San Clemente City Council
January 14, 2025

910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Council Chambers
Mayor Knoblock
Mayor Pro Tem Enmeier
Councilmember Cabral
Councilmember Loeffler
Councilmember Wu
4:30 p.m. - Closed Session
5:30 p.m. - Business Meeting

CITY OF SAN CLEMENTE
Tuesday, January 14, 2025
City Council
Adjourned Regular Meeting Agenda
Information concerning City Council Meeting protocols and procedures is contained at the end of this agenda.

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

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

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

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

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

1 City Council Adjourned Regular Meeting Agenda January 14, 2025

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

CLOSED SESSION (4:30 P.M.)
None.

BUSINESS MEETING (5:30 P.M.)

CALL TO ORDER
INVOCATION – Desiree Sarnowski, Communications Specialist, The Church of Jesus Christ of Latter Day Saints

PLEDGE OF ALLEGIANCE

ROLL CALL

1. Special Presentations

2. Council Member Reports

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

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

5. Consideration of agendizing items requiring immediate action Per Government Code section 54954.2(b) and 54956.5. Any items agendized will be considered under New Business, unless otherwise determined by a majority vote of the City Council.

2 City Council Adjourned Regular Meeting Agenda January 14, 2025

6. Closed Session Report - City Attorney

7. Staff Communications
A. CASA ROMANTICA
Update concerning repairs at Casa Romatica including status of the Coastal Development Permit (CDP).

8. Public Hearings
None.

9. Unfinished Business
None.

10. New Business
10A. CONSIDERATION OF ADOPTING A POLICY REGARDING USE OF THE

TITLES OF MAYOR AND MAYOR PRO TEMPORE ONCE THE TERMS HAVE

CONCLUDED AND USE OF THE CITY SEAL FOR OFFICIAL CITY BUSINESS ONLY
(Agendized by the City Council at the December 10, 2024 Regular City Council meeting.)
Staff Recommendation
If adopting a policy: adopt Policy 1201-14 Use of Titles after the Term has Concluded and Use of City Seal for Official City Business Only. 10B. RESIDENT PARKING PROGRAM - MAX BERG PLAZA PARK
(Agendized by Councilmember Loeffler, with the support of Councilmember Cabral and Mayor Pro Tem Enmeier at the September 3, 2024 City Council meeting.)
Staff Recommendation
Receive and file the Administrative Report dated January 14, 2025. 10C. REVIEW OF REQUIREMENTS FOR BOARDING HOUSES, RESIDENTIAL

CARE FACILITIES, AND SOBER LIVING HOMES
(Agendized by Mayor Pro Tem Enmeier, with the support of Mayor Knoblock and Councilmember Loeffler at the December 10, 2024 City Council meeting.) Staff Recommendation
Direct staff on whether to initiate zoning amendments to increase the current 300-foot minimum separation requirement between boarding houses.

3 City Council Adjourned Regular Meeting Agenda January 14, 2025 10D. CONSIDERATION OF A RESOLUTION TO INITIATE A GENERAL PLAN

AMENDMENT AND A ZONING AMENDMENT TO THE SAN CLEMENTE

MUNICIPAL CODE TO ESTABLISH A GATEWAY OVERLAY DISTRICT,

WHICH WOULD ESTABLISH GATEWAY SPECIFIC DEVELOPMENT

STANDARDS TO ENCOURAGE DEVELOPMENT THAT SUPPORTS THE

ECONOMIC DEVELOPMENT AND URBAN DESIGN GOALS OF THE
GENERAL PLAN; ACCEPTING GRANT FUNDING; AND MAKING A

RELATED SUPPLEMENTAL APPROPRIATION
Staff Recommendation
Adopt Resolution No. 25-02, which will:

1. Initiate an amendment to the General Plan and the San Clemente Municipal Code (SCMC) Title 17, Zoning (“Zoning Ordinance”), in a similar form and substance to Attachment 3, to establish a Gateway Overlay District, which would establish gateway specific development standards to encourage development that supports the economic development and urban design goals of the General Plan.

2. Accept grant revenues in the amount of $150,000 to Account No. 001-000 -33446 (Coastal Grant Revenue).

3. Approve a supplemental appropriation of $150,000 to Account No. 001- 433-43890 (other contractual services) to cover the costs for staff and legal counsel review, and processing of required California Environmental Quality Act (CEQA) analysis.
10E. CONSIDERATION OF A RESOLUTION RE-ESTABLISHING THE UTILITY

BOX ART PROGRAM AND FINDING THE PROJECT CATEGORICALLY

EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
Staff and the Arts and Culture Committee Recommendation Adopt Resolution No. 25-03, which will:

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

2. Approve the re-establishment of the Utility Box Street Art program as described in Exhibit A to the Resolution.

3. Authorize the Beaches, Parks & Recreation Director, in coordination with the Arts and Culture Committee, to begin Phase 1 and secure funding sources for future phases as resources become available.

4 City Council Adjourned Regular Meeting Agenda January 14, 2025

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

A. City Council Minutes
Staff Recommendation:
(1) APPROVE THE CITY COUNCIL REGULAR MEETING MINUTES OF DECEMBER 10, 2024.

B. Commission/Committee Minutes
Staff Recommendation:

Receive and file the following:
(1) BEACHES, PARKS AND RECREATION REGULAR MEETING MINUTES OF OCTOBER 8, 2024.
(2) DESIGN REVIEW SUBCOMMITTEE SPECIAL MEETING MINUTES OF DECEMBER 18, 2024.
(3) ZONING ADMINISTRATOR REGULAR MEETING MINUTES OF
DECEMBER 19, 2024.

C. Warrant Register
(1) APPROVE WARRANT NOS.
600971 THROUGH 601147, PAID ON
11-22-24, IN THE AMOUNT OF $931,658.37
(2) APPROVE WIRE TRANSFER NOS.
3151 THROUGH 3156 AND WARRANT NOS.
601148 THROUGH 601276, PAID ON
11-29-24, IN THE AMOUNT OF $1,551,670.72
(3) APPROVE WIRE TRANSFER NOS.
3157 THROUGH 3158 AND WARRANT NOS.
601277 THROUGH 601370, PAID ON
12-6-24, IN THE AMOUNT OF $5,852,324.53
(4) APPROVE WIRE TRANSFER NOS.
3159 THROUGH 3164 AND WARRANT NOS.
601371 THROUGH 601568, PAID ON
12-13-24, IN THE AMOUNT OF $3,473,960.44
(5) APPROVE WARRANT NOS.
601569 THROUGH 601773, PAID ON
12-20-24, IN THE AMOUNT OF $2,580,485.73

5 City Council Adjourned Regular Meeting Agenda January 14, 2025 (6) APPROVE WIRE TRANSFER NOS.
3165 THROUGH 3173 AND WARRANT NOS.
601774 THROUGH 601859, PAID ON
12-27-24, IN THE AMOUNT OF $1,562,836.76
TOTAL WARRANT REGISTER $15,952.936.55
Payroll Register
APPROVE WARRANT NOS. 959 THROUGH 961,
AND AUTOMATIC DEPOSIT ADVISES 99057
THROUGH 99392, FOR THE PERIOD
11-11-24 THROUGH 11-24-24, PAID
ON 11-29-24, IN THE AMOUNT OF $524,618.48
APPROVE WARRANT NO. 962 AND
AUTOMATIC DEPOSIT ADVISES 99393
THROUGH 99720, FOR THE PERIOD 11-25-24
THROUGH 12-8-24, PAID ON 12-13-24,
IN THE AMOUNT OF $698,394.33
APPROVE WARRANT NOS. 963 THROUGH 964,
AND AUTOMATIC DEPOSIT ADVISES 99721
THROUGH 100040, FOR THE PERIOD
12-9-24 THROUGH 12-22-24, PAID
ON 12-27-24, IN THE AMOUNT OF $528,978.65
TOTAL PAYROLL REGISTER $1,751,991.46
11D. ADOPT ORDINANCE NO. 1787 (SECOND READING) - PASSENGER AGE

RESTRICTIONS FOR ELECTRIC BICYCLES AND OTHER FORMS OF

ELECTRIC TRANSPORTATION AND FINDING THE ORDINANCE NOT

SUBJECT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
Staff Recommendation
Adopt Ordinance No. 1787 entitled AN ORDINANCE OF THE CITY COUNCIL

OF THE CITY OF SAN CLEMENTE, CALIFORNIA, AMENDING CHAPTER

10.62 OF THE SAN CLEMENTE MUNICIPAL CODE TO INCLUDE

PASSENGER TRANSPORT AGE RESTRICTIONS AND UPDATING

DEFINITIONS FOR ELECTRIC BICYCLES AND OTHER FORMS OF

ELECTRIC TRANSPORTATION AND FINDING THE ORDINANCE NOT
SUBJECT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.

6 City Council Adjourned Regular Meeting Agenda January 14, 2025 11E. RECORDS DESTRUCTION
Staff Recommendation
Adopt Resolution No. 25-04 entitled A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA,

AUTHORIZING THE DESTRUCTION OF CERTAIN CITY RECORDS AS
PROVIDED BY SECTION 34090 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA.
11F. NOTICE OF COMPLETION - PAVEMENT PRESERVATION PROGRAM -

CRACK FILLING
Staff Recommendation
Adopt Resolution No. 25-05, which will:

1. Accept the Pavement Preservation Program - Crack Filling, CIP Project No. 25304, from the contractor, Roy Allan Slurry Seal, Inc.

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

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, Roy Allan Slurry Seal, Inc.

4. Authorize the City Clerk to release the performance bond for this project upon receipt of a warranty bond in a form acceptable to the Public Works Director in the amount of 25% of the total construction cost. 11G. NOTICE OF COMPLETION - RESERVOIR NO. 4 EXTERIOR COATING Staff Recommendation
Adopt Resolution No. 25-06, which will:

1. Accept the Reservoir No. 4 Exterior Coating, CIP Project No. 23404, from the contractor, United Field Corporation.

2. Authorize the Public Works Director/City Engineer to execute and record the Notice of Completion for the Reservoir No. 4 Exterior Coating.

3. Authorize the City Clerk to release the payment bond 35 days from the recordation of the Notice of Completion upon verification with the

7 City Council Adjourned Regular Meeting Agenda January 14, 2025 Engineering Division that no liens have been levied against the contractor, United Field Corporation.

4. Authorize the City Clerk to release the performance bond for this project upon receipt of a warranty bond in a form acceptable to the Public Works Director in the amount of 25% of the total construction cost. 11H. CONTRACT AWARD - SIDEWALK TRIP HAZARD REMOVAL AND

ASSESSMENT SERVICES, AND FINDING THE PROJECT CATEGORICALLY

EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
Staff Recommendation
Adopt Resolution No. 25-07, which will:

1. Find the Sidewalk Trip Hazard Removal and Assessment, Project 25305, categorically exempt from the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities, 14 CCR section 15301) of the State CEQA Guidelines.

2. Award a contract to Southern California Precision Concrete, Inc., dba Precision Concrete Cutting, as the responsible and responsive bidder for the Sidewalk Trip Hazard Removal and Assessment, Maintenance Services Contract.

3. Approve, and authorize the City Manager to execute, Contract No. C25- 01, by and between the City of San Clemente and Southern California Precision Concrete, Inc., dba Precision Concrete Cutting, providing for the Sidewalk Trip Hazard Removal and Assessment, Maintenance Services, in an amount not to exceed $200,000 in a form substantially similar to Contract No. C25-01 (Attachment 2)...recommendation
11I. CONTRACT AWARD - CONSTRUCTION INSPECTION SERVICES FOR THE

PICO/PRESIDIO DIP REPLACEMENT
Staff Recommendation
Adopt Resolution No. 25-08, which will:
..recommendation

1. Award a Professional Consultant Services Agreement to PDM Consulting, Inc. for construction inspection services for the Pico/Presidio DIP Replacement, CIP Project No. 13411.

2. Approve, and authorize the City Manager to execute, Contract No. C25- 02, by and between the City of San Clemente and PDM Consulting, Inc., providing for construction inspection services for the Pico/Presidio DIP Replacement, in an amount not to exceed $109,620.

8 City Council Adjourned Regular Meeting Agenda January 14, 2025 11J. CONTRACT AWARD - SAN GORGONIO PARK PLAYGROUND SUBSTRATE SURFACE REPLACEMENT, APPROVING A 10% PROJECT CONTINGENCY, ACCEPTING A $20,000 DONATION FROM THE FRIENDS OF SAN

CLEMENTE BEACHES, PARKS & RECREATION FOUNDATION AND

FINDING THE PROJECT CATEGORICALLY EXEMPT FROM THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT
Staff Recommendation
Adopt Resolution No. 25-09, which will:

1. Find the San Gorgonio Park Playground Substrate Surface Replacement project to be categorically exempt from the California Environmental Quality Act (CEQA) under Class 2 (Replacement or Reconstruction, 14 CCR section 15302) of the State CEQA Guidelines.

2. Award a contract to Robertson Industries, Inc., as the lowest responsible and responsive bidder, for all items listed in the scope of work.

3. Approve, and authorize the City Manager to execute, Contract No. C25-03, by and between the City of San Clemente and Robertson Industries, Inc., providing for the removal and replacement of the San Gorgonio Park Playground Substrate Surfacing, in an amount not to exceed $144,595.

4. Approve a 10% construction contingency of $14,495 for this Project.

5. Accept a $20,000 donation from the Friends of San Clemente Beaches, Parks & Recreation Foundation for this Project.
11K. CONSIDERATION OF RESOLUTION AUTHORIZING AN EXEMPTION TO

THE FORMAL SOLICITATION PROCESS FOR THE COOPERATIVE

PURCHASE OF SYNTHETIC TURF FOR THE VISTA HERMOSA SPORTS

PARK ARTIFICIAL SOCCER FIELD TURF REPLACEMENT, AND FINDING

THE PROJECT CATEGORICALLY EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT
Staff Recommendation
Adopt Resolution No. 25-10, which will:

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

2. Authorize an exemption to formal competitive bidding requirements under Section XI.A.1.4.3(b) of City Purchasing Policy 201-2-1.

3. Award an agreement for the purchase of RootZone 3DM to AstroTurf

9 City Council Adjourned Regular Meeting Agenda January 14, 2025 Corporation for synthetic turf for the soccer fields at Vista Hermosa Sports Park.

4. Approve, and authorize the City Manager to execute, Contract No. C25- 04, by and between the City of San Clemente and AstroTurf Corporation, providing for the purchase of RootZone 3DM synthetic turf, under the same terms and conditions of Sourcewell contract No. 031622-AST, in an amount not to exceed $932,294.
11L. CONSIDERATION OF A RESOLUTION AUTHORIZING AN EXEMPTION TO

THE FORMAL SOLICITATION PROCESS, AWARDING A PIGGYBACK

CONTRACT FOR AN ENTERPRISE LICENSE AGREEMENT TO
MICROSOFT, INC. FOR MICROSOFT PRODUCTS AND SERVICES
Staff Recommendation
Adopt Resolution No. 25-11, which will:

1. Authorize an exemption to the formal solicitation process under Section XI.A.1.4.3 of City Policy 201-2-1.

2. Award and authorize the City Manager to execute a piggyback agreement for the purchase of the Microsoft Enterprise License Agreement from Dell Marketing, L.P. under terms and conditions substantially similar to Attachment 3 - Riverside Agreement No. ITARC-00934 for the Microsoft Enterprise License Agreement in an amount not to exceed $187,847 per year over a three-year term.

3. Approve, and authorize the City Manager to execute, Contract No. C25- 05, by and between the City of San Clemente and Dell Marketing, L.P., providing for the Microsoft Enterprise License, in an amount not to exceed $187,847 per-year for a three-year term in a form substantially similar to Attachment 2 of the Administrative Report dated January 14, 2025. 11M. CONSIDERATION OF A RESOLUTION DECLARING A SOLE SOURCE

EXEMPTION TO THE FORMAL SOLICITATION PROCESS, AWARDING AND

AUTHORIZING EXECUTION OF AN AGREEMENT FOR SOFTWARE

MAINTENANCE AND SUPPORT
Staff Recommendation
Adopt Resolution No. 25-12, which will:

1. Declare a sole source exemption to the formal solicitation process under Section XI.A.1.7 of City Policy 201-2-1 for the Eden Enterprise Resource Planning (ERP) system.

2. Award an agreement to Tyler Technologies, Inc. for ongoing maintenance

10 City Council Adjourned Regular Meeting Agenda January 14, 2025 and support of the Eden ERP system for two years effective January 1, 2025.

3. Approve, and authorize the City Manager to execute, Contract No. C25- 06, by and between the City of San Clemente and Tyler Technologies, Inc., for ongoing maintenance and support of the Eden Enterprise Resource Planning (ERP) system, in an amount not to exceed $141,040 for a two-year period.

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

13. Future Agenda Items

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

15. Adjournment
This City Council meeting is adjourned in memory of Coastal Animal Services (CASA) Animal Control Officer Dana Friedman and Orange County Fire Authority Fire Apparatus Engineer Kevin Sweeny.

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

Closed Session will begin at 4:30 p.m. and the Regular Business Meeting will begin at 5:30 p.m. The meeting will take place in the Council Chambers, located at 910 Calle Negocio, 2nd Floor, San Clemente.

11 City Council Adjourned Regular Meeting Agenda January 14, 2025

CITY COUNCIL MEETING PROCEDURES

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

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

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

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

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

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

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

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

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

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

12 910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: January 14, 2025 Agenda Item: 10A.

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

CONSIDERATION OF ADOPTING A POLICY REGARDING USE OF THE TITLES OF MAYOR

AND MAYOR PRO TEMPORE ONCE THE TERMS HAVE CONCLUDED AND USE OF THE CITY ..body SEAL FOR OFFICIAL CITY BUSINESS ONLY
Fiscal Impact:

None.

Summary:

At its meeting of December 10, 2024, a majority of City Council members agendized consideration of adopting a policy related to use of the titles of Mayor and Mayor Pro Tempore after the respective terms have concluded, as well as use of the City Seal and elected title for official City business only.

Research confirms that in a municipality, there is only one Mayor and Mayor Pro Tempore at a time. The use of the title of Mayor by a past Mayor would create confusion in the organization and especially to anyone not familiar with the structure of the San Clemente City Council. Research and comparison with other local government agencies further demonstrates that addressing an individual as Mayor is reserved only for the current office holder, and the use by a previous Mayor is inappropriate.

To avoid any future confusion and formalize this protocol, staff has prepared a policy for consideration by the City Council establishing policy and standards for use of the title of Mayor and Mayor Pro Tempore once the term has concluded. Additionally, the draft policy includes language prohibiting the use of the City Seal for purposes other than conducting official City business. During the discussion, the City Council also expressed the importance of defining a process for occasions when elected or appointed officials speak as a private citizens at a public meeting or in a public setting to clarify they are not representing the City in an official capacity or communicate a position or policy when the City has not taken such action or stance whether official, unofficial or implied. Additionally, the policy addresses that when a Mayor, Mayor Pro Tempore or City Commission or Committee member is seeking election to public office, they shall not use a ballot designation that will appear on an election ballot on a date when the title has not been previously and officially enacted to be in effect on the date of the election. Furthermore, the policy states that the prohibition of use of title shall relate to public representations of any sort, including non-city related endeavors, such as communications of all sorts during political campaigns, obtaining economic gain, seeking to avoid traffic tickets or to impede criminal investigations.
13 Meeting Date: January 14, 2025 Agenda Item: 10A.

CITY OF SAN CLEMENTE 2
Finally, the City Council may wish to include in the adopted policy potential actions to be taken should a current or previous elected or appointed official fail to comply with the policy; including possible censure of the official or removal of the title of Mayor and Mayor Pro Tempore, until 2026, at which time the Mayor position becomes elected. Failure of a City Commissioner or Committee member to comply may result in removal from the Commission or Committee by a majority City Council vote.

Staff has prepared a potential policy for consideration by the City Council.

Council Options:
 Adopt Policy 1201-14.
 Revise and adopt Policy 1201-14.
 Direct Staff to return with additional information.
 Take no action.

Environmental Review/Analysis:

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

Recommended Actions:

Staff Recommendation ..recommendation

1. If adopting a policy: Adopt Policy 1201-14 Use of Titles after the Term has Concluded and Use of City Seal for Official City Business Only.
..end
Attachment:

Draft Policy 1201-14
Notification:

None.
14

Attachment 1

POLICY AND PROCEDURE
Subject: Use of Titles after the
Term has Concluded
and Use of City Seal
for Official City
Business Only
Index: City Council
Number: 1201-14
Effective
Date:

January 15, 2025 Prepared City Clerk
By:

Supersedes: None. Approved
By:

City Council

1.0 PURPOSE:

To establish a policy prohibiting the use of the titles of Mayor and Mayor Pro Tempore (and Commission or Committee Chair and Vice Chair) after the terms for the same have concluded, and prohibiting the use of the City seal except in connection with official City business. When one does not concurrently and legitimately hold the position of Mayor or Mayor Pro Tempore, the policy set forth below prohibits misappropriating to the public in any way the title, when they have not been bestowed with it. This conduct may mislead the public and constitutes unethical behavior. It in effect steals the honor, dignity and esteem of the office to which they are not accredited.

2.0 ORGANIZATIONS AFFECTED:

City Council
City Commissions and Committees*
*Note: Except as otherwise noted throughout this Policy, this Policy shall a/so apply to the City's Commissions and Committees. In applying this Policy to City Commissions and Committees, the term "City Council" shall be interpreted to mean the name of the City Commission or Committee, the term "Mayor" shall be interpreted to mean "Chairperson", the term "Mayor Pro Tempore” shall be interpreted to mean "Vice Chair”.
15

3.0 POLICY:

3.1 Use of the Title of Mayor and Mayor Pro Tempore Once the Term has Concluded

3.1.1 In the City of San Clemente, there is only one Mayor and Mayor Pro Tempore at a time. Protocol hereby established prescribes that addressing an individual as Mayor is reserved only for the current office holder to reduce confusion for anyone not familiar with the structure of the City Council.

3.1.2 The Mayor, Mayor Pro Tempore and Councilmembers speaking as private citizens at a public meeting or in any public setting shall identify themselves as private citizens and state that they are not representing the City in an official capacity when the City has not officially taken a position. The prohibition of this section shall not prevent anyone speaking in public from accurately communicating any title which has been properly bestowed upon them.

3.1.3 The Mayor, Mayor Pro Tempore and Councilmembers shall not wear their City nametag or City seal on clothing or use it in any manner other than in connection with official City engagements or when performing official City business.

3.1.4 All persons other than the current Mayor are prohibited from using the title of Mayor. All persons other than the current Mayor Pro Tempore are prohibited from using the title of Mayor Pro Tempore. Such prohibitions apply to the use of such titles verbally, in print, in electronic format or in any other form and apply immediately upon leaving office.

3.1.5 The only appropriate use of City titles following leaving office would be to refer to oneself as a “Former Mayor” or “Former Mayor Pro Tempore”.

3.1.6 No Mayor or Mayor Pro Tempore, when seeking election to public office, shall use a ballot designation which will appear on an election ballot on a date when the title has not been previously and officially enacted to be in effect on the date of the election.

3.1.7 This policy shall relate to public representations of any sort, including non-city related endeavors such as communications of all sorts during political campaigns, obtaining economic gain, seeking to avoid traffic tickets or to impede criminal investigations.
16

4.0 FAILURE TO COMPLY WITH POLICY:

4.1 Failure to Comply with the Policy. Penalties for failing to comply with this policy may include:

4.1.1 The City Council holding a censure hearing and censuring an official that is currently holding an elected office.

4.1.2 Removal of the title of Mayor or Mayor Pro Tem, until 2026, at which time the Mayor becomes elected at large.

4.1.2 Failure of a City Commission or Committee member to comply with this may result in removal from the Commission or Committee by a majority City Council vote.
17 910 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: January 14, 2025 Agenda Item: 10B.

Submitted By: Public Works
Prepared By: Zak Ponsen, Assistant City Engineer
Dave Rebensdorf, Public Works Director/City Engineer
Subject:
..titl e

RESIDENT PARKING PROGRAM
..body
– MAX BERG PLAZA PARK
Fiscal Impact:

Staff estimates a cost of about $1,500 to install signage if a preferential residential permit parking program is approved. This cost would be funded from an existing account in the approved Public Works Maintenance Division budget. Costs to obtain parking stickers would be recouped via a modest annual parking sticker fee if approved by the City Council. Depending on the size of the Max Berg Parking Program area, it is expected that City revenue would be approximately $5,000 per year that would be used to maintain signage and cover other program costs.

The cost for implementation and enforcement of an additional residential parking program by additional Orange County Sherriff’s Department (OCSD) and/or Park Rangers is unknown, but if any additional staffing resources are necessary, it would greatly exceed the permit revenue received.

Summary:

At its September 3, 2024 meeting, the City Council requested that the subject of potentially creating a new Preferential Residential Parking Program at Max Berg Plaza Park be brought back to the City Council for consideration.

Staff has discussed the potential parking changes with the Orange County Sheriff Department (OCSD), the Community Development Department, and the Beaches, Parks, and Recreation Department. Staff recommends the following points be considered if the City Council wishes to move forward with a new Residential Parking Program:
 The current parking prohibition from 10 PM to 6 AM has significantly improved public safety enforcement around the park, as it allows for better visibility and line-of-sight of on-site activities by OCSD, the Park Rangers, and the nearby residents. Consideration of maintaining some key sight lines into the park should be considered to retain effective monitoring of the park at night.
 Enforcement of residential parking programs can increase demand on resources and is typically complaint based.
 There are residences on only one side of the street which should reduce parking constraints experienced in neighborhoods with residences on both sides of the street. 18 Meeting Date: January 14, 2025 Agenda Item: 10B.

CITY OF SAN CLEMENTE 2
Additionally, parking is allowed along the Las Palmas Elementary School frontages during at night.
 The adjacent streets of West El Portal and Avenida Del Poniente just east of the park include commercial zoning and businesses that do not have extensive nighttime usage and provide overnight opportunities for residents near the park.  Max Berg Park does not have a parking lot. To address this concern, on June 15, 2021 the City Council (Attachment 1) designated the curbs immediately adjacent to the park as parking for Max Berg Plaza Park. This may need to be amended because in the summer hours the park is used long after residents typically park for the evening. Also, Residential Parking Programs are governed via the traffic code, and Max Berg Plaza Park parking is current under park regulations, not the City’s traffic code.  Creation of a Residential Parking Program in the Coastal Zone will require review by the California Coastal Commission and may require a Coastal Development Permit.

Attachment 2 shows the available night time parking of the single loaded streets, the adjacent frontages of the Las Palmas Elementary School, and the nearby commercial developments.

Background:

On June 15, 2021, the City Council designated the curbs immediately adjacent to Max Berg Plaza Park as parking and subject to the 10 PM to 6 AM curfew hours of the park (Attachment 1). This action resulted from requests to address nuisances related to overnight RV parking around the park, and to increase visibility of the park.

Municipal Code Section 10.28.260 and City Council approved Policy 401-3 (provided in Attachment 3) allows establishment of programs that entitle permitted vehicles to park on the street regardless of posted time restrictions, and also addresses basic program parameters such as number, duration and renewal of permits. For reference, there currently are four residential preferential permit parking areas as summarized in the following table:

Area Year
Established
Annual
Permit
Cost
Posted Parking
Restriction
Portion 900 Tract
(Trestles neighborhood) 1986 None 2 hour limit 8am-5pm
Montalvo / Lobeiro loop 1992 $10 2 hour limit 9am-6pm
Broadmoor / Pacifica
neighborhoods 2002 None
Varies, either:
2 hour limit 7am-3pm
weekdays; or
No parking weekdays
Ave. De La Paz 2018 None No parking 9am-Noon
on school days
Time restrictions vary by neighborhood to reflect the parking issues specific to each area. Only one area requires an annual fee for the parking permit. It is believed that the other areas were 19 Meeting Date: January 14, 2025 Agenda Item: 10B.

CITY OF SAN CLEMENTE 3
not subject to a fee due to the zoning being for single-family residences and that turnover of residents occurs much less frequently.

Per the attached Municipal Code section 10.28.260, a residential permit could be issued for each vehicle registered to a person living at the affected residential properties, and residents could obtain one guest parking permit unless that number is increased via a resolution adopted by the City Council. If a permit program is established, staff recommends publishing notice of and holding a public hearing to establish an annual permit fee of at least $10 to cover a portion of the City’s costs for the processing the annual permits.

Council Options:
 Receive and file the report. This would keep the existing parking under the current park hours of 6 AM-10 PM.
 Direct staff to work with the community, conduct a petition of the residents to confirm support, establish a Residential Parking Program boundary area, and return to City Council to formally consider the matter and update the necessary traffic and parking codes.  Continue the item and direct staff to return with an ordinance repealing the parking prohibitions adjacent to Max Berg Plaza Park.
 Continue the item and direct staff to provide additional information.

Environmental Review/Analysis:

Since this agenda item will not include actual changes within the City of San Clemente, staff has determined that the item is not considered “project” pursuant to CEQA Guidelines Section 15378. (14 CCR § 15378.) Specifically, there is no potential for action resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. In the event that the City Council directs the initiation of physical modifications to be included within the City, further environmental analysis would be needed at that time when the impacts are known and discretionary action is taken in the future.

Recommended Actions:

Staff Recommendation ..recommendation
Receive and file the report.
..end
Attachment:

1. June 15, 2021 Agenda Report for Parking Enforcement Methods Around Max Berg Park

2. Existing Parking Conditions Exhibit

3. Municipal Code Section 10.28.260 and Council approved Policy 401-3 Notification:

None.
20 Attachment 1
21 22
23 Attachment 2
24 Attachment 3
25 26
27 28
29 30
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: January 14, 2025 Agenda Item: 10C.

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

REVIEW OF REQUIREMENTS FOR BOARDING HOUSES, RESIDENTIAL CARE FACILITIES, AND SOBER LIVING HOMES ..body
Fiscal Impact:

None. This item is to provide information and receive direction on potential work for staff to initiate through a review process. However, should the City Council resolve to initiate an amendment to the San Clemente Municipal Code to increase the minimum separation requirement between boarding houses, staff anticipates costs of approximately $10,000 to $15,000 to process the amendment.

Summary:

At the December 10, 2024 City Council meeting, the City Council requested information on the City’s existing zoning requirements related to boarding houses, residential care facilities, and sober living homes in light of a recent court decision on Costa Mesa’s regulations. This information was requested to assist the City Council in determining whether potential zoning amendments should be considered to further regulate these types of land uses, specifically those related to the geographic distancing requirements contained in Costa Mesa’s ordinance. Staff assessment is that existing zoning tables and definitions are adequate for regulating the location and spacing of uses within the limitations of State law which require the provision of fair housing.

If the City Council desires to include additional regulations in the City’s municipal code, staff will initiate a zoning amendment that maintains compliance with the City’s Housing Element, and relevant State law.

Background:

Discrimination is Prohibited
The Federal Fair Housing Act (FHA), California’s Fair Employment and Housing Act (FEHA) and the Lanterman Developmental Disabilities Services Act prohibit discriminatory actions against the disabled, including enacting local zoning laws that contribute to making unavailable, or denying, housing to disabled persons. State and Federal law recognize drug and alcohol addiction recovery as a form of disability. Therefore, while the City’s zoning laws can generally grant preferential treatment and benefits making facilities for drug and alcohol addiction recovery care and treatment more available, local zoning laws cannot be more unfavorable or adversely affect such facilities in a way that treats them disparately. Furthermore, the protected activity of providing sober-living housing must be reasonably accommodated. 31 Meeting Date: January 14, 2025 Agenda Item: 10C.

CITY OF SAN CLEMENTE 2
Residential Care Facilities
Residential care facilities include various types of supportive housing for disabled people, such as intermediate care for developmentally disabled, community care facilities, facilities for senior care, residential care facilities for chronically ill, and facilities for drug and alcohol addiction recovery care and treatment. This last type of facility comprises the vast majority of residences commonly referred to as sober living homes.

Pursuant to State law, the City is required to treat certain State-licensed residential care facilities in residential zones as a single-family residential use. This applies to all state-licensed residential care facilities that provide supportive housing and care, services, and or treatment for six or fewer disabled residents. Cities are prohibited from enacting ordinances that treat these types of Statelicensed facilities differently than any other single-family dwelling. Additionally, the State, in their approval of the City’s most recent Housing Element update, required the City to update its municipal code, which has since been completed, to provide a streamlined administrative approval process for residential care facilities with seven or more residents.

Boarding Houses
Boarding houses are another form of housing for multiple residents that could also be occupied by people recovering from drug and alcohol addiction, but boarding houses differ from residential care facilities in two ways. First, boarding houses do not provide care, services, or treatment onsite. Second, boarding houses are not state-licensed facilities. Boarding houses have a resident house manager that is to supervise long-term lodging (30 days or more) with four or more contracts or rental agreements. If there are three or fewer rental contracts, then the residence is not considered a boarding house.

Boarding houses also encompass other short term housing types, defined by the SCMC as “any short-term lodging use that it is not a hotel, motel, bed-and-breakfast inn, or STLU (including STAR).” Because boarding houses are not State regulated and because they encompass a variety of short-term housing types (not only people recovering from drug and alcohol addiction), they are limited to Residential-Medium (RM) and Residential-High (RH) zoning districts with approval of a Conditional Use Permit and must be spaced at least 300 feet from each other.

Since boarding houses are not regulated by the State, there is no specific State law requiring the City to treat such uses as a single-family use. However, if disabled people reside in a boarding house, State and Federal laws do require the City to make reasonable accommodations in its zoning laws when such accommodation is reasonably necessary to afford the disabled the opportunity to use and enjoy a dwelling.

Court Decision on Costa Mesa’s Ordinance
On December 4, 2024, the U.S. Court of Appeals for the Ninth Circuit upheld Costa Mesa’s ordinance regulating sober-living-home in The Ohio House, LLC v. City of Costa Mesa et al. The ordinance was challenged by a sober-living home operator, who claimed that the ordinance violated State and Federal fair housing laws. At issue were the following specific regulations contained in Costa Mesa’s ordinance:
32 Meeting Date: January 14, 2025 Agenda Item: 10C.

CITY OF SAN CLEMENTE 3
 A general restriction on group living arrangements (boarding houses)  A special allowance for group homes (serving the disabled) and sober-living homes (serving recovering addicts, a specific legal disability) that allows:
o Small facilities (serving six or fewer) with an administrative, ministerially approved, special use permit; and
o Large facilities (serving seven or more) with a conditional use permit (CUP).  A requirement that sober-living homes be at least 650 feet apart.

The plaintiff, Ohio House, claimed that having rules that single out group homes and sober-living homes for different treatment is illegal discrimination. The Court rejected that, holding that it is not illegal if the differential treatment is to benefit the disabled. The Court found that Costa Mesa was giving more and better opportunities to sober-living homes than it was to boarding houses. For example, boarding houses are prohibited in the city’s single-family residential zone, but small group homes and sober-living facilities may operate in a single-family zone with a special-use permit.

The Court affirmed that those extra benefits could have strings attached, like separation and other permit requirements, as long as, on the whole, it works as a net benefit to disabled individuals. It was also important to the Court that Costa Mesa allows a sober-living home to proceed under the rules specific to those uses, or under the City’s general boarding house regulations. Thus, having more options was a benefit. The conclusion that Costa Mesa’s regulations benefit the disabled became the basis for the Ninth Circuit’s rejection of the court challenge.

Staff’s Assessment
Staff recommends maintaining existing zoning regulations. While the Costa Mesa ordinance has additional requirements for a use permit and 650-foot separation between houses, the majority of San Clemente’s sober living homes are state-licensed residential care facilities, which the City cannot regulate differently than a single-family residence. Those that are not State-licensed typically fall within the City’s regulations governing boarding houses, which require the Planning Commission’s approval of a CUP and include a minimum 300-foot distance separation from other boarding houses. Further, staff has three additional concerns:

1. The 9th Circuit Court’s decision was based, in large part, on Costa Mesa’s ordinance providing additional benefits to sober living homes, including the wider array of Costa Mesa’s residential zones where sober living homes are allowed in compared to where boarding houses are allowed. Since the City’s ordinance does not specifically regulate the occupants of residential dwellings, only the performance of those dwellings, staff believes that the State would very likely require an expansion of the areas where these types of uses are allowed in San Clemente if additional regulations related specifically to sober living homes were adopted by the City Council.

2. While the recent court case upheld the Costa Mesa ordinance, the City’s zoning requirements have been challenged in court cases on multiple occasions since the City started to impose regulations on boardinghouses and short-term occupancy uses approximately 9 years ago. Changing them could open the City to more potential litigation. 33 Meeting Date: January 14, 2025 Agenda Item: 10C.

CITY OF SAN CLEMENTE 4

3. If a house is state-licensed and provides care, it is a residential care facility that neither the City, nor any city, including Costa Mesa, can regulate differently than a single-family residence. The Costa Mesa ordinance creates a separate category for sober living homes that provide supportive housing for disabled people recovering from drug and alcohol addiction without providing them care, services, and treatment. If special sober living home rules were adopted, that would require the City to be able to confirm with certainty whether a residence provides any care, services, or treatment, for people recovering from drug and alcohol addiction, to be considered a sober living home versus a residential care facility. Staff has concerns that this would be difficult to enforce effectively and practically.

