San Clemente City Council
December 10, 2024

Minutes of the Regular Meeting of the Public Safety Committee of September 24, 2024

MOTION BY VICE CHAIR GREENWALD, SECOND BY MEMBER
HAZEL TON, AND CARRIED 3-0-2 (MEMBERS RHODEN AND NERI
ABSENT) to add Park Ranger Program for FY2025 as an additional Work Plan Project.

9. UNFINISHED BUSINESS
A. Public Safety Committee Annual Work Plan FY2023-2024 (1) Communications and Disaster Preparedness Project Update Community Development Director Atamian discussed the proposed Emergency Management position; future considerations for the development of the Public Safety Department;
(2) Homelessness and Best Management Practices for Public Safety Personnel Project Update
None.
(3) Neighborhood Watch
Vice Chair Greenwald questioned whether the activities of Ryan Case should be combined with the future Work Plan to assist in his efforts to build more community crime prevention programs.

Community Development Director Atamian suggested using the Neighborhood Watch program to support crime prevention activities.
(4) Statistical Information and Review
None.
(5) Human Trafficking
None.
(6) E-Bicycle/Traffic Safety
Community Development Director Atamian presented a summary of the E-bike Ordinance submitted to Council on August 20, 2024 noting the inadvertent omission of an age restriction for e-bike passengers in Section 10.62.020 Item A.4.

In response to committee questions, Community Development Director Atamian clarified the e-bike age restrictions during hours of darkness. 251

Minutes of the Regular Meeting of the Public Safety Committee of September 24, 2024

MOTION BY VICE CHAIR GREENWALD, SECOND BY MEMBER
HAZEL TON, AND CARRIED 3-0-2 (MEMBERS RHODEN AND NERI
ABSENT) to recommend the City Council adopt an ordinance amendment to include an additional passenger restriction to prohibit passengers on e-bikes without an operator either 16 years of age with a valid driver's license, or 18 years of age.

Chair Berkuta discussed bicycle and e-bike safety programs and suggested inclusion of training certification.
(7) Technology Review
Chair Berkuta discussed rebates for security alarm systems.

MOTION BY VICE CHAIR GREENWALD, SECOND BY MEMBER
HAZEL TON, AND CARRIED 3-0-2 (MEMBERS RHODEN AND NERI
ABSENT) to add discussion of public safety rebates for security alarm systems, and security cameras to a future agenda.
(8) Review of Urgent Matters
None.

10. REPORTS OF COMMITTEE MEMBERS AND STAFF (Continued)
A. Police Services - Orange County Sheriff's Department Capt. Christian Captain Christian reported on recent activity. He discussed use of and potential additions to the FLOCK camera system.

B. Fire Services - Orange County Fire Authority, Chief Maule None.

C. Marine Safety - Marine Safety Division Capt. Mellott Chief Mellott provided statistics on visitors, rescues, and staffing.

D. Committee Chair
None.

E. Committee members
None.
252

Minutes of the Regular Meeting of the Public Safety Committee of September 24, 2024 F. City Staff
None.

11. ADJOURNMENT

MOTION BY CAPTAIN CHRISTIAN, SECOND BY VICE CHAIR GREENWALD, AND CARRIED 3-0-2 (MEMBERS RHODEN AND NERI ABSENT), to adjourn the meeting at 4:45 p.m., in memory of Denise Ware, an eight-year member or the City's 'Retired Senior Volunteer Program (RSVP), to the next Regular Meeting of the Public Safety Committee scheduled to be held on Tuesday, October 22, 2024, at 3:00 p.m. at City Hall in Council Chambers of City Hall at 910 Calle Negocio, San Clemente, California.

Respectfully submitted,
Attest:

Adam Atamian, Comrnu1iity Development Director
253
ORDINANCE NO. 1778

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, AMENDING SAN
CLEMENTE MUNICIPAL CODE TITLE 10 -VEHICLES AND
TRAFFIC, ADDING CHAPTER 10.62 TO ESTABLISH

REGULATIONS FOR THE OPERATION AND USE OF

ELECTRIC BICYCLES AND OTHER FORMS OF ELECTRIC

TRANSPORTATION AND FINDING THE ORDINANCE NOT

SUBJECT TO THE CALIFORNIA ENVIRONMENTAL

QUALITY ACT
WHEREAS, the City of San Clemente, California ("City") is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, the City has experienced a significant increase in the use of electric bicycles and other electric transportation devices, leading to concerns regarding public safety and the need for regulation; and
WHEREAS, existing municipal code provisions under San Clemente Municipal Code (SCMC) section 12.32.130 regulate the use of bicycles and electric bicycles, emphasizing safe and regulated use in public areas such as the Municipal Pier, Beach Access Road, Beach, and Beach Trail, and defines bicycles and e-bikes, including Class 1, 2, and 3 e-bikes, and sets forth areas where these can be used or are restricted; and
WHEREAS, the Public Safety Committee has considered the necessary components of an e-bike safety ordinance as part of the Committee's E-bicycle/Traffic Safety Project contained in the Committee's Fiscal Year 2023-2024 Work Plan; and WHEREAS, the Public Safety Committee has determined that additional regulations are needed to adequately address the safety concerns and usage impacts of e-bikes, particularly in high-traffic and shared community spaces. The Committee reviewed and deliberated on the necessary contents of additional regulations at their meeting of March 26, 2024, and recommended that the City Council initiate an ordinance to amend the SCMC to enhance safety measures for both pedestrians and ebike riders; and WHEREAS, the City Council seeks to establish clear rules and guidelines for the operation of electric bicycles and other electric transportation devices to ensure safety and harmony within the community; and
WHEREAS, on May 7, 2024, the City Council directed staff to develop an ordinance regulating the operation and use of electric bicycles based on recommendations of the Public Safety Committee; and
Attachment 3
254
Ordinance No. 1778 Page 2
WHEREAS, these regulations are designed to align with California state laws and provide a framework for enforcement and penalties for violations; and WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred.

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

Section 1. Incorporation of Recitals. The recitals above are true and correct and are hereby incorporated as findings as if fully set forth herein.

Section 2. CEQA. The City Council finds that this Ordinance is not a subject to the California Environmental Quality Act (CEQA). The Ordinance does not qualify as a project because it has no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment. (State CEQA Guidelines, 15378(a).) The language merely modifies existing restrictions and prohibitions, absent an applicable exception, regarding the operation of electric bicycles and other forms of personal electric transportation devices on public property. In the alternative, the City Council finds that the Ordinance falls within the sense" exemption set forth in State CEQA Guidelines section 15061(b)(3), which exempts activity from CEQA where can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the Here, it can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment because the Ordinance simply modifies existing restrictions and prohibitions regarding the operation of electric bicycles and other forms of personal electric transportation devices on public property; the Ordinance will not result in any development or in any new activity with the potential to impact the environment.

Section 3. Code Amendment. Chapter 10.62 is hereby added to the San Clemente Municipal Code to read in its entirety as follows:

Chapter 10.62: Regulations of Electric Bicycles and Other Electric Transportation Devices
Section 10.62.010- Definitions.

For the purposes of this Chapter, the following terms shall have the meanings ascribed to them in this Section:

A. shall have the same meaning as set forth in California Vehicle Code Section 231, as amended from time to time.

B. or shall have the same meaning as set forth in
California Vehicle Code Section 312.5, as amended from time to time, and shall be categorized as follows:
255
Ordinance No. 1778 Page 3

1. Class 1 Electric Bicycle: An electric bicycle equipped with a motor that provides assistance only when the rider is pedaling and ceases to provide assistance when the bicycle reaches a speed of 20 miles per hour.

2. Class 2 Electric Bicycle: An electric bicycle equipped with a motor that may be used exclusively to propel the bicycle and ceases to provide assistance when the bicycle reaches a speed of 20 miles per hour.

3. Class 3 Electric Bicycle: An electric bicycle equipped with a motor that provides assistance only when the rider is pedaling and ceases to provide assistance when the bicycle reaches a speed of 28 miles per hour. Such electric bicycles shall be equipped with a speedometer.

C. Personal Assistive Mobility shall have the same meaning as set forth in California Vehicle Code Section 313, as amended from time to time.

D. Motorized Boards" shall have the same meaning as set forth in California Vehicle Code Section 313.5, as amended from time to time.

E. Motorcycle" shall mean any electric-powered or
vehicle with a motor of more than 750 watts and a lack of operable pedals. Such vehicles shall not be considered an electric bicycle and shall be treated as a motorcycle as defined by California Vehicle Code Sections 400(a) and 400(b).

F. shall mean any publicly maintained way or place open to the use of the public for purposes of vehicular travel, including streets.

G. of shall mean all times of the week that occur between thirty (30) minutes past sunset to thirty (30) minutes before sunrise.

H. Vehicle" shall have the same meaning as set forth in California Vehicle Code Section 385.5, as amended from time to time. |. Scooter" shall have the same meaning as set forth in California Vehicle Code Section 407.5, as amended from time to time, J. shall mean any person who owns, operates, or controls a regulated mobility device.

K. Area" shall mean any outdoor area open to the public for public use, whether owned or operated by the City or a private party.

L. Mobility Device" shall include bicycles, electric bicycles, electric personal assistive mobility devices, electrically motorized boards, low-speed vehicles, motorized scooters, shared mobility devices and other similar vehicles.

M. shall mean a traveler riding on a regulated mobility device who is not operating it.
256
Ordinance No. 1778 Page 4
N. Mobility Device" shall have the same meaning as set forth in California Civil Code Section 2505, as amended from time to time.

0. shall mean an acrobatic stunt where the front tire or wheel is lifted off the ground due to extreme torque being applied to the rear wheel while in motion.

P. or shall mean a trick performed on a motorcycle or
bicycle where the back wheel is lifted by abruptly applying the front brake, then reducing the brake pressure to ride for a short distance on the front wheel.

Section 10.62.020- Operation and Use of Electric Bicycles and Electric Motorcycles
A. It shall be unlawful for any person to ride or operate any electric bicycle, motordriven cycle, or any other electric or motorized conveyance unless such ride or operation complies with the following provisions:

1. Unsafe Operation Prohibited. No person shall ride or operate an electric bicycle, motor-driven cycle, or any other electric or motorized conveyance in an unsafe manner. "Unsafe manner" shall mean operating in such a way as that violates any provision of state law or the municipal code or constitutes a danger to the operator, a passenger, other motorists, other riders, or pedestrians in the area.

2. Helmet Requirement. All operators and passengers under 18 years of age shall wear a helmet properly strapped while riding or operating an electric bicycle, motor-driven cycle, or any other electric or motorized conveyance, as specified in California Vehicle Code Section 21212.

3. Direction of Travel. The operator of a bicycle, electric bicycle, electric scooter, or electric skateboard shall travel in the same direction as vehicles are required to be driven upon the roadway, regardless of whether or not the operator is in the roadway or in a bike lane.

4. Passenger Restrictions. No person riding or operating an electric bicycle, motor-driven cycle, or any other electric or motorized conveyance shall transport another person upon an electric bicycle, motor-driven cycle, or any other electric or motorized conveyance unless such passenger is seated upon a seat attached to the vehicle in a safe manner. No person shall be a passenger on an electric bicycle, motor-driven cycle, or any other electric or motorized conveyance unless such passenger is seated upon a seat attached to the vehicle in a safe manner.

5. Requirements During Hours of Darkness.
a. During Hours of Darkness, electric bicycles shall only be operated by persons 16 years of age or older.
257
Ordinance No. 1778 Page 5
b. During Hours of Darkness, electric bicycles shall only be operated with a front lamp emitting a white light visible from a distance of 300 feet and a rear solid or red lightwith a built-in reflector visible from a distance of 500 feet.

6. Prohibited Actions.
a. it shall be unlawful to operate electric bicycles on highways, roadways, or sidewalks while performing stunts such as wheelies or endowheelies (stoppies). b. It shall be unlawful to operate electric bicycles while utilizing a hand-held mobile communication device, such as using a mobile phone to text.

7. Use of Designated Lanes. E-bike operators must use designated bicycle lanes where available. In the absence of a designated bicycle lane, cyclists and e-bike riders are permitted to use sidewalks; however, e-bike operators must yield the to all pedestrians and bicycle-riders and maintain a cautious speed that does not endanger pedestrian safety.

8. Requirements for Class 3 Electric Bicycles.
a. A person must be 16 years of age or older to operate a Class 3 electric bicycle.
b. All persons operating or riding as a passenger upon a Class 3 electric bicycle shall comply with Section 21213 of the California Vehicle Code regarding the wearing of a properly fitted and fastened bicycle helmet.
c. Class 3 E-Bikes shall not be ridden on any sidewalks or any public off-road trails within the City of San Clemente.

9. Compliance with Safety Standards. An electric bicycle shall meet the following criteria:
a. Comply with the equipment and manufacturing requirements for bicycles adopted by the United States Consumer Product Safety Commission (16 CPR. 1512.1, et seq).
b. Operate in a manner so that the electric motor is disengaged or ceases to function when the brakes are applied, or operate in a manner such that the motor is engaged through a switch or mechanism that, when released or activated, will cause the electric motor to disengage or cease to function.
258
Ordinance No. 1778 Page 6
c. A person shall not tamper with or modify an electric bicycle so as to change the speed capability of the bicycle unless he or she appropriately replaces the label indicating the classification.

10. Electric Motorcycles. Electric Motorcycles shall not be operated within the limits of the City of San Clemente without the following:
a. The operator shall have a valid motorcycle license as required by California Vehicle Code Section 12500(b); and
b. The Electric motorcycle shall have, and the operator shall carry proof of, valid registration and license plate as required by California Vehicle Code Section 4000(a)(1); and
c. All operators and riders shall wear a helmet approved by the United States Department of Transportation (DOT) as required by California Vehicle Code Section 27803(b); and
d. All operators shall have and maintain evidence of financial responsibility (Insurance) as required by California Vehicle Code Section 16028a.

Section 10.62.030- Restrictions on Beach and Beach Trail A. The operation and use of electric bicycles, motorized scooters, electrically motorized boards, and other similar motorized recreational devices on the beach and beach trail shall be governed by Section 12.32.130 of the San Clemente Municipal Code.

Section 10.62.040- Enforcement and Penalties
A. Responsibility of Parent. Each parent or legal guardian having custody and control of a minor who violates this Chapter shall bejointly and severally liable with such minor for such violation.

B. Regulations Provided upon Retail Sale or Rental of an Electric Bicycle. Every store or business selling or renting E-bikes shall supply a copy of this Chapter (SCMC Chapter 10.62) to every person(s) purchasing or renting an E-Bike, and shall maintain proof of providing such copy for minimum of three years. Records of proof shall be provided to the City immediately upon request by the Chief of San Clemente Police Services during normal business hours of the store or business.

C. Violations and Penalties:

1. Violation of any provision of this Chapter shall be subject to enforcement as in Chapter 1.16 of the San Clemente Municipal Code. 259
Ordinance No. 1778 Page 7

2. Any person found in violation of any provision of this Chapter, or the California Vehicle Code while operating an E-Bike, may, in lieu of payment of a fine or other penalty, be required to complete a training and education class on the safe operation of electric bicycles. Payment for the costs for such class shall be the responsibility of the offender. Proof of completion must be provided to the Police Services Division within 90 days of the violation notice if such class is required. The violation shall not be deemed adjudicated until the offender provides such notice timely.

3. Every person violating any provisions of this Chapter shall be deemed guilty of a misdemeanor unless specifically provided othenNise in this Chapter. In no case shall the fine for violation of this Chapter exceed an amount specified by the City.

Section 10.62.050- Exemptions
A. Public Agency Personnel: Notwithstanding any other provision of this Chapter, or any other section of this code, City and public agency personnel may operate regulated mobility devices or other vehicles at any place in the City in the performance of their official duties.

B. Disability: This Chapter is not intended to apply to or otherwise restrict regulated mobility devices used in a safe manner by physically disabled persons as defined under the Americans with Disabilities Act (42 U.S.C. Sections 12101 et seq).

Section 4. 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, in the Office of the City Clerk in accordance with California Government Code Section 36933.

Section 5. Records. The documents and materials associated with this ordinance that constitute the record of proceedings on which the City findings and determinations are based are located at City Hall, 910 Calle Negocio, San Clemente, CA 92673.

Section 6. 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 the invalidity of any portion thereof.

Section 7. Effective Date. This Ordinance shall become effective 30 days after its adoption.
260
Ordinance No. 1778 Page 8
Section 8. The City Clerk shall certify to the passage and adoption of this ordinance and cause the same to be published as required by law, and the same shall take effect as provided by law.

APPROVED AND ADOPTED this 3rd day of September, 2024.

ATTEST'
We City of Mayor of the City of San
San Clemente, California Clemente, California
261
Ordinance No. 1778 Page 9

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) 55.

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, hereby certify that Ordinance No. 1778 having been regularly introduced at the meeting of August 20, 2024, 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 3rd day of September, 2024, and said ordinance was adopted by the following vote:

AYES: DUNCAN, ENMEIER, KNOBLOCK, LOEFFLER, MAYOR CABRAL NOES: NONE
ABSENT: NONE
IN WITNESS WHEREOF, I have hereunto set my hand nd the seal of the City of San Clemente, California, this day of
,
2024.

C RK of the City of
San Clemente, California

APPROVED AS TO
Eliz eth A. Mitchell, ity Attorney
262
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: December 10, 2024 Agenda Item: 10C.

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

CONSIDERATION OF AMENDING PICKLEBALL & TENNIS COURT OPERATIONS AT SAN

GORGONIO PARK AND FINDING THE ACTION EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT ..body
Fiscal Impact:

None.

Summary:

At its November 19, 2024 meeting, the City Council agendized the re-evaluation of pickleball hours and play at San Gorgonio Park. Currently, the courts are open Monday through Friday, 9 a.m. to 5 p.m., and closed on the weekends. Staff is seeking direction on the future operating hours for the courts, which are now separate court areas defined by a 12-foot fence dividing the tennis court and pickleball courts.

Background:

On November 9, 2023, the City Council authorized the reopening of four pickleball courts at San Gorgonio Park and the conversion of the remaining courts to the permanent use of tennis only.

For both tennis and pickleball, the hours of operation were established as weekdays, 9 a.m. to 5 p.m. These hours were offset by the expansion of available pickleball courts at Richard T. Steed Memorial Park, operating daily, from dawn to dusk.

The City Council further emphasized the need to encourage play at San Gorgonio Park to focus on the beginning to intermediate players, with an expansion of lessons throughout the week.

Since the change in hours and format of play, the tennis courts have served 6,760 players, approximately 26 players per day, and 63% noted as San Clemente residents, with average peak usage on Wednesdays at 3 p.m. Meanwhile, the pickleball courts have served approximately 4,800 players, approximately 19 players per day with 65% being San Clemente residents, with average peak usage on Wednesdays and Fridays at 3 p.m.

Lastly, staff have been notified of individuals climbing the fence and accessing the pickleball courts while the courts have been closed on the weekends. Additionally, it should be noted that the statistics provided above do not differentiate between individuals who may be playing pickleball on the tennis courts and vice versa.

In consideration of alternative operating hours, the City Council may consider the following options, but not limited to:
263
Meeting Date: December 10, 2024 Agenda Item: 10C.

CITY OF SAN CLEMENTE 2
 Increase hours of play for the tennis court only.
 Extend pickleball court hours, and keep tennis court hours the same.  Expanded hours of play at both courts before 9 a.m. or available until dusk.  Weekend play opportunities for one or both facilities.  Seasonal operating hours.

Council Options:
 Adopt Resolution No. 24-XXX, which will amend Resolution No. 23-133, and modify the pickleball and tennis courts hours at San Gorgonio Park based on City Council discussion.  Provide additional direction to staff and return to the City Council at a date to be determined.  Take no further action, which will maintain the existing hours of operation.

Environmental Review/Analysis:

An adjustment of operating hours at San Gorgonio Park's pickleball and tennis courts is considered a Class 1 Categorical Exemption under CEQA guidelines (Section 15301). Adjusting the operational hours would consist of a minor adjustment to the operational schedule of existing recreational facilities with negligible or no expansion of use. Based on the analysis, the proposed action is not expected to have any significant adverse environmental impacts, and no further environmental review is required.

Recommended Actions:
..recommendation
Staff recommends that the City Council discuss the operating hours of the San Gorgonio Park tennis court and pickleball courts and make a determination on the future operational hours with modifications as needed to Resolution No. 24-XXX.
..end
Attachment:

1. Draft Resolution No. 24-XXX

2. Resolution No. 23-133
Notification:

Residences within 300 feet of courts
Interested Parties
264
Attachment 1
RESOLUTION NO. 24-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, ESTABLISHING

CONDITIONS FOR PLAY UPON THE TENNIS COURT AND

PICKLEBALL COURTS AT SAN GORGONIO PARK, AND

FINDING THE PROJECT CATEGORICALLY EXEMPT

UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
UNDER CLASS 1 (14 CCR SECTION 15301), AND
AMENDING RESOLUTION NO. 23-133.

WHEREAS, the City of San Clemente owns and operates San Gorgonio Park, a recreational community park facility that includes tennis and pickleball courts; and WHEREAS, at its November 9, 2023, meeting the City Council adopted Resolution No. 23-133, which reopened four pickleball courts and one tennis court at San Gorgonio Park; and
WHEREAS, the existing operating hours for the tennis and pickleball courts, currently set at 9:00 AM to 5:00 PM, have proven insufficient to meet the demand for court usage, particularly during peak hours; and
WHEREAS, residents and users of the courts have requested extended operating hours to allow more flexibility for recreational play, especially for those who work during the day or have other commitments; and
WHEREAS, the City Council has considered various options for adjusting the operating hours to accommodate these needs, including extending the hours of play for both tennis and pickleball courts; and
WHEREAS, the City Council, by Resolution No. 23-133, previously established operating hours for the tennis and pickleball courts at San Gorgonio Park, which will now need to be amended to reflect the adjusted hours.

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

Section 1. The City Council finds that the above recitations are true and correct and incorporates them fully herein.

Section 2. Certain conditions provided for in Resolution No. 23-133 are hereby amended to alter the operational use of the pickleball courts and adjoining tennis court to the following days and times: ______________________. All references to the operating hours of these courts in Resolution No. 23-133 shall be replaced with the updated hours stated above.

Section 3. Based on the entire record, the City Council finds that modifying the operating hours at San Gorgonio Park's pickleball and tennis courts is hereby determined 265
Resolution No. 24-XXX Page 2
to be a Class 1 Categorical Exemption under CEQA guidelines (Section 15301). Adjusting the operational hours would consist of a minor adjustment to the operational schedule of existing recreational facilities with negligible or no expansion of use. Based on the analysis, the proposed action is not expected to have any significant adverse environmental impacts, and no further environmental review is required.

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

PASSED AND ADOPTED this _____ day of ____________________, _______.

ATTEST:
___________________________ __________________________
City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 24-XXX 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
266
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: December 10, 2024 Agenda Item: (1)
267

CITY OF SAN CLEMENTE
Tuesday, November 19, 2024 5:00 PM
City Council
Regular Meeting Minutes
5:00 p.m. - Closed Session
6:00 p.m. - Business Meeting
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
These minutes reflect the order in which items appeared on the meeting agenda and do not necessarily reflect the order in which items were actually considered.

A Regular Meeting of the San Clemente City Council was called to order by Mayor Cabral on November 19, 2024 at 5:00 p.m. in the San Clemente City Council Chambers, located at 910 Calle Negocio, 2nd Floor, San Clemente.

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

CLOSED SESSION
Motion by Councilmember Loeffler, second by Mayor Pro Tem Enmeier, CARRIED 5-0, to recess to Closed Session at 5:00 p.m. to discuss the following:

A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Existing litigation pursuant to Government Code Section 54956.9(d)(1) Number of Cases: 1
Case Name: Harbor View Estates Homeowners Association v. City of San Clemente, Orange County Superior Court Case No.
30-2024-01371169-CU-WM-CXC
B. CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION Whether to initiate litigation pursuant to Government Code section 54956.9(d) (4) Number of Cases: 1
AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None
Closed Session concluded at 5:57 p.m.

268
City Council Regular Meeting Minutes November 19, 2024

BUSINESS MEETING
The Business Meeting reconvened at 6:01 p.m. with all City Councilmembers present.

INVOCATION
Assistant Pastor Matt Levchak, Calvary Chapel San Clemente, gave the invocation.

PLEDGE OF ALLEGIANCE
Mayor Cabral led the Pledge of Allegiance.

1. Special Presentations
None.

2. Council Member Reports
Mayor Pro Tem Enmeier:
· Attended the Cal Cities Conference on October 16-18, 2024; participated in the Coastal Leadership Committee discussion panel.
· Attended the Red Ribbon Week Parade on October 21, 2024. · Attended the San Clemente Rotary Veteran’s Day event on November 9, 2024 at Park Semper Fi.
· Acknowledged Fisherman’s Restaurant for hosting the reception for the Veteran’s Day event held at Park Semper Fi on November 9, 2024. · Attended the San Clemente Outlets Tree Lighting Ceremony on November 16, 2024.

Councilmember Loeffler:
· Attended the San Clemente Rotary Veteran’s Day event on November 9, 2024 at Park Semper Fi.
· Acknowledged Wayne Eggleston for his efforts for the Veteran’s Day event held at Park Semper Fi.
· Attended the Red Ribbon Week Parade on October 21, 2024. · Acknowledged the Orange County Sheriff's Department deputies for professionally and proactively addressing concerns within the City.

Councilmember Duncan:
· Attended the San Clemente Tritons Football playoff game. · Attended the Deputy of the Year and Firefighter of the Year Awards luncheon on November 19, 2024.

Mayor Cabral:
· Presented outgoing Councilmember Duncan with a City tile and recognized his four years of service to the City of San Clemente.

269
City Council Regular Meeting Minutes November 19, 2024

3. Oral Communications (Part 1)
Maureen Duncan spoke on the service of Councilmember Duncan to the City of San Clemente.

Bradley Zeminski acknowledged Councilmember Duncan for his service to the City.

Linda Verraster, San Clemente, thanked Councilmember Duncan for his service to the City.

Lois McNicoll spoke on the actions taken by San Juan Capistrano residents who spoke in opposition to high density housing projects; spoke in opposition to affordable housing/high density projects in San Clemente.

Cameron Cosgrove commented on Ballot Measure BB; thanked Councilmember Duncan for his service to the City of San Clemente.

Angela Watts thanked Councilmember Duncan for his service to the City of San Clemente.

Jenifer Massey acknowledged Councilmember Duncan for his service to the City.

Louise Herbert acknowledged Councilmember Duncan for his service to the City.

Bill Kreutinger acknowledged Councilmember Duncan for his service to the City; distributed information and spoke on the efforts of Tri-Cities RACES as it relates to emergency preparedness. A hard copy of the materials are on file with the City Clerk.

Amanda Q acknowledged Councilmember Duncan's support of the first amendment; narrated a PowerPoint entitled "Campaign Policy". A hard copy of the presentation is on file with the City Clerk.

George Gregory, North Beach, opined that the City should investigate the feasibility of developing a harbor in San Clemente to generate revenue.

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

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

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5. Consideration of agendizing items requiring immediate action None.

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

The City Council voted and carried 5-0, to approve the settlement agreement by and between the City of San Clemente, American Tower Management LLC, DISH Wireless LLC, and Harbor View Estates and authorized the City Manager to execute the agreement on behalf of the City relating to:

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

Whether to initiate litigation pursuant to Government Code section 54956.9(d)(4) Number of Cases: 1

7. Staff Communications
City Manager Hall requested that item 8F - PUBLIC HEARING REGARDING

THE FAILURE OF BROADMOOR SAN CLEMENTE COMMUNITY

ASSOCIATION TO ENFORCE CERTAIN COVENANTS, CONDITIONS AND RESTRICTIONS (CC&RS) be considered following item 8A.

Motion by Councilmember Knoblock, second by Councilmember Duncan, to modify the agenda as requested by the City Manager.

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

8. Public Hearings
8A. CONTINUANCE OF NO ACTION ON CONDITIONAL PERMIT 1021 RELATED TO THE PROPERTY LOCATED AT 616 DEL DIOS, ASSESSOR’S PARCEL NUMBER 690-552-05
Mayor Cabral opened the Public Hearing.

Community Development Director Atamian reviewed the contents of the Administrative Report and responded to City Council inquiries.

Shawn Cobb, American Tower, spoke in support of Resolution 24-190; submitted documents on behalf of American Tower for the record. A hard copy

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of the documents 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 Duncan, CARRIED 5-0, to:

1. Rescind the January 16, 2024 findings of the City Council related to the property located at 616 Del Dios.

2. Adopt Resolution No. 24-190 entitled A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, RESCINDING ITS JANUARY 16, 2024, FINDINGS AND AFFIRMING VALIDITY OF CONDITIONAL PERMIT 1021 (1962), WHICH PERMITTED A MICROWAVE

RELAY STATION IN CONNECTION WITH A PUBLIC TELEPHONE
SERVICE AT 616 DEL DIOS, ASSESSOR’S PARCEL NUMBER 690-552- 05, AND FINDING THE PROJECT CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.

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

REORGANIZATION OF AGENDA
The City Council agreed to consider items 8F - PUBLIC HEARING REGARDING

THE FAILURE OF BROADMOOR SAN CLEMENTE COMMUNITY

ASSOCIATION TO ENFORCE CERTAIN COVENANTS, CONDITIONS AND RESTRICTIONS (CC&RS) followed by item 10C - CONSIDERATION OF

ACCEPTING A DONATION FOR THE CONSTRUCTION OF A PUMP TRACK AT RICHARD T. STEED MEMORIAL PARK, AMENDING THE FY 2024-25

CAPITAL IMPROVEMENT PROGRAM, AND OPTIONS FOR PROJECT

SCOPE, AND MAKING FINDINGS UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT. Pease reference page 9 of these minutes for a summary of action on item 8F, and page 13 for a summary of action on item 10C.

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8B. INTRODUCTION (FIRST READING) OF AN ORDINANCE APPROVING ZONING AMENDMENT ZA24-193 TO TITLE 17 (ZONING) OF THE SAN CLEMENTE MUNICIPAL CODE TO ADD CHAPTER 17.26 OBJECTIVE

DESIGN STANDARDS FOR MULTI-FAMILY RESIDENTIAL AND
RESIDENTIAL MIXED-USE DEVELOPMENT, AMENDING SECTION 17.32.030 RESIDENTIAL ZONE USES, AMENDING SECTION 17.36.020 COMMERCIAL ZONE USES, AMENDING SECTION 17.40.030 MIXED-USE ZONE USES, AND AMENDING SECTION 17.56.090 HOUSING OVERLAY TO ADD CERTAIN

SITES PREVIOUSLY IDENTIFIED IN THE HOUSING ELEMENT, IN

ACCORDANCE WITH CALIFORNIA HOUSING LAWS AND THE CITY OF SAN CLEMENTE’S CERTIFIED HOUSING ELEMENT; AND FINDING THAT THE

ZONING AMENDMENT IS EXEMPT FROM CEQA PER THE COMMUNITY

PLAN EXEMPTION PURSUANT TO PUBLIC RESOURCES CODE SECTION 21083.3 AND CEQA GUIDELINES SECTIONS 15183, 15060(C) AND 15061(B) (3)
Mayor Cabral opened the Public Hearing.

Principal Planner Rehm and Monique Emerson, Planning Consultant, narrated a PowerPoint presentation entitled "Item 8B Housing Element Action Plan - Objective Design Standards, Housing Overlay, & Zoning Amendment" 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.

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

1. Determine that the zoning amendment is exempt from the California Environmental Quality Act (CEQA) per the Community Plan exemption pursuant to the Public Resources Code (PRC) Section 21083.3 and CEQA Guidelines Sections 15183, 15060(C) and 15061(B)(3).

2. Introduce and conduct the first reading of Ordinance No. 1784 entitled AN

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, APPROVING ZONING AMENDMENT ZA24-193 TO TITLE 17 (ZONING) OF THE SAN CLEMENTE MUNICIPAL CODE TO ADD
CHAPTER 17.26 OBJECTIVE DESIGN STANDARDS FOR MULTI-FAMILY

RESIDENTIAL AND RESIDENTIAL MIXED-USE DEVELOPMENT,
AMENDING SECTION 17.32.030 RESIDENTIAL ZONE USES, AMENDING SECTION 17.36.020 COMMERCIAL ZONE USES, AMENDING SECTION

17.40.030 MIXED-USE ZONE USES, AND AMENDING SECTION

17.56.090 HOUSING OVERLAY TO ADD CERTAIN SITES PREVIOUSLY

IDENTIFIED IN THE HOUSING ELEMENT, IN ACCORDANCE WITH
CALIFORNIA HOUSING LAWS AND THE CITY OF SAN CLEMENTE’S
CERTIFIED HOUSING ELEMENT; AND FINDING THAT THE ZONING

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AMENDMENT IS EXEMPT FROM CEQA PER THE COMMUNITY PLAN

EXEMPTION PURSUANT TO PUBLIC RESOURCES CODE SECTION
21083.3 AND CALIFORNIA ENVIRONMENTAL QUALITY ACT
GUIDELINES SECTIONS 15183, 15060(C) AND 15061(B)(3).

AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None
8C. PROPOSITION 218 HEARING AND CONSIDERATION OF A RESOLUTION

APPROVING THE COST-OF-SERVICE STUDY, ADOPTING AND SETTING

SOLID WASTE COLLECTION RATES, APPROVING AND AWARDING A

SECOND AMENDED AND RESTATED AGREEMENT TO CR&R

INCORPORATED FOR SOLID WASTE HANDLING SERVICES, AND FINDING

THE CONTRACT CATEGORICALLY EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT
Mayor Cabral opened the Public Hearing.

City Clerk Campagnolo announced the protests received concerning the proposed rates for solid waste and recycling.

Public Works Director/City Engineer Rebensdorf reviewed the contents of the Administrative Report and responded to City Council inquiries.

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

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

Adopt Resolution No. 24-167, which will:

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

2. Approve and adopt the Cost-of-Service Study (Attachment 3 of the Administrative Report dated November 19, 2024).

3. Set and adopt the Solid Waste and Recycling Rates as proposed (Exhibit A and Attachment A to Attachment 1 of the Administrative Report dated November 19, 2024).

4. Award and authorize the City Manager to execute, Contract No. C24-65, a Second Amended and Restated Agreement, by and between the City of San Clemente and CR&R Incorporated, providing for Solid Waste Handling Services (Attachment 2 of the Administrative Report dated November 19, 2024).

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

MEETING RECESS
The City Council meeting recessed at 8:11 p.m. and reconvened at 8:16 p.m. with all City Councilmembers present.
8D. CONSIDERATION OF A RESOLUTION AMENDING THE EXISTING DEL MAR/DOWNTOWN AREA UNDERGROUND UTILITY DISTRICT 02-01,
CANCELING DISTRICT 02-02 AND FINDING THE PROJECT

CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL

QUALITY ACT
Mayor Cabral opened the Public Hearing.

City Manager Hall reviewed the contents of the Administrative Report and responded to City Council inquiries.

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

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

Adopt Resolution No. 24-168, which will:

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

2. Approve the amendment to reduce the Underground Utility District (UDD) 02-01 to the area as shown in Attachment 4 of the Administrative Report dated November 19, 2024.

3. Remove the Underground Utility District (UDD) 02-01 funding for upgrading private utility panels unless additional savings can be found during final construction.

4. Formally cancel the Underground Utility District (UDD) 02-02 for future consideration of undergrounding of overhead utility in the Avenida Granada utility easement.

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

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8E. PUBLIC HEARING AND CONSIDERATION OF RESOLUTION NO. 24-169,

APPROVING A REVISED ADMINISTRATIVE FEE FOR VEHICLE REMOVAL, IMPOUND, STORAGE OR RELEASE BY THE ORANGE COUNTY SHERIFF’S

DEPARTMENT FOR THE TRAFFIC VIOLATOR APPREHENSION PROGRAM (TVAP)
Mayor Cabral opened the Public Hearing.

City Manager Hall reviewed the contents of the Administrative Report and responded to City Council inquiries.

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

Motion by Councilmember Loeffler, second by Mayor Pro Tem Enmeier, to:

1. Adopt Resolution No. 24-169 entitled A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, APPROVING

A REVISED ADMINISTRATIVE FEE FOR VEHICLE REMOVAL, IMPOUND,

STORAGE OR RELEASE BY THE ORANGE COUNTY SHERIFF'S

DEPARTMENT FOR THE TRAFFIC VIOLATOR APPREHENSION
PROGRAM (TVAP) IN THE CITY OF SAN CLEMENTE.

2. Repeal Resolution No. 21-11.

AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None
8F. PUBLIC HEARING REGARDING THE FAILURE OF BROADMOOR SAN

CLEMENTE COMMUNITY ASSOCIATION TO ENFORCE CERTAIN

COVENANTS, CONDITIONS AND RESTRICTIONS (CC&RS)
This item was considered following Item 8A. Please reference page 5 of these minutes for a summary of that action.

Mayor Cabral opened the Public Hearing.

Councilmember Loeffler disclosed that he met with Broadmoor residents.

Mayor Cabral disclosed that he visited the site.

Community Development Director Atamian narrated a PowerPoint presentation entitled "Public Hearing Regarding the Failure of Broadmoor San Clemente Community Association to Enforce Certain Covenants, Conditions and Restrictions (CC&Rs)" and responded to City Council inquiries. A hard copy of the presentation is on file with the City Clerk.

Joshua Smisko and David Hickey, counsel for the Broadmoor Homeowners

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Association, opined on the legal precedent and previous legal action taken concerning trees exceeding the height limitations.

Ryan Phillips, Broadmoor Community Manager, commented on his experience with the Broadmoor Homeowners Association as it relates to the process of the Broadmoor Homeowners Association Board addressing issues or complaints within the community.

Stephen Hammers, on behalf of Broadmoor residents, representing five Broadmoor families; opined on previous legal action taken concerning the tree height on Calle Delicada.

Reva Buck spoke in support of the City Council adopting Resolution No. 24-173.

