIFUGE CONVEYOR MODIFICATIONS, CIP PROJECT NO. 23203 FOR AN AMOUNT NOT TO EXCEED $156,800, AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONSTRUCTION CONTRACT, APPROVING A 10% PROJECT CONTINGENCY, AND

FINDING THE PROJECT CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALIT ..body Y ACT
Fiscal Impact:

The estimated construction cost of $185,000 to modify the centrifuge conveyor is to be funded from the Sewer Depreciation Fund, Water Reclamation Plant (WRP) Solids Handling Building Centrifuge Conveyor Improvements, Account No. 054-476-43420-000-23203, where there is a balance of $241,464.

Summary:

As part of the wastewater treatment process, solids are separated from liquid in a Centrifuge through rapid rotation, resulting in non-liquid material referred to as “cake.” This material is then hauled to composting facilities for beneficial reuse. This is an important step in the process, as dewatering results in less tank space needed to store waste products. The critical Centrifuge Conveyer System is in need of modifications to prevent repetitive failures and to extend the useful life of the equipment.

Before the City Council is the award of a construction contract to Jennette Company, Inc. for the WRP Solids Handling Building Centrifuge Conveyor Modifications, for an amount not to exceed $156,800, and approval of a 10% project contingency of $15,700.

Background:

The Centrifuge Conveyor System in the Water Reclamation Plant Solids Handling Building, delivers dewatered sludge to storage containers to be used for additional processing and commercial composting. Regular and uninterrupted operation of this conveyor system is essential to avoid sludge storage issues. Repetitive failures of the conveyor system has been a challenge and modifications are needed to avoid future system failure and to extend its useful life. MBF Consulting, with input from City staff, identified the problem areas and designed the modifications necessary to eliminate future conveyer system failures.
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Meeting Date: July 17, 2024 Agenda Item: 11J.

CITY OF SAN CLEMENTE 2
City staff prepared a bid package for the modifications of the Centrifuge Conveyor System, notified local contractors, and advertised the project for competitive bidding on the PlanetBids website and in the SC Times. Four bids were received on February 6, 2024, ranging from $156,800 to $187,450, and the results are presented in the table below. The lowest responsive and responsible bidder was Jennette Company, Inc. of San Diego, California, at $156,800. While local contractors were notified of the bid advertising, no local contractors submitted a bid.

Table 1. Bid Summary
Company Name Company Location Bid Amount
Jennette Company, Inc. San Diego, CA $156,800
Vicon Enterprise, Inc. Anaheim, CA $160,000
Tharsos, Inc. La Mesa, CA $179,200
O’Connell Engineering & Construction, Inc. Winchester, CA $187,450 Staff recommends awarding the contract to the lowest responsive and responsible bidder, Jennette Company Inc., in the amount of $156,800. Based on the lowest bid, the total estimated construction costs for this project are as follows:

Table 2. Cost Summary
Construction Management and Inspection $12,500
Construction $156,800
Contingency (10%) $15,700
Total Estimated Construction Cost $185,000
289
Meeting Date: July 17, 2024 Agenda Item: 11J.

CITY OF SAN CLEMENTE 3
As required by state law and City policy,
Jennette Company, Inc. will be required to
provide Performance and Payment Bonds
simultaneously with execution of the
construction contract (Attachment 2) and will be
required to provide a Warranty Bond upon
completion of the Project. Project plans and
specifications are on file in the City Clerk’s
office.

Council Options:
 Adopt Resolution No. 24-119 (Attachment 1), awarding a construction contract to Jennette Company, Inc. for the WRP Solids Handling Building Centrifuge Conveyor Modifications, authorizing the City Manager to execute a construction contract for an amount not to exceed $156,800, approving a 10% project contingency of $15,700, and finding the project categorically exempt from the California Environmental Quality Act (CEQA).  Modify and adopt Resolution No. 24-119.
 Continue the item and direct staff to provide additional information.  Do not adopt Resolution No. 24-119 and put the project on hold.