While a boarding house could function as a sober living home that does not provide any care, services, or treatment, that is not common practice based on the City’s experience in code enforcement. A boarding house in that instance is currently limited to multi-family residential zones with a 300-foot distancing requirement, which may or may not house people with disabilities such as drug and alcohol addiction recovery. This is a low number relative to the number of dwelling units in these zones, therefore the current zoning seems to be adequately addressing overconcentration of these uses.

However, as mentioned above, most sober living homes in San Clemente provide some form of care, services, or treatment and are considered a state-licensed residential care facility, which the City has little-to-no means to regulate beyond State law. However, if the City Council wishes to consider changes to zoning standards, one option may be to enlarge the separation requirement between boarding houses from 300 feet to possibly 650 feet like Costa Mesa’s ordinance. As part of a review process, the City would consult with the State Department of Housing and Community Development Department (HCD) to get their feedback on zoning changes, given their interest in ensuring fair housing in accordance with State law. If the City Council wishes to initiate zoning amendments, the attached resolution is provided for consideration.

Council Options:
 Take no action and maintain current zoning standards that require boarding houses to be separated a minimum of 300 feet, when allowed in Residential-Medium or Residential-High zoning districts with a Conditional Use Permit.
 Initiate zoning amendments with direction to consider increases to the 300-foot minimum separation requirement between boarding houses. This would involve the adoption of the attached resolution.
 Initiate zoning amendments with alternative direction.  Table this item and request additional information before deciding on whether to initiate zoning amendments.

Environmental Review/Analysis:

This is item does not involve a “project” under the California Environmental Quality Act (CEQA).

If the City Council initiates zoning amendments, an environmental analysis will be completed during the review process according to CEQA with findings recommended by the Planning Commission and presented to the City Council at a later date. 34 Meeting Date: January 14, 2025 Agenda Item: 10C.

CITY OF SAN CLEMENTE 5
Recommended Actions:

Staff Recommendation ..recommendation
Direct staff on whether to initiate zoning amendments to increase the current 300-foot minimum separation requirement between boarding houses.
..end
Attachment:

1. Resolution initiating zoning amendments to increase the current 300-foot minimum separation requirement between boarding houses

2. Existing zoning definitions and regulations related to residential care facilities and boarding houses
Notification:

None.
35 Attachment 1
RESOLUTION NO. 25-01

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, TO INITIATE AN

ORDINANCE TO AMEND BOARDING HOUSE

REQUIREMENTS
WHEREAS, San Clemente’s land development regulations, specified in the San Clemente Municipal Code, Title 17, Zoning, govern the use and development standards applicable within certain zones, including areas regulated by the City’s various specific plans, and are designed to achieve the goals of future development described in the City’s General Plan; and
WHEREAS, the Federal Fair Housing Act Amendments ("FHAA") and the California Fair Employment Housing Act ("FEHA") prohibit enforcement of zoning ordinances that would have the effect of discriminating against equal housing opportunities for the disabled; and
WHEREAS, a core purpose of the FHAA, FEHA and California's Lanterman Developmental Disabilities Services Act is to provide a broader range of housing opportunities to the disabled; to free the disabled, to the extent possible, from institutional style living; and to ensure that disabled persons have the opportunity to live in normal residential surroundings and use and enjoy a dwelling in a manner similar to the way a dwelling is enjoyed by the non-disabled; and
WHEREAS, to fulfill this purpose, the FHAA and FEHA also require that the City provide reasonable accommodations to its zoning ordinances if such accommodation is necessary to afford the disabled an equal opportunity to use and enjoy a dwelling; and WHEREAS, the Lanterman Act fulfills this purpose in part by requiring cities to treat state licensed residential care facilities serving six or fewer as a residential use; and WHEREAS, the State Department of Housing and Community Development (HCD), in its certification of the City’s Housing Element, was involved and provided direction to provide a means to streamline State-licensed residential care facilities serving seven or more people as a residential use; and
WHEREAS, the City Council wishes to consider changes to zoning regulations to control residential uses for drug and alcohol recovery that do not operate within the State law parameters for being a residential care facilities, and thus the City has more means to regulate such uses, including boarding houses, and to ensure, among other things, that disabled persons have the opportunity to live in normal residential surroundings and use and enjoy a dwelling in a manner similar to the way a dwelling is enjoyed by the non-disabled without creating an overconcentration that would erode the normal residential surroundings to the detriment of the disabled persons and all those living in such neighborhoods.

NOW, THEREFORE, the City Council of the City of San Clemente does hereby resolve as follows:
36 Resolution No. 25-01 Page 2
Section 1. That the above recitations are true and correct and incorporated fully herein.

Section 2. That the City Council hereby directs staff to initiate an ordinance to amend the San Clemente Municipal Code to establish increased minimum-distancing requirements for boarding houses as directed at the City Council meeting on January 14, 2025.

Section 3. That the City Council hereby directs staff to conduct the appropriate environmental review pursuant to the California Environmental Quality Act (CEQA).

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

PASSED AND ADOPTED this _____ day of ____________________, _______.

ATTEST:
___________________________ __________________________
City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California
37 Resolution No. 25-01 Page 3

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

CITY OF SAN CLEMENTE )
I, Laura Campagnolo, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 25-01 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
38 Existing Zoning Regulations Attachment 2
Boarding Houses
Table 17.32.030 - Residential Zone Uses
Zones with a “P” permit the use and “C” allow a use with a Conditional Use Permit.

Use RVL RL RML RM RH NOTE

2. Lodging
Boardinghouse18 C C 18, 22
Table notes 18 and 22
18 A boardinghouse may not be located within three hundred (300) feet of any other boardinghouse measured by following a straight line without regard to intervening buildings from the nearest point of the parcel on which the proposed boardinghouse is to be located to the nearest point of the parcel that contains the existing boardinghouse. No more than one (1) boardinghouse is allowed on a legal parcel. 22 But if the boardinghouse is a Residential Care Facility (as defined by Section

17.88.030), allowed administratively under Chapter 5.38 (Residential Care Facility Boardinghouse—Streamlined Administrative Approval).

Table 17.40.030 - Mixed-Use Zone Uses
Zones with a “C” allow a use with a Conditional Use Permit

USE ZONES

2. Lodging MU 1 MU 2 MU 3.0 MU 3.1 MU 3.2 MU 3.3 MU 5 NOTE Boardinghouse C 29, 31
Table notes 29 and 31

29. A boardinghouse may not be located within three hundred (300) feet of any other boardinghouse measured by following a straight line without regard to intervening buildings from the nearest point of the parcel on which the proposed boardinghouse is to be located to the nearest point of the parcel that contains the existing boardinghouse. No more than one (1) boardinghouse is allowed on a legal parcel.

31. But if the boardinghouse is a Residential Care Facility (as defined by Section

17.88.030), allowed administratively under Chapter 5.38 (Residential Care Facility Boardinghouse—Streamlined Administrative Approval).

Section 17.88.030, Definition “Boarding House”
"Boardinghouse" means either of the following:

1. A dwelling unit or any portion thereof used to provide long-term lodging under four (4) or more individual contracts or rental agreements.2.Any short-term lodging use that it is not a hotel, motel, bed-and-breakfast inn, or STLU (including STAR). Because a STLU is inherently limited to a single rental contract under Subsection 17.28.292C.

2. A boardinghouse under this second definition covers all multiple-rental, short-term lodging uses that are not a hotel, motel, or bed-and-breakfast inn. 39 Existing Zoning Regulations Page 2
Residential Care Facilities
Residential care facilities with six or fewer residents are permitted by State law. Similarly, as noted above for boarding houses, if a boarding house provides care for residents to be defined as “residential care” under State law, the City permits the use in residential zones.

Table 17.32.030 - Residential Zone Uses
Zones with a “P” permit the use
Use RVL RL RML RM RH NOTE

4. Residential Uses
Residential Care Facilities, when licensed to
serve six or fewer persons

P P P P P
Section 17.88.030, Definition “Residential Care Facility” "Residential care facility" means an intermediate care facility/developmentally disabled-habilitative or an intermediate care facility/developmentally disabled nursing, as defined by California Health and Safety Code section 1250; a community care facility, as defined by California Health and Safety Code section 1502; a residential care facility for the elderly, as defined by California Health and Safety Code section 1569.2; a residential care facility for persons with chronic life-threatening illness, as defined by California Health and Safety Code section 1568.01; an alcoholism or drug abuse recovery or treatment facility, as defined by California Health and Safety Code section 11834.02; a pediatric day health and respite care facility, as defined by California Health and Safety Code section 1760.2; a congregate living health facility, as defined by California Health and Safety Code section 1250; or a family care home, foster home, or group home serving persons with mental health disorders or other disabilities or dependent and neglected children under California Welfare and Institutions Code section 5116.

Group Homes and Sober Living Homes
There is no City definition, use type, or regulations specific to “group homes” or “sober living homes”. They are regulated either as a boarding house, residential care facility or standard residential unit depending on how they are occupied or operated. 40 910 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: January 14, 2025 Agenda Item: 10D.

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

CONSIDERATION OF A RESOLUTION TO INITIATE A GENERAL PLAN AMENDMENT AND

A ZONING AMENDMENT TO THE SAN CLEMENTE MUNICIPAL CODE TO ESTABLISH A

GATEWAY OVERLAY DISTRICT, WHICH WOULD ESTABLISH GATEWAY SPECIFIC

DEVELOPMENT STANDARDS TO ENCOURAGE DEVELOPMENT THAT SUPPORTS THE ECONOMIC DEVELOPMENT AND URBAN DESIGN GOALS OF THE GENERAL PLAN; ACCEPTING GRANT FUNDING; AND MAKING A RELATED SUPPLEMENTAL APPROPRIATION ..body
Fiscal Impact:

There are fiscal impacts resulting from the cost for staff to draft an ordinance, and process an amendment through the Planning Commission prior to its return for City Council consideration.

Drafting an ordinance will involve costs for staff and legal counsel time, and required California Environmental Quality Act (CEQA) review. Such costs are estimated to be approximately $150,000 and potential grant funding has been identified to cover these expenses. As part of the recommended actions, staff requests that City Council accept the grant funding and approve a supplemental appropriation to General Fund Account No. 001-433-43890.

Summary:

For the City Council’s consideration, staff presents a resolution directing staff to initiate an amendment to the General Plan and the San Clemente Municipal Code (SCMC) Title 17, Zoning (“Zoning Ordinance”), to establish a Gateway Overlay District, which would establish gateway specific development standards to encourage development that supports the economic development and urban design goals of the General Plan. The purpose of this amendment is to encourage commercial and mixed-use development that supports the economic development goals of the General Plan in certain areas where it can be demonstrated that such enhanced development would provide compensating community benefits while avoiding significant negative impacts on residential neighborhoods.

On September 17, 2024, the City Council considered a resolution to initiate a zoning amendment to the San Clemente Municipal Code to enhance development standards related to visitor-serving commercial uses to encourage development that supports the Economic Development Goals of the General Plan. The City Council received public comment related to the proposed amendments referred to as the Vista Hermosa Freeway Interchange Overlay, and directed staff to evaluate additional opportunities for economic development. The expanded direction of the City Council envisions a new overlay that would incorporate targeted development standards, processes, and public benefit opportunities at all properties within identified City Gateways (refer to Attachment 2, General Plan Figure UD-1, Gateways). Attachment 3 is a sample zoning 41 Meeting Date: January 14, 2025 Agenda Item: 10D.

CITY OF SAN CLEMENTE 2
amendment for Gateway Overlay standards that was developed by staff and provides draft language that such an overlay could contain to assist the City Council in establishing direction on this potential amendment.

Gateways are discussed in the Land Use and Economic Development Elements of the General Plan, but they are most clearly defined in the Urban Design Element (UD-5):

Gateways
Gateways are transitional places and visual cues that announce entrances to cities, neighborhoods or districts. From a land use and urban design perspective, important features of gateways include architecture, landscaping, views, lighting, streetscape, and signage. San Clemente has many gateways… to special places, each with its own unique identity. From our freeway off-ramps, which often serve as a visitor’s first glimpse into our community, to the thresholds of our distinct commercial districts, to the physical and visual entryways into our rich natural and recreational resources, San Clemente’s gateways are a reflection of our unique heritage, our commitment to preserving our Spanish Colonial Revival architectural character and our expectations for quality development and design.

GOAL: Create clearly marked and aesthetically pleasing entry points into San Clemente and its many unique neighborhoods and districts, and ensure that such gateways incorporate quality architecture, historic resources, distinctive landscaping, signage and streetscape features that create a sense of arrival and reinforce the City’s identity and unique architectural character.

If the City Council approves the proposed Resolution initiating these amendments (Attachment 1), no changes would immediately occur. Rather, the action would direct staff to initiate all actions necessary to accomplish the proposed zoning amendment. The amendment language would be evaluated under CEQA and would be reviewed by the Planning Commission, which would forward a recommendation to the City Council for final consideration.

Background:

San Clemente’s existing development regulations, outlined in the City’s Zoning Ordinance, govern the use and development standards applicable within certain zones and overlays, including areas regulated by the City’s various specific plans. These development standards are designed to achieve the goals of future development described in the City’s General Plan. These goals include the preservation and enhancement of existing residential neighborhoods, the preservation of the City’s historic resources, encouraging vibrant and distinct commercial and mixed-use areas, and architectural consistency and compatibility of in-fill development within existing developed areas, to name a few. Along with these development goals, the General Plan also includes policies to encourage economic development that is integrated within the existing business landscape and provides vitality to the business community.

Specific policies contained within the General Plan require the City to investigate the possibility of creating new initiatives to achieve unmet General Plan goals. One such example is Economic Development Policy ED-3.03, Fiscal Benefits, which states: “We continuously seek ways to increase the net fiscal benefits from tourism and to efficiently allocate revenues to implement the economic development strategy.”
42 Meeting Date: January 14, 2025 Agenda Item: 10D.

CITY OF SAN CLEMENTE 3
Furthermore, over the past few years, several development opportunities have stalled due to the potential need for General Plan or Zoning Ordinance amendments. Such amendments could be tailored to better facilitate and encourage certain amenities that provide public benefit and foster responsible and beneficial commercial development. Potential amendments would also provide more clarity for developers and streamline the zoning-permitting process. This would be especially suited for developments that are designed to avoid adverse impacts on existing residential neighborhoods.

In further researching this topic at the City Council’s request, staff has identified an economic development constraint related to City Gateways. Because of their location, primarily at highly trafficked intersections and freeway ramps, the land cost is very high. Added to that, the City maintains the highest design standards at these locations. For instance, Urban Design Policy

2.01 sets the standards for architecture and design quality: “We require high quality design for buildings at visually significant locations in gateway areas. New buildings and major remodels in Gateway areas adjacent to or opposite I-5 offramps, as shown in Figure UD-1 [Attachment 2], shall follow Spanish Colonial Revival architectural style, except where otherwise specified in the Design Guidelines and other adopted policies. It is imperative that the City maintain high quality Spanish architecture in these locations, which necessitates additional financial investment in any developments in these locations.”
Many cities have investigated or established a community benefit program as a means to provide flexibility that encourages economic development while also capturing value added benefit in developments through public benefits (see Attachment 4). Staff believes that a public benefit program can be facilitated through a Gateway Overlay that targets incentives to key visual and visitor serving locations throughout the City that will support economic development and result in projects that meet General Plan goals and provide community benefits.

Discussion:

Staff has considered the necessary components of an amendment to the General Plan and Zoning Ordinance to achieve the City Council’s communicated desires to encourage and foster economically-beneficial, visitor-serving, commercial and mixed-use development. Specifically, staff recommends a new Gateway Overlay District to accomplish the City Council’s desires. Such an Overlay District could include the following parameters:
 Applicability: The provisions proposed would apply to properties within Gateways as designated in the General Plan.
 Project Incentives: Allow flexibility within certain regulations contained in the new Gateway Overlay District that apply when projects provide specific community benefits. For projects that meet certain community-benefit criteria as identified within the Overlay standards, projects could receive commensurate incentives to facilitate development. Potential examples are listed below and included within a sample Zoning Amendment, provided as Attachment 3:
 Community Benefit examples:
o Surplus parking or shared parking for public use;
o Multi-modal facilities, including bike or NEV parking; 43 Meeting Date: January 14, 2025 Agenda Item: 10D.

CITY OF SAN CLEMENTE 4
o Public access points, such as a courtyards or rooftop decks; o Public art;
o Reduction of curb cuts that improve pedestrian environment and/or provide new on-street parking;
o Contribution to the City’s Trolley Program;
o Easements to establish new sidewalks or bike lanes; and o Transient Occupancy Tax.
 Commensurate Incentives could include:
o Reduced building setbacks;
o Increased height (as limited within the Overlay provisions); o Maintenance of nonconforming status; or
o Reduction in parking standards.
o Sound walls and noise attenuation devices to reduce impacts from freeway noise and dust on applicable commercial projects;
After City Council initiation, staff would develop the final language (both technical and legalese) of the requested amendments to the General Plan and Zoning Ordinance. One component of the amendments would be further evaluation of establishing an equitable framework that balances the potential value of the public benefit with the value capture of the requested incentive. Another component would be soliciting public feedback from residents through the hearing process of preferences for particular public benefits. The Planning Commission would review the proposed amendment and related environmental review and provide a recommendation to the City Council.

The City Council would be the final hearing body for the General Plan and Zoning Amendment.

Council Options:
 Adopt Resolution No. 25-02 to initiate an amendment to the General Plan and the San Clemente Municipal Code (SCMC) Title 17, Zoning (“Zoning Ordinance”), in similar form and substance to Attachment 3, to establish a Gateway Overlay District, which would establish gateway specific development standards to encourage development that supports the economic development and urban design goals of the General Plan.  Modify and then adopt Resolution No. 25-xxx. Modification could include directing staff to draft an amendment that applies to a reduced area (e.g., only Freeway Gateways) or expanded area or specify additional examples of community benefits or project incentives.  Continue the item with the direction to staff to provide additional information.  Do not approve Resolution No. 25-02. This action will result in no new ordinance being drafted to address economic development within gateways, thereby leaving existing SCMC provisions in place unamended.

Environmental Review/Analysis:

The initiation of an amendment to the General Plan or the City’s Municipal Code does not qualify as a "project" under the California Environmental Quality Act (CEQA) because it only involves the work of staff to draft such an ordinance for future City Council consideration and has no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment (State CEQA Guidelines, § 15378, subd. (a)). The action merely provides approval to allocate 44 Meeting Date: January 14, 2025 Agenda Item: 10D.

CITY OF SAN CLEMENTE 5
staff time to draft a potential ordinance, and does introduce any new activities or changes that could affect the environment. The proposed ordinance itself after being drafted would go through the appropriate environmental review.

However, if the attached resolution is approved, staff would be required to conduct an environmental assessment under CEQA and such analysis would be reviewed by the Planning Commission and a final determination would be made by the City Council upon consideration of the proposed General Plan and Zoning Amendment. It is not clear at this time what type of CEQA document would be required, as that will be a function of City Council’s direction on how to proceed with the proposed amendment.

Recommended Actions:

STAFF RECOMMENDS that the City Council adopt Resolution No. 25-xxx, which would direct staff to do the following:

1. Initiate an amendment to the General Plan and the San Clemente Municipal Code (SCMC) Title 17, Zoning (“Zoning Ordinance”), in similar form and substance to Attachment 3, to establish a Gateway Overlay District, which would establish gateway specific development standards to encourage development that supports the economic development and urban design goals of the General Plan; and

2. Accept grant revenues in the amount of $150,000 to Account No. 001-000-33446 (Coastal Grant Revenue); and

3. Approve a supplemental appropriation of $150,000 to Account No. 001-433-43890 (other contractual services) to cover the costs for staff and legal counsel review, and processing of required CEQA analysis.
..recommendation
..end
Attachment:

1. Proposed Resolution No. 25-02

2. Map of Gateways, General Plan Figure UD-1

3. Sample Zoning Code Amendment: 17.56.130 – Gateway Overlay

4. Article: “Best Practices for Implementing a Community Benefits Program”, California Planning Roundtable, July 15, 2017
Notification:

None.
45 Attachment 1
RESOLUTION NO. 25-02

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, TO INITIATE AN

AMENDMENT TO THE GENERAL PLAN AND THE SAN
CLEMENTE MUNICIPAL CODE (SCMC) TITLE 17,
ZONING (“ZONING ORDINANCE”) TO ESTABLISH A

GATEWAY OVERLAY DISTRICT, WHICH WOULD

ESTABLISH GATEWAY SPECIFIC DEVELOPMENT

STANDARDS TO ENCOURAGE DEVELOPMENT THAT

SUPPORTS THE ECONOMIC DEVELOPMENT AND
URBAN DESIGN GOALS OF THE GENERAL PLAN;
ACCEPTING GRANT REVENUES; AND MAKING A

RELATED SUPPLEMENTAL APPROPRIATION
WHEREAS, San Clemente’s land development regulations, specified in the San Clemente Municipal Code, Title 17, Zoning, govern the use and development standards applicable within certain zones, including areas regulated by the City’s various specific plans, and are designed to achieve the goals of future development described in the City’s General Plan; and
WHEREAS, the goals of the City’s General Plan include the preservation and enhancement of existing residential neighborhoods, the preservation of the City’s historic resources, encouraging vibrant and distinct commercial and mixed-use areas, architectural consistency and compatibility of in-fill development within existing developed areas, among others; and
WHEREAS, the City’s General Plan includes Economic Development Policy ED3.03, Fiscal Benefits, which states: “We continuously seek ways to increase the net fiscal benefits from tourism and to efficiently allocate revenues to implement the economic development strategy”; and
WHEREAS, the City Council desires to better incentivize certain visitor-serving, commercial projects and mixed-use developments to achieve the City’s economic development goals by enhancing City Gateways through gateway specific development standards; and
WHEREAS, the City Council desires to establish flexibility within these standards to establish means of encouraging public benefits through use of incentives and concessions.

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

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

Section 2. That the City Council hereby directs staff to initiate an ordinance to amend the General Plan and the San Clemente Municipal Code (SCMC) Title 17, Zoning 46 Resolution No. 25-02 Page 2
(“Zoning Ordinance”) to establish a Gateway Overlay District, which would establish gateway specific development standards to encourage development that supports the economic development and urban design goals of the General Plan, in a form, and with substance, similar to the document provided as Attachment 3 to the agenda report entitled, “CONSIDERATION OF A RESOLUTION TO INITIATE A GENERAL PLAN

AMENDMENT AND A ZONING AMENDMENT TO THE SAN CLEMENTE MUNICIPAL

CODE TO ESTABLISH A GATEWAY OVERLAY DISTRICT, WHICH WOULD

ESTABLISH GATEWAY SPECIFIC DEVELOPMENT STANDARDS TO ENCOURAGE

DEVELOPMENT THAT SUPPORTS THE ECONOMIC DEVELOPMENT AND URBAN DESIGN GOALS OF THE GENERAL PLAN; ACCEPTING GRANT FUNDING; AND MAKING A RELATED SUPPLEMENTAL APPROPRIATION,” dated January 14, 2024.

Section 3. That the City Council hereby directs staff to conduct the appropriate environmental review pursuant to the California Environmental Quality Act (CEQA).

Section 4. That the City Council hereby authorizes and directs staff to accept grant revenues in the amount of $150,000 to Account No. 001-000-33446 (Coastal Grant Revenue); and make a supplemental appropriation to General Fund account #001-433- 43890 for $150,000 to cover the costs for staff and legal counsel review and processing of required CEQA analysis.

Section 5. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

PASSED AND ADOPTED this _____ day of ____________________, 2025.

ATTEST:
___________________________ __________________________
City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California
47 Resolution No. 25-02 Page 3

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 25-02 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
48 Qh
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N El Camino Real
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Camino Capistrano
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Calle del Cerro
Avenida Pico
Avenida Vista Hermosa
Gateways
Figure UD-1
Qh Freeway Gateways
Qh Other Gateways
02 1,200 ,400 4,800
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7/12/2017
Attachment 2
49 Attachment 3

17.56.130 – Gateway Overlay.

A. Purpose and Intent. It is the purpose and intent of the Gateway Overlay [GO] to provide an option of increasing the development potential (see Incentives) for the establishment of Commercial or Mixed-Use projects which provide enhanced community benefits. Successful projects will benefit the entire community through public benefits and revenue generation that can be used to provide public safety services, maintenance of community resources, and economic development support.

B. Applicability. The provisions in this section apply to properties within Gateways as defined and identified within the General Plan. Refer to Figure UD-1 within the Urban Design Element. Projects that provide Community Benefits (C) are eligible for Project Enhancement Incentives (D). An applicant for a Project Enhancement Incentive pursuant to subdivision (D) may submit a proposal for the specific incentive(s) that the applicant requests pursuant to this Section. The City shall not be obligated to grant the incentive(s) requested by the applicant if the City makes a written finding of any of the following:

1. The incentive would have a specific, adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5 of the California Government Code, upon public health and safety or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact without rendering the development unaffordable to low-income and moderate-income households.

2. The incentive would be contrary to state or federal law.

3. The incentive would not be in the best interest of the City of San Clemente and use of the property in accordance with the underlying zone would be more consistent with the established goals and policies of the City.

C. Community Benefits. The following Community Benefits are desirable to the City of San Clemente. Inclusion of these benefits (C.1) warrant consideration of Project Enhancement Incentive(s).

1. Recognized Community Benefits:
a. Surplus parking or shared parking for public use;
b. Multi-modal facilities, including bike or NEV parking; c. Public access spaces (minimum 1000 square feet), open to the general public during business hours, such as a courtyards or rooftop decks; d. Public art, such as large sculptures or murals;
e. Reduction or removal of curb cuts that improve pedestrian environment and/or provide new on-street parking;
f. Contribution to the City’s Trolley Program;
g. Contributions to unfunded City Capital Improvement Projects within a half mile of the project site;
h. Easements to establish new sidewalks or bike lanes;
i. A use that generates Transient Occupancy Tax;

2. Other Community Benefits. An alternative community benefit may be proposed by the applicant. The City may accept the proposed community benefit if it is determined that the community benefit is significant enough to warrant the allowance of a Project Enhancement Incentive similar to other community benefits referenced in this subsection.

D. Project Enhancement Incentives. Projects that provide community benefits may request incentives per subsection (C) via a Conditional Use Permit. Incentives may include:
50 1. Expedited Processing. Project applications in the Gateway Overlay area will be given high priority by staff and scheduling priority by the Planning Commission or any other body reviewing the application.

2. Unclassified Land Use. A project may include a use not classified within the underlying zone so long as the following additional findings are met demonstrating that the proposed use is:
a. Consistent with the purposes of the Gateway Overlay; b. Consistent with the general character of surrounding land uses; c. A specific type of commercial use that does not exist elsewhere in the city; and
d. A mixed-use project that provides both commercial and residential compatible uses.

3. Permit Fee Reductions. Incentives can be used to reduce permit fees on a proportional basis established by the City Council.

4. Reduced Set Backs. In order to properly accommodate traffic patterns, improve the safety of pedestrian facilities, and expand vehicular site lines, the placement of structures on the site is critical. Projects in the Gateway Overlay area can be modified when it can be demonstrated that reduced setbacks can improve the overall site design.

5. Roof top decks and patios. Structures in the Gateway Overlay area may implement a roof top deck or patio that exceeds the allowable building height provided the following regulations are satisfied:
a. The surface on which the roof top deck or patio is situated must be in compliance with all other height requirements of the underlying zoning district or Specific Plan.
b. The roof top deck or patio may not be enclosed, except that an enclosed kitchen or bar area may be allowed that is demonstrated to be no larger than necessary to serve the roof top deck or patio area; an elevator shaft providing access to the roof top deck or patio may be enclosed; and bathrooms no larger than necessary to serve the roof top deck or patio area may be enclosed.
c. All enclosed areas allowed above must incorporate the architectural features employed in the remainder of the building.
d. A roof top deck or patio must be situated in a manner that allows the intended locational enhancement, such as ocean views, that will minimize impacts on surrounding properties.

6. Sound walls and noise attenuation devices. Projects may incorporate sound attenuation devices to reduce impacts from freeway noise and dust on applicable commercial projects;

7. Maintenance of nonconforming status. Repairs, alterations, or expansions of nonconforming structures shall not be restricted.

8. Other Incentive. An alternative incentive may be proposed by the applicant. The City may accept the proposed incentive if it determines that the incentive has greater public benefit in the site specific considerations than the other incentives referenced in this subsection.

E. Calculation of Incentives: The applicant shall demonstrate that the significance of the Community Benefits provided as part of the proposed project are commensurate to the Incentive(s) requested. The demonstration of this comparison shall include evidence or documentation substantiating the significance of the Community Benefits provided and Project Enhancement Incentives requested. The applicant shall receive the following number of Project Enhancement Incentives:
a. One incentive for projects that provide at least two community benefits. 51 b. Two incentives for projects that provide at least four community benefits. c. Three incentives for projects that provide at least six community benefits. 52 California Planning Roundtable

BEST PRACTICES FOR IMPLEMENTING A COMMUNITY

BENEFITS PROGRAM
Hanson Hom, AICP, Vivian Kahn, FAICP, and Matt Taecker, AICP July 15, 2017
Community Benefits as a Planning Practice
Community benefits are measures that are voluntarily incorporated into a development project and exceed requirements that municipalities can impose to mitigate project impacts or comply with regulations. Exactly how additional development capacity is exchanged for additional community benefits may be negotiated on a case-by-case basis through a development agreement, or codified as part of a regulatory process. Community benefits programs typically grant a developer additional floor area, height, density or other increase in development intensity in exchange for providing community benefits. Benefits may also include expedited permit processing and regulatory certainty. The program is optional for developers and is customized by each jurisdiction to address community priorities. A common objective is developing a regulatory framework, such as incentive zoning, where community benefits can be incorporated into project approvals without requiring a separate development agreement.

A broad definition of public benefits includes various development prerequisites or exactions as defined by city ordinances (e.g. park, school, traffic and housing impact fees,) or local economic and fiscal benefits (e.g. increased tax revenues and new jobs.) Many contend that such benefits primarily address the direct impacts of development or, in the case of jobs, generate impacts that offset the benefits. For the purpose of this paper, community benefits are more narrowly defined as items that exceed the prerequisites for development required through standard regulatory methods. Community benefits are distinguished from measures imposed on projects under the State Mitigation Fee Act (Government Code More cities are considering community benefits programs to supplement or provide an alternative regulatory tool to entitle development projects. These programs leverage developers to offer community benefits in exchange for added development capacity. Programs may be applied to both residential and non-residential development, such as office projects.

Community benefits programs vary widely in terms of how they are implemented and are highly influenced by local market conditions and community objectives. What works in one community is not automatically transferable to another community. Effective programs require constructive communication and cooperation between city officials, developers, residents and community groups. This paper discusses factors to consider for structuring a successful community benefits program. Best practices are recommended, accompanied by insights on the pros and cons of certain practices.

Attachment 4
53 2
Best Practices for Implementing a Community Benefits Program 66000) or the California Environmental Quality Act (CEQA) because they do not require a nexus study or a proportional relationship between the impact and the measure.

Municipalities typically articulate and prioritize community needs in policy plans, which help to justify the purpose for codified community benefits programs, although the plans may not specifically identify this. Examples of enhanced community benefits beyond standard project requirements and mitigation measures requirements, include:
✓ Affordable housing units/housing fees
✓ Neighborhood amenities
✓ Streetscape beautification
✓ Unfunded public improvements and
operations and maintenance costs
✓ Landscaping, parks and open space
enhancements
✓ Childcare facilities
✓ Community center/library enhancements
✓ Public art
✓ Complete streets, pedestrian and bicycle
improvements
✓ Transit facilities and services
✓ Traffic reduction and traffic calming
✓ Police/fire facilities and services
✓ Workforce development (e.g. living wage,
local hiring, training/apprenticeship
programs)
✓ Sustainability/energy conservation/green
building measures
✓ Funding for social and community
programs
Many of the above benefits are also addressed through zoning regulations, standard ordinances and discretionary permit approvals. What makes these “extraordinary” is when a local jurisdiction seeks a greater level of benefit than can be obtained through traditional means; for example, providing additional public improvements to address existing community deficiencies beyond the proportional share of improvements needed to serve the new population associated with a project. Community benefits can also offer funds to address city-wide needs, which may not be directly related to a particular development, such as payments into a housing trust fund City of Sunnyvale: new fire station serving new
tech office campus and business park
City of Redwood City: Open space and trail system
54 3
Best Practices for Implementing a Community Benefits Program Value Capture Concept
Community benefits programs use private development to advance a city’s policies and its vision for the future. The central concept underlying community benefits is “value capture or recapture.” Assuming favorable market conditions, municipalities can allow for higher density development through incentive zoning, which can increase a developer’s financial gain. This potential increase in profit margin is the basis for community benefits. Since a municipality created this added value through its municipal authority and public improvements, the rationale is that it is fair and valid to capture or recapture a share of the resulting net increase in market value.

For value capture, base zoning is kept at a lower level for readily permitted or “by-right” development, with greater development possible by contributing benefits defined by an ordinance or through a negotiated process. The pre-development market value of a project site would theoretically be lower, although multiple factors affect property values. Assuming a lower initial market value, a higher value capture and greater community benefits can potentially be realized by a municipality.

By limiting development capacity, cities can constrain development capacity and limit development at locations where market conditions may support higher densities, such as adjacent to transit in high growth communities. Adopting a capture value strategy can be perceived as deliberately setting land values low to sell density for fiscal gains. Municipalities should use value capture to serve a legitimate public purpose, such as financing of community facility deficiencies, and do so in ways that avoid conflict with other policy priorities.

Historic Precedence
While community benefits programs have received much attention from California jurisdictions in recent years, the concept is not new. This practice has been used for many years by large cities such as Chicago, Vancouver and New York, as well as California cities such as Berkeley, San Diego, San Francisco and Santa Monica. It has been recently adopted by Emeryville, Oakland, Redwood City and Sunnyvale 55 4
Best Practices for Implementing a Community Benefits Program among others. The goal is to gain additional concessions or contributions from development projects beyond those available through nexus-based regulatory methods.

An early incentive-based approach for achieving community benefits is California’s Density Bonus Law (Government Code 65915) for affordable housing that was enacted in 1979 (with subsequent amendments thereafter). Affordable housing is an essential and critical community benefit. State law grants residential developers the right to additional density, including possible waivers or exceptions to zoning standards, if very low, lower income or special needs housing are included in projects for a minimum 30-year term. The result is that communities “capture” a portion of the financial gain from increased development capacity by having more affordable housing units.

Development agreements (DA) have also been a longstanding tool for municipalities to capture value and receive community benefits, but are not the only mechanism for employing this approach. DAs are defined and regulated by California law (Government Code 65865) and are voluntary contracts between a municipality and another party that are adopted through legislative action. These agreements often commit a developer to specific community benefits in exchange for negotiated development rights or entitlement guarantees. Residents in some communities have a negative view of DAs because they perceive a lack of transparency and predictability. For this reason, many municipalities have been incorporating community benefits in their zoning regulations and specific plans for defined areas.

Impetus for Expanding Community Benefits
While affordable housing is a common application of community benefits because of the State Density Bonus Law, municipalities have been expanding the scope of community benefits as listed above. The growing interest in community benefits programs and incentive-based regulatory approaches are propelled by the following factors:

Community Response: Community benefits can offset community opposition and resistance to development and alleviate concerns about the impact of growth on quality of life and community facilities. Infill development is perceived to have a greater impact on existing municipal facilities and services, and arguments opposing development typically include accusations that developers are “not paying their way.” While infill projects often do not have a negative fiscal impact on municipal services and certainly have less impacts that urban sprawl, this public illusion is very difficult to dispel despite the available literature and studies. For practical reasons, community benefits are offered as a credible response to public concerns over growth and change.

Regulatory Flexibility: Municipalities are seeking a more streamlined and flexible regulatory tool for achieving community benefits. Other methods, such as assessment districts and impact fees, have inherent limitations and implementation obstacles that require nexus or proportional benefit analyses and findings. Incentive zoning is viewed as a valid alternative approach that is more flexible because it is voluntary and therefore is not subject to the same fair benefit standards. While flexibility is an objective, transparency and predictability continue to be issues, similar to other regulatory tools.

Value Capture: Where development conditions are strong, municipalities believe it is justified to capture a portion of the increased market value from new development, which they contend is due in part to public investment in community and infrastructure improvements. The caution is that market conditions are dynamic, and opportunities for community benefits will correlate with market cycles and may be 56 5
Best Practices for Implementing a Community Benefits Program limited in areas with a challenging development climate. Municipalities also affect market conditions and development opportunities through their land use policies, zoning regulations and entitlement processes.

Sunset of Redevelopment: Redevelopment agencies were eliminated in January 2012, which resulted in the loss of funds for:
✓ Economic incentives that provide gap financing for desirable central city redevelopment; ✓ Lack of redevelopment funds for transportation, infrastructure and community facilities to accommodate growth; and
✓ Loss of the 20 percent “set-aside” funds earmarked for low-income housing.