Paul Buck, San Clemente, displayed a photograph of conditions at his property on Felicidad; spoke in support of the City Council adopting Resolution No. 24-173. A hard copy of the photograph is on file with the City Clerk.

Eric Fermin narrated a PowerPoint presentation displaying photographs of trees exceeding the height limitations on Calle Delicada; spoke in support of the City Council adopting Resolution No. 24-173. A hard copy of the presentation is on file with the City Clerk.

Jeff Chambers commented on the original CC&R agreement for Broadmoor Community; spoke in support of the City Council adopting Resolution No. 24-173.

John Carretti, San Clemente, commented on landscaping requirements and enforcement by the Broadmoor Homeowners Association; spoke in support of the City Council adopting Resolution No. 24-173.

Paul Lefcourt, San Clemente, commented on trees exceeding the height limitations on Calle Delicada, spoke in support of the City Council adopting Resolution No. 24-173.

Alan Korsen, San Clemente, spoke in opposition of the City taking action against the Broadmoor Homeowners Association.

Chaundra Vidakovich opined that the City should mediate with the residents on Calle Delicada and Felicidad to mitigate trees exceeding the height limitations.

Gordon & Antonia Sipes spoke on efforts they have taken to compromise with their neighbor on Calle Delicada concerning trees exceeding the height limitations; spoke in support of the City Council adopting Resolution No. 24-173.

Mike Kay opined that the City should only be involved in enforcement of CC&Rs when it concerns homeowners associations not clearing vegetation in open space and to protect views for residents.

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Ryan Phillips, Broadmoor Community Manager, responded to City Council inquiries.

Karen New, Vice President Broadmoor Homeowners Association Board of Directors, responded to City Council inquiries.

Matt Silver, Civica Law Group, City Prosecutor for the City of San Clemente, responded to City Council inquiries.

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

Motion by Councilmember Duncan, second by Mayor Pro Tem Enmeier, CARRIED 5-0, to continue this item to a future City Council meeting to allow the parties (Broadmoor Homeowners Association and homeowners on Felicidad) to discuss a resolution/mediate concerning the trees exceeding the height limitations within the Broadmoor Homeowners Association Community.

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

MEETING RECESS
The City Council meeting recessed at 9:12 p.m. and reconvened at 9:15 p.m. with all City Councilmembers present.

9. Unfinished Business
None.

10. New Business
10A. APPOINTMENT OF THE CITY CLERK AND CITY TREASURER, AND

INTRODUCTION (FIRST READING) OF ORDINANCES MAKING THE CITY

TREASURER AND CITY CLERK POSITIONS APPOINTED BY THE CITY

MANAGER
Administrative Services Director Brower reviewed the contents of the Administrative Report and responded to City Council inquiries.

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

1. Adopt Resolution 24-170 appointing Laura Campagnolo to the office of City Clerk in accordance to Chapter 2.10 of the Municipal Code of the City of San Clemente.

2. Introduce and conduct the first reading of Ordinance No. 1783 entitled AN

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

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CALIFORNIA, AMENDING CHAPTER 2.10 OF THE MUNICIPAL CODE OF THE CITY OF SAN CLEMENTE TO MODIFY SECTIONS 2.10.010 AND

2.08.090, VESTING AUTHORITY IN THE CITY MANAGER TO APPOINT THE CITY CLERK, and direct the City Manager to make such future appointments going forward.

3. Adopt Resolution 24-171 appointing Charlie Smith to the office of City Treasurer in accordance to Chapter 2.14 of the Municipal Code of the City of San Clemente.

AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None
10B. INTRODUCTION (FIRST READING) OF AN ORDINANCE, AMENDING MUNICIPAL CODE SECTIONS 8.48.070, 8.48.090, 12.34.020 AND 12.34.040

RELATED TO AMPLIFIED SOUND AND SPECIAL EVENT PERMITS, AND

FINDING THE ORDINANCE IS EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT
Community Development Director Atamian reviewed the contents of the Administrative Report and responded to City Council inquiries.

Frank Villalvazo, San Clemente, spoke is support of the proposed ordinance.

Josie Reitkerk, San Clemente, spoke in support of the proposed ordinance.

Wayne Eggleston spoke in support of the proposed ordinance.

Motion by Mayor Pro Tem Enmeier, second by Councilmember Knoblock, CARRIED 5-0, to introduce and conduct a first reading of Ordinance No. 1785 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN

CLEMENTE, CALIFORNIA, AMENDING MUNICIPAL CODE SECTIONS

8.48.070, 8.48.090, 12.34.020 AND 12.34.040 RELATING TO REQUIRING A

SPECIAL EVENT PERMIT TO ALLOW AMPLIFIED SOUND IN PUBLIC

SPACES AND MAKING RELATED MINOR CODE CLARIFICATIONS

RELATING TO SPECIAL EVENT PERMITS AND NOISE REQUIREMENTS,

AND FINDING THE ORDINANCE IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.

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

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10C. CONSIDERATION OF ACCEPTING A DONATION FOR THE CONSTRUCTION OF A PUMP TRACK AT RICHARD T. STEED MEMORIAL PARK, AMENDING THE FY 2024-25 CAPITAL IMPROVEMENT PROGRAM, AND OPTIONS FOR

PROJECT SCOPE, AND MAKING FINDINGS UNDER THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT
This item was considered earlier in the meeting. For a summary of this action, please reference page 5 of these minutes.

Councilemember Loeffler disclosed he is a non-compensated member of the Friends of San Clemente Beaches, Parks and Recreation Foundation.

Beaches, Parks and Recreation Director Wylie narrated a PowerPoint Presentation entitled "Consideration of Accepting a Donation for the Construction of a Pump Track at Richard T. Steed Memorial Park" and responded to City Council inquiries. A hard copy of the presentation is on file with the City Clerk.

Dustin Brady, San Clemente, spoke in support of the proposed pump track at Richard T. Steed Memorial Park.

Cameron Zink, San Clemente, spoke in support of the proposed pump track at Richard T. Steed Memorial Park.

Milo, San Clemente Bike Works, spoke in support of the proposed pump track at Richard T. Steed Memorial Park.

Brandon Lascelles, Epic Summer Mountain Bike Camp, spoke in support of the proposed pump track at Richard T. Steed Memorial Park.

Natalie Urrego, Girlswirl, spoke in support of the proposed pump track at Richard T. Steed Memorial Park.

Bridget Smith spoke in support of the proposed pump track at Richard T. Steed Memorial Park.

Mikah Figueroa, Ladera Ranch, spoke in support of the proposed pump track at Richard T. Steed Memorial Park.

David Browning, Orange County Mountain Bike Association, spoke in support of the proposed pump track at Richard T. Steed Memorial Park.

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

Adopt Resolution No. 24-172, which will:

1. Accept a donation of $200,000 from Shimano Inc., a donation of $100,000

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from the Friends of San Clemente Beaches, Parks & Recreation Foundation, and a donation of $20,000 from the Orange County Mountain Bike Association to revenue Account No. 031-000- 36790.

2. Approve, and authorize the City Manager to execute, Contract No. C24- 66, a Funding Agreement, by and between the City of San Clemente, Shimano Inc., the Friends of San Clemente Beaches, Parks & Recreation Foundation, and Orange County Mountain Bike Association, that provides for Shimano's signature blue stripe to be painted along the edge of the asphalt track, permission for Shimano to feature the project as part of its community engagement marketing series, and recognition of Shimano, Orange County Mountain Bike Association and the Friends of San Clemente Beaches Parks and Recreation with a plaque at the site.

3. Approve an amendment to the FY 2024-25 Capital Improvement Program to include a project for the design and construction of a pump track recreation facility at Richard T. Steed Memorial Park at 18,000 square feet.

4. Determine that the project is consistent with the Steed Park Master Plan and is consistent with the environmental findings established in the IS/MND previously certified by the City Council.

5. Appropriate necessary funds from the Parks Acquistion Fund and reallocate funds from another existing CIP Project to support the completion of the Richard T. Steed Memorial Park Pump Track.

6. Direct staff to pursue additional funding sources through the Land and Water Conservation Fund for its next immediate funding cycle beginning in 2025.

AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None
10D. CONSIDERATION OF A RESOLUTION AWARDING A THREE-YEAR

MAINTENANCE SERVICES AGREEMENT WITH TWO OPTIONAL ONE-YEAR EXTENSIONS TO GREAT SCOTT TREE SERVICE, INC., AND FINDING THE

PROJECT CATEGORICALLY EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT
Public Works Director/City Engineer reviewed the contents of the Administrative Report and responded to City Council inquiries
Kris Burbidge, West Coast Arborist, thanked the City for the opportunity to serve the City and maintain the City's trees.

Scott Griffiths, Great Scott Tree Service, thanked the City for the opportunity to serve the City and maintain the City's trees.

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Motion by Mayor Cabral, second by Councilmember Knoblock, CARRIED 4-1 (Councilmember Duncan voting NOE), to:

Adopt Resolution No. 24-174, which will:

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

2. Award a Three-Year Maintenance Services Agreement, with two optional one-year renewals exercisable under the City Manager's discretion, to Great Scott Tree Service, Inc.

3. Approve, and authorize the City Manager to execute, Contract No. C24- 67, by and between the City of San Clemente and Great Scott Tree Service, Inc., providing for tree trimming services, in the amount of $310,619 for year one, $319,937.57 for year two and $329,535.70 for year three with up to an annual $60,000 per year supplement for emergency services.

AYE: Enmeier, Knoblock, Loeffler and Mayor Cabral
NOE: Duncan
10E. CONSIDERATION OF REVISING POLICY AND PROCEDURE 1201-8

RELATING TO LEGISLATIVE BODY REIMBURSEMENT
City Manager Hall reviewed the contents of the Administrative Report and responded to City Council inquiries.

Motion by Councilmember Loeffler, second by Mayor Pro Tem Enmeier, CARRIED 5-0, to repeal Policy and Procedure 1201-8 Legislative Body Reimbursement (dated April 18, 2023) and adopt a new Policy and Procedure 1201-8 Legislative Body Reimbursement.

AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None
10F. ESTABLISHMENT OF CITY COUNCIL MEETING SCHEDULE FOR 2025 AND EARLY 2026 AND CONSIDERATION OF ADOPTING A RESOLUTION

MODIFYING THE START TIME OF CITY COUNCIL MEETINGS
City Clerk Campagnolo reviewed the contents of the Administrative Report and responded to City Council inquiries.

Tony Rubolino opined that the City Council should meet twice a month.

Amanda Quintanilla opined that the business meeting should begin at 6:00 p.m.

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Motion by Mayor Pro Tem Enmeier, second by Mayor Cabral, CARRIED 4-1 (Councilmember Duncan voting NOE), to:

1. Cancel the City Council meetings of July 1, 2025 and July 15, 2025 as a regular legislative break.

2. Reschedule the January 21, 2025 City Council meeting to January 14, 2025.

3. Cancel the December 2, 2025 and December 16, 2025 City Council meetings and hold one meeting on December 9, 2025 to allow for the Mayor to serve a full year and participate in the City tree lighting ceremony in 2025.

4. Cancel the City Council meeting of January 6, 2026.

5. Adopt Resolution No. 24-175 entitled A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA,

ESTABLISHING THE DATE, TIME AND LOCATION OF CITY COUNCIL MEETINGS AND RESCINDING RESOLUTION NO. 22-48, which
establishes the start time of Closed Session at 4:30 p.m. and the Business Meeting at 5:30 p.m. and formalizes the meeting schedule on an on-going basis.

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

11. Consent Calendar
Public Comments on Consent Calendar Items
11D - CONSIDERATION OF APPROVING PARKING MODIFICATIONS TO

CREATE DESIGNATED PASSENGER AND SCHOOL BUS LOADING ZONES

FOR LAS PALMAS ELEMENTARY SCHOOL AND FINDING THE PROJECT

CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL

QUALITY ACT
Amanda Quintanilla expressed concerns regarding safety on Calle Aragon due to Las Palmas Elementary School drop-off and pick-up procedures.

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A. City Council Minutes
Motion by Mayor Cabral, second by Mayor Pro Tem Enmeier, CARRIED 5-0, to:
(1) APPROVE THE CITY COUNCIL SPECIAL AND REGULAR MEETING MINUTES OF OCTOBER 15, 2024.

AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None
B. Commission/Committee Minutes
Motion by Mayor Cabral, second by Mayor Pro Tem Enmeier, CARRIED 5-0, to receive and file the following:
(1) INVESTMENT ADVISORY COMMITTEE SPECIAL MEETING MINUTES OF AUGUST 5, 2024.
(2) BEACHES, PARKS AND RECREATION COMMISSION REGULAR MEETING MINUTES OF AUGUST 13, 2024.
(3) PUBLIC SAFETY COMMITTEE REGULAR MEETING MINUTES OF
SEPTEMBER 24, 2024.
(4) PLANNING COMMISSION REGULAR MEETING MINUTES OF OCTOBER 2, 2024.
(5) ZONING ADMINISTRATOR REGULAR MEETING MINUTES OF OCTOBER 17, 2024.
(6) DESIGN REVIEW SUBCOMMITTEE REGULAR MEETING MINUTES OF OCTOBER 23, 2024.

AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None
C. Warrant Register
Motion by Mayor Cabral, second by Mayor Pro Tem Enmeier, CARRIED 5-0, to:
(1) APPROVE WIRE TRANSFER NOS.
3124 THROUGH 3129 AND WARRANT NOS.
599788 THROUGH 599920, PAID ON
10-4-24, IN THE AMOUNT OF $1,704,844.30
(2) APPROVE HANDWRITE NOS. 600096 THROUGH
600097, AND WIRE TRANSFER NOS.
3130 THROUGH 3131 AND WARRANT NOS.
599921 THROUGH 600095, PAID ON
10-11-24, IN THE AMOUNT OF $3,927,779.27
(3) APPROVE WIRE TRANSFER NOS.
3132 THROUGH 3136 AND WARRANT NOS.
600098 THROUGH 600309, PAID ON
10-18-24, IN THE AMOUNT OF $4,747,973.56

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(4) APPROVE WARRANT NOS.
600310 THROUGH 600536, PAID ON
10-25-24, IN THE AMOUNT OF $1,784,011.75
(5) APPROVE WIRE TRANSFER NOS.
3137 THROUGH 3142 AND WARRANT NOS.
600537 THROUGH 600639, PAID ON
11-1-24, IN THE AMOUNT OF $1,520,359.93
(6) APPROVE WIRE TRANSFER NOS.
3143 THROUGH 3144 AND WARRANT NOS.
600640 THROUGH 600822, PAID ON
11-8-24, IN THE AMOUNT OF $3,482,887.46
TOTAL WARRANT REGISTER $17,167,856.27
AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None
Payroll Register
Motion by Mayor Cabral, second by Mayor Pro Tem Enmeier, CARRIED 5-0, to approve:

WARRANT NOS. 953 THROUGH 954, AND
AUTOMATIC DEPOSIT ADVISES 97738
THROUGH 98078, FOR THE PERIOD
9-16-24 THROUGH 9-29-24, PAID
ON 10-4-24, IN THE AMOUNT OF $519,285.96
WARRANT NOS. 955 THROUGH 956, AND
AUTOMATIC DEPOSIT ADVISES 98079
THROUGH 98411, FOR THE PERIOD
9-30-24 THROUGH 10-13-24, PAID
ON 10-18-24, IN THE AMOUNT OF $523,053.60
WARRANT NO. 957, AND AUTOMATIC
DEPOSIT ADVISES 98412 THROUGH
98736, FOR THE PERIOD 10-14-24
THROUGH 10-27-24, PAID ON 11-1-24,
IN THE AMOUNT OF $522,227.75
TOTAL PAYROLL REGISTER $1,564,567.31
AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None

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11D. CONSIDERATION OF APPROVING PARKING MODIFICATIONS TO CREATE

DESIGNATED PASSENGER AND SCHOOL BUS LOADING ZONES FOR LAS

PALMAS ELEMENTARY SCHOOL AND FINDING THE PROJECT

CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL

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

Adopt Resolution No. 24-176, which will:

1. Find 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.

2. Approve the parking modifications as illustrated in Attachment 2 as follows:
a. Convert the current temporary passenger loading zone into a permanent one on the south side of Avenida Aragon up to 134 feet in length. b. Convert the current 130-ft 1-hour parking zone into a school bus loading zone marked by yellow curb on the west side of Calle Puente.

AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None
11E. CONSIDERATION OF A RESOLUTION TO APPROVE AN AFFORDABLE

HOUSING PROJECT, THAT INCLUDES AN AFFORDABLE HOUSING

AGREEMENT WITH FRIENDSHIP SHELTER INC, AN ANNUAL MONITORING

FEE, AND ZONING CONCESSIONS AND WAIVERS PURSUANT TO STATE

DENSITY BONUS LAW, AND TO DETERMINE THE PROJECT EXEMPT

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

Adopt Resolution No. 24-177, which will:

1. Determine that the affordable housing project and agreement are exempt from the California Environmental Quality Act (CEQA) under California Public Resources Code (PRC) Section 21080.50 and direct staff to file a notice of exemption.

2. Approve the Project, including the three concessions/waivers requested under the State Density Bonus Law.

3. Approve, and authorize the City Manager to execute, Contract No. C24- 68, the Affordable Housing Agreement, by and between the City of San Clemente and Friendship Shelter Inc., included as Exhibit A of Resolution

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No. 24-177.

AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None
11F. COMMUNITY FACILITIES DISTRICT NO. 2006-01 (MARBLEHEAD COASTAL)

LOCAL AGENCY SPECIAL TAX AND BOND ACCOUNTABILITY ACT
REPORT (SB 165) FOR FISCAL YEAR ENDED JUNE 30, 2024
Motion by Mayor Cabral, second by Mayor Pro Tem Enmeier, CARRIED 5-0, to adopt Resolution No. 24-178 entitled A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF SAN CLEMENTE, CALIFORNIA, APPROVING AND

RECEIVING THE CITY OF SAN CLEMENTE COMMUNITY FACILITIES DISTRICT NO. 2006-1 LOCAL AGENCY SPECIAL TAX AND BOND

ACCOUNTABILITY ACT COMPLIANCE REPORT FOR THE FISCAL YEAR ENDED JUNE 30, 2024.

AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None
11G. CONSIDERATION OF A RESOLUTION ADOPTING FISCAL YEAR 2023-2024 MEASURE M2 EXPENDITURE REPORT FOR THE CITY OF SAN CLEMENTE Motion by Mayor Cabral, second by Mayor Pro Tem Enmeier, CARRIED 5-0, to adopt Resolution No. 24-179 entitled A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF SAN CLEMENTE, CALIFORNIA, TO ADOPT THE FISCAL YEAR 2023-2024 MEASURE M2 EXPENDITURE REPORT FOR THE CITY OF SAN CLEMENTE.

AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None
11H. CONSIDERATION OF A RESOLUTION AWARDING SPORTS PARTNERSHIP

STATUS FOR THE SPRING PRIMARY SEASON SPORTS
Motion by Mayor Cabral, second by Mayor Pro Tem Enmeier, CARRIED 5-0, to:

1. Adopt Resolution No. 24-180 entitled A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, AWARDING

RECREATIONAL YOUTH SPORTS PARTNERSHIP STATUS TO SAN
CLEMENTE LITTLE LEAGUE AND SAN CLEMENTE GIRLS SOFTBALL.

2. Approve, and authorize the Beaches, Parks and Recreation Director to execute, Contract No. C24-69, Recreation Sports Partnership Agreement,

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by and between the City of San Clemente and San Clemente Little League, Tier I Sports Partnership Status, for a three-year term.

3. Approve, and authorize the Beaches, Parks and Recreation Director to execute, Contract No. C24-70, Recreation Sports Partnership Agreement, by and between the City of San Clemente and San Clemente Girls Softball, Tier I Sports Partnership Status, for a three-year term.

AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None
11I. CONTRACT AWARD - LIFEGUARD TOWERS REPLACEMENT (2024), AND

FINDING THE PROJECT CATEGORICALLY EXEMPT FROM THE

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

Adopt Resolution No. 24-181, which will:

1. Find the Lifeguard Towers Replacement (2024), CIP Project No. 22104, categorically exempt from the California Environmental Quality Act (CEQA) under Class 2 of the State CEQA Guidelines, Section15302.

2. Award the Lifeguard Towers Replacement (2024), CIP Project No. 22104, construction contract to Pantheon Diversified, Inc. as the lowest responsible and responsive bidder.

3. Approve, and authorize the City Manager to execute, Contract No. C24- 71, by and between the City of San Clemente and Pantheon Diversified, Inc., providing for Lifeguard Towers Replacement, in the amount of $115,000, in a form substantially similar to Contract No. C24-71 (Attachment 2).

4. Approve a 15% project contingency of $17,250.

AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None
11J. CONTRACT AWARD - COMPLETION OF A PARKING AND

TRANSPORTATION DEMAND MANAGEMENT ANALYSIS AND POLICY

DEVELOPMENT FOR LOCAL COASTAL PROGRAM, ACCEPTING RELATED

GRANT FUNDING, MAKING A SUPPLEMENTAL APPROPRIATION, AND

FINDING THE PROJECT STATUTORILY EXEMPT FROM THE CALIFORNIA

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

Adopt Resolution No. 24-182, which will:

1. Find the project statutorily exempt from the California Environmental Quality

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Act (CEQA) under Section 15262 (Feasibility and Planning Studies) and 15378 (No Potential for Impact) of the state CEQA Guidelines.

2. Award a professional consulting services agreement to Chen Ryan Associates, Inc., to conduct a parking and transportation demand management analysis for the downtown, North Beach, Pier Bowl, and other coastal areas.

3. Approve, and authorize the City Manager to execute, Contract No. C24- 72, by and between the City of San Clemente and Chen Ryan Associates, Inc., providing for a parking and transportation demand management analysis for the downtown, North Beach, Pier Bowl, and other coastal areas, in an in an amount not to exceed $250,000.

4. Accept grant revenues in the amount of $250,000 to Account No. 001-000 -33446 (Coastal Grant Revenue).

5. Approve a supplemental appropriation of $250,000 to Account No. 001- 433 -43695 (Professional Studies).

AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None
11K. CONTRACT AWARD - BIOLOGICAL MONITORING AND INSPECTION

SERVICES FOR THE AVENIDA MONTALVO CANYON AND TRAIL

IMPROVEMENTS HABITAT RESTORATION, AND APPROVING A
SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $30,000
Motion by Mayor Cabral, second by Mayor Pro Tem Enmeier, CARRIED 5-0, to:

Adopt Resolution No. 24-183, which will:

1. Approve a supplemental appropriation in the amount of $30,000 from the Local Drainage Facilities Fund into Account No. 033-832-45300-000- 16004.

2. Award a Professional Services Agreement to SWCA Environmental Consultants for monitoring and inspection services for the Avenida Montalvo Canyon and Trail Improvements Habitat Restoration, CIP Project No. 16004.

3. Approve, and authorize the City Manager to execute, Contract No. C24- 73, by and between the City of San Clemente and SWCA Environmental Consultants, providing for monitoring and inspection services for the Avenida Montalvo Canyon and Trail Improvements Habitat Restoration, in an amount not to exceed $89,828.

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

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11L. CONTRACT AMENDMENTS - AS NEEDED BUILDING PLAN REVIEW

SERVICES
Motion by Mayor Cabral, second by Mayor Pro Tem Enmeier, CARRIED 5-0, to:

Adopt Resolution No, 24-184, which will:

1. Approve the first amendment to the Professional Consulting Services Agreement with VCA Consultants, Inc. for Building Plan Review Services in an amount not to exceed $150,000.

2. Approve the first amendment to the Professional Consulting Services Agreement with West Coast Code Consultants, Inc. for Building Plan Review Services in an amount not to exceed $150,000.

3. Approve a supplemental appropriation in the amount of $130,000 to Account No. 001-421-43890-000-0000 and accept additional building revenues of $130,000 to Account No. 001-000-32210-000-00000.

4. Approve, and authorize the City Manager to execute, Amendment No. 1 to Contract No. C24-03, by and between the City of San Clemente and with VCA Consultants, Inc., providing for Building Plan Review Services, in an amount not to exceed $150,000.

5. Approve, and authorize the City Manager to execute, Amendment No. 1 to Contract No. C24-02, by and between the City of San Clemente and with West Coast Code Consultants, Inc., providing for Building Plan Review Services, in an amount not to exceed $150,000.

AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None
11M. CONSIDERATION OF APPROVING THE SAN CLEMENTE LAND OUTFALL (PC 10) ASSET TRANSFER AND DISSOLUTION AGREEMENT, AND

AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT
Motion by Mayor Cabral, second by Mayor Pro Tem Enmeier, CARRIED 5-0, to:

Adopt Resolution No. 24-185, which will:

1. Approve, and authorize the City Manager to execute, Contract No. 24-74, San Clemente Land Outfall (PC 10) Asset Transfer and Dissolution Agreement.

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

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11N. CONSIDERATION OF APPROVING FIVE SOUTH ORANGE COUNTY

WASTEWATER AUTHORITY (SOCWA) REORGANIZATION AGREEMENTS
Motion by Mayor Cabral, second by Mayor Pro Tem Enmeier, CARRIED 5-0, to:

Adopt Resolution No. 24-186, which will:

1. Approve Amendment No. 1 to Joint Powers Agreement, Asset and Capacity Transfer Agreement (Agreement No. 1)(C24-75).

2. Moulton Niguel Water District - South Orange County Wastewater Authority Withdrawal Agreement (Agreement No. 4)(C24-76).

3. Assignment and Assumption Agreement (PC 5, Agreement No. 6)(C24- 77).

4. Transfer Price Allocation Memorandum of Understanding (C24-78).

5. Approve, and authorize the City Manager to execute said agreements.

AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None
11O. CONSIDERATION OF RESOLUTION NO. 24-187 AUTHORIZING AN

EXEMPTION TO THE FORMAL SOLICITATION PROCESS FOR THE
PURCHASE OF DELL SERVERS FROM SIDEPATH, INC. IN AN AMOUNT NOT TO EXCEED $72,175
Motion by Mayor Cabral, second by Mayor Pro Tem Enmeier, CARRIED 5-0, to:

Adopt Resolution No. 24-187, which will:

Approve, and authorize the City Manager to execute, Contract No. C24-79, by and between the City of San Clemente and Sidepath, Inc., providing for the purchase of the Dell Servers under substantially the same terms and conditions of NASPO Contract No. 23026 and California State Participating Addendum No. 7-23-70-55-01, in an amount not to exceed $72,175, which includes four Dell servers and three years of maintenance and support.

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

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11P. NOTICE OF COMPLETION - SAN CLEMENTE VILLAS BY THE SEA STORM

DRAIN REPAIR
Motion by Mayor Cabral, second by Mayor Pro Tem Enmeier, CARRIED 5-0, to:

Adopt Resolution No. 24-188, which will:

1. Accept San Clemente Villas by the Sea Storm Drain Repair, Project No. 26001, from the contractor, GCI Construction, Inc.

2. Authorize the Public Works Director/City Engineer to execute and record the Notice of Completion for the completed San Clemente Villas by the Sea Storm Drain Repair.

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, GCI Construction, Inc.

AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None
11Q. CONSIDERATION OF RETURNING AN OVERPAYMENT OF BUSINESS LICENSE TAX TO VILLA SAN CLEMENTE, LLC IN THE AMOUNT OF $87,359 Motion by Mayor Cabral, second by Mayor Pro Tem Enmeier, CARRIED 5-0, to adopt Resolution No. 24-189 entitled A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF SAN CLEMENTE, CALIFORNIA, AUTHORIZING THE

RETURN OF OVERPAYMENT OF BUSINESS LICENSE TAXES TO VILLA SAN CLEMENTE, LLC IN THE AMOUNT OF $87,359.

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

12. Oral Communications (Part 2)
Tony Rubolino commented on the November 5, 2024 election results.

13. Future Agenda Items
Pickleball at San Gorgonio Park
Councilmember Loeffler, with the support of Councilmember Knoblock and Mayor Cabral agendized re-evaluating pickleball hours and play at San Gorgonio Park.

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Restricting the Use of Mayor and Mayor Pro Tem Titles
Councilmember Knoblock, with the support of Councilmember Loeffler and Mayor Cabral agendized consideration of an ordinance preventing or restricting councilmembers from utilizing the title of Mayor and Mayor Pro Tem.

14. Reports
A. Commissions and Committees
Mayor Pro Tem Enmeier displayed a photograph of Mae Mae, an adoptable dog, at Coastal Animal Services Authority. A hard copy of the photograph is on file with the City Clerk.

B. Council Subcommittee Updates
None.

C. City Attorney
None.

D. City Manager
None.

15. Adjournment
Motion by Councilmember Duncan, second by Councilmember Loeffler, CARRIED 5-0, to adjourn at 10:56 p.m. The next Regular Meeting will be held on December 10, 2024. Closed Session will begin at 4:30 p.m. The Business Meeting will commence at 5:30 p.m. The meeting will take place at City Hall Council Chambers, located at 910 Calle Negocio, 2nd Floor, San Clemente.

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

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

Summary:

Background:

Council Options:

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Recommended Actions:

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MINUTES OF THE REGULAR MEETING

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

1. CALL TO ORDER
Zoning Administrator (ZA) Adam Atamian called the Regular Meeting of the City of San Clemente Zoning Administrator to order on November 7, 2024 at 3:02 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
Jessica Gatny, Assistant Planner
Tamara Tatich, Administrative Assistant

2. MINUTES
A. Minutes from the Zoning Administrator Regular Meeting of October 17, 2024.

ZA Atamian received and filed the minutes for the regular meeting of October 17, 2024.

3. ORAL AND WRITTEN COMMUNICATION
None.

4. PUBLIC HEARING
A. Public Hearing Permit (PHP) 24-474 Abbott Residence, 1817 Calle De Los Alamos
A request for the Zoning Administrator to approve Development Permit (DP) 24-478 for a 27 sq. ft. first floor addition and exterior enhancements at 1817 Calle De Los Alamos that is a neighboring property to a historical structure.

The Zoning Administrator will also consider whether the project is categorically exempt from CEQA pursuant to State CEQA Guidelines §15301.e (Class 1.e: Existing Facilities) and §15303 (Class 3: New Construction or Conversion of Small Structures).
310
Minutes of the Zoning Administrator Regular Meeting November 7, 2024 Page 2 Assistant Planner Jessica Gatny summarized the staff report and introduced the Applicant Atieh Kaeni and Daniela Pomalaza, designers on the proposed project.

ZA Atamian asked the applicant if they had anything to add to the report, at which time Ms. Kaeni thanked staff for their work on the report.

ZA Atamian opened the public hearing.

Richard “Ric” Jones, owner of the adjoining property at 1815 Calle De Los Alamos, a residence on the City’s list of designated historic structure;recently did a remodel and rehabilitiation of their property. The process of rehabilitating that historical home included a request from the City to replicate the rear structure’s staircase to maintain the historical feature that is visible from the street that resulted in a $30,000 increase to rehabilitate the property. Mr. Jones expressed concern that the approved ADU plans, that are currently being reviewed for approval with the California Coastal Commission (CCC), will affect the view of the staircase from the street that was considered an important historical feature by the City. Mr.

Jones is requesting the applicant and designers to consider moving the ADU so that it does not interfere with the view corridor.

Leanne Jones, also an owner of the adjoining registered historical residence, stressed that it was the City’s request to fabricate matching balusters due to the view of the balcony from the street. Ms. Jones stated that they were concerned that it would be too late for the applicants to consider moving the ADU or redesigning the backyard space once the CCC approvals were obtained. Ms. Jones stated that windows that were also restored will no longer be visible. Ms. Jones provided the Minutes from both the May 12, 2021 Design Review Subcommittee Meeting, and the July 17, 2021 Zoning Administrator Meeting that supported the City’s direction to use wrought-iron and wood railings for the balconies, and listed a finding that the projects preserve the building form and scale from the street.

Larry Culbertson, representative of the San Clemente Historical Society, opposed the construction of the ADU and asked that there be consideration to maintain the street view of the historical features given the City requested the style and materials for the rehabilitation. Mr. Culbertson asked why the ADU was not displayed on the plans or in the staff report, and urged the ZA to relocate the ADU.

ZA Atamian thanked everyone for their comments. ZA Atamian stated that he is familiar with the area, visited the site and that he is also familiar with the 1815 Calle de los Alamos. ZA Atamian shared that he was the City Planner at the time that the Joneses were Christopher Wright’s applicant on their rehabilitation project, and that he reviewed Mr. Wright’s reports. ZA Atamian stated he reviewed the staff report, the proposed Resolution, and 311
Minutes of the Zoning Administrator Regular Meeting November 7, 2024 Page 3 the public comments that were submitted prior and post publishing of the report.

ZA Atamian clarified that the scope of what is being determined by the Zoning Administrator through a discretionary review and public hearing are not inclusive of the ADU. ZA Atamian further explained that there was an ADU application that was approved as an in-concept review that has been submitted to the CCC for their Coastal Development Permit for approval.

That process is not included in this application. The only item to be reviewed in this meeting are the items specific to the request of an addition and exterior applications. ZA Atamian expressed he would be able to facilitate a conversation between the Joneses, the applicant and the designer team.

ZA Atamian asked Ms. Kaeni if there is another material other than brushed aluminum, as the finish could have an impact to the historical resource. ZA Atamian stated that he would like to add a Condition of Approval that the fascia materials be either a metal or wood in a light earth tone.

ZA Atamian confirmed that the covered deck is being replaced and a roof deck with a stairway added. ZA Atamian confirmed that some railing is all that would be seen from the side; otherwise, the roof deck is hidden from the street.

ZA Atamian confirmed that the pool permit was issued. ZA Atamian asked the applicant if the property owner has had any communication with the neighbors regarding the ADU. Ms. Kaeni could not confirm, but stated that the ADU was only one-story, and approximately 400 s.f., and that they will encourage the property owners to communicate with the neighbors. Ms.

Kaeni confirmed that the CCC application was mailed on November 6, 2024.

ZA Atamian asked if a street-view rendering could be created to show the neighbors what the view of the historical home would look like with the ADU construction.

Principal Planner Zach Rehm addressed ZA Atamian’s question on the CCC process stating that generally properties with no major changes to the structure or no parking deficit receive a waiver of permit requirements in about three months, and that it is discretionary in that the public can address the CCC with any issues. ZA Atamian stated that in this case State Law precludes the City from discretionary authority, but it does not preclude the CCC from having that authority.

Having no further questions, ZA Atamian closed the public hearing. 312
Minutes of the Zoning Administrator Regular Meeting November 7, 2024 Page 4 ZA Atamian was able to make the following Findings with the exception of the use of brushed aluminum:
• The proposed project is consistent with the General Plan; • The proposed project complies with the Zoning Regulations; • The proposed project is consistent with the City’s Design Guidelines in that the project proposes to improve the existing architecture; • The proposed development will not be detrimental to the public health, safety or welfare;
• The proposed project is in character and compatible with the properties in the neighborhood; and
• The proposed project will not negative visual or physical impacts on the neighboring historic structure.

ZA Atamian determined the project Categorically Exempt from CEQA pursuant to State CEQA Guidelines §15301.e (Class 1.e: Existing Facilities) and §15303 (Class 3: New Construction or Conversion of Small Structures).

Action: The Zoning Administrator adopted Resolution ZA24-020 approving Development Permit 24-478, subject to the Conditions of Approval with the additional Condition added:

1.5: The applicant shall not use brushed aluminum for the exterior facia, but shall use a painted wood or metal facia in a light earth tone.

B. Public Hearing Permit (PHP) 24-518, 2024 December PPA Tour, 111 Avenida Vista Montana
A request for the Zoning Administrator to approve Temporary Use Permit (TUP) 24-517 to allow a pickleball tournament at the Life Time Fitness facility from December 4-8, 2024.

The Zoning Administrator will also consider whether the project is categorically exempt from CEQA pursuant to State CEQA Guidelines §15304 (Class 4.e: Minor Alterations to Land).

Associate Planner David Carrillo summarized the staff report and introduced the applicant, Haley Brezack with the PPA Tour Pickleball Tournament who joined the meeting through a conference call, and Devin Samtani, former General Manager with Lifetime Fitness.

Devin Samtani stated that he was the Lifetime Fitness applicant for the 2021 and 2022 tournaments. Mr. Samtani is very familiar with the event and is excited for the new tournament. Mr. Samtani ensured that clear messaging for off-site parking and navigating traffic has been refined over the years; 313
Minutes of the Zoning Administrator Regular Meeting November 7, 2024 Page 5 those being the two main concerns that affect the neighborhood, public and attendees. Ms. Brezack said that they are incorporating all comments from staff into their 2024 event plan.

ZA Atamian thanked the applicants and opened the public hearing.

ZA Atamian stated that he reviewed the permits previously as the Zoning Administrator and is familiar with the events that have occurred over the years. ZA Atamian clarified with staff who confirmed that the only difference between the current proposal and previous proposals are that the parking at San Clemente High School is now at the Outlets of San Clemente, and that the same Conditions of Approval and a Traffic Management Plan (TMP) will be required and approved by Public Works/Engineering.

ZA Atamian stated that a letter of support was received by a neighboring resident. Additional communications from members of the public stated that the last tournament was organized much better than earlier events.

ZA Atamian commended the applicants for submitting their application earlier than previous submittals, which is very helpful for staff and allows better community communications.

ZA Atamian noted that there are public sidewalks and crosswalks at Lobo Elementary School that lead to the Lifetime Fitness facility for the public’s use.

Having no further questions, ZA Atamian closed the public hearing.

ZA Atamian determined the project Categorically Exempt from CEQA pursuant to State CEQA Guidelines §15304 (Class 4.e: Minor Alterations to Land).

Action: The Zoning Administrator adopted Resolution ZA24-021 approving Temporary Use Permit 24-517, 2024 December PPA Tour Pickleball Tournament, subject to the Conditions of Approval.