Environmental Review/Analysis:

The project is categorically exempt from the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities, 14 CCR section 15301) of the State CEQA Guidelines because it involves repairs to existing City facilities which consists of modifications of existing conveyor systems at the same site with the same purpose and capacity, involves negligible or no expansion of existing or former use, and there is no possibility of a direct or reasonably foreseeable indirect effect on the environment.

Recommended Actions:

Staff Recommendation
..recommendation
Staff recommends that the City Council adopt Resolution No. 24-119, which will:
..recommendation

1. Award the WRP Solids Handling Building Centrifuge Conveyor Modifications, CIP Project No. 23203, construction contract to Jennette Company, Inc. as the lowest responsive and responsible bidder.

2. Authorize the City Manager to execute a contract with Jennette Company, Inc., providing for WRP Solids Handling Building Centrifuge Conveyor Modifications in an amount not to exceed $156,800, in a form substantially similar to Contract No. C24-119 (Attachment 2). 290
Meeting Date: July 17, 2024 Agenda Item: 11J.

CITY OF SAN CLEMENTE 4

3. Approve a 10% project contingency of $15,700.
..end
Attachments:

1. Resolution 24-119

2. Contract No. C24-43
Notification:

All bidders.
291
Attachment 1
RESOLUTION NO. 24-119

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, AWARDING A

CONSTRUCTION CONTRACT TO JENNETTE COMPANY,
INC. FOR THE WATER RECLAMATION PLANT SOLIDS

HANDLING BUILDING CENTRIFUGE CONVEYOR
MODIFICATIONS, CIP PROJECT NO. 23203 FOR AN
AMOUNT NOT TO EXCEED $156,800, PLUS A 10%

PROJECT CONTINGENCY, AUTHORIZING THE CITY

MANAGER TO EXECUTE THE CONSTRUCTION

CONTRACT, AND FINDING THE PROJECT

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

STATE CEQA GUIDELINES
WHEREAS, the Centrifuge Conveyor System at the Water Reclamation Plant (WRP) Solids Handling Building delivers dry sludge for disposal and requires modifications due to frequent break downs; and
WHEREAS, this project modifies and reconstructs the Solids Handling Building Centrifuge Conveyor system; and
WHEREAS, the City conducted formal competitive bidding for the Water Reclamation Plant Solids Handling Building Centrifuge Conveyor System Modifications, CIP Project 23203 (Project); and
WHEREAS, on February 6, 2024, the City received four (4) responsive bids ranging from $156,800 to $187,450 for the Project; and
WHEREAS, Jennette Company, Inc. was the lowest responsive and responsible bidder with a bid of $156,800.

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

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

SECTION 2. That based upon substantial evidence in the record as a whole, the Project is categorically exempt from the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities, 14 CCR section 15301) of the State CEQA Guidelines because it consists of repairs to existing City facilities, involves negligible or no expansion of existing or former use and there is no possibility of a direct or reasonably foreseeable indirect effect on the environment.

SECTION 3. That the Construction Contract for the Water Reclamation Plant 292
Resolution No. 24-119 Page 2
Solids Handling Building Centrifuge Conveyor Modifications, CIP Project No. 23203, is hereby awarded to Jennette Company, Inc.

SECTION 4. That the City Manager is authorized and directed to execute a construction contract for the Water Reclamation Plant Solids Handling Building Centrifuge Conveyor Modifications, CIP Project No. 23203 with Jennette Company, Inc. in an amount not to exceed $156,800, in a form substantially similar to that presented to City Council on July 17, 2024;
SECTION 5. That a 10% project contingency of $15,700 is hereby approved.

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

PASSED AND ADOPTED this _____ day of ____________________, 2024.