Considerations for a Community Benefits Program
Community benefits programs introduce additional considerations beyond those associated with nexusbased development impact fees, environmental mitigation measures or traditional zoning regulations.

Key aspects of community benefits programs include the following:

Market and Financial Feasibility: Community benefits programs are highly market sensitive. A prerequisite for an effective program is that economic indicators must be favorable such that developers have a financial incentive to build denser or larger projects for a potentially higher cash-oncash return or return on investment (ROI). Market conditions also vary between regions and cities, including within sub-areas of a city. A program should be tailored to recognize market variations; for locations where the economic setting is challenging, community benefit contributions may make development infeasible.

A financial analysis for a development project assesses the potential market value or income from the completed project less the cost to develop and operate the project (including sufficient return on capital to finance development.) This differential is commonly expressed as “residual land value” or the price that a developer can pay for the land. The residual land value must be positive for a project to be feasible. This projected financial return is the starting basis for determining the added value that can potentially be shared or captured by a municipality for community benefits. These analyses should also be regularly updated to reflect changing market and financial conditions over time, including new and increased development fees.

Cost Management: Construction costs are an important factor affecting value capture. If a zoning incentive allows for additional building height, but the increased height requires more extensive steel and concrete construction and more complicated life safety requirements, then a taller building may be less feasible economically. If structured without regard to these construction factors, community benefits programs may make development – and the benefits that development is to generate -- less likely to happen.

On a square foot basis, construction costs can escalate significantly for taller buildings because building code regulations necessitate concrete or steel frame construction. For example, if the base density allows a building to be built with wood or steel studs (defined as Type V and Type III, respectively), the per square foot construction cost would be lower. A higher density project with incentives may require higher cost concrete or steel frame (Type I) construction systems. Therefore, an increase in density does 57 6
Best Practices for Implementing a Community Benefits Program not necessarily translate into an increase in ROI. In such situations, allowing increased building height may not provide an effective incentive as the increased height may not be financially feasible.

Community Objectives: A developer may offer community benefits if a higher density or higher floor area ratio (FAR) project can yield a more favorable ROI than a lower density/FAR project. Project financials would be meaningless, however, if the political setting is not supportive or the community opposes higher density development (e.g. strong NIMBY sentiment). While more intensive development is possible with community benefits, a stringent program that negatively affects project feasibility will deter such development. This may compromise other city benefits, such as removing urban blight, increasing the supply of housing, expanding the employment base, or promoting infill development.

Municipalities should balance these goals when crafting a community benefits program.

Supplemental Tool: Community benefits do not replace mitigation measures required through the environmental review process (CEQA), impact fees established through nexus studies (e.g. traffic and utility fees), or specific fees allowed by state law (e.g. school impact mitigation and park dedication inlieu fees). However, they are useful for supplementing these measures and fees. If properly structured as a regulatory approach, community benefits programs can reduce legal risks and financial exposure for municipalities. They also provide an alternative to other financing and regulatory options, such as development agreements, public/private partnerships, transfer of development rights, assessment benefit districts and tax increment financing.

Development Uncertainty: Since community benefits are optional instead of mandatory, the level of development and corresponding community benefits are less definitive and predictable. While this uncertainty can be a disadvantage, community benefits are voluntary and the legal test is less stringent since developers can opt in or out of the incentive-based program.

Legal Foundation: While community benefits programs are not a new concept, municipalities should closely consult with legal counsel when structuring a program. The following principles would buffer local agencies from potential legal challenges and strengthen the regulatory basis for community benefits programs:
✓ Community benefits are grounded in general plan and/or specific plan policies. ✓ Community benefits are codified and integrated in zoning regulations. ✓ Community benefits are voluntary and not mandatory.
✓ Incentive zoning is applied uniformly to a district, and is not applied in an arbitrary and capricious manner.
✓ Base zoning still allows for a reasonable development potential. ✓ CEQA documents evaluate the aggregate development capacity that can be realized with a community benefits program.

Recommended Best Practices
The following best practices are offered to municipalities that are considering a community benefits program with their next general plan or zoning ordinance update, or including such a program in the policy and regulatory framework of a specific plan. These recommendations are also applicable for expanding and updating existing community benefits program. 58 7
Best Practices for Implementing a Community Benefits Program POLICY-LEVEL RECOMMENDATIONS:

Reinforce and substantiate community benefits best practices within General Plans and/or Specific Plans.

City-wide community benefits can be addressed in the General Plan or related policy documents that articulate the needs of the entire community, while benefits for a focus area can be described in a specific plan or area plan. Priorities should also be identified, although these priorities can vary for different land uses (e.g. residential, commercial, office/industrial or mixed use,) or different development areas (e.g. downtowns, transit stations and corridors, employment centers, or urban village centers.) Priorities can also differ for each plan area to respond to the preferences and needs of adjacent neighborhoods. Additionally, policies in adopted plans establish the foundation for community benefits and the framework for subsequent review of individual projects. Policies should validate a city’s exercise of police power through incentive zoning to achieve community benefits.

Integrate the discussion of community benefits in the public planning process for land use plans.

Community benefits can be an essential ingredient for gaining community consensus and support for development, particularly infill projects which are often contentious and controversial. If community benefits are part of the policy discussion, it is important to incorporate this topic into the public dialogue when updating or preparing a general plan or specific plan. The ideal would be to have “champions” for the concept. Planners should seek public input on community priorities through community workshops and other avenues during the planning process. Ensure an inclusive process where neighborhood concerns and priorities are recognized in policy plans, while also balancing city-wide goals. Input from developers, property owners, real estate professionals, and other stakeholders should also be sought to address financial factors. Santa Monica, San Diego, Redwood City and Sunnyvale are examples of cities that engaged in extensive public dialogue to define and prioritize benefits.

City of Redwood City Community Benefits Community Workshop

1 2
59 8
Best Practices for Implementing a Community Benefits Program Community benefits programs invariably involve the consideration of higher density development for community benefits. A community’s concerns over density and the effects of larger and denser projects should be fully acknowledged and explored in the public dialogue. Remedies could include: enacting development standards to lessen projects impacts on surrounding areas; setting a maximum development capacity; or establishing land use buffers and transitions. Displacement of existing residents could also be an issue, and plans should include a response to this impact. These remedies could ease concerns that community benefits will overshadow important land use, social equity and neighborhood considerations. A community benefits program will be critically flawed if new higher density development is not conditionally accepted by a community or the program becomes a tool to substantially inhibit development.

Keep other city priorities and development policies in perspective when structuring a community benefits program.

A prime example is that increasing the supply of housing is a priority in many communities to meet Housing Element goals. If a community benefits program is onerous or restrictive such that it is more of a disincentive than an incentive for higher density residential development, this can hinder the overall production of housing and specifically affordable units. This emphasizes the importance of financial and market analyses to gauge the realistic value capture and contribution for community benefits. While the housing market has rebounded and is expected to remain strong in the near term, it should be closely monitored for its effects on community benefits and housing production.

Community benefits programs should complement and support other public policy objectives and requirements. For instance, incentives should not provide a means to circumvent the State Density Bonus Law, or undermine the ability to encourage additional affordable housing development. Instead, a community benefits program could offer an incentive for additional density and affordable units beyond that permitted by state law.

Evaluate parking standards for project types, which can significantly affect the potential value capture and community benefits.

Parking management and trip reduction strategies are appropriate to consider for all projects and should not be limited to projects that participate in a community benefits program. More creative solutions, however, can be viewed as a community benefit. If a project includes an effective transportation demand management program (TDM), innovative parking solution or aggressive trip reduction measures, this can justify relaxing parking standards. 3 4
60 9
Best Practices for Implementing a Community Benefits Program Pro forma analyses for development scenarios show that
parking requirements strongly affect project feasibility, particularly for higher density projects that require
structured parking. Reducing parking standards, particularly near a transit station or at locations with good transit options, promotes sustainability and can improve project feasibility. This raises the potential value capture and community benefits from a project. Flexibility in applying other site development standards, such as open space, lot coverage and setbacks, can also improve project feasibility.

IMPLEMENTATION RECOMMENDATIONS:

Conduct a market and financial analysis to set realistic expectations for a community benefits program.

Community benefits are highly market sensitive. A financial analysis should evaluate project-specific scenarios that assess the incremental added value that can be created with different development prototypes and construction types. These analyses are typically referred to as pro forma analyses. The full cost of development should be incorporated into the analysis, and development costs should reflect the specific city or region. Variables include current land value, construction unit costs, construction and long-term financing costs, labor costs, recent lease/sale data and local code and local ordinances (e.g. green building requirements.) The length and uncertainty of the entitlement process should also be factored into the analysis. All assumptions underlying the pro forma analysis should be transparent and clearly stated.

The findings will help determine the feasible level of contribution for community benefits. If set too high, a project will not proceed because it cannot “pencil out” or is not financially feasible. If set too low, the municipality may forgo an opportunity for more benefits. Finding the right balance or “sweet spot” can be challenging, as developers are usually guarded about sharing their project financials. A municipality should bring in a third party to conduct an independent financial analysis. This analysis should be done early in the planning process, such as for a specific plan, and can be recovered through a specific plan fee.

Both financial feasibility and market conditions should be considered when formulating a community benefits program. Project-based pro forma analyses are essential for determining the financial feasibility of different development scenarios. While a financial analysis might suggest the potential to capture community benefits, economic indicators must also be favorable for higher density development.

Conversely, while a modest project might yield a comfortable ROI with lower investment risks, a favorable market might exist for a more intensive and innovative project.

A pro forma analysis may reveal that the ability to add value to a project is constrained and, thus, potential community benefits are limited. In response, a municipality could consider enhancing the project financials by offering fee reductions or deferrals or relaxing onsite requirements in exchange for Parking Reduction Strategies:
✓ Shared Parking
✓ Unbundled parking
✓ Car share/bike share
✓ Parking pricing
✓ Employee cash out incentive
✓ Transit passes
✓ Bus shuttles
✓ Transportation management
association
5 61
10 Best Practices for Implementing a Community Benefits Program community benefits. A cautionary note, however, is that these trade-offs should be carefully considered as they may not be viewed by the public as a net gain for the community.

Integrate community benefits into zoning ordinances and develop implementation standards.

This can avoid the need for a DA and streamline the development review process. A common approach is community benefits incentive zoning (CBIZ): a base level of development is defined where no community benefits are required other than non-discretionary impact fees and project mitigation measures; additionally, higher tiers of development up to a defined maximum are defined. Developers have the option of proposing a higher development density or FAR by taking advantage of a voluntary community benefits program. Since incentive zoning is market sensitive, setting the base zoning requires an understanding of the market dynamics for the planning area and possible project types. Economic consultants and real estate professionals can offer valuable insights for creating a CBIZ district.

Weigh the advantages and disadvantages of a standardized community benefits program versus a program with a flexible discretionary approach.

The political and planning context varies among municipalities and influences the most feasible solution.

Some situations may warrant a more standardized ministerial program, while other circumstances may suggest that a discretionary approach is more suitable. A pre-determined standardized approach provides greater certainty, consistency and transparency for developers when analyzing the potential financial return for different types of development; however, it provides less latitude for municipalities to tailor community benefits to specific projects. A discretionary approach provides municipalities with more room to negotiate and allows for unanticipated creative solutions to address community needs.

The caution, however, is that this uncertainty could deter development, create inconsistencies or lengthen a project approval process. Community benefits programs vary widely among jurisdictions.

Examples of different approaches include the following (refer to links at end of paper):
• Berkeley – streamlined development review process (“Green Pathway”) with provision of prescribed and extraordinary community benefits for downtown projects. • Culver City – community benefits incentive zoning for mixed use development. 6 7
62 11
Best Practices for Implementing a Community Benefits Program • Redwood City – a combination of approaches including zoning regulations, specific plan standards, and contributions to a Community Fund to support a program of community benefits that can change over the years.
• Emeryville – a development bonus (additional density, FAR or building height) is available by providing affordable housing and other community benefits through a prescribed point system. • San Diego – community benefits set to a dollar
amount per square foot of additional FAR;
program applies to the North Park, Uptown, and
Greater Golden Hill community plan areas.
• Santa Monica – tiered approach with greater
FAR or height allowed with defined community
benefits or subject to approval of a DA.
• Sunnyvale – blended menu approach: increase
in FAR above baseline zoning allowed through
“defined” benefits, with greater FAR increase
allowed through “flexible” benefits.

Facilitating the development review process can be a viable method for incentivizing community benefits.

Added value is not achieved solely through the granting of higher development capacity. Time is money for developers, so if a city can expedite the approval of planning and/or building permits, this can yield a greater value capture and correspondingly more community benefits. The most streamlined development review process is typically a staff-level ministerial approval. Based on policy guidance, community benefits and the corresponding development increment could be standardized through a point system. Alternatively, a discretionary approach might require Planning Commission or City Council approval, which could lengthen the development review process. If the process is not timely, predictable or transparent, risk averse developers will be wary of participating in the program. Some developers have indicated that while increased certainty and clarity are desirable, “streamlined” procedures that still require discretionary review are not a sufficient incentive.

Streamlining the CEQA process can shorten project approval, provide greater certainty and potentially increase community benefits.

A strategy for streamlining the environmental review process for projects is to certify a program or plan level environmental impact report (Program EIR). Project level environmental reviews would tier off of this document. Applicable mitigation measures would already be identified in the Program EIR, and a focused environmental analysis would be limited to project-specific impacts that have not been previously addressed. The Program EIR should evaluate a level of development (with community benefits) that could be realized in the near-term, such as next 10-15 years, based on market forecasts. A Program EIR or Mitigated Negative Declaration supported by existing studies and environmental analysis can streamline the approval of projects and increase predictability, thus translating to potentially higher value capture and community benefits.
8 9
63 12
Best Practices for Implementing a Community Benefits Program Identify desired outcomes and regularly monitor the success of a community benefits program.

Whether a municipality adopts a standardized or flexible approach, a community benefits program should be regularly evaluated to assess its success in achieving identified objectives. Criteria should be defined to measure the success of the program. A jurisdiction may find that sufficient or insufficient benefits have been realized for certain items, or community priorities have changed over time.

Programs should also be adjusted as necessary to respond to shifting market cycles. More community benefits are possible when the economy and development climate are strong, while less community benefits are feasible when the economy weakens. Additionally, the effect of new or increased impact fees, regulations and mitigation measures should be assessed. An increase in these development costs can reduce the feasible contribution to community benefits.

Conclusion
Infill development, particularly higher density development, often faces a challenging public review process and intense public scrutiny. Common concerns are expressed about the impacts of these projects on quality of life, community facilities and the local street network. Typical methods for mitigating these impacts are often insufficient, limiting or complex to implement or are politically ineffective. This perceived impotency furthers the public’s frustration and adverse reaction to development. Carefully enacted community benefits programs that are vetted through healthy community dialogue can provide a constructive response. While not a complete solution, these programs can offer a meaningful method to address community needs and leverage enhanced public benefits from private development. The caveat is that economic indicators must be favorable, and some communities may find that current market conditions limit the feasibility of this approach. These programs should also be tailored to reflect the specific economic setting and values of each community.

With the right conditions, community benefit programs supported by a solid policy and regulatory framework can be an effective and responsive community planning tool. 10 0
64 13
Best Practices for Implementing a Community Benefits Program Much thanks to the following reviewers who provided input on this paper:

William Anderson, FAICP Carol Barrett, FAICP
Cathy Creswell Alex Hinds
Mark Rhoades, AICP Terry Watt, AICP
References:

1. Community Benefits Programs: Legal Basis and Key Features, Vivian Kahn, FAICP, Paper for APA 2012 Conference.

2. Development Incentive Program: Lake Merritt Station Plan Area, City of Oakland, (no date)

3. Memorandum: Cumulative Financing Cost and Allocation for Development, Development Test and Feasibility Analysis, and Draft Financing Recommendations, AECOM (Alexander Quinn, Shayan Lotfi, June Grant, Bill Lee), September 27, 2011.

4. Memorandum: Financial Analysis of Peery Park Development Alternatives, Economic and Planning Systems, Inc. (Walter Kieser and Ben Stigman), August 10, 2015.

5. Memorandum: Financial Analysis of Redwood City Development Prototypes, Economic & Planning Systems, Inc. (Walter Kieser and Ben Stigman), November 26, 2014.

6. Public Benefit Bonus Policy Brief, Greenbelt Alliance (Chris Shildt), November 2012.

7. Who Benefits from Oakland’s “Community Benefits” Negotiations?, SPUR (Robert Ogilvie, Oakland Director), March 27, 2017.

Examples of Community Benefits Incentive Zoning Programs:

1. City of Berkeley
http://www.ci.berkeley.ca.us/uploadedFiles/Planning_and_Development/Level_3_-_DAP/FINAL_xDAP%20document_120329.pdf

2. City of Culver City
http://www.culvercity.org/home/showdocument?id=884

3. City of Emeryville - Site Development Regulations, Section 9-4.204 http://www.codepublishing.com/CA/Emeryville/html/Emeryville09/Emeryville094.html

4. City of Redwood City
http://www.redwoodcity.org/business/partnership-redwood-city http://www.redwoodcity.org/Home/ShowDocument?id=4180
http://www.redwoodcity.org/home/showdocument?id=2496

5. City of San Diego
https://www.sandiego.gov/sites/default/files/legacy/planning/community/profiles/greatergoldenhil l/pdf/gghincentive.pdf

6. City of Santa Monica
https://www.smgov.net/uploadedFiles/Departments/PCD/Zoning/Community-Benefits-Issues.pdf

7. City of Seattle
https://www.seattle.gov/Documents/Departments/SeattlePlanningCommission/IncentiveZoning/SP C_Incentive%20Zoning.pdf

8. City of Sunnyvale
http://sunnyvale.ca.gov/Portals/0/Sunnyvale/CDD/CurrentProjects/Peery%20Park/Documents/8.18 .15PPPresentation.pdf
http://sunnyvale.ca.gov/Departments/CommunityDevelopment/CurrentProjectsandStudies/PeeryP ark.aspx
65 910 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: January 14, 2025 Agenda Item: 10E.

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

CONSIDERATION OF A RESOLUTION RE-ESTABLISHING THE UTILITY BOX ART

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

Approving the proposed public art program does not guarantee or authorize any immediate funding sources.

The cost of each utility box is suggested at $1,000 per location. This will cover supplies/materials for the artist and a small stipend for their work. Based on the quantity of utility boxes, the program is expected to cost approximately $42,000, spread across multiple phases. Any funding would need to be secured through grants, sponsorships, or donations.

Summary:

As part of its 2024-25 Work Plan, the City Council directed the Arts and Culture Committee to review and revitalize the utility box art program. After a thorough review of program options and opportunities, the Committee recommends reestablishing and expanding the Utility Box Art Program with a minimum of 24 additional utility boxes to be painted. This new program is proposed to be executed in multiple phases and managed and curated by the Arts and Culture Committee. It is anticipated that the project would be done in four to five phases, occurring over the next five to six years.

The full details of the proposed program are included in Exhibit A of the Attachment.

Background:

The Utility Box Art Public Art Program in San Clemente was first introduced in 2011 and completed three phases. This initiative aimed to enhance the aesthetic appeal of the City by transforming ordinary utility boxes into vibrant canvases showcasing local artistry. The program was well-received by the community, contributing to the cultural and visual enrichment of public spaces.

The previous phases, which ran from 2011 through 2013, involved the painting of 16 utility boxes across various locations in the City. Each phase featured a public call for art, which successfully engaged local artists and provided them with stipends for their contributions.

The previous phases of the Street Art program appropriated funds for supplies, marketing, and an honorarium of $500 per artist. In total, the original Street Art program cost roughly $16,450. 66 Meeting Date: January 14, 2025 Agenda Item: 10E.

CITY OF SAN CLEMENTE 2
In 2019, the City Council approved a fourth phase of five final boxes, however, the phase was never brought to fruition due to challenges posed by the COVID-19 pandemic. If this phase would have been completed, a total of 16 boxes would have been painted.

The new program is proposed to include the following elements as part of each phase:
 Public Call for Art: An open call will be issued to invite artists to submit their designs.  Selection Process: A panel led by the Arts and Culture Committee will review submissions and select artists.
 Implementation: Selected artists will receive a stipend and be assigned utility boxes to paint.

Each phase will focus on different neighborhoods or thematic elements to ensure diversity and inclusivity in the artwork.

Council Options:
 Approve Resolution No. 25-03, which will approve the Utility Box Art Program as proposed in Exhibit A to the Resolution, and find the project categorically exempt from the California Environmental Quality Act under 14 CCR Section 15301 (Class 1: Existing Facilities) of the State CEQA Guidelines.
 Amend and adopt the Resolution.
 Provide alternate direction to the Committee and staff.  Take no action.

Environmental Review/Analysis:

This program is categorically exempt under Class 1 (Existing Facilities) pursuant to the California Environmental Quality Act (“CEQA”) Guidelines Section 15301 (14 CCR §15301). This exemption applies to minor alterations of existing public structures involving negligible or no expansion of the existing use. The painting of utility boxes constitutes a minor alteration to existing infrastructure.

Recommended Actions:

Staff Recommendation ..recommendation
Staff and the Arts & Culture Committee Recommend the City Council adopt Resolution No. 25- 03, which will:

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

2. Approve the re-establishment of the Utility Box Street Art program as described in Exhibit A to the Resolution; and
67 Meeting Date: January 14, 2025 Agenda Item: 10E.

CITY OF SAN CLEMENTE 3

3. Authorize the Beaches, Parks & Recreation Director, in coordination with the Arts and Culture Committee, to begin Phase 1 and secure funding sources for future phases as resources become available.
..end
Attachment:

1. Resolution No. 25-03
a. Exhibit A to the Resolution – Description of Utility Box Street Art program Notification:

None.
68 Attachment 1
RESOLUTION NO. 25-03

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, RE-ESTABLISHING THE

UTILITY BOX ART PROGRAM AND FINDING THE PROJECT

CATEGORICALLY EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT UNDER SECTION 15301
CLASS 1 OF THE STATE CEQA GUIDELINES (14 CCR
15301)
WHEREAS, the City of San Clemente is committed to promoting public art and enhancing the visual aesthetics of the community; and
WHEREAS, the previous Utility Box Art Program, implemented in three phases starting in 2011, successfully transformed utility boxes into canvases for local art, contributing to the cultural vibrancy of the City; and
WHEREAS, there is strong community support for reestablishing the Utility Box Art Program to continue enhancing public spaces with artistic designs; and WHEREAS, the new program will be managed by the Beaches, Parks & Recreation Department with support from the Arts and Culture Committee and will involve a public call for art, artist selection, and painting of at least 24 additional utility boxes throughout the City; and
WHEREAS, the program aims to foster local artistic talent by providing stipends to selected artists and enhancing community engagement through public art; and WHEREAS, the Arts and Culture Committee will work towards securing interest from local civic nonprofit organizations to fund at least the first phase of the program, thereby reducing the financial impact on the City; and
WHEREAS, the program has been evaluated under the California Environmental Quality Act (CEQA) and has been determined to qualify for Categorical Exemptions under Class 1 (Existing Facilities), indicating that it will not have a significant environmental impact; NOW, THEREFORE, the City Council of the City of San Clemente does hereby find, determine and resolve as follows:

Section 1. That based on substantial evidence in the record as a whole regarding the Utility Box Art Public Art Program, the City Council hereby approves the next phase of the Utility Box Art Public Art Program which is hereby determined to be categorically exempt from the California Environmental Quality Act (“CEQA”) under Class 1 (Existing Facilities) pursuant to CEQA Guidelines Section 15301 (14 CCR §15301). This exemption applies to minor alterations of existing public structures involving negligible or no expansion of the existing use. The painting of utility boxes constitutes a minor alteration to existing infrastructure that has no potential to cause a substantial direct or foreseeable indirect impact on the environment.
69 Resolution No. 25-03 Page 2
Section 2. The City Council hereby reestablishes the Utility Box Art Public Art Program, which shall be implemented in multiple phases and as described in Exhibit “A”.

The Program will be administered by the Beaches, Parks & Recreation Department with support from the Arts and Culture Committee (“Committee”). The Department and Committee are hereby authorized and directed to oversee the Program, including issuing public calls for art, selecting artists, and coordinating the painting of utility boxes. City staff is directed to support the Committee in the implementation of the Program.

Section 3. Funding: The adoption of this resolution and establishment of the Program does not guarantee or authorize any immediate funding from the City’s budget.

However, the Arts and Culture Committee may collaborate with local civic nonprofit organizations to secure funding for the Program’s phases.

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

PASSED AND ADOPTED this _____ day of ____________________, _______.

ATTEST:
___________________________ __________________________
City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California
70 Resolution No. 25-03 Page 3

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 25-03 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
71 Attachment 1
Exhibit “A”

CITY OF SAN CLEMENTE

UTILITY BOX

ART PROGRAM
2025 REVIVAL

PURPOSE
The City of San Clemente and its Arts & Culture Committee invite artists to participate in the City’s revival of its Street Art Program, to showcase their original artwork on utility boxes located throughout the City of San Clemente. The goals of the program are to use public art to contribute to the vitality and attractiveness of the City’s streetscapes and bring art to unexpected places.

OVERVIEW
 The City will identify traffic controller boxes to be used as “canvases” for original pieces of art that celebrate San Clemente's unique culture and history. The City’s utility boxes vary in size and are currently gray or green.
 The initiative provides a platform for local creative artists to showcase their work to the community.
 With thousands of people passing the city's utility boxes every day, the artwork will be highly visible and impactful.
 In the future, photographs and an interactive map of the transformed boxes may be showcased on the City website and in various print and electronic media sources. 1) ARTIST ELIGIBILITY
Artists must be:
a) A resident of San Clemente
b) 18+ years old
c) Artists must agree to Artist Agreement participation terms d) Once installed, the design is considered a long‐term installation and will become the property of the City of San Clemente.
e) Artists may submit more than one design for consideration; Each design, however, is required to have its own application.
2) ARTWORK GUIDELINES
Goals: Artwork should reflect the social, cultural, and historical identity of the area, addressing one or more of the following categories:
a) Natural ecosystem: Celebrating the beauty of San Clemente’s natural landscape and ecosystem, from the hills to the Pacific Ocean
b) Surf heritage: Elevating San Clemente’s place at the cradle of surf heritage, leading the world in surf design, art, and culture
c) San Clemente’s 100th Anniversary: Celebrating city founder Ole Hanson’s vision for a “Spanish Village by the Sea” and the community’s 100-year history in 2028 d) People & culture: Commemorating San Clemente’s diverse population and the contributions they have made to our community
72 Resolution No. 25-03 Page 2
Considerations:
a) The art should enliven the area and transform the street. b) Designs must be family-friendly and suitable for viewing by all ages. c) Because designs will frequently be observed by passengers in moving cars, they should be able to be appreciated quickly and from a distance. For this reason, simple designs and bold colors are recommended. Text is not recommended.
d) Designs using a majority of dark colors will not be considered due to the potential for overheating the utility boxes.
e) Designs may not restrict any vents or airflow through the boxes. f) The City must be able to fully access the box and the components inside the box at all times. g) In the event the utility box is mounted on a base of concrete or other material, the base shall not be included as part of the available area for a public art design. h) Any nearby protective poles, bollards, planters, etc. are not included as part of the available area for a public art design.
i) Designs must be original by the artist and may not use any copyrighted or trademarked image. j) Designs must not be plagiarized, stolen, or copied from any other source. k) Designs must not defame or invade the rights of any person, living or dead.

Artist & Sponsor Acknowledgement:

The design may include the name of the artist and, if applicable, the sponsor of the specific utility box, in no larger than a 3” x 5” space on one of the box’s 4 side panels. 2) SELECTION PROCESS
Artist submissions will be reviewed by a selection committee consisting of representatives from the City of San Clemente Arts and Culture Committee, members of San Clemente’s art community, City staff, and program sponsors. Decision notifications to artists will be according to the timeline above. 3) SELECTION CRITERIA
When reviewing submissions, the selection committee will consider:
a) Artistic excellence, innovation, and originality.
b) Does the art enliven and bring beauty to the project area? c) Does the art meet one or more of the target thematic goals of the project? i) Natural ecosystem: Celebrating the beauty of San Clemente’s natural landscape and ecosystem, from the hills to the Pacific Ocean
ii) Surf heritage: Elevating San Clemente’s place at the cradle of surf heritage, leading the world in surf design, art, and culture
iii) San Clemente’s 100th Anniversary: Celebrating city founder Ole Hanson’s vision for a “Spanish Village by the Sea” and the community’s 100-year history in 2028 iv) People & culture: Commemorating San Clemente’s diverse population and the contributions they have made to our community
4) COMPENSATION
Artists will receive a stipend of $1,000. The stipend is all-inclusive and must cover every cost incurred by the artist in the course of designing and installing the artwork, including art supplies that meet the project requirements (for durability, etc.).
73 910 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: January 14, 2025 Agenda Item: (1)
Submitted By: Choose an item.

Prepared By:

Subject:
..titl e
Click or tap here to enter text.
..body
Fiscal Impact:

Summary:

Background:

Council Options:

Environmental Review/Analysis:

Recommended Actions:

Staff Recommendation ..recommendation
..end
Attachment:

Notification:
74 910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Council Chambers

CITY OF SAN CLEMENTE
Tuesday, December 10, 2024
City Council
Regular Meeting Minutes
4:30 p.m. - Closed Session
5:30 p.m. - Business Meeting
Mayor Cabral
Mayor Pro Tem Enmeier
Councilmember Knoblock
Councilmember Loeffler
Councilmember Wu
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 December 10, 2024 at 4:31 p.m. in the San Clemente City Council Chambers, located at 910 Calle Negocio, 2nd Floor, San Clemente.

PRESENT: Duncan*, Enmeier, Knoblock, Loeffler, Wu** and Mayor Cabral *Councilmember Duncan left the dais at 5:38 p.m.
**Councilmember Wu took his seat at the dais at 5:47 p.m.

STAFF PRESENT: Andy Hall, City Manager; Elizabeth Mitchell, City Attorney; Laura Campagnolo, City Clerk; Megan Jimenez, Deputy City Clerk

CLOSED SESSION
Motion by Mayor Pro Tem Enmeier, second by Councilmember Loeffler, CARRIED 5-0, to recess to Closed Session at 4:31 p.m. to discuss the following:

A. CONFERENCE WITH LEGAL COUNSEL - PENDING LITIGATION
Pending litigation pursuant to Government Code Section 54956.9(d)(1) Number of Cases: 1
Case Name: Wu v. Bob Page, et al., Orange County Superior Court Case No . 30-2024-01419457-CU-WM-CJC.

AYE:

NOE:

Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral
None
Closed Session concluded at 5:06 p.m.

BUSINESS MEETING
The business meeting reconvened at 5:30 p.m. with all City Councilmembers present.

75 City Council Regular Meeting Minutes December 10, 2024

INVOCATION
Senior Pastor Holland Davis, Calvary Chapel San Clemente, gave the invocation.

PLEDGE OF ALLEGIANCE
Councilmember-elect Wu led the Pledge of Allegiance.

ELECTION RESULTS, ADMINISTRATION OF OATH OF ALLEGIANCE, AND ELECTION

OF MAYOR AND MAYOR PRO TEMPORE
A. RESULTS OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 5, 2024
City Clerk Campagnolo reviewed the contents of the Administrative Report and responded to City Council inquiries.

Motion by Councilmember Knoblock, second by Mayor Pro Tem Enmeier, CARRIED 5-0, to adopt Resolution No. 24-191 entitled A RESOLUTION OF

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

RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD IN THE CITY OF SAN CLEMENTE, CALIFORNIA, ON NOVEMBER 5, 2024,

DECLARING THE RESULTS, AND SUCH OTHER MATTERS AS PROVIDED BY LAW.

AYE:

NOE:

Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral
None
Councilmember Duncan's Farewell Message
Councilmember Duncan thanked the residents of San Clemente for the opportunity to serve the City of San Clemente for the past four years; recognized City Staff for their efforts to enhance the community.

Councilmember Duncan left the dais at 5:38 p.m.

B. OATH OF ALLEGIANCE - NEWLY-ELECTED COUNCILMEMBERS
City Clerk Campagnolo administered the Oath of Allegiance to Councilmember-elect Rick Loeffler and presented him with a Certificate of Election.

City Clerk Campagnolo administered the Oath of Allegiance to Councilmember-elect Zhen Wu and presented him with a Certificate of Election.

Tyler Mosher, representing Supervisor Katrina Foley, presented Councilmembers Loeffler and Wu with Certificates of Recognition for their election to City Council of the City of San Clemente.

Councilmembers Loeffler and Wu took their seats at the dais.

76 City Council Regular Meeting Minutes December 10, 2024 Recognition of Out-Going Mayor and Mayor Pro Tem
Mayor Cabral presented Mayor Pro Tem Enmeier with a plaque acknowledging his service to the City of San Clemente as Mayor Pro Tem from December 2023 -December 2024.

Mayor Pro Tem Enmeier presented Mayor Cabral with a gavel in honor of his service to the City as Mayor from December 2023 - December 2024.

Coastal Animal Services Presentation
Coastal Animal Services Authority (CASA) General Manager Stinett with Animal Services Officer Moran presented adoptable dog "Kali" and adoptable kitten "Lucas" and spoke about other adoptable animals available at the shelter; encouraged the community to visit the shelter if they are looking to add a pet to their family.

C. ELECTION OF MAYOR AND MAYOR PRO TEMPORE
Mike Dollar, San Clemente, spoke in support of Mayor Pro Tem Enmeier being appointed to Mayor.

Donna Vidrine, San Clemente, spoke in support of Mayor Pro Tem Enmeier being appointed to Mayor.

Allison Lusk Mauvezin, San Clemente, spoke in support of Councilmember Loeffler being appointed to Mayor.

Thor Johnson spoke in opposition to Mayor Pro Tem Enmeier being appointed to Mayor.

Following Councilmember comments, City Clerk Campagnolo opened the nominations for the office of Mayor.

Councilmember Knoblock nominated himself for the office of Mayor.

Mayor Pro Tem Enmeier nominated himself for the office of Mayor.

Councilmember Wu nominated Councilmember Loeffler for the office of Mayor.

There being no other nominations, City Clerk Campagnolo closed the nominations for the office of Mayor.

The City Council voted to appoint Councilmember Knoblock to the office of Mayor, CARRIED 4-1.

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

77 City Council Regular Meeting Minutes December 10, 2024 Councilmember Knoblock was appointed to the office of Mayor.

City Clerk Campagnolo opened the nominations for the office of Mayor Pro Tempore.

Councilmember Cabral nominated himself for the office of Mayor Pro Tempore.

Mayor Pro Tem Enmeier nominated himself for the office of Mayor Pro Tempore.

Councilmember Knoblock nominated Councilmember Loeffler for the office of Mayor Pro Tempore.

There being no other nominations, City Clerk Campagnolo closed the nominations for the office of Mayor Pro Tempore.

Council voted on appointing Mayor Cabral to the office of Mayor Pro Tempore, FAILED 2-3 (Councilmember Wu, Mayor Pro Tem Enmeier and Councilmember Knoblock voting NOE)
AYE: Loeffler and Mayor Cabral
NOE: Enmeier, Knoblock and Wu
Council voted on appointing Mayor Pro Tem Enmeier to the office of Mayor Pro Tempore. CARRIED 4-1 (Councilmember Knoblock voting NOE) AYE: Enmeier, Loeffler, Wu and Mayor Cabral
NOE: Knoblock

1. Special Presentations
A. Presentation of City Tile to Jake Rahn, Finance Manager Administrative Services Director Brower presented a City Tile to Finance Manager Rahn in recognition of his 20-years of exemplary service to the City of San Clemente.

B. Presentation of Commendation - Cameron Cosgrove
Mayor Cabral presented a commendation to Cameron Cosgrove, in recognition of his advocacy efforts for coastal issues within San Clemente.

C. Presentation of Commendation - Bring Back Our Beaches Mayor Cabral presented a commendation to Bring Back our Beaches in recognition of their advocacy efforts concerning coastal erosion and sand replenishment.

D. Presentation of Commendation - Save our Beaches San Clemente Mayor Cabral presented a commendation to Bring Back Our Beaches San Clemente in recognition of their advocacy efforts concerning sand replenishment

78 City Council Regular Meeting Minutes December 10, 2024 and community education.

2. Council Member Reports
Councilmember Loeffler:
· Recognized the Beaches, Parks and Recreation Department for the Santa’s Village by the Sea event held on December 7, 2024.
· Attended the CalCities meeting held on December 9, 2024, concerning Proposition 36 as it relates to enforcement.
· Recognized Marine Safety Lifeguard Cruz Tester for his swift lifesaving action at the pier.

Mayor Pro Tem Enmeier:
· Attended Santa’s Village by the Sea event on December 7, 2024. · Attended a meeting with the Coastal Cities Leadership Committee on November 21, 2024.
· Attended the Homeless Collaborative meeting in collaboration with faith-based organizations to address homelessness within San Clemente.