5. NEW BUSINESS
None.

6. OLD BUSINESS
None.
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7. ADJOURNMENT
The meeting adjourned at 3:52 p.m. to the Regular Meeting of the Zoning Administrator, which will be held Thursday, November 21, 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
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Adam Atamian, Zoning Administrator
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Subject:
..titl e
DESIGN REVIEW SUBCOMMITTEE REGULAR MEETING MINUTES OF NOVEMBER 13, 2024 ..body Fiscal Impact:

Summary:

Background:

Council Options:

Environmental Review/Analysis:

Recommended Actions:

Staff Recommendation ..recommendation
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Notification:
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MINUTES OF THE REGULAR MEETING OF THE

DESIGN REVIEW SUBCOMMITTEE
NOVEMBER 13, 2024
Subcommittee Members Present: Vice Chair Bart Crandell; Committee Member Cameron Cosgrove; Alternate Member Scott
McKhann (arrived at 3:06 p.m.)
Subcommittee Members Absent: Chair M. Steven Camp
Staff Present: Christopher Wright, Senior Planner
David Carrillo, Associate Planner
Laura Coury, Assistant Planner

1. MINUTES
A. Review and file minutes of the Design Review Subcommittee meeting October 23, 2024
Member Crandell moved to approve with a change in title for Vice Chair Crandell. Member Cosgrove seconded the motion to approve October 23, 2024 Minutes with noted change. Motion passed 2-0, Chair Camp Absent.

Member McKhann arrived at 3:06 p.m.

2. ARCHITECTURAL REVIEW OF THE FOLLOWING ITEMS:
2024 Historic Property Preservation Agreements (HPPAs)
Associate Planner David Carrillo provided an overview of the Mills Act. At the conclusion, Mr. Carrillo answered committee member questions before proceeding with individual property reports.

A. HPPA 24-195, 143 Avenida Granada
The applicant Christian Wach was not present, but communicated by phone, that he accepted the work list and the subcommittee supported it.

B. HPPA 24-197, 161 West Marquita
The applicant Christian Wach was not present, but communicated by phone, that he accepted the work list and the subcommittee supported it.

C. HPPA 24-273, 304 Avenida Sierra
The applicant, Laura Bevill, stated she accepted the work list, and the subcommittee supported it.
317
Design Review Subcommittee Regular Meeting Minutes November 13, 2024 Page 2 D. HPPA 24-390, 210 West Mariposa
The applicant, Kristy Khachigian, stated she accepted the work list, and the subcommittee supported it.

E. 402/404 Pasadena Court
There was discussion on how the previously approved entitlements for a hotel and restaurant at the subject site affects the City’s approach on the Mills Act contract for the historic structure. The outcome was to limit the contract to 402 Pasadena Court, prioritize improvements that can be accomplished while permits are in process for the development, and then defer improvements that would be completed with a development project and provide a deadline to get related permits. If permits aren’t obtained within the deadline, the contract should be reevaluated. Larry and Joelle Dunnwald accepted the work list and the DRSC-recommended approach on the contract.

The DRSC supported all proposed Mills Act contracts moving forward to the City Council for a decision, and made the following suggestions to staff:
• Explore establishing an annual program for Mills Act property owners to report their completion of Mills Act improvements so the City can ensure contract obligations are being satisfied. This would be in addition to the fiveyear on-site inspections that are part of the Mills Act program. With the annual information collected, there would be a means to provide a status report as was done years ago.
• Require that sewer and water pipes be inspected before completing driveway repairs to avoid removing a new driveway in the future due to pipe damage.

3. NEW BUSINESS
None.

4. OLD BUSINESS
None.

5. ORAL AND WRITTEN COMMUNICATION
None.
318
Design Review Subcommittee Regular Meeting Minutes November 13, 2024 Page 3

7. ADJOURNMENT
Adjourned to the October 27, 2024 DRSC meeting at 5:00 p.m., San Clemente City Hall, First Floor Community Room, 910 Calle Negocio, San Clemente, CA.

Respectfully submitted,
_______________________________
Vice Chair Bart Crandell
Attest:
_______________________________
Christopher Wright, Senior Planner
319
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: December 10, 2024 Agenda Item: (6)
Submitted By: Choose an item.

Prepared By:

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

Summary:

Background:

Council Options:

Environmental Review/Analysis:

Recommended Actions:

Staff Recommendation ..recommendation
..end
Attachment:

Notification:
320
These minutes will be considered for approval at the Planning Commission meeting of 12-18-2024.

MINUTES OF THE REGULAR MEETING

OF THE CITY OF SAN CLEMENTE

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

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

CALL TO ORDER
Chair Cosgrove called the Regular Meeting of the Planning Commission of the City of San Clemente to order at 6:02 p.m. The meeting was offered in person at San Clemente City Hall Council Chambers, 910 Calle Negocio, San Clemente, California, 92673, and also via live stream from the City’s YouTube Channel.

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

3. ROLL CALL
Commissioners Present: Chair Pro Tem M. Steven Camp; Barton Crandell; Chair Cameron Cosgrove; Brenton Davis; Vice Chair Gary P. McCaughan, M.D.

Commissioners Absent: Karen Prescott-Loeffler
Staff Present: Jonathan Lightfoot, City Planner
Gena Burns, Deputy City Attorney
Araceli Mejia, Assistant Planner
Tamara Tatich, Recording Secretary
These minutes reflect the order in which items appeared on the meeting agenda and do not necessarily reflect the order in which items were actually considered.

4. SPECIAL ORDER OF BUSINESS/SPECIAL PRESENTATION
None.

5. MINUTES
A. Receive and file Minutes from the Planning Commission Regular Meeting of October 2, 2024.

IT WAS MOVED BY COMMISSIONER MCKHANN, SECONDED BY COMMISSIONER

MCCAUGHAN, COMMISSIONERS CRANDALL AND DAVIS ABSTAINING, AND CARRIED 4-0-2, COMMISSIONER PRESCOTT-LOEFFLER ABSENT, to receive and file the minutes from the Planning Commission Special Meeting of October 2, 2024. 321
Minutes of Regular Planning Commission Meeting of November 20, 2024 Page 2

6. ORAL AND WRITTEN COMMUNICATION
Jacqueline Kriskey, 30-year resident in close proximity to Gibroni’s Pizza at 555 N. El Camino Real, expressed concern about excessive noise levels, increased hours of operation, and numerous special events which are causing a nuisance to the surrounding residential community.

7. CONSENT CALENDAR
A. 2025 Planning Commission Meeting Calendar
City Planner Jonathan Lightfoot presented the approved 2025 City Council Meeting Calendar, and recommendations for the 2025 Planning Commission Meeting Calendar.

After discussion, it was determined the meetings would continue with the same start time of 6:00 p.m., following any study sessions at 5:00 p.m. They recommended cancelling the January 8, 2025 and July 2, 2025 Planning Commission Meetings as well as the January 15, 2025, November 26, 2025, and December 24, 2025 Design Review Subcommittee Meetings.
.

IT WAS MOVED BY COMMISSIONER MCKHANN, SECONDED BY COMMISSIONER CRANDELL, AND CARRIED 6-0, COMMISSIONER PRESCOTT-LOEFFLER ABSENT, to approve the 2025 Planning Commission Meeting Calendar with the above-referenced modifications.

8. PUBLIC HEARING
A. Public Hearing Project (PHP) 24-413, Mediterranean Restaurant Full-Service Alcohol, 1502 S El Camino Real
A public hearing item for the Planning Commission to consider a request for a Conditional Use Permit (CUP) 24-434 to establish full-service alcohol for indoor and outdoor on-site consumption at a new restaurant.

The Planning Commission also considered whether the project is Categorically Exempt from the requirements of the CEQA pursuant to CEQA Guidelines §15301 (Class 1: Existing Facilities).

Chair Cosgrove opened the public hearing.

Assistant Planner Araceli Mejia presented a PowerPoint entitled: “CUP24-434 Mediterranean Restaurant Full-Service Alcohol.” A copy of the presentation is on file in the Planning Division.

In response to Commissioner questions, Ms. Mejia discussed the hours of operation and parking for the applicant’s restaurant use on the first floor, and an 322
Minutes of Regular Planning Commission Meeting of November 20, 2024 Page 3 existing Pilates studio on the upper level of the Valencia Building; and also confirmed that amplified sound is not included in the application.

Sanjay Patel, developer of the restaurant and George Stambuck, applicant, explained the restaurant’s expected peak hours and parking allocations that incorporated the existing studio parking use in a parking study that was provided.

Mr. Patel described the restaurant’s concept, interior design, architecture and projected May, 2025 grand opening.

There were no public comments.

City Planner Jonathan Lightfoot presented the staff report section for Foundation Pilates studio Minor Conditional Use Permit application (MCUP 24-138), reviewed by the Zoning Administrator on June 6, 2024, which highlighted student count (limited to 8 students at a time), hours of operation and parking allocation that were approved by the Zoning Administrator in June, 2024.

There being no further questions of staff or the applicant, Chair Cosgrove closed the public meeting.

IT WAS MOVED BY VICE CHAIR MCCAUGHAN, SECONDED BY CHAIR COSGROVE, AND CARRIED 6-0, COMMISSIONER PRESCOTT-LOEFFLER ABSENT, TO ADD CONDITION OF APPROVAL 7.6 TO INCLUDE THE HOURS OF OPERATION TO STATE 5:00 P.M. TO 10:00 P.M. AND APPROVE RESOLUTION PC 24-024.

9. NEW BUSINESS
None

10. OLD BUSINESS
None

11. REPORTS OF COMMISSIONERS AND STAFF
A. Tentative Future Agenda
Chair Cosgrove commended City Planner Lightfoot on a recent comprehensive summary of the City Council’s actions on their November 19th meeting that was emailed to all the Commissioners.

City Planner Lightfoot advised that recruitment is underway for a position in the Planning Division in January, and introduced Araceli Mejia, a new Assistant Planner.

City Planner Lightfoot stated that the first meeting in December will be cancelled, and a Study Session on the topic of telecom and the process a site analysis is being planned for the second meeting on December 18.

B. Administrative Development Permit Report
323
Minutes of Regular Planning Commission Meeting of November 20, 2024 Page 4 None.

12. ADJOURNMENT

THERE BEING NO OTHER BUSINESS BEFORE THE COMMISSION, IT WAS

MOVED BY CHAIR COSGROVE, SECONDED BY VICE CHAIR CAMP, AND CARRIED 6-0, COMMISSIONER PRESCOTT-LOEFFLER ABSENT, TO ADJOURN THE MEETING AT 6:54 P.M. TO THE REGULAR PLANNING COMMISSION MEETING TO BE HELD IN-PERSON ON DECEMBER 18, 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
324
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: December 10, 2024 Agenda Item: (7)
Submitted By: Choose an item.

Prepared By:

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

Summary:

Background:

Council Options:

Environmental Review/Analysis:

Recommended Actions:

Staff Recommendation ..recommendation
..end
Attachment:

Notification:
325

CITY OF SAN CLEMENTE

MINUTES OF THE REGULAR MEETING

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

1. CALL TO ORDER
Zoning Administrator (ZA) Adam Atamian called the Regular Meeting of the City of San Clemente Zoning Administrator to order on November 21, 2024 at 3:02 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, Principal Planner
Araceli Mejia, Assistant Planner
Tamara Tatich, Administrative Assistant

2. MINUTES
A. Minutes from the Zoning Administrator Regular Meeting of November 7, 2024.

ZA Atamian received and filed the minutes for the regular meeting of November 7, 2024.

3. ORAL AND WRITTEN COMMUNICATION
None.

4. PUBLIC HEARING
A. Public Hearing Permit (PHP) 24-424, Quillman Residence Addition, 117 Avenida San Pablo
A request for the Zoning Administrator to approve Development Permit (DP) 24-460 for an addition less than 500 square feet to a residence at 117 Avenida San Pablo, that is abutting and across the street from a historical structure.

The Zoning Administrator will also consider whether the project is categorically exempt from CEQA pursuant to State CEQA Guidelines §15301.e (Class 1.e: Existing Facilities) and §15303 (Class 3: New Construction or Conversion of Small Structures).
326
Minutes of the Zoning Administrator Regular Meeting November 21, 2024 Page 2 Assistant Planner Araceli Mejia summarized the staff report and introduced Randy Quillman, the property owner.

ZA Atamian asked the applicant if they had anything to add to the report, at which time Mr. Quillman thanked staff for their work and stated he was excited to proceed.

ZA Atamian opened the public hearing and thanked staff for the presentation and the applicant for his comments.

ZA Atamian disclosed that he visited the site, reviewed the general state of the property and the neighboring historical resource, as well as the general pattern and development of the neighborhood.

In response to ZA Atamian questions, Mr. Quillman described the dry streambed as a decorative feature, but can be temporarily driven upon. It is not meant to have live plant landscaping.

Having no further questions, ZA Atamian closed the public hearing.

ZA Atamian stated that the project is consistent with the General Plan, complies with the zoning regulations and development standards, and is consistent with the City’s Design Guidelines. ZA Atamian stated that the proposed project will not have an impact on the adjacent historic property, the City’s review and permit process is to ensure such additions will not have a negative impact on historical resources, and that there is no opportunity for the two structures to be in the same view at the same time.

ZA Atamian stated the landscaping has been reviewed per the Water Efficient Landscape Ordinance (WELO), and the proposed project is in character and compatible with the properties in the neighborhood.

ZA Atamian thanked Mr. Quillman for investing in his property and that the proposed project will benefit the entire neighborhood.

ZA Atamian cited that the project plans and Conditions of Approval state that a sidewalk is to be constructed; and Mr. Quillman confirmed that a sidewalk has been added, and that it will be as close to ADA compliant as possible given the grade.

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

Action: The Zoning Administrator adopted Resolution ZA24-022 approving Development Permit 24-460, Quillman Residence, subject to the Conditions of Approval.
327
Minutes of the Zoning Administrator Regular Meeting November 21, 2024 Page 3 B. Public Hearing Permit (PHP) 24-362, SC Christian School, 180 Avenida La Pata
A request for the Zoning Administrator to continue the public hearing on PHP 24-362; a proposed amendment to Conditional Use Permit 15-106.

The continuance is recommended to a date uncertain, in which public noticing will be redistributed for a future hearing on this item. The applicant requests the continuance to complete additional analysis.

In response to ZA Atamian question to continue the item to a date uncertain, Principal Planner Zach Rehm confirmed that it was staff’s recommendation and that noticing will be processed again once a date has been determined.

Action: The Zoning Administrator moved to continue PHP 24-362, SC Christian School, 180 Avenida La Pata to a date uncertain and that noticing will be processed once a date is known.

5. NEW BUSINESS
None.

6. OLD BUSINESS
None.

7. ADJOURNMENT
The meeting adjourned at 3:13 p.m. to the Regular Meeting of the Zoning Administrator, which will be held Thursday, December 5, 2024 at 3:00 p.m. at Community Development Department, City Hall, First Floor Community Room, located at 910 Calle Negocio, San Clemente, California.

Respectfully submitted,

SAN CLEMENTE ZONING ADMINISTRATOR
__________________________________
Adam Atamian, Zoning Administrator
328
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: December 10, 2024 Agenda Item: (1)
..ag endizedby
..end
Subject:
..titl e
Approve Wire Transfer Nos.
3145 through 3150 and Warrant Nos.
600823 through 600970, paid on
11-15-24, in the amount of $3,228,489.14
TOTAL WARRANT REGISTER $3,228,489.14 ..end
329
330
331
332
333
334
335
336
337
338
339
340
341
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: December 10, 2024 Agenda Item:
..ag endizedby
..end
Subject:
..titl e
Warrant No. 958, and Automatic
Deposit Advises 98737 through
99056, for the period 10-28-24
through 11-10-24, paid on 11-15-24,
in the amount of $505,408.19
TOTAL PAYROLL REGISTER $505,408.19 ..end
342
343
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: December 10, 2024 Agenda Item: 11D.
344
ORDINANCE NO. 1783

AN ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF SAN CLEMENTE, CALIFORNIA, AMENDING

SAN CLEMENTE MUNICIPAL CODE SECTIONS

2.10.010 AND 2.08.090, VESTING AUTHORITY IN

THE CITY MANAGER TO APPOINT THE CITY CLERK
WHEREAS, the City Council, at its meeting of June 7, 2022, added a Ballot Measure to the General Municipal Election of November 8, 2022 for the voters to determine whether the City Clerk should remain elected, or if they should be appointed by City Council or Staff; and
WHEREAS, the majority of voters approved this measure, approving the transition of the City Clerk position from an elected position to an appointed position, effective at the end of the 2020-2024 term; and
WHEREAS, on November 8, 2022, the City adopted Ordinance No. 1746, which established the appointive office of the City Clerk; and WHEREAS, pursuant to California Government Code Section 36510 and Ordinance No. 1746, the City Council may by ordinance vest in the City Manager its authority to appoint the City Clerk; and
WHEREAS, the City Council desires to amend Sections 2.10.010 and 2.08.090 of the Municipal Code to vest in the City Manager its authority to appoint the City Clerk.

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 true and incorporated fully into this Ordinance. The scope of this Ordinance is for the appointment of the Office of the City Clerk. This Ordinance is subject to the limitations set and superseded by state and federal law.

Section 2: Amendment to San Clemente Municipal Code section 2.10.010 Section 2.10.010 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):

2.10.010 - Office established—Appointment and compensation.

Pursuant to California Government Code Sections 36501 and 36508, there is hereby established the office of City Clerk. The City Clerk shall be appointed by, and shall serve at the pleasure of, the City Council Manager and shall not be 345
Ordinance No. 1783 Page 2
required to be a resident or elector of the City. The City Clerk shall receive such compensation as shall be fixed from time to time by resolution or ordinance of the City Council. Notwithstanding the above, p Pursuant to Government Code Section 36510, the City Council may, hereby ordinance, vests in the City Manager its authority to appoint the City Clerk.

Section 3: Amendment to San Clemente Municipal Code section 2.08.090(B) Section 2.08.090(B) 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):

B. Appointment, etc., of Officers and Employees. To appoint, promote, discipline, demote and remove all heads of departments and all subordinate officers and employees of the City, except the City Attorney, City Clerk and City Treasurer; to transfer employees from one department to another and to consolidate or combine offices, positions, departments or units under his or her jurisdiction.

Section 4: The City Clerk shall certify to the passage of this ordinance and cause the same to be published as required by law, and the same shall take effect as provided by law.

Section 5: Effective Date. This Ordinance shall become effective 30 days after adoption.

INTRODUCED AND FIRST READ at a regular meeting of the City Council of the City of San Clemente, California, on the 19th day of November, 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
346
Ordinance No. 1783 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, hereby certify that Ordinance No. 1783 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
347
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: December 10, 2024 Agenda Item: 11E.
348
Attachment 1
ORDINANCE NO. 1784

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, APPROVING ZONING
AMENDMENT ZA24-193 TO TITLE 17 (ZONING) OF THE

SAN CLEMENTE MUNICIPAL CODE TO ADD CHAPTER

17.26 OBJECTIVE DESIGN STANDARDS FOR MULTIFAMILY RESIDENTIAL AND RESIDENTIAL MIXED-USE DEVELOPMENT, AMENDING SECTION 17.32.030

RESIDENTIAL ZONE USES, AMENDING SECTION

17.36.020 COMMERCIAL ZONE USES, AMENDING
SECTION 17.40.030 MIXED-USE ZONE USES, AND
AMENDING SECTION 17.56.090 HOUSING OVERLAY TO

ADD CERTAIN SITES PREVIOUSLY IDENTIFIED IN THE

HOUSING ELEMENT, IN ACCORDANCE WITH CALIFORNIA
HOUSING LAWS AND THE CITY OF SAN CLEMENTE’S
CERTIFIED HOUSING ELEMENT; AND FINDING THAT THE

ZONING AMENDMENT IS EXEMPT FROM CEQA PER THE

COMMUNITY PLAN EXEMPTION PURSUANT TO PUBLIC
RESOURCES CODE SECTION 21083.3 AND CALIFORNIA

ENVIRONMENTAL QUALITY ACT GUIDELINES SECTIONS
15183, 15060(C) AND 15061(B)(3)
WHEREAS, in 2017, the Housing Accountability Act (“HAA”) was significantly strengthened through the passage of three bills, Senate Bill (“SB”) 167, Assembly Bill (“AB”) 678, and AB 1515. These bills were part of a comprehensive group of laws enacted to address California’s housing shortage. This signaled a significant shift in the focus of the state’s housing policies from planning to production. In 2018, AB 3194 further amended and strengthened the HAA. As clarified by AB 3194, when there are inconsistencies between the General Plan and zoning regulations, the General Plan policies take precedence; and WHEREAS, on January 1, 2018, SB 35, intended to help address California’s housing shortage, went into effect, requiring a streamlined and ministerial review process for multi-family housing projects meeting specific qualifications; and WHEREAS, on January 1, 2019, AB 2162, intended to help address California’s need for supportive and emergency housing, went into effect, requiring a streamlined and ministerial review process for supportive housing meeting specific qualifications; and WHEREAS, on January 1, 2020, SB 330, intended to create certainty in the development of housing projects, went into effect, speeding up the review of these project, and created restrictions on new local regulations; and
WHEREAS, on January 1, 2022, SB 9 went into effect, that requires cities to ministerially approve, within single family residential zones, housing developments containing no more than two residential units and parcel maps for urban lot splits; and 349
Ordinance 1784 Page 2
WHEREAS, with certain limitations, the above-referenced laws permit the City to impose design standards on housing projects, so long as those standards are objective and involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal. Staff developed the “Objective Design Standards for Multi-Family Residential and Residential Mixed-Use Development” (referred to as “Objective Design Standards”) to ensure new development maintains the unique character and quality of design expected within the City of San Clemente, while providing the City an avenue to process permits for qualifying projects administratively; and
WHEREAS, the City Council adopted the Housing Element Update on September 20, 2022 in accordance with State law and before the deadline of October 2022; and WHEREAS, the Department of Housing and Community Development (HCD) certified the City’s Housing Element on October 12, 2022; and WHEREAS, on September 20, 2022, as part of its action on the Housing Element, the City Council certified Program Environmental Impact Report SCH No. 2021020256 (“Housing Element and Safety Element EIR”) pursuant to the California Environmental Quality Act (“CEQA”), approved mitigation measures, and adopted a Statement of Overriding Considerations; and
WHEREAS this Ordinance, through the Zoning Amendment attached as Exhibit A, amends the San Clemente Municipal Code (SCMC) by adding Chapter 17.26 and amending Sections 17.32.030, 17.36.020, 17.40.030, and 17.56.090 with Objective Design Standards, zoning table amendments, and a Housing Overlay, that implement the requirements of State housing laws and the City of San Clemente’s certified Housing Element to effectuate the City Council’s directives on the same; and
WHEREAS, on September 27, 2023 and January 24, 2024, the Design Review Subcommittee (DRSC) conducted public hearings on the Housing Action Plan, focused on whether multiple drafts of the Objective Design Standards encompass all architectural features and design elements related to four architectural styles specified in the City’s Design Guidelines and Specific Plans, with specific numerical standards necessary to facilitate administrative review; and
WHEREAS, on March 8, 2024, the Planning Commission conducted a duly noticed study session to consider a presentation by staff and public testimony concerning the Housing Action Plan items including the Objective Design Standards, zoning amendments, and the Housing Overlay; and
WHEREAS, on May 8, 2024, the Planning Commission conducted a duly noticed public hearing to consider the staff report, recommendations by staff, and public testimony concerning the Ordinance, provided direction to staff, and continued the hearing; and 350
Ordinance 1784 Page 3
WHEREAS, on October 2, 2024, the Planning Commission conducted the continued the public hearing to consider the staff report, recommendations by staff, and public testimony concerning the Ordinance, and recommended that the City Council approve the Ordinance and amend the zoning code; and
WHEREAS, on November 7, 2024, the City duly gave notice of a public hearing to be held by the City Council to consider this Ordinance by advertisement in a newspaper of general circulation; and
WHEREAS, on November 19, 2024, the City Council City Council held a dulynoticed public hearing and heard and considered the Ordinance, including: (1) the public testimony and agenda reports prepared in connection with the Ordinance, (2) the policy considerations discussed therein, and (3) the consideration and recommendation by the City’s Planning Commission; and
WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred.

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

Section 1. Incorporation of Recitals.

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

Section 2. Compliance with the California Environmental Quality Act.

Based upon its review of the entire record, including, but not limited to, the staff report, any public comments or testimony, and all related information presented to the City, and the facts outlined below, the City Council finds the SCMC amendments included in the Ordinance are exempt from CEQA and/or not subject to further environmental review pursuant to Public Resources Code (PRC) Section 21083.3 and CEQA Guidelines Section 15183, as well as Guidelines Sections 15060(C) and 15061(B)(3). Since the project would adopt development standards consistent with the land uses and development intensities analyzed in the certified EIR for the Housing Element Update, the SCMC amendments are eligible for the Community Plan exemption from CEQA pursuant to PRC Section 21083.3 and CEQA Guidelines Section 15183.

Additionally, the project is covered by the general rule that CEQA applies only to projects which have the potential to cause a significant effect on the environment, and where it can be seen with certainty that there is no possibility that the project may have a significant effect on the environment, the project is not subject to CEQA. The proposed zoning amendment involves a policy action that is administrative in nature, related to the requirements to implement Housing Element Programs. Therefore, it can be seen with certainty that there is no possibility that this project may have a significant effect on the environment and is not subject to CEQA. It is not possible to predict which properties in 351
Ordinance 1784 Page 4
the City, if any, may be proposed to be developed with a project that is subject to the Objective Design Standards and Housing Overlay, whether any development or density will result from the proposed changes, whether any development or density will result that would not already have occurred under the existing Zoning Ordinance, whether any project may elect to submit eligible projects, or any possible significant environmental impacts peculiar to the adoption of the Housing Action Plan updates, and therefore will not result in any direct or reasonably foreseeable indirect physical change in the environment (CEQA Guidelines Section 15060(c).) Finally, the project can be seen with certainty based on review of the facts to have no possible significant effect on the environment, including impacts to water or traffic (CEQA Guidelines Section 15061(b)(3).) Section 3. Zoning Amendment Findings.

The City Council finds the following with respect to the Zoning Amendment ZA24- 193 attached hereto as Exhibit A, amending the SCMC:

A. The Zoning Amendment is consistent with the General Plan, in that:

1. The Amendment improves the effectiveness of processes that directly implement goals and policies Centennial General Plan (as adopted on February 14, 2014 and by subsequent amendments thereafter including the Housing Element adopted in 2022) pursuant to Government Code Section 65860(c);

2. The Objective Design Standards are consistent with the Land Use Element of the General Plan. Specifically, Land Use Element Policy LU-1.03 provides that the City should maintain neighborhood character by maintaining elements that unify and enhance the character of neighborhoods, including parkways, street trees, and compatible setbacks. This Ordinance is consistent with—and effectuates—Policy LU-1.04 by ensuring that projects within the Housing Overlay implement designs to convey a high level of architectural and landscape quality in accordance with the Urban Design Element and Zoning Code, and in consideration of the following: a) varied and distinct building elevations, facades, and masses (avoiding undifferentiated "box-like" structures); b) building scale and massing that is compatible with existing development; c) use of extensive site landscaping to complement the architectural designs of structures; d) reduced area and width of paving in front yards for driveway and garage access; and e) location and design of garages so that they do not dominate the appearance of the dwelling from the street. Collectively, this will facilitate housing projects with a variety of housing types, styles and densities in the City.

3. The Ordinance is consistent with, and in furtherance of, the General Plan as it implements Housing Action Plan programs identified in the City’s Sixth Cycle Housing Element, including the Objective Design Standards, Housing Overlay expansion to include parcels previously identified in the Housing Element, and zoning land use table changes to authorize Qualifying 352
Ordinance 1784 Page 5
Affordable Housing Development Projects and senior housing in medium and high density residential, commercial, and mixed-use zones.

B. The Zoning Amendment adopting the Objective Design Standards and amending the land use provisions of the zoning code as reflected in Exhibit A will not adversely impact the public health, safety, and welfare since they further the Centennial General Plan objectives of (1) meeting community values, needs, and conditions; (2) guiding long-term public and private land use, transportation, economic development, resource preservation, urban design, and other public policy actions; and (3) reflecting the Planning Commission’s review, direction, and independent judgement regarding land use. Adoption of this Ordinance is also consistent with—and contemplated by—the City’s Sixth Cycle Housing Element, the adoption which the City Council determined will not adversely impact the public health, safety and welfare. For these reasons, adoption of this Ordinance will not adversely affect the public health, safety, and welfare.

Section 4. SCMC Code Amendments. Title 17 (Zoning) of the San Clemente Municipal Code is hereby amended as set forth in Exhibit A, attached hereto and incorporated herein fully by reference.

Section 5. Severability.

If any section, subsection, sentence, clause, or phrase of this Ordinance is, for any reason, held to be invalid or unenforceable by a court of competent jurisdiction, such decision shall not affect the validity or enforceability of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each section, subsection, clause, or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, and phrases would be declared invalid or unenforceable.

Section 6. The City Clerk shall certify to the passage of this Ordinance and publish the same in the manner required by law, and this Ordinance shall take effect as provided by law.

APPROVED, ADOPTED AND SIGNED this ___ day of _____________, _______.

ATTEST:
_______________________________ ___________________________ City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California
353
Ordinance 1784 Page 6

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. 1784 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 ________________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_______________, 2024 __________________________
CITY CLERK of the City of
San Clemente, California
APPROVED AS TO FORM:
___________________________
Elizabeth A. Mitchell, City Attorney
354
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: December 10, 2024 Agenda Item: 11F.
355
ORDINANCE NO. 1785

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY

OF SAN CLEMENTE, CALIFORNIA, AMENDING
MUNICIPAL CODE SECTIONS 8.48.070, 8.48.090,

12.34.020 AND 12.34.040 RELATING TO REQUIRING A

SPECIAL EVENT PERMIT TO ALLOW AMPLIFIED SOUND

IN PUBLIC SPACES AND MAKING RELATED MINOR

CODE CLARIFICATIONS RELATING TO SPECIAL EVENT

PERMITS AND NOISE REQUIREMENTS, AND FINDING

THE ORDINANCE IS EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT
WHEREAS, the City’s special events ordinance protects the public’s right to engage in free speech and assembly in public spaces and protect public peace, health, and safety by reasonably regulating the time, place, and manner of special events with reasonable and minimally restrictive regulation of traffic, noise, aesthetics, and other impacts of activities, and having a streamlined permitting process for special events; and WHEREAS, successful management of special events on public property can require the dedication of public services and resources, such as City law enforcement, staff oversight, and additional facility maintenance, which in certain circumstances are more appropriately borne by event organizers than the public at large; and WHEREAS, successful management of special events on City property requires involvement of and coordination with City staff to determine whether the events are compatible in size and type of use with the proposed event site, considering factors such as the site's location, layout and facilities, time of day, whether adequate City services are available for the events, whether the events unduly interfere with the City's ability to provide services to the entire community, and whether impacts between competing uses of the public space can be adequately harmonized; and WHEREAS, the Municipal Code provides a framework for permitting “special events”, defined in part based on whether an activity produces noise “with a sustained volume of more than 65 dB (A) for more than one hour or 80 dB (A) for any duration of time”; and
WHEREAS, the City Council is concerned that current provisions of the San Clemente special events ordinance and noise ordinance do not provide a proactive, efficient, or predictable means for City staff to efficiently and effectively manage use of amplified sound in public spaces because staff must use noise meters at an event to verify whether activity produces noise in excess of the threshold (stated above) that is subject to a special event permit; and
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Ordinance No. 1785 Page 2
WHEREAS, in response to public complaints about this issue, the City Council wishes to amend Municipal Code Section 8.48.070, 8.48,090, 12.34.020, and 12.34.040 to: 1) require approval of a Special Event Permit to allow amplified sound in public spaces, 2) clean up incorrect referenced code sections and permit types, and 3) clarify amplified sound is one of the listed “special event” activities exempt from the Noise Ordinance with a Special Event Permit or other City-issued permit; and WHEREAS, on November 19, 2024, the City Council considered the agenda report, any written and oral testimony received from the public, and other evidence in the record for this Ordinance.

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

Section 1: Recitals. The recitals above are each incorporated herein fully by reference and adopted as findings of the City Council.

Section 2: CEQA Findings. Based upon its review of the entire record as a whole, the City Council finds and determines that this Ordinance is not subject to the California Environmental Quality Act (CEQA), given that the ordinance is not a “project” according to State CEQA Guidelines Section 15378, given the ordinance has no potential "for resulting in a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.” The ordinance updates reasonable and minimally restrictive regulations for special events to address amplified sound use in public spaces.

Section 3: Specific Noises Prohibited. San Clemente Municipal Code Section

8.48.070 (B) and (C) are amended to read, in their entirety, as follows:

B. Radios, phonographs, etc. on Private Property or Within Vehicles in Public.

Operating, playing or permitting the operation or playing of any radio, receiving set, television set, phonograph, drum, musical instrument, or similar device, on private property or within vehicles in public, which produces or reproduces sound:

1. In such manner as to disturb the peace, quiet and comfort of a person of normal sensitiveness.

2. At any time with louder volume than is necessary to provide convenient hearing of the device by voluntary listeners located in the same room, vehicle or chamber as the device.

3. Between the hours of ten (10:00) p.m. and seven (7:00) a.m. in such a manner as to create a noise disturbance across a residential or commercial real property line or at any time to violate the provisions of Sections 8.48.050 and

8.48.060.

C. Loudspeakers, amplifiers in Public. The using, operating or permitting to be played, used or operated of any radio receiving set, musical instrument, phonograph, loudspeaker, sound amplifier or other machine or device, outside of 357
Ordinance No. 1785 Page 3
a vehicle in public, for the producing or reproducing of sound which is cast upon the public streets for any purpose, except as permitted in Section 17.24.055, Commercial Amplified Sound, or conducted pursuant to a Special Event Permit, Temporary Use Permit, or other City-issued approval.

Section 4: Noise Control, Exemptions from Chapter. San Clemente Municipal Code Section 8.48.090(B) is amended to read, in its entirety, as follows:

B. Any events (including outdoor gatherings, public dances, shows, amplified sound use, sporting and entertainment events) conducted pursuant to a Special Event Permit, Temporary Use Permit, or other City-issued approval.

Section 5: Special Events Permits, Definitions. The definition of “Special Event” in San Clemente Municipal Code in Section 12.34.020 is amended to read, in its entirety, as follows:
"Special event" means:

A. Any organized activity, or persons participating in an organized activity having a common purpose on City property for a duration of less than 30 calendar days and involving at any given time during such period 50 or more persons, or involving 20 or more persons in a small City park;
B. Any use of City property which is inconsistent with the permanent or ordinary use to which the property is dedicated or ordinarily used, and results in adverse impacts to public property, or the public's free use of public property because:

1. The activity is inconsistent with the occupancy levels for the subject property;

2. The activity involves the use of signs (as defined in Section 17.84.030 of this code), whether attached to public buildings, structures, ground, or landscaping, or, with the exception of activities meeting the definition of "Expressive Activity" (as defined in this chapter), handheld signs;

3. The activity includes the placement of temporary structures or devices attached to public property in any manner, or includes the use of temporary structures or devices of combined total area of more than 64 square feet;

4. The activity involves the use of amplified sound or is likely to result in noise with a sustained volume of more than 65 dB (A) for more than one hour or 80 dB (A) for any duration of time;

5. The intensity of the activity is likely to result in permanent or temporary damage to public buildings, structures, or landscaping, including, but not limited to, litter, turf damage, or any unsanitary conditions; or 358
Ordinance No. 1785 Page 4
C. Any organized activity, regardless of the number of persons involved, where goods or services are offered, with or without cost, to members of the public, whether directly associated with the event organizers or participants or not; or D. Any event, regardless of the number of persons involved, requiring full or partial closure of, or impedes access to, any portion of the right-of-way, which occurs on a public street, sidewalk, alley, or other public right-of-way, and/or any event occurring on any public property or public right-of-way which is likely to obstruct, delay or interfere with the normal flow of pedestrian or vehicular traffic, including access to path-of-travel or accessible facilities required by the Americans with Disabilities Act (ADA), access to public transit, public parking, public parks, public institutions, including Police and Fire stations and schools, public and private medical offices and hospitals, business access, or coastal or beach access or use.

The following list of examples is illustrative, but not determinative, of activities that may constitute "special events":

1. Motorized vehicle races or contests.

2. Non-motorized vehicle races or contests.

3. Carnivals, circuses, fairs, festivals, non-domesticated animal acts or exhibitions, and similar activities.

4. Any event with mechanical amusement rides.

5. Promotional or fundraising activities.

6. Parades.

7. Outdoor shows, movies, concerts and exhibitions.

8. Outdoor craft fairs, soapbox derbies, or other similar events.

9. Beach cleanups.

10. Surf competitions.

Section 4: Special Events Permits, Definitions. The definition of “Amplified Sound” in San Clemente Municipal Code in Section 12.34.020 is added to read as follows, with existing definitions reordered alphabetically:
“Amplified Sound” means sound whose volume has been made louder by any electric, electronic, mechanical, or motor-powered means using equipment like speakers, sound systems, stereos, or bullhorns.

Section 5: Exceptions to the special event permit requirement. San Clemente Municipal Code in Section 12.34.040 is amended to read, in its entirety, as follows:

A special event permit is not required for:
359
Ordinance No. 1785 Page 5
A. Any event conducted pursuant to the following:

1. A temporary use permit issued by the Community Development Department as provided in Chapters 17.16 and 17.28 of this code;

2. A sidewalk vending permit issued by the Finance Department as provided in Chapter 5.50 of this code;

3. A street vending permit issued by the Finance Department as provided in Chapter 5.52 of this code; or

4. A filming permit issued by the Beaches, Parks & Recreation Department as provide in Chapter 5.44 of this code.

B. Any organized activity within the scope of a conditional use permit or other land use approval given or required for that use.

C. Any expressive activity on a City street, sidewalk, or park, that does not involve use of amplified sound, on condition that within 48 hours of such activity, or within such time is practicable for expressive activity that would otherwise constitute a spontaneous special event, any individual(s) or organization(s) leading or participating in such activity provides the City Manager with the information listed in subsections 12.34.070(A)(1), (3), (4), (5), (6), (13), and (21).