ATTEST:
___________________________ __________________________
City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 24-119 was adopted at a regular meeting of the City Council of the City of San Clemente held on the _______ day of _______________________, _________, by the following vote:

AYES:

NOES:

ABSENT:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this _____ day of _________________, ________. __________________________
CITY CLERK of the City of
San Clemente, California
293
Resolution No. 24-119 Page 3
Approved as to form:
___________________________
Elizabeth A. Mitchell, City Attorney
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SECTION 00500

CONTRACT

THIS CONSTRUCTION CONTRACT FOR WATER RECLAMATION PLANT SOLIDS HANDLING BUILDING CENTRIFUGE CONVEYOR MODIFICATIONS, PROJECT NO. 23203 (“Contract”) is made this _____ day of _________, 2024, in the County of Orange, State of California, by and between the City of San Clemente hereinafter called City, and Jennette Company, Inc., a California corporation hereinafter called Contractor. City and the Contractor for the considerations stated herein agree as follows:

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

WATER RECLAMATION PLANT SOLIDS HANDLING BUILDING CENTRIFUGE CONVEYOR MODIFICATIONS, PROJECT NO. 23203
The Contractor and its surety shall be liable to City for any damages arising as a result of the Contractor’s failure to comply with this obligation.

ARTICLE 2. TIME FOR COMPLETION. The Work shall be commenced on the date stated in City’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within 60 calendar days from the commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work.

ARTICLE 3. CONTRACT PRICE. City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of One Hundred Fifty Six Thousand Eight Hundred Dollars ($156,800). Payment shall be made as set forth in the General Conditions.

At any time during the term of the Contract, City may, pursuant to the terms and provisions of the Contract Documents, request that the Contractor perform additional work. Contractor shall not perform, nor be compensated for, additional work without written authorization from the City pursuant to the terms and provisions of the Contract Documents. Approved additional work shall not exceed the 10% project contingency of $15,700.

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

Attachment 2
295
Notice Inviting Bids
Instructions to Bidders
Bid Form
Contractor’s Certificate Regarding Workers’ Compensation Bid Bond
Designation of Subcontractors
Information Required of Bidders
Non-Collusion Declaration form
Iran Contracting Act Certification
Public Works Contractor Registration Certification
Contract
Performance Bond
Payment Bond
General Conditions
Special Conditions
Technical Specifications
Addenda
Plans and Drawings
Approved and fully executed change orders
Any other documents contained in or incorporated into the Contract The Contactor shall complete the Work in strict accordance with all of the Contract Documents.

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

ARTICLE 8. PREVAILING WAGES. Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates shall be made available at City Clerk Office or may be obtained online at http//www.dir.ca.gov/dlsr. and which must be posted at the job site.
[SIGNATURES ON FOLLOWING PAGE]
296
IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and year above written.

CITY OF SAN CLEMENTE
By:________________________________
Andy Hall, City Manager
ATTEST:
______________________________ Dated: ____________________, 2024 CITY CLERK of the City of
San Clemente, California
APPROVED AS TO FORM:
____________________________
Elizabeth A. Mitchell, City Attorney

APPROVED AS TO AVAILABILITY
OF FUNDING:
________________________________
Finance Authorization

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

END OF CONTRACT
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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: July 17, 2024 Agenda Item: 11K.

Submitted By: Public Works
Prepared By: David Rebensdorf, Public Works Director/City Engineer Rick Milam, Maintenance Operations Supervisor
Subject:
..titl e

CONSIDERATION OF A RESOLUTION TO APPROVE AMENDMENT NUMBER ONE WITH SWEEPING CORPORATION OF AMERICA IN THE AMOUNT OF $580,716 TO CONTINUE

STREET SWEEPING SERVICES FOR ONE YEAR, AND FINDING THE PROJECT CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT ..body Fiscal Impact:

Yes. There is available budget within the Clean Ocean Fund, Street Cleaning account for this expenditure. Funding for street cleaning was previously part of the voter initiative for the Clean Ocean Fee that sunset on June 30, 2020.

Summary:

On May 18, 2021, the City Council approved a three-year Agreement with Cannon Pacific Services, Inc. dba Pacific Sweeping to perform street sweeping services for the City through June 30, 2024. Subsequently, Pacific Sweeping was purchased by Sweeping Corporation of America (SCA). The original Agreement provides an option for two one-year extensions. Staff is recommending to amend the Agreement, extending services for one-year to continue to provide street sweeping services, which is necessary to keep the public right-of-way safe, clean, and improve water quality when runoff occurs on public streets.