Mayor Cabral:
· Attended the Orange County Community Foundation 35th Anniversary Celebration on November 21, 2024.
· Attended the Orange County Realtors meeting; recognized Ed Molina for being selected as the President.
· Provided an update concerning the San Onofre Nuclear Generating Station (SONGS) Community Panel and the need for federal action to remove nuclear waste from the site to a permanent storage facility.

3. Oral Communications (Part 1)
Gary Headrick, San Clemente, narrated a PowerPoint presentation. A hard copy of the presentation is on file with the City Clerk.

Nancy McIntyre, iHOPE, spoke on the need for inclement weather solutions for San Clemente homeless.

Concerned Resident, San Clemente, narrated a PowerPoint presentation. A hard copy of the presentation is on file with the City Clerk.

Suzanne Whitelaw, San Clemente, narrated a PowerPoint presentation. A hard copy of the presentation is on file with the City Clerk.

Donna Vidrine, opined on the need for inclement weather solutions for San

79 City Council Regular Meeting Minutes December 10, 2024 Clemente homeless.

Susan Ambrose, San Clemente, spoke on the upcoming King Tides on December 13-15, 2024. Distributed a flier concerning the same. A hard copy of the flier is on file with the City Clerk.

Michelle Brooks, commented on Wu v. Bob Page, et al., Orange County Superior Court Case No . 30-2024-01419457-CU-WM-CJC.

Amanda Quintanilla commented on the Orange County Transportation Authority (OCTA) grants for sand placement on San Clemente beaches.

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

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

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:

Direction given; no reportable action concerning:

Case Name: Wu v. Bob Page, et al., Orange County Superior Court Case No . 30-2024-01419457-CU-WM-CJC.

7. Staff Communications
None.

80 City Council Regular Meeting Minutes December 10, 2024

8. Public Hearings
8A. CONSIDERATION OF FIVE HISTORIC PROPERTY PRESERVATION

AGREEMENTS FOR FIVE QUALIFIED HISTORIC PROPERTIES AND

DETERMINING THE AGREEMENTS EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT
Mayor Cabral opened the Public Hearing.

Associate Planner Carillo narrated a PowerPoint presentation entitled "Item 8A:
2024 Historic Property Preservation Agreements (HPPA)". A hard copy of the presentation is on file with the City Clerk.

Larry Culbertson spoke in opposition to the agreement for 402 Pasadena Court due to not including 404 Pasadena Court, the adjoining parcel, that includes the historic gardens.

Amanda Quintanilla expressed concerns regarding the agreement for 402 Pasadena Court.

Larry Dunnwald, owner of 402 Pasadena Court, responded to comments made concerning his property.

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

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

1. Determine each Historic Property Preservation Agreement is not a project, as defined by Section 15378 of the California Environmental Quality Act and are exempt from environmental review.

2. Adopt Resolution No. 24-192 entitled A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, APPROVING HISTORIC PROPERTY PRESERVATION AGREEMENT 24-195 FOR THE PROPERTY LOCATED AT 143 AVENIDA GRANADA AND FINDING THE

PROJECT IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT.

3. Approve, and authorize the Mayor to execute, Contract No. C24-80, Historic Property Preservation Agreement, for the property located at 143 Avenida Granada.

4. Adopt Resolution No. 24-193 entitled A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, APPROVING HISTORIC PROPERTY PRESERVATION AGREEMENT 24-197 FOR THE PROPERTY LOCATED AT 161 WEST MARQUITA AND FINDING THE

81 City Council Regular Meeting Minutes December 10, 2024

PROJECT IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT.

5. Approve, and authorize the Mayor to execute, Contract No. C24-81, Historic Property Preservation Agreement, for the property located at 161 West Marquita.

6. Adopt Resolution No. 24-194 entitled A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, APPROVING HISTORIC PROPERTY PRESERVATION AGREEMENT 24-273 FOR THE PROPERTY LOCATED AT 304 AVENIDA SIERRA AND FINDING THE

PROJECT IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT.

7. Approve, and authorize the Mayor to execute, Contract No. C24-82, Historic Property Preservation Agreement, for the property located at 304 Avenida Sierra.

8. Adopt Resolution No. 24-195 entitled A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, APPROVING HISTORIC PROPERTY PRESERVATION AGREEMENT 24-390 FOR THE PROPERTY LOCATED AT 210 WEST MARIPOSA AND FINDING THE

PROJECT IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT.

9. Approve, and authorize the Mayor to execute, Contract No. C24-83, Historic Property Preservation Agreement, for the property located at 210 West Mariposa.

10.Adopt Resolution No. 24-196 entitled A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, APPROVING HISTORIC PROPERTY PRESERVATION AGREEMENT 24-468 FOR THE PROPERTY LOCATED AT 402 PASADENA COURT AND FINDING THE

PROJECT IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT.

11.Approve, and authorize the Mayor to execute, Contract No. C24-84, Historic Property Preservation Agreement, for the property located at 402 Pasadena Court.

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

82 City Council Regular Meeting Minutes December 10, 2024 8B. ANNUAL AND FIVE-YEAR REPORTS CONCERNING THE MITIGATION FEE ACT
Mayor Cabral opened the Public Hearing.

Finance Manager Rahn 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 Mayor Pro Tem Enmeier, second by Councilmember Loeffler, CARRIED 5-0, to adopt Resolution No. 24-197 entitled A RESOLUTION OF THE

CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA,
APPROVING, RECEIVING AND FILING THE CITY OF SAN CLEMENTE’S

ANNUAL AND FIVE-YEAR REPORTS CONCERNING THE MITIGATION FEE ACT.

AYE: Enmeier, Knoblock, Loeffler, Wu and Mayor Cabral
NOE: None
8C. CONSIDERATION OF A RESOLUTION TO APPROVE A SUBSTANTIAL AMENDMENT TO THE 2024-2025 ANNUAL ACTION PLAN FOR

EXPENDITURES OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS Mayor Cabral opened the Public Hearing.

Community Development Director Atamian 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 Mayor Cabral, second by Councilmember Wu, CARRIED 5-0, to:

Adopt Resolution No 24-198, which will:

1. Approve and adopt the Substantial Amendment to the 2024-2025 Annual Action Plan acknowledging the new Americans with Disabilities Act (ADA) restroom project at the San Clemente Community Center, which utilizes Community Development Block Grant Funds.

2. Authorize the City Manager to submit the Substantial Amendment to the 2024-2025 Annual Action Plan to the Department of Housing and Urban Development (HUD) and execute related HUD contracts, agreements, forms, and certifications.

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

83 City Council Regular Meeting Minutes December 10, 2024 NOE: None

REORGANIZATION OF AGENDA
Mayor Pro Tem Enmeier, with support of the City Council considered Item 9A following Item 10C.

9. Unfinished Business
9A. UPDATE ON CAPITAL PROJECTS IDENTIFIED AS PRIORITIES BY

MEMBERS OF THE CITY COUNCIL
City Manager Hall narrated a PowerPoint presentation entitled "San Clemente Capital Improvements Program Update and Discussion" and responded to City Council inquiries. A hard copy of the presentation is on file with the City Clerk.

Amanda Quintanilla commented on the active landslide at Mariposa Bridge.

The City Council directed staff to schedule a City Council retreat in January or February 2025.

City Manager Hall discussed the possibility of City staff evaluating the feasibility of having a contract performance preference, similar to the local vendor preference.

10. New Business
10A. USE OF THE TITLE OF MAYOR ONCE THE TERM HAS ENDED
City Manager Hall reviewed the contents of the Administrative Report and responded to City Council inquiries.

Tony Rubolino commented on actions by former Councilmember Duncan in the previous election cycle as it relates to using the title of Mayor.

Amanda Quintanilla spoke in support of a policy.

Concerned resident spoke on integrity of Councilmembers.

Motion by Councilmember Knoblock, second by Councilmember Loeffler, to direct staff to prepare a policy to be considered at the next meeting (January 14, 2025) including the following:

1. Appropriate use of Councilmember titles including Councilmember, Mayor and Mayor Pro Tem.

2. Disclosure by Councilmembers/Mayor when speaking as a private citizen/not representing the City and/or the City Council in an official capacity.

84 City Council Regular Meeting Minutes December 10, 2024

3. Prohibition of using or wearing the City Seal when not representing the City and/or the City Council in an official capacity.

4. With City Council discretion and determination of a violation of the policy to allow the Council to take action to censure and/or enforce forfeiture of the Councilmember's travel stipend.

Substitute Motion by Councilmember Wu, to draft and implement an ethics policy for the City Council. This motion was withdrawn.

The original motion on the floor by Councilmember Knoblock, second by Councilmember Loeffler, CARRIED 5-0, to direct staff to prepare a policy to be considered at the next meeting (January 14, 2025) including the following:

1. Appropriate use of Councilmember titles including Councilmember, Mayor and Mayor Pro Tem.

2. Disclosure by Councilmembers/Mayor when speaking as a private citizen/not representing the City and/or the City Council in an official capacity.

3. Prohibition of using or wearing the City Seal when not representing the City and/or the City Council in an official capacity.

4. With City Council discretion and determination of a violation of the policy to allow the Council to take action to censure and/or enforce forfeiture of the Councilmember's travel stipend.

AYE: Enmeier, Knoblock, Loeffler, Wu and Mayor Cabral
NOE: None
10B. INTRODUCTION (FIRST READING) OF AN ORDINANCE AMENDING SECTION 10.62.020(A)(4) OF THE SAN CLEMENTE MUNICIPAL CODE TO

INCLUDE PASSENGER AGE RESTRICTIONS FOR ELECTRIC BICYCLES

AND OTHER FORMS OF ELECTRIC TRANSPORTATION AND FINDING THE

ORDINANCE NOT SUBJECT TO THE CALIFORNIA ENVIRONMENTAL

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

Motion by Councilmember Loeffler, second by Councilmember Knoblock, CARRIED 5-0, to introduce and conduct the first reading of Ordinance No. 1787 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, AMENDING CHAPTER 10.62 OF THE SAN

CLEMENTE MUNICIPAL CODE TO INCLUDE PASSENGER TRANSPORT

AGE RESTRICTIONS AND UPDATING DEFINITIONS FOR ELECTRIC

BICYCLES AND OTHER FORMS OF ELECTRIC TRANSPORTATION AND

FINDING THE ORDINANCE NOT SUBJECT TO THE CALIFORNIA

85 City Council Regular Meeting Minutes December 10, 2024 ENVIRONMENTAL QUALITY ACT. With the amendment to Ordinance 1787 Section 3. Code Amendment subsection N. shall read as follows:

N. “Seat” shall mean a device manufactured, designed, and factory-installed/appropriately-installed on a vehicle for the purpose of providing points of contact that support an operator or rider in a sitting position on the vehicle including foot support. When transporting passengers, this term shall mean a device, or devices, manufactured, designed, and
factory-installed/appropriately-installed on a vehicle, for the purpose of providing points of contact that support each rider in a sitting position, including foot pegs, separate from the operator’s seat such that each person operating or riding on the vehicle are seated on a device to allow for their individual occupancy with individual foot support.

AYE: Enmeier, Knoblock, Loeffler, Wu and Mayor Cabral
NOE: None
10C. CONSIDERATION OF AMENDING PICKLEBALL & TENNIS COURT

OPERATIONS AT SAN GORGONIO PARK AND FINDING THE ACTION

EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
Beaches, Parks and Recreation Director Wylie reviewed the contents of the Administrative Report and responded to City Council inquiries.

Denise Manok spoke in opposition to pickleball at San Gorgonio Park.

Kevin Manok spoke in opposition to pickleball at San Gorgonio Park.

Amanda Q spoke in support of the City discontinuing pickleball at San Gorgonio Park.

Susan Ambrose, read a statement on behalf of Olga Reznik, a resident on Via San Gorgonio, in opposition to pickleball at San Gorgonio.

Belinda Hodge, San Clemente, spoke in support of the community's continued use of park amenities including pickleball.

Norina Cappidona, San Clemente, spoke in support of extending evening and weekend hours for pickleball play at San Gorgonio Park.

Anita Luck, San Clemente, spoke in support of extending weekend pickleball hours at San Gorgonio Park.

Patricia Wines, San Clemente, spoke in opposition to pickleball at San Gorgonio Park.

Janet Goode, San Clemente, spoke in opposition to pickleball at San Gorgonio

86 City Council Regular Meeting Minutes December 10, 2024 Park.

Pickleball Fun, San Clemente, spoke in support of extending pickleball hours at San Gorgonio Park.

Donna Vidrine, San Clemente, spoke in opposition to pickleball at San Gorgonio Park.

Laura McCorvey, San Clemente, spoke in opposition to pickleball at San Gorgonio Park; urged Council to consider converting pickleball courts to tennis courts at San Gorgonio Park.

Kevin Paugh, San Clemente, spoke in support of adding weekend hours to allow pickleball to be played at San Gorgonio Park.

Concerned Resident, San Clemente, narrated a PowerPoint presentation. A hard copy of the presentation is on file with the City Clerk.

Motion by Councilmember Knoblock, second by Councilmember Loeffler, CARRIED 4-1 (Mayor Pro Tem Enmeier voting NOE), to close the pickleball courts at San Gorgonio Park effective immediately.

AYE: Knoblock, Loeffler, Wu and Mayor Cabral
NOE: Enmeier
The City Council directed staff to evaluate the feasibility of building four pickleball courts by the freeway at San Gorgonio Park as part of the Capital Improvement Project program.

Meeting Recess
The meeting recessed at 9:06 p.m. and reconvened at 9:14 p.m. with all City Councilmembers present.

87 City Council Regular Meeting Minutes December 10, 2024

11. Consent Calendar
Items 11D and 11E were removed from the consent calendar for discussion.

A. City Council Minutes
Motion by Mayor Cabral, second by Mayor Pro Tem Enmeier, CARRIED 5-0, to:
(1) APPROVE THE CITY COUNCIL REGULAR MEETING MINUTES OF NOVEMBER 19, 2024.

AYE: Enmeier, Knoblock, Loeffler, Wu 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) GOLF COURSE COMMITTEE SPECIAL MEETING MINUTES OF AUGUST 28, 2024.
(2) GOLF COURSE COMMITTEE SPECIAL MEETING MINUTES OF SEPTEMBER 26, 2024.
(3) PUBLIC SAFETY COMMITTEE REGULAR MEETING OF OCTOBER 22, 2024. (4) ZONING ADMINISTRATOR MEETING MINUTES OF NOVEMBER 7, 2024. (5) DESIGN REVIEW SUBCOMMITTEE REGULAR MEETING MINUTES OF NOVEMBER 13, 2024.
(6) PLANNING COMMISSION REGULAR MEETING MINUTES OF NOVEMBER 20, 2024.
(7) ZONING ADMINISTRATOR REGULAR MEETING MINUTES OF NOVEMBER 21, 2024.

AYE: Enmeier, Knoblock, Loeffler, Wu 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.
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
AYE: Enmeier, Knoblock, Loeffler, Wu and Mayor Cabral
NOE: None

88 City Council Regular Meeting Minutes December 10, 2024 Payroll Register
Motion by Mayor Cabral, second by Mayor Pro Tem Enmeier, CARRIED 5-0, to approve:

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
AYE: Enmeier, Knoblock, Loeffler, Wu and Mayor Cabral
NOE: None
11F. ADOPT ORDINANCE NO. 1785 (SECOND READING) - 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
Motion by Mayor Cabral, second by Mayor Pro Tem Enmeier, CARRIED 5-0, to adopt 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: Enmeier, Knoblock, Loeffler, Wu and Mayor Cabral
NOE: None
11G. NOTICE OF COMPLETION - NORTH BEACH EMERGENCY SAND
PLACEMENT PROJECT, PROJECT NO. 14901
Motion by Mayor Cabral, second by Mayor Pro Tem Enmeier, CARRIED 5-0, to:

Adopt Resolution No. 24-199, which will:

1. Accept the North Beach Emergency Sand Placement Project, Project No. 14901, 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 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,

89 City Council Regular Meeting Minutes December 10, 2024 GCI Construction, Inc.

4. Authorize the City Clerk to release the performance bond.

AYE: Enmeier, Knoblock, Loeffler, Wu and Mayor Cabral
NOE: None
11H. CONTRACT AWARD - ENGINEERING SUPPORT SERVICES FOR THE DEL

MAR ELECTRICAL REHABILITATION IMPROVEMENTS
Motion by Mayor Cabral, second by Mayor Pro Tem Enmeier, CARRIED 5-0, to:

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.

2. Approve, and authorize the City Manager to execute, Contract No. C24- 85, by and between the City of San Clemente and Pacific Advanced Civil Engineers, Inc., providing for the Del Mar Electrical Rehabilitation Project, in an amount not to exceed $89,940.

AYE: Enmeier, Knoblock, Loeffler, Wu and Mayor Cabral
NOE: None
11I. CONTRACT AWARD - FY 2025 AS-NEEDED STREET IMPROVEMENT

PROGRAM, 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. 24-201, which will:

1. Find the FY 2025 As-Needed Street Improvement Program, CIP Project No. 15318, categorically exempt from the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities, 14 CCR section 15301) of the State CEQA Guidelines.

2. Award the FY 2025 As-Needed Street Improvement Program, contract to Hardy & Harper, Inc.

3. Approve, and authorize the City Manager to execute, Contract No. C24- 86, by and between the City of San Clemente and Hardy & Harper, Inc., providing for the FY 2025 As-Needed Street Improvement Program, in an amount not to exceed $200,000 per year, in a form substantially similar to Contract No. C24-86 (Attachment 3).

90 City Council Regular Meeting Minutes December 10, 2024 AYE: Enmeier, Knoblock, Loeffler, Wu and Mayor Cabral
NOE: None
11J. CONTRACT AWARD - TELECOMMUNICATION SERVICES AT MULTIPLE

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

Adopt Resolution No. 24-202, which will:

1. Award a Commercial Services Agreement to Cox Business for Telecommunication Services.

2. Approve, and authorize the City Manager to execute, Contract No. C24-87, by and between the City of San Clemente and Cox Business, providing for Telecommunication Services, in an amount not to exceed $85,659 per year.

AYE: Enmeier, Knoblock, Loeffler, Wu and Mayor Cabral
NOE: None
11K. CONTRACT AWARD - CIVICREC RECREATION MANAGEMENT SYSTEM,

AND CONSIDERATION A RESOLUTION AUTHORIZING AN EXEMPTION TO

THE FORMAL SOLICITATION PROCESS
Motion by Mayor Cabral, second by Mayor Pro Tem Enmeier, CARRIED 5-0, to:

Adopt Resolution No. 24-203, which will:

1. Authorize an exemption to the formal solicitation process under City Policy 201-2-1.

2. Award a Professional Services Agreement and approve a Master Services Agreement with Civic Plus, Inc. for the CivicRec Recreation Management System.

3. Approve, and authorize the City Manager to execute, Contract No. C24- 88, by and between the City of San Clemente and Civic Plus, Inc., providing for the CivicRec Recreation Management System, in an amount not to exceed $141,863 over a three-year term.

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

91 City Council Regular Meeting Minutes December 10, 2024 11L. CONTRACT AWARD - CONSTRUCTION OF A PUMP TRACK AT RICHARD T.

STEED MEMORIAL PARK AND MAKING FINDINGS UNDER THE

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

Adopt Resolution No. 24-204, which will:

1. Find the construction of an asphalt pump track is consistent with the Richard T. Steed Memorial Park Master Plan and is consistent with the environmental findings established in the IS/MND previously certified by the City Council.

2. Award a piggy-back contract to American Ramp Company, Inc., the lowest responsible bidder in the City of Moreno Valley’s competitive formal bidding process, for the construction of the pump track at Richard T. Steed Memorial Park, in an amount not to exceed $605,500.

3. Approve, and authorize the City Manager to execute, Contract No. C24- 89, a piggy-back contract, by and between the City of San Clemente and American Ramp Company, Inc., providing for the construction of the pump track at Richard T. Steed Memorial Park, in an amount not to exceed $605,500 in a form substantially similar to the contract awarded by the City of Moreno Valley.

4. Approve a 5% project contingency of $30,275.

AYE: Enmeier, Knoblock, Loeffler, Wu and Mayor Cabral
NOE: None
11M. CONTRACT AMENDMENT - LAND LEASE WITH MODIFIED OPTIONS FOR THE CITY OWNED LAND LOCATED ADJACENT AND TO THE NORTH OF 92 AVENIDA LA PATA (APN 678-164-01)
Motion by Mayor Cabral, second by Mayor Pro Tem Enmeier, CARRIED 5-0, to:

Adopt Resolution No. 24-205, which will:

1. Approve the First Amendment to the Land Lease (Contract No. C14-49) between the City of San Clemente and Gratitude Garden Preschool, provided as Attachment 1, Exhibit A of the Administrative Report dated December 10, 2024, for the lease of the unimproved land located adjacent and to the north of 92 Avenida La Pata, (APN 678-164-01).

2. Approve, and authorize the City Manager to execute, Amendment No. 1 to Contract No. C14-49, by and between the City of San Clemente and Gratitude Garden Preschool, for the lease of the unimproved land located adjacent and to the north of 92 Avenida La Pata, (APN 678-164-01).

92 City Council Regular Meeting Minutes December 10, 2024 AYE: Enmeier, Knoblock, Loeffler, Wu and Mayor Cabral
NOE: None

ITEMS REMOVED FROM THE CONSENT CALENDAR FOR DISCUSSION
11D. ADOPT ORDINANCE NO. 1783 (SECOND READING) -VESTING AUTHORITY

IN THE CITY MANAGER TO APPOINT THE CITY CLERK POSITION
Motion by Mayor Cabral, second by Mayor Pro Tem Enmeier, CARRIED 4-1 (Councilmember Wu voting NOE), to adopt Ordinance No. 1783 entitled 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.

AYE: Enmeier, Knoblock, Loeffler and Mayor Cabral
NOE: Wu
11E. ADOPT ORDINANCE NO. 1784 (SECOND READING) - 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) Motion by Councilmember Wu, second by Mayor Pro Tem Enmeier, FAILED 2-3 (Mayor Pro Tem Enmeier, Councilmember Loeffler and Mayor Cabral voting NOE) to introduce and conduct a first reading of amended 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

93 City Council Regular Meeting Minutes December 10, 2024

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); with removal of note 25 on page 41 of Exhibit A and note 33 on page 51 of Exhibit A.

AYE: Knoblock and Wu
NOE: Enmeier, Loeffler and Mayor Cabral
Motion by Mayor Pro Tem Enmeier, second by Mayor Cabral, CARRIED 5-0, to adopt 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

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: Enmeier, Knoblock, Loeffler, Wu and Mayor Cabral
NOE: None

12. Oral Communications (Part 2)
Tony Rubolino spoke on comments made during the appointment of Mayor and Mayor Pro Tempore earlier in the meeting.

13. Future Agenda Items
Municipal Code Review Concerning Sober Living Homes
Mayor Pro Tem Enmeier, with the support of Councilmember Knoblock and Councilmember Loeffler, agendized evaluation of the Costa Mesa City Municipal Code as it relates to sober living homes and distancing between facilities.

City Employee Recognition Process
Councilmember Loeffler requested that the City consider a process to recognize employees in their personnel files. The City Manager Hall will provide a memo to the City Council with an update on the process to recognize city staff and public safety employees.

94 City Council Regular Meeting Minutes December 10, 2024

14. Reports
A. Commissions and Committees
Councilmember Knoblock requested that the City Manager provide an update to the City Council concerning the status of the “lifetime golf pass” for City Councilmembers in recognition of their service to the City.

B. Council Subcommittee Updates
(1) VACANCIES ON THE HUMAN AFFAIRS COMMITTEE AND PUBLIC SAFETY

COMMITTEE
The City Council determined to take no immediate action and advertise and interview for the vacancies when the City Council interviews candidates for all Commission and Committee vacancies in June.

The City Council requested that at the Council retreat, staff time as it relates to Commissions and Committees be evaluated to determine if any modifications to City Commissions and Committees need to be made. (2) UPDATE TO CITY COUNCIL APPOINTEES TO REGIONAL COMMITTEES,

COMMISSIONS AND BOARDS AND APPOINT CITY COUNCIL

REPRESENTATIVES TO EACH CITY COMMISSION AND COMMITTEE
Motion by Councilmember Wu, second by Councilmember Knoblock, CARRIED 5-0, to:

1. Approve the updated appointments to various regional committees, commissions and boards.

2. Adopt Resolution No. 24-206 entitled A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA,

DESIGNATING AND APPOINTING ITS REPRESENTATIVE TO THE
ORANGE COUNTY FIRE AUTHORITY’S BOARD OF DIRECTORS, with the direction that Councilmember Cabral, be named as the director for the Orange County Fire Authority.

3. Approve the appointments of City Council representatives to each City Commission and Committee.

AYE: Enmeier, Knoblock, Loeffler, Wu and Mayor Cabral
NOE: None
A full list of appointments is on the following page:

95 2025 COUNCIL APPOINTED REPRESENTATIVES

TO COMMITTEES, COMMISSIONS AND BOARDS
Committee/Commission/Board Location Meeting
Date(s)
Representative(s) Compensation
Capistrano Unified School District
Liaison Committee
Enmeier/ Wu (Alt.) No
Coastal Animal Services Authority
(CASA)
Animal
Shelter
San
Clemente
3rd Monday,
5:30 p.m.

Bi-monthly
Enmeier/Loeffler (Alt.) No
Community Engagement Panel Varies Quarterly
(dates vary)
Cabral/Enmeier (Alt.) No
Conservancy (Elected/Appointed
Representative to Friends of the
Reserve Commission)
Knoblock
The City's “At Large”
position is vacant.

No
The Talega HOA
Representative is
Laurie Gooch (term
expires June 30, 2020).

The At-Large and
Talega Representative
positions will not be
filled until CM Knoblock
reports to Council with
regard to the Friends’
inactivity.

Chamber of Commerce – Economic
Development
City Hall
Conference
Room
As Set Loeffler/Knoblock (Alt).

Note: The Mayor will
continue to attend
ribbon-cutting
ceremonies.

No
Downtown Business Association –
Economic Development
As set Cabral/Wu (Alt). No
Emergency Operational Area Council
(Orange County)
Mayor and Mayor Pro
Tem
No
Fire Authority (Orange County) OCFA 4th Thursday Cabral Yes ($100 per Boardroom, 1 of every meeting with
Fire Authority other month maximum of $300
Road, Irvine at 6:30 p.m. per month).

Special notes: This
appointment must
be made by
resolution.

Alternates were
discontinued in
2015.

Historic Preservation Ad Hoc
Committee
TBD TBD Enmeier/Loeffler (Alt.) No
Insurance Authority (California Joint
Powers Insurance Authority)
La Palma 4th
Wednesday,
4:30 p.m.

Knoblock/Hall Yes, $100 per
year.

Investment Advisory Committee Ocean View
Conf. Room
Quarterly,
6:00 p.m.

Last Monday
of the month
Cabral No
96 Legislative Delegate Program -
Representative to Senate District 36
Mayor and Mayor Pro
Tem
No
Legislative Delegate Program -
Representative to 74th Assembly
District
Mayor and Mayor Pro
Tem
No
Library Task Force (Orange County) Tustin Library Quarterly, 4th Thursday,
4:00 p.m.

Loeffler No
Mayors (South Orange County
Association of Mayors)
Rotating
Cities
2nd
Thursday,
7:30 a.m.

Mayor No
U.S. Marine Corps Liaison Cabral No
MWDOC Interaction of Elected
Officials
Knoblock/Wu (Alt.) No
Nine South County Water Agencies
(This is the name of a group that
consists of nine South Orange County
water agencies).

Moulton
Niguel Water
District Office
No regular
meetings,
but usually
held at noon
on
Wednesdays
(such as the
fourth
Wednesday
of the
month).

Knoblock/Wu (Alt.) No
SCAG General Assembly Annual
Meeting in
May
Knoblock/Cabral No
Social Service/Community Service
Budget Committee
Enmeier No
South Orange County Watershed
Management Area Executive
Committee
Wu/Rebensdorf (Alt.) No
Vector
(Orange County Mosquito and Vector
Control Board)
District
Office,
Garden
Grove
3rd
Thursday,
3:00 p.m.

Knoblock (term expires
December 2026)
Yes ($100 per
month)
Wall of Recognition Loeffler No
97 2025 CITY COUNCIL APPOINTED

REPRESENTATIVES TO CITY COMMISSIONS AND

COMMITTEES
Commission/Committee Location Meeting
Date and
Time(s)
Representative
Beaches, Parks and
Recreation Commission
Council
Chambers
2nd Tuesday of
even months;
6pm
Enmeier
Planning Commission Council
Chambers
1st and 3rd
Wednesday,
6pm
N/A (City Attorney
is the liaison)
Arts and Culture Committee Council
Chambers
4th Monday of
odd months;
5 pm
Wu
Coastal Advisory Committee Council
Chambers
3rd Thursday
every other
month
(January,
March, etc.);
4pm
Enmeier/Knoblock
Investment Advisory Committee Community
Conference
Room, First
Floor
Last Monday
of the month
following the
quarter end,
5:30pm
Cabral
Golf Course Committee Council
Chambers
1st Thursday,
quarterly (May,
August,
November,
February) 6pm
Cabral
Human Affairs Committee Community
Conference
Room
4th Tuesday of
every Month,
3pm
Enmeier/Loeffler
Public Safety Committee Community
Conference
Room
Fourth Tuesday
of every month,
3pm
Loeffler
98 City Council Regular Meeting Minutes December 10, 2024 C. City Attorney
None.

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

1. Galvin Preservation Associates, Inc., providing for Historic Preservation Consulting in the amount of $60,000.

2. Sancon Technologies, Inc., providing for the SSMH -13090 and SSMH-13091 Sewer Manhole Repair in the amount of $28,100.

3. P.A. & Associates, Inc., providing for Storm Drain Gravity Main SWGM-16135 in the amount of $23,950.

4. Ninyo and Moore Geotechnical & Environmental Science Consultants providing for the Prima Deschecha Canada Channel Wall Stabilization at Grande Vista $42,376.

5. BKF Engineers providing for the Cascadita Canyon FEMA LOMR Project in the amount of $16,000.

6. LGC Geotechnical, Inc., providing for the First Amendment to the Columbo Slope Inclinometer/Geotechnical Investigation in the amount of $47,750 (an increase of $4,750).

7. TAIT & Associates, Inc., providing for the Calle Pueblo Sidewalk Improvements in the amount of $48,060.

8. Diamond Construction & Design providing for Old City Hall Slope and Parking Lot Winterization in the amount of $55,610.

9. Diamond Construction & Design providing for 36" HDPE Strom Drain Outlet Extension North of Pier in the amount of $44,196.

10.Terrain Integration, Inc., providing for the Landscape Architectural Services for Riviera Beach Access in the amount of $22,400.

11.Friendship Shelter providing for the Memorandum of Understanding in the amount of $54,000.

12.Kelsoe and Associates, Inc., providing for the Prima Deshecha Channel Wall

99 City Council Regular Meeting Minutes December 10, 2024 Stabilization at Grade Vista Surveying in the amount of $20,400.

15. Adjournment
Motion by Mayor Cabral, second by Mayor Pro Tem Enmeier, CARRIED 5-0, to adjourn at 10:40 p.m. to an Adjourned Regular Meeting to be held on January 14, 2025. 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: Enmeier, Knoblock, Loeffler, Wu and Mayor Cabral
NOE: None
_______________________________
MAYOR of the City of
San Clemente, California
_______________________________
CITY CLERK of the City of
San Clemente, California

100
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: January 14, 2025 Agenda Item: (1)
101

CITY OF SAN CLEMENTE

DRAFT MINUTES OF THE

BEACHES, PARKS AND RECREATION COMMISSION

REGULAR MEETING
TUESDAY, OCTOBER 8, 2024, 6:00 P.M.

Director Wylie called the Regular Meeting of the Beaches, Parks and Recreation Commission of the City of San Clemente to order on Tuesday, October 8, 2024, at 6:00 p.m. at City Hall Council Chambers, located at 910 Calle Negocio, 2nd Floor, San Clemente, CA. Commissioner McCanne led the Pledge of Allegiance.

PRESENT Garcia, Grace, Johnson, Kahn, Kweskin, McCanne, Weinstein ABSENT None
STAFF PRESENT Samantha Wylie, Beaches, Parks & Recreation Director Debbie Fields, Administrative Assistant
Elizabeth Mitchell, City Attorney

1. NOMINATION AND ELECTION OF CHAIR AND VICE CHAIR
A presentation by Elizabeth Mitchell, City Attorney, discussing the Brown Act; ensuring compliance with the Brown Act, and maintaining transparency in government meetings.

Commissioners either individually or as a whole, discussed the evidence related to the allegations; having a parliamentarian; bylaws; and policies.

Anonymous, a San Clemente resident, raised concerns about Commission integrity, Brown Act violations, and the need for a parliamentarian knowledgeable in Rosenberg Rules of Order.

Motion by Commissioner McCanne to nominate Commissioner Garcia as Chairperson.

A substitute motion by Commissioner Johnson, seconded by Commissioner Grace CARRIED 6-0-1 to nominate Commissioner Weinstein as Chairperson.

AYE: Grace, Johnson, Kahn, Kweskin, McCanne, Weinstein
NOE: None
ABSTAIN: Garcia
Motion by Chair Weinstein, seconded by Commissioner Johnson, CARRIED 7-0 to nominate Commissioner Johnson as Vice Chairperson.

AYE: Garcia, Grace, Johnson, Kweskin, Kahn, McCanne, Weinstein NOE: None
BPR Commission Meeting 12/17/2024 Item #2
102
Beaches, Parks & Recreation Commission Minutes of October 8, 2024 Page 2

2. SPECIAL PRESENTATIONS
None.

3. APPROVAL OF MINUTES
A. August 13, 2024, Beaches, Parks and Recreation Commission Regular Meeting Minutes
Motion by Commissioner Garcia, seconded by Vice Chair Johnson, CARRIED 7-0 to approve the minutes of the Beaches, Parks and Recreation Commission Meeting of August 13, 2024.

AYE: Garcia, Grace, Johnson, Kahn, Kweskin, McCanne, Weinstein NOE: None

4. ORAL COMMUNICATIONS
Anonymous, a San Clemente resident, discussed Elite Soccer's noncompliance with their partnership agreements; and that the City needs to enforce compliance.

5. CURRENT COMMUNITY ACTIVITIES AND UPDATES
A. Recreation Activities and Events
A presentation by Samantha Wylie, Beaches, Parks, & Recreation Director, discussed the Sunset & Symphony, SC Open Skate Contest, and upcoming events through December.

6. OLD BUSINESS
None.

7. NEW BUSINESS
A. Recreation Sports Partnership Applications – Primary Spring Season Motion by Commissioner Kweskin to grant Tier 1 partnerships with conditions of playability discussions.

The original motion was withdrawn by Commissioner Kweskin Motion by Commissioner Garcia, seconded by Chair Weinstein, CARRIED 7-0 to move staff recommendation to grant Tier 1 Partnership status to San Clemente Little League and San Clemente Girls Softball with a three-year agreement.

AYE: Garcia, Grace, Johnson, Kahn, Kweskin, McCanne, Weinstein NOE: None
B. Review of Talega Playground and Forster Ranch Park Playground Survey Results and Request for Direction on Design and Playground Surfacing Options A report was given by Samantha Wylie, Beaches, Parks & Recreation Director, discussing the playground survey results, and surfacing options.

BPR Commission Meeting 12/17/2024 Item #2
103
Beaches, Parks & Recreation Commission Minutes of October 8, 2024 Page 3 Commissioners either individually or as a whole, commented:
• Hybrid option with pour-in-place and wood chips should be considered for playground surfacing options;
• Rubber surface should be in the toddler playground areas (ages 2-5 years) • Budget must be considered when finalizing the design; • Shade and seating are top priorities based on the survey results.

Motion by Commissioner Garcia, seconded by Commissioner McCanne, CARRIED 7-0 to include a hybrid surface design, to include rubberized surfacing and engineered wood fiber materials.

AYE: Garcia, Grace, Johnson, Kahn, Kweskin, McCanne, Weinstein NOE: None
Motion by Commissioner Garcia, seconded by Commissioner Kweskin, CARRIED 7-0 to prioritize shade and seating in the plans for these parks.

AYE: Garcia, Grace, Johnson, Kahn, Kweskin, McCanne, Weinstein NOE: None
C. Establishment of Ad-Hoc Subcommittees and Appointments A report by Samantha Wylie, Beaches, Parks & Recreation Director was given concerning the appointment of Commissioners to ad-hoc subcommittees.

Subcommittees can be no more than 3 members.

1. Aquatics Partnership Policy Subcommittee – Garcia, McCanne

2. Special Events – Garcia, Grace

3. Funding & Sponsorships – Johnson, Kahn

8. Beaches, Parks & Recreation Director Report
i. Beaches, Parks & Recreation Items
Samantha Wylie, Beaches, Parks & Recreation Director reported on various maintenance activities since August 2024, including renovations, installations, and repairs at multiple parks and facilities. ii. Reschedule the meeting date for the regular December Commission Meeting.