D. Funeral processions by a licensed mortuary or funeral home.

E. Activities conducted by a government agency acting within the scope of its authority.

Section 6: 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, in the Office of the City Clerk in accordance with California Government Code Section 36933.

Section 7: Records. The documents and materials associated with this ordinance that constitute the record of proceedings on which the City Council’s findings and determinations are based are located at City Hall, 910 Calle Negocio, San Clemente, CA 92673.

Section 8: 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 the invalidity of any portion thereof.
360
Ordinance No. 1785 Page 6
Section 9: Effective Date. This Ordinance shall become effective 30 days after its adoption.

Section 10: Certification. The City Clerk shall certify to the passage of this ordinance and cause the same to be published as required by law, and the same shall take effect as provided by law.

APPROVED AND ADOPTED this _____day of _________________, ________.

ATTEST:
_______________________________ ___________________________ City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California
361
Ordinance No. 1785 Page 7

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. 1785 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
362
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: December 10, 2024 Agenda Item: 11G.

Department: Public Works
Prepared By: Amir K. Ilkhanipour, P.E., Principal Civil Engineer Subject:
..titl e

CONSIDERATION OF A RESOLUTION TO ACCEPT AND FILE NOTICE OF COMPLETION FOR THE NORTH BEACH EMERGENCY SAND PLACEMENT PROJECT, PROJECT NO. 14901 ..body
Fiscal Impact:

The total construction cost of $2,027,410 is within the approved budget of $2,036,680 from the General Fund, Account No. 001-636-45300-000-14901.

Summary:

Before the Council is the acceptance and Notice of Completion (Attachment 1) for the North Beach Emergency Sand Placement Project, as shown below. 363
Meeting Date: December 10, 2024 Agenda Item: 11G.

CITY OF SAN CLEMENTE 2
Background:

On June 18, 2024, the City Council awarded a construction contract to GCI Construction, Inc. to deliver and spread 30,000 cubic yards of sand from the Santa Ana River on the North Beach area, along approximately 1,500 feet of the shoreline. The City had been experiencing critical erosion hot spots that had developed at North Beach and declared the project as an emergency to protect existing infrastructure.

On September 17, 2024, the City Council approved an increase to the project contingency from the original 10% to 19% to allow placement of an additional 7,000 cubic yards of sand on the North Beach area. This increase in the contingency did not change the overall approved project budget of $2,036,000, due to the cost savings by the contractor’s expediency that resulted in reducing construction management and railway flagging costs. The total sand placed at the North Beach was 37,000 cubic yards.

A summary of the total construction cost is provided below:

Item Cost
Construction Administration and Management $75,400
Construction $1,952,010
Total Budgeted Amount $2,027,410
Council Options:
 Adopt Resolution No. 24-199 (Attachment 4), which would accept the completed construction work for the North Beach Emergency Sand Placement Project, Project No. 14901.  Adopt Resolution No. 24-199 with modifications.
 Continue the item with direction to provide additional information.

Environmental Review/Analysis
Acceptance and filing of a Notice of Completion is not a project pursuant to CEQA. The work undertaken was previously determined to be categorically exempt per State California Environmental Quality Act (CEQA) Guidelines, Section 15269.

Recommended Actions:

Staff recommends that the City Council adopt Resolution No. 24-199, which would:
..recommendation

1. Accept the North Beach Emergency Sand Placement Project, Project No. 14901, from GCI Construction, Inc.;

2. Authorize the Public Works Director/City Engineer to execute and record the Notice of Completion for the completed North Beach Emergency Sand Placement Project;

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, GCI Construction, Inc.; and 364
Meeting Date: December 10, 2024 Agenda Item: 11G.

CITY OF SAN CLEMENTE 3

4. Authorize the City Clerk to release the performance bond. ..end
Attachment:

1. Notice of Completion

2. Staff Report dated, June 18, 2024

3. Staff Report dated, September 17,2024

4. Resolution No. 24-199
Notification:

None.
365
Attachment 1
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: North Beach Emergency Sand Placement Project, Project No. 14901

2. Date of completion: October 31, 2024

3. Street address or legal description of the project site: North Beach, approximately 1,500 feet south of Avenida Estacion, San Clemente, CA 92672

4. Name of owner: City of San Clemente

5. Interest or estate of owner: Fee and Easement

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

7. Name and address of contractor: GCI Construction, Inc., 1031 Calle Recodo Suite D, San Clemente, CA, 92673
I am the Public Works Director/City Engineer for the City of San Clemente, a Municipal Corporation, the owner of the indicated interest or estate in the property described above.

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

Executed on __________________________ in San Clemente, California. ________________________________________
David Rebensdorf, Public Works Director/City Engineer
City of San Clemente
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
Meeting Date: June 18, 2024 Agenda Item: 10D
Submitted By: City Manager
Prepared By: Leslea Meyerhoff, Contract Coastal Administrator Subject:
..titl e

CONSIDERATION OF A RESOLUTION FINDING THAT AN EMERGENCY EXISTS DUE TO

SAND EROSION AND IMMEDIATE NEED OF SAND PLACEMENT AT NORTH BEACH, AWARDING A CONSTRUCTION CONTRACT TO 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 ..body Fiscal Impact:

The estimated total construction cost of the North Beach Emergency Sand Placement Project is $2,036,680. This expenditure will be funded through transfer of funds from existing projects as shown below, and a supplemental appropriation in the amount of $536,680 from the General Fund Unassigned Fund Balance. The following transfers are recommended to Account No. 001- 636-45300-000-14901 as follows:

Transfer From Project Name Amount ($)
001-636-45300-000-19907 Army Corps Sand Project $750,000 001-636-45300-000-14809 North Beach Concession Building $300,000 001-636-45300-000-14193 North Beach Playground $150,000 001-416-45710-000-22307 Avenida Victoria Sidewalk Widening $300,000 Total: $1,500,000
Summary:

The City is seeking qualified companies who can deliver 30,000 cubic yards of sand from the Santa Ana River to the City’s beaches and spread it out along a 1,500 foot length of beach from North Beach south towards Mariposa Point. To support this emergency project, on June 6, 2024, the City initially contacted and solicited bids from four companies for (1) trucking sand from the Santa Ana River stockpile site managed by OC Public Works in Costa Mesa to North Beach in San Clemente, and (2) spreading the sand on the beach once delivered. Prior to receiving any bids from these four contractors, the invitation to receiving bids was also extended and published on the PlanetBids.

Before the City Council is a resolution (Attachment 1) declaring that an emergency exists due to sand erosion and immediate need of sand placement on North Beach, awarding a construction contract to GCI Construction, Inc. in the amount of $1,726,000, and approving a 10% project contingency.
1 Attachment 2
367
Meeting Date: June 18, 2024 Agenda Item: 10D

CITY OF SAN CLEMENTE
Background:

In May 2024, the City Council authorized restarting the Sand Compatibility and Opportunistic Use Program (SCOUP) in the City under Resolution No. 24-93. Previously, from 2000-2016, the City had a SCOUP which allowed the placement of up to 300,000 cubic yards per year of sand, on four beaches in the City, with permits valid for a period of five-years. However, as City permits expired, the City is now in the process of re-establishing, and potentially expanding, the SCOUP obtaining environmental clearances and all required permits.

The City will utilize a previously permitted beach sand placement area that is 1,500 feet long, as shown on Attachment 3. Importantly, the southern 530 feet of this beach sand placement area is also located within OCTA’s shoreline Reinforcement Areas 1 and 2 (Attachment 4) and thus the sand placed by the City will also be of direct benefit to the railroad that traverses the entirety of the City. The railroad that runs through the City of San Clemente is a designated U.S.

Department of Defense (DOD) Strategic Defense Rail Corridor.

The City’s original SCOUP sites were North Beach, extending south 1,500 feet, Linda Lane Beach, extending a distance of 1,500 feet, T-Street Beach North, extending from the pier 1,000 feet south and T-Street Beach South, extending a distance of 1,200 feet south.

Development of a new SCOUP for San Clemente commenced in May 2024 as follows:
 Phase 1: Initiated in May 2024. Conduct an opportunities and constraints analysis to define the areas of the City where opportunistically available beach compatible sediment can be placed. Phase 1 is anticipated to be completed by the end of 2024.  Phase 2: Conduct environmental review and compliance tasks under the California Environmental Quality Act (CEQA) and possibly the National Environmental Policy Act (NEPA). Phase 2 would be completed within one year and would be initiated following completion on Phase 1 and direction from the City likely in FY 25/26.  Phase 3: Prepare applications and process regulatory approvals with U.S. Army Corps of Engineers (Regulatory Branch); California Coastal Commission; Regional Water Quality Control Board, California State Lands Commission, and the Southern California Regional Rail Authority. Phase 3 could be initiated and completed concurrently with Phase 2.

Preparation of permit applications and submittal to the applicable agencies would take a few months. Agency processing time is highly variable but typically ranges from nine to 12 months depending on the agency and agency staff workload.  Phase 4: SCOUP project implementation. Due to the current availability of free sand from the County of Orange and California State Parks, City staff is developing two SCOUP projects as follows: 30,000 cubic yards from the Santa Ana River in Summer 2024 and up to 45,000 cubic yards of sand from Huntington State Beach in Fall 2024. Both of these are interim projects that are being advanced through individual permit processes with the Coastal Commission, USACE, Southern California Regional Rail Authority and OC Public Works due to the availability of the beach quality sand being donated to the City by the County and State of California.
3682
Meeting Date: June 18, 2024 Agenda Item: 10D

CITY OF SAN CLEMENTE
On June 17, 2024, bids were opened and results are presented in the table below. Bids ranged from $1,726,000 to $3,130,000. The lowest responsive and responsible bidder, based on the Base Bid, is $1,576,000, of GCI Construction, Inc., of California with a total bid amount of $1,726,000. Based on the lowest bid, including the Alternate Bid Item, the total estimated project construction cost is $2,036,680, as summarized below:

Construction Administration and Management $ 138,080
Construction 1,726,000
Contingency 172,600
Total Estimated Construction Cost $ 2,036,680
The above construction cost, as part of the contractor’s contract, includes $150,000 allowance for the required railroad flagging and coordination with the Southern California Regional Rail Authority (SCRRA), and a bid alternate in the amount of $150,000 for potential shoring and protection of the existing Orange County bridge over the Segunda Deshecha Canada Channel (OCFCD Facility No. M02). A structural analysis and permit are required from the Orange County Public Works prior to utilizing the bridge to deliver sand.

As required by the City policy and state law, the Contractor will be required to provide performance and payment bonds simultaneously with execution of the construction contract (Attachment 2). Project plans and specifications are on file in the City Clerk’s office.

Discussion:

The City of San Clemente is experiencing critical erosion hot spots that have developed along the San Clemente shoreline at North Beach due to lack of sand supply and prevailing sediment deficit condition that exists in South Orange County. Due to the potential for further impacts in the absence of natural beach sand replenishment from creeks and stream channels, the City is unable to open the beach facilities in this location as they are currently being undermined by direct wave attack. It's unclear how long these facilities will be able to withstand direct wave attack from lack of sand on the public beach.

According to the City’s Chief of Marine Safety, emergency response to beach incidents is now significantly impacted due at North Beach due to the critical coastal erosion caused by a lack of sand. At present, emergency response vehicles cannot access North Beach at high tide. A secondary route used to exist via the Coastal Trail but that is now temporarily closed due to a landslide which forced removal of bridge sand/segments that provided public coastal access as well as an emergency response path to North Beach at high tide.

The loss of sand at North Beach now prevents emergency vehicles from accessing the North Beach area in case of emergencies. The lack of access poses a serious risk to the safety and well-being of residents and highlights the urgent need for this solution to address this ongoing issue which is sand replenishment as planned by the City.

In the week of May 13, 2024, the cement staircase leading to the North Beach substation was lost due to ongoing sand erosion. This loss is just one example of the impact of the disappearing sand on City beaches. In response to this issue, one of the lifeguard towers at North Beach had to be relocated. Additionally, the beach staircases at Diji Court and El Portal to the south have been 3693
Meeting Date: June 18, 2024 Agenda Item: 10D

CITY OF SAN CLEMENTE
deemed unsafe for public use due to the lack of sand. The erosion has also caused some fire rings to be swept away, while others have been removed entirely to prevent them from being washed away. The City used to have two sand volleyball courts at North Beach that have been removed due to sand loss.

Currently, the playground swing sets, concrete picnic tables, and the remaining City lifeguard tower are at risk of being lost as well unless the City can conduct an emergency sand placement operation using sand donated by the County of Orange and California State Parks. It is crucial that the City be able to address this issue in a timely manner to ensure the safety and preservation of City beaches and public recreational amenities enjoyed by residents and visitors.

The City is closely monitoring the situation and continues to inspect the damage and protect existing critical public infrastructures, facilities, and recreational beach amenities at North Beach.

The City has attempted to manually push sand into the area in front of North Beach facilities to protect them from further undermining and wave attack but supplemental sand sources are now needed at North Beach.

Beach erosion has already closed the coastal trail just south of this location and emergency action is needed to protect this public beach area which sits immediately seaward of the OCTA/Metrolink Train Station, train tracks and related public parking lot.

Beach erosion has reached critical mass where an emergency response in the form of affirmative beach sand replenishment is planned by the City. Implementation of this emergency sand placement project will protect critical public infrastructure, existing structures, improve / restore coastal access and recreational opportunities, and provide protection for the railroad infrastructure inland of North Beach.

Based on emergency conditions that exist along the City shoreline where there is no dry sandy beach at high tide, exposing the public beach, existing structures and critical public infrastructure and facilities to direct wave attack, City staff moved with urgency to locate and deliver sand to the City to abate the emergency conditions caused by a lack of sand supply.

On May 2, 2024, the City requested a Coastal Development Permit (CDP) Waiver (CDP 05-24- 0371) scheduled for the June 14, 2024 California Coastal Commission hearing that contemplates the placement of up to 50,000 CY of sand from the County. The placement of this material ahead of the restart of the City’s formal SCOUP program will lessen the sediment deficit and could reduce the amount of sand that may need to be imported later to fulfill the sand needs of the City.

The City is also seeking concurrence under USACE Regional General Permit (RGP) 63 for the emergency placement of sand and is also obtaining approvals from San Diego Regional Rail Authority (Metrolink) for a right of way encroachment permit for the railroad crossing and for work within the railroad right of way and lastly an encroachment permit is needed from OC Public Works to cross the stormwater outlet structure at the north end of North Beach.

SCOUP is an important coastal resiliency tool that facilitates placement of opportunistically available beach quality sediments on the City’s beaches. Having a fully developed SCOUP within the next few years will enable the City to optimize beach placement of opportunistically available 3704
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CITY OF SAN CLEMENTE
and compatible sediments by completing all environmental and permitting tasks up front, at a programmatic level rather than on a project-by-project basis (as is being done now for these emergency projects) saving the City both time and money.

Council Options:
 Adopt Resolution No. 24-93, declaring that an emergency exists due to sand erosion and immediate need of sand placement at North Beach, awarding the North Beach Emergency Sand Placement Project construction contract to GCI Construction, Inc., authorizing the City Manager to execute the construction contract in an amount of not to exceed $1,726,000 with a 10% project contingency, approving various fund transfers and finding the project categorically exempt from the California Environmental Quality Act per Guidelines Section 15269.  Modify and adopt Resolution No. 24-93.
 Provide alternative direction.

Environmental Review/Analysis:

The proposed project is an emergency project and is statutorily exempt per State California Environmental Quality Act Guidelines Section 15269.

Recommended Actions:

Staff Recommendation
Staff recommends that the City Council adopt Resolution No. 24-93, which would:

1. Declare that an emergency exists due to sand erosion and immediate need of sand placement at North Beach;

2. Find the project categorically exempt from the California Environmental Quality Act under state CEQA Guidelines Section 15269;

3. Approve 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:

Transfer From Project Name Amount ($)
001-636-45300-000-19907 Army Corps Sand Project $750,000 001-636-45300-000-14809 North Beach Concession Building $300,000 001-636-45300-000-14193 North Beach Playground $150,000 001-416-45710-000-22307 Avenida Victoria Sidewalk Widening $300,000 Total: $1,500,000

5. Award the North Beach Emergency Sand Placement, Project No. 14901, contract to GCI Construction, Inc.;
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CITY OF SAN CLEMENTE

6. Authorize the City Manager to execute a construction contract with GCI Construction, Inc. in an amount of not to exceed $1,726,000, in a form substantially similar to attached construction contract (Attachment 2) for the North Beach Emergency Sand Placement, Project No. 14901; and

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

1. Resolution No. 24-93

2. Draft Construction Contract

3. Site Plan showing limits of sand placement

4. OCTA’s shoreline Reinforcement Areas 1 and 2
Notification:

All bidders.
3726
ATTACHMENT 1
4882-9904-3949 v1
RESOLUTION NO. 24-93

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF SAN CLEMENTE, CALIFORNIA, FINDING THAT AN

EMERGENCY EXISTS DUE TO SAND EROSION,

AWARDING A CONSTRUCTION CONTRACT TO GCI
CONSTRUCTION, INC. FOR THE NORTH BEACH

EMERGENCY SAND PLACEMENT PROJECT,
PROJECT NO. 14901, AUTHORIZING THE CITY

MANAGER TO EXECUTE THE AGREEMENT IN AN
AMOUNT NOT TO EXCEED $1,726,000, APPROVING

SUPPLEMENTAL APPROPRIATION AND FUND

TRANSFERS TO THE PROJECT ACCOUNT, AND

FINDING THE PROJECT CATEGORICALLY EXEMPT

FROM THE CALIFORNIA ENVIRONMENTAL QUALITY

ACT UNDER STATE CEQA GUIDELINES SECTION
15269
WHEREAS, the City is currently experiencing critical erosion hot spots along the shoreline at North Beach due to lack of sand supply and deficient prevailing sedimentation; and
WHEREAS, due to the potential for further impacts in the absence of natural beach sand replenishment from creeks and stream channels, the City is unable to open the beach facilities at this location as they are currently being undermined by direct wave impacts; and
WHEREAS, the City is actively developing a comprehensive, citywide coastal resiliency strategy using beach sand replenishment and sand retention as the primary means of restoring the sandy beach in the City; and WHEREAS, in February 2024, the City Council directed staff to take all steps necessary to re-establish a Sand Compatibility and Opportunistic Use Program (SCOUP) in the City and a contractor was retained by the City in May 2024 to assist with formally re-establishing SCOUP; and
WHEREAS, the emergency response to beach incidents are now significantly impacted at North Beach due to the coastal erosion. At present, emergency response vehicles cannot access North Beach at high tide while the secondary path via the Coastal Trail is temporary closed due to a recent landslide that resulted in the removal of bridge segments, which constitutes a public health and safety concern; and
WHEREAS, SCOUP is consistent with federal, statewide, regional, and local shoreline management goals that recognize the importance of public beach 3737
Resolution No. 24-93 Page 2
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restoration along the South Orange County shoreline as the preferred method of addressing the critical coastal erosion problems caused by an overall lack of sediment supply; and
WHEREAS, in the absence of a SCOUP program, continued erosion and loss of the sandy beach is expected to occur; and
WHEREAS, due to these emergency conditions in San Clemente, staff is planning to implement an emergency SCOUP project at North Beach in the amount of 30,000 cubic yards of sand made available by the County of Orange for beach placement in the City beginning in July 2024; and
WHEREAS, sand is currently available from the Santa Ana River which has been cleaned, sorted, stockpiled and prepared for spreading along the North Beach coastline; and
WHEREAS, City staff issued an Invitation to Bid to both local and nonlocal contractors and published the notice on Planetbids for sand delivery and placement services to obtain cost effective and competitive bids from qualified, experienced firms to deliver and spread the sand from the Santa Ana River at North Beach; and
WHEREAS, GCI Construction, Inc. submitted the lowest cost, responsive and responsible bid for delivery and spreading of the opportunistically available Santa Ana River sand on North Beach; and
WHEREAS, entry into an agreement to implement an emergency SCOUP project in the City as soon as possible is in the bests interests of the City and the public.

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

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

SECTION 2. That an emergency exists due to sand erosion and an immediate need for sand placement at North Beach.

SECTION 3. That based on a review of the record as a whole, the project is hereby determined to be statutorily exempt from the California Environmental Quality Act (CEQA) under Emergency Projects (i.e., Emergency Projects - 18 CCR §15269), Section 15269 of the State CEQA Guidelines.

SECTION 4. That a supplemental appropriation in the amount of $536,680 3748
Resolution No. 24-93 Page 3
4882-9904-3949 v1
to the project Account No. 001-636-45300-000-14901 from the General Fund Unassigned Fund Balance is approved.

SECTION 5. That available funds shall be allocated to support project implementation from account number 001-636-45300-000-14901 with transfers from the accounts shown below.

Transfer From Project Name Amount ($)
001-636-45300-000-19907 Army Corps Sand Project $750,000 001-636-45300-000-14809 North Beach Concession
Building
$300,000
001-636-45300-000-14193 North Beach Playground $150,000 001-416-45710-000-22307 Avenida Victoria Sidewalk
Widening
$300,000
Total: $1,500,000
SECTION 6. That the City Manager is hereby authorized and directed to execute a construction contract for the North Beach Emergency Sand Placement Project, CIP Project No. 14901, with GCI Construction, Inc. in an amount not to exceed $1,726,000.

SECTION 7. That a 10% construction contingency of $172,600 for this project is hereby approved.

SECTION 8. That the City Manager is hereby authorized and directed to execute such documents and take such other and further actions as are necessary and proper to accomplish the purposes of this resolution.

SECTION 9. 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
3759
Resolution No. 24-93 Page 4
4882-9904-3949 v1

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 24-93 was adopted at a regular meeting of the City Council of the City of San Clemente held on the _______ day of _______________________, _________, by the following vote:

AYES:

NOES:

ABSENT:

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

CITY OF SAN CLEMENTE

CONSTRUCTION CONTRACT

NORTH BEACH EMERGENCY SAND PLACEMENT PROJECT

1. PARTIES AND DATE.

This Contract is made and entered into this _____ day of ________, 2024 by and between the City of San Clemente, a public agency of the State of California (“City”) and ______________________, a _____________ with its principal place of business at ____________ (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Contract.

2. RECITALS.

2.1 City. City is a public agency organized under the laws of the State of California, with power to contract for services necessary to achieve its purpose.

2.2 Contractor. Contractor desires to perform and assume responsibility for the provision of certain construction services required by the City on the terms and conditions set forth in this Contract. Contractor represents that it is duly licensed and experienced in providing material hauling and grading related construction services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the services in the State of California, and that it is familiar with the plans of City. The following license classifications are required for this Project: California Contractor License “A”

2.3 Project. City desires to engage Contractor to render such services for the North Beach Emergency Sand Placement Project (“Project”) as set forth in this Contract.

2.4 Project Documents & Certifications. Contractor has obtained, and delivers concurrently herewith, a performance bond, a payment bond, and all insurance documentation, as required by the Contract.

3. TERMS

3.1 Incorporation of Documents. This Contract includes and hereby incorporates in full by reference the following documents, including all exhibits, drawings, specifications and documents therein, and attachments and addenda thereto:
 Services/Schedule (Exhibit “A”)
 Plans and Specifications (Exhibit “B”)
 Special Conditions (Exhibit “C”)
 Contractor’s Certificate Regarding Workers’ Compensation (Exhibit “D”)  Public Works Contractor Registration Certification (Exhibit “E”)  Payment and Performance Bonds (Exhibit “F”)
 Federal Requirements (Exhibit “G”)
 Insurance Requirements (Exhibit “H)
 Addenda
 Change Orders executed by the City
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2  2024 Edition of the Standard Specifications for Public Works Construction (The Greenbook), Excluding Sections 1-8
 Notice Inviting Bids, if any
 Instructions to Bidders, if any
 Contractor’s Bid

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

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

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

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

The City has the complete and sole discretion to determine if a material, process or article is an “or equal” material, process or article that may be substituted. Data required to substantiate requests for substitutions of an “or equal” material, process or article data shall 37812
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3 include a signed affidavit from Contractor stating that, and describing how, the substituted “or equal” material, process or article is equivalent to that specified in every way except as listed on the affidavit. Substantiating data shall include any and all illustrations, specifications, and other relevant data including catalog information which describes the requested substituted “or equal” material, process or article, and substantiates that it is an “or equal” to the material, process or article. The substantiating data must also include information regarding the durability and lifecycle cost of the requested substituted “or equal” material, process or article. Failure to submit all the required substantiating data, including the signed affidavit, to the City in a timely fashion will result in the rejection of the proposed substitution.

Contractor shall bear all of the City’s costs associated with the review of substitution requests. Contractor shall be responsible for all costs related to a substituted “or equal” material, process or article. Contractor is directed to the Special Conditions (if any) to review any findings made pursuant to Public Contract Code section 3400.

3.3 Period of Performance.

3.3.1 Contract Time. Contractor shall perform and complete all Work under this Contract within ninety (90) working days, beginning the effective date of the Notice to Proceed (“Contract Time”). Contractor shall perform its Work in strict accordance with any completion schedule, construction schedule or project milestones developed by the City. Such schedules or milestones may be included as part of Exhibits “A” or “B” attached hereto, or may be provided separately in writing to Contractor. Contractor agrees that if such Work is not completed within the aforementioned Contract Time and/or pursuant to any such completion schedule, construction schedule or project milestones developed pursuant to provisions of the Contract, it is understood, acknowledged and agreed that the City will suffer damage.

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

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

3.4 Standard of Performance; Performance of Employees. Contractor shall perform all Work under this Contract in a skillful and workmanlike manner, and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Work. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Work assigned to them. Finally, Contractor 37913
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4 represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Work, including any required business license, and that such licenses and approvals shall be maintained throughout the term of this Contract. As provided for in the indemnification provisions of this Contract, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any work necessary to correct errors or omissions which are caused by Contractor’s failure to comply with the standard of care provided for herein. Any employee who is determined by the City to be uncooperative, incompetent, a threat to the safety of persons or the Work, or any employee who fails or refuses to perform the Work in a manner acceptable to the City, shall be promptly removed from the Project by Contractor and shall not be re-employed on the Work.

3.5 Control and Payment of Subordinates; Contractual Relationship. City retains Contractor on an independent contractor basis and Contractor is not an employee of City. Any additional personnel performing the work governed by this Contract on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Contract and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance.

3.6 City’s Basic Obligation. City agrees to engage and does hereby engage Contractor as an independent contractor to furnish all materials and to perform all Work according to the terms and conditions herein contained for the sum set forth above. Except as otherwise provided in the Contract, the City shall pay to Contractor, as full consideration for the satisfactory performance by Contractor of the services and obligations required by this Contract, the belowreferenced compensation in accordance with compensation provisions set forth in the Contract.

3.7 Compensation and Payment.

3.7.1 Amount of Compensation. As consideration for performance of the Work required herein, City agrees to pay Contractor the Total Contract Price of _________________ Dollars ($_________.00) (“Total Contract Price”) provided that such amount shall be subject to adjustment pursuant to the applicable terms of this Contract or written change orders approved and signed in advance by the City.

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

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

3.7.3 Prompt Payment. City shall review and pay all progress payment requests in accordance with the provisions set forth in Section 20104.50 of the California Public Contract 38014
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5 Code. However, no progress payments will be made for Work not completed in accordance with this Contract. Contractor shall comply with all applicable laws, rules and regulations relating to the proper payment of its employees, subcontractors, suppliers or others.

3.7.4 Contract Retentions. From each approved progress estimate, five percent (5%) will be deducted and retained by the City, and the remainder will be paid to Contractor. All Contract retention shall be released and paid to Contractor and subcontractors pursuant to California Public Contract Code Section 7107.

3.7.5 Other Retentions. In addition to Contract retentions, the City may deduct from each progress payment an amount necessary to protect City from loss because of: (1) liquidated damages which have accrued as of the date of the application for payment; (2) any sums expended by the City in performing any of Contractor’s obligations under the Contract which Contractor has failed to perform or has performed inadequately; (3) defective Work not remedied; (4) stop notices as allowed by state law; (5) reasonable doubt that the Work can be completed for the unpaid balance of the Total Contract Price or within the scheduled completion date; (6) unsatisfactory prosecution of the Work by Contractor; (7) unauthorized deviations from the Contract; (8) failure of Contractor to maintain or submit on a timely basis proper and sufficient documentation as required by the Contract or by City during the prosecution of the Work; (9) erroneous or false estimates by Contractor of the value of the Work performed; (10) any sums representing expenses, losses, or damages as determined by the City, incurred by the City for which Contractor is liable under the Contract; and (11) any other sums which the City is entitled to recover from Contractor under the terms of the Contract or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the City to deduct any of these sums from a progress payment shall not constitute a waiver of the City’s right to such sums.

3.7.6 Substitutions for Contract Retentions. In accordance with California Public Contract Code Section 22300, the City will permit the substitution of securities for any monies withheld by the City to ensure performance under the Contract. At the request and expense of Contractor, securities equivalent to the amount withheld shall be deposited with the City, or with a state or federally chartered bank in California as the escrow agent, and thereafter the City shall then pay such monies to Contractor as they come due. Upon satisfactory completion of the Contract, the securities shall be returned to Contractor. For purposes of this Section and Section 22300 of the Public Contract Code, the term “satisfactory completion of the contract” shall mean the time the City has issued written final acceptance of the Work and filed a Notice of Completion as required by law and provisions of this Contract. Contractor shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon. The escrow agreement used for the purposes of this Section shall be in the form provided by the City.

3.7.7 Title to Work. As security for partial, progress, or other payments, title to Work for which such payments are made shall pass to the City at the time of payment. To the extent that title has not previously been vested in the City by reason of payments, full title shall pass to the City at delivery of the Work at the destination and time specified in this Contract. Such transferred title shall in each case be good, free and clear from any and all security interests, liens, or other encumbrances. Contractor promises and agrees that it will not pledge, hypothecate, or otherwise encumber the items in any manner that would result in any lien, security interest, charge, or claim upon or against said items. Such transfer of title shall not imply acceptance by the City, nor relieve Contractor from the responsibility to strictly comply with the Contract, and shall not relieve Contractor of responsibility for any loss of or damage to items. 38115
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6 3.7.8 Labor and Material Releases. Contractor shall furnish City with labor and material releases from all subcontractors performing work on, or furnishing materials for, the Work governed by this Contract prior to final payment by City.

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

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

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

3.7.12 Payroll Records. Contractor and each subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. The payroll records shall be certified and shall be available for inspection at all reasonable hours at the principal office of Contractor in the manner provided in Labor Code section 1776. In the event of noncompliance with the requirements of this section, Contractor shall have 10 days in which to comply subsequent to receipt of written notice specifying in what respects such Contractor must comply with this section. Should noncompliance still be evident after such 10-day period, Contractor shall, as a penalty to City, forfeit not more than $100.00 for each calendar day or portion thereof, for each worker, until strict compliance is effectuated. The amount of the forfeiture is to be determined by the Labor Commissioner. A contractor who is found to have violated the provisions of law regarding wages on Public Works with the intent to defraud shall be ineligible to bid on Public Works contracts for a period of one to three years as 38216
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7 determined by the Labor Commissioner. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payments then due. The responsibility for compliance with this section is on Contractor.

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

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

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

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

3.8 Performance of Work; Jobsite Obligations.

3.8.1 Water Quality Management and Compliance.

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

3.8.1.2 Compliance with the Statewide Construction General Permit. Contractor shall comply with all conditions of the most recent iteration of the National Pollutant Discharge Elimination System General Permit for Storm Water Discharges Associated with Construction Activity, issued by the California State Water Resources Control Board (“Permit”). It shall be Contractor’s sole responsibility to file a Notice of Intent and procure coverage under the Permit for all construction activity which results in the disturbance of more than one 38317
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8 acre of total land area or which is part of a larger common area of development or sale. Prior to initiating work, Contractor shall be solely responsible for preparing and implementing a Storm Water Pollution Prevention Plan (SWPPP) as required by the Permit. Contractor shall be responsible for procuring, implementing and complying with the provisions of the Permit and the SWPPP, including the standard provisions, and monitoring and reporting requirements as required by the Permit. The Permit requires the SWPPP to be a “living document” that changes as necessary to meet the conditions and requirements of the job site as it progresses through difference phases of construction and is subject to different weather conditions. It shall be Contractor’s sole responsibility to update the SWPPP as necessary to address conditions at the project site.

3.8.1.3 Other Water Quality Rules Regulations and Policies.

Contractor shall comply with the lawful requirements of any applicable municipality, drainage City, or local agency regarding discharges of storm water to separate storm drain systems or other watercourses under their jurisdiction, including applicable requirements in municipal storm water management programs.

3.8.1.4 Cost of Compliance. Storm, surface, nuisance, or other waters may be encountered at various times during construction of The Work. Therefore, the Contractor, by submitting a Bid, hereby acknowledges that it has investigated the risk arising from such waters, has prepared its Bid accordingly, and assumes any and all risks and liabilities arising therefrom.

3.8.1.5 Liability for Non-Compliance. Failure to comply with the Permit is a violation of federal and state law. Pursuant to the indemnification provisions of this Contract, Contractor hereby agrees to defend, indemnify and hold harmless the City and its officials, officers, employees, volunteers and agents for any alleged violations. In addition, City may seek damages from Contractor for any delay in completing the Work in accordance with the Contract, if such delay is caused by or related to Contractor’s failure to comply with the Permit.

3.8.1.6 Reservation of Right to Defend. City reserves the right to defend any enforcement action brought against the City for Contractor’s failure to comply with the Permit or any other relevant water quality law, regulation, or policy. Pursuant to the indemnification provisions of this Contract, Contractor hereby agrees to be bound by, and to reimburse the City for the costs (including the City’s attorney’s fees) associated with, any settlement reached between the City and the relevant enforcement entity.

3.8.1.7 Training. In addition to the standard of performance requirements set forth in paragraph 3.4, Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Work assigned to them without impacting water quality in violation of the laws, regulations and policies described in paragraph 3.8.1. Contractor further warrants that it, its employees and subcontractors will receive adequate training, as determined by City, regarding the requirements of the laws, regulations and policies described in paragraph 3.8.1 as they may relate to the Work provided under this Agreement. Upon request, City will provide the Contractor with a list of training programs that meet the requirements of this paragraph.

3.8.2 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. Contractor shall comply with the requirements of the specifications relating to safety measures applicable in particular operations or kinds of work. In carrying out its Work, Contractor shall at all times be in compliance with all applicable local, state 38418
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9 and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the Work and the conditions under which the Work is to be performed. Safety precautions as applicable shall include, but shall not be limited to, adequate life protection and lifesaving equipment; adequate illumination for underground and night operations; instructions in accident prevention for all employees, such as machinery guards, safe walkways, scaffolds, ladders, bridges, gang planks, confined space procedures, trenching and shoring, fall protection and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and adequate facilities for the proper inspection and maintenance of all safety measures. Furthermore, Contractor shall prominently display the names and telephone numbers of at least two medical doctors practicing in the vicinity of the Project, as well as the telephone number of the local ambulance service, adjacent to all telephones at the Project site.

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

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

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

3.8.6 Hazardous Materials and Differing Conditions. As required by California Public Contract Code Section 7104, if this Contract involves digging trenches or other excavations that extend deeper than four (4) feet below the surface, Contractor shall promptly, and prior to disturbance of any conditions, notify City of: (1) any material discovered in excavation that Contractor believes to be a hazardous waste that is required to be removed to a Class I, Class II 38519
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10 or Class III disposal site; (2) subsurface or latent physical conditions at the site differing from those indicated by City; and (3) unknown physical conditions of an unusual nature at the site, significantly different from those ordinarily encountered in such contract work. Upon notification, City shall promptly investigate the conditions to determine whether a change order is appropriate.

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

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

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

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

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

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

3.10 Claims; Government Code Claim Compliance.

3.10.1 Intent. Effective January 1, 1991, Section 20104 et seq., of the California Public Contract Code prescribes a process utilizing informal conferences, non-binding judicial supervised mediation, and judicial arbitration to resolve disputes on construction claims of $375,000 or less. Effective January 1, 2017, Section 9204 of the Public Contract Code prescribes a process for negotiation and mediation to resolve disputes on construction claims. The intent of this Section is to implement Sections 20104 et seq. and Section 9204 of the California Public Contract Code. This Section shall be construed to be consistent with said statutes. 38620
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11 3.10.2 Claims. For purposes of this Section, “Claim” means a separate demand by the Contractor, after a change order duly requested in accordance with the terms of this Contract has been denied by the City, for (A) a time extension, (B) payment of money or damages arising from Work done by or on behalf of the Contractor pursuant to the Contract, or (C) an amount the payment of which is disputed by the City. A “Claim” does not include any demand for payment for which the Contractor has failed to provide notice, request a change order, or otherwise failed to follow any procedures contained in the Contract Documents. Claims governed by this Section may not be filed unless and until the Contractor completes all procedures for giving notice of delay or change and for the requesting of a time extension or change order, including but not necessarily limited to the change order procedures contained herein, and Contractor’s request for a change has been denied in whole or in part. Claims governed by this Section must be filed no later than fourteen (14) days after a request for change has been denied in whole or in part or after any other event giving rise to the Claim. The Claim shall be submitted in writing to the City and shall include on its first page the following in 16 point capital font: “THIS IS A CLAIM.” Furthermore, the claim shall include the documents necessary to substantiate the claim. Nothing in this Section is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims, including all requirements pertaining to compensation or payment for extra Work, disputed Work, and/or changed conditions. Failure to follow such contractual requirements shall bar any claims or subsequent lawsuits for compensation or payment thereon.

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

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

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

3.10.3.3 Chronology of events and correspondence

3.10.3.4 Analysis of claim merit

3.10.3.5 Analysis of claim cost

3.10.3.6 Time impact analysis in CPM format

3.10.3.7 If Contractor’s claim is based in whole or in part on an allegation of errors or omissions in the Drawings or Specifications for the Project, Contractor shall provide a summary of the percentage of the claim subject to design errors or omissions and shall obtain a certificate of merit in support of the claim of design errors and omissions. 38721
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12 3.10.3.8 Cover letter and certification of validity of the claim, including any claims from subcontractors of any tier, in accordance with Government Code section 12650 et seq.