Background:

Street sweeping is necessary to clean debris and sediment from portions of the street, curb and gutter. By removing the material within the street prior to it reaching the City’s storm drain system, it improves water quality in the drainage system, coastal canyons, beaches, and the Pacific Ocean. In addition, street sweeping keeps the public right-of-way safe and clean.

In 2008, the City Council approved a transition
to from in-house street sweeping to a
contractual provider for an estimated cost
savings of $20,650 per year and to avoid a
$250,000 purchase for a new sweeper vehicle
at the time.

On March 2, 2021, the Citywide Street
Sweeping RFP was posted on PlanetBids,
following the evaluation of received proposals,
Canon Pacific Services emerged as the lowest bidder and was subsequently awarded the Street 298
Meeting Date: July 17, 2024 Agenda Item: 11K.

CITY OF SAN CLEMENTE 2
Sweeping Services Agreement. Notably, on February 23, 2021, Sweeping Corp. of America (SCA) acquired Canon Pacific Services, thereby inheriting and committing to fulfill the obligations outlined in the contract previously held by Canon Pacific Services Inc., doing business as Pacific Sweeping. This change in ownership and contractual responsibility occurred prior to the commencement of the street sweeping services under the awarded Agreement.

The Agreement allows for two one-year extensions and an annual increase in cost which SCA chose not to implement during the first three years. The cost per linear curb mile was $21, and SCA has agreed to a new rate for the additional one-year period of $27 per linear curb mile through negotiations with City staff. The primary drivers for the higher unit cost include increases in labor, equipment, and natural gas prices. Staff is recommending approval of a one-year extension to the existing contract with SCA in the amount of $580,716 from a previous cost of 451,668. While the increase may seem high, staff has reviewed recent bids from other Cities and found per linear curb mile costs much higher than $27.

Due to rising costs within the industry and new regulations, it may be cost effective for the City to perform the services in-house again. Prior to issuance of a Request for Proposal (RFP) for services in future years, staff will analyze in-house costs compared to contracting for the service.

Council Options:
 Adopt Resolution No. 24-120, approving Amendment No. 1 with SCA to continue Street Sweeping services for up to one year while City staff analyzes options for future service.  Modify and adopt Resolution No. 24-120.
 Continue the item with direction to provide additional information.  Do not adopt Resolution No. 24-120 or approve Amendment No. 1 with SCA to continue Street Sweeping services for up to one year.

Environmental Review/Analysis:

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

Recommended Actions:

Staff Recommendation
Staff recommends that the City Council adopt Resolution No. 24-120, which will authorize the City Manager to execute Amendment No. 1 with SCA to continue Street Sweeping for up to one year. ..recommendation
..end
Attachment:

1. Resolution No. 24-120

2. Amendment No. 1 between the City of San Clemente and SCA

3. May 18, 2021 Agenda Report

4. Maintenance Services Agreement with Cannon Pacific Services, Inc. dated May 18, 2021. 299
RESOLUTION NO. 24-120

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, AUTHORIZING THE CITY
MANAGER TO EXECUTE AMENDMENT NO. 1 BETWEEN

THE CITY OF SAN CLEMENTE AND SCA TO CONTINUE

STREET SWEEPING SERVICES FOR ONE YEAR, AND

FINDING THE PROJECT CATEGORICALLY EXEMPT FROM

THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
WHEREAS, City and Cannon Pacific Services, Inc. dba Pacific Sweeping (“Pacific Sweeping”) entered into that certain Agreement for Maintenance Services for Street Sweeping (the “Agreement”) on May 18, 2021; and
WHEREAS, Sweeping Corp. of America (SCA) acquired Canon Pacific Services on February 23, 2021, thereby inheriting and committing to fulfill the obligations outlined in the contract previously held by Canon Pacific Services, Inc. and is the successor in interest of Pacific Sweeping; and
WHEREAS, Section 3.1.2 of the Agreement specifies an initial term through June 30, 2024, with the option to extend the total Agreement term by up to two (2) one-year extensions; and
WHEREAS, City desires to exercise the first one-year term extension, to provide for City-wide street sweeping through June 30, 2025.