Motion by Commissioner Garcia, seconded by Chair Weinstein, CARRIED 7-0 to move staff recommendation to reschedule the regularly scheduled December 10, 2024, meeting to December 17, 2024.

AYE: Garcia, Grace, Johnson, Kahn, Kweskin, McCanne, Weinstein NOE: None

9. ITEMS FROM COMMISSION
A. Subcommittee Reports
None
BPR Commission Meeting 12/17/2024 Item #2
104
Beaches, Parks & Recreation Commission Minutes of October 8, 2024 Page 4 B. Items from Commissioners
i. PierPride Foundation – Commissioner Grace reported that PierPride Foundation has had a successful fundraising month with various events and auctions.
ii. Proposed Agenda Items
Samantha Wylie, Beaches, Parks & Recreation Director, expressed to the Commission, that to get something on an agenda, it would require three votes.

Motion by Commissioner Kweskin, seconded by Commissioner Kahn, CARRIED, 3-4 that the Efficiency Report be brought to the next Commission meeting for Commissioners to review.

10. ADJOURNMENT
Motion by Vice Chair Johnson, seconded by Commissioner Garcia, CARRIED 7-0 to adjourn at 7:35 p.m. to an adjourned regular meeting on Tuesday, December 17, 2024, at 6:00 p.m. at City Hall Council Chambers, located at 910 Calle Negocio, 2nd Floor, San Clemente, CA.
_______________________________
Beaches, Parks, and Recreation Date
Commission Chair
_______________________________
Beaches, Parks & Recreation Director Date
BPR Commission Meeting 12/17/2024 Item #2
105
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: January 14, 2025 Agenda Item: (2)
Submitted By: Choose an item.

Prepared By:

Subject:
..titl e
DESIGN REVIEW SUBCOMMITTEE SPECIAL MEETING MINUTES OF DECEMBER 18, 2024 ..body Fiscal Impact:

Summary:

Background:

Council Options:

Environmental Review/Analysis:

Recommended Actions:

Staff Recommendation ..recommendation
..end
Attachment:

Notification:
106

CITY OF SAN CLEMENTE

MINUTES OF THE SPECIAL MEETING OF THE

DESIGN REVIEW SUBCOMMITTEE
DECEMBER 18, 2024
Subcommittee Members Present: Chair M. Steven Camp; Vice Chair Bart Crandell; and Committee Member Cameron
Cosgrove
Subcommittee Members Absent: All Present
Staff Present: Christopher Wright, Senior Planner
David Carrillo, Associate Planner

1. MINUTES
A. Review and file minutes of the Design Review Subcommittee meeting November 13, 2024
Member Cosgrove moved to approve. Vice Chair Crandell seconded the motion to approve the November 13, 2024 Minutes. Motion passed 3-0.

2. ARCHITECTURAL REVIEW OF THE FOLLOWING ITEMS:

A. PHP 24-564 Salty Turf Mini Golf, 987 Avenida Vista Hermosa A request to develop a miniature golf course facility on vacant open space zoned property within the Vista Hermosa Sports Park portion of the Forster Ranch Specific Plan.

Associate Planner David Carrillo summarized the staff report and key elements of the proposed project.

Chair Camp opened the item for public comments.

Applicant’s Michael Luna and Kendra Dand summarized the proposed design elements.

The Design Review Subcommittee (DRSC) discussed the project, and made the following comments either individually or as a group:
• Give thought to security measures to keep wildlife away from the facility. • Add the lease-approved hours of operation on plans.
• Encouraged an eight-foot-high perimeter fence.
• The project includes Spanish Colonial Revival architectural elements. • Provide a simple landscaping palette to facilitate maintenance. 107
Design Review Subcommittee Special Meeting Minutes December 18, 2024 Page 2 • Provide a dedicated trash receptacle location in the front bulbout/courtyard. • The project provides a cohesive color palette.
• Consider using real flags on each tower.
• Asked for clarification on the purpose of the chimney. • Add some layering to the landscaping at the front of the building, including in the bulb-out.

The Subcommittee supports the project moving forward to a Planning Commission hearing.

B. Alzate Residence, 300 Encino Lane
A request to construct a 2,746 sq. ft. two-story Spanish Colonial Revival residence with a 713 sq. ft. roof deck, and site improvements. An Accessory Dwelling Unit (ADU) is also part of the project but that must be reviewed separately at a staff level according to State law.

Senior Planner Christopher Wright summarized the staff report and key elements of the proposed project.

Chair Camp opened the item for public comments.

Applicant’s architect David York summarized the proposed design elements.

Applicant and owner, Indira Alzate, commented in favor of the project and proposed use of black trim if the Subcommittee does not support use of black roof tile. A photograph of a Spanish building with black trim was displayed as an example.

The Design Review Subcommittee (DRSC) discussed the project, and made the following comments either individually or as a group:
• Black roof tile is not traditional and should not be used. • Use of black trim is acceptable.
• Remove the cornice roof detail and replace with traditional rafter tails. • Replace the tower hip roof with a gable design.
• Adjust proportions and design of the tower so it appears more like a functional traditional entry tower building element. Several changes were suggested such as increasing the height of the tower, removing or simplifying the bevel edging of tower corners, using a recessed decorative tile door surround on the first floor, and installing a pergola over the first-floor opening.
• Increase the plate line height of the first level of the building so it is higher than the second floor, as encouraged by design guidelines. • Widen the deck on the front elevation so it extends the width of the building.
108
Design Review Subcommittee Special Meeting Minutes December 18, 2024 Page 3 • Discouraged use of a cantilevered chimney by extending it to the ground.

If this weren’t done, adjust the design so it cantilevers less and transitions more simply from the building wall to chimney, for a chimney with less visual focus from the street.
• Use decorative tile on stair risers and pilaster caps visible from the street. • Enlarge the size of exterior lights shown on the plans, particularly the lights on the tower and first floor where the lights are more visible. • Stucco the chimney cap.

The Subcommittee encouraged the applicant to consider the comments and make design revisions before the Planning Commission hearing.

3. NEW BUSINESS
None.

4. OLD BUSINESS
None.

5. ORAL AND WRITTEN COMMUNICATION
None.

7. ADJOURNMENT
Adjourned to the next Regular Design Review Subcommittee meeting on January 29, 2025 at 3:00 p.m., San Clemente City Hall, First Floor Community Room, 910 Calle Negocio, San Clemente, CA.

Respectfully submitted,
_______________________________
M. Steven Camp, Chair
Attest:
_______________________________
Christopher Wright, Senior Planner
109
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: January 14, 2025 Agenda Item: (3)
Submitted By: Choose an item.

Prepared By:

Subject:
..titl e
ZONING ADMINISTRATOR REGULAR MEETING MINUTES OF DECEMBER 19, 2024 ..body Fiscal Impact:

Summary:

Background:

Council Options:

Environmental Review/Analysis:

Recommended Actions:

Staff Recommendation ..recommendation
..end
Attachment:

Notification:
110

CITY OF SAN CLEMENTE

MINUTES OF THE REGULAR MEETING

OF THE ZONING ADMINISTRATOR
DECEMBER 19, 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 December 19, 2024 at 3:01 p.m. The meeting was held in the First Floor Community Room of City Hall, 910 Calle Negocio, San Clemente, California.

Staff Present: Adam Atamian, Zoning Administrator
Zach Rehm, Principal Planner
Jessica Gatny, Assistant Planner
Tamara Tatich, Administrative Assistant

2. MINUTES
A. Minutes from the Zoning Administrator Regular Meeting of November 21, 2024.

ZA Atamian received and filed the minutes for the regular meeting of November 21, 2024.

3. ORAL AND WRITTEN COMMUNICATION
None.

4. PUBLIC HEARING
A. Public Hearing Project (PHP) 24-574, JPG Exterior Improvements, 1315 N El Camino Real
The Zoning Administrator will consider a request for a Development Permit (DP) 24-575 to install a 940 sq. ft. open patio deck with foundation at the rear of the building. The proposed project also includes the demolition of the non-permitted structure and foundation at rear of building; installation of new aluminum sectional glass garage doors and structural support; remove and replace existing parapet and patch roofing as needed; replace existing AC units with new units and ducting; remove parking at front and provide new sidewalk and fenced in patio space; and repaint front façade. 111
Minutes of the Zoning Administrator Regular Meeting December 19, 2024 Page 2 The Zoning Administrator will also consider whether the project is Categorically Exempt from the requirements of the CEQA pursuant to CEQA Guidelines § 15301 (Class 1: Existing Facilities).

Assistant Planner Jessica Gatny summarized the staff report and introduced the applicants and designers on the project, Justin and Taleen Metcalf.

The applicants did not have a statement or change to the staff report.

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

ZA Atamian confirmed with staff what aspects of the project were discretionary versus an administrative review to approve. The applicants stated that the project was submitted and approved by the Building Division in June, 2024; however, Engineering and Planning requested the plans be resubmitted, which was done early December, 2024.

ZA Atamian confirmed that the sidewalk waiver was approved and the slope of the grade requires a retaining wall in excess of three feet, resulting in the sidewalk waiver being approved. ZA Atamian stated that the staff report discussed the use of the property which historically had three parking spaces in the front with three in the back being more of an industrial loading area.

The applicants stated that the current use is office and it will be maintained as office with no requirements of parking modifications.

At 3:15 p.m., Mike Gentile arrived and introduced himself as the business owner.

ZA Atamian stated that as far as the back of the building, the design guidelines for the West Pico Corridor Specific Plan, which is the zone for this area, has identified two architectural zones. The front of the building that is at or above grade is of the El Camino Corridor, and behind is the West Pico Corridor. ZA Atamian asked if Mr. Gentile was part of the process when these properties were added to the Specific Plans, and Mr. Gentile stated that he was very involved in ensuring that the properties were added.

ZA Atamian stated that the design along El Camino Real is supposed to reflect Spanish Colonial Revival (SCR), and recognized the building is not currently SCR; however, it is more representative of SCR than what is being proposed. ZA Atamian stated that he could not approve the project that is not SCR, and asked if there are other alternatives for the front façade. Mr.

Gentile stated that all they did on the front is remove the 1990’s terra cotta mechanical screen, but that the courtyard will incorporate Spanish features. 112
Minutes of the Zoning Administrator Regular Meeting December 19, 2024 Page 3 Ms. Metcalf stated that they can change the black mechanical screen to white to match the stucco. Mr. Gentile stated that they were trying to preserve the initial intent of the building to be that of the historical surf shack that was in the movies versus what it currently is with terra cotta tile. ZA Atamian reviewed the photos from the 1958 movie “Slippery When Wet.” Mr. Gentile stated that the goal was for the screen to hide the HVAC units without making it look like something else.

ZA Atamian asked if there was documentation that the building was the first surf shop in San Clemente and the location of a historically significant surfing movie. Mr. Gentile gave a brief history of Dale Velzy and the property location.

ZA Atamian noted in looking at the photos in the staff report that the roofline was flat on the original building. ZA Atamian confirmed that the proposed color of the building is a white-cream and that the garden wall materials is stucco.

ZA Atamian asked staff if signage was inclusive of this permit, and staff stated that signage is being processed separately. Mr. Gentile added that the illustratives in the report were conceptual only. ZA Atamian stated that a modification to Conditions of Approval will be needed to clarify that signage is not part of the permit.

ZA Atamian stated that he was in favor of the project and that it is a benefit to the community, but has a concern with the project proceeding with less SCR. The historically significant building didn’t have the screen. A discussion on construction timing, the roof’s screen, materials used and design details followed.

ZA Atamian suggested to leave the final color of the corrugated parapet to be approved administratively with the intent being to make it as least visible as possible to replicate the historical surf bungalow.

ZA Atamian asked if there is a potential of different uses in the future; and Mr. Gentile stated it could eventually include an educational, consulting and service provider component. The use would not be a change from an office setting. Staff explained historical parking spaces of six could be reestablished with any potential changes in use.

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

ZA Atamian moved staff’s recommendation to determine the project Categorically Exempt from CEQA pursuant to State CEQA Guidelines §15301.e (Class 1.e: Existing Facilities).
113
Minutes of the Zoning Administrator Regular Meeting December 19, 2024 Page 4 Action: The Zoning Administrator adopted Resolution ZA24-023 approving Development Permit 24-575, JPG Exterior Improvements, 1315 N. El Camino Real, subject to the Conditions of Approval with the following modifications:

1. Add to Resolution a Finding 3.C.1: The project involves a historical structure with distinctive architectural styles, and as such new development and major remodels are not required to be consistent with the West Pico Corridor Specific Plan design guidelines. In such cases as this, it is not practical with the minor changes proposed to convert a contemporary, mid-century modern-like building into a true form of Spanish Colonial Revival style required on the El Camino Real frontage.

2. Change Numbering for remaining Findings in Section 3.C.

3. Add to Resolution Section 3.B.4: Based on review of the records related to the number of parking spaces on the site, and in staff’s experience in observing the typical usage of the property, the Zoning Administrator determines that the property has a historic amount of parking equal to six (6) on-site parking spaces. The proposed reduction of three (3) parking stalls at the front El Camino Real facing side of the building in exchange for the courtyard and reduction of vehicle access to that side of the property shall not diminish the amount of parking applicable for the purposes of meeting Zoning Regulations for uses that may occur on the site.

4. Add to Conditions of Approval 4.2: The owner or applicant shall submit to the City Planner a document outlining the historical significance of the building as it relates to development of the San Clemente surf heritage.

5. Add to Conditions of Approval 1.8: The applicant shall develop the Calle Valle fronting parking portion of the project consistent with sheet A-1.0, and the El Camino Real fronting exterior building improvements consistent with the image provided during the staff presentation, slide 8, dated December 19, 2024.

6. Add to Conditions of Approval 1.9: Not withstanding Condition 1.3, the final color of the front mechanical screening parapet wall and front planter wall (shown in charcoal) shall be determined in consultation with the City Planner or their designee once constructed on site.

7. Add to Conditions of Approval 5.1: The owner or applicant shall receive final approval of a landscape plan related to the sidewalk planting area facing El Camino Real that demonstrates landscaping equivalent to at least one (1) of the palm trees shown on Slide 8 of the staff presentation shown on December 19, 2024 to satisfaction of the Community Development Director.
114
Minutes of the Zoning Administrator Regular Meeting December 19, 2024 Page 5

5. NEW BUSINESS
None.

6. OLD BUSINESS
None.

7. ADJOURNMENT
The meeting adjourned at 4:16 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
115
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: January 14, 2025 Agenda Item: (1)
..ag endizedby
..end
Subject:
..titl e
Approve Warrant Nos.
600971 through 601147, paid on
11-22-24, in the amount of $931,658.37
..end
116
117
118
119
120
121
122
123
124
125
126
127
128
129
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: January 14, 2025 Agenda Item: (2)
..ag endizedby
..end
Subject:
..titl e
Approve Wire Transfer Nos.
3151 through 3156 and Warrant Nos.
601148 through 601276, paid on
11-29-24, in the amount of $1,551,670.72 ..end
130
131
132
133
134
135
136
137
138
139
140
141
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: January 14, 2025 Agenda Item: (3)
..ag endizedby
..end
Subject:
..titl e
Approve Wire Transfer Nos.
3157 through 3158 and Warrant Nos.
601277 through 601370, paid on
12-6-24, in the amount of $5,852,324.53 ..end
142
143
144
145
146
147
148
149
150
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: January 14, 2025 Agenda Item: (4)
..ag endizedby
..end
Subject:
..titl e
Approve Wire Transfer Nos.
3159 through 3164 and Warrant Nos.
601371 through 601568, paid on
12-13-24, in the amount of $3,473,960.44 ..end
151
152
153
154
155
156
157
158
159
160
161
162
163
164
165
166
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: January 14, 2025 Agenda Item: (5)
..ag endizedby
..end
Subject:
..titl e
Approve Warrant Nos.
601569 through 601773, paid on
12-20-24, in the amount of $2,580,485.73 ..end
167
168
169
170
171
172
173
174
175
176
177
178
179
180
181
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: January 14, 2025 Agenda Item: (6)
..ag endizedby
..end
Subject:
..titl e
Approve Wire Transfer Nos.
3165 through 3173 and Warrant Nos.
601774 through 601859, paid on
12-27-24, in the amount of $1,562,836.76
TOTAL WARRANT REGISTER $15,952.936.55 ..end
182
183
184
185
186
187
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: January 14, 2025 Agenda Item:
..ag endizedby
..end
Subject:
..titl e
Approve Warrant Nos. 959 through 961,
and Automatic Deposit Advises 99057
through 99392, for the period
11-11-24 through 11-24-24, paid
on 11-29-24, in the amount of $524,618.48 ..end
188
189
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: January 14, 2025 Agenda Item:
..ag endizedby
..end
Subject:
..titl e
Approve Warrant No. 962 and
Automatic Deposit Advises 99393
through 99720, for the period 11-25-24
through 12-8-24, paid on 12-13-24,
in the amount of $698,394.33 ..end
190
191
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: January 14, 2025 Agenda Item:
..ag endizedby
..end
Subject:
..titl e
Approve Warrant Nos. 963 through 964,
and Automatic Deposit Advises 99721
through 100040, for the period
12-9-24 through 12-22-24, paid
on 12-27-24, in the amount of $528,978.65
TOTAL PAYROLL REGISTER $1,751,991.46 ..end
192
193
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: January 14, 2025 Agenda Item: 11D.
194
ORDINANCE NO. 1787

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, AMENDING CHAPTER

10.62 OF THE SAN CLEMENTE MUNICIPAL CODE TO

INCLUDE PASSENGER TRANSPORT AGE

RESTRICTIONS AND UPDATING DEFINITIONS FOR

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 Council adopted Ordinance No. 1778 on September 3, 2024, establishing regulations for the operation and use of electric bicycles and other electric transportation devices; and
WHEREAS, Section 10.62.020(A)(4) of Ordinance No. 1778, which governs passenger restrictions for electric bicycles and other forms of electric transportation does not contain age or licensing requirements for operators transporting passengers; and WHEREAS, the omission of operator age requirements for transporting passengers was identified at the August 20, 2024 City Council meeting when Ordinance 1778 was introduced, and the City Council directed that the Public Safety Committee review said omission for inclusion as a future amendment to the introduced ordinance; and
WHEREAS, the Public Safety Committee, during its September 24, 2024 meeting, recommended that the City Council amend Section 10.62.020(A)(4) to include passenger transport restrictions based on operator age and licensing to improve public safety and enforcement clarity; and
WHEREAS, modifying Section 10.62.020(A)(4), including the update to a relevant definition, is in the best interests of the City and the public by enhancing safety measures for electric bicycle and other electric transport device usage within City limits; 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 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 “project” subject to the California Environmental Quality Act (CEQA). The Ordinance does not 195
qualify as a project because it has no potential to result in either a reasonably foreseeable direct or indirect physical change in the environment. (State CEQA Guidelines, § 15378(a).) This Ordinance merely modifies existing restrictions and prohibitions regarding the operation of electric bicycles and other forms of personal electric transportation devices on public property.

The Ordinance also falls within the “common sense” exemption set forth in State CEQA Guidelines section 15061(b)(3), which exempts activity from CEQA where “it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” This Ordinance simply modifies an existing regulation regarding electric bicycle and electric transport device passenger restrictions; it will not result in any development or activity that could impact the environment.

Section 3. Code Amendment.

The following definition is hereby added to Section 10.62.010 of the San Clemente Municipal Code, and the subsequent numbering of existing definitions is adjusted to accommodate its inclusion in alphabetical order:
“N. “Seat” shall mean a device manufactured, designed, and factoryinstalled/appropriately-installed on a vehicle for the purpose of providing points of contact that support an operator or rider in a sitting position on the vehicle including foot support.

When transporting passengers, this term shall mean a device, or devices, manufactured, designed, and factory-installed/appropriately-installed on a vehicle, for the purpose of providing points of contact that support each rider in a sitting position, including foot pegs, separate from the operator’s seat such that each person operating or riding on the vehicle are seated on a device to allow for their individual occupancy with individual foot support.

Section 4. Code Amendment.

Section 10.62.020(A)(4) of the San Clemente Municipal Code is hereby deleted in its entirety and replaced with the following:

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:
a. Such passenger is seated upon a seat attached to the vehicle in a safe manner; and
b. The operator is at least 16 years of age and possesses a valid driver’s license, or is at least 18 years of age.

Section 5. 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 196
vote for and against the same, in the Office of the City Clerk in accordance with California Government Code section 36933.

Section 6. 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 7. 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 8. Effective Date. This Ordinance shall become effective 30 days after its adoption.

APPROVED AND ADOPTED this ____ day of _______________, 2025.

ATTEST:
_______________________________ ___________________________ City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California
197

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. 1787 having been regularly introduced at the meeting of _______________, 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 _____ day of ____, 2025, 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 ____________, 2025. __________________________
CITY CLERK of the City of
San Clemente, California
APPROVED AS TO FORM:
________________________________
Elizabeth A. Mitchell, CITY ATTORNEY
198
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: January 14, 2025 Agenda Item: 11E.

Submitted By: City Clerk
Prepared By: Laura Campagnolo, City Clerk
Subject:
..titl e
RECORDS DESTRUCTION ..body
Fiscal Impact:

None.

Summary:

Staff is requesting authorization to destroy certain City records that have surpassed the City’s established retention requirements.

Background:

In accordance with State law, the City of San Clemente previously established a Records Retention Schedule that is consistent with State statutory requirements. Staff has determined that the records identified in the attached draft resolution have surpassed the City’s established retention requirements. In addition, the City Attorney has determined that none of the records are needed for legal or operational purposes. Consequently, Staff is recommending that the City Council authorize the destruction of the City records identified in the proposed resolution. Subject to limited exceptions, a resolution adopted by City Council and the written consent of the City Attorney is required pursuant to Government Code section 34090 before records can be destroyed.

Council Options:
 Adopt Resolution No. 25-04 which will authorize the destruction of certain records.  Modify and adopt the resolution.
 Request staff provide additional information.
 Do not authorize the destruction of certain records as identified in Exhibits A-D.

Environmental Review/Analysis:

This is not a project under the California Environmental Quality Act (CEQA).

Recommended Actions:

Staff Recommendation ..recommendation
Staff recommends that the City Council adopt Resolution No. 25-04 entitled A RESOLUTION OF

THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, AUTHORIZING THE 199
Meeting Date: January 14, 2025 Agenda Item: 11E.

CITY OF SAN CLEMENTE 2
DESTRUCTION OF CERTAIN CITY RECORDS AS PROVIDED BY SECTION 34090 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA.
..end
Attachment:

1. Resolution No. 25-04
Exhibit A – City Clerk Records for destruction
Exhibit B – Community Development Records for destruction Exhibit C – Community Development Records for destruction Exhibit D - Finance Records for destruction
Notification:

None.
200
Attachment 1
RESOLUTION NO. 24-04

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, AUTHORIZING THE

DESTRUCTION OF CERTAIN CITY RECORDS AS
PROVIDED BY SECTION 34090 OF THE GOVERNMENT

CODE OF THE STATE OF CALIFORNIA
WHEREAS, maintaining certain records is unnecessary after a certain period of time for the effective and efficient operation of the government of the City of San Clemente; and WHEREAS, Section 34090 of the Government Code of the State of California provides a procedure whereby a City record that has served its purpose and is no longer required may be destroyed.

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

Section 1. The records of the City of San Clemente as set forth in Exhibit A, B, C and D attached hereto and incorporated herein by this reference are no longer required and are hereby authorized to be destroyed with the written consent of the City Attorney as provided by Section 34090 of the Government Code of the State of California.

Section 2. The provisions of Section 1 above do not authorize the destruction of:
(a) Records affecting the title to real property or liens thereon. (b) Court Records.
(c) Records required to be kept by statute.
(d) Records less than two (2) years old.
(e) The minutes, ordinances, or resolutions of the City Council of the City of San Clemente or of any City Committee or Commission.

Section 3. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
201
Resolution No. 25-04 Page 2
PASSED AND ADOPTED this _____ day of ____________________, _______.

ATTEST:
___________________________ __________________________
City Clerk of the City of Mayor of the City of
San Clemente, California 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. 25-04 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
202
203
204
205
206
207
208
209
210
211
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: January 14, 2025 Agenda Item: 11F.

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

CONSIDERATION OF A RESOLUTION TO ACCEPT AND FILE A NOTICE OF COMPLETION FOR THE PAVEMENT PRESERVATION PROGRAM - CRACK FILLING, CIP PROJECT NO. 25304 ..body
Fiscal Impact:

The total construction cost of $123,880 was within the approved construction budget of $162,435 from the General Fund, Account Number 001-416-45730-000-25304.

Summary:

Before the City Council is a Resolution and Notice of Completion for the Pavement Preservation Program - Crack Filling (Attachments 1 and 3).

Background:

On October 1, 2024, the City Council awarded a construction contract to Roy Allan Slurry Seal, Inc. for the Pavement Preservation Program - Crack Filling (Attachment 4). The project consisted of asphalt pavement maintenance by filling cracks on various streets to prevent further damages to the pavement and to extend the life of the existing pavement. The crack filling work was performed within streets as listed in Attachment 2.

After Crack Filling After Crack Filling
212
Meeting Date: January 14, 2025 Agenda Item: 11F.

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

Construction Management and Inspection $ 11,654
Construction 112,226
Total Project Construction Cost $123,880
Council Options:
 Adopt Resolution No. 25-05, which would accept the completed Pavement Preservation Program - Crack Filling, CIP Project No. 25304.
 Modify and adopt Resolution No. 25-05.
 Continue the item with direction to provide additional information.

Environmental Review/Analysis:

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

Recommended Actions:
..recommendation
Staff recommends that the City Council Adopt Resolution No. 25-05, which will:

1. Accept the Pavement Preservation Program - Crack Filling, CIP Project No. 25304, from Roy Allan Slurry Seal, Inc.;

2. Authorize the Public Works Director to execute and record the Notice of Completion for the Pavement Preservation Program - Crack Filling, CIP Project No. 25304;

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, Roy Allan Slurry Seal, Inc.; and

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

1. Resolution No. 25-05

2. Crack Filling Street List

3. Notice of Completion

4. Staff Report dated October 1, 2024 (without attachments) Notification:

None.
213
Attachment 1
RESOLUTION NO. 25-05

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, ACCEPTING AS

COMPLETE THE PAVEMENT PRESERVATION PROGRAM
- CRACK FILLING, CIP PROJECT NO. 25304
WHEREAS, on October 1, 2024, the City Council awarded a construction contract to Roy Allan Slurry Seal, Inc. for Pavement Preservation Program - Crack Filling, CIP Project No. 25304; and
WHEREAS, the work consisted asphalt pavement maintenance work on City streets; and
WHEREAS, Roy Allan Slurry Seal, Inc. has completed the work to the satisfaction of the Public Works Director.

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

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

Section 2. That the City Council accepts as complete the Pavement Preservation Program - Crack Filling, CIP Project No. 25304.

Section 3. That the City Council authorizes the Public Works Director to execute and the City Clerk to record a Notice of Completion for CIP Project No. 25304.

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

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

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

PASSED AND ADOPTED this _____ day of ____________________, 2025. 214
Resolution No. 25-05 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. 25-05 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
215
No. Street Name From To
1 Calle Chiquita La Ronda La Ronda
2 Ave. La Ronda E. El Portal E. El Portal
3 Calle Lago N. El Camino Real end of cul de sac
4 Rincon Court Calle De Los Molinos end of cul de sac
5 Calle Puente W. Ave. Canada W. Ave. Palizada
6 Via Juarez Calle Juarez end of cul de sac
7 Calle Juarez Calle Frontera end of cul de sac
8 Calle Baranda Calle Juarez end of cul de sac
9 Calle Luego Calle Frontera Calle Gaucho
10 Calle Guadalajara Calle Nuevo Ave. Vaquero
11 Calle Gaucho Calle Guadalajara end of cul de sac
12 Calle Amigo end of cul de sac end of cul de sac
13 Calle Descanso Calle Amigo end of cul de sac
14 Calle Sorpreso Calle Frontera end of cul de sac
15 Calle Macho Calle Luego end of cul de sac
16 Calle Amable Calle Vallarta end of cul de sac
17 Calle Brisa Calle Vallarta end of cul de sac
18 Calle Contenta Calle Vallarta end of cul de sac
19 Calle Dulce Calle Vallarta end of cul de sac
20 Calle Embocadura Calle Vallarta end of cul de sac
21 Calle Cumbre Calle Vallarta end of cul de sac
22 Calle Fierros Calle Frontera end of cul de sac
23 Calle Ganadero Calle Frontera end of cul de sac
24 Calle Hidalgo end of cul de sac end of cul de sac
25 Via Hidalgo Calle Hidalgo end of cul de sac
26 Calle Chueca end of cul de sac end of cul de sac
27 Via Chueca Calle Chueca end of cul de sac
28 Calle Corral Calle Guadalajara end of cul de sac
29 Calle Reata Calle Guadalajara end of cul de sac
30 Calle Cuadra Calle Frontera Calle Gaucho
31 Calle Nuevo Camino De Los Mares end of cul de sac
32 Calle Morada Calle Nuevo end of cul de sac
33 Via Amapola Calle Nuevo end of cul de sac
34 Calle Piedras Calle Guadalajara Via Amapola
35 Via Bellota Calle Piedras end of cul de sac
36 Calle Esteban Calle Nuevo Calle Doncella
37 Calle Doncella Calle Guadalajara Calle Heraldo
Crackfill Street List
Appendix 3
Pavement Preservation Program, Project No. 25304
Attachment 2
216
38 Calle Heraldo Via Blanco Camino Vera Cruz
39 Via Blanco Calle Heraldo end of cul de sac
40 Arroyo Calle Heraldo end of cul de sac
41 Panadero Calle Heraldo end of cul de sac
42 Caminante Calle Heraldo end of cul de sac
43 Otero Calle Heraldo end of cul de sac
44 Campo Raso Calle Heraldo end of cul de sac
45 Charco Campo Raso end of cul de sac
46 Bello Panorama Camino Vera Cruz end of cul de sac
47 Arbolado Camino Vera Cruz end of cul de sac
48 Carretera Camino Vera Cruz end of cul de sac
49 Costero Risco Camino Vera Cruz end of public portion 50 Acantilado Calle Vallarta end of cul de sac
51 Calle Vallarta 856 Calle Vallarta Via Blanco
52 Malaguena Ave. Salvador end of cul de sac
53 Tibidabo Ave. Salvador end of cul de sac
54 Monserrat Ave. Salvador end of cul de sac
55 Dulcinea Monserate end of cul de sac
56 Vista Valinda Ave. Salvador end of cul de sac
57 Vista Alcedo Vista Valinda end of cul de sac
58 Vista Cantora Vista Valinda end of cul de sac
59 Vista Cayenta Vista Valinda Ave. Buena Suerte
60 Patero De Oro Ave. La Cuesta El Levante
61 Via Delfin Ave. San Pablo end of cul de sac
62 Calle La Serna Ave. San Pablo end of cul de sac
63 W. Ave. Magdalena Ave. Del Presidente S.. Ola Vista
64 Ave. Montalvo Ave. Calafia Ave. Lobiero
65 Ave. Lobiero Ave. Montalvo Ave. Montalvo
66 W. Ave. San Antonio S. Ola Vista W. Ave. Alessandro
67 Paseo De Cristobal Calle Toledo S. El Camino Real
68 Ave. Victoria Cazador Lane S. El Camino Real
69 W. Ave. Cabrillo Ave. Granada N. El Camino Real
70 E. Ave. Cabrillo N. El Camino Real Ave. De La Estrella 71 W. Ave. Palizada N. Ola Vista N. El Camino Real
72 Entrada Paraiso E. Ave. San Juan end of cul de sac
73 E. Ave. Ramona S. El Camino Real end of cul de sac
74 E. Ave. Junipero S. El Camino Real Entrada Paraiso
75 Calle Regla Entrada Paraiso end of cul de sac
76 Ave. Trieste E. Ave. Junipero end of cul de sac
77 E. Ave. San Juan S. El Camino Real Ave. Salvador
78 Via Promontorio Ave. Acapulco end of cul de sac
79 Via Delfin Ave. San Pablo end of cul de sac
80 Via Ensueno Ave. San Pablo end of cul de sac
217
Attachment 3
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: Pavement Preservation Program - Crack Filling, CIP Project No. 25304.

2. Date of completion: November 22, 2024.

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

4. Name of owner: City of San Clemente.

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

6. Address of owner: 910 Calle Negocio, Suite 100, San Clemente, CA 92673

7. Name and address of contractor: Roy Allan Slurry Seal, Inc., 12643 Emments Way, Santa Fe Springs, CA 90670.

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

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

Executed on __________________________ in San Clemente, California. _________________________________
Dave Rebensdorf, Public Works Director / City Engineer
City of San Clemente
218
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: October 1, 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 ROY ALLAN SLURRY SEAL, INC. FOR PAVEMENT PRESERVATION PROGRAM - CRACK FILLING, CIP PROJECT NO. 25304; AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT IN AN AMOUNT NOT TO EXCEED $125,595; AND FINDING THE PROJECT CATEGORICALLY ..body EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT Fiscal Impact:

The estimated total construction cost of $162,435 is within the total approved budget amount of $250,000 from the Pavement Preservation Program, Account No. 001-416-45730-000-25304.

Summary:

Before the City Council is the award of a construction contract to Roy Allan Slurry Seal, Inc. in an amount not to exceed $125,595 and approval of a 15% project contingency, for the Pavement Preservation Program.

Background:

As a part of Pavement Preservation Program this project focuses on crack filling various local streets to repair cracks and to prevent further damages to the pavement. The proposed crack filling streets are listed in Attachment 2.

Existing cracks Existing cracks
On August 15, 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 September 5, 2024, and 1 Attachment 4
219
Meeting Date: October 1, 2024 Agenda Item: 11I

CITY OF SAN CLEMENTE
the results are presented in the table below. Bids ranged from $125,595 to $178,860. There were no local bidders from San Clemente. The lowest responsive and responsible bidder is Roy Allan Slurry Seal, Inc. of Santa Fe Springs, California with a total bid amount of $125,595.

Table 1. Bid Summary
Company Name Company Location Amount
Roy Allan Slurry Seal, Inc. Santa Fe Springs, CA $125,594.70 Mendoza Engineering Company,
Inc.

Fontana, CA $141,500.00
Global Road Sealing, Inc. DBA
GRSI
Stanton, CA $162,300.00
ONYX Paving Company, Inc. Anaheim, CA $178,860.00
Based on the lowest bid, the total estimated project construction cost is $162,435 as summarized below:

Table 2. Cost Summary
Construction Management and Inspection $18,000
Construction $125,595
Contingency (15%) $18,840
Total Estimated Construction Cost $162,435
As required by state law and City policy, the Roy Allan Slurry Seal, 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. 24-156 (Attachment 1), awarding the Pavement Preservation Program – Crack Filling contract to Roy Allan Slurry Seal, Inc., authorizing the City Manager to execute a construction contract an amount not to exceed $125,595, approving a 15% project contingency of $18,840, 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. 24-156.
 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. 2202
Meeting Date: October 1, 2024 Agenda Item: 11I

CITY OF SAN CLEMENTE
Recommended Actions:

Staff Recommendation ..recommendation
Staff recommends that the City Council adopt Resolution No. 24-156, which will:
..recommendation

1. Find the Pavement Preservation Program – Crack Filling, CIP Project No. 25304, categorically exempt from the CEQA under Class 1 (Existing Facilities, 14 CCR section 15301) of the State CEQA Guidelines;

2. Award the Pavement Preservation Program – Crack Filling, CIP Project No. 25304, contract to Roy Allan Slurry Seal, Inc.;

3. Authorize the City Manager to execute a contract with Roy Allan Slurry Seal, Inc. in an amount not to exceed $125,595, in a form substantially similar to Contract No. C24-57 (Attachment 3) for the Pavement Preservation Program – Crack Filling, CIP Project No. 25304; and

4. Approve a 15% construction contingency of $18,840 for this project. ..end
Attachment:

1. Resolution No. 24-156

2. Proposed Crack Filling Streets

3. Contract No. C24-57
Notification:

All bidders
2213
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: January 14, 2025 Agenda Item: 11G.

Submitted By: Public Works
Prepared By: Shawn Ryan, Deputy Public Works Director
Subject:
..titl e

CONSIDERATION OF A RESOLUTION TO ACCEPT AND FILE A NOTICE OF COMPLETION FOR THE RESERVOIR NO. 4 EXTERIOR COATING, CIP PROJECT NO. 23404 ..body Fiscal Impact:

The total construction cost of $208,183 was within the approved construction budget of $212,723 from the Water Fund Depreciation Reserve, Account No. 052-466-43420-000-23404.

Summary:

Before the City Council is a Resolution and Notice of Completion for the Reservoir No. 4 Exterior Coating (Attachments 1 and 2).

Background:

On April 16, 2024, the City Council awarded a construction contract to United Field Corporation for the Reservoir No. 4 Exterior Coating to rehabilitate deteriorating steel reservoir conditions (Attachment 3). The project included exterior coating with primer, intermediate and finished coats to extend the life of the steel reservoir.