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

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

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

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

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

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

3.10.6.1 If the Parties cannot agree upon a mediator, each Party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each Party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. 38822
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13 3.10.6.2 For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the Parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.

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

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

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

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

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

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

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

3.10.9 Government Code Claims. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such 38923
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14 Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City. A Government Code claim must be filed no earlier than the date the work is completed or the date the Contractor last performs work on the Project, whichever occurs first. A Government Code claim shall be inclusive of all unresolved claims unless a new unrelated claim arises after the Government Code claim is submitted.

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

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

3.12 Indemnification.

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

3.12.2 Additional Indemnity Obligations. In addition, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its officials, employees, agents and authorized volunteers as part of any such claim, suit, action or other proceeding. Contractor shall also reimburse City for the cost of any settlement paid by City or its officials, employees, agents and authorized volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City's attorney's fees and costs, including expert witness fees. Contractor shall reimburse City and its officials, employees, agents and authorized volunteers, for any and all legal expenses and costs incurred by each of them in 39024
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15 connection therewith or in enforcing the indemnity herein provided. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its officials, employees, agents and authorized volunteers.

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

3.14 Bond Requirements.

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

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

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

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

3.15 Warranty. Contractor warrants all Work under the Contract (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the Work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Contract or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the Work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the Work or non-conformance of the Work to the Contract, 39125
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16 commence and prosecute with due diligence all Work necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the Work (or work of other contractors) damaged by its defective Work or which becomes damaged in the course of repairing or replacing defective Work. For any Work so corrected, Contractor’s obligation hereunder to correct defective Work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected Work.

Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the Work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Contract, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming Work and any work damaged by such work or the replacement or correction thereof at Contractor’s sole expense.

Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.

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

3.16 Employee/Labor Certifications.

3.16.1 Contractor’s Labor Certification. By its signature hereunder, Contractor certifies that he is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker’s Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Work. A certification form for this purpose, which is attached to this Contract as Exhibit “D” and incorporated herein by reference, shall be executed simultaneously with this Contract.

3.16.2 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

3.16.3 Verification of Employment Eligibility. By executing this Contract, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subcontractors and sub-subcontractors to comply with the same.

3.17 General Provisions.
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17 3.17.1 City’s Representative. The City hereby designates the General Manager, or his or her designee, to act as its representative for the performance of this Contract (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Contract. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.

3.17.2 Contractor’s Representative. Before starting the Work, Contractor shall submit in writing the name, qualifications and experience of its proposed representative who shall be subject to the review and approval of the City (“′Contractor’s Representative”). Following approval by the City, Contractor’s Representative shall have full authority to represent and act on behalf of Contractor for all purposes under this Contract. Contractor’s Representative shall supervise and direct the Work, using his best skill and attention, and shall be responsible for all construction means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Work under this Contract. Contractor’s Representative shall devote full time to the Project and either he or his designee, who shall be acceptable to the City, shall be present at the Work site at all times that any Work is in progress and at any time that any employee or subcontractor of Contractor is present at the Work site. Arrangements for responsible supervision, acceptable to the City, shall be made for emergency Work which may be required. Should Contractor desire to change its Contractor’s Representative, Contractor shall provide the information specified above and obtain the City’s written approval.

3.17.3 Termination. This Contract may be terminated by City at any time, either with our without cause, by giving Contractor three (3) days advance written notice. In the event of termination by City for any reason other than the fault of Contractor, City shall pay Contractor for all Work performed up to that time as provided herein. In the event of breach of the Contract by Contractor, City may terminate the Contract immediately without notice, may reduce payment to Contractor in the amount necessary to offset City’s resulting damages, and may pursue any other available recourse against Contractor. Contractor may not terminate this Contract except for cause. In the event this Contract is terminated in whole or in part as provided, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. Further, if this Contract is terminated as provided, City may require Contractor to provide all finished or unfinished documents, data, diagrams, drawings, materials or other matter prepared or built by Contractor in connection with its performance of this Contract.

3.17.4 Contract Interpretation. Should any question arise regarding the meaning or import of any of the provisions of this Contract or written or oral instructions from City, the matter shall be referred to City’s Representative, whose decision shall be binding upon Contractor.

3.17.5 Anti-Trust Claims. This provision shall be operative if this Contract is applicable to California Public Contract Code Section 7103.5. In entering into this Contract to supply goods, services or materials, Contractor hereby offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700, of Part 2 of Division 7 of the Business and Professions Code) arising from purchases of goods, services, or materials pursuant to the Contract. This assignment shall be made and become effective at the time the City tender final payment to Contractor, without further acknowledgment by the Parties.

3.17.6 Notices. All notices hereunder and communications regarding interpretation of the terms of the Contract or changes thereto shall be provided by the mailing 39327
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18 thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows:

CONTRACTOR:
[***INSERT CONTRACTOR NAME AND ADDRESS***]
Attn: [***INSERT CONTRACTOR REP. NAME AND TITLE***]
CITY:

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

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

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

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

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

3.17.11 Counterparts/Electronic Signature. This Contract may be executed in counterparts, each of which shall constitute an original. This Contract may be executed electronically with the same force and effect as an original ink signature. Bonds, if required, must be signed with original ink signatures and accompanied by notary acknowledgments.

3.17.12 Successors. The Parties do for themselves, their heirs, executors, administrators, successors, and assigns agree to the full performance of all of the provisions contained in this Contract.

3.17.13 [Reserved]

3.17.14 Solicitation. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Contract. Further, Contractor warrants that it has not paid 39428
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19 nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, City shall have the right to terminate this Contract without liability.

3.17.15 Conflict of Interest. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Contract, no official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Contract, or obtain any present or anticipated material benefit arising therefrom. In addition, Contractor agrees to file, or to cause its employees or subcontractors to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Work.

3.17.16 Certification of License.

3.17.16.1 Contractor certifies that as of the date of execution of this Contract, Contractor has a current contractor’s license of the classification indicated below under Contractor’s signature.

3.17.16.2 Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four (4) years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors’ State License Board, P.O.

Box 26000, Sacramento, California 95826.

3.17.17 Authority to Enter Contract. Each Party warrants that the individuals who have signed this Contract have the legal power, right and authority to make this Contract and bind each respective Party.

3.17.18 Entire Contract; Modification. This Contract contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Contract may only be modified by a writing signed by both Parties.

3.17.19 Non-Waiver. None of the provisions of this Agreement shall be considered waived by either party, unless such waiver is specifically specified in writing.

3.17.20 City’s Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project or other projects.

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

CITY OF SAN CLEMENTE
By:____________________________
Andy Hall, City Manager
ATTEST: Dated: _______________, 20____
_____________________________
CITY CLERK of the City of
San Clemente, California
APPROVED AS TO FORM:
_____________________________
Elizabeth A. Mitchell, City Attorney

APPROVED AS TO AVAILABILITY
OF FUNDING:
_____________________________
Finance Authorization

__________________________
(“CONTRACTOR”)

By:_____________________________
(Name, Title)
Dated: __________________, 20____

By:_____________________________
(Name, Title)
Dated: __________________, 20____
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21 EXHIBIT “A”

SERVICES / SCHEDULE
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EXHIBIT “B”

PLANS AND SPECIFICATIONS
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EXHIBIT “C”

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

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

WORKERS COMPENSATION INSURANCE CERTIFICATION

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

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

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

WARNING: FAILURE TO SECURE WORKERS’ COMPENSATION COVERAGE IS

UNLAWFUL, AND SHALL SUBJECT AN EMPLOYER TO CRIMINAL PENALTIES AND CIVIL FINES UP TO ONE HUNDRED THOUSAND DOLLARS ($100,000), IN

ADDITION TO THE COST OF COMPENSATION, DAMAGES AS PROVIDED FOR IN SECTION 3706 OF THE LABOR CODE, INTEREST, AND ATTORNEY’S FEES. 34 n
n
C
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Dated: ________________________, 20____
________________________________
Consultant
By: ________________________________
________________________________
Title
________________________________
Address
________________________________
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EXHIBIT “E”

PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION
Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. See http://www.dir.ca.gov/PublicWorks/PublicWorks.html for additional information.

No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work.

Contractor hereby certifies that it is aware of the registration requirements set forth in Labor Code sections 1725.5 and 1771.1 and is currently registered as a contractor with the Department of Industrial Relations.1
Name of Contractor:

DIR Registration Number:

DIR Registration Expiration:_________________________
Small Project Exemption: _____ Yes or _____ No
Unless Contractor is exempt pursuant to the small project exemption, Contractor further acknowledges:
 Contractor shall maintain a current DIR registration for the duration of the project.  Contractor shall include the requirements of Labor Code sections 1725.5 and 1771.1 in its contract with subcontractors and ensure that all subcontractors are registered at the time of bid opening and maintain registration status for the duration of the project.  Failure to submit this form or comply with any of the above requirements may result in a finding that the bid is non-responsive.

Name of Contractor
Signature
Name and Title
Dated

1 If the Project is exempt from the contractor registration requirements pursuant to the small project exemption under Labor Code Sections 1725.5 and 1771.1, please mark “Yes” in response to “Small Project Exemption.”
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EXHIBIT “F”

PAYMENT AND PERFORMANCE BONDS
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PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:

THAT WHEREAS, the City of San Clemente (hereinafter referred to as “City”) has awarded to ____________________, (hereinafter referred to as the “Contractor”) _______________________ an agreement for ______________________________ (hereinafter referred to as the “Project”).

WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated ________________, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and
WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents.

NOW, THEREFORE, we, _______________, the undersigned Contractor and _____________________________________________ as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of ___________________________ DOLLARS, ($____________), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one-year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its officers and agents, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship, Surety shall undertake and faithfully fulfill all such obligations. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City’s rights or the Contractor or Surety’s obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure section 337.15.

Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City’s option:
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(1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or
(2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.
(3) Permit the City to complete the Project in any manner consistent with local, California and federal law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.

Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.

Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City’s objection to Contractor’s further participation in the completion of the Project.

The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project, including but not limited to the provisions of sections 2819 and 2845 of the California Civil Code.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__).
(Corporate Seal)
Contractor/ Principal
By
Title
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(Corporate Seal) Surety
By
Attorney-in-Fact
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached.
(Attach Attorney-in-Fact Certificate) Title
The rate of premium on this bond is ____________ per thousand. The total amount of premium charges, $_______________________________.
(The above must be filled in by corporate attorney.)

THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety) ___________________________________________ ___________________________________________
___________________________________________
(Name and Address of Agent or ___________________________________________ Representative for service of
process in California, if different ___________________________________________ from above)
___________________________________________
(Telephone number of Surety and ___________________________________________ Agent or Representative for service
of process in California)
NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.
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Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT  Individual
 Corporate Officer
Title(s) Title or Type of Document
 Partner(s)  Limited
 General Number of Pages
 Attorney-In-Fact
 Trustee(s)
 Guardian/Conservator Date of Document
 Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
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PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the City of San Clemente (hereinafter designated as the “City”), by action taken or a resolution passed ___________ , 20____has awarded to ________________ hereinafter designated as the “Principal,” a contract for the work described as follows:
_____________________________________________________ (the “Project”); and WHEREAS, the work to be performed by the Principal is more particularly set forth in the Contract Documents for the Project dated __________________ (“Contract Documents”), the terms and conditions of which are expressly incorporated by reference; and WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth.

NOW THEREFORE, we, the Principal and __________________________ as Surety, are held and firmly bound unto the City in the penal sum of ______________ Dollars ($___________) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Section 9100 of the Civil Code, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified.

This bond shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond.

It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or 40842
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subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned and the provisions of sections 2819 and 2845 of the California Civil Code.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__.
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal) Surety
By
Attorney-in-Fact
Title
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached. A Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.

NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.
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Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT  Individual
 Corporate Officer
Title(s) Title or Type of Document
 Partner(s)  Limited
 General Number of Pages
 Attorney-In-Fact
 Trustee(s)
 Guardian/Conservator Date of Document
 Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
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EXHIBIT “G”

FEDERAL REQUIREMENTS

NOT APPLICABLE
EXHIBIT “H”
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INSURANCE REQUIREMENTS

3.13 Insurance.

3.13.1 Time for Compliance. Contractor shall not commence work under this Contract until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract as required in section 1.1.12 of this agreement.

3.13.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Contract for work to be performed hereunder, and without limiting the indemnity provisions of the Contract, the Contractor, in partial performance of its obligations under such Contract, shall procure and maintain in full force and effect during the term of the Contract the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Contractor agrees to amend, supplement or endorse the policies to do so. (A) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 0001, or the exact equivalent, and shall be no less than $1,000,000 per occurrence and no less than $2,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits.

The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; or (3) contain any other exclusion contrary to the Contract.
(B) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering "Any Auto" (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all activities shall be in an amount of not less than $1,000,000 combined limit for each occurrence. (C) Workers' Compensation: Workers' Compensation Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease.
(D) Builder's Risk Insurance [“All Risk”]: N
(E) Contractors Pollution Liability: Contractors Pollution Liability Insurance covering all of the Contractor's operations to include onsite and offsite coverage for bodily injury (including death and mental anguish), property damage, defense costs and cleanup costs with limits not less than $2,000,000 per loss and $4,000,000 total all losses. The policy shall contain no endorsements or provisions limiting contractual liability or coverage for cross liability of claims or suits by one insured against another. If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Contract and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least three (3) years from termination or expiration of this Contract.

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

Additional Insured Endorsements shall not (1) be restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Contractor; or (4) contain any other exclusions contrary to the terms of purposes of this Contract.

For all policies of Commercial General Liability insurance, Contractor shall provide endorsements in the form of ISO CG 20 10 10 01 and 20 37 10 01 (or endorsements providing the exact same coverage) to effectuate this requirement.
(2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (B) Automobile Liability:
(1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (C) Workers' Compensation:
(1) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the City, its officials, officers, employees, agents and volunteers.
(2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.

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

3.13.5 Waiver of Subrogation. All policies of Commercial General Liability, Automobile Liability insurance (if required) shall contain or be endorsed to waive subrogation against the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors.

3.13.6 Deductibles and Self-Insured Retentions. Any deductible or self-insured retention in excess of $5,000 must be approved in writing by the City and shall protect the City, its officials, officers, employees, agents and volunteers in the same manner and to the same extent as they 41347
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would have been protected had the policy or policies not contained a deductible or self-insured retention.

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

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

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

3.13.10 Enforcement of Contract Provisions (non estoppel). Contractor acknowledges and agrees that actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposes no additional obligation on the City nor does it waive any rights hereunder.

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

3.13.12 Insurance for Subcontractors. Contractor shall include all Subcontractors as additional insureds under the Contractor's policies, or the Contractor shall be responsible for causing Subcontractors to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City, its officials, officers, employees, agents and volunteers as additional insureds to the Subcontractor's policies. All policies of Commercial General Liability insurance provided by Subcontractors shall be endorsed to name the City, its officials, officers, employees, agents and volunteers as additional insureds using endorsement form ISO CG 20 38 04 13. Contractor shall not allow any Subcontractor to commence work until it has received satisfactory evidence of Subcontractor’s compliance with all insurance requirements under this Contract, to the extent applicable. The Contractor shall provide satisfactory evidence of compliance with this section upon request of the City. 41448
-10.0
-5.0

0.0 5.0

10.0 15.0

20.0 25.0

0.0 50.0 100.0 150.0 200.0 250.0 300.0 350.0 400.0 450.0 500.0 Elevation (ft, MLLW)
Range (ft)
MHW
Nourishment
Footprint
Site Plan and Representative Cross-Section
Nourishment Template
Berm Width = 70 ft (±)
Berm Elevation = +18 ft at back beach
Offshore Slope = 3:1 (H:V)
Notes:

1. Maximum annual nourishment volume = 50,000 cy.

2. Beach nourishment material to be placed above Mean High Water (MHW; +4.6 ft rel. MLLW @ La Jolla, CA).

3. Project footprint based on LiDAR data obtained by United States Geological Survey (USGS; 2016).

4. Representative cross-section developed using beach profile data obtained in October 2023.

MHW Contour
Nourishment
Template
Seabed Profile
October 2023
Representative Cross Section, Transect SC-1700
Attachment 3
49 I I I
--
-
---~ -- '-~ "' ~ ----- ----- ----- ---- ------------ I
-----~ -------- ..;;:.:: ----- ~ I
,........-
~ r---.

I I -
415
Attachment 4
50 ,.-..,., ... ..-...

D 2024 North Beach Footprint (Proposed)
D Preliminary OCTA Nourishment (Approx.) '
c Meeting #2 416
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: September 17, 2024 Agenda Item: 9A
Submitted By: Public Works
Prepared By: Amir K. Ilkhanipour, Principal Civil Engineer Subject:
..titl e

CONSIDERATION OF A RESOLUTION TO INCREASE THE AMOUNT OF SAND BEING

PLACED ON NORTH BEACH DUE TO COST SAVINGS WITHIN THE NORTH BEACH EMERGENCY SAND PLACEMENT PROJECT, CIP PROJECT NUMBER 14901, AND

REALLOCATING THESE SAVINGS TO INCREASE THE CONSTRUCTION CONTINGENCY FROM ..body10% TO 19%
Fiscal Impact:

Staff is requesting to increase the project contingency to utilize project cost savings to complete additional sand delivery. The estimated total project cost at this time for delivery of 30,000 cubic yards of sand is $1,750,000 and is significantly under the approved project budget of $2,036,000.

Summary:

The City is currently actively engaged in the sand replenishment of North Beach under a construction contract with GCI Construction, Inc. This contract provides for 30,000 cubic yards of sand delivery, and placement and grading of the newly delivered sand and is coming in significantly under budget. The City has a current allocation of 50,000 cubic yards of sand from the County of Orange, although the County recently informed staff that there is an estimated additional 7,000 cubic yards of sand available at this time. Staff is suggesting that project savings could be utilized to amend the contract to deliver more sand.

In order to increase the amount of sand for the project, within that which the City has been allocated from the County of Orange, an increase in the project’s contingency from 10% to 19% is proposed.

By increasing the contingency, per the City’s Procurement Policy and Procedures (Section 7.65 (a)), department level staff can approve change orders up to the authorized contingency as long as it is under 19 percent of the contract price. With this increase in contingency and an approved change order, an additional 7,000 cubic yards can be delivered within the current project budget.

Project savings have been realized by utilizing City staff for Construction Administration and Management in lieu of consultants. Additional savings within the existing contract were found due to the speed at which the project has progressed, reducing the costs associated with railway flagging and coordination. The estimated savings for these two items is approximately $155,000. By increasing the construction contingency from $172,600 (10%) to $327,940 (19%), City staff can issue a change order to increase the amount of sand delivered by approximately 7,000 cubic yards. 1 Attachment 3
417
Meeting Date: September 17, 2024 Agenda Item: 9A

CITY OF SAN CLEMENTE
Background:

In May 2024, the City Council authorized restarting the Sand Compatibility and Opportunistic Use Program (SCOUP) in the City under Resolution No. 24-93. Previously, from 2000-2016, the City had a SCOUP that allowed the placement of up to 300,000 cubic yards per year of sand, on four beaches in the City, with permits valid for a period of five-years.

The City of San Clemente was experiencing critical erosion hot spots that had developed along the San Clemente shoreline at North Beach due to lack of sand supply and prevailing sediment deficit condition that exists in South Orange County. As a result of the current effort, the public facilities located at North Beach now have improved protection from any erosion due to the ocean’s waves, which has been achieved by the new placement of sand.

On June 18, 2024, the City Council approved awarding a construction contract to GCI Construction, Inc. in the amount of not to exceed $1,726,000 for the delivery and placement of 30,000 cubic yards of sand. The estimated project cost summary table previously approved by the City Council is shown below.

Item Item Cost
Construction Administration and
Management
$138,080
Construction $1,726,000
Contingency (10%) $172,600
Total Budgeted Amount $2,036,680
Over the duration of the project, staff has managed to realize cost savings in the Construction Administration and Management area as well as railroad fees since the project is ahead of schedule. By re-itemizing these savings, it is possible to increase the project contingency and thereby expend the saved funds to deliver and place an additional 7,000 cubic yards of sand through this existing contract. Approval of a contingency increase will allow staff to authorize a change order for a project total 37,000 cubic yards of sand as part of the current contract.

If the City Council approves reallocating the cost saving, the estimated project cost summary table will be changed as shown below.
4182
Meeting Date: September 17, 2024 Agenda Item: 9A

CITY OF SAN CLEMENTE
Item Original
Budget
New
Budget
Construction Administration and Management $138,080 $24,080 Original Construction Contract $1,726,000 $1,684,660
Contingency (from 10% to 19% of original contract amt) $172,600 $327,940 Total Budgeted Amount $2,036,680 $2,036,680
Council Options:
 Adopt Resolution No. 24-142 (Attachment 1), which will amend the funding amounts within the current North Beach Emergency Sand Placement Project to increase the construction contingency amount from 10% to 19% to allow for an additional 7,000 cubic yards of sand delivery and placement.
 Modify and adopt Resolution No. 24-142.
 Continue the item and direct staff to provide additional information.  Do not modify the funding amounts of the current North Beach Emergency Sand Placement Project.

Environmental Review/Analysis:

This project was previously deemed an emergency project and found statutorily exempt per California Environmental Quality Act Guidelines Section 15269.

Recommended Actions:

Staff Recommendation ..recommendation
Staff recommends that the City Council adopt Resolution No. 24-142, which will utilize project savings to reallocate budgeted costs North Beach Emergency Sand Placement Project, CIP Project Number 14901 to increase the construction contingency from 10% (i.e., $172,600) to 19% (i.e., $327,940) to provide for an additional 7,000 cubic yards of sand to be delivered and placed at North Beach.
..recommendation
..end
Attachments:

1. Resolution No. 24-142

2. Staff Report dated June 18, 2024 (without attachments) Notification:

None.
4193
ATTACHMENT 1
4882-9904-3949 v1
RESOLUTION NO. 24-142

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF SAN CLEMENTE, CALIFORNIA, APPROVING

FUNDING REALLOCATION WITHIN THE EXISTING

BUDGET FOR THE NORTH BEACH EMERGENCY

SAND PLACEMENT PROJECT, CIP PROJECT
NUMBER 14901 AND AN INCREASE IN THE
CONSTRUCTION CONTINGENCY FROM 10% TO 19%
WHEREAS, the City was experiencing critical erosion hot spots along the shoreline at North Beach due to lack of sand supply and deficient prevailing sedimentation; and
WHEREAS, due to the potential for further impacts in the absence of natural beach sand replenishment from creeks and stream channels, the City was unable to open the beach facilities at this location as they are currently being undermined by direct wave impacts; and
WHEREAS, the City is actively developing a comprehensive, citywide coastal resiliency strategy using beach sand replenishment and sand retention as the primary means of restoring the sandy beach in the City; and WHEREAS, in February 2024, the City Council directed staff to take all steps necessary to re-establish a Sand Compatibility and Opportunistic Use Program (SCOUP) in the City, a contractor was retained by the City in May 2024 to assist with formally re-establishing SCOUP; and
WHEREAS, SCOUP is consistent with Federal, Statewide, regional, and local shoreline management goals which recognize the importance of public beach restoration along the South Orange County shoreline as the preferred method of addressing the critical coastal erosion problems caused by an overall lack of sediment supply; and
WHEREAS, in the absence of a SCOUP program, continued erosion and loss of the sandy beach is expected to occur; and
WHEREAS, the City is currently engaged in the replenishment of approximately 1,500 feet of coastline at “North Beach” with 30,000 cubic yards of sand under a construction contract with GCI Construction, Inc. for the North Beach Emergency Sand Placement Project, CIP Project Number 14901; and WHEREAS, City staff has realized cost savings in multiple aspects of the project’s effort, which has freed up funds within the project budget and allows for the increase of construction contingency from 10% to 19% of the construction 4204
Resolution No. 23-142 Page 2
4882-9904-3949 v1
costs within the current budget allocation; and
WHEREAS, by increasing the construction contingency amount, sand can more cost-effectively be delivered and spread for the replenishment of North Beach; and
WHEREAS, this increase in contingency will provide for the delivery and placement of an additional 7,000 cubic yards of sand to the original 30,000 cubic yards being placed; and
WHEREAS, the City previously determined that this project is categorically exempt from the California Environmental Quality Act (CEQA) under Emergency Projects (i.e., Emergency Projects - 18 CCR §15269), Section 15269 of the State CEQA Guidelines.

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 fully incorporated herein.

SECTION 2. That project savings shall be utilize to reallocate budgeted costs for the North Beach Emergency Sand Placement Project, CIP Project Number 14901 and an increase in the construction contingency from 10% ($172,600) to 19% ($327,940) for said project to provide for an additional 7,000 cubic yards of sand to be delivered and placed at North Beach is hereby approved.

SECTION 3. That staff is authorized and directed to execute such documents and take such actions as are necessary and proper to carry out the purposes of this resolution.

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. 4215
Resolution No. 23-142 Page 3
4882-9904-3949 v1
PASSED AND ADOPTED this _____ day of ____________________, 2024.

ATTEST:
___________________________ __________________________
City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 23-142 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
4226
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: June 18, 2024 Agenda Item: 10D
Submitted By: City Manager
Prepared By: Leslea Meyerhoff, Contract Coastal Administrator Subject:
..titl e

CONSIDERATION OF A RESOLUTION FINDING THAT AN EMERGENCY EXISTS DUE TO

SAND EROSION AND IMMEDIATE NEED OF SAND PLACEMENT AT NORTH BEACH, AWARDING A CONSTRUCTION CONTRACT TO 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 ..body Fiscal Impact:

The estimated total construction cost of the North Beach Emergency Sand Placement Project is $2,036,680. This expenditure will be funded through transfer of funds from existing projects as shown below, and a supplemental appropriation in the amount of $536,680 from the General Fund Unassigned Fund Balance. The following transfers are recommended to Account No. 001- 636-45300-000-14901 as follows:

Transfer From Project Name Amount ($)
001-636-45300-000-19907 Army Corps Sand Project $750,000 001-636-45300-000-14809 North Beach Concession Building $300,000 001-636-45300-000-14193 North Beach Playground $150,000 001-416-45710-000-22307 Avenida Victoria Sidewalk Widening $300,000 Total: $1,500,000
Summary:

The City is seeking qualified companies who can deliver 30,000 cubic yards of sand from the Santa Ana River to the City’s beaches and spread it out along a 1,500 foot length of beach from North Beach south towards Mariposa Point. To support this emergency project, on June 6, 2024, the City initially contacted and solicited bids from four companies for (1) trucking sand from the Santa Ana River stockpile site managed by OC Public Works in Costa Mesa to North Beach in San Clemente, and (2) spreading the sand on the beach once delivered. Prior to receiving any bids from these four contractors, the invitation to receiving bids was also extended and published on the PlanetBids.

Before the City Council is a resolution (Attachment 1) declaring that an emergency exists due to sand erosion and immediate need of sand placement on North Beach, awarding a construction contract to GCI Construction, Inc. in the amount of $1,726,000, and approving a 10% project contingency.
1 Attachment 2
4237
Meeting Date: June 18, 2024 Agenda Item: 10D

CITY OF SAN CLEMENTE
Background:

In May 2024, the City Council authorized restarting the Sand Compatibility and Opportunistic Use Program (SCOUP) in the City under Resolution No. 24-93. Previously, from 2000-2016, the City had a SCOUP which allowed the placement of up to 300,000 cubic yards per year of sand, on four beaches in the City, with permits valid for a period of five-years. However, as City permits expired, the City is now in the process of re-establishing, and potentially expanding, the SCOUP obtaining environmental clearances and all required permits.

The City will utilize a previously permitted beach sand placement area that is 1,500 feet long, as shown on Attachment 3. Importantly, the southern 530 feet of this beach sand placement area is also located within OCTA’s shoreline Reinforcement Areas 1 and 2 (Attachment 4) and thus the sand placed by the City will also be of direct benefit to the railroad that traverses the entirety of the City. The railroad that runs through the City of San Clemente is a designated U.S.

Department of Defense (DOD) Strategic Defense Rail Corridor.

The City’s original SCOUP sites were North Beach, extending south 1,500 feet, Linda Lane Beach, extending a distance of 1,500 feet, T-Street Beach North, extending from the pier 1,000 feet south and T-Street Beach South, extending a distance of 1,200 feet south.

Development of a new SCOUP for San Clemente commenced in May 2024 as follows:
 Phase 1: Initiated in May 2024. Conduct an opportunities and constraints analysis to define the areas of the City where opportunistically available beach compatible sediment can be placed. Phase 1 is anticipated to be completed by the end of 2024.  Phase 2: Conduct environmental review and compliance tasks under the California Environmental Quality Act (CEQA) and possibly the National Environmental Policy Act (NEPA). Phase 2 would be completed within one year and would be initiated following completion on Phase 1 and direction from the City likely in FY 25/26.  Phase 3: Prepare applications and process regulatory approvals with U.S. Army Corps of Engineers (Regulatory Branch); California Coastal Commission; Regional Water Quality Control Board, California State Lands Commission, and the Southern California Regional Rail Authority. Phase 3 could be initiated and completed concurrently with Phase 2.

Preparation of permit applications and submittal to the applicable agencies would take a few months. Agency processing time is highly variable but typically ranges from nine to 12 months depending on the agency and agency staff workload.  Phase 4: SCOUP project implementation. Due to the current availability of free sand from the County of Orange and California State Parks, City staff is developing two SCOUP projects as follows: 30,000 cubic yards from the Santa Ana River in Summer 2024 and up to 45,000 cubic yards of sand from Huntington State Beach in Fall 2024. Both of these are interim projects that are being advanced through individual permit processes with the Coastal Commission, USACE, Southern California Regional Rail Authority and OC Public Works due to the availability of the beach quality sand being donated to the City by the County and State of California.
42482
Meeting Date: June 18, 2024 Agenda Item: 10D

CITY OF SAN CLEMENTE
On June 17, 2024, bids were opened and results are presented in the table below. Bids ranged from $1,726,000 to $3,130,000. The lowest responsive and responsible bidder, based on the Base Bid, is $1,576,000, of GCI Construction, Inc., of California with a total bid amount of $1,726,000. Based on the lowest bid, including the Alternate Bid Item, the total estimated project construction cost is $2,036,680, as summarized below:

Construction Administration and Management $ 138,080
Construction 1,726,000
Contingency 172,600
Total Estimated Construction Cost $ 2,036,680
The above construction cost, as part of the contractor’s contract, includes $150,000 allowance for the required railroad flagging and coordination with the Southern California Regional Rail Authority (SCRRA), and a bid alternate in the amount of $150,000 for potential shoring and protection of the existing Orange County bridge over the Segunda Deshecha Canada Channel (OCFCD Facility No. M02). A structural analysis and permit are required from the Orange County Public Works prior to utilizing the bridge to deliver sand.

As required by the City policy and state law, the Contractor will be required to provide performance and payment bonds simultaneously with execution of the construction contract (Attachment 2). Project plans and specifications are on file in the City Clerk’s office.

Discussion:

The City of San Clemente is experiencing critical erosion hot spots that have developed along the San Clemente shoreline at North Beach due to lack of sand supply and prevailing sediment deficit condition that exists in South Orange County. Due to the potential for further impacts in the absence of natural beach sand replenishment from creeks and stream channels, the City is unable to open the beach facilities in this location as they are currently being undermined by direct wave attack. It's unclear how long these facilities will be able to withstand direct wave attack from lack of sand on the public beach.

According to the City’s Chief of Marine Safety, emergency response to beach incidents is now significantly impacted due at North Beach due to the critical coastal erosion caused by a lack of sand. At present, emergency response vehicles cannot access North Beach at high tide. A secondary route used to exist via the Coastal Trail but that is now temporarily closed due to a landslide which forced removal of bridge sand/segments that provided public coastal access as well as an emergency response path to North Beach at high tide.

The loss of sand at North Beach now prevents emergency vehicles from accessing the North Beach area in case of emergencies. The lack of access poses a serious risk to the safety and well-being of residents and highlights the urgent need for this solution to address this ongoing issue which is sand replenishment as planned by the City.

In the week of May 13, 2024, the cement staircase leading to the North Beach substation was lost due to ongoing sand erosion. This loss is just one example of the impact of the disappearing sand on City beaches. In response to this issue, one of the lifeguard towers at North Beach had to be relocated. Additionally, the beach staircases at Diji Court and El Portal to the south have been 42593
Meeting Date: June 18, 2024 Agenda Item: 10D

CITY OF SAN CLEMENTE
deemed unsafe for public use due to the lack of sand. The erosion has also caused some fire rings to be swept away, while others have been removed entirely to prevent them from being washed away. The City used to have two sand volleyball courts at North Beach that have been removed due to sand loss.

Currently, the playground swing sets, concrete picnic tables, and the remaining City lifeguard tower are at risk of being lost as well unless the City can conduct an emergency sand placement operation using sand donated by the County of Orange and California State Parks. It is crucial that the City be able to address this issue in a timely manner to ensure the safety and preservation of City beaches and public recreational amenities enjoyed by residents and visitors.

The City is closely monitoring the situation and continues to inspect the damage and protect existing critical public infrastructures, facilities, and recreational beach amenities at North Beach.

The City has attempted to manually push sand into the area in front of North Beach facilities to protect them from further undermining and wave attack but supplemental sand sources are now needed at North Beach.

Beach erosion has already closed the coastal trail just south of this location and emergency action is needed to protect this public beach area which sits immediately seaward of the OCTA/Metrolink Train Station, train tracks and related public parking lot.

Beach erosion has reached critical mass where an emergency response in the form of affirmative beach sand replenishment is planned by the City. Implementation of this emergency sand placement project will protect critical public infrastructure, existing structures, improve / restore coastal access and recreational opportunities, and provide protection for the railroad infrastructure inland of North Beach.

Based on emergency conditions that exist along the City shoreline where there is no dry sandy beach at high tide, exposing the public beach, existing structures and critical public infrastructure and facilities to direct wave attack, City staff moved with urgency to locate and deliver sand to the City to abate the emergency conditions caused by a lack of sand supply.

On May 2, 2024, the City requested a Coastal Development Permit (CDP) Waiver (CDP 05-24- 0371) scheduled for the June 14, 2024 California Coastal Commission hearing that contemplates the placement of up to 50,000 CY of sand from the County. The placement of this material ahead of the restart of the City’s formal SCOUP program will lessen the sediment deficit and could reduce the amount of sand that may need to be imported later to fulfill the sand needs of the City.

The City is also seeking concurrence under USACE Regional General Permit (RGP) 63 for the emergency placement of sand and is also obtaining approvals from San Diego Regional Rail Authority (Metrolink) for a right of way encroachment permit for the railroad crossing and for work within the railroad right of way and lastly an encroachment permit is needed from OC Public Works to cross the stormwater outlet structure at the north end of North Beach.

SCOUP is an important coastal resiliency tool that facilitates placement of opportunistically available beach quality sediments on the City’s beaches. Having a fully developed SCOUP within the next few years will enable the City to optimize beach placement of opportunistically available 426104
Meeting Date: June 18, 2024 Agenda Item: 10D

CITY OF SAN CLEMENTE
and compatible sediments by completing all environmental and permitting tasks up front, at a programmatic level rather than on a project-by-project basis (as is being done now for these emergency projects) saving the City both time and money.

Council Options:
 Adopt Resolution No. 24-93, declaring that an emergency exists due to sand erosion and immediate need of sand placement at North Beach, awarding the North Beach Emergency Sand Placement Project construction contract to GCI Construction, Inc., authorizing the City Manager to execute the construction contract in an amount of not to exceed $1,726,000 with a 10% project contingency, approving various fund transfers and finding the project categorically exempt from the California Environmental Quality Act per Guidelines Section 15269.  Modify and adopt Resolution No. 24-93.
 Provide alternative direction.

Environmental Review/Analysis:

The proposed project is an emergency project and is statutorily exempt per State California Environmental Quality Act Guidelines Section 15269.

Recommended Actions:

Staff Recommendation
Staff recommends that the City Council adopt Resolution No. 24-93, which would:

1. Declare that an emergency exists due to sand erosion and immediate need of sand placement at North Beach;

2. Find the project categorically exempt from the California Environmental Quality Act under state CEQA Guidelines Section 15269;

3. Approve 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:

Transfer From Project Name Amount ($)
001-636-45300-000-19907 Army Corps Sand Project $750,000 001-636-45300-000-14809 North Beach Concession Building $300,000 001-636-45300-000-14193 North Beach Playground $150,000 001-416-45710-000-22307 Avenida Victoria Sidewalk Widening $300,000 Total: $1,500,000

5. Award the North Beach Emergency Sand Placement, Project No. 14901, contract to GCI Construction, Inc.;
427115
Meeting Date: June 18, 2024 Agenda Item: 10D

CITY OF SAN CLEMENTE

6. Authorize the City Manager to execute a construction contract with GCI Construction, Inc. in an amount of not to exceed $1,726,000, in a form substantially similar to attached construction contract (Attachment 2) for the North Beach Emergency Sand Placement, Project No. 14901; and

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

1. Resolution No. 24-93

2. Draft Construction Contract

3. Site Plan showing limits of sand placement

4. OCTA’s shoreline Reinforcement Areas 1 and 2
Notification:

All bidders.
428126
Attachment 4
4882-9904-3949 v1
RESOLUTION NO. 24-199

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, ACCEPTING AND FILING

NOTICE OF COMPLETION FOR THE NORTH BEACH

EMERGENCY SAND PLACEMENT PROJECT, PROJECT
NO. 14901
WHEREAS, on June 18, 2024, the City Council awarded a construction contract to GCI Construction, Inc. to deliver and spread 30,000 cubic yards of sand from the Santa Ana River on the North Beach area, along approximately 1,500 feet of the shoreline.