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

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

Section 2. That this project is categorically exempt from the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities, 14 CCR section 15301) of the State CEQA Guidelines because it consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use, and there is no reasonable possibility that the activity will have a significant direct or foreseeable indirect effect on the environment.

Section 3. That approval is hereby granted for the City to authorize the City Manager to execute Amendment No. 1 between the City of San Clemente and SCA to continue Street Sweeping through June 30, 2025.

Section 4. That staff is authorized and directed to take such other and further actions and execute such other and further documents as may be necessary to accomplish the purposes of this resolution.

Attachment 1
300
Resolution No. 24-120 Page 2
Section 5. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

PASSED AND ADOPTED this _____ day of ____________________, 2024.

ATTEST:
___________________________ __________________________
City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California
301
Resolution No. 24-120 Page 3

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 24-120 was adopted at a regular meeting of the City Council of the City of San Clemente held on the _______ day of _______________________, _________, by the following vote:

AYES:

NOES:

ABSENT:

FIRST AMENDMENT TO

AGREEMENT FOR MAINTENANCE SERVICES FOR

STREET SWEEPING
This First Amendment to the Agreement for Maintenance Services for Street Sweeping (this “First Amendment”) is made and entered into on this 1st day of July, 2024, by and between the CITY OF SAN CLEMENTE, a California municipal corporation (“City”), and SCA of CA, LLC, a Delaware limited liability company (“Contractor”).

R E C I T A L S:

A. City and Cannon Pacific Services, Inc. dba Pacific Sweeping (“Pacific Sweeping”) entered into that certain Agreement for Maintenance Services for Street Sweeping (the “Agreement”) on May 18, 2021.

B. Contractor is the successor in interest of Pacific Sweeping, having purchased Pacific Sweeping on February 23, 2021 and having assuming its obligations, including those requiring Contractor to fulfill the obligations under the Agreement.

C. Section 3.1.2 of the Agreement specifies an initial term through June 30, 2024, with the option to extend the total Agreement term by up to two (2) one-year extensions.

D. City desires to exercise the first one-year term extension, to provide for City-wide street sweeping through June 30, 2025.

E. Section 3.3.6 of the Agreement specifies the rate set forth may be adjusted each year at the time of renewal.

F. City and Contractor desire to amend the Agreement increasing the Unit Cost to $27.00 from $21 for the one-year term extension of July 1, 2024 through June 30, 2025.

G. City and Contractor desire to increase the maximum payment amount of the Agreement to correspond to the new extended term of the Agreement and provide for the final extension.

H. City and Contractor desire to amend the Agreement in the manner provided herein.

COVENANTS

1. Contractor acknowledges and agrees that it shall perform all the obligations under the Agreement of Cannon Pacific Services, Inc. dba Pacific Sweeping.

Attachment 2
303
2 of 5

2. The City hereby exercises its unilateral option under Section 3.1.2 of the Agreement to renew this Agreement for one (1) additional one-year such that the Agreement shall expire on June 30, 2025 unless otherwise terminated or further extended.

3. Section 3.3.1 of the Agreement titled “Compensation” is hereby replaced in its entirety with the following:

3.3.1 Compensation.

Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in the Contractor's Cost Proposal Form in Exhibit “A” attached hereto and incorporated herein by reference. The total compensation for the initial term through June 30, 2024 shall not exceed One Million, Three Hundred Eighty-Five Thousand and Four DOLLARS ($1,385,004.00) without written approval of City’s City Council. The total compensation for the First Amendment to the Agreement, exercising the first oneyear term extension through June 30, 2025, shall not exceed Five Hundred Eighty Thousand, Seven Hundred Sixteen DOLLARS ($580,716.00) without written approval of City Council. The total compensation for the second one-year term extension, if exercised by the City Manager in his sole and absolute discretion, shall not exceed the compensation for the first one-year term extension plus an adjustment based on cost increases in labor, equipment and natural gas.. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

4. Exhibit A to the Agreement is hereby replaced in its entirety by Exhibit A to this First Amendment, which is hereby fully incorporated by this reference.