Before Coating After Coating
A summary of the total construction expenditures is provided below:

Construction Management and Inspection $ 19,386
Construction 188,797
Total Project Construction Cost $208,183
222
Meeting Date: January 14, 2025 Agenda Item: 11G.

CITY OF SAN CLEMENTE 2
Council Options:
 Adopt Resolution No. 25-06, which would accept the completed Reservoir No. 4 Exterior Coating, CIP Project No. 23404.
 Modify and adopt Resolution No. 25-06.
 Continue the item with direction to provide additional information.

Environmental Review/Analysis:

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

Recommended Actions:
..recommendation
Staff recommends that the City Council Adopt Resolution No. 25-06, which will:

1. Accept the Reservoir No. 4 Exterior Coating, CIP Project No. 23404, from United Field Corporation;

2. Authorize the Public Works Director to execute and record the Notice of Completion for the Reservoir No. 4 Exterior Coating, CIP Project No. 23404;

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, United Field Corporation; and

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

1. Resolution No. 25-06

2. Notice of Completion

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

None.
223
Attachment 1
RESOLUTION NO. 25-06

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, ACCEPTING AS
COMPLETE THE RESERVOIR NO. 4 EXTERIOR COATING,
(CIP PROJECT NO. 23404)
WHEREAS, on October 1, 2024, the City Council awarded a construction contract to United Field Corporation for Reservoir No. 4 Exterior Coating, CIP Project No. 23404; and WHEREAS, the work consisted of exterior coating of Reservoir No. 4; and WHEREAS, United Field Corporation has completed the work to the satisfaction of the Public Works Director/City Engineer.

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.

Section 2. That the City Council accepts as complete the Reservoir No. 4 Exterior Coating, (CIP Project No. 23404) from United Field Corporation.

Section 3. That the City Council authorizes the Public Works Director to execute and the City Clerk to record a Notice of Completion for CIP Project No. 23404.

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

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

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

PASSED AND ADOPTED this _____ day of ____________________, 2025.

ATTEST:
___________________________ __________________________
City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California
224
Resolution No. 25-06 Page 2

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 25-06 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
225
Attachment 2
Recording Requested By:

City of San Clemente
When Recorded, Mail To:

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

Space above this line is for Recorder’s Use Only

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

1. Project title or description of work: Reservoir No. 4 Exterior Coating, CIP Project No. 23404.

2. Date of completion: October 11, 2024.

3. Street address or legal description of the project site: 419 Avenida Salvador, San Clemente, CA.

4. Name of owner: City of San Clemente.

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

6. Address of owner: 910 Calle Negocio, Suite 100, San Clemente, CA 92673

7. Name and address of contractor: United Field Corporation, 6906 Downing Avenue, Bakersfield, CA 93308.

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

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

Executed on __________________________ in San Clemente, California. _________________________________
Dave Rebensdorf, Public Works Director / City Engineer
City of San Clemente
226
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING

CITY OF SAN CLEMENTE
Meeting Date: April 16, 2024 Agenda Item: 10K
Submitted By: Public Works
Prepared By: Shawn Ryan, Senior Civil Engineer
Subject:
..titl e

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

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

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

Summary:

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

Background:

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

Staff prepared a bid package, notified local contractors and advertised the project for competitive bidding on the PlanetBids website and in the SC Times and bids were
opened on January 18, 2024. The bids ranged from
$170,178 to $333,236 (see Attachment 4). While local
contractors have been notified of how to find and bid on City projects, there were no bids from contractors based in San Clemente. The lowest responsive and responsible bidder was Unified Field Services Corporation of Bakersfield, California with a total bid amount of $170,178. 1 Attachment 3
227
Meeting Date: April 16, 2024 Agenda Item: 10K

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

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

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

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

Environmental Review/Analysis:

This project is categorically exempt from the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities, 14 CCR section 15301) of the State CEQA Guidelines because it consists of repair of existing public facilities involving no expansion of an existing use. 2282
Meeting Date: April 16, 2024 Agenda Item: 10K

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

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

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

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

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

1. Resolution No. 24-57

2. Contract No. C24-57

3. Tank Paint Evaluation Services Report

4. Bidders Listing
Notification:

All bidders.
2293
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: January 14, 2025 Agenda Item: 11H.

Submitted By: Public Works
Prepared By: Shawn Ryan, Deputy Public Works Director
Subject:
..titl e

CONSIDERATION OF A RESOLUTION AWARDING A MAINTENANCE SERVICES CONTRACT TO SOUTHERN CALIFORNIA PRECISION CONCRETE, INC. DBA PRECISION

CONCRETE CUTTING FOR SIDEWALK TRIP HAZARD REMOVAL AND ASSESSMENT SERVICES, PROJECT NO. 25305, AUTHORIZING THE CITY MANAGER TO EXECUTE THE MAINTENANCE SERVICES CONTRACT IN AN AMOUNT NOT TO EXCEED $200,000 AND

FINDING THE PROJECT CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVI
..body RONMENTAL QUALITY ACT
Fiscal Impact:

The total Maintenance Services Contract is $200,000, which is within the approved Sidewalk Trip Hazard Removal and Assessment Services budget from the General Fund, Account No. 001-416- 45710-000-25305, for $150,000 and $50,000 from Account No. 001-416-45710-000-23304.

Summary:

Before the City Council is the award of a one-year contract to Southern California Precision Concrete, Inc. dba Precision Concrete Cutting to provide Sidewalk Trip Hazard Removal and Assessment Services in an amount not to exceed $200,000.

Background:

The City of San Clemente maintains over 150 miles of concrete sidewalks. To improve the City’s response in addressing sidewalk deflections and evaluation of trip hazards, City staff prepared and bid an on-call maintenance contract. In previous years, the methods employed for removing deflections included grinding or costly sidewalk removal and replacement (R&R). City staff is recommending to use concrete slicing instead of grinding to maintain ADA-safe pathways and reduce the amount of R&R needed. This method removes deflections up to 2 inches without needing to remove and replace the sidewalk at a higher cost. This will also ensure that the sidewalks maintain 1:12 slopes that meet ADA guidelines. The proposed vendor will also provide GIS data that integrates into the City’s GIS system to keep track of repairs, including valuable before and after repair data that can be used for future sidewalk maintenance needs and to defend against claims.

Discussion:

On November 15, 2024, staff prepared a bid package, notified local contractors, and advertised the project for competitive bidding on the PlanetBids website. Bids were opened on December 2, 2024. One bid was received from Southern California Precision Concrete, Inc. dba Precision Concrete Cutting of Escondido, CA. The project was bid on an inch-foot basis for trip hazard removal (0.25 inches to 2 inches) and sidewalk mile for sidewalk assessment. 230
Meeting Date: January 14, 2025 Agenda Item: 11H.

CITY OF SAN CLEMENTE 2
Table 1. Expenditure Summary
Trip Hazard Removal & Assessment Services $200,000
Total Maintenance Cost $200,000
As state law and City policy require, the contractor must provide performance and payment bonds while executing the construction contract. The Trip Hazard Removal and Sidewalk Assessment Services proposal is on file in the City Clerk’s office.

Council Options:
 Adopt Resolution No. 25-07, approving the maintenance agreement as shown on Attachment 2 and finding the project categorically exempt from CEQA.  Adopt Resolution No. 25-07 with modifications.
 Continue the item and direct staff to provide additional information.  Do not award the Maintenance Services Contract to Southern California Precision Concrete, Inc. dba Precision Concrete Cutting for the Sidewalk Trip Hazard Removal and Assessment Services Project and provide staff with specific direction regarding alternative sidewalk maintenance.

Environmental Review/Analysis:

These services are categorically exempt from the California Environmental Quality Act (CEQA) as they pertain to replacing existing facilities under Class 1 of the state CEQA Guidelines, Section 15301 (14 CCR 15301). A notice of exemption will be filed for this Maintenance Services Contract.

Recommended Actions:

Staff recommends that the City Council adopt Resolution No. 25-07, which will:

1. Find the Sidewalk Trip Hazard Removal and Assessment, Project 25305, categorically exempt from CEQA under Class 1 (Existing Facilities, 14 CCR section 15301) of the CEQA Guidelines;

2. Award a contract to Southern California Precision Concrete, Inc. dba Precision Concrete Cutting, as the lowest responsible and responsive bidder for the Sidewalk Trip Hazard Removal and Assessment, Maintenance Services Contract, Project No. 25305;

3. Authorize the City Manager to execute a contract with Southern California Precision Concrete, Inc. dba Precision Concrete Cutting, in an amount not to exceed $200,000 in a form substantially similar to Contract No. 25-01 (Attachment 2) for the Sidewalk Trip Hazard Removal and Assessment, Maintenance Services Contract, Project No. 25305...recommendati on ..end
231
Meeting Date: January 14, 2025 Agenda Item: 11H.

CITY OF SAN CLEMENTE 3
Attachment:

1. Resolution No. 25-07

2. Contract No. C25-01
Notification:

Southern California Precision Concrete, Inc.
232
Attachment 1
4882-9904-3949 v1
RESOLUTION NO. 25-07

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF SAN CLEMENTE, CALIFORNIA, AWARDING A

MAINTENANCE SERVICES CONTRACT TO

SOUTHERN CALIFORNIA PRECISION CONCRETE,
INC. DBA PRECISION CONCRETE CUTTING FOR

SIDEWALK TRIP HAZARD REMOVAL AND
ASSESSMENT SERVICES, CIP PROJECT NO. 25305,
IN AN AMOUNT NOT TO EXCEED $200,000, FROM

THE GENERAL FUND, AUTHORIZING THE CITY

MANAGER TO EXECUTE THE CONTRACT AND

FINDING THE PROJECT CATEGORICALLY EXEMPT

FROM THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT (CEQA) UNDER CLASS 1 OF THE CEQA
GUIDELINES (14 CCR 15301, EXISTING FACILITIES)
WHEREAS, sidewalk trip hazards and assessment services are needed to address sidewalk alternations that require attention throughout the City of San Clemente; and
WHEREAS, the City conducted competitive bidding for the Trip Hazard Removal and Assessment Services, Project No. 25305 (Maintenance Services), and
WHEREAS, on December 2, 2024, the City received one (1) bid in an amount not to exceed $200,000 for the Maintenance Services; and WHEREAS, the lowest responsive and responsible bidder was Southern California Precision Concrete, Inc. dba Precision Concrete Cutting of Escondido, California, in an amount not to exceed $200,000.

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 based on a review of the record as a whole, the Sidewalk Trip Hazard Removal and Assessment Services Project No. 25305 (Maintenance Services) is hereby determined to be categorically exempt from the California Environmental Quality Act (CEQA) as it pertains to replacing existing facilities under Class 1 of the state CEQA Guidelines, Section 15301 (14 CCR 15301, Existing Facilities). There is no substantial direct or foreseeable indirect effect of 233
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this project on the environment.

SECTION 3. That the Maintenance Services contract for the Sidewalk Trip Hazard Removal and Sidewalk Assessment Services, Project No. 25305, is hereby awarded to Southern California Precision Concrete, Inc. dba Precision Concrete Cutting as the lowest responsive and responsible bidder.

SECTION 4. That the City Manager is authorized and directed to execute a maintenance services contract for the Sidewalk Trip Hazard Removal and Assessment Services, Project No. 25305, with Southern California Precision Concrete, Inc. in an amount not to exceed $200,000 in a form substantially similar to that presented to City Council on January 14, 2025.

SECTION 5. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

PASSED AND ADOPTED this _____ day of ____________________, 2025.

ATTEST:
___________________________ __________________________
City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California
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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. 25-07 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

AGREEMENT FOR MAINTENANCE SERVICES

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, located at 910 Calle Negocio, San Clemente 92673 (“City”) and Southern California Precision Concrete, Inc., dba Precision Concrete Cutting, a California corporation, with its principal place of business at 2581 Highgate Court, Chino Hills, CA 91709-1137 (“Contractor”).

City and Contractor are sometimes individually referred to herein as “Party” and collectively as “Parties” in this contract.

2. RECITALS.

2.1 Contractor.

Contractor desires to perform and assume responsibility for the provision of certain sidewalk trip hazard removal, assessment and maintenance services required by the City on the terms and conditions set forth in this Agreement and the Contract Documents, Plans, and Specifications for City of San Clemente - Request for Proposal, Sidewalk Repair, and Improvement Program dated November 15th, 2024 are hereby incorporated as though fully set forth herein. The contract Documents for the aforesaid project shall consist of the Notice Inviting Sealed Bids, Instructions to Bidders, Bid, together with this Agreement and all required bonds, insurance certificates, permits, notices, and affidavits; and also including any and all addenda or supplemental agreements clarifying, or extending the work contemplated as may be required to ensure its completion in an acceptable manner. Contractor represents that it is experienced in providing sidewalk trip hazard removal, sidewalk assessment services, and maintenance 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.

2.2 Project.

City desires to engage Contractor to render such services for the Sidewalk Repair and Improvement Program project (“Project”) as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Contractor 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 maintenance services necessary for the Project (“Services”). The Services are more particularly described in Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

3.1.2 Term. The term of this Agreement shall be from January 14, 2025, to January 13, 2026, or until the Services are completed to the City’s satisfaction, unless earlier terminated as provided herein. Contractor shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. 236
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3.2 Responsibilities of Contractor.

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

Contractor 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 Contractor shall also not be employees of City and shall at all times be under Contractor’s exclusive direction and control. Neither City, nor any of its officials, officers, directors, employees or agents shall have control over the conduct of Contractor or any of Contractor’s officers, employees or agents, except as set forth in this Agreement. Contractor 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. 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, disability insurance, and workers’ compensation insurance.

3.2.2 Schedule of Services. Contractor 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. Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Contractor’s conformance with the Schedule, City shall respond to Contractor’s submittals in a timely manner. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.

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

3.2.4 City’s Representative. The City hereby designates Shawn Ryan, Deputy Public Works Director, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Contractor but not the authority to enlarge the Scope of Work or change the total compensation due to Contractor under this Agreement. The City’s 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 Contractor’s total compensation, subject to the provisions contained in Section 3.3 of this Agreement. Contractor shall not accept direction or orders from any person other than the City Manager, City’s Representative or his/her designee.

3.2.5 Contractor’s Representative. Contractor hereby designates Parker Yocum, Project Director, or his or her designee, to act as its representative for the performance of this Agreement (“Contractor’s Representative”). Contractor’s Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement.

The Contractor’s Representative shall supervise and direct the Services, using his 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.
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3.2.6 Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City’s staff, Contractors and other staff at all reasonable times.

3.2.7 Standard of Care; Performance of Employees. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by contractors and/or professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the discipline necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them.

Finally, Contractor represents that it, its employees and subcontractors 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, Contractor 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 Contractor’s failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub-contractors 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 Contractor and shall not be re-employed to perform any of the Services or to work on the Project.

3.2.8 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 Project or the Services, 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 Services. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations, Contractor shall be solely responsible for all costs arising therefrom. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents 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.

3.2.9 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor 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 as 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 subcontractors, 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.

3.2.10 Labor

3.2.10.1 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 238
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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 Agreement. 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 the Contractor’s principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected 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.

3.2.10.2 Registration. Since the Services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code sections 1725.5 and 1771.1, effective March 1, 2015, Contractor and all subcontractors must be registered with the Department of Industrial Relations (“DIR”). Contractor shall maintain registration for the duration of the project and require the same of any subcontractors. This project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Contractor’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 work performed on a maintenance project that is exempt pursuant to the small project exemption specified in Labor Code sections 1725.5 and 1771.1.

3.2.11 Insurance. Contractor agrees to procure and maintain, at Contractor’s expense all insurance specified in Exhibit “C” 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.

3.2.12 Bonds.

3.2.12.1 Performance Bond. If specifically requested by City in Exhibit “D” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Performance Bond in the amount of the total, not-toexceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.

3.2.12.2 Payment Bond. If required by law or otherwise specifically requested by City in Exhibit “D” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Payment Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.

3.2.12.3 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 affected bond within 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 239
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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 Agreement until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Agreement for cause.

3.2.12.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California-admitted surety and satisfactory to the City. 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.

3.2.13 Water Quality Management and Compliance.

3.2.13.1 Storm Water Management. Storm, surface, nuisance, or other waters may be encountered at various times during the Services. Contractor 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.

3.2.13.2 Compliance with Water Quality Laws, Ordinances and Regulations. 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 Services including, without limitation, all applicable provisions of the City’s ordinances regulating discharges of storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.); the California Porter-Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. These include, but are not limited to San Diego Regional Water Quality Control Board Order No. R9-2013-0001 as amended by Order Nos. R9-2015-0001 and R9-2015-0100. Contractor shall additionally comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regarding discharges of storm water to separate storm drain systems or other watercourses, including applicable requirements in municipal storm water management programs.

3.2.13.3 Compliance with Local Water Quality Requirements. In addition to compliance with the laws, ordinances and regulations listed in paragraph 3.2.13.2, Contractor shall comply with all applicable requirements of the Orange County Drainage Area Management Plan (“DAMP”), the City of San Clemente Water Quality Improvement Plan (“WQIP”), the City of San Clemente Jurisdictional Urban Runoff Management Plan (“JURMP”), and the applicable Water Quality Management Plan (“WQMP”). These documents contain Model Maintenance Procedures with Best Management Practices (“BMPs”). These Model Maintenance Procedures contain pollution prevention and source control techniques to minimize the impact of those activities upon dry-weather urban runoff, stormwater runoff, and receiving water quality. 240
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Contractor shall be familiar with these documents and shall comply with the requirements as specified therein.

A copy of the DAMP is available on the internet at:
www.ocwatersheds.com
A copy of the San Clemente WQIP and JURMP are available on the internet at:
www.sccleanocean.org.

The City will provide a copy of any applicable project WQMP.

3.2.13.4 Standard of Care. 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 Sections 3.2.13.2 and 3.2.13.3 of this Agreement. Contractor further warrants that it, its employees and subcontractors will receive adequate training, as determined by the City, regarding the requirements of the laws, regulations and policies described in Sections 3.2.13.2 and 3.2.13.3 of this Agreement as they may relate to the Services.

3.2.13.5 Liability for Non-compliance.
(A) Indemnity: Failure to comply with laws, regulations, and ordinances listed in Sections 3.2.13.2 and 3.2.13.3 of this Agreement is a violation of federal and state law. Notwithstanding any other indemnity contained in this Agreement, Contractor agrees to indemnify and hold harmless the City, its officials, officers, agents, employees and authorized volunteers from and against any and all claims, demands, losses or liabilities of any kind or nature which the City, its officials, officers, agents, employees and authorized volunteers may sustain or incur for noncompliance with the laws, regulations, and ordinances listed in Sections 3.2.13.2 and

3.2.13.3 of this Agreement arising out of or in connection with the Services, except for liability resulting from the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers. (B) Defense: City reserves the right to defend any enforcement action or civil action brought against the City for Contractor’s failure to comply with any applicable water quality law, regulation, or policy. Contractor hereby agrees to be bound by, and to reimburse the City for the costs associated with, any settlement reached between the City and the relevant enforcement entity.
(C) Damages: City may seek damages from Contractor for
delay in completing the Services caused by Contractor’s failure to comply with the laws, regulations and policies described in Sections 3.2.13.2 and 3.2.13.3 of this Agreement, or any other relevant water quality law, regulation, or policy.

3.3 Fees and Payments.

3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “E” attached hereto and incorporated herein by reference. The total compensation shall not exceed Two Hundred Thousand Dollars ($200,000) without prior written approval of City’s 241
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City Council. Extra Work may be previously authorized in writing, 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. Contractor shall submit to City a monthly itemized invoice which indicates work completed and hours of Services rendered by Contractor.

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 Contractor’s fees, the City shall give written notice to Contractor within thirty (30) days of receipt of an invoice of any disputed fees set forth therein.

3.3.3 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless previously authorized in writing by City.

3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Contractor 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.

Contractor shall not perform, nor be compensated for, Extra Work without prior 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 “E” may be adjusted each year at the time of renewal as set forth in Exhibit “E.”

3.4 Accounting Records.

3.4.1 Maintenance and Inspection. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Contractor 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. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of four (4) years from the date of final payment under this Agreement.

3.5 General Provisions.

3.5.1 Termination of Agreement.

3.5.1.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time, with or without cause, by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those services which have been adequately rendered to City, and Contractor 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 Contractor to provide all finished or unfinished Documents and Data and other information of any kind prepared by Contractor in connection with the performance 242
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of Services under this Agreement. Contractor 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:

Contractor: Southern California Precisian Concrete Cutting, Inc dba Precision Concrete Cutting
2581 Highgate CT
Chino Hills, CA 91709-1137
ATTN: Parker Yocum, Project Director
City: City of San Clemente
910 Calle Negocio
San Clemente, CA 92673
ATTN: Laura Campagnolo, City Clerk and
Shawn Ryan, Deputy Public Works Director
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 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.

3.5.4 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.

3.5.5 State License Board Notice. 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.

3.5.6 Indemnification. To the fullest extent allowable by law, Contractor shall defend, indemnify and hold the City, its 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, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions, negligence or willful misconduct of Contractor, its officials, officers, employees, agents, consultants and contractors arising out of or 243
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in connection with the performance of the Services, the Project or this Agreement, including without limitation the payment of all consequential damages and attorney’s fees and other related costs and expenses. Contractor shall defend, at Contractor’s own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, agents or volunteers.

Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. Contractor shall reimburse City and its officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in 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, officers, employees, agents or volunteers.

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 Contractors. City reserves right to employ other contractors 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. Contractor 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 Contractor include all personnel, employees, agents, and subcontractors of Contractor, 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. 244
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3.5.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.

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

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

3.5.18 Prohibited Interests. 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 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. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, 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. Contractor 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, Contractor 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. Contractor 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. Contractor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written 245
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approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement
[SIGNATURES ON FOLLOWING PAGE]
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

Safe Sidewalks, Inc.
dba Precision Concrete Cutting,
a California corporation
(“CONTRACTOR”)
By:_____________________________
Ronald William Durna Jr., CEO
Dated: __________________, 20____

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By:_____________________________
Kevin Yocum, CFO
Dated: __________________, 20____
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EXHIBIT “A”

SCOPE OF MAINTENANCE SERVICES
Contractor shall perform the following services for the City (collectively, the “Services”) to the City’s satisfaction:

Pre-Project:
 Initial kick-off meeting: Contractor shall meet with City staff to go over project objectives, expectations and review project locations.
 GIS Integration preparation: Contractor shall verify data requirements for ESRI Shapefile / Geodatabase formats for eventual incorporation to City GIS.  Project Scheduling: Contractor shall develop a detailed schedule of inspection and maintenance activities with priority given to high-traffic or high-risk areas.

Location and Identification:
 Contractor shall systematically survey pre-determined areas and adjacent sidewalks to identify all vertical displacements ranging from ¼” to 2”.  Contractor shall identify and flag any offsets exceeding 2” for alternative solutions, documenting their locations for future efforts.
 Contractor shall update the City’s GIS system with initial findings for on-going tracking.

Measure, Document and Photograph:
 Contractor shall utilize measurement tools to record displacement heights to oneeighth of an inch and capture linear footage for each potential hazard.  Contractor shall take pre-maintenance photographs to provide clear evidence of identified trip hazards.
 Contractor shall record GPS coordinates and property details for each location.

Review Data with City Staff:
 Contractor shall deliver a comprehensive inspection report, including GIS data and a priority list of identified hazards.
 Contractor shall collaborate with City staff to determine remediation priorities based on hazard severity, location, and budgetary constraints.

Remediate Hazards:
 Contractor shall apply horizontal slicing method to remove trip hazards while preserving existing sidewalk structure.
 Contractor shall ensure all repairs meet ADA compliance standards, achieving a smooth, uniform surface with a 1:12 slope.
 Contractor shall capture post-maintenance measurements and photographs to document completed work.
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Document Repairs:
 Contractor shall update GIS data with details of completed repairs, including remediation dates, measurements and photographs.
 Contractor shall provide a complete record of repaired locations for integration into the City’s GIS and asset management systems.

Review and Report:
 Contractor shall attend weekly progress meetings with City staff.  Contractor shall submit bi-Monthly progress reports summarizing work, project progress, and any challenges encountered.
 Contractor shall convene regular meetings and provide and collaborate on presentations with City staff to review progress, discuss findings and address feedback.

Project Completion and Final Reporting:
 Contractor shall deliver a final executive summary report for all completed work, including a comparison of planned vs achieved outcomes.  Contractor shall provide GIS data detailing all remediated hazards and areas identified for future attention.
 Contractor shall conduct a project review meeting for final deliverables and lessons learned for future maintenance programs.
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EXHIBIT “B”

SCHEDULE OF MAINTENANCE SERVICES
Contractor shall diligently perform the services to the City’s satisfaction and according to the timeframes for each task as requested by the City.
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EXHIBIT “C”

INSURANCE REQUIREMENTS

1.1 Insurance.

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

1.1.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Contractor, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Contractor agrees to amend, supplement or endorse the policies to do so.
(A) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office “occurrence” form CG 0001, or the exact equivalent, with limits of not less than $1,000,000 per occurrence and not less than $2,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); or (3) containing any other exclusion(s) contrary to the terms or purposes of this Agreement. (B) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering “Any Auto” (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $1,000,000 combined limit for each occurrence. (1) a Personal Automobile Liability policy for the Contractor’s own vehicle stipulating “Automobile Liability Insurance with a limit of not less than $1,000,000 each accident”; and (2) a non-owned auto endorsement to the Commercial General Liability policy if Contractor uses vehicles of others (e.g., vehicles of employees).
(C) Workers’ Compensation: Workers’ Compensation
Insurance, as required by the State of California and Employer’s Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease.

1.1.3 Endorsements. Required insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
(A) Commercial General Liability:
(1) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement. For all policies of Commercial 251
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General Liability insurance, Contractor shall provide endorsements in the form of ISO CG 20 10 10 01 (or endorsements providing the exact same coverage) to effectuate this requirement.

Additional Insured Endorsements shall not (1) be restricted to “ongoing operations”; (2) exclude “contractual liability”; (3) restrict coverage to “sole” liability of Contractor; or (4) contain any other exclusions contrary to the terms or purposes of this Agreement. (2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (B) Automobile Liability:
(1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (C) Workers’ Compensation:
(1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.

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

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

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

1.1.7 Evidence of Insurance. The Contractor, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates on forms approved by the City, together with all endorsements affecting each policy. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled 252
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or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.

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

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

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

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

1.1.12 Insurance for Subcontractors. Contractor shall include all subcontractors engaged in any work for Contractor relating to this Agreement as additional insureds under the Contractor’s policies, or the Contractor shall be responsible for causing subcontractors to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City, its officials, officers, employees, agents and volunteers as Additional Insureds to the subcontractor’s policies. All policies of Commercial General Liability insurance provided by Contractor’s subcontractors performing work relating to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and volunteers as additional insureds using endorsement form ISO CG 20 38 04 13 or an endorsement providing equivalent coverage. Contractor shall not allow any subcontractor to commence work until it has received satisfactory evidence of subcontractor’s compliance with all insurance requirements under this Agreement, to the extent applicable. The Contractor shall provide satisfactory evidence of compliance with this section upon request of the City. 253
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EXHIBIT “D”

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 and _____________________________ CENTS ($_________________________), 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, if provided as part of the Contract Documents, 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 guarantee 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 the above obligation in penal sum thereof shall remain in full force and effect. However, anything in this paragraph to the contrary notwithstanding, 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 Documents, law or equity, including, but not limited to, California Code of Civil Procedure section 337.15. 254
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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:
(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 Documents 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; or (3) Permit the City to complete the Project in any manner consistent with California 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 Documents 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 and the provisions of Section 2819 and 2845 of the California Civil Code. Without limiting the foregoing, such changes, extensions of time and alterations or additions shall include, but are not limited to, changes or alterations to the Contract Documents (including, without limitation, an increase in the total dollar amount of the Contract Documents), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor. 255
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IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of __________________________, 20___.

CONTRACTOR/PRINCIPAL
(Corporate Seal of Contractor/ _________________________________________ Principal, if a Corporation) Name of Contractor/Principal (Type or Print) By: ___________________________________
Name (Signature)
___________________________________
Name (Type or Print)
___________________________________
Title (Type or Print)
SURETY
(Seal of Surety) _________________________________________ Name of Surety (Type or Print)
By:____________________________________
Attorney-In-Fact
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached.

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) ___________________________________________ 256
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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
NOTE: A copy of the Power-of-Attorney to local representatives of the bonding company must be attached hereto.

END OF PERFORMANCE BOND FORM
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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 ________________, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and
WHEREAS, said Principal is required to furnish a bond in connection with said Contract Documents; 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 and
CENTS ($_________________________) 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 Documents, 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, and also, in case suit is brought upon this bond, all litigation expenses incurred by the City in such suit, including reasonable attorneys’ fees, court costs, expert witness fees and investigation expenses.

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 (including the Contract Documents), plans, 258
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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 or attempted rescission of the Contract Documents, agreement or bond, nor by any conditions precedent or 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.

Notwithstanding any other provision of this bond, it is expressly understood, acknowledged and agreed that it shall provide all of the protections required by California Civil Code Sections 9550 through 9566, including the specific coverage protections required by Section 9554.

IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on the _____ day of ______________________ 20______ the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative pursuant to authority of its governing body.

CONTRACTOR/PRINCIPAL
(Corporate Seal of Contractor/ _________________________________________ Principal, if a Corporation) Name of Contractor/Principal (Type or Print) By: ___________________________________
Name (Signature)
___________________________________
Name (Type or Print)
___________________________________
Title (Type or Print)
SURETY
(Seal of Surety) _________________________________________ Name of Surety (Type or Print)
By:____________________________________
Attorney-In-Fact
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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
NOTE: A copy of the Power-of-Attorney to local representatives of the bonding company must be attached hereto.

END OF PAYMENT BOND FORM
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EXHIBIT “E”

COMPENSATION
In full and complete compensation for the Services provided under this Agreement, City shall pay Contractor according to the schedule set forth below:

Compensation Schedule
Item No. Description Unit Unit Price
1 Trip Hazard Removal (1/4” to 2”) Inch-Foot $39.95
2 Sidewalk Assessment Services Sidewalk Mile $550
Total compensation under this Agreement shall not exceed Two Hundred Thousand Dollars ($200,000) without prior written approval of the City Council. There are no reimbursable expenses under this Agreement.
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EXHIBIT “F”
WORKER’S COMPENSATION INSURANCE CERTIFICATION

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

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

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

WARNING: FAILURE TO SECURE WORKERS’ COMPENSATION

COVERAGE IS UNLAWFUL, AND SHALL SUBJECT AN EMPLOYER TO

CRIMINAL PENALTIES AND CIVIL FINES UP TO ONE HUNDRED THOUSAND DOLLARS ($100,000), IN ADDITION TO THE COST OF COMPENSATION, DAMAGES AS PROVIDED FOR IN SECTION 3706 OF THE LABOR CODE, INTEREST, AND ATTORNEY’S FEES.
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Dated: ________________________, 20____
________________________________
Consultant
By: ________________________________
________________________________
Title
________________________________
Address
263
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: January 14, 2025 Agenda Item: 11I.

Submitted By: Public Works
Prepared By: Shawn Ryan, Deputy Public Works Director
Subject:
..titl e

CONSIDERATION OF A RESOLUTION AWARDING A PROFESSIONAL CONSULTANT SERVICES AGREEMENT TO PDM CONSULTING, INC. TO PROVIDE CONSTRUCTION INSPECTION SERVICES FOR THE PICO/PRESIDIO DIP REPLACEMENT, CIP PROJECT NO. 13411, IN AN AMOUNT NOT TO EXCEED $109,620, AND AUTHORIZING THE CITY MANAGER TO..body EXECUTE THE AGREEMENT
Fiscal Impact:

The estimated inspection cost of $109,620 is within the available approved budget of $145,000 from the Water Fund Depreciation Reserve, Account Number 052-466-45300-000-13411.

Summary:

Before the City Council is a resolution awarding a professional services agreement to PDM Consulting, Inc., in an amount not to exceed $109,620, for inspection of the Pico/Presidio DIP Replacement project (Attachment 1).

Background:

The waterline and appurtenances in the
Gateway Village Plaza parking lot at 806
Avenida Pico have met their useful life and need
replacement. The project includes replacing
water meters, fire hydrants, backflow devices,
and 2,000 linear feet of new PVC water main.

Due to the proximity of the high school and
commercial businesses, the project will be
constructed generally as night work to minimize
disruptions to local businesses and interactions
with the public. The construction contract for this
project was awarded at the November 6, 2024
City Council meeting, and work is proposed to
start near the end of January 2025.

Discussion:

Staff initiated requests for proposals (RFP) to five firms on November 15, 2024, to perform Professional Construction Inspection Services for the Pico / Presidio DIP Replacement project (Attachment 2). No local consultants were available to bid on this particular scope of work. The 264
Meeting Date: January 14, 2025 Agenda Item: 11I.

CITY OF SAN CLEMENTE 2
City received three proposals from qualified professional consultants on December 9, 2024, as shown on Table 1 below.

Table 1. Proposal Summary
Company Name Company Location Amount
PdM Consulting Oceanside, CA $109,620
Dudek San Marcos, CA $115,200
Lee+Ro City of Industry, CA $169,572
City staff reviewed the submittals (none of which were from local companies) at length and determined that PdM Consulting, Inc. (with a principal place of business in California in the City of Oceanside) provided the best approach and has the best team for the Pico / Presidio DIP Replacement Project. Fee proposals ranged from $109,620 to $169,572.

Council Options:
 Adopt Resolution No. 25-08 (Attachment 1), awarding a Professional Consultant Services Agreement to PDM Consultant, Inc. in an amount not to exceed $109,620 and authorize the City Manager to execute the agreement.
 Modify and adopt Resolution 25-08.
 Continue the item and direct staff to provide additional information.  Do not adopt Resolution No. 25-08 and put the project on hold.

Environmental Review/Analysis:

The Pico/Presidio DIP Replacement project was previously determined to be categorically exempt from the California Environmental Quality Act (CEQA) under Class 2 of the state CEQA Guidelines Section 15302 (14 CCR Section 15302, Replacement or Reconstruction).

Recommended Actions:

Staff recommends that the City Council adopt Resolution No. 25-08, which will:
..recommendation

1. Award a Professional Consultant Services Agreement to PDM Consulting, Inc. for inspection of the Pico/Presidio DIP Replacement project; and

2. Authorize the City Manager to execute a Professional Consultant Services Agreement with PDM Consulting, Inc. in an amount not to exceed $109,620. ..recommendation
..end
Attachment:

1. Resolution No. 25-08

2. Professional Consultant Services Agreement with PDM Consultant, Inc.

Notification:

All Bidders.
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Attachment 1
RESOLUTION NO. 25-08

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, AWARDING A

PROFESSIONAL CONSULTANT SERVICES
AGREEMENT TO PDM CONSULTING, INC. TO PROVIDE

CONSTRUCTION INSPECTION SERVICES FOR THE
PICO/PRESIDIO DIP REPLACEMENT, CIP PROJECT NO.
13411, IN AN AMOUNT NOT TO EXCEED $109,620, AND

AUTHORIZING THE CITY MANAGER TO EXECUTE THE

AGREEMENT
WHEREAS, on November 15, 2024, the Engineering Division solicited proposals from five qualified firms to provide engineering inspection services for the Pico / Presidio DIP Replacement, CIP Project No. 13411; and
WHEREAS, on December 9, 2024, the City of San Clemente received three (3) proposals from qualified firms PdM Consulting, Inc., Dudek and Lee +Ro; and WHEREAS, City staff reviewed the submitted proposals and determined PdM Consulting, Inc. provided the best approach and team for the Pico / Presidio DIP Replacement Project and its fee is fair and reasonable.

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

Section 1. 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 PdM Consulting, Inc. for engineering inspection services for the Pico / Presidio DIP Replacement Project, CIP Project No. 13411.

Section 3. The City Manager is authorized and directed to execute said Agreement in an amount not to exceed $109,620 in a form substantially similar to that presented to the City Council on January 14, 2025.

Section 4. City staff is authorized and directed to execute such other documents and take such other and further actions as are necessary and proper to accomplish the purposes of this resolution.

Section 5. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

PASSED AND ADOPTED this day of , 2025.
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Resolution No. 25-08 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. 25-08 was adopted at a regular meeting of the City Council of the City of San Clemente held on the day of ,
, by the following vote:

AYES:

NOES:

ABSENT:

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

CITY CLERK of the City of
San Clemente, California
Approved as to form:

Elizabeth A. Mitchell, City Attorney
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Attachment 2

CITY OF SAN CLEMENTE

PROFESSIONAL CONSULTANT SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into this _____ day of ________, 20___, by and between the City of San Clemente, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 910 Calle Negocio, San Clemente, California, 92673 ("City") and PDM Consulting, Inc., a California corporation, with its principal place of business at 4678 Adra Way, Oceanside, California 92056 ("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 Construction Inspection 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 Construction Inspection 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 Construction Inspection consulting services for the Pico/Presidio DIP Replacement project ("Project") as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional Construction Inspection 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 January 14, 2025, to January 20, 2026, or until the Services are completed to the City’s satisfaction, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.