WHEREAS, the City had been experiencing critical erosion hot spots that had developed at North Beach in the past years; and
WHEREAS, the City Council declared the project as an emergency; and WHEREAS, on September 17, 2024, the City Council approved an increase to the project contingency from the original 10% to 19% to allow placement of additional 7,000 cubic yards of sand; and
WHEREAS, the total sand placed at the North Beach was 37,000 cubic yards.

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. Accept the North Beach Emergency Sand Placement Project, Project No. 14901, from GCI Construction, Inc.

SECTION 3. The Public Works Director/City Engineer is authorized and directed to execute and record the Notice of Completion for the North Beach Emergency Sand Placement Project, Project No. 14901.

SECTION 4. The City Clerk is authorized and directed to release the Payment Bond 35 days from the recordation of the Notice of Completion upon verification with the Engineering Division that no liens have been levied against the Contractor, GCI Construction, Inc.

SECTION 5. The City Clerk is authorized and directed to release the Performance bond for this project upon receipt of a warranty bond in a form acceptable to the Public Works Director in the amount of 25% of the total construction cost.

SECTION 6. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. 429
Resolution No. 24-199 Page 2
4882-9904-3949 v1
PASSED AND ADOPTED this _____ day of ____________________, 2024.

ATTEST:
___________________________ __________________________
City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 24-199 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
430
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: December 10, 2024 Agenda Item: 11H.

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

CONSIDERATION OF A RESOLUTION AWARDING A PROFESSIONAL CONSULTANT SERVICES AGREEMENT TO PACIFIC ADVANCED CIVIL ENGINEERS INC. (PACE) FOR

ENGINEERING SUPPORT SERVICES FOR THE DEL MAR ELECTRICAL REHABILITATION IMPROVEMENTS, CIP PROJECT NO. 19807, IN AN AMOUNT NOT TO EXCEED $89,940, AND AUTHORIZING ..body THE CITY MANAGER TO EXECUTE THE AGREEMENT Fiscal Impact:

The Engineering support services cost of $89,940 for the Del Mar Electrical Rehabilitation Improvements project is within the approved available budget of $196,272, from the General Fund, Account No. 001-634-45300-000-19807.

Summary:

Before the City Council is approval of a Professional Consultant Services Agreement with Pacific Advanced Civil Engineers, Inc. (PACE) to provide construction plans, specifications, and engineering construction support services for design of the Del Mar Electrical Rehabilitation Project.

Background:

Avenida Del Mar hosts many activities throughout the year which require power for vendors and holiday events. The existing electrical system on Avenida Del Mar is old and has limited capacity to power such events. The project
proposes to install new 400A pedestal cabinets along with new electrical conduits and wiring on both the 100 and
200 blocks to accommodate the needs of vendors and
City events. New 50A subpanels with outlets will also be installed at each of the bulb-outs and at the intersection of Ola Vista and Avenida Del Mar. This project does not
include removing or replacing any sidewalk pavers or
impacting the existing trees on Avenida Del Mar.

Electrical conduits will be placed underground near the gutter line, which will require temporary parking closures but will not require the closure of Avenida Del Mar during construction.

The City initiated requests for proposals (RFP) on September 16, 2024, for the above design work via email to five professional consultants. On October 17, 2024, the City received a total of 431
Meeting Date: December 10, 2024 Agenda Item: 11H.

CITY OF SAN CLEMENTE 2
three proposals from qualified firms, Pacific Advanced Civil Engineering, PdM Consulting, and S Y Lee Associates.

Table 1. Fee Proposal Schedule
Firm Name Proposal Amount

1. Pacific Advanced Civil Engineering $89,940.00

2. PdM Consulting, Inc $203,030.00

3. S Y Lee Associates $352,397.85
City staff reviewed the submittals at length and determined that PACE (with a principal place of business in California in the City of Fountain Valley) provided the best approach and team for the Avenida Del Mar Electrical Rehabilitation Project. PACE is very familiar with the City of San Clemente due to the completion of several past projects, and staff believes they will provide excellent services for the Avenida Del Mar Electrical Rehabilitation Project.

Council Options:
 Adopt Resolution No. 24-200 (Attachment 1), awarding a Professional Services Agreement to Pacific Advanced Civil Engineers, Inc., in an amount not to exceed $89,940 and authorizing the City Manager to execute the Agreement.
 Modify and adopt Resolution No. 24-200.
 Deny the adoption of Resolution No. 24-200 to authorize the execution of the Professional Services Agreement with Pacific Advanced Civil Engineers, Inc. and provide direction to staff.  Continue the item with direction to provide additional information.

Environmental Review/Analysis:

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

Recommended Actions:

Staff recommends that the City Council adopt Resolution No. 24-200, which will:

1. Award a Professional Services Agreement to Pacific Advanced Civil Engineers, Inc. for engineering support services for the Del Mar Electrical Rehabilitation Project, CIP Project No. 19807; and

2. Authorize the City Manager to execute a Professional Services Agreement with Pacific Advanced Civil Engineers, Inc. in an amount not to exceed $89,940. ..recommendation
..end
Attachment:

1. Resolution No. 24-200

2. Professional Consultant Services Agreement with Pacific Advanced Civil Engineers, Inc. 432
Meeting Date: December 10, 2024 Agenda Item: 11H.

CITY OF SAN CLEMENTE 3
Notification:

None.
433
Attachment 1
RESOLUTION NO. 24-200

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, AWARDING A

PROFESSIONAL CONSULTANT SERVICES AGREEMENT
TO PACE ADVANCED CIVIL ENGINEERING, INC. FOR

ENGINEERING CONSULTING SERVICES FOR THE

AVENIDA DEL MAR ELECTRICAL REHABILITATION
PROJECT, CIP PROJECT NO. 19807, AND AUTHORIZING

THE CITY MANAGER TO EXECUTE THE AGREEMENT
WHEREAS, on September 16, 2024, the Engineering Division solicited proposals from qualified firms to provide engineering consulting services for the Avenida Del Mar Electrical Rehabilitation Project, CIP Project No. 19807; and WHEREAS, on October 17, 2024, the City of San Clemente received three (3) proposals from qualified firms Pacific Advanced Civil Engineering, Inc., PdM Consulting, and S Y Lee Associates; and
WHEREAS, City staff reviewed the submitted proposals and determined Pace Advanced Engineering, Inc. provided the best approach and team for the Avenida Del Mar Electrical Rehabilitation Project; and
NOW, THEREFORE, the City Council of the City of San Clemente does hereby find, determine and resolve as follows:

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

Section 2. A Professional Consulting Services Agreement is hereby awarded to Pace Advanced Civil Engineering, Inc. for engineering consulting services for the Avenida Del Mar Electrical Rehabilitation Project, CIP Project No. 19087.

Section 3. The City Manager is authorized to execute the Agreement in an amount not to exceed $89,940 in a form substantially similar to that presented to the City Council on November 19, 2024.

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

PASSED AND ADOPTED this day of , 2024.
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Resolution No. 24-200 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. 24-200 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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CITY OF SAN CLEMENTE

PROFESSIONAL CONSULTANT SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into this _____ day of ________, 20___, by and between the City of San Clemente, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 910 Calle Negocio , San Clemente, California, 92673 ("City") and Pacific Advanced Civil Engineering, Inc., a california corporation, with its principal place of business at 17520 Newhope Street, Ste 200, Fountain Valley, California 92708 ("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 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 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 surveying and design engineering consulting services for the Avenida Del Mar Electrical Rehabilitation Project, Project No. 19807 ("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 surveying and design 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 ______________, 20___, until the work is completed t 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 Attachment 2
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Agreement. City retains Consultant on an independent contractor basis and not as an employee.

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

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

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

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

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

3.2.6 Substitution of Key Personnel. Consultant has represented to City that 437
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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: Duncan Lee, PE Contract Manager.

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

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

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

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

As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services 438
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or to work on the Project.

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

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

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

3.3 Fees and Payments.

3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "D" attached hereto and incorporated herein by reference. The total compensation shall not exceed Eighty-Nine Thousand Nine Hundred Forty Dollars ($89,940) without written approval of the City Council or City Manager as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

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

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

3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "D" of this Agreement. 439
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3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.

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

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

3.3.6 Labor Code Requirements.

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

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

3.4 Accounting Records.

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

3.5 General Provisions.

3.5.1 Termination of Agreement.
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3.5.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time, with or without cause, by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause.

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

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

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

Consultant: Pacific Advanced Civil Engineering, Inc.
17520 Newhope Street, Ste 200
Fountain Valley, CA 92708
ATTN: Duncan Lee, PE, Contract Manager
City: City of San Clemente
910 Calle Negocio
San Clemente, CA 92673
ATTN: Laura Campagnolo, City Clerk
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.5.3 Ownership of Materials and Confidentiality.

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

Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided 441
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that any such use not within the purposes intended by this Agreement shall be at City's sole risk.

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

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

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

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

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

3.5.6 Indemnification.

3.5.6.1 To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant's Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses. Consultant’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers. 442
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3.5.6.2 If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.

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

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

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

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

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

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

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

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

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

3.5.16 No Third-Party Beneficiaries. There are no intended third party 443
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beneficiaries of any right or obligation assumed by the Parties.

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

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

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

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

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

3.5.22 Counterparts/Electronic Signatures. This Agreement may be signed in counterparts, each of which shall constitute an original. This Agreement may be signed with the same force and effect as original ink signatures.

3.6 Subcontracting.

3.6.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed on the respective dates set forth opposite of their signatures. 444
10 55452.01100\31193624.5

CITY OF SAN CLEMENTE
By:________________________________
Andy Hall, City Manager
ATTEST: Dated: __________________, 20____
____________________________
CITY CLERK of the City of
San Clemente, California
APPROVED AS TO FORM:
_____________________________
Elizabeth A. Mitchell, City Attorney

APPROVED AS TO AVAILABILITY
OF FUNDING:
_____________________________
Finance Authorization

Pacific Advanced Civil Engineering,
Inc., a california corporation
(“CONSULTANT”)
By: ___________________________
Cory M. Severson, Chief Executive
Officer
Dated: __________________, 20___
By: ___________________________
Mark E Krebs, Secretary and Chief
Financial Officer
Dated: __________________, 20___
445
55452.01100\31193624.5
EXHIBIT "A"

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

Task 1 – Feasibility Study
Subtask 1.1 – General Communication Meetings
Subtask 1.2 – Collect and Study Existing Records
Subtask 1.3 – Develop Feasibility Alternatives
Task 2 – Design & Bid
Subtask 2.1 – General Communication Meetings
Subtask 2.2 – Field Verify Potential Utility Conflicts (GPR & EM) Subtask 2.3 – Support the City with SDG&E Service Application Subtask 2.4 – 90% Design (plans, specifications, and cost estimate) Subtask 2.5 – 100% Design (plans, specifications, and cost estimate) Subtask 2.6 – Final Signed Plans, Specifications, and Engineer’s Estimate Subtask 2.7 – Pre-construction Engineering and Bid Support Task 3 – Construction
Subtask 3.1 – General Communication Meetings
Subtask 3.2 – Engineering Support During Construction (RFIs and Submittals) Subtask 3.3 – Electrical Field Inspection (PACE) (assumed 16 hours in the field) Subtask 3.4 – Civil Inspection (AESCO) (assumed 32 hours in the field) Subtask 3.5 – Coordination with SDG&E
Subtask 3.6 – Construction Management Services
All deliverables will be provided as electronic copies and reproducible original prints for the City’s use and distribution.
446
55452.01100\31193624.5
EXHIBIT "B"

SCHEDULE OF SERVICES
Consultant shall diligently perform the services to the City’s satisfaction and as set forth in the attached proposal from Pacific Advanced Civil Engineers, Inc. dated October 17, 2024, which is incorporated fully herein by this reference.
447
448
October 17, 2024
Shawn Ryan, PE
Project Manager
City of San Clemente
Engineering Division
910 Calle Negocio, Suite 100
San Clemente, CA 92673
(949) 361-6122
Subject – Request for Proposal: Avenida Del Mar Electrical Services and Street Tree Rehabilitation Project, Engineering Design (Project No. 19807) C375
Shawn,
Thank you for the opportunity to provide our proposal to the City of San Clemente (City) in response to the City’s Request for Proposal (RFP) for the Avenida Del Mar Electrical Services and Street Tree Rehabilitation Project, Engineering Design (Project No. 19807) (Project). We understand the City’s desire to contract a consultant with electrical and civil engineering expertise and an understanding of municipalities to ensure a successful Project. PACE proposes to support the City by designing the required scope and providing construction management support throughout the project to minimize liabilities to stakeholders, reduce impacts and costs, address challenges, and consider future improvement projects.

We understand the City is requesting design of two new 400-ampere (A) services to power existing street lighting and new power outlets on Avenida Del Mar for special event power. The scope also includes designing conduits for future fiber optic cable for the Community Center, as well as designing new electrical infrastructure (pull boxes) to allow for future expansion / improvements.

The suggested conduit routing on RFP Exhibit #1 shows the conduits running on the south side of Avenida Del Mar and up to the north side of the street, where the location of the new outlets is suggested. The gas line maps received from the City show the gas lines running on the south side of Avenida Del Mar. We suggest installing the conduits on the north side and crossing the street to the south side only, where the new power outlets will be located (see Exhibit A of our proposal). The benefit of this suggestion is that it avoids colliding with the existing gas lines. Additionally, depending on the anticipated power outlet load, one 400 A, 240/120-volt (V) service may be sufficient in addition to the existing 200 A service. PACE will confirm the required load during the feasibility study. If only one 400 A service is sufficient and the City agrees with that, the new 400 A service can be installed on Avenida Del Mar and Ola Vista, feeding both blocks 100 and 200 (see Exhibit A). Additional preliminary observations are described under the Project Understanding section of this proposal.

Our strategy to complete the Project is to collaborate with the City to collect available record drawings. To reduce fees for the City, PACE can collaborate with the City’s senior staff and/or a City intern to collect the available City-owned utility record drawings and request third-party-owned utility record drawings that will be included in the base map for the design. Once all available records have been collected and studied, PACE senior team members will develop an expedited feasibility study containing up to three viable alternatives with estimated construction costs and a recommended alternative. We will also hold meeting(s) with the City to review the alternatives in detail and explain the advantages / disadvantages of each of them. 449
Shawn Ryan, PE October 17, 2024
Avenida Del Mar Electrical Services and Street Tree Rehabilitation Project / C375 Page 2 of 3 After the City has decided on the design alternative from the feasibility study, PACE will start developing the design and simultaneously prepare the new service application(s) for the City to apply to the San Diego Gas and Electric Company (SDG&E). Service applications require a long time, so it is highly recommended that the application be started as soon as the design alternative is determined to avoid project delays. We have provided many similar services for our clients, and preparing complete applications with required documents speeds up the processing time. After the 100% plans and specifications have been approved by the City, PACE will support the City during the bidding phase by responding to the bidder’s questions and performing a site walk if requested by the City.

PACE will be providing construction management services, including electrical and civil inspections. The electrical inspections include inspecting conduit installations, witnessing wire cable insulation testing (megging), and witnessing functional testing of the lighting controller. Our subcontractor, AESCO, will perform the civil testing and inspections, including compaction testing, soil testing, and compression testing, as required by the RFP. However, if the City would like to reduce inspection costs, the City can assign a staff member, such as a Public Works City inspector, to perform common and typical civil inspections, such as inspection of trenching, street restoration, concrete, etc. Furthermore, civil inspection is relatively simple because the existing City standard trenching detail is shallow (less than 5 feet), thereby typically not requiring shoring.

The project requires electrical and civil engineering knowledge and experience to provide a cost-efficient, long-lasting design. The Contract Manager, Duncan Lee, PE, has 6 years of experience at PACE as the Principal of the Utilities Division and offers the benefit of a combined 30 years of municipal and public agency experience, including most recently 17 years as the Principal Civil Engineer for the City of Huntington Beach. Bashar Ishaq, PE, will be the Project Manager, Sr. Electrical Engineer, and contact person for the City. Mr. Ishaq has over 10 years of experience managing various sizes of projects as well as designing and serving as the Engineer of Record for multiple projects, offering the benefit of managerial and technical expertise required to successfully and cost-efficiently complete the project. We have both served in the public sector, allowing us to put ourselves in your shoes as we direct our team to meet your needs best.

PACE has successfully supported the City of San Clemente with numerous projects, including the WRP Flow Equalization Project and Headworks Grit Replacement Project for the City’s wastewater treatment plant. Moreover, PACE’s office is about 31 miles from the project location, making it easy to be on-site during all project phases.

PACE and AESCO have successfully performed the following projects, which provide just a small sample of our experience. Full project descriptions and references are provided in this proposal. • City of Manhattan Beach Sewer Lift Stations and Force Main Replacement Projects • City of Seal Beach Lampson Water Well Treatment Project • City of San Clemente Pico/Presidio DIP Replacement at Gateway Village Plaza • Alley East of Alabama Water Main Replacement (AESCO)
• I-405 Freeway Widening (AESCO)
We understand that the City wants to finish the major construction activities before the busy summer months to avoid impacting the businesses on Avenida Del Mar. Our suggested schedule reflects that, and we are committed to finishing the design by the end of January 2025 to allow sufficient time for the major construction activities, such as trenching, before the busy summer months. A detailed schedule is included in the proposal for your review.

The total not-to-exceed fee for this project, including all scope items described in the RFP, is provided in the separate cost estimate.
450
Shawn Ryan, PE October 17, 2024
Avenida Del Mar Electrical Services and Street Tree Rehabilitation Project / C375 Page 3 of 3 Our proposed engineering services are based on the requested scope of services, with the proposed fees and overall scope divided into the various tasks described in the RFP. I have read, understood, and agreed to all statements in this request for proposal and acknowledged receipt of all addendums/amendments and the terms, conditions, draft agreement, and attachments referenced. The cost estimate included in this proposal is valid for at least 90 days from the submittal date. As Principal, Duncan Lee is authorized to bind contracts on behalf of PACE.

We are excited to have the opportunity to demonstrate our capabilities to work with the City to complete this Project, as this is the first step to designing and building a public infrastructure improvement project that we can all be proud of for years to come.

Sincerely,
Bashar Ishaq, PE Duncan Lee, PE
Sr. Electrical Engineer Principal, QA/QC Manager – Utilities Division 451
#C375 i
Table of Contents
Table of Contents .............................................................................................................................................................. i Background and Approach ............................................................................................................................................... 1 Project Understanding.................................................................................................................................................. 1 About PACE................................................................................................................................................................... 2 Methodology .................................................................................................................................................................... 3 Project Approach.......................................................................................................................................................... 3 Methodology ................................................................................................................................................................ 3 Work Plan ......................................................................................................................................................................... 4 Scope of Services.......................................................................................................................................................... 4 Assumptions................................................................................................................................................................. 4 Project Organization and Staffing..................................................................................................................................... 5 Project Management.................................................................................................................................................... 5 Organization Chart ....................................................................................................................................................... 6 Project Staffing and Roles............................................................................................................................................. 6 Subcontractor Firms..................................................................................................................................................... 8 Related Experience........................................................................................................................................................... 9 PACE Experience........................................................................................................................................................... 9 AESCO Experience ......................................................................................................................................................10 Project Schedule.............................................................................................................................................................11 Cost Data ........................................................................................................................................................................12 Statement of Compliance...............................................................................................................................................13 Appendix.........................................................................................................................................................................14 452
#C375 1
Background and Approach

PROJECT UNDERSTANDING
We understand the City requests to design two new 400-ampere (A) services to power existing street lighting and new power outlets on Avenida Del Mar for special event power. The scope also includes designing conduits for future fiber cables for the Community Center, as well as designing new electrical infrastructure (pull boxes) to allow for future expansion/improvements.

Preliminary Site Observations
The PACE team reviewed various exhibits provided by the City and developed a list of preliminary site observations that are noteworthy for consideration:
• The suggested conduit routing on Exhibit 1 shows the conduits running on the south side of Avenida Del Mar and shooting up to the north side of the street where the location of the new outlets is suggested. The gas line maps received from the city show the gas lines running on the south side of Avenida Del Mar. We suggest installing the conduits on the north side and crossing the street to the south side only, where the new power outlets will be located. See proposed Exhibit A. The benefit of this suggestion is that it avoids colliding with the existing gas lines.
• Depending on the anticipated power outlet load, one 400 A, 240/120-volt (V) service may be sufficient in addition to the existing 200 A service. PACE will confirm the required load during the feasibility study. If only one 400 A service is sufficient and the City agrees with that, the new 400A service can be installed on Avenida Del Mar and Ola Vista, feeding both blocks 100 and 200. Another benefit to this suggestion is that the conduit routing crossing expensive decorative paving is minimized, reducing the construction cost. See proposed Exhibit A.
• Multiple outdoor dining restaurants on Avenida Del Mar will be impacted during the construction phase. The restaurants will need to temporarily remove their outdoor seating. Additionally, dust and construction activities may disturb the businesses. To minimize the impact on the businesses, we suggest starting the construction in April 2025 and finishing before the busy summer months. • Although Avenida Del Mar is an important street for circulation, it is not an arterial. Furthermore, most proposed trenching activities will be adjacent to the curb and gutter, allowing at least one lane of travel during construction. Therefore, a common practice of deferring traffic control to the Contractor and utilizing the WATCH Manual is anticipated.
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#C375 2

ABOUT PACE
Pacific Advanced Civil Engineering, Inc. (PACE) is a specialized civil engineering firm headquartered in Fountain Valley, CA, dedicated to providing advanced water engineering solutions. We offer a wide range of technical and professional services related to water, wastewater, and stormwater management and water resource permitting and regulatory compliance to ensure projects are both economically viable and environmentally sustainable. PACE has an in-house team of electrical engineers who support our design projects, including power systems, cogeneration systems, and treatment plant optimization. PACE’s electrical team has designed numerous lighting systems in California in compliance with Title 24 requirements.

Capability Areas
PACE has an in-house team of electrical engineers that supports our wide variety of projects with specialized experience in critical components such as power system studies, cogeneration system design, and treatment plant optimization. PACE’s specific electrical capabilities include:
• Arc flash, short circuit, and coordination studies
• Preparing electrical construction drawings and specifications o Power and controls design
o Design/Code performance per National Electric Code (NEC), National Fire Protection Association (NFPA) 820, and other standards
o Electrical conformance to design intent
o California Title 24 compliance documentation
o AutoCAD development
• Electrical calculations and computer modeling
o Utility service / generator sizing
o Voltage drop calculations
o Wire ampacity / derating
o Demand load calculations
o Available fault current calculations
o SKM PTW32 electrical modeling (Power Tools for Windows) • Construction support services
• Review shop drawings and RFIs for conformance to construction plans • Develop supplemental engineering information
• Coordinate with manufacturers and utilities
• Startup and commissioning support
Clients gain from the direct
involvement of our principals, who
bring innovation, creativity, and
up-front value engineering to every
project.
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#C375 3
Methodology

PROJECT APPROACH
PACE has carefully considered the appropriate approach to execute this Project by reviewing the contents provided in the RFP, preliminary observations, and lessons learned from similar past and current projects. PACE will provide a cohesive team of engineers and subconsultants with extensive experience to tackle the City’s project objectives. PACE will meet challenges head-on by working with the City’s project manager to collaborate with others on this complex water well treatment project. Below are key methodologies to demonstrate our technical approach to deliver the Project.

METHODOLOGY
PACE will utilize the strategies below as the method to complete this Project.

Strategy 01 – Involve City O&M Staff Early and Often in Design Development The PACE team will utilize the City’s operations and maintenance experience to ensure that the final design aligns with the City’s expectations. PACE will meet with the City’s engineering team and the operations and maintenance (O&M) staff to understand and solidify the project objectives.

Strategy 02 – Data Collection
Data collection includes collecting any available data, including record drawings, locating existing underground utilities (an optional task done by BESS), and conducting site visits. PACE has already conducted a site visit to become familiar with the project location. This step is imperative because the data collected will be used in the feasibility study and the design. The more accurate the design, the less risk for change orders during construction.

Strategy 03 – Feasibility Study to Commit to the Most Viable Design Alternative and Alignment PACE’s Sr. Electrical Engineer and Sr. Civil Engineer will develop the feasibility study, which will include up to three viable options for the City’s review. PACE’s team will describe the advantages and disadvantages of the options, and the team will recommend an option to allow the City to make an informed decision. PACE’s objective will be to minimize the construction cost by, for example, reducing the number of services from two to one if possible and reducing the crossing of decorative pavement, and developing a reliable design with minimum need for maintenance. 455
#C375 4
Work Plan
PACE developed and organized the following tasks and subtasks to fulfill the requirements outlined in the RFP.

SCOPE OF SERVICES
Task 1 – Feasibility Study
Subtask 1.1 – General Communication Meetings
Subtask 1.2 – Collect and Study Existing Records
Subtask 1.3 – Develop Feasibility Alternatives
Task 2 – Design & Bid
Subtask 2.1 – General Communication Meetings
Subtask 2.2 – Field Verify Potential Utility Conflicts (GPR & EM) (Optional Task) (BESS Testlab)* Subtask 2.3 – Support the City with SDG&E Service Application Subtask 2.4 – 90% Design (plans, specifications, and cost estimate) Subtask 2.5 – 100% Design (plans, specifications, and cost estimate) Subtask 2.6 – Final Signed Plans, Specifications, and Engineer’s Estimate Subtask 2.7 – Pre-construction Engineering and Bid Support Task 3 – Construction
Subtask 3.1 – General Communication Meetings
Subtask 3.2 – Engineering Support During Construction (RFIs and Submittals) Subtask 3.3 – Electrical Field Inspection (PACE) (assumed 16 hours in the field) Subtask 3.4 – Civil Inspection (AESCO) (assumed 32 hours in the field) Subtask 3.5 – Coordination with SDG&E
Subtask 3.6 – Construction Management Services
*As an optional task, PACE proposes to include a subconsultant to locate the existing underground utilities during design to reduce the risks of the new design colliding with any undocumented underground utilities. PACE has obtained a quote from BESS Testlab for locating existing utilities using GPR and EM methods. The fixed fee for this task is presented in the fee breakdown.

ASSUMPTIONS
• If available, the City will provide the available base map of the previous design in AutoCAD to PACE, and PACE will assist the City in requesting record drawings from other utility providers to verify the existing site conditions.
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#C375 5
Project Organization and Staffing

PROJECT MANAGEMENT
The Project Manager coordinates all planning and design work with all subconsultants and staff. Regular meetings or teleconferences will be held with applicable Project Team members and consultants to coordinate engineering study and/or design issues. Meeting minutes will be kept and retained in project files.

Client Coordination
The Project Manager, Bashar Ishaq, will be the project’s primary contact with the client on contracting matters. All correspondence to the client, whether incoming or outgoing, will be through the Project Manager. The Project Manager will keep the client informed of the project's progress on a monthly basis unless otherwise indicated in the work plan or contract work scope.

Subconsultant Management
Agreements with our subconsultants will be followed by detailed task orders delineating the budget, schedule, and scope. These task orders will be monitored for progress and compliance. We will track the resources and the costs against the planned targets to ensure the resources are efficiently employed. Our working history with subconsultants and the skill of our subconsultant team provide the basis for a well-managed project delivery.

Budget Control
Engineering costs will be controlled by frequent monitoring and early identification of any scope/design change affecting project costs. Construction cost estimates will be developed based on the preliminary design effort and using current costs for construction materials and techniques based on our recent/current experience and costing indexes.

The estimate will then be compared to the City’s budget expectations and if a gap is present, discussions will take place to determine if value engineering or other actions are necessary. Invoicing will follow City guidelines established at the start of each project. All invoices are reviewed by the Project Manager for accuracy and compliance prior to submittal to the City.

Work Location
All PACE project management efforts will be coordinated out of our headquarters office in Fountain Valley, CA. Regular coordination meetings will occur at City offices, or using one of the many meeting and coordination resources we have available such as Teams or Zoom (video conferencing), which allow us to minimize budget for travel and meetings.

However, in-person meetings will be encouraged at critical project durations (kick-off, conclusion of conceptual design, final design submittals, public outreach / agency coordination meetings, etc.).

Project Scheduling
PACE will use the MS Project scheduling system to continuously monitor project costs, labor, and progress. We will develop a conceptual milestone schedule based upon anticipated needs of the project and major task items. With each monthly progress report, PACE will submit an updated 4-week horizon schedule reflecting planned work. PACE will promptly notify the City of any changes in anticipated project progress and will submit an updated project schedule to the City.
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#C375 6

ORGANIZATION CHART

PROJECT STAFFING AND ROLES
Bashar Ishaq, PE, PMP, MBA – Project Manager/Sr. Electrical Engineer/Construction Manager (50% available) Bashar Ishaq is an established Electrical Engineer
with 10+ years of hands-on experience in industrial
plant facilities. Mr. Ishaq’s key areas of experience
are power distribution design, project planning, final
commissioning in wastewater and petrochemical
plants, and power system studies. His unique
expertise includes electrical design for lighting,
switchgear, motor control centers (MCC), motors,
uninterruptible power supply (UPS), and low-voltage substations. Additionally, he specializes in developing power system studies, including arc flash, short circuit, and protective device coordination studies. Recognized as a reliable and trustworthy subject matter expert, Mr. Ishaq has been granted direct access to customer facilities, where he has provided field engineering services for projects in the construction phase by directly implementing his electrical design knowledge and experience, resulting in significant project cost and time savings. Mr. Ishaq has also served as Project Engineer for a $40 million multi-disciplinary project, with primary responsibilities including managing cross-functional stakeholders and leading the development of a needs assessment report with a team of engineers.

RESPONSIBILITIES: Mr. Ishaq will be the main point of contact with the City. His responsibilities include managing the project schedule and budget, developing the electrical design, and managing PACE’s subcontractor.  10+ years of experience
 M.S. Business Administration
and Business Analytics
 B.S. Electrical Engineering
 Professional Engineer
 ICC Commercial Electrical
Inspector
458
#C375 7
Duncan Lee, PE – Contract Manager (25% available)
With a combined 30 years of municipal / public
agency experience with drinking water and recycled
water, including most recently 17 years as a
Principal Civil Engineer for the City of Huntington
Beach and nearly 10 years of experience with the
Los Angeles Department of Water and Power
(LADWP), Duncan Lee offers technical expertise on
engineering of municipal water infrastructure in
both the design role and the City project management role. He has managed all aspects of water, sewer, and recycled water systems, such as capital improvement design and project implementation, master planning, rate studies, rate increases, water conservation, and construction management. The majority of the projects that he managed / designed were performed for coastal cities throughout California. He imparts strategies to overcome key potential project issues, and his value is most felt in his proven ability to unite engineering, operation, maintenance, and consultants in a productive and collaborative environment. Duncan’s extensive public right-of-way improvements with pipeline projects on busy roadways have equipped him with a solid understanding of how to approach alignment selection as well as post-trenching restoration. His recent project experience includes project management, water and sewer master planning, asset management planning, cost estimating, and design of water and sewer improvement projects including wastewater collection systems, sewer pump stations, potable water pumping facilities, force main improvements, sewer diversions, water storage facilities, and potable water treatment facilities. He has extensive experience managing multidisciplinary teams and managing large-scale programs with numerous simultaneous efforts.

RESPONSIBILITIES: Mr. Lee’s responsibilities include periodic billing to the City and managing potential change orders.

He will also perform quality assurance/quality control for the civil portion of the project.

Robert Murphy, PE – Civil Engineering Design (50% available) Robert Murphy has Civil Engineering experience
spanning back to 2006. He has performed
engineering design and support in several areas,
including water and wastewater treatment, well
equipping, water conveyance and distribution, and
surveying. Mr. Murphy is adept at providing
comprehensive civil and mechanical designs that are
inventive, cost-effective, and practical. His
experience also includes process equipment selection, construction administration, and coordinating project plans, specifications, and reports with multiple consultants to obtain an efficient, buildable, and operable system. He also has significant construction oversight experience, which has led him to focus on constructability in his design strategy, leading to straightforward layout and processes. His recent experience includes several potable water pumping facilities and other advanced pumping facilities, as well as water and wastewater treatment systems for municipalities and communities throughout California.

RESPONSIBILITIES: Mr. Murphy will perform the civil engineering portion of the design.  35 years of experience
 B.S. Civil Engineering
 Professional Engineer
 Extensive municipal and public
agency experience
 18 years of experience
 B.S. Civil Engineering
 Professional Engineer
 Comprehensive civil and
mechanical expertise and
construction administration
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#C375 8
Richard Sulu – Electrical Engineering Design/Electrical Inspection (50% available) Richard Sulu has over 13 years of experience as a
certified journeyman electrician and electrical
foreman. His career has been deeply rooted in both
practical hands-on work and theoretical knowledge.

He has led successful execution of large-scale
electrical projects in commercial and industrial
sectors, ensuring their successful planning and
deployment on construction sites. Furthermore, his
proficiency in wiring, troubleshooting, and installing temporary power, motors, motor control, automated transfer switch (ATS), and UPS systems has been instrumental in delivering high-quality workmanship and meeting project objectives. As a foreman and electrician, Richard has installed and inspected numerous underground conduits for various electrical systems and equipment.

RESPONSIBILITIES: Mr. Sulu will perform the electrical design portion and the electrical field inspection during construction. He will inspect the wire insulation testing, street lighting control, and conduit installation.

SUBCONTRACTOR FIRMS
AESCO – Civil Inspection (50% available)
PACE will utilize a subcontractor to perform the required civil inspection and testing. The civil inspection heavily depends on the contractor’s work method, progress, and speed. Based on the project scope and location, we have assumed that the civil inspector needs 4 working days on-site. If the civil inspector does not use all hours assumed, the unused budget will be relocated to other tasks in need or counted as credits for the City. If more than 4 working days are required for the civil inspector, PACE will request a change order for the additional days exceeding 4 working days.
 13 years of field experience
 B.S. Electrical Engineering
 Journeyman Electrician License
 AutoCAD, SolidWorks, Revit,
MATLAB, Etap, and PLC skills
460

BASHAR ISHAQ, PE, MBA, PMP
PROJECT MANAGER / SR. ELECTRICAL ENGINEER / CONSTRUCTION MANAGER Bashar Ishaq is an internationally established Electrical Engineer with 10+ years of hands-on experience in global industrial plant facilities. Bashar’s key areas of experience are power distribution design, project planning, final commissioning in wastewater and petrochemical plants, and power system studies. His unique expertise includes electrical design for lowvoltage power distribution systems, including switchgear, motor control centers (MCCs), generators, motors, uninterruptible power supply (UPS), and substations. Additionally, he specializes in developing power system studies, including arc flash, short circuit, protective device coordination, and harmonic studies. Recognized as a reliable and trustworthy expert, Mr. Ishaq has been granted direct access to customer facilities, where he has provided field engineering service for projects in the construction phase by directly implementing his electrical design knowledge and experience, resulting in significant project cost and time savings. Mr.

Ishaq has also served as Project Engineer for a $40 million multi-disciplinary project, with primary responsibilities including managing cross-functional stakeholders and leading the development of a needs assessment report with a team of engineers. In addition to being a strategic problem-solver, Mr. Ishaq prides himself on his vast knowledge of safe working practices and potential hazards in operating plant environments and construction.

Phase III Expansion of Lathrop Consolidated Treatment Plant – Lathrop, CA Mr. Ishaq is serving as Sr. Electrical Engineer for the Phase III facility expansion from 2.5 to

4.0 million gallons per day (MGD). His scope of services includes designing the electrical low-voltage power system expansion, the power and controls for 35+ low-voltage motors, a new 2,000 A, 480 V motor control center and creating all electrical calculations, including demand load, short circuit, voltage drop, and cable and conduit sizing.

City of Patterson Wastewater Treatment Plant Expansion – Patterson, CA Mr. Ishaq designed an expansion of an existing 1.75 MGD wastewater treatment plant’s power distribution and control systems. The design included a new power utility service (480 V, 1,600 A), new low-voltage switchgear, a low-voltage motor control center, 20+ motors, a standby generator, and other miscellaneous systems. Additionally, Mr. Ishaq interfaced with the power utility and completed the application for the new service with all the required documents per the utility requirements on behalf of the client.

West County Wastewater Water Quality and Resource Recovery Plant (WQRRP) Arc Flash, Short Circuit, and Coordination Study – Richmond, CA Mr. Ishaq developed an arc flash, short circuit, and protective device coordination study for the West County Wastewater Plant. The data in the study was 100% verified in the field for the

12.5 MGD wastewater treatment plant. The scope of the study included data collection in the field, modeling in SKM, confirmation of calculations, and writing the report of findings and recommendations.

Vallejo Waste Treatment Plant System Upgrades Project for the Arc Flash and Coordination Study – Vallejo, CA
The scope of this project included developing an arc flash and coordination study for the Vallejo Waste Treatment Plant and its 40 pump stations. Serving as Electrical Engineer, Mr. Ishaq managed the project and performed the study, which included field verification and data collection, modeling in SKM, confirmation of calculations, and writing the report of findings and recommendations.

Hamilton Cove Sewer Lift Station Renovation – Avalon, CA PACE was hired by the Hamilton Cove Home Owners Association (HOA) to renovate the existing sewer lift station and provide new improvements to increase the reliability, service life, and operational flexibility of the pump station. PACE is responsible for the design of the sewer lift station including a power utility service, low-voltage MCC, and four low-voltage motors. As

EDUCATION
MS Business Analytics
Hult International Bus. School – 2021
MS Business Administration
Hult International Bus. School – 2020
BS Electrical Engineering
University West – 2014

YEARS OF EXPERIENCE
10+ Years
Joined PACE in 2023

REGISTRATIONS
Professional Electrical Engineer / CA
24590
ICC Commercial Electrical Inspector
#9916237
Project Management Professional
#3010684
OSHA 10
OSHA Confined Spaces
Safe Electrical Work Practices (NFPA)
NFPA 70: National Electrical Code
461

BASHAR ISHAQ, PE, MBA, PMP
PROJECT MANAGER / SR. ELECTRICAL ENGINEER / CONSTRUCTION MANAGER - 2 -
Sr. Electrical Engineer, Mr. Ishaq is providing electrical engineering support throughout the design, reviewing and approving the electrical plans and calculations, and stamping and signing the electrical plans.