5. Except as expressly amended by this First Amendment, the remaining portions of the Agreement shall remain in full force and effect.
[SIGNATURES ON FOLLOWING PAGE]
304
3 of 5
IN WITNESS WHEREOF, the Parties hereto have caused this First Amendment to be duly executed on the respective dates set forth opposite of their signatures effective as of the date first written above.

CITY OF SAN CLEMENTE
By:________________________________
Andy Hall, City Manager
ATTEST: Dated: __________________, 2024
________________________
CITY CLERK of the City of
San Clemente, California
APPROVED AS TO FORM:
_____________________________
Elizabeth A. Mitchell, City Attorney

APPROVED AS TO AVAILABILITY
OF FUNDING:
_____________________________
Finance Authorization

SCA of CA, LLC
(“CONTRACTOR”)
By:

Jonathan David Sisler, CEO,
Manager/Member
Dated: __________________, 2024
By:

Jean Francois Souliere,
Manager/Member
Dated: __________________, 2024
305
4 of 5
EXHIBIT “A”

COST PROPOSAL FORM
(Included on the following page)
306
5 of
5 307
Attachment 3
308
309
Attachment 4
310
311
312
313
314
315
316
317
318
319
55452.01100\31090125.5
EXHIBIT “A”

SCOPE OF MAINTENANCE SERVICES
(Included in the Specifications
on the following pages)
320
55452.01100\31090125.5
EXHIBIT “B”

SCHEDULE OF MAINTENANCE SERVICES
(Included in the contractor's proposal on the following pages and the Route Maps and Listings under Exhibit “G”)
321
55452.01100\31090125.5 Exhibit “C”
EXHIBIT “C”

INSURANCE REQUIREMENTS

1.1 Insurance.

1.1.1 Time for Compliance. Contractor shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section.

1.1.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Contractor, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, 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, with limits of not less than $1,000,000 per occurrence and not less than $2,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); or (3) containing any other exclusion(s) contrary to the terms or purposes of this Agreement. (B) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering “Any Auto” (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $1,000,000 combined limit for each occurrence. [***NOTE:

If Contractor does not own any company vehicles or may not be able to purchase a Business Automobile Insurance Policy, the requirement may be satisfied by providing either of the following: (1) a Personal Automobile Liability policy for the Contractor’s own vehicle stipulating “Automobile Liability Insurance with a limit of not less than $1,000,000 each accident”; and (2) a non-owned auto endorsement to the Commercial General Liability policy if Contractor uses vehicles of others (e.g., vehicles of employees.
(C) Workers’ Compensation: Workers’ Compensation
Insurance, as required by the State of California and Employer’s Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease. (D) 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 minimum limits of $2,000,000 per loss and $4,000,000 total all losses. The policy shall contain no endorsements or provisions limiting contractual liability or coverage for cross liability of claims or suits by one insured against another. 322
55452.01100\31090125.5 Exhibit “C”

1.1.3 Endorsements. Required insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
(A) Commercial General Liability [INSERT “and Contractor’s Pollution Liability”; OTHERWISE, ALWAYS DELETE]:
(1) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement. For all policies of Commercial General Liability insurance, Contractor shall provide endorsements in the form of ISO CG 20 10 10 01 (or endorsements providing the exact same coverage) to effectuate this requirement.

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 or purposes of this Agreement. (2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (B) Automobile Liability:
(1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (C) Workers’ Compensation:
(1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.

1.1.4 Primary and Non-Contributing Insurance. All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.

1.1.5 Waiver of Subrogation. All required policies of Commercial General Liability and Automobile Liability insurance 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 the City, its officials, officers, employees, agents and volunteers and shall require similar written express waivers and insurance clauses from each of its subcontractors.