3.2 Responsibilities of Consultant.

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

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 268
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behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control, the City being only concerned with the finished results of the work being performed. Neither City, nor any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be solely responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Neither Consultant nor Consultant's employees shall in any event be entitled to any benefits to which City employees are entitled, including, but not limited to, overtime, retirement benefits, workers’ compensation benefits, injury leave or other leave benefits. Consultant is solely responsible for all such matters, as well as compliance with social security and income tax withholding and all other regulations and laws governing such matters.

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

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

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

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

3.2.6 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should 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 269
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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: Pieter de Monchy.

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

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

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

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

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

3.2.11 Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting 270
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the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If Consultant performs any work knowing it to be contrary to such laws, rules and regulations, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees, agents, and volunteers free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

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

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

3.3 Fees and Payments.

3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "D" attached hereto and incorporated herein by reference. The total compensation shall not exceed One Hundred Nine Thousand Six Hundred Twenty Dollars ($109,620) without prior written approval of the City Council or City Manager as applicable. Extra Work may be previously authorized in writing, 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 previously authorized in writing by City, or included in Exhibit "D" of this Agreement.

3.3.4 Extra Work. At any time during the term of this Agreement, City may 271
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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 prior 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: PDM Consulting, Inc.
4678 Adra Way
Oceanside, CA 92056
ATTN: Pieter de Monchy
City: City of San Clemente
910 Calle Negocio
San Clemente, CA 92673
ATTN: Laura Campagnolo, City Clerk / Shawn Ryan,
Deputy Public Works Director
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 273
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City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk.

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

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

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

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

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

3.5.6 Indemnification.

3.5.6.1 To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any 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 274
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any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.

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

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

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

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

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

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

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

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

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

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

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

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

3.5.19 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City, state and federal grant requirements and related programs, policies and 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.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed on the respective dates set forth opposite of their signatures.

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

PDM Consulting, Inc.,
a California corporation
(“CONSULTANT”)
By:____________________________
Engel Pieter de Monchy,
CEO/Secretary/CFO
Dated: __________________, 20____
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EXHIBIT "A"

SCOPE OF SERVICES
Consultant shall perform the following services for the City (collectively, the “Services”) to the City’s satisfaction:
 Consultant shall review and advise the City on the Project contractor’s proposed traffic control methods.
 Consultant shall perform the following Construction Inspection services (700 Hours):

1. Consultant shall attend and participate in the Pre-Construction meeting at the date, time and location as determined by the City.

2. Consultant shall prepare pre-construction video or photo log and review Contractor’s pre-construction video, if required by Project Specifications

3. Consultant shall assist with the review of the Contractor’s proposed schedule and provide comments to the City.

4. Consultant shall perform daily inspection of the Contractor’s work, note any issues or challenges, and discuss with Contractor and City as appropriate.

5. Consultant shall prepare Daily Inspection Reports and Photo Logs and submit to City for review.

6. Consultant shall attend Contractor’s daily ‘tailgate’ meetings as often as possible and review critical safety issues.

7. Consultant shall attend all Construction Progress Meetings and follow up or coordinate a solution for any inspection issues or challenges presented.

8. Consultant shall monitor Contractor’s safety measures daily, report any anomalies to the City, and assist with solution and follow up.

9. Consultant shall assist City in review of Contractor’s invoices by confirmed construction progress, including preparation of Q or Quantity sheets

10. At each monthly pay period, Consultant shall request review of the Contractor’s current As-Builts status for continuous tracking

11. Consultant shall monitor access, parking and pedestrian and vehicular movement, staging areas.

12. Consultant shall assist with Project signage as needed.

13. Consultant shall prepare Project Close Out documentation and procedures.  Consultant shall provide the following deliverables:
o Consultant shall prepare and provide the City with all final project inspection documentation (photos, videos, logs, etc.)
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EXHIBIT "B"

SCHEDULE OF SERVICES
Consultant shall diligently perform the services to the City’s satisfaction and according to the following project schedule after issuance by the City of a Notice to Proceed:

Pre-Construction meeting Tuesday, February 11, 2025
Daily Inspections (Night and Daytime) Monday, February 17, 2025- Thursday, June 16, 2025
Public Tie-ins to Pico Boulevard water main Tuesday, June 17-19, 2025 Delivery of Completion Docs Friday, June 27, 2025
The above project schedule may be modified by the City. 279
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EXHIBIT “C”

INSURANCE REQUIREMENTS

3.2.12 Insurance.

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

3.2.12.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Consultant, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so.
(A) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 0001, or the exact equivalent, with limits of not less than $1,000,000 per occurrence and no less than $2,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); or (3) containing any other exclusion(s) contrary to the terms or purposes of this Agreement. (B) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering "Any Auto" (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $1,000,000 combined limit for each occurrence. (C) Workers' Compensation: Workers' Compensation
Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease. (D) Professional Liability (Errors & Omissions): Professional Liability insurance or Errors & Omissions insurance appropriate to Consultant’s profession with limits of not less than $1,000,000 per claim. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least three (3) years from termination or expiration of this Agreement. (E) Cyber Liability Insurance with limits not less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Contractor in this agreement and shall include, but not be limited to, claims involving security breach, system failure, data recovery, 280
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business interruption, cyber extortion, social engineering, infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, and alteration of electronic information. The policy shall provide coverage for breach response costs, regulatory fines and penalties as well as credit monitoring expenses.

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

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

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

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

3.2.12.6 Primary and Non-Contributing Insurance. All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other 281
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insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.

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

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

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

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

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

3.2.12.12 Enforcement of Agreement Provisions (non estoppel).

Consultant acknowledges and agrees that actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligation on the City nor does it waive any rights hereunder.
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3.2.12.13 Requirements Not Limiting. Requirement of specific coverage or minimum limits contained in this Appendix are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance.

3.2.12.14 Insurance for Subconsultants. Consultant shall include all subconsultants engaged in any work for Consultant relating to this Agreement as additional insureds under the Consultant's policies, or the Consultant shall be responsible for causing subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City, its officials, officers, employees, agents, and volunteers as additional insureds to the subconsultant's policies. All policies of Commercial General Liability insurance provided by Consultant’s subconsultants performing work relating to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and volunteers as additional insureds using endorsement form ISO CG 20 38 04 13 or an endorsement providing equivalent coverage. Consultant shall not allow any subconsultant to commence work on any subcontract relating to this Agreement until it has received satisfactory evidence of subconsultant’s compliance with all insurance requirements under this Agreement, to the extent applicable. The Consultant shall provide satisfactory evidence of compliance with this section upon request of the City.
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EXHIBIT “D”

COMPENSATION
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:

Day Work: $136.50 / Hour
Night Work: $156.60 / Hour
Estimated (Combined Daytime and Nighttime) Hours 700 hours: $109,620 Maximum compensation under this Agreement shall not exceed $109,620. There are no reimbursable expenses under this Agreement.
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WORKER’S COMPENSATION INSURANCE CERTIFICATION

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

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

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

WARNING: FAILURE TO SECURE WORKERS’ COMPENSATION

COVERAGE IS UNLAWFUL, AND SHALL SUBJECT AN EMPLOYER TO

CRIMINAL PENALTIES AND CIVIL FINES UP TO ONE HUNDRED THOUSAND DOLLARS ($100,000), IN ADDITION TO THE COST OF COMPENSATION, DAMAGES AS PROVIDED FOR IN SECTION 3706 OF THE LABOR CODE, INTEREST, AND ATTORNEY’S FEES.
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Dated: ________________________, 20____
PDM Consulting, Inc., a
California corporation
(“CONSULTANT”)
By: ________________________________
Engel Pieter de Monchy
________________________________
CEO/Secretary/CFO
________________________________
4678 Adra Way
Oceanside, CA 92056
286
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: January 14, 2025 Agenda Item: 11J.

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

CONSIDERATION OF A RESOLUTION AWARDING THE CONTRACT FOR THE SAN

GORGONIO PARK PLAYGROUND SUBSTRATE SURFACE REPLACEMENT, CIP PROJECT NO. 11148, TO ROBERTSON INDUSTRIES, INC., AUTHORIZING EXECUTION OF THE CONTRACT IN AN AMOUNT NOT TO EXCEED $144,595, APPROVING A 10% PROJECT CONTINGENCY, ACCEPTING A $20,000 DONATION FROM THE FRIENDS OF SAN

CLEMENTE BEACHES, PARKS & RECREATION FOUNDATION AND FINDING THE

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

The estimated construction cost of $144,595 is within the available approved project budget of $150,000 from the Park Asset Replacement Account, and there is a donation of $20,000 from the Friends of San Clemente Beaches, Parks & Recreation Foundation (the “Friends Foundation”).

Summary:

In early 2023, the playground at San Gorgonio Park was replaced through the regular park asset replacement schedule. At the time of construction, engineered wood fiber (EWF) was used for the playground surfacing. Based on community feedback, at its December 5, 2023 meeting, the City Council approved the removal of the EWF and replacement with a rubberized surface material.

After a formal competitive bidding process, Robertson Industries, Inc. was the lowest responsive and responsible bidder. This item is before the City Council to award the contract to Robertson, accept the $20,000 donation from the Friends Foundation and make the appropriate findings under the California Environmental Quality Act (“CEQA”).

Background:

Staff searched for local contractors and released a formal Request for Proposal (RFP) on October 10, 2024, via PlanetBids, for the removal and replacement of the playground substrate surfacing at San Gorgonio Park. The project includes the removal of the existing surface and the installation of a new, compliant substrate that meets all safety and accessibility standards.

On November 21, 2024, the following bids were received:

Bidder Bid
Amount
Responsive? Location of Bidder
Robertson Industries, Inc. $144,595 Yes Rancho Cucamonga, CA SpectraTurf $148,171 Yes Corona, CA
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Meeting Date: January 14, 2025 Agenda Item: 11J.

CITY OF SAN CLEMENTE 2
ProTect Turf $135,860 No Orange, CA
Pro Services $150,000 Yes San Diego, CA
Robertson Industries, Inc. was determined to be the lowest responsive and responsible bidder.

The ProTect Turf bid was not responsive because the prosopal excluded several required project items, including but not limited the disposal of soils, security fencing, site prepr and demoltion of existing surface.

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

Staff conducted a review of qualified vendors and found no local vendors within the San Clemente area capable of performing this specialized type of work. The technical requirements for playground substrate installation and removal are highly specific and particular.

Council Options:
 Adopt Resolution No. 25-09, which will award to and authorize the City Manager to execute a construction contract with Robertson Industries, Inc. in an amount not to exceed $144,595; approve a 10% project contingency of $14,495; and find the project categorically exempt from CEQA under Class 2 (Replacement or Reconstruction, 14 CCR Section 15320) of the State CEQA Guidelines.
 Modify and adopt Resolution 25-09.
 Continue the item and direct staff to provide additional information.  Do not adopt Resolution No. 25-09 and determine an alternative way to alter the substrate surfacing or leave the EWF material in place.

Environmental Review/Analysis:

This project is categorically exempt from CEQA under Section 15302, Class 2 (Replacement of Reconstruction of Existing Facilities) of the CEQA Guidelines. This exemption applies as the project involves the replacement of an existing facility on the same site with no significant environmental impact or expansion of use.

Recommended Actions:

Staff Recommendation ..recommendation
Adopt Resolution No. 25-09, which will:

1. Find the San Gorgonio Park Playground Substrate Surface Replacement Project to be categorically exempt from the CEQA under Class 2 (Replacement or Reconstruction, 14 CCR section 15302) of the State CEQA Guidelines;

2. Award a contract to Robertson Industries, Inc., as the lowest responsible and responsive bidder, for all items listed in the scope of work;
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Meeting Date: January 14, 2025 Agenda Item: 11J.

CITY OF SAN CLEMENTE 3

3. Authorize the City Manager to execute Contract No. C25-03 with Robertson Industries, Inc. for the removal and replacement of the San Gorgonio Park Playground Substrate Surfacing in an amount not to exceed $144,595;

4. Approve a 10% construction contingency of $14,495 for this Project; and

5. Accept a $20,000 donation from the Friends of San Clemente Beaches, Parks & Recreation Foundation for this Project.
..end
Attachment:

1. Resolution No. 25-09

2. Contract No. 25-03 (without attachments)
Notification:

All bidders.
289
Attachment 1
RESOLUTION NO. 25-09

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, AWARDING A

CONSTRUCTION CONTRACT TO ROBERTSON
INDUSTRIES, INC. FOR THE SAN GORGONIO PARK

PLAYGROUND SUBSTRATE SURFACE REPLACEMENT,
CIP PROJECT NO. 11148; AUTHORIZING THE CITY

MANAGER TO EXECUTE THE CONSTRUCTION
CONTRACT IN AN AMOUNT NOT TO EXCEED $144,595;
APPROVING A 10% PROJECT CONTINGENCY;
ACCEPTING A $20,000 DONATION FROM THE FRIENDS OF

SAN CLEMENTE BEACHES, PARKS & RECREATION

FOUNDATION, AND FINDING THE PROJECT

CATEGORICALLY EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT UNDER CLASS 2
(REPLACEMENT OR RECONSTRUCTION, 14 CCR
SECTION 15320) OF THE STATE CEQA GUIDELINES
WHEREAS, the existing engineered wood fiber playground substrate surface at San Gorgonio Park has been approved by the City Council for replacement with a rubberized surface material; and
WHEREAS, the City issued a formal Request for Proposal (RFP) the San Gorgonio Park Playground Substrate Surface Replacement, CIP Project No. 11148 (Project) in October 2024 for the removal and replacement of the playground substrate surface, and bids were solicited from qualified contractors; and
WHEREAS, Robertson Industries, Inc. submitted the lowest responsive and responsible bid in the amount of $144,595; and
WHEREAS, staff has determined that no local vendors are qualified to perform the specialized work required for this Project; and
WHEREAS, the Project scope includes the removal of the existing surface and installation of a new playground substrate surface that meets all applicable safety and accessibility standards; and
WHEREAS, the Friends of San Clemente Beaches, Parks & Recreation Foundation has offered a donation of $20,000 to help fund the Project.

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. Based on a review of the record as a whole, this Project is hereby 290
Resolution No. 25-09 Page 2
determined to be categorically exempt from the California Environmental Quality Act (“CEQA”) under Section 15302, Class 2 (Replacement of Reconstruction of Existing Facilities, 14 CCR 15302) of the state CEQA Guidelines because it consists of replacement of existing playground substrate/structure 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 with no significant direct or foreseeable indirect environmental impact.

Section 3. The construction contract for the removal and replacement of the San Gorgonio Park playground substrate surfacing is hereby awarded to Robertson Industries, Inc. as the lowest responsive and responsible bidder.

Section 4. The City Manager is authorized and directed to execute a construction contract with Robertson Industries, Inc. for the removal and replacement of the San Gorgonio Park playground substrate surfacing in an amount not to exceed $144,595 and in a form substantially similar to that presented to the City Council on January 14, 2025.

Section 5. A 10% construction contingency of $14,495 for the Project is hereby approved. The City Manager is authorized to utilize the Project contingency to the extent necessary and proper.

Section 6. With gratitude, the City hereby accepts a donation of $20,000 from the Friends of San Clemente Beaches, Parks & Recreation Foundation for the Project. The Beaches, Parks & Recreation Director is authorized and directed to work with the Friends Foundation on appropriate signage acknowledging the donation.

Section 7. City staff 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 8. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

PASSED AND ADOPTED this _____ day of ____________________, _______.

ATTEST:
___________________________ __________________________
City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California
291
Resolution No. 25-09 Page 3

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 25-09 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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1 CITY OF SAN CLEMENTE

CONSTRUCTION CONTRACT

PLAYGROUND SURFACING REPLACEMENT AT SAN GORGONIO PARK

1. PARTIES AND DATE.

This Contract is made and entered into this ____ day of January, 2025 by and between the City of San Clemente, a public agency of the State of California (“City”) and Robertson Industries, Inc., an Arizona Corporation with its principal place of business at 2140 East Cedar Street, Tempe, AZ 85281 (“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 the removal and replacement of the playground substrate surfacing at San Gorgonio Park 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 Contractors License

2.3 Project. City desires to engage Contractor to render such services for the PLAYGROUND SURFACING REPLACEMENT AT SAN GORGONIO PARK (“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”)
• Insurance Requirements (Exhibit “G”)
• Addenda
• Change Orders executed by the City
Attachment 2
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2 • 2009 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 thirtyfive (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 include a signed affidavit from Contractor stating that, and describing how, the substituted “or equal” 294
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3 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 one year, 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 non-performing 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 One Thousand Dollars ($1,000) 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 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 295
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4 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 below-referenced 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, which includes everything that is reasonably foreseeable related thereto, City agrees to pay Contractor the Total Contract Price of One Hundred Forty-Four Thousand and Five Hundred Sixty-Five Dollars ($144,565.00) (“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 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. 296
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5 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.

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, 297
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6 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 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. 298
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7 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 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 299
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8 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 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 300
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9 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 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 301
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10 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.

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 302
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11 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.

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 303
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12 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.

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 304
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13 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 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 305
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14 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 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 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 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, for any and all legal expenses and costs incurred by each of them in 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.

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 306
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15 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 Californiaadmitted 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, 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 307
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16 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.

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. 308
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17 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 thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows:

CONTRACTOR:

Robertson Industries, Inc.
2140 East Cedar Street
Tempe, AZ 85281
Attn: Vince Brantley, Sales Representative
CITY:

City of San Clemente
100 N Calle Seville
San Clemente, CA 92672
Attn: Samantha Wylie, Beaches, Parks & Recreation Director City of San Clemente
910 Calle Negocio
San Clemente, CA 92673
Attn: Laura Campagnolo, City Clerk
309
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18 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 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 310
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19 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. [SIGNATURES ON NEXT PAGE]
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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

ROBERTSON INDUSTRIES,
INC., an Arizona corporation
(“CONTRACTOR”)

By:_____________________________
Thomas Discipio, CEO
Dated: __________________, 2025
By:_____________________________
William Stafford, CFO
Dated: __________________, 2025
312
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21 EXHIBIT “A”

SERVICES / SCHEDULE
Continued on next page.
313
ROBERTSON INDUSTRIES, INC.

Corporate Office: 2140 East Cedar Street • Tempe, AZ 85281 Toll Free: (800) 858.0519 • Fax: (602) 340-0402
www.totturf.com
Description of Scope of Work:
• Provide Temp Fencing for duration of project.
• Remove and dispose of existing EWF materials.
• Remove and dispose of the existing ADA Concrete Ramp
• Furnish, install and properly compact an aggregate subbase for a new PIP surfacing installation • Furnish and install new IPEMA Certified PIP Rubberized Safety Surfacing per ADA, ASTM and IPEMA Standards.
• Approx 6,000 Total SF (4600 SF at 8’ / 1400 SF at 4’) • Color to be 50% Std. EPDM TBD mixed with 50% Black - Aromatic • Includes a Basic 3-Color(s) Design – TBD - Although Not Required • Includes a 5-Year Warranty
TOTAL COST: $144,595
Other Notes:

I. Addendums 1-3 are acknowledged.

II. Additional Options available via change order(s):
a. Less Black in color mix
b. Extensive design work
c. Tot Turf Advantage under Slide Exits and Swing Bays
d. Upgrade the Urethane to Aliphatic
314
Proposal # 23-38886
Robertson Industries, Inc.
2140 E. Cedar Street
Tempe, AZ 85281
(800) 858-0519
FAX: (602) 340-0402
www.totturf.com
Date Issued: 11/19/2024
Project Name: San Gorgonio Park - City of San Clemente
Address: 400 Linda Ln, San Clemente, CA 92672
Contact: Steve Fritzsch
Phone: +19492459292
Email: [email protected]
Sales Representative
Name: Vince Brantley
Phone: +17149048219
Email: [email protected]
PRICE EXPIRES: 02/18/2025

PRODUCT NAME DESCRIPTION QTY
UNIT
PRICE
TOTAL
Site Prep Opt. 1 - Site Prep Work per below 1 $40,850 $40,850.00 TotTurf Poured in Place Safety
Surfacing
Opt. 1 - Install IPEMA Certified Poured in Place Safety Surfacing
1 $103,745 $103,745
GRAND TOTAL $144,595
CONTRACT TYPE: Regular WAGE TYPE: State Prevailing UNION: No CA GRANT: No DETAILED SCOPE:

CA DIR Registration # 1000002700 - CA Contractors Lic. #667261 C/61 - D/12 PRICE BASED ON:

Prevailing Wages and apprenticeship requirements when applicable.

There are NO Union or Labor Agreements requirements included in our proposal. (add 15% if required) Performance and/or Payment Bonds are Not Included (add 2% if required) Proposal based on drawings, details and specifications provided by customer Includes addendum(s) 1-3

PROJECT OVERVIEW
Replace EWF with PIP Rubber Surfacing
Over Entire Playground
Approx 6000 Total SF (4600 SF at 8’ / 1400 SF at 4’)
50/50 Std. EPDM and Black Aromatic
3 color basic design
Includes a 5-Year Warranty
Customer responsible for securing the area which includes 72 hours of curing time.

EXCLUSIONS:

Curbing/Borders, Drainage and Equipment Installation
Temp Fencing and overnight Security unless noted above
HIC/Gmax Testing
INSTALLATION NOTES:

Material ordering lead time is 8-12 weeks for premium colors Typical Scheduling Lead Time is 3-4 Weeks
Staging and Access to be within 100 LF and no stairs unless noted above COMMENTS:

SECURITY:
315
SIGNATURE: DATE:

Printed Name: Title:

Company Name:

Address:

BILLING Contact Name:

BILLING Email: Phone: Fax:

Issue all POs, Contracts, and payments to ROBERTSON INDUSTRIES, INC.

Send ALL completed forms back to your Sales Representative:

Vince Brantley: [email protected]
CLICK HERE TO PAY WITH A CREDIT CARD: PAY NOW!
Proposal # 23-38886
TERMS & CONDITIONS:

1. Quote is based on the information provided here within and is subject to change based on final installation unless otherwise indicated in writing.

Any changes or additions to this proposal will affect pricing.

2. Changes to the proposed scope not agreed to here within or separately in writing may result in additional charges (change order). Work cannot commence until Change Order(s) are fully executed.

3. ANY additional site work not included here within, including sub base, is the responsibility of the owner.

4. Job site access must be at a maximum of 25' for trucks and mixer, with no stairs. Irrigation, sprinkler, and/or water systems must be shut off 24 hours before install and remain off until 24 hours after the installation has completed.

5. Charges for downtime/stand-by may be assessed in the event that installation is delayed due to the site not being ready as scheduled or if installation is interrupted for reasons other than those related to weather or general public emergencies.

6. Security during install and upon completion is the responsibility of the owner, unless specified otherwise in Project Scope.

7. Excess material at the job site upon completion is property of Robertson Industries, Inc., unless otherwise noted here within.

8. Installations scheduled after 90 days of proposal acceptance may be subject to price adjustments.

9. Scheduling and crew deployment is subject to local weather conditions.

10. Warranty will NOT be issued unless "Completion Sheet" is signed.

11. All projects over $2,500.00 will be issued a preliminary lien.

Force Majeure: No Party to this Agreement shall be responsible for any delays or failure to perform any obligation under this Agreement due to acts of God, outbreaks, epidemic/pandemic or the spreading of disease or contagion strikes or other disturbances, including, without limitation, war, insurrection, embargoes, governmental restrictions, acts of governments or governmental authorities, and any other cause beyond the control of such party. During an event of force majeure, the Parties' duty to perform obligations shall be suspended.

PROPOSAL ACCEPTANCE: I agree to the scope and details as provided for the above mentioned proposal as well as the terms outlined in this agreement. I am duly authorized to approve and accept this proposal as stated.

CONTRACT to follow PURCHASE ORDER to follow ACCEPT THIS AS OUR AGREEMENT PAYMENT TERMS:

Payment is due upon receipt, and payment may be made via Check, ACH or Credit Card. Customers requesting credit terms may be required to submit a credit application and/or a deposit. Credit applications can be obtained from your sales representative. If credit terms are extended, payment terms are due Net 30 days from date of invoice.

Please attach a copy of your TAX EXEMPT CERTIFICATE if you or your company is claiming tax exemption.

TOTAL PURCHASE AMOUNT: $144,595
Scheduling/Site Contact: Steve
Phone: +19492459292 Email: [email protected]
Estimated Install Date:

Dec

INITIALS
316
Robertson Industries, Inc: 2140 East Cedar Street, Tempe, AZ 85281 ~ (800) 858-0519, FX: (602) 340-0402 AZ: ROC091920, CLASS L-05 ~ CA: 667261, CLASS C/61 D/12 ~ NV: 42331, CLASS C25 C40 CALIFORNIA PWC REGISTRATION NUMBER: 1000002700 (DIR#)
The PlayCore Surfacing Division Includes: Robertson Industries, Inc, Sports Surface Specialties, Rubber Designs and American Recycling Center
317
EXHIBIT “B”

PLANS AND SPECIFICATIONS
Continued on next page.
318
12/2022
SECTION 32 18 16.13

PLAYGROUND RESILIENT SURFACING

TOTTURF POURED IN PLACE (PIP) EPDM
PART 1 - GENERAL

1.01 WORK SCOPE
A. Furnish labor, material, and equipment necessary to install the poured-in-place, resilient surfacing system as shown on the drawings and specified herein. a. Work shall include, but not be limited to the following: layout; excavation; backfill; furnishing and installing of base material; furnishing and installing of poured-inplace, resilient surfacing and all other incidental work to provide a complete resilient surfacing system.
b. Poured in place playground surfacing shall consist of a polyurethane binder mixed with recycled rubber, which will make up the attenuation cushion layer. The attenuation cushion layer is capped with EPDM granules, mixed with a polyurethane binder creating the Wear Course.
c. Surfaces shall comply with ADA and CPSC guidelines as well as ASTM Standards.

Manufacturer is to be certified by IPEMA, a third-party testing organization for playground surfaces and equipment.

1.02 PERFORMANCE REQUIREMENTS
A. Area Safety: Poured in place within playground use zones shall meet or exceed the performance requirements of the CPSC, ADA and Fall Height Test ASTM F1292-18.

The surface must yield both a peak deceleration of no more than 200 G-max and a Head Injury Criteria (HIC) value of no more than 1,000 for a head-first fall from the highest accessible portion of play equipment being installed as shown on drawings.

IPEMA certification is required. (ASTM F1292-18, section 15 The laboratory test used to determine critical fall height shall have been conducted on surfacing material samples identical in design, materials, components, and thickness and manufactured as the installed playground surface).

Accessibility: NOTE: Children’s outdoor play areas shall be in compliance with the Uniform Federal Accessibility Standards (UFAS) FED-STD-795 and the Architectural B.
©2020 Robertson Recreational Surfaces, A PlayCore Company. 800-858-0519 www.totturf.com All rights reserved. All information contained is subject to change without notice. 1 319
12/2022
and Engineer Instructions (9AEI) Design Criteria.

C. The requirements of the Americans with Disabilities Act. Accessibility Guidelines (ADAAG) 28 CFR Part 36 that provide equal or greater accessibility than the requirements of UFAS must also be met in children’s outdoor play areas.

D. Poured in place surfaces intended to serve as accessible paths of travel for persons with disabilities shall be firm, stable and slip resistant, and shall meet the requirements of ASTM F 1951-14 and ASTM F1292-18.

1.03 APPLICABLE STANDARDS
A. ASTM International
B. ASTM D2047- Standard test method for determining the static coefficient of friction of ceramic tile and other like surfaces by the horizontal dynamometer pull meter method.

This standard replaces ASTM C1028.

C. ASTM D412 – Standard test methods for vulcanized rubber and thermoplastic rubbers and thermoplastic elastomers-tension.

D. ASTM D624 - Standard test method for tear strength of conventional vulcanized rubber and thermoplastic elastomers.

E. ASTM D2859 – Standard test method for flammability of finished textile floor covering materials.

F. ASTM E303 – Standard test method for measuring surfacing frictional properties using the British Pendulum tester.

G. ASTM F1292-18 – Standard specification for impact attenuation of surface systems under and around playground equipment.

ASTM F1951 – Standard specification for determination of accessibility of surface systems under and around playground equipment.

H.
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1.04 Poured in place surfaces shall be manufactured and installed by trained, experienced company employees or certified installers who have successfully completed the “Certified Installers Training Program” required by Robertson Industries Inc.

1.05 SUBMITTALS: THE FOLLOWING SHALL BE SUBMITTED
A. The Contractor shall submit a complete set of the material submittals, as required, including manufacturer’s name and address, specific trade names, catalog and model numbers, illustrations and descriptive material, and samples of the proposed material for this project clearly marked as to proposed items for approval by the Owner’s representative.

B. Products submitted as equal must include hard copies of manufactures written specifications, warranty, purchase and use of materials.

C. Manufacturer’s descriptive data and installation instructions.

D. Manufacturer’s details showing depths of wear course and sub-base materials, anchoring systems and edge details.

E. Upon request, a listing of at least five installations where products similar to these proposed for use have been installed and have been in service for a minimum period of three years. The list shall include owner or purchaser, address of installation, date of installation, contact person, and phone number.

F. A signed statement by an authorized official certifying that the surfacing system meets the requirements of ASTM F1292-18, section 15 for a head-first fall from the highest accessible portion of the specified playground equipment.

G. A signed statement from the manufacturer of the poured in place surfacing attesting that all materials under this section shall be installed only by the Manufacturer’s Trained Installers.

A Certificate of Insurance shall be provided by the Manufacturer for poured in place surfacing for use as playground safety surfacing, covering general and product liability, of not less than $1,000,000 for each occurrence, $2,000,000 general aggregate, with an excess/umbrella liability of $25,000,000. The issuing underwrite shall be AA rated.

H.

I. IPEMA Certification mandatory
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1.06 Delivery, Storage and Handling: Materials and equipment shall be delivered and stored in accordance with the manufacturer’s recommendations.

1.07 Project Site Conditions: Poured in Place surfacing must be installed on a dry subsurface, with no prospect of rain within the initial drying period, and within the recommend temperature range of the manufacturer. Installation in weather condition of extreme heat, cold (less than 55°F), and/or high humidity may affect cure time, and the structural integrity of the final product. Immediate surrounding sites must be reasonably free of dust conditions or this could affect the final surface look.

1.08 Sequencing and Scheduling: Poured in Place surfacing shall be installed after all playground equipment, shade structures, signs and any other items that will be within the surfacing area. Coordinate with General Contractor.

1.09 Surface installation coordinated by manufacturer representative.

1.10 Warranty: Poured in Place surface shall maintain required impact attenuation characteristics and be guaranteed against defects in workmanship AND material for a limited five-year period or as specified and agreed upon per alternate contract.

Warranty will be specific to maintenance requirements and performance standards of completed product. Warranty is void if not installed by Manufacturers Trained and Certified Poured in Place Surfacing Installers.

1.11 Testing: NOTE: Critical Fall Height Four feet through 10 feet have been tested in accordance with Section 15 – Critical Fall Height Test Procedure of ASTM F1292-18.

PART 2 – PRODUCTS

2.01 Safety surfacing shall consist of both recycled and synthetic materials meeting the requirements of this specification. The type of safety surfacing shall be Robertson Industries Inc., manufactured and installed by Robertson Industries Inc., or it’s Certified Installers. Telephone: (800) 858-0519.

2.02 PRODUCT SCOPE
A. Poured in Place Surface: The poured in place surface shall consist of recycled rubber mixed with a polyurethane binder, then capped with EPDM granules mixed with an aliphatic binder or aromatic binder.
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B. It shall consist of a uniform material manufactured in such a way that the top portion meets the requirements specified herein for wear surface.

C. The type of safety surfacing shall be a poured-in-place system and shall be indicated on the drawings.

2.03 ATTENUATION CUSHION LAYER SECTION
A. Impact attenuation cushion layer consists of these materials; recycled styrene butadiene rubber (SBR) and/or cryogenic crumb rubber and/or pre consumer postindustrial reclaimed scrap rubber adhered with a 100% solids polyurethane binder to form a resilient porous material.

B. Strands of SBR may vary from 0.5 mm – 2.0 mm in thickness by 3.0 mm – 20 mm in length.

Chunk Premium Black Rubber Granules are 5/8” granules: This rubber is pre-consumer, post-industrial, reclaimed rubber, granulated through a 5/8” screen and contains less than 2% dust.

C.

D. SBR Crumb Rubber (5-9 Mesh) using sieve analysis ASTM D5644 with a fiber content of .1% or less mixed in.

E. Binder shall be between 7-12% of the total weight of the material and shall provide 100 % coating of the particles.

The attenuation cushion layer shall be compatible with the wear course and must meet requirements herein for impact attenuation.

F.

2.04 WEAR COURSE
A. Wear course shall consist of Ethylene Propylene Diene Monomer (EPDM) granules with polyurethane binder formulated to produce an even, uniform, seamless surface.

Installation of surfacing shall be seamless (unless otherwise agreed upon by owner).

B. EPDM shall be peroxide cured with an EPDM content of 26% and shall include a processing aid to prevent hardness with 26% poly content to maintain dynamic testing characteristics, weatherization and UV stability.
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C. ASTM D2240 (Shore A) hardness of 55-65, not less than 26 percent rubber hydrocarbons.

D. Size of EPDM granules shall be 1-4mm across. Binder shall be not less than 20% of total weight of rubber used in the wear surface and shall provide 100% coating of the particles.

E. Thickness of wear course shall be a minimum .5” (12.7 mm).

F. The wear course shall be porous.

2.05 BINDER
A. No Toluene Diphenyl Isocyanate (TDI) shall be used.

B. No filler materials shall be used in urethane such as plasticizers and the catalyzing agent shall contain no heavy metals.

C. Weight of polyurethane shall be no less than 8.5 lbs. /gal (1.02 Kg/1) and no more than

9.5 lbs. /gal (1.14 Kg/1).

D. Manufacturer is permitted to modify the type of urethane required to match extreme weather conditions. Substitutions must be equal to or exceed original quality.

2.06 TOT TURF ADVANTAGE INSERTS
A. Insert – Thermal Plastic Vulcanized angular granules with a (Shore A) hardness of 65° A ± 5 and particle size between .5-1.5 mm shall be used.

B. Thickness of the Insert shall be .5”
C. Insert shall be porous.

D. Aliphatic urethane to be used as a binder.
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E. Location –Insert to be installed under swings, swing bays, slide exits (unless otherwise noted in drawings). Customer to approve location of wear mat inserts.

F. Standard Color .5-1.5mm to be used. Colors include four standard colors: Terra Cotta Red, Blue, Green, and Beige.

G. Size: Swing bay use locations shall have TPV Inserts inclusive of all outside bay structure poles. Singular swings and slide exits shall be 4’x4’x.5” in thickness.

2.07 MATERIALS
A. Wear Course - EPDM Granules
Manufacturers: EPDM Granules
Robertson Industries Inc. (800) 858-0519
Playground Area
As Distributed by:

Location Used:

B. Attenuation cushion layer – Robertson Industries Inc. Shredded and/or Chunk Rubber
As Distributed by:

Location Used:

Robertson Industries Inc. (800) 858-0519
Playground Area
C. Binder – Aromatic VORAMER MR Products
Manufacturer:

As Distributed by:

Location Used:

DOW Chemical
Robertson Industries Inc. (800) 858-0519
Playground Area
D. Binder – Aromatic Urethane Stobielast® S 1020
Manufacturer:

As Distributed by:

Location Used:

Stockmeier Urethanes, USA, Inc.

Robertson Industries, Inc. (800) 858-0519
Playground Area
E. Binder – Aliphatic Urethane Premium, Non-Ambering
Manufacturer:

As Distributed by:

Location Used:

Accella Polyurethane Systems
Robertson Industries Inc. (800) 858-0519
Playground Area
F. Chunk Premium Black Rubber Granules
Manufacturer: American Recycling Center, Inc. (989) 725-5100 655 Wabassee Drive
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Owosso, MI 48867
Robertson Industries Inc. (800) 858-0519
Playground Area
As Distributed by:

Location Used:

PART 3 – EXECUTION

3.01 SITE PREPARATION
A. Finished Grade/Slope: Verify that finished elevations or adjacent areas are as indicated on the architectural or site plans, that the appropriate sub-grade elevation has been established for the safety surface to be installed, and that the subsurface has been installed per architectural, site or equipment plans while meeting accessibility and use zones requirements.

B. Aggregate Sub Base: Tolerance of aggregate sub-base shall be within .5” in depth.

Verify that aggregate sub-base has been fully compacted. Per ADA Guidelines:
compacted Aggregate sub-base – 4” of .75” minus irregular stone with fines compacted to 95% in 2” watered lifts.

C. Concrete Sub-Base: Tolerance of concrete or bituminous sub-base shall be with .125” (3.0 mm) in 10’ (3050 mm). Per ADA Guidelines: Concrete a minimum of 3’ – 4’ at a minimum 2500 PSI. Concrete must cure for 7 days prior to application of attenuation cushion layer. Concrete must cure 21 days if wear course is to be applied directly to concrete surface. If poured in place surfacing is installed, verify that the concrete subbase has cured (all areas appear white in color usually at 7 days) and that all concrete curing compounds and other deleterious substances that might adversely affect adhesion have been removed. Surface shall be clean and dry.

D. Asphalt Sub-Base: Asphalt cure time requires 21-28 days. Once the new asphalt has cured, it must be pressure washed prior to the surfacing being installed. The contractor shall be responsible for flooding the pad to ensure proper slope and tolerance. Any areas holding enough water to cover a flat nickel shall be patched prior to the arrival of our installation crews.

E. Drainage: Verify that sub-surfacing drainage, if required, has been installed to provide positive drainage.
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3.02 INSTALLATION
A. Poured in Place Surfacing: Components of the poured in place surfacing shall be mixed on site in a rotating tumbler to ensure components are thoroughly mixed and are in accordance with manufactures recommendations. Installation of surfacing shall be seamless up to 2,000 square feet per day. Material shall cover all foundations and fill around all elements penetrating the surface.

B. Attenuation Cushion Layer: Whenever practical, attenuation cushion layer of surfacing material shall be installed in one continuous pour on the same day of up to 2,000 square feet. When a second pour is required, step the seam (see detail) and fully coat the step of the previous work with polyurethane binder to ensure 100% bond with new work. Apply adhesive in small quantities so that new attenuation cushion layer can be placed before the adhesive dries.

C. Wear Course: Wear course must be quality peroxide cured EPDM granules. wear surface shall be bonded to attenuation cushion layer. If necessary, additional primer will be used between the attenuation cushion layer and wear course. Apply adhesive to attenuation cushion layer in small quantities allowing the wear course to be applied before adhesive dries. Surface shall be hand troweled to a smooth, even finish. Expect continuous and seamless up to 2,000 square feet per day (contact sales representative for seamless in excess of 2,000 square feet). Where seams are required due to color change, size or adverse weather, a step configuration will be constructed to maintain wear course integrity. The edge of initial pour shall be coated with adhesive and wearing surface mixture shall be immediately applied. Pads with multiple seams are encouraged to include a topcoat of urethane before being placed into use. Butt joint seams are not acceptable except for repairs. Under special conditions and with Owners written approval seams may be permitted in same color pad. Consult with Manufacturer for specific applications.

Perimeter: For installations over existing concrete, the perimeter shall be saw cut to provide a keyway 1” deep x 1” wide, or formed during the pour, with surfacing rolled down into the void. Primer adhesive must be applied to all sides of the void. When connecting to a concrete curb or border, the inside vertical edge shall be primed with adhesive and the final 2” of the attenuation cushion layer shall be tapered to allow the wear surface material to be 1.5”– 2” thick where it joins the concrete.

Asphalt: When installing over new asphalt, a curb or other type of border is recommended around the entire pad to separate the new surface from other ground materials. Primer adhesive must be applied to the inside vertical edge of the border before poured in place surface installation.

D.

E.
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F. Asphalt: When installing over existing asphalt, a keyway cut of 1” deep by 1” side for the poured in place to taper into and terminate with required ADA slope.

G. Thickness: Construction methods such as the use of measured screeds or guides shall be employed to ensure that the full depth of specified surfacing material is installed.

Surfacing system thickness throughout the playground equipment use zone shall be as required to meet the impact attenuation requirements specified herein.

H. Clean Up: Manufacturer installers shall work to minimize excessive adhesive on adjacent surfaces or play equipment. Spills of excess adhesive shall be promptly cleaned.

I. Protection: The safety surface shall be allowed to fully cure in accordance with Manufacturer’s instructions. The surface shall be protected by the owner from all traffic during the curing period of at a minimum of 48 hours or as instructed by the Manufacturer.

J. Manufacturer Services: For poured in place safety surfacing, a Manufacturer’s representative who is experienced in the installation of playground safety surfacing shall be provided. The representative shall supervise the installation to ensure that the system meets the impact attenuation requirements as specified herein.

3.03 SITE AREA CLEAN UP
The site shall be kept clean and free of tools, trash, and debris and installation materials daily. Products may be stored on site during installation with appropriate protective measures and approval by the Owner’s representative.

END OF SECTION
©2020 Robertson Recreational Surfaces, A PlayCore Company. 800-858-0519 www.totturf.com All rights reserved. All information contained is subject to change without notice. 10 328 910 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: January 14, 2025 Agenda Item: 11K.

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

CONSIDERATION OF RESOLUTION AUTHORIZING AN EXEMPTION TO THE FORMAL

SOLICITATION PROCESS FOR THE COOPERATIVE PURCHASE OF SYNTHETIC TURF FROM ASTROTURF CORPORATION IN AN AMOUNT NOT TO EXCEED $932,294 FOR THE

VISTA HERMOSA SPORTS PARK ARTIFICIAL SOCCER FIELD TURF REPLACEMENT, CIP PROJECT NO. 14810, AWARDING AND AUTHORIZING EXECUTION OF THE AGREEMENT,

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

The total amount of the purchase of the artificial turf is not to exceed $932,294, which is within the approved budget of $2,000,000. Upon approval of the materials purchase, staff will issue a formal Notice Inviting Bids to complete the installation utilizing the remaining project fund balance.

Funding for this project is from the Facilities Reserve Fund, Account No. 014-820-45300-000- 14810, which has a current account balance of $2,000,000.

Summary:

The City’s current synthetic turf on the soccer fields at the Vista Hermosa Sports Park is at the end of its service life and needs to be replaced. Before the City Council is Resolution No. 25-10, approving a cooperative purchase exemption to formal bidding requirements, and awarding and authorizing a purchase from AstroTurf Corporation for a new RootZone 3DM 52 Trionic Nylon Thatch (1.5”) synthetic turf product, in an amount not to exceed $932,294 (Attachment 2). The purchase includes a warranty for eight years of service for the turf. 329
Meeting Date: January 14, 2025 Agenda Item: 11K.

CITY OF SAN CLEMENTE 2
Background:

The Vista Hermosa Sports Park synthetic turf soccer fields opened in 2012 and are nearing the end of their service life, which was estimated at ten years at the time of installation. The two soccer fields have approximately 164,000 square feet of synthetic turf requiring replacement. City staff has reviewed and compared several potential turf materials to deploy and is unaware of a local supplier.

Section XI.A.1.4.3(b) of City Purchasing Policy 201-2-1 allows an exemption to the formal competitive bidding process when participating in a cooperative purchasing agreement or program that is in the City’s best interest. The City of San Clemente is a member of Sourcewell, a national purchasing cooperative organization that streamlines the purchasing processes for public schools, municipalities and other governmental agencies. Contracts and vendors that are awarded through Sourcewell are competitively procured following Minnesota law and contract forms. Utilizing a cooperative organization allows the City to save time and resources that would otherwise be spent conducting a formal design and bid process while ensuring that a competitive process was followed, but must use the contract form awarded by Sourcewell. That contract requires that installation be performed by an AstroTurf Certified Installer.

By utilizing the Sourcewell contract, the City will be able to control the replacement turf material and markings, which will ensure improved public safety, material quality, field temperature and the overall experience of the soccer fields. The City will be receiving a six percent discounted price by purchasing directly from the manufacturer under the cooperative agreement through Sourcewell (Attachment 3). AstroTurf was evaluated by City staff and was found to be the best product for sports fields, and it is used in the majority of colleges and professional football fields in this area.

By taking advantage of the cooperative organization, the City gets control over the purchase of materials, allowing the procurement of high quality materials that are designed for improved safety, aesthetics, lower play temperatures, and enhanced maintenance. Upon approval of the purchase of the materials, staff will issue a formal Notice Inviting Bids to complete the installation under the Public Work Contract purchasing requirements, utilizing the remaining project fund balance. By combining two methods of procurement, the City can better control and minimize unnecessary costs and time expenditures. The installation component will be bid in accordance with the City’s purchasing policy and the cooperative contract requirements.

Council Options:
 Adopt Resolution No. 25-10, authorizing an exemption to the formal solicitation process for the purchase of RootZone 3DM from AstroTurf Corporation in an amount not to exceed $932,294, awarding and authorizing the City Manager to execute the agreement, and finding the project categorically exempt from the California Environmental Quality Act (CEQA) under Class 1.  Modify and adopt Resolution No. 25-10.
 Direct staff to conduct its own competitive bidding process for the purchase of the artificial turf.  Provide alternative direction.
330
Meeting Date: January 14, 2025 Agenda Item: 11K.

CITY OF SAN CLEMENTE 3
Environmental Review/Analysis:

This project is categorically exempt from CEQA under Class 1 (Existing Facilities), Section 15301 of the state CEQA Guidelines (14 CCR 15301) because it consists of the repair, maintenance, or minor alteration of existing public or private structures, facilities, or topographical features, involving negligible or no expansion of existing or former use.

Recommended Actions:

Staff recommends that the City Council adopt Resolution No. 25-10, which would:

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

2. Authorize an exemption to formal competitive bidding requirements under Section XI.A.1.4.3(b) of City Purchasing Policy 201-2-1;

3. Award an agreement for the purchase of RootZone 3DM to AstroTurf Corporation for synthetic turf for the soccer fields at Vista Hermosa Sports Park; and

4. Authorize the City Manager to execute an agreement with AstroTurf Corporation under the same terms and conditions as Sourcewell contract No. 031622-AST in an amount not to exceed $932,294.
..recommendation
..end
Attachments:

1. Resolution No. 25-10

2. AstroTurf Corporation Material Cost Quote (12-5-2024)

3. Sourcewell Contract No. 031622-AST
Notification:

AstroTurf Corporation.
331
Attachment 1
4882-9904-3949 v1
RESOLUTION NO. 25-10

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, AUTHORIZING AN

EXEMPTION TO THE FORMAL SOLICITATION PROCESS

FOR THE COOPERATIVE PURCHASE OF SYNTHETIC

TURF FROM ASTROTURF CORPORATION FOR THE LA

PATA VISTA HERMOSA SOCCER FIELD SYNTHETIC
TURF REPLACEMENT, CIP PROJECT NO. 14810,

AWARDING AN AGREEMENT IN AN AMOUNT NOT TO
EXCEED $932,293.84, AUTHORIZING THE CITY

MANAGER TO EXECUTE THE AGREEMENT AND FINDING

THE PROJECT CATEGORICALLY EXEMPT FROM THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
UNDER CLASS 1 (EXISTING FACILITIES), SECTION 15301
OF THE STATE CEQA GUIDELINES (14 CCR 15301)
WHEREAS, the La Pata / Vista Hermosa Sports Park Soccer Fields are reaching the end of their service life and are in need of replacement; and WHEREAS, the proposed purchase will include approximately 162,000 square feet of high-quality turf material to replace the existing soccer field turf; and WHEREAS, by replacing the existing and aged material with new, upgraded materials the fields will continue to be enjoyed by all visitors by improving the fields’ safety, temperature while also reducing maintenance needs; and
WHEREAS, Section XI.A.1.4.3(b) of City Purchasing Policy 201-2-1 allows an exemption to the formal solicitation process when participating in a cooperative purchasing agreement or program that is in the City’s best interest; and WHEREAS, utilizing Sourcewell contract 031622-AST to purchase artificial turf for the soccer fields is in the City’s best interest because the City will realize significant cost and time savings compared to the formal solicitation process, as well as having better material control by purchasing directly from the manufacturer; and WHEREAS, AstroTurf Corporation provided a quote on December 5, 2024 for the replacement materials for both soccer fields in an amount not to exceed $932,294, which includes field markings, an organic infill material, eight (8) years of material warranty.

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 based on a review of the record as a whole, the La Pata Vista Hermosa Soccer Field Synthetic Turf Replacement, CIP Project No. 14810, is hereby 332
Resolution No. 25-10 Page 2
4882-9904-3949 v1
determined to be categorically exempt from the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities), Section 15301 of the state CEQA Guidelines (14 CCR 15301) because it consists of the repair, maintenance, or minor alteration of existing public or private structures, facilities, or topographical features, involving negligible or no expansion of existing or former use, and there is no substantial probability of a direct or foreseeable indirect effect on the environment.

SECTION 3. That an exemption from the formal competitive bidding requirements is hereby authorized under Section XI.A.1.4.3(b) of City Purchasing Policy 201-2-1 for the purchase of artificial turf for CIP Project No. 14810.

SECTION 4. That an agreement for the purchase of approximately 162,000 square feet of synthetic turf for the soccer fields at Vista Hermosa Sports Park is hereby awarded to AstroTurf Corporation.

SECTION 5. That the City Manager is hereby authorized and directed to execute an agreement for the purchase of approximately 162,000 square feet of synthetic turf from AstroTurf Corporation as described in the quote dated December 5, 2024, under substantially the same terms and conditions as Sourcewell contract #031622-AST, in an amount not to exceed $932,293.84.

SECTION 6. That City staff is hereby authorized and directed to execute such other documents and take such other and further actions as are necessary and proper to accomplish the purposes of this resolution.

SECTION 7. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

PASSED AND ADOPTED this _____ day of ____________________, 2025.

ATTEST:
___________________________ __________________________
City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California
333
Resolution No. 25-10 Page 3
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. 25-10 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
334
2680 Abutment Rd, Dalton, GA 30721
TF (800) 723 – TURF (8873) [email protected]
Date: December 5, 2024
Project: Vista Hermosa Soccer Fields
Location: San Clemente, CA
Sourcewell: 031622-AST
AstroTurf Corporation appreciates the opportunity to provide you with a Material only proposal via the AstroTurf Sourcewell Contract # 031622-AST. This materials only proposal covers the synthetic turf and materials necessary to be installed at Vista Hermosa Sports park (Soccer/Rugby fields) Field 1:

Rootzone 3DM 52 Trionic Nylon Thatch (1.5”) approx 81,761 SF $466,146.92 Field 2:

Rootzone 3DM 52 Trionic Nylon Thatch (1.5”) approx 81,761 SF $466,146.92 GRAND TOTAL: $932,293.84
Synthetic Turf Inclusions
• Samples, submittal information, and shop drawings as required • Inlaid markings for the sport of Soccer (per field)
• Inlaid markings for the sport of Rugby (per field)
• Midfield Logo (per field)
• Sideline Lettering “SAN CLEMENTE/SAN CLEMENTE” (per field) • Brockfill organic cooling infill
• Silica Sand infill
• Brock Powerbase for repairs (8,000 SF) (matches existing shock pad) • AstroFusion adhesive
• Seam Tape
• Freight
• Payment & Performance Bonds
• Sales Tax
• AstroTurf’s (8) Year Material Only Warranty
Exclusions:
• Installation or Labor *NOTE: Installation must be performed by an AstroTurf Certified Installer* • Demo/disposal/grading of existing turf field
• Unforeseen soil conditions
• Any mass excavation, sitework, construction entrance and/or maintenance, or work outside of field areas other than what is stated in scope.
• Any survey, layout, certification, testing, or inspection costs, other than those associated with visual base inspection
• Any sports equipment/maintenance equipment not stated in scope • Fencing, lighting or irrigation repairs.
• ANYTHING NOT SPECIFICALLY STATED ABOVE IN THE INCLUSIONS Attachment 2
335
2680 Abutment Rd, Dalton, GA 30721
TF (800) 723 – TURF (8873) [email protected]
Installations:

The installation of the AstroTurf Products shall only be performed by AstroTurf Certified installers. The Client agrees to provide all necessary uninterrupted access and suitable staging area to the site for the purposes of installation, and inspection for representatives of the Supplier. All lighting and electrical supply must be operational during the installation process.

The Supplier shall not be responsible for any acts of violence or vandalism. The Client holds the Supplier harmless and indemnifies the Supplier from vandalism and acts of violence regarding the present project.

The Client understands that it is to its benefit and therefore undertakes to accept and store for the length of the warranty period, the remaining synthetic turf left over from the project in case of need.

Estimated By: Submitted By:

Melissa Cochran Pat Cassa
[email protected] [email protected]
706.217.5882 714-318-0763
**AstroTurf Corporation is only bound to the price, scope, schedule, and conditions of this proposal. AstroTurf Corporation reserves the right to revise this proposal prior to issuing a final, binding contract in the event the scope of the subject project changes and/or market conditions affect material or freight cost. AstroTurf Corporation expressly excludes any liquidated or actual damages or material price increase caused by industry wide shortages in materials or labor. Furthermore, this proposal contains confidential and proprietary information of AstroTurf Corporation and should not be shared with any 3rd parties other than representatives or advisors retained by you.

This proposal is valid for a period of 30 days, at which point in time material and freight costs may be re-calculated and are subject to change. Thank you for the opportunity to provide this proposal. We look forward to working with you!
**Deposit and Payment terms based on credit worthiness of the customer** **Payments via credit card will incur a 3% fee**
Our proposal is submitted based on our assumption that all owner-approved net payments will be received within (30) days of the approval date, and that final payment will be released to us within (30) days of the delivery of all materials to the project site.
336
031622-AST
Rev. 3/2021 1
Solicitation Number: RFP #031622

CONTRACT
This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and AstroTurf Corporation, 2680 Abutment Road SE, Dalton, GA 30721 (Supplier).

Sourcewell is a State of Minnesota local government unit and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to eligible federal, state/province, and municipal governmental entities, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada.

Sourcewell issued a public solicitation for Artificial Turf and Tracks with Installation, Related Equipment, Materials, and Supplies from which Supplier was awarded a contract.

Supplier desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and the entities that access Sourcewell’s cooperative purchasing contracts (Participating Entities).

1. TERM OF CONTRACT
A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below.

B. EXPIRATION DATE AND EXTENSION. This Contract expires May 26, 2026, unless it is cancelled sooner pursuant to Article 22. This Contract may be extended one additional year upon the request of Sourcewell and written agreement by Supplier.

C. SURVIVAL OF TERMS. Notwithstanding any expiration or termination of this Contract, all payment obligations incurred prior to expiration or termination will survive, as will the following: Articles 11 through 14 survive the expiration or cancellation of this Contract. All other rights will cease upon expiration or termination of this Contract.

2. EQUIPMENT, PRODUCTS, OR SERVICES
A. EQUIPMENT, PRODUCTS, OR SERVICES. Supplier will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above. 













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Supplier’s Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract.

All Equipment and Products provided under this Contract must be new and the current model.

Supplier may offer close-out or refurbished Equipment or Products if they are clearly indicated in Supplier’s product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity’s site.

This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed.

B. WARRANTY. Supplier warrants that all Equipment, Products, and Services furnished are free from liens and encumbrances, and are free from defects in design, materials, and workmanship.

In addition, Supplier warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use for which they are intended. Supplier’s dealers and distributors must agree to assist the Participating Entity in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer’s warranty that extends beyond the expiration of the Supplier’s warranty will be passed on to the Participating Entity.

C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution and throughout the Contract term, Supplier must provide to Sourcewell a current means to validate or authenticate Supplier’s authorized dealers, distributors, or resellers relative to the Equipment, Products, and Services offered under this Contract, which will be incorporated into this Contract by reference. It is the Supplier’s responsibility to ensure Sourcewell receives the most current information.

3. PRICING
All Equipment, Products, or Services under this Contract will be priced at or below the price stated in Supplier’s Proposal.

When providing pricing quotes to Participating Entities, all pricing quoted must reflect a Participating Entity’s total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Participating Entity’s requested delivery location.

Regardless of the payment method chosen by the Participating Entity, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Participating Entity at the time of purchase.

A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Supplier must permit the Equipment and Products to be 














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returned within a reasonable time at no cost to Sourcewell or its Participating Entities.

Participating Entities reserve the right to inspect the Equipment and Products at a reasonable time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Supplier as soon as possible and the Supplier will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Participating Entity.

Supplier must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition.

Sourcewell may declare the Supplier in breach of this Contract if the Supplier intentionally delivers substandard or inferior Equipment or Products.

B. SALES TAX. Each Participating Entity is responsible for supplying the Supplier with valid taxexemption certification(s). When ordering, a Participating Entity must indicate if it is a taxexempt entity.

C. HOT LIST PRICING. At any time during this Contract, Supplier may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract.

When Supplier determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below.

Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Participating Entities.

4. PRODUCT AND PRICING CHANGE REQUESTS
Supplier may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Supplier Development Administrator. This approved form is available from the assigned Sourcewell Supplier Development Administrator.

At a minimum, the request must:
x Identify the applicable Sourcewell contract number;
x Clearly specify the requested change;
x Provide sufficient detail to justify the requested change; 














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x Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and x Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged.

A fully executed Sourcewell Price and Product Change Request Form will become an amendment to this Contract and will be incorporated by reference.

5. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS

A. PARTICIPATION. Sourcewell’s cooperative contracts are available and open to public and nonprofit entities across the United States and Canada; such as federal, state/province, municipal, K-12 and higher education, tribal government, and other public entities.

The benefits of this Contract should be available to all Participating Entities that can legally access the Equipment, Products, or Services under this Contract. A Participating Entity’s authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Supplier understands that a Participating Entity’s use of this Contract is at the Participating Entity’s sole convenience and Participating Entities reserve the right to obtain like Equipment, Products, or Services from any other source.

Supplier is responsible for familiarizing its sales and service forces with Sourcewell contract use eligibility requirements and documentation and will encourage potential participating entities to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its roster during the term of this Contract.

B. PUBLIC FACILITIES. Supplier’s employees may be required to perform work at governmentowned facilities, including schools. Supplier’s employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Participating Entity policies and procedures, and all applicable laws.

6. PARTICIPATING ENTITY USE AND PURCHASING
A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, a Participating Entity must clearly indicate to Supplier that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Supplier. Typically, a Participating Entity will issue an order directly to Supplier or its authorized subsidiary, distributor, dealer, or reseller. If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell 














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contract number. All Participating Entity orders under this Contract must be issued prior to expiration or cancellation of this Contract; however, Supplier performance, Participating Entity payment obligations, and any applicable warranty periods or other Supplier or Participating Entity obligations may extend beyond the term of this Contract.

Supplier’s acceptable forms of payment are included in its attached Proposal. Participating Entities will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Participating Entity.

B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and conditions to a purchase order, or other required transaction documentation, may be negotiated between a Participating Entity and Supplier, such as job or industry-specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. Some Participating Entities may require the use of a Participating Addendum; the terms of which will be negotiated directly between the Participating Entity and the Supplier. Any negotiated additional terms and conditions must never be less favorable to the Participating Entity than what is contained in this Contract.

C. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires service or specialized performance requirements not addressed in this Contract (such as ecommerce specifications, specialized delivery requirements, or other specifications and requirements), the Participating Entity and the Supplier may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement.

D. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or in part, immediately upon notice to Supplier in the event of any of the following:

1. The Participating Entity fails to receive funding or appropriation from its governing body at levels sufficient to pay for the equipment, products, or services to be purchased; or

2. Federal, state, or provincial laws or regulations prohibit the purchase or change the Participating Entity’s requirements.

E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Participating Entity’s order will be determined by the Participating Entity making the purchase.

7. CUSTOMER SERVICE
A. PRIMARY ACCOUNT REPRESENTATIVE. Supplier will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for:
















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x Maintenance and management of this Contract;
x Timely response to all Sourcewell and Participating Entity inquiries; and x Business reviews to Sourcewell and Participating Entities, if applicable.

B. BUSINESS REVIEWS. Supplier must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, sales data reports, supply issues, customer issues, and any other necessary information.

8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Supplier must provide a contract sales activity report (Report) to the Sourcewell Supplier Development Administrator assigned to this Contract. Reports are due no later than 45 days after the end of each calendar quarter. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Supplier must submit a report indicating no sales were made).

The Report must contain the following fields:
x Participating Entity Name (e.g., City of Staples Highway Department); x Participating Entity Physical Street Address;
x Participating Entity City;
x Participating Entity State/Province;
x Participating Entity Zip/Postal Code;
x Participating Entity Contact Name;
x Participating Entity Contact Email Address;
x Participating Entity Contact Telephone Number;
x Sourcewell Assigned Entity/Participating Entity Number; x Item Purchased Description;
x Item Purchased Price;
x Sourcewell Administrative Fee Applied; and
x Date Purchase was invoiced/sale was recognized as revenue by Supplier.

B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Supplier will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Participating Entities. The Administrative Fee must be included in, and not added to, the pricing. Supplier may not charge Participating Entities more than the contracted price to offset the Administrative Fee.

The Supplier will submit payment to Sourcewell for the percentage of administrative fee stated in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased 














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by Participating Entities under this Contract during each calendar quarter. Payments should note the Supplier’s name and Sourcewell-assigned contract number in the memo; and must be mailed to the address above “Attn: Accounts Receivable” or remitted electronically to Sourcewell’s banking institution per Sourcewell’s Finance department instructions. Payments must be received no later than 45 calendar days after the end of each calendar quarter.

Supplier agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract.

In the event the Supplier is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Supplier in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract’s expiration date, the administrative fee payment will be due no more than 30 days from the cancellation date.

9. AUTHORIZED REPRESENTATIVE
Sourcewell's Authorized Representative is its Chief Procurement Officer.

Supplier’s Authorized Representative is the person named in the Supplier’s Proposal. If Supplier’s Authorized Representative changes at any time during this Contract, Supplier must promptly notify Sourcewell in writing.

10. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices relevant to this Agreement are subject to examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the end of this Contract. This clause extends to Participating Entities as it relates to business conducted by that Participating Entity under this Contract.

B. ASSIGNMENT. Neither party may assign or otherwise transfer its rights or obligations under this Contract without the prior written consent of the other party and a fully executed assignment agreement. Such consent will not be unreasonably withheld. Any prohibited assignment will be invalid.

C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been duly executed by the parties.

D. WAIVER. Failure by either party to take action or assert any right under this Contract will not be deemed a waiver of such right in the event of the continuation or repetition of the circumstances giving rise to such right. Any such waiver must be in writing and signed by the parties.















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E. CONTRACT COMPLETE. This Contract represents the complete agreement between the parties. No other understanding regarding this Contract, whether written or oral, may be used to bind either party. For any conflict between the attached Proposal and the terms set out in Articles 1-22 of this Contract, the terms of Articles 1-22 will govern.

F. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their respective businesses. This Contract does not create a partnership, joint venture, or any other relationship such as master-servant, or principal-agent.

11. INDEMNITY AND HOLD HARMLESS

Supplier must indemnify, defend, save, and hold Sourcewell and its Participating Entities, including their agents and employees, harmless from any claims or causes of action, including attorneys’ fees incurred by Sourcewell or its Participating Entities, arising out of any act or omission in the performance of this Contract by the Supplier or its agents or employees; this indemnification includes injury or death to person(s) or property alleged to have been caused by some defect in the Equipment, Products, or Services under this Contract to the extent the Equipment, Product, or Service has been used according to its specifications. Sourcewell’s responsibility will be governed by the State of Minnesota’s Tort Liability Act (Minnesota Statutes Chapter 466) and other applicable law.

12. GOVERNMENT DATA PRACTICES
Supplier and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Supplier under this Contract.

13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT A. INTELLECTUAL PROPERTY

1. Grant of License. During the term of this Contract:
a. Sourcewell grants to Supplier a royalty-free, worldwide, non-exclusive right and license to use thetrademark(s) provided to Supplier by Sourcewell in advertising and promotional materials for the purpose of marketing Sourcewell’s relationship with Supplier.
b. Supplier grants to Sourcewell a royalty-free, worldwide, non-exclusive right and license to use Supplier’s trademarks in advertising and promotional materials for the purpose of marketing Supplier’s relationship with Sourcewell.

2. Limited Right of Sublicense. The right and license granted herein includes a limited right of each party to grant sublicenses to their respective subsidiaries, distributors, dealers, 














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resellers, marketing representatives, and agents (collectively “Permitted Sublicensees”) in advertising and promotional materials for the purpose of marketing the Parties’ relationship to Participating Entities. Any sublicense granted will be subject to the terms and conditions of this Article. Each party will be responsible for any breach of this Article by any of their respective sublicensees.

3. Use; Quality Control.
a. Neither party may alter the other party’s trademarks from the form provided and must comply with removal requests as to specific uses of its trademarks or logos.
b. Each party agrees to use, and to cause its Permitted Sublicensees to use, the other party’s trademarks only in good faith and in a dignified manner consistent with such party’s use of the trademarks. Upon written notice to the breaching party, the breaching party has 30 days of the date of the written notice to cure the breach or the license will be terminated.

4. As applicable, Supplier agrees to indemnify and hold harmless Sourcewell and its Participating Entities against any and all suits, claims, judgments, and costs instituted or recovered against Sourcewell or Participating Entities by any person on account of the use of any Equipment or Products by Sourcewell or its Participating Entities supplied by Supplier in violation of applicable patent or copyright laws.

5. Termination. Upon the termination of this Contract for any reason, each party, including Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites, and the like bearing the other party’s name or logo (excepting Sourcewell’s pre-printed catalog of suppliers which may be used until the next printing). Supplier must return all marketing and promotional materials, including signage, provided by Sourcewell, or dispose of it according to Sourcewell’s written directions.

B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Supplier individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract.

C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be approved by Sourcewell. Send all approval requests to the Sourcewell Supplier Development Administrator assigned to this Contract.

D. ENDORSEMENT. The Supplier must not claim that Sourcewell endorses its Equipment, Products, or Services.















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14. GOVERNING LAW, JURISDICTION, AND VENUE
The substantive and procedural laws of the State of Minnesota will govern this Contract. Venue for all legal proceedings arising out of this Contract, or its breach, must be in the appropriate state court in Todd County, Minnesota or federal court in Fergus Falls, Minnesota.

15. FORCE MAJEURE
Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party’s reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default.

16. SEVERABILITY
If any provision of this Contract is found by a court of competent jurisdiction to be illegal, unenforceable, or void then both parties will be relieved from all obligations arising from that provision. If the remainder of this Contract is capable of being performed, it will not be affected by such determination or finding and must be fully performed.

17. PERFORMANCE, DEFAULT, AND REMEDIES
A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows:

1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Supplier will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties.

2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Supplier may escalate the resolution of the issue to a higher level of management. The Supplier will have 30 calendar days to cure an outstanding issue.

3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Supplier must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Supplier fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, the Supplier will bear any additional costs incurred by Sourcewell and/or its Participating Entities as a result of such failure to proceed.

B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Participating Entity order under this Contract, in default:

1. Nonperformance of contractual requirements, or

2. A material breach of any term or condition of this Contract. 














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The party claiming default must provide written notice of the default, with 30 calendar days to cure the default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure, the non-defaulting party may:
x Exercise any remedy provided by law or equity, or
x Terminate the Contract or any portion thereof, including any orders issued against the Contract.

18. INSURANCE

A. REQUIREMENTS. At its own expense, Supplier must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an “AM BEST” rating of A- or better, with coverage and limits of insurance not less than the following:

1. Workers’ Compensation and Employer’s Liability.

Workers’ Compensation: As required by any applicable law or regulation.

Employer's Liability Insurance: must be provided in amounts not less than listed below:

Minimum limits:
$500,000 each accident for bodily injury by accident
$500,000 policy limit for bodily injury by disease
$500,000 each employee for bodily injury by disease

2. Commercial General Liability Insurance. Supplier will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office (“ISO”) Commercial General Liability Form CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products-completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract.

Minimum Limits:
$1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury
$2,000,000 aggregate for Products-Completed operations
$2,000,000 general aggregate

3. Commercial Automobile Liability Insurance. During the term of this Contract, Supplier will maintain insurance covering all owned, hired, and non-owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms 














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no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer), or equivalent.

Minimum Limits:
$1,000,000 each accident, combined single limit

4. Umbrella Insurance. During the term of this Contract, Supplier will maintain umbrella coverage over Employer’s Liability, Commercial General Liability, and Commercial Automobile.

Minimum Limits:
$2,000,000

5. Network Security and Privacy Liability Insurance. During the term of this Contract, Supplier will maintain coverage for network security and privacy liability. The coverage may be endorsed on another form of liability coverage or written on a standalone policy. The insurance must cover claims which may arise from failure of Supplier’s security resulting in, but not limited to, computer attacks, unauthorized access, disclosure of not public data – including but not limited to, confidential or private information, transmission of a computer virus, or denial of service.

Minimum limits:
$2,000,000 per occurrence
$2,000,000 annual aggregate
Failure of Supplier to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default.

B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Supplier must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Supplier Development Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf.

Failure to request certificates of insurance by Sourcewell, or failure of Supplier to provide certificates of insurance, in no way limits or relieves Supplier of its duties and responsibilities in this Contract.

C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Supplier agrees to list Sourcewell and its Participating Entities, including their officers, agents, and employees, as an additional insured under the Supplier’s commercial general liability insurance policy with respect to liability arising out of activities, “operations,” or “work” performed by or on behalf of Supplier, and products and completed operations of Supplier. The policy provision(s) or endorsement(s) must further provide that coverage is 














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primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds.

D. WAIVER OF SUBROGATION. Supplier waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Supplier or its subcontractors. The waiver must apply to all deductibles and/or self-insured retentions applicable to the required or any other insurance maintained by the Supplier or its subcontractors. Where permitted by law, Supplier must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors.

E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies), or self-insured retention.

19. COMPLIANCE
A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold.

B. LICENSES. Supplier must maintain a valid and current status on all required federal, state/provincial, and local licenses, bonds, and permits required for the operation of the business that the Supplier conducts with Sourcewell and Participating Entities.

20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION
Supplier certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Supplier declares bankruptcy, Supplier must immediately notify Sourcewell in writing.

Supplier certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Supplier certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Supplier further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time. 














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21. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER

UNITED STATES FEDERAL AWARDS OR OTHER AWARDS
Participating Entities that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may have additional requirements based on specific funding source terms or conditions. Within this Article, all references to “federal” should be interpreted to mean the United States federal government.

The following list only applies when a Participating Entity accesses Supplier’s Equipment, Products, or Services with United States federal funds.

A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of “federally assisted construction contract” in 41 C.F.R. § 60-

1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 C.F.R. § 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” The equal opportunity clause is incorporated herein by reference.

B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by nonfederal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. § 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 C.F.R. § 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. Supplier must be in compliance with all applicable Davis-Bacon Act provisions. 














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C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5).

Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. This provision is hereby incorporated by reference into this Contract. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above.

D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. If the federal award meets the definition of “funding agreement” under 37 C.F.R. § 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 C.F.R. § 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above.

E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

Supplier certifies that during the term of this Contract will comply with applicable requirements as referenced above.

F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names 














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of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Supplier certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency.

G. BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Suppliers must file any required certifications. Suppliers must not have used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Suppliers must disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Suppliers must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352).

H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Supplier must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Supplier further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed.

I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Supplier must comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act.

J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Supplier must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition.

K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Supplier agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and records of Supplier that are directly pertinent to Supplier’s discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Supplier’s personnel for the purpose of interview and discussion relating to such documents.

L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation 














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and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

M. FEDERAL SEAL(S), LOGOS, AND FLAGS. The Supplier cannot use the seal(s), logos, crests, or reproductions of flags or likenesses of Federal agency officials without specific pre-approval.

N. NO OBLIGATION BY FEDERAL GOVERNMENT. The U.S. federal government is not a party to this Contract or any purchase by a Participating Entity and is not subject to any obligations or liabilities to the Participating Entity, Supplier, or any other party pertaining to any matter resulting from the Contract or any purchase by an authorized user.

O. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS. The Contractor acknowledges that 31 U.S.C. 38 (Administrative Remedies for False Claims and Statements) applies to the Supplier’s actions pertaining to this Contract or any purchase by a Participating Entity.

P. FEDERAL DEBT. The Supplier certifies that it is non-delinquent in its repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowance, and benefit overpayments.

Q. CONFLICTS OF INTEREST. The Supplier must notify the U.S. Office of General Services, Sourcewell, and Participating Entity as soon as possible if this Contract or any aspect related to the anticipated work under this Contract raises an actual or potential conflict of interest (as described in 2 C.F.R. Part 200). The Supplier must explain the actual or potential conflict in writing in sufficient detail so that the U.S. Office of General Services, Sourcewell, and Participating Entity are able to assess the actual or potential conflict; and provide any additional information as necessary or requested.

R. U.S. EXECUTIVE ORDER 13224. The Supplier, and its subcontractors, must comply with U.S.

Executive Order 13224 and U.S. Laws that prohibit transactions with and provision of resources and support to individuals and organizations associated with terrorism.

S. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT. To the extent applicable, Supplier certifies that during the term of this Contract it will comply with applicable requirements of 2 C.F.R. § 200.216. 














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T. DOMESTIC PREFERENCES FOR PROCUREMENTS. To the extent applicable, Supplier certifies that during the term of this Contract will comply with applicable requirements of 2 C.F.R. § 200.322.

22. CANCELLATION
Sourcewell or Supplier may cancel this Contract at any time, with or without cause, upon 60 days’ written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Supplier’s Proposal. Cancellation of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation.

Sourcewell AstroTurf Corporation
By: __________________________ By: __________________________ Jeremy Schwartz Victoria Stringham
Title: Chief Procurement Officer Title: Director of Cooperative Purchasing Date: ________________________ Date: ________________________ Approved:

By: __________________________
Chad Coauette
Title: Executive Director/CEO
Date: ________________________





















 















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Bid Number: RFP 031622 Vendor Name: AstroTurf Corporation