Voorhees Sewer Collection and Sewer Lift Station Upgrade – Manhattan Beach, CA As part of the City of Manhattan Beach’s Wastewater Master Plan, the City identified the need to provide major rehabilitation for their Voorhees Avenue Wastewater Pump Station (VPS). The VPS consists of a wet well and dry well subgrade concrete structure housing the mechanical and a portion of the electrical equipment, with the site located adjacent to a residential property. Electrical improvements for this project include upgrades to the power utility service, low-voltage motor control center, and two low-voltage motors. Mr. Ishaq, serving as the Sr. Electrical Engineer, is providing electrical engineering support throughout the design, creating all electrical calculations including demand load, short circuit, voltage drop, and cable and conduit sizing, and reviewing and approving the final electrical design and specifications.

DL Ranch Booster Pump Station – Lake Havasu City, AZ
Mr. Ishaq served as Sr. Electrical Engineer for a new booster pump station including a power utility service, low-voltage MCC, and 5+ low-voltage motors. His scope included providing electrical engineering support throughout the design; creating all electrical calculations, including demand load, short circuit, voltage drop, and cable and conduit sizing; and reviewing and approving the final design and specifications.

Nighthawk Estates Booster Pump Station – Palm Desert, CA PACE was hired to perform final design and construction engineering services for the Nighthawk Booster Pump Station infrastructure to add to Coachella Valley Water District’s (CVWD’s) existing water system. PACE was responsible for the design of the power utility service, low-voltage motor control center, lighting, and other miscellaneous loads. As Sr. Electrical Engineer, Mr. Ishaq is providing electrical engineering support throughout the design, creating all electrical calculations including demand load, short circuit, voltage drop, and cable and conduit sizing, and reviewing and approving the final electrical design and specifications.

System Upgrades Project for the Moccasin Powerhouse – Moccasin, CA The powerhouse has two hydroelectric generators rated 57.5 MVA and two generator step-up autotransformers rated 72 MVA, 230/115 kV-13.8 kV, providing electricity through four transmission lines. This multi-disciplinary project’s goal is to upgrade the balance of the plant (supporting/auxiliary) systems/equipment for the City and County of San Francisco. The scope includes upgrading a 13.8 kV switchgear, seven low-voltage MCCs, a direct current (DC) auxiliary system, two excitation systems, one main control board, grid protection and control, one cooling water system, two heating, ventilation, and air conditioning (HVAC) systems, and two fire suppression systems. The project commenced in 2021 and is expected to be commissioned in 2027. Mr. Ishaq served as Assistant Project Engineer during the initial project planning phase and needs assessment. Responsibilities included leading meetings, conducting site visits, spearheading stakeholder collaboration, and developing a needs assessment report with a cross-functional team of engineers.

North Shore Pump Station Wet Weather Improvements – San Francisco, CA This project replaced four 350-horsepower (HP) dry weather pumps with larger capacity units so that they were capable of pumping redundant capacity during wet weather. The project also included upgrades to the MCCs and distributed control system (DCS). Mr. Ishaq provided field inspection support to verify contract document and code compliance during construction, startup, and commissioning phases and witnessed performance field tests to ensure that tests were carried out per the International Electrical Testing Association (NETA), National Electrical Code, and the contract requirements.

Oceanside Water Pollution Control Plant WW-639 Digester Gas Utilization Upgrades – San Francisco, CA The objective of this project was to sequentially remove, replace, and upgrade existing deficient and deteriorated digester biogas internal combustion cogeneration systems. The project team provided support during construction, startup, and commissioning phases and witnessed performance field tests to ensure that tests were carried out per NETA and contract requirements. Additional construction management duties included key participation in construction meetings, review and approval of force account reports, and evaluation of change order requests proposed by contractors. The electrical work for the project included electrical power system upgrades, new MCC and electrical substation, lighting system upgrades, packaged standby diesel engine generator assembly, diesel fuel leak monitoring system, modification of fixed gas monitoring system, and instrumentation and controls work. Serving as Electrical Inspector/Field Engineer, Mr. Ishaq’s specific responsibilities for this project included field inspection of electrical equipment and providing engineering services in the field for all electrical equipment involved in the project. 462

DUNCAN LEE, PE

CONTRACT MANAGER
With a combined 30 years of municipal/public agency experience, including 17 years as a Principal Civil Engineer for the City of Huntington Beach and 10 years of experience with the Los Angeles Department of Water and Power (LADWP) with drinking water and recycled water, Duncan Lee offers technical expertise on the engineering of municipal water infrastructure in both the design role and the City project management role. He has managed all aspects of water, sewer, and recycled water systems, capital improvement design and project implementation, master planning, rate studies, rate increases, water conservation, and construction management. He will impart several strategies to overcome key potential project issues, and his value is most felt in his proven ability to unite engineering, operation, maintenance, and consultants in a productive, collaborative environment. His recent project experience includes project management, water and sewer master planning, asset management planning, cost estimating, and design of water and sewer improvement projects, including potable water force main improvements, potable water pumping facilities, water storage facilities, potable water treatment facilities, wastewater collection systems, sewer pump stations, and sewer diversions. He has extensive experience managing multidisciplinary teams and large-scale programs with numerous simultaneous efforts.

Pacific Avenue Sewer Lift Station Replacement – Manhattan Beach, CA PACE was contracted by the City of Manhattan Beach to provide recommendations and design options for upgrades identified in the City’s Wastewater Master Plan. The City was concerned about the reliability of the Pacific Avenue Wastewater Pump Station (WWPS), an aging system constructed in 1953 with minor retrofits in 1997. The existing lift station consists of a subgrade concrete structure located on a lot of less than 500 square feet immediately adjacent to a residential property, posing significant challenges to any rehabilitation plan. Based on an evaluation of influent flow data and local topography, PACE determined that the lift station could be replaced with 800 feet of 12-inch gravity pipe, eliminating long-term pump station operating costs for the City. Mr. Lee served as Project Manager for these improvements and was responsible for the street and sidewalk restoration after removal of the pump station.

Poinsettia Sewer Collection and Sewer Lift Station Upgrade – Manhattan Beach, CA As part of the City of Manhattan Beach’s Wastewater Master Plan, the City identified the need to provide major rehabilitation for their Poinsettia Avenue WWPS. The lift station consists of a wet well and dry well subgrade concrete structure housing the mechanical and a portion of the electrical equipment, and the site is located adjacent to a residential property and directly in the driveway to a local church. PACE recommended replacing the existing lift station with a new wet well / dry well system using two 2.7-horsepower Flygt submersible-style pumps installed in a wet well, all new mechanical and electrical equipment, 120 feet of new 4-inch force main, odor control equipment, integration of a new natural gas-fueled standby generator, general site improvements with functionality and aesthetics as top priorities, and phasing of the construction to minimize cost impacts with a bypass pumping system. Mr. Lee served as Project Manager and was responsible for street and sidewalk restoration after the replacement of the system.

Voorhees Sewer Collection and Sewer Lift Station Upgrade – Manhattan Beach, CA As part of the City of Manhattan Beach’s Wastewater Master Plan, the City identified the need to provide major rehabilitation for their Voorhees Avenue WWPS. The lift station consists of a wet well and dry well subgrade concrete structure housing the mechanical and a portion of the electrical equipment, and the site is located adjacent to a residential property. Outside of the wet well expansion, other recommended upgrades included converting the dry pit pumps to two 12-horsepower Flygt submersible-style pumps installed in a wet well, repurposing the existing vault structure, installing all new mechanical and electrical equipment, 1,200 feet of new 6-inch force main, adding odor control equipment, integration of a new natural gas-fueled standby generator into the upgrades, general site improvements with functionality and aesthetics as top priorities, and phasing of the construction to minimize cost impacts with a bypass pumping

EDUCATION
BS Civil Engineering
California State University,
Long Beach – 1985

YEARS OF EXPERIENCE
35 Years
Joined PACE in 2018

REGISTRATIONS
Professional Engineer / CA 44825
463

DUNCAN LEE, PE

CONTRACT MANAGER
- 2 -
system. Mr. Lee served as Project Manager and was responsible for the street and sidewalk restoration for the area next to the residential property.

City of Seal Beach Lampson Wellhead Treatment and Sewer Siphon – Seal Beach, CA The Lampson Water Well produces up to 4,000 gpm and is one of the City of Seal Beach’s four water wells. Historically high hydrogen sulfide (H2S) concentration levels have caused the well to be underutilized, operating at low flow rates to avoid odor complaints. As the Project Manager, Mr. Lee led the pilot testing and design of a biological treatment process using GAC to remove H2S odor and reduce chlorine chemical dosage, and the design allows for future incorporation of per- and polyfluoroalkyl substances (PFAS) treatment.

Wastewater generated by backwashing the filter vessels will be discharged to the existing sewer system. PACE also designed an inverted sewer siphon to increase flow capacity through an existing choke point.

Pico/Presidio DIP Replacement Gateway Village Plaza – San Clemente, CA The City of San Clemente (City) owns and operates the distribution system located in the Gateway Village Plaza parking lot. The existing 8-inch diameter ductile iron pipe (DIP), installed around 1980, has experienced numerous leaks, likely caused by the corrosive properties of the soil and poor subsurface drainage from excessive irrigation. Mr. Lee is serving as the project manager and providing the design for the replacement of approximately 2,000 linear feet of the water mains and appurtenances using PVC pipe. Three sections of the pipe network will be rehabilitated through slip-lining to protect private on-site elements such as planter boxes, retaining walls, and decorative concrete pavement. PACE provided potential pipe alignments and suggestions to extend the useful life of new pipes, met all project needs, and overcame site constraints.

Larsson Street Booster Pump Station Upgrade – Manhattan Beach, CA The City of Manhattan Beach needed to increase potable water delivery capacity and reliability for the Hill Area Pressure Zone (HAPZ) for potable and fire flow needs. PACE was hired to evaluate the condition of the pumping facility, determine the flow capacity of the associated delivery lines, and design a capacity expansion to increase capacity from 1,500 to 4,400 gallons per minute (gpm) through the use of four 40-horsepower centrifugal pumps. The upgraded design consists of four pumps with vertically mounted end suction pumping equipment and modern motor controllers to increase the delivery capacity while maintaining a small footprint within the existing vault. PACE developed a 3D model of the design to demonstrate that the vault had adequate space for the new pumps. An extensive flow study of the HAPZ determined that the existing pipe network was adequately sized to meet the required fire and domestic demands, therefore saving the City significant money and time by eliminating the need to design and replace water mains. Mr. Lee served as Project Manager and will be responsible for street and sidewalk restoration after the capacity expansion takes place.

PCH and Topanga Beach Drive Waterline Improvements – Malibu, CA PACE is performing engineering design services to provide waterline improvements for the Pacific Coast Highway and Topanga Beach Drive Waterline Improvement project. The project will consist of four segments of 8-inch pipe, spread over a 5-mile stretch, totaling

1.6 miles in two pressure zones (160' and 325') to replace the existing old and undersized 4-inch and 6-inch waterlines with 8-inch pipe to increase fire protection capacity and resiliency. As the Project Manager, Mr. Lee leading the project responsibilities which include determining the number of new pipes and their diameters, selecting the most viable pipe material in the event of earthquake and landslide, structural pipe anchors at tie-in points to provide stability when connected with older pipe, cathodic protection to extend the new pipe useful life significantly, and construction phasing to minimize disruption of water services and fire hydrants.

Vernon Well 22 Waterline Improvements and Treatment System – Vernon, CA As the Project Manager, Mr. Lee prepared plans and specifications for the City of Vernon so their newly drilled water well can provide up to 2,100 gpm of potable well water into their existing distribution system. PACE suspected that 2,000 feet of the existing cast iron distribution piping, to which the new 12-inch discharge would connect, had tuberculation and will create excess pressure buildup if the new well operated at full capacity. PACE implemented a physical flow test and validated that the existing pipe lost over half of its capacity.

As a result, the existing 10-inch cast iron pipe was replaced with a new 12-inch ductile iron pipe. The site layout is also able to accommodate steel treatment tanks for wellhead treatment. 464

ROBERT MURPHY, PE

CIVIL ENGINEERING DESIGN
Robert Murphy has Civil Engineering experience spanning back to 2006. His experience includes design of water treatment, storage, and distribution design, sewer collection and wastewater treatment plants, and potable / sewer / stormwater / reclaimed pump stations. Mr.

Murphy has also served as the resident engineer for the construction of several wastewater treatment facilities, water distribution, and sewer collection and pump station projects. He has developed several performance-based equipment specifications for equipment selection prior to design, and the creation of operation and maintenance manuals for several water and sewer conveyance and treatment systems and facilities. Mr. Murphy is adept in coordinating project plans, specifications, and reports with multiple consultants to obtain an efficient buildable and operable system.

City of Manhattan Beach Sewer Lift Stations and Force Main Replacement Projects – Manhattan Beach, CA
Mr. Murphy is serving as the Pumping System / Sr. Project Engineer providing mechanical design for three sewer force mains and three sewer lift stations for the City of Manhattan Beach, including Pacific Avenue Wastewater Pump Station (WWPS), Poinsettia Avenue WWPS, and Voorhees WWPS. These lift stations and force mains were originally constructed in the early 1960s, with mechanical and electrical upgrades implemented around the mid-1990s, and the facilities are now approaching the end of their useful lives. The City is concerned with the reliability of these aging systems, further exacerbated by frequent power outages. PACE determined that, as an alternative to improving the Pacific Avenue WWPS, the station could be replaced with 800 linear feet of 12-inch gravity pipe. Upgrades at the Voorhees WWPS include approximately 1,200 linear feet of 6-inch force main, and the Poinsettia Avenue WWPS will be upgraded with 120 linear feet of 4-inch force main and 80 linear feet of 8-inch gravity pipe. All three lift stations are located in sensitive areas, including in front of or adjacent to homes and in a driveway to a local church.

Irvine Cove Sewer Lift Station Emergency Power Generator Installation Project – Laguna Beach, CA
Mr. Murphy served as the Sr. Project Engineer providing design and bid documents to install a new emergency/standby power generator at the Irvine Cove Sewer Lift Station, which serves roughly 2,500 residents with municipal sewage collection and pumping. The new generator installation increases continuous power reliability and eliminates public health / environmental contamination concerns from sewage spills. Mr. Murphy also assisted with the permitting and approvals required for construction, including California Environmental Quality Act (CEQA) approval, California Coastal Commission (CCC) Coastal Development Permit, SoCalGas fuel feed approval and permitting, and South Coast Air Quality Management District (SCAQMD) Permit to Construct / Permit to Operate. With the installation contained in an underground vault, the generator creates minimal noise and has no visual impact on the view along the beachfront properties.

City of San Clemente Main Pump Station Rehabilitation – San Clemente, CA Mr. Murphy served as Sr. Project Engineer to perform final engineering design and services during construction of the City of San Clemente’s 16 MGD Main Pump Station. The renovation design addressed frequent clogging of the pumps and improved the pump station’s overall reliability. Along with mechanical, structural, and ventilation upgrades, Mr. Murphy provided an improvement design for the station’s electrical equipment. This included replacement of the station’s VFDs, MCC equipment, and outdated emergency generator with a 450 kW, dieselengine driven generator, with a Critical / Level 2 Sound Enclosure fabricated out of aluminum for corrosion protection in the marine environment. As part of the plans, PACE prepared 3D drawings, which provided the project team with a “real” and accurate view of how the new equipment would fit in the tight, partially underground setting. The design also considered

EDUCATION
BS Civil Engineering
California State University,
Long Beach – 2007

YEARS OF EXPERIENCE
18+ Years
Joined PACE in 2006

REGISTRATIONS
Professional Engineer / CA 83207

AFFILIATIONS
Water Environment Federation (WEF)
American Society of Civil Engineers
(ASCE)

PUBLICATIONS
Peterson, J.D., Murphy, R.R., Jin, Y.,
Wang, L., Nessl, M.B., Ikehata, K.
(2011) Health effects associated with
wastewater treatment, reuse, and
disposal. Water Environment Research
83:10, 1853-1875.
465

ROBERT MURPHY, PE

CIVIL ENGINEERING DESIGN
- 2 -
ventilation, sound, and safety, specifically with the generator being installed within the belowground operations area of the pump station.

Los Molinos Lift Station Generator Replacement – San Clemente, CA Mr. Murphy served as the Sr. Project Engineer to provide sizing and upgrade design for the replacement of the generator in the 4.6 MGD Los Molinos Sewage Lift Station. This generator provides backup power for the three identical raw sewage dry-pit type 100 HP pumps.

The sizing included several scenarios that were discussed with the City to narrow down the best approach and size for the replacement generator. Given the exposure settings, with the new outdoor generator being located within close proximity to a marine and residential environment, the design included recommendations for sound mitigation and a corrosion-resistant enclosure. PACE also selected the 275 kW generator based on equipment that is pre-certified with the SCAQMD to streamline the permitting process.

San Clemente Wastewater Treatment Plant Upgrades – San Clemente, CA Mr. Murphy served as the Sr. Project Engineer or Project Manager and coordinator of the engineering design for several plant improvement projects on the City of San Clemente’s 7.2 MGD facility in response to aging equipment and operational challenges. Mr.

Murphy performed preliminary design, equipment selection / procurement using performance-based specifications, final design and integration of the new blower system within the City’s existing DO control system. The new blower system produced a 15% reduction in the plant’s power use, reducing annual energy consumption by over 650,000 kW/hrs per year and reducing demand charges by 75 kW per month, netting $130K in annual energy savings. He also provided the BNR process assessment, designed the sludge dewatering and cake handling process upgrades, sludge thickening process upgrades, and provided plans for the emergency generator replacement.

City of Laguna Beach Anita Street Sewer Lift Station and Beach Access Stairs Project – Laguna Beach, CA The City of Laguna Beach’s Anita Street Sewer Lift Station, servicing an average daily flow of up to 80,000 gallons per day, is at the end of its useful service life and in need of an upgrade to ensure ongoing reliable operation. Situated at the end of Anita Street, the lift station infrastructure shares its site with the public beach access stairs, leading down to Anita Street Beach. The existing site layout with the lift station limits public viewing along this beach access corridor, which this area was intended to provide; in addition, the stairs and site amenities are showing signs of deterioration and need improvements and replacement. As the Sr. Project Manager, Mr. Murphy developed plans and refined site renderings for the new lift station and the improved beach access stairway. The lift station improvements will provide City staff with better maintenance access, reliability, an increased wet well capacity, and integrated aesthetics.

City of Santa Paula Water Recycling Facility Water Pipeline Off-Site Utilities – Santa Paula, CA PACE served as the Engineer of Record to replace the existing facility with a new 4.2 MGD Water Recycling Facility (WRF) and percolation system. The new facility is a state-of-the-art 4.2 MGD membrane bioreactor (MBR) treatment facility to meet wastewater flow projections through the year 2025. As part of the treatment system, a 0.2 MGD effluent reverse osmosis desalination system with an 8- inch water pipeline and elements was also designed. Mr. Murphy served as the Project Engineer for the water pipeline elements of the off-site utilities.

Fire Camp #16 – Potable Water Infrastructure Rehabilitation/Replacement – Sylmar, CA As part of the replacement design of over 10,000 feet of an existing corroded potable water main feeding Fire Camp 16, Mr. Murphy served as the Project Engineer to coordinate the geophysical survey and potholing efforts with a ground and aerial survey team to locate the existing utilities and establish a new alignment for the replacement pipeline along a major road. PACE then designed a new 6-inch potable water force main between the existing booster station and the Fire Camp 16 potable water storage tanks to effectively replace the existing corroded line. The pipeline was designed to parallel the existing force main to utilize existing easements and minimize environmental impacts during construction.
466

RICHARD SULU

ELECTRICAL ENGINEERING DESIGN / ELECTRICAL INSPECTION
Richard Sulu has over 13 years of experience as a certified journeyman electrician and electrical foreman. His career has been deeply rooted in both practical hands-on work and theoretical knowledge. He has led successful execution of large-scale electrical projects in commercial and industrial sectors, ensuring their successful planning and deployment on construction sites. Throughout his career and education, he has honed his skills in various programs and platforms, including AutoCAD, SolidWorks, Revit, MATLAB, Etap, and programmable logic control (PLC), and this integration of theoretical and practical application has consistently contributed to the seamless implementation of innovative electrical solutions.

Furthermore, his proficiency in wiring, troubleshooting, and installing temporary power, motors, motor control, automated transfer switch (ATS), and uninterruptible power supply (UPS) systems has been instrumental in delivering high-quality workmanship and meeting project objectives.

Poinsettia Sewer Collection and Sewer Lift Station Upgrade – Manhattan Beach, CA As part of the City of Manhattan Beach’s Wastewater Master Plan, the City identified the need to provide major rehabilitation for their Poinsettia Avenue WWPS. The lift station consists of a wet well and dry well subgrade concrete structure housing the mechanical and a portion of the electrical equipment, and the site is located adjacent to a residential property and directly in the driveway to a local church. PACE recommended replacing the existing lift station with a new wet well / dry well system using two 2.7-horsepower Flygt submersible-style pumps installed in a wet well, all new mechanical and electrical equipment, 120 feet of new 4-inch force main, odor control equipment, integration of a new natural gas-fueled standby generator, general site improvements with functionality and aesthetics as top priorities, and phasing of the construction to minimize cost impacts with a bypass pumping system. Mr. Sulu served as Electrical Engineer for the project.

City of Patterson Wastewater Treatment Plant – Patterson, CA PACE is collaborating with the City of Patterson to expand their Wastewater Quality Control Facility (WQCF) to meet current and future needs of reliability and treatment capacity. The existing facilities were plagued by aging equipment and excessive maintenance requirements.

PACE is designing upgrades to this facility which will consist of ultra-fine screens, membrane bioreactor (MBR) equipment, increased north ditch performance, aeration and MBR blowers, and disinfection for all recycled water, resulting in a well-functioning and easy-to-operate facility.

Originally, the City had three systems that totaled approximately 1.75 million gallons per day (MGD). This new design will provide an additional 1.25 MGD with the new system. The sludge system is also being upgraded with a new screw press, rotating sludge cake conveyor, winter storage, and summer sludge spreading grounds. As Electrical Engineer, Mr. Sulu assisted with design of the new power distribution and control systems for the facility. The design included a new power utility service (480 V, 1,600 A), new low-voltage switchgear, a low-voltage motor control center, 30+ motors, a standby generator, and other miscellaneous systems.

Coordination with the local power utility ensured a complete and timely application for the new utility service.

Sweetwater Authority Iron and Manganese Well Treatment System – National City, CA The Sweetwater Authority in southern San Diego County sought to remove color from the drinking water within the National City area, which was caused by iron and manganese in three major supply wells. PACE completed a 3-month pilot project using five different treatment trains for oxidative filtration of iron and manganese. The train consisting of “Greensand Plus,” or manganese dioxide-coated sand, achieved treatment consistently to less than 5 parts per billion. By removing iron particles about 0.45 micrometers in size, accumulation in the drinking water system in National City will be substantially reduced. The system includes backwash recovery to save water loss from backwash. Mr. Sulu is serving as Electrical Engineer for the

EDUCATION
BS Electrical Engineering
California Institute of Technology –
2022

YEARS OF EXPERIENCE
13 Years
Joined PACE in 2024

REGISTRATIONS
Journeyman License
Transportation Worker Identification
Credential (TWIC)
OSHA 30
OSHA 10
467

RICHARD SULU

ELECTRICAL ENGINEERING DESIGN / ELECTRICAL INSPECTION
- 2 -
full-scale design, which integrates the proposed final treatment system into the existing site with a new booster pump skid and on-site water quality analyzers. PACE also provided drinking water permitting and approval assistance.

Menlo Country Club Wastewater Treatment System – Woodside, CA PACE developed a new water recycling treatment system concept for Menlo Country Club that overcomes the challenges of providing cost-effective water recycling treatment at a small scale. The hybrid water recycling treatment system features a fully customized design with concrete water tanks, enclosed equipment, and expandability without duplicating the entire treatment system. The system features primary, secondary, and tertiary treatment, meeting California Title 22 reuse standards. Additionally, the system is designed for fully automated operations using standard electronics that are networked together, eliminating costly and complicated customary control systems typical for the water/wastewater industry. This treatment system delivery approach is more cost-effective and visually pleasing than traditional approaches to treating small wastewater flows for recycling, producing a sustainable solution to address water supply needs.

Chino Valley WRF Capacity and Expansion Evaluation and Design – Chino Valley, AZ Although the Chino Valley WRF was satisfying the current permit requirements, the Town of Chino Valley recognized a risk of violation with current flow conditions due to daily periods of high inflow and operation at or above industry standard, occasionally reaching 80% of the 0.5 MGD design capacity. As a result, the biological loading rates consistently exceeded the design loading rates for the facility, and the secondary treatment process struggled to achieve the permitted limits for total nitrogen. PACE performed numerous evaluations and recommended several minimum improvements across multiple proposed alternatives for flow/load equalization or additional hydraulic and biological capacity to meet current and near-term conditions based on the results of the hydraulic and biological capacity studies.

Mr. Sulu served as Electrical Engineer while PACE provided funding assistance, design, and permitting services for the recommended improvements.

Tracy Lakes Design and Construction – Tracy, CA
PACE has been providing engineering services for a proposed development in Tracy, CA, for the past 10 years. By calculating capture volumes and flood impacts for 10-year and 100-year storm events, PACE refined the lake design, including grading of the lakes and adjacent areas, evaluation of flood impacts and level of flood protection provided to surrounding properties, and design of a sediment management system using hydrodynamic separators and wetland planters. Three lakes, Lake C (Lower Lake) at approximately 2.75 acres, Lake F (Middle Lake) at 2.5 acres, and Lake G (Upper Lake) at 3.75 acres, were included in the stormwater management plan for the site to fulfill the City’s Stormwater Standards Manual requirements. The lake system will function as a wet pond with extended stormwater retention to reduce peak stormwater runoff flow rates and provide treatment and hydromodification control. As Electrical Engineer, Mr. Sulu assisted with preparing construction plans for Lake C, including lake grading, recirculation piping, aeration, utility requirements, stream and waterfall details, and pump station plans, and PACE is currently providing services during construction.

Construction plans for Lake F and Lake G will be prepared in the next phase.

City of Laguna Beach Anita Street Sewer Lift Station and Beach Access Stairs - Laguna Beach, CA The City of Laguna Beach’s Anita Street Sewer Lift Station, servicing an average daily flow of up to 80,000 gallons per day, is at the end of its useful service life and in need of an upgrade to ensure ongoing reliable operation. Situated at the end of Anita Street, the lift station infrastructure shares its site with the public beach access stairs to Anita Street Beach, which are also in need of improvements to meet current beach access standards. The existing site layout limits public viewing along this beach access corridor, which this area was intended to provide. PACE is developing plans and refined site renderings to meet the City’s goals for better maintenance access, reliability, and increased capacity for the lift station, with several viewing platforms and new public facility amenities integrated into the design to enhance the public coastal site, including a new permanent lifeguard tower. The access stairs will be restructured, and the upper portion of the site will also be regraded to facilitate better access. Construction is currently planned to take place between September and May so as to not hinder beach access during the summer. 468
#C375 9
Related Experience

PACE EXPERIENCE
City of Manhattan Beach Sewer Lift Stations and Force Main Replacement Projects – Manhattan Beach, CA PACE completed feasibility studies and concept
plans and is currently designing upgrades to three
sewer force mains and three sewer lift stations for
the City of Manhattan Beach, including Pacific
Avenue Wastewater Pump Station (WWPS),
Poinsettia Avenue WWPS, and Voorhees WWPS.

These lift stations and force mains were originally
constructed in the early 1960s, with mechanical
and electrical upgrades implemented around the
mid-1990s, and the facilities are now approaching
the end of their useful lives. PACE has designed a
new electrical distribution system for each of the stations and prepared all the required documents and information for the City to apply for a service application for each station. All stations include new lighting designs complying with California’s Title 24 requirements. The civil upgrades include force main replacements leading to street improvements in busy City streets.

City of Seal Beach Lampson Water Well Treatment Project – Seal Beach, CA The Lampson Water Well produces up to
4,000 gpm and is one of the City of Seal Beach’s
four water wells. Historically high hydrogen
sulfide (H2S) concentration levels have caused the
well to be underutilized, operating at low flow
rates to avoid odor complaints. PACE was
contracted by the City to evaluate treatment
alternatives to efficiently reduce H2S
concentration levels. PACE designed a system that
effectively removed the H2S odors and reduced the chlorine chemical dosage. Additionally, PACE designed the electrical and control system for the new equipment, including lighting. Moreover, PACE designed approximately 100 feet of 6-inch underground pipeline and located it along an adjacent roadway.

Client: City of Manhattan Beach
Contact: Marzena Laskowska, Sr. Civil Engineer
Address: 3621 Bell Ave., Manhattan Beach, CA 90266
Phone: (310) 802-5325
Email: [email protected]
Duration: 2019–ongoing
Team: Duncan Lee, PE – Project Manager
Bashar Ishaq, PE – Sr. Electrical Engineer
Robert Murphy, PE – Sr. Project Engineer
Client: City of Seal Beach
Contact: Iris Lee, Public Works Director
Address: 211 Eighth St., Seal Beach, CA 90740
Phone: (562) 431-2527 x1322
Email: [email protected]
Duration: 2019–2021
Team: Duncan Lee, PE – Project Manager
Bashar Ishaq, PE – Sr. Electrical Engineer
469
#C375 10
City of San Clemente Pico/Presidio DIP Replacement at Gateway Village Plaza – San Clemente, CA The City of San Clemente owns and operates the
distribution system located in the Gateway Village
Plaza parking lot. The existing 8-inch diameter
ductile iron pipe (DIP), installed around 1980, has
experienced numerous leaks, likely caused by the
corrosive properties of the soil and poor
subsurface drainage from excessive irrigation.

PACE is designing the replacement of
approximately 2,000 linear feet of the water main
and appurtenances using polyvinyl chloride (PVC)
pipe. Three sections of the pipe network will be rehabilitated through slip-lining to protect private on-site elements such as planter boxes, retaining walls, and decorative concrete pavement. PACE provided potential pipe alignments and suggestions to extend the useful life of new pipes, met all project needs, and overcame site constraints.

AESCO EXPERIENCE
Alley East of Alabama Water Main Replacement – Huntington Beach, CA The Alley East of Alabama Water Main
Replacement project is part of the City of
Huntington Beach’s ongoing effort to modernize
critical infrastructure while improving public
spaces. This project is divided into two phases
focusing on replacing outdated water mains with
new, high-quality PVC pipelines and upgrading the
alleyways through comprehensive pavement
rehabilitation and enhanced electrical components, confirming long-term functionality and safety. The first phase covers the installation of approximately 270 linear feet of 6-inch diameter PVC AWWA C900 (DR 14) water pipeline.

In addition to utility work, 4,600 square feet of alley pavement will be replaced, including the reconstruction of alley approaches and cross gutters. The second phase will involve the installation of 300 linear feet of 6-inch diameter PVC AWWA C900 (DR 14) water pipeline. Pavement improvements span 9,200 square feet, along with the reconstruction of alley approaches and cross gutters between Lincoln Avenue and Memphis Avenue. AESCO is providing a full suite of testing and inspection services, confirming the project's success and long-term durability. AESCO’s services are instrumental in safeguarding both the integrity of the new water infrastructure and the quality of the surface improvements, including the alley’s electrical systems.

I-405 Freeway Widening – Orange County, CA
The I-405 Freeway Widening Project was a critical
infrastructure expansion designed to address the
growing transportation needs of Orange County
by widening a 16-mile stretch between SR-73 and
I-605. This project involved the construction of
new lanes in both directions, additional retaining
walls, and the replacement of 18 bridges to
enhance traffic flow. The scope of work also included the rehabilitation of existing infrastructure, such as pavement, retaining walls, and drainage systems, as well as modernizing electrical components crucial for traffic management and safety. AESCO played a pivotal role in ensuring both the quality and safety of the project, managing Quality Assurance, providing Geotechnical Engineering Services, overseeing Environmental Compliance, and supporting the installation of Electrical Systems for lighting, traffic control, and safety upgrades.

Client: City of San Clemente
Contact: Shawn Ryan, Sr. Civil Engineer
Address: 910 Calle Negocio, Ste. 100, San Clemente, CA
92673
Phone: (949) 361-8200
Email: [email protected]
Duration: 2022–ongoing
Team: Duncan Lee, PE – Project Manager
Robert Murphy, PE – QA/QC
Client: City of Huntington Beach
Contact: Lili Hernandez, PE
Address: 2000 Main St., Huntington Beach, CA 92648
Phone: (714) 374-5385
Email: [email protected]
Duration: 2024–ongoing
Client: Orange County Transportation Authority
Contact: Kausi Azmuth, PE (formerly with Caltrans)
Address: 550 S Main St., Orange, CA 92868
Phone: (562) 405-1289
Duration: 2017–2023
470
#C375 11
Project Schedule
The preliminary project schedule below shows PACE’s plan to meet the City’s aggressive project schedule and finish and deliver the final signed plans and specifications by the end of January 2025. This is based on the City issuing the Notice to Proceed to PACE by early November 2024.
471
ID Task Name Duration Start Finish
1 Notice to Proceed 1 day Mon 11/4/24 Mon 11/4/24
2 Feasibility Study (Draft Submittal) 2 wks Tue 11/5/24 Mon 11/18/243 Feasibility Study City Review Comments 1 wk Tue 11/19/24 Mon 11/25/244 Feasibility Study (Final Submittal) 3 days Tue 11/26/24 Thu 11/28/245 Feasibility Study City Approval 3 days Fri 11/29/24 Tue 12/3/246 SDG&E Application 1 wk Wed 12/4/24 Tue 12/10/247 90% Design 4 wks Wed 12/4/24 Tue 12/31/248 90% Design Review Comments 2 wks Thu 1/2/25 Wed 1/15/259 100% Design 1 wk Thu 1/16/25 Wed 1/22/25 10 100% Design Review Comments 3 days Thu 1/23/25 Mon 1/27/2511 Final Submittal 1 day Thu 1/30/25 Thu 1/30/25 10/27 11/3 11/10 11/17 11/24 12/1 12/8 12/15 12/22 12/29 1/5 1/12 1/19 1/26 2/2 November December January
TaskSplitMilestone
SummaryProject SummaryInactive Task
Inactive MilestoneInactive SummaryManual Task
Duration-onlyManual Summary RollupManual Summary
Start-onlyFinish-onlyExternal Tasks
External MilestoneDeadlineProgress
Manual Progress

CITY OF SAN CLEMENTE

RFP - AVENIDA DEL MAR ELECTRICAL SERVICES

PROPOSED SCHEDULE
(NOT INCLUDING OPTIONAL TASKS)
PROJECT NO. 19807
PACE JOB #C375
Project: City of San ClementeAvenida Del Mar Electrical ServicesDate: Mon 10/14/24 472
#C375 12
Cost Data
See the fee proposal, which is provided as a separate document. 473
#C375 13
Statement of Compliance
This proposal is in strict compliance with the Request for Proposal and Draft Agreement, and no exceptions to either are proposed.
474
#C375 14
Appendix
• Exhibit A: Proposed Electrical Site Plan
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---- 17520 Newhope Street, Suite 200 | Fountain Valley, CA 92708 P: (714) 481-7300 | www.pacewater.com Advanced Water Engineering PROPOSED ELECTRICAL SITE PLAN NEW

PEDESTAL
LEGEND:

PROPOSED ALIGNMENT FOR DESIGN (240/120V, 400A, 1Ø)

EVENT POWER

NEW PEDESTAL

ELECTRICAL POWER PLAN
N.T.S.

EXISTING UTILITY POLE
476
477
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.

3.2.12.3 Insurance Endorsements. Required insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
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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.
479
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.

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 480
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.
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55452.01100\31193624.5
EXHIBIT “D”

COMPENSATION
In full compensation for the Services rendered by the Consultant under the Agreement, the City shall pay the Consultant for actual work performed at the following hourly rates:

Work Task / Staff Hourly Rate
Principal $300.00
Sr. Project Manager $260.00
Sr. Electrical Engineer $250.00
Sr. Civil Engineer $220.00
Sr. Project Engineer $220.00
Sr. CAD Designer $145.00
Assistant Engineer $153.00
Design Engineer $153.00
Maximum compensation under this Agreement shall not exceed $89,940. There are no reimbursable expenses under this Agreement.
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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

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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55452.01100\31193624.5
Dated: ________________________, 20___
Pacific Advanced Civil Engineering, Inc.
(“CONSULTANT”)
By: Cory M. Severson
It’s Chief Executive Officer
Address:
17520 Newhope Street
Fountain Valley, CA 92708
484
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: December 10, 2024 Agenda Item: 11I.

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

CONSIDERATION OF A RESOLUTION AWARDING A CONSTRUCTION CONTRACT TO HARDY & HARPER, INC. FOR FY 2025 AS-NEEDED STREET IMPROVEMENT PROGRAM, CIP PROJECT NO. 15318; AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT IN AN AMOUNT NOT TO EXCEED $200,000; AND FINDING THE PROJECT CATEGORICALLY ..body EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT Fiscal Impact:

The estimated total construction cost of $200,000 per year is within the approved budget amount of $200,000 from the Gas Tax Fund, FY 2025 As-Needed Street Improvement Program, Account No. 012-861-45300-000-15318.

Summary:

Before the City Council is the award of a construction contract to Hardy & Harper, Inc. in an amount not to exceed $200,000 for the FY 2025 As-Needed Street Improvement Program.

Background:

The FY 2025 As-Needed Street Improvement Program will repair Citywide asphalt and concrete pavement in areas that need immediate attention to prevent further damage. City staff will provide the contractor with a list of pavement repairs and locations on an as-needed basis to perform repairs with a total cost of not to exceed $200,000 per year based on the contractor’s unit prices (Attachment 2) for the requested type of work.