1.1.6 Deductibles and Self-Insured Retentions. Any deductible or self-insured retention greater than $5,000 must be approved in writing by the City and shall protect the City, its officials, officers, employees, agents and volunteers in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.
323
55452.01100\31090125.5 Exhibit “C”

1.1.7 Evidence of Insurance. The Contractor, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates on forms approved by the City, together with all endorsements affecting each policy. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, 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.

1.1.8 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 Agreement.

1.1.9 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.

1.1.10 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 imposed no additional obligation on the City nor does it waive any rights hereunder.

1.1.11 Requirements Not Limiting. Requirement of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance.

1.1.12 Insurance for Subcontractors. Contractor shall include all subcontractors engaged in any work for Contractor relating to this Agreement 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 Contractor’s subcontractors performing work relating to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and volunteers as additional insureds using endorsement form ISO CG 20 38 04 13 or an endorsement providing equivalent coverage. 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 Agreement, to the extent applicable. The Contractor shall provide satisfactory evidence of compliance with this section upon request of the City. 324
55452.01100\31090125.5
EXHIBIT “D”

PERFORMANCE AND PAYMENT BONDS
(Included on the following pages)
325
326
327
328
329
330
331
332
333
334
335
336
337
338
339
340
341
342
343
344
345
346
347
348
349
350
351
352
353
354
355
356
357
358
359
360
361
362
363
364
365
366
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: July 17, 2024 Agenda Item: (1)
Submitted By: City Clerk
Prepared By: Laura Campagnolo, City Clerk
Subject:
..titl e

RESIGNATION OF RICHARD KAY FROM THE BEACHES, PARKS AND RECREATION COMMISSION ..body
Fiscal Impact:

None.

Summary:

On June 18, 2024, the City Council held interviews and made appointments to fill vacancies on all of the City Commissions and Committees. The City received nine applications to fill four vacancies on the Beaches, Parks and Recreation Commission. As part of the interview process, Richard Kay was interviewed by City Council and appointed to the Beaches, Parks and Recreation Commission. Mr. Kay has since resigned from his position on the Beaches, Parks and Recreation Commission.

The Beaches, Parks and Recreation Commission consists of seven members. With the resignation of Mr. Kay, the City Council may determine to make an appointment from a list of eligible applicants that were interviewed on June 18, 2024, or direct the City Clerk to readvertise the vacant position, set an interview date, and interview all applicants.

Should the City Council choose to select a candidate from the recent interviews, the applications are provided as attachments to this administrative report.

Council Options:
 Make an appointment to the Beaches, Parks and Recreation Commission from the list of eligible candidates interviewed on June 18, 2024.
 Direct the City Clerk to advertise for the vacancy on the Beaches, Parks and Recreation Commission and set an interview date to interview applicants.  Take no action.

Environmental Review/Analysis:

This is not a “project” under the California Environmental Quality Act. 367
Meeting Date: July 17, 2024 Agenda Item: (1)
CITY OF SAN CLEMENTE 2
Recommended Actions:

Staff Recommendation ..recommendation

1. Accept the resignation of Richard from the Beaches, Parks and Recreation Commission, with regret.

2. Select an applicant from the June 18, 2024 applicant pool, using the same voting method as was done at the interviews on June 18, 2024.
..end
Attachment:

1. Applications for Beaches, Parks and Recreation Commission candidates from the June 18, 2024 interviews.

Notification:

Beaches, Parks and Recreation Commission applicants.
368
1 City of San Clemente, CA: BPR COMMISSION APPLICATION
A new entry to a form/survey has been submitted.

Form Name:

Date & Time:

Response #:

Submitter ID:

Service Application - Beaches, Parks and Recreation Commission 05/06/2024 11:22 AM
4 29600
Time to complete: 29 min. , 39 sec.

Survey Details

Page 1 ends

San Clemente City CouncilJuly 17, 2024

San Clemente City Council
July 17, 2024