San Clemente City Council
May 20, 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, May 20, 2025
City Council
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 Regular Meeting Agenda May 20, 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 $500 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 $500 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 – Pastor Jared Powell, Paradigm Church

PLEDGE OF ALLEGIANCE

ROLL CALL

1. Special Presentations
None.

2. 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.

3. Council Member Reports

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 Regular Meeting Agenda May 20, 2025

6. Closed Session Report - City Attorney

7. Staff Communications

8. Public Hearings
The Public Hearing process includes a staff presentation, a presentation by the applicant not to exceed ten (10) minutes, and public testimony (not to exceed three minutes per speaker). Following closure of the Public Hearing, the City Council will respond to questions raised during the hearing, discuss the issues, and act upon the matter by motion.
8A. INTRODUCTION (FIRST READING) OF AN ORDINANCE AMENDING EXHIBIT “A” OF CHAPTER 8.22 OF THE SAN CLEMENTE MUNICIPAL

CODE, RELATING TO THE VERY HIGH FIRE HAZARD SEVERITY ZONES Public Hearing regarding the California Office of the State Fire Marshal (OSFM) issued 2025 Recommended Local Responsibility Area (LRA) Fire Hazard Severity Zone (FHSZ) maps for the City of San Clemente. This release is part of a statewide effort to enhance public safety and better inform communities of wildfire risk based on the latest science, topography, vegetation, and fire history.

Staff Recommendation
Introduce Ordinance No. 1791 entitled AN ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, AMENDING EXHIBIT “A” OF CHAPTER 8.22 OF THE SAN CLEMENTE MUNICIPAL CODE

TO INCLUDE UPDATES TO THE MAP CLASSIFICATION OF MODERATE,

HIGH AND VERY HIGH FIRE HAZARD SEVERITY ZONES WITHIN THE CITY OF SAN CLEMENTE.

9. Unfinished Business
9A. NATURE-BASED ADAPTATION PROJECT UPDATE - DRAFT FEASIBILITY STUDY
Staff Recommendation
Receive and file the Administrative Report dated May 20, 2025, and on file with the City Clerk.

3 City Council Regular Meeting Agenda May 20, 2025

10. New Business
10A. CONSIDERATION OF A RESOLUTION INITIATING A ZONING AMENDMENT TO TITLE 17 (ZONING) OF THE SAN CLEMENTE MUNICIPAL CODE TO

MAKE CHANGES TO DESIGN REVIEW SUBCOMMITTEE PROCESSES AND

CHANGES TO CLEANUP, CLARIFY, AND STREAMLINE STANDARDS AND

PROCESSES, AND FINDING THE ACTION EXEMPT FROM THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT
(Agendized by Councilmemember Cabral, with the support of Councilmember Wu and Mayor Knoblock at the April 1, 2025 City Council meeting.) Staff Recommendation

1. Make no changes to current Design Review Subcommittee (DRSC) processes (Alternative 1).

2. Adopt Resolution No. 25-60, striking the language as proposed in Attachment 1, and initiating a Zoning Amendment to proceed with code cleanups and batch amendments described in this Administrative Report and dated May 20, 2025.

3. Find that initiation of a zoning amendment is not a project and is exempt from the California Environmental Quality Act (CEQA).
10B. CONSIDERATION OF DESIGN ALTERNATIVES FOR BICYCLE
IMPROVEMENTS ON AVENIDA PICO BETWEEN THE I-5 FREEWAY AND

THE CALLE FRONTERA/AVENIDA PRESIDIO INTERSECTION
Staff Recommendation
Adopt Resolution No. 25-61, which will:

1. Authorize staff to proceed with design Alternative 1 with Class 1 Deviation as outlined in Attachment 2 of the Administrative Report dated May 20, 2025, and on file with the City Clerk.

2. Authorize staff to initiate negotiations with impacted property owners for potential acquisitions of an easement or land dedication for widening of Avenida Pico.

3. Authorize staff to submit applications for grant opportunities for design and/or construction funding.

4 City Council Regular Meeting Agenda May 20, 2025
10C. INTRODUCTION (FIRST READING) OF AN ORDINANCE DELETING SECTION 15.08.020(H)(8) AND ADDING CHAPTER 15.19 - ELECTRIC VEHICLE CHARGING STATIONS, TO TITLE 15 - BUILDINGS AND

CONSTRUCTION OF THE SAN CLEMENTE MUNICIPAL CODE, TO

PROVIDE AN EXPEDITED, STREAMLINED PERMITTING PROCESS FOR

ELECTRIC VEHICLE CHARGING SYSTEMS AND FINDING THE ORDINANCE

EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
Staff Recommendation
Introduce, and conduct the first reading of Ordinance No. 1792 entitled AN

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, DELETING SECTION 15.08.020(H)(8) AND ADDING CHAPTER

15.19 TO TITLE 15 OF THE SAN CLEMENTE MUNICIPAL CODE TO SET

FORTH AN EXPEDITED, STREAMLINED PERMITTING PROCESS FOR
ELECTRIC VEHICLE CHARGING SYSTEMS.
10D. CONSIDERATION OF AND POTENTIAL INTRODUCTION (FIRST READING)

OF AN ORDINANCE TO IMPOSE TERM LIMITS ON CITY COMMISSIONS

AND/OR COMMITTEES, WITH THE EXCEPTION OF THE PLANNING

COMMISSION
Staff Recommendation
If the City Council determines to implement term limits for City Commissions and Committees, introduce and conduct the first reading of Ordinance No. 1790 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, ADDING SECTIONS 2.28.080, 2.36.080,

2.43.080, 2.45.080 AND 2.46.080 TO THE MUNICIPAL CODE OF THE CITY

OF SAN CLEMENTE TO ADD TERM LIMITS, RELATING TO THE

BEACHES, PARKS AND RECREATION COMMISSION, GOLF COURSE

COMMITTEE, INVESTMENT ADVISORY COMMITTEE, ARTS AND

CULTURE COMMITTEE, AND COMMUNITY SAFETY AND WELFARE
COMMITTEE, RESPECTIVELY.

5 City Council Regular Meeting Agenda May 20, 2025
10E. CONSIDERATION OF A RESOLUTION TO INITIATE A ZONING AMENDMENT

RELATED TO THE AMORTIZATION PROCESS OF SHORT-TERM LODGING

UNITS, AND AN INFORMATIONAL REPORT OF EXISTING TRANSIENT

OCCUPANCY TAX REVENUE AND OPPORTUNITIES FOR ENHANCEMENT

OF THAT REVENUE SOURCE
Staff Recommendation
Adopt Resolution No. 25-62, to initiate an amendment to the Zoning Ordinance to provide a process for amortized short-term lodging units (STLUs) to convert to short-term apartment rentals (STARs), when located on a property with multiple dwelling units, regardless of the 300-foot minimum separation requirement.
10F. CONSIDERATION AND POSSIBLE CREATION OF A LOCAL OLYMPIC

COMMITTEE OR AD HOC SUB-COMMITTEE TO ADDRESS THE

OPPORTUNITIES AND CONCERNS ASSOCIATED WITH HOSTING A
PORTION OF THE LOS ANGELES OLYMPIC GAMES 2028
(Agendized by Mayor Knoblock, with the support of Councilmember Cabral and Mayor Pro Tem Enmeier at the May 6, 2025 City Council meeting.) Staff Recommendation
Form one or more City Council Olympic ad-hoc sub-committee(s) to allow for all members of the City Council to be included in the preparations for the Olympic Games, staff would further recommend that the City Council form three ad hoc sub-committees with no more than two City Councilmembers on any sub-committee and well-defined and limited matter to include: logistics, economic opportunities, host city.

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 SPECIAL MEETING MINUTES OF MAY 2, 2025.
(2) APPROVE THE CITY COUNCIL REGULAR MEETING MINUTES OF MAY 6, 2025.

B. Commission/Committee Minutes