On October 10, 2024, staff reached out to local contractors and published a notice inviting bids for this project in the SC Times and on PlanetBids. Bids were opened on October 24, 2024, and the results are presented in the Table 1. below. The total bid price was based on the sum of the unit prices on the bid form (Attachment 2). Unit price Bids ranged from $5,791 to $28,445. There were no local bidders from San Clemente.

Table 1. Unit Price Bid Summary
Company Name Company Location Total Bid Price
Hardy & Harper, Inc. Lake Forest, CA $5,791.00
A&Y Asphalt Contractors, Inc. Norco, CA $9,977.00
ONYX Paving Company, Inc. Anaheim, CA $22,200.00
Horizons Construction Company Orange, CA $23,459.46
We R Builders, Inc. Glendale, CA $28,445.00
485
Meeting Date: December 10, 2024 Agenda Item: 11I.

CITY OF SAN CLEMENTE 2
The lowest responsive and responsible bidder is Hardy & Harper, Inc. of Lake Forest, California with a total unit bid price of $5,791.

As required by state law and City policy, the Hardy & Harper, Inc. 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. 24-201 (Attachment 1), awarding the FY 2025 As-Needed Street Improvement Program contract to Hardy & Harper, Inc., authorizing the City Manager to execute a construction contract an amount not to exceed $200,000, 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. 24-201.
 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
Staff recommends that the City Council adopt Resolution No. 24-201, which will:
..recommendation

1. Find the FY 2025 As-Needed Street Improvement Program, CIP Project No. 15318, categorically exempt from the CEQA under Class 1 (Existing Facilities, 14 CCR section 15301) of the State CEQA Guidelines;

2. Award the FY 2025 As-Needed Street Improvement Program, CIP Project No. 15318, contract to Hardy & Harper, Inc.; and

3. Authorize the City Manager to execute a contract with Hardy & Harper, Inc. in an amount not to exceed $200,000 per year, in a form substantially similar to Contract No. C24-86 (Attachment 3) for the FY 2025 As-Needed Street Improvement Program, CIP Project No. 15318.
..end
Attachment:

1. Resolution No. 24-201

2. Hardy & Harper, Inc. Unit Price List

3. Contract No. C24-86
486
Meeting Date: December 10, 2024 Agenda Item: 11I.

CITY OF SAN CLEMENTE 3
Notification:

All bidders
487
Attachment 1
4882-9904-3949 v1
RESOLUTION NO. 24-201

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, AWARDING A
CONSTRUCTION CONTRACT TO HARDY & HARPER, INC.

TO PERFORM FY 2025 AS-NEEDED STREET

IMPROVEMENT PROGRAM IN AN AMOUNT NOT TO
EXCEED $200,000 PER ONE YEAR, 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 FY 2025 AsNeeded Street Improvement Program, CIP Project No. 15318 (Project); and WHEREAS, on October 24, 2024, the City received 5 bids ranging from $5,791 to $28,445 for the Project; and
WHEREAS, the Hardy & Harper, Inc. was the lowest responsive and responsible bidder with a bid of $5,791.

NOW, THEREFORE, the City Council of the City of San Clemente does hereby 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 replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced 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 FY 2025 As-Needed Street Improvement Program, Project No. 15318 is awarded to Hardy & Harper, Inc.

SECTION 4. That the City Manager is authorized and directed to execute a construction contract for the FY 2025 As-Needed Street Improvement Program, CIP Project No. 15318 with Hardy & Harper, inc. in an amount not to exceed $200,000, in a form substantially similar to that presented to City Council on December 10, 2024.

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. 488
Resolution No. 24-201 Page 2
4882-9904-3949 v1
PASSED AND ADOPTED this _____ day of December 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. 24-201 was adopted at a regular meeting of the City Council of the City of San Clemente held on _______ day of December 2024, by the following vote:

AYES:

NOES:

ABSENT:
_______________________
CITY CLERK of the City of
San Clemente, California
Approved as to form:
___________________________
Elizabeth A. Mitchell, City Attorney
489
490
491
492
493
SECTION 00500

CONTRACT
SECTION 00500

CONTRACT
THIS CONSTRUCTION CONTRACT FY 2025 AS-NEEDED STREET IMPROVEMENT PROGRAM, PROJECT NO. 15318 (“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 Hardy & Harper, Inc., 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:

FY 2025 AS-NEEDED STREET IMPROVEMENT PROGRAM, Project No. 15318 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 is required to commence each work order within ten (10) working days of receiving a work request for specific pavement repairs from the City. The Contractor shall complete all Work required by the Contract Documents within the number of working days from the date specified in the written Notice to Proceed for each work order. 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 and the Work, which includes everything that is reasonably foreseeable related thereto, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum listed on each work order, which shall be based on the unit prices contained in the Contractor’s Bid Form. Total compensation under this Contract shall not to exceed Two Hundred Thousand Dollars ($200,000) per one-year contract term. 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. Additional work that would cause total compensation to exceed Two Hundred thousand Dollars ($200,000) requires prior approval of City Council and shall not be authorized without such prior approval.

ARTICLE 4. LIQUIDATED DAMAGES/EARLY COMPLETION INCENTIVE. In accordance with government code section 53069.85, it is agreed that the contractor will pay city the sum of $500 for each and every calendar day of delay beyond the time prescribed in the contract documents for finishing the work, as liquidated damages and not as a penalty or forfeiture. In the event that liquidated damages are not paid, the contractor agrees city may deduct that amount 494
SECTION 00500

CONTRACT
from any money due or that may become due the contractor under the contract. This article does not exclude recovery of other damages specified in the contract documents.

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

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

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

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

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

ARTICLE 8. PREVAILING WAGES. Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates shall be made available at CITY CLERK, CITY OF SAN CLEMENTE or may be obtained online at http//www.dir.ca.gov/dlsr. and which must be posted at the job site.
495
SECTION 00500

CONTRACT
IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on

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:

BURKE, WILLIAMS & SORENSEN, LLP
____________________________
Elizabeth A Mitchell, City Attorney

APPROVED AS TO AVAILABILITY
OF FUNDING:
________________________________
Finance Authorization

HARDY & HARPER, INC., a
California corporation
(“CONTRACTOR”)
By:_____________________________
Daniel Thomas Maas, Chief Executive
Officer
Dated: __________________, 20____
By:_____________________________
Kristen S. Paulino, Secretary, Chief
Financial Officer
Dated: __________________, 20____

END OF CONTRACT
496
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: December 10, 2024 Agenda Item: 11J.

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

CONSIDERATION OF A RESOLUTION AWARDING THREE-YEAR AGREEMENTS WITH TWO

OPTIONAL ONE-YEAR EXTENSIONS TO COX BUSINESS FOR TELECOMMUNICATION

SERVICES AT MULTIPLE CITY FACILITIES AND AUTHORIZING THE CITY MANAGER TO EXECUTE ..body THE AGREEMENTS
Fiscal Impact:

The annual cost of service is not to exceed $85,659. The amount is included in the Fiscal Year 2024-25 and 2025-26 Adopted Budget in the Information Technology Fund (account #063-241- 43305-000-02907).

Summary:

Before the Council is the award of three-year agreements, each with two optional one-year extensions, with Cox Business Services (Cox) for the purpose of network connectivity between several City facilities and Internet access. Resolution No. 24-202 would authorize the City Manager to sign Commercial Services Agreements with Cox for the purchase of Telecommunications Services including Metropolitan Area Network Ethernet, Internet, and PEG Channel Transport Services.

The City of San Clemente’s computer network utilizes a telecommunication service provider to connect six City buildings and nine wastewater utility stations to the City’s primary datacenter.

The City also utilizes multiple Internet connections to support operations. The purpose of the agreement is to provide for the continued delivery of Wide Area Network (WAN) and Internet connections for City facilities and broadcast of the City’s public access cable television channel.

Background:

The City of San Clemente currently utilizes telecommunication services for high-speed network connectivity between City facilities and Internet access.

In accordance with City Purchasing Policy 201-2-1, City staff published a Request for Proposals (RFP) for WAN Telecommunications and Internet Services on November 5, 2024. The City received proposals from three firms: Cox Business, Black Pearl Consulting, and Granite Communications. City staff reviewed the proposals and determined that Cox provided the best solution for the City.

The estimated costs in the table below are based on 1GB connections for the City Business Network and Enterprise Internet, 2MB connections for the Utility Network, 5MB for transport of the City’s public-access cable television channel, and three business-grade internet connections. 497
Meeting Date: December 10, 2024 Agenda Item: 11J.

CITY OF SAN CLEMENTE 2
The submittal from Black Pearl Consulting was incomplete, lacking cost information for many of the requested service locations and speeds, and therefore deemed not responsive.

Firm Name
Firm Name
Est. Monthly Cost Est. Annual Cost 3 Year
Total
Cox Business $6,237 $74,844 $224,532
Granite Communications $15,580 $186,960 $560,880
Black Pearl Consulting Non-responsive
A breakdown of the proposed services is provided in the following table. Funding for these services is within the FY 2024-25 and 2025-26 Adopted Budget.

A contingency of 5% has been included in the above estimate, providing flexibility to increase the level of service, if necessary, during the term of the agreements. In addition, while service prices are fixed for the duration of the agreements, taxes, fees and surcharges, which are outside the control of either party to these agreements, may increase.

Council Options:
 Adopt Resolution No. 24-202 (Attachment 1) authorizing the City Manager to execute Commercial Services Agreements with Cox Business for the purchase of Telecommunication Services in an amount not to exceed $85,659.
 Modify and adopt Resolution No. 24-202.
 Deny the adoption of Resolution No. 24-202 and provide direction to staff.  Continue the item with direction to provide additional information.

Address Speed # Connections Cost
Internet – Enterprise Grade 1G 1 $975
Internet – Business Grade 100M X 20M 3 $390
City Business Network 1G Metro E 7 $4,042
City Utility Network 2M Metro E 10 $590
PEG Transport 5M Metro E 2 $240
Taxes, fees, and surcharges (estimate) $561
Total (Monthly) $6,798
Total (Annual) $81,580
Contingency (5%) $4,079
498
Meeting Date: December 10, 2024 Agenda Item: 11J.

CITY OF SAN CLEMENTE 3
Environmental Review/Analysis:

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

Recommended Actions:
..recommendation
Staff recommends that the City Council adopt Resolution No. 24-202, which will:

1. Award Commercial Services Agreements to Cox Business for Telecommunication Services; and

2. Authorize the City Manager to execute Commercial Services Agreements for Telecommunication Services with Cox Business in an amount not to exceed $85,659 per year. ..end
Attachment:

1. Resolution 24-202

2. Sample Cox Commercial Service Agreement
Notification:

Cox Business
Granite Communications
Black Pearl Consulting
499
Attachment 1
4860-5047-5367 v1
RESOLUTION NO. 24-202

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, AWARDING THREE-YEAR

AGREEMENTS WITH TWO OPTIONAL ONE-YEAR

EXTENSIONS TO COX BUSINESS SERVICES FOR

TELECOMMUNICATION SERVICES AT MULTIPLE CITY

FACILITIES AND AUTHORIZING THE CITY MANAGER TO

EXECUTE THE AGREEMENTS
WHEREAS, the City of San Clemente currently utilizes telecommunication services for high-speed network connectivity between City facilities and Internet access; and WHEREAS, in accordance with City Purchasing Policy 201-2-1, City staff published a Request for Proposals (RFP) for WAN Telecommunications and Internet Services on November 5, 2024; and
WHEREAS, the City received proposals from three firms, one of which was incomplete and therefore non-responsive; and
WHEREAS, City staff thoroughly reviewed the proposals and determined that Cox Business provided the best solution for the City and its cost, which was the lowest of the responsive proposals, 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. That Commercial Services Agreements for the purchase of Telecommunications Services including Metropolitan Area Network Ethernet, Internet, and PEG Channel Transport Services are hereby awarded to Cox Business Services in an amount not to exceed $85,659, for a term of three years with two optional one-year extensions.

SECTION 3. That the City Manager is authorized to execute Commercial Services Agreements with Cox Business for the purchase of Telecommunication Services including Metropolitan Area Network Ethernet, Internet, and PEG Channel Transport Services in a total amount not to exceed $85,659, for a term of three years with two optional one-year extensions.

SECTION 4. That the City Manager is authorized and directed to execute Commercial Services Agreements with Cox Business for the purchase of Telecommunications Services including Metropolitan Area Network Ethernet, Internet, and PEG Channel Transport Services in a total amount not to exceed $85,659, for a term of three years with two optional one-year extensions, in forms substantially similar to the 500
Resolution No. 24-202 Page 2
4860-5047-5367 v1
sample provided to the City Council on December 10, 2024.

SECTION 5. That the City Manager is authorized and directed to execute such other documents and take such other and further actions as may be necessary and proper to accomplish the purposes of this resolution.

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

PASSED AND ADOPTED this _____ day of December, 2024.
_______________________
Mayor of the City of
San Clemente, California
ATTEST:
__________________________
CITY CLERK of the City of
San Clemente, California
501
Resolution No. 24-202 Page 3
4860-5047-5367 v1

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 24-202 was adopted at a regular meeting of the City Council of the City of San Clemente held on _______ day of December 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
502
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Proposed Contract for Services
Cox attaches its standard Commercial Services Agreement as the proposed contract for services to be purchased by the City of San Clemente. Given the standard nature of the services requested, the terms of the attached agreement are proposed to be the only terms governing Cox’s provision of services. Cox’s proposal is expressly subject to the parties’ negotiation and execution of a mutually agreeable final service agreement.

Commercial Services Agreement
__ / __ / 2025
Cox Account Rep: Cox System Address:

Phone Number:

Fax Number:

Customer Information Authorized Customer Representative Information Legal Company Full Name:

Street Address: Billing Contact:

City/State/Zip: Fax:

Billing Address: Contact Number:

City/State/Zip: Email Address:

Cox Account #:

Merge Bill
Taxes and Fees Not Included
Service Description Quantity Unit
Price
Term
(Months) Service Charges
Monthly
Recurring
One Time
Activation &
Setup Fees

SAMPLE AGREEMENT - SERVICES AND FINAL

TERM INFORMATION TO BE COMPLETED BASED

ON SCOPE OF AWARD
Totals:

Equipment Charges
Description Quantity Unit Price Total Fee
Special Conditions
.

Promotion Details
Attachment 2
503
DRAFT
This Commercial Services Agreement (the “Agreement”) includes (i) this paragraph, the language above and Exhibit A (collectively, the “Service Terms”); (ii) the terms and conditions set forth at http://ww2.cox.com/aboutus/policies/business-general-terms.cox (the “General Terms”) and (iii) any other terms and conditions applicable to the Services set forth above, including without limitation, the Cox tariffs, Service Guides set forth at http://ww2.cox.com/business/voice/regulatory.cox (“SG”), State and Federal regulations, the Cox Acceptable Use Policy (the “AUP”), and Cox’s Internet Service Disclosures located at www.cox.com/internetdisclosures.

Exhibit A is attached to and incorporated into this Agreement by this reference. Customer acknowledges receipt and acceptance of the Service Terms (including Exhibit A), the AUP, General Terms, and all other referenced terms and conditions by signing this Agreement. By signing this Agreement, Customer accepts that any and all disputes arising out of, relating to or concerning this Agreement and/or the Services shall be resolved through mandatory and binding arbitration unless Customer opts out pursuant to the Dispute Resolution Provision in the General Terms. This Agreement is subject to credit approval and Customer authorizes Cox to check credit. The prices above do not include applicable taxes, fees, assessments or surcharges which are additional and may change. This proposal is valid provided Customer signs and delivers this Agreement to Cox unchanged within thirty (30) days from the date above. By signing this Agreement, Customer acknowledges that if (i) the transport Service(s) (e.g. Private Line Type Services, Ethernet Services) cross state boundaries or (ii) at least 10% of traffic on said transport Service(s) is Interstate in nature or designated for Internet traffic, then the entire transport Service(s) is considered Interstate. Customer has reviewed the interstate/intrastate designation of the transport Service(s) listed in the Service Description above and attests that all such designations are correct. Each party may use electronic signature to sign this Agreement, provided the electronic signature method used by Customer is acceptable to Cox. This Agreement shall be effective upon execution by Customer and “Acceptance” by Cox. “Acceptance” of the Agreement by Cox shall occur upon the earlier of (i) Cox’s countersignature of this Agreement or (ii) Cox’s installation of Service at Customer’s location. Customer acknowledges that it has read and understands the 911 disclosures in Section 1 of the Service Terms. By signing this Agreement, you represent that you are the authorized Customer representative.

Customer Authorized Signature <<Applicable Cox Entity Based on Scope of Award >> Signature: Signature:

Print: Print:

Title Position: Title Position:

Date: Date:
504
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EXHIBIT A

1. E911 Services FOR IMPORTANT INFORMATION ABOUT COX’S
911 PRACTICES, PLEASE REVIEW THE INFORMATION ABOUT E911

SERVICE IN THE GENERAL TERMS AND ON THE WEBSITE
http://ww2.cox.com/business/voice/regulatory.cox.

2. Service Start Date and Term The “Initial Term” shall begin upon installation of Service and shall continue for the applicable Term commitment set forth above in the Service Terms. However, if Customer delays installation or is not ready to receive Services on the agreed-upon installation date, Cox may begin billing for Services on the date Services would have been installed. Cox shall use reasonable efforts to make the Services available by the requested service date. Cox shall not be liable for damages for delays in meeting service dates due to install delays or reasons beyond Cox’s control. If Customer delays installation for more than ninety (90) days after Customer’s execution of this Agreement, Cox reserves the right to terminate this Agreement by providing written notice to Customer and Customer shall be liable for Cox’s reasonable costs incurred. AFTER THE INITIAL TERM, THIS AGREEMENT SHALL AUTOMATICALLY RENEW FOR ONE (1) YEAR
TERMS (EACH AN “EXTENDED TERM”) UNLESS A PARTY GIVES THE

OTHER PARTY WRITTEN TERMINATION NOTICE AT LEAST THIRTY
(30) DAYS PRIOR TO THE EXPIRATION OF THE INITIAL TERM OR THEN CURRENT EXTENDED TERM. “Term” shall mean the Initial Term and Extended Term (s), if any. Cox reserves the right to increase rates for all Services by no more than ten percent (10%) during any Extended Term by providing Customer with at least sixty (60) days written notice of such rate increase. This limitation on rate increases shall not apply to video Services or Services for which rates, terms and conditions are governed by a Cox tariff or SG.

Upon notice to Customer, Cox may change the rates for video Services periodically during the Term. Cox may change the rates for telephone Service subject to a Cox tariff or SG periodically during the Term. For the avoidance of doubt, promotional rates and promotional discounts provided to Customer will expire at the end of the Initial Term or earlier as set forth in the promotion language.

Customer’s payment for Service after notice of a rate increase will be deemed to be Customer’s acceptance of the new rate.

3. Termination Customer may terminate any Service before the end of the Term selected by Customer above in the Service Terms upon at least thirty (30) days written notice to Cox; provided, however, if Customer terminates any such Service before the end of the Term (except for breach by Cox), unless otherwise expressly stated in the General Terms, Customer will be obligated to pay Cox a termination fee equal to the nonrecurring charges (if unpaid) and One Hundred Percent (100%) of the monthly recurring charges for the terminated Service(s) multiplied by the number of months, including partial months, remaining in the Term. Cox may terminate this Agreement without liability at any time prior to installation of Services if Cox determines that Customer’s location is not reasonably serviceable or there is signal interference with any Cox Service(s) according to Cox’s standard practices. If Customer terminates or decreases any Service that is part of a bundle offering, the remaining Service(s) shall be subject to price increases for the remaining Term. If Customer terminates this Agreement prior to installation of Service by Cox, Customer shall be liable for Cox’s costs incurred. This provision survives termination of the Agreement.

4. Payment Customer shall pay Cox all monthly recurring charges (“MRCs”) and all non-recurring charges (“NRCs”), if any, by the due date on the invoice. Any amount not received by the due date shown on the applicable invoice will be subject to interest or a late charge no greater than the maximum rate allowed by law. If Cox terminates this Agreement due to Customer’s breach, or if Customer fails to pay any amounts when due and fails to cure such non-payment upon receipt of written notice of non-payment from Cox, Customer will be deemed to have terminated this Agreement and will be obligated to pay the termination fee described above. If applicable to the Service, Customer shall pay sales, use, gross receipts, and excise taxes, access fees and all other fees, universal service fund assessments, 911 fees, franchise fees, bypass or other local, State and Federal taxes or charges, and deposits, imposed on the use of the Services. Taxes will be separately stated on Customer’s invoice. No interest will be paid on deposits unless required by law.

5. Service and Installation Cox shall provide Customer with the Services identified above in the Service Terms and may also provide related facilities and equipment, the ownership of which shall be retained by Cox (the “Cox Equipment”), or for certain Services, Customer, may purchase equipment from Cox
(“Customer Purchased Equipment”). Customer is responsible for damage to any Cox Equipment. If Cox Equipment is not returned to Cox after termination or disconnection of Services, Customer shall be liable for the Cox Equipment costs. Customer may use the Services for any lawful purpose, provided that such purpose:
(i) does not interfere or impair the Cox network or Cox Equipment; (ii) complies with the AUP; and (iii) is in accordance with the terms and conditions of this Agreement. Customer shall use the Cox Equipment only for the purpose of receiving the Services. Customer shall use Customer Purchased Equipment in accordance with the terms of this Agreement and any related equipment purchase agreement. Unless provided otherwise herein, Cox shall use commercially reasonable efforts to maintain the Services in accordance with applicable performance
standards. Cox network management needs may require Cox to modify upstream and downstream speeds. Use of the Services shall be subject to the AUP at
http://ww2.cox.com/aboutus/policies/business-policies.cox, which is incorporated herein by reference. Cox may change the AUP from time to time during the Term. Customer’s continued use of the Services following an AUP amendment shall constitute acceptance of the revised AUP.

6. General Terms The General Terms are hereby
incorporated into this Agreement by reference. BY EXECUTING

THIS AGREEMENT AND/OR USING OR PAYING FOR THE

SERVICES, CUSTOMER ACKNOWLEDGES THAT IT HAS READ,

UNDERSTOOD, AND AGREED TO BE BOUND BY THE GENERAL
TERMS.

7. LIMITATION OF LIABILITY IN ADDITION TO ANY OTHER

LIMITATIONS ON LIABILITY CONTAINED IN THE AGREEMENT,

NEITHER COX NOR ANY COX RELATED PARTY SHALL BE LIABLE

FOR DAMAGES FOR FAILURE TO FURNISH OR INTERRUPTION OF

ANY SERVICES, OR FOR ANY LOSS OF DATA OR STORED

CONTENT, IDENTITY THEFT, OR FOR ANY PROBLEM WITH THE

SERVICES OR EQUIPMENT OF ANY THIRD PARTY, NOR SHALL

COX NOR ANY COX RELATED PARTY BE RESPONSIBLE FOR

FAILURE OR ERRORS OF ANY COX SERVICE, COX EQUIPMENT,

SIGNAL TRANSMISSION, LICENSED SOFTWARE, LOST DATA,
FILES OR SOFTWARE DAMAGE REGARDLESS OF THE CAUSE.

NEITHER COX NOR ANY COX RELATED PARTY WILL BE LIABLE

FOR DAMAGE TO PROPERTY OR FOR PHYSICAL INJURY TO ANY

PERSON ARISING FROM THE INSTALLATION OR REMOVAL OF
EQUIPMENT UNLESS CAUSED BY THE NEGLIGENCE OF COX.

UNDER NO CIRCUMSTANCES WILL COX OR ANY COX RELATED

PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR

CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS,

ARISING FROM THIS AGREEMENT OR PROVISION OF THE
SERVICES.

8. WARRANTIES EXCEPT AS PROVIDED IN THIS AGREEMENT,

THERE ARE NO OTHER AGREEMENTS, WARRANTIES OR

REPRESENTATIONS, EXPRESS OR IMPLIED, EITHER IN FACT OR

BY OPERATION OF LAW, STATUTORY OR OTHERWISE,

INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE, RELATING TO THE SERVICES.

SERVICES PROVIDED ARE A BEST EFFORTS SERVICE AND COX

DOES NOT WARRANT THAT THE SERVICES, EQUIPMENT OR

SOFTWARE SHALL BE ERROR-FREE OR WITHOUT
INTERRUPTION. COX DOES NOT GUARANTEE THAT SERVICE CAN
BE PROVISIONED TO CUSTOMER’S LOCATION, OR THAT

INSTALLATION OF SERVICE WILL OCCUR IN A SPECIFIED
TIMEFRAME. COX DOES NOT WARRANT THAT ANY SERVICE OR
EQUIPMENT WILL MEET CUSTOMER’S NEEDS, PERFORM AT A

PARTICULAR SPEED, BANDWIDTH OR THROUGHPUT RATE, OR

WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF
VIRUSES, WORMS, DISABLING CODE OR THE LIKE. INTERNET
AND WIFI SPEEDS WILL VARY. COX MAKES NO WARRANTY AS

TO TRANSMISSION OR UPSTREAM OR DOWNSTREAM SPEEDS OF
THE NETWORK.

9. Public Performance If Customer engages in a public
performance of any copyrighted material contained in any of the Services, Customer, and not Cox, shall be responsible for obtaining any public performance licenses at Customer’s expense. The Video Service that Cox provides under this Agreement does not include a public performance license. 505 DRAFT
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Cox Optical Internet
Service Level Agreement

1. Scope. This Service Level Agreement (“SLA”) is
incorporated into the Commercial Services Agreement or Master Services Agreement (“Agreement”) by and between Cox and Customer, each as defined in the Agreement. The performance standards and service levels set forth in this SLA are Cox’s objectives with respect to the Cox Optical Internet Services (“COI Services”) provided to the Customer.

2. COI Service Availability. Cox’s objective is to
make the COI Services available for Customer’s use at least (i) Ninety-Nine and Ninety-Nine One-Hundredths Percent (99.99%) of the time with respect to the on-net portion of the circuit and (ii) Ninety-Nine and Nine-Tenths Percent (99.9%) of the time with respect to the portion of COI Services or circuits obtained by Cox from third party carriers, commonly known as “Type II”
(collectively and individually, (i) and (ii) shall be referred to as “COI Service Availability”). COI Service Availability, is the ability to transmit data from the Cox demarcation point at the Customer location to a Regional Data Center (“RDC”) on the Cox IP backbone. COI Service Availability does not mean the Customer will be able to reach any site or user on the Internet, nor does it mean any site or user on the Internet can reach the Customer, as there are many factors, outside of Cox’s control, that can affect an end-to-end connection. The COI Service
Availability is calculated by dividing the number of minutes that the COI Services are available for Customer’s use by the total number of minutes in any calendar month multiplied by one hundred (100). Unavailability of the COI Services due to the reasons or causes set forth in Section 9 of this SLA shall not be included in determining whether Cox has met the COI Service Availability objective. For example, if the COI Services experience an outage for one (1) day due to a Force Majeure event, and otherwise experience no other outage or COI Service Interruption during the applicable month, Cox will be deemed to have met the COI Service Availability performance standard and no Service Credit(s) (as defined below) will be provided.

3. COI Service Interruption. A “COI Service
Interruption” is a loss of signal to the Customer that results in a total disruption of COI Service beyond the COI Service
Availability level. Any COI Service Interruption, outage, degradation of COI Service, or failure to meet any objective stated in this SLA is not a default or breach under the Agreement, but may entitle Customer to a Service Credit (as defined below) for a qualifying COI Service Interruption. A COI Service Interruption period begins when Customer makes a Trouble Report (as defined below) to Cox's Network Operations Center (“NOC”) under the methods and procedures set forth in Section 7 of this SLA and ends when Cox restores the COI Services to Customer.

4. COI Service Response and Resolution. In the event
Cox receives a Trouble Report (defined below) from Customer, Cox will initiate action to clear the trouble within approximately thirty (30) minutes. If the Trouble Report is the result of an electronic component failure, the estimated restoration time is four (4) hours. If the Trouble Report is the result of a cable or fiber failure or any other issue, the estimated restoration time is eight (8) hours.

5. Service Credits. The following are each types of
“Service Credits” which may be available to Customer as described below and subject to all limitations in the SLA, including Section 9:
(a) COI Service Interruption Service Credit. The available Service Credit for a COI Service Interruption is identified in the table below as a percentage of the monthly recurring charge (“MRC”) for the portion of the affected COI Services
experiencing a qualifying COI Service Interruption. Service Credits are not cumulative (e.g. if a qualifying COI Service Interruption lasted 20 hours, Customer will receive a credit equal to 20% of the MRC for the portion of the COI Services
experiencing a COI Service Interruption, but Customer does not also receive a separate Service Credit for the “≥ 30 min. to <4 hours”, “≥ 4 hours to < 8 hours” and “≥ 8 hours to < 16 hours” timeframes identified in the table below.) The amount of the Service Credit shall be as follows:

COI Services Interruption
Length
Credit of the MRC for the
portion of COI Services
experiencing a COI Service
Interruption
≥ 30 min. to < 4 hours 5% of applicable MRC
≥ 4 hours to < 8 hours 10% of applicable MRC
≥ 8 hours to < 16 hours 15% of applicable MRC
≥ 16 hours to < 24 hours 20% of applicable MRC
≥ 24 hours 25% of applicable MRC
(b) Network Latency Service Credit. Network Latency, as it relates to COI Services, is defined by Cox as the round-trip delay for a packet to travel between two Regional Data Centers (“RDCs”) on the Cox IP backbone, averaged on a monthly basis across all RDCs and IP peering locations on the Cox IP backbone network (“Network Latency”). The average monthly round-trip delay is measured in milliseconds. The Cox Network Latency Service Level for COI Service is Fifty (50) milliseconds or less. Network Latency d u e to the reasons or causes set forth in Section 9 of this SLA shall not be included in determining whether Cox has met the applicable performance standard for Network Latency. Network performance statistics and
methodology related to the Cox Network Latency for COI Service are posted at the following location:
https://www.cox.com/business/networking/svpn.html.

If the Cox Network Latency Service Level for COI Service is greater than fifty (50) Milliseconds in a calendar month, the available Service Credit equals Ten Percent (10%) of the MRC for the affected COI Services for any Network Latency in a calendar month.
(c) Data Delivery Service Credit. Data Delivery Rate, as it relates to COI Services, is defined by Cox as the percentage of packets d e l i v e r e d during a transmission between two RDCs 506
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on the Cox IP backbone, averaged on a monthly basis across all RDCs and IP peering locations on the Cox IP backbone network (“Data Delivery Rate”). The average monthly packet delivery is measured in percentage of packets delivered per One Hundred (100) and shall be Ninety-Nine and Nine-Tenths Percent
(99.9%) or greater, averaged on a monthly basis. Non-delivery of packets due to the reasons or causes set forth in Section 9 of this SLA shall not be included in determining whether Cox has met the applicable performance standard for Data Delivery Rate.

Network performance statistics and methodology related to the Cox Data Delivery Rate for COI Services are posted at the following location:
https://www.cox.com/business/networking/svpn.html
If the Data Delivery Rate for COI Services in a calendar month is less than Ninety-Nine and Nine-Tenths Percent (99.9%), the available Service Credit equals Ten Percent (10%) of the MRC for portion of the affected COI Services for any Data Delivery Rate issues in a calendar month.

6. Chronic Outage. If three (3) or more separate times
during a thirty (30) consecutive day period, the COI Services experience a COI Service Interruption for a period greater than eight (8) consecutive hours, (“Chronic Outage”) subject to Section 9 below, Customer may terminate th e affected circuit(s) without charge or payment of any termination charges otherwise provided in the Agreement; provided Customer complies with the notification process described in this Section 6. Within thirty (30) days of the occurrence of the third Chronic Outage, Customer shall notify Cox in writing of its election to terminate the circuit(s) and the circuit(s) shall be terminated upon Cox's receipt of such notice. If Customer fails to notify Cox within thirty (30) days of the third Chronic Outage, of its intent to terminate the circuit(s), then Customer shall be deemed to have waived its right to terminate the circuit(s) under this Section 6 until the occurrence of a subsequent Chronic Outage, if any.

Upon termination under this Section 6, neither party shall have any further rights, obligations, or liabilities to the other party with respect to such terminated affected circuit(s), except those accrued through the termination date, and that expressly survive termination of this Agreement.

7. Customer Responsibilities / Trouble Reports. Cox
will maintain a twenty- four (24) hour, seven (7) day a week point-of-contact for Customer to report COI Service troubles, including COI Service Interruptions, Network Latency, and Data Delivery Rate issues. Customer shall call Trouble Reports to the telephone number provided by Customer’s local market sales representative. A “Trouble Report” means any report made by Customer to Cox relating to the COI Services or the equipment provided by Cox.

Cox will investigate the Trouble Report and assign a trouble ticket number. To qualify for any Service Credit(s), Customer must request, in writing, a Service Credit within thirty (30) calendar days of a qualifying Trouble Report. Cox will be the only party to determine (in its sole discretion) whether Cox has not met any of the SLA terms specified herein and whether a Service Credit is to be issued. Customer shall cooperate with Cox at all times in testing, determining and verifying that a qualifying COI Service Interruption, Network Latency, and/or Data Delivery Rate issue has occurred.

8. COI Service Installation Delays
(a) COI Service Installation and Availability. Cox will make commercially reasonable efforts to install, provision and make the COI Services available for Customer’s use within ten (10) business days of the installation date if explicitly defined in the Agreement, if any (“Estimated Install Date”). COI Service shall be deemed as available upon Cox’s installation of the equipment and facilities necessary to provide Customer the COI Services.
(b) Installation Delay Credit. Cox shall provide
Customer with an Installation Delay Credit if the COI Services are not available for Customer’s use within ten (10) business days of the Estimated Install Date. In this event, Cox will provide an “Installation Delay Credit” of One Hundred Percent (100%) off the standard nonrecurring charge (“NRC”) paid by Customer for the portion of the COI Service that was unavailable. This Installation Delay Credit shall apply only to Cox standard NRCs and shall not apply to construction or other non-standard charges billed to Customer that are associated with providing COI Services to Customer.
(c) Exceptions to Installation Delay Credits. Installation Delay Credits shall not be provided for installation delays (i) caused by or requested by Customer, its employees, agents or subcontractors; (ii) due to inabilities or difficulties of Cox to access Customer’s premises; (iii) due to the public utility company restricting Cox’s access to necessary conduits or wiring in Customer’s building or property; (iv) due to any delays in obtaining any necessary permits, licenses, pole attachment agreements, rights of way, or other access or property rights; (v) due to any causes addressed in Section 9; or (vi) due to Force Majeure events.

9. Exceptions and Limitations to Service Credit.
(a) Exceptions. Service Credits shall not be provided for any COI Service Interruptions or failures to meet the COI Service Availability, Data Delivery Rate, or Network Latency
objectives, estimated restoration time, Estimated Install Date, or any other term specified in this SLA: (i) caused by Customer, its employees, agents or subcontractors; (ii) due to failure of power or other equipment provided by Customer or the public utility company supplying power to Cox or Customer; (iii) during any period in which Cox is not allowed access to the premises of Customer to access Cox equipment; (iv) due to scheduled maintenance and repair; (v) caused by or due to violations of the Cox Acceptable Use Policy or any misconduct or accident of the Customer; (vi) caused by a loss of service or failure of the Customer’s internal wiring or other Customer equipment; (vii) due to Customer’s failure to release the COI Service for testing and/or repair to Cox; or (viii) due to Force Majeure events. For purposes of this SLA, Force Majeure shall mean (i) third party cable cuts, acts of God, fire, flood, or other natural disaster; (ii) laws, orders, rules, regulations, directions, or actions of governmental authorities having jurisdiction over the COI Services; (iii) any civil or military action including national emergencies, riots, war, civil insurrections or terrorist attacks; (iv) taking by condemnation or eminent domain of a party’s facilities or equipment; (v) strikes or labor disputes; (vi) fuel or energy shortages; (vii) delays in obtaining permits or other approvals from governmental authorities for construction or COI 507
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Services provisioning, or (viii) any other causes beyond the reasonable control of Cox. In addition, Service Credits shall not apply (a) if Customer is entitled to any other available credits, compensation or remedies under the Agreement for the same COI Service Interruption, deficiency, degradation, delay, or issue (b) for COI Service Interruptions, deficiencies, degradations, delays, or issues not reported by Customer to Cox within a reasonable period of time, not to exceed thirty (30) days from when it started, (c) where Customer reports a COI Service Interruption, Network Latency and/or Data Delivery Rate issue, but Cox does not find any such issue, (d) to any Service locations served via a third party (i.e. Type-II site), or (e) to any service not provided under the Agreement even if the service is provided by a Cox affiliate or subsidiary. For any COI Service locations served via a third party, Cox may pass through any COI Service credits it receives from the third party associated with any COI Service Interruption not to exceed the Service Credit amount.
(b) Limitations. With respect to all Service Credits under this SLA, no Service Credits shall be issued if: (i) Customer is in breach of its Agreement with Cox; (ii) Customer has a past due balance with Cox under the Agreement; or (iii) Customer is otherwise not in good financial standing with Cox. In addition, in any calendar month, Customer’s combined Service Credits for Network Latency and Data Delivery Rate shall not exceed ten percent (10%) of the MRC for the affected COI Services.

Furthermore, in any calendar month, Customer’s combined Service Credits for any and all issues, including, without limitation, Network Latency, Data Delivery Rate, Service Interruptions, and Installation Delay Credits shall be no more than one (1) full MRC for the affected COI Services. The calculation of credits under this SLA are exclusive of any applicable taxes, fees, or surcharges charged to the Customer or collected by Cox.

All claims for Service Credits must be initiated by the Customer and are subject to review and verification by Cox. Cox reserves the right to change or modify the SLA program rules and regulations at any time without notice. For the avoidance of doubt, Cox and Customer agree that Customer’s sole and
exclusive remedy for any COI Service Interruptions, installation delays, missed Data Delivery Rate, missed Network Latency, missed repair objectives, service degradations, or any other outages or issues related to the COI Services provided under the Agreement shall be strictly limited to the Service Credits or the Installation Delay Credit, as applicable, as set forth in this SLA. 508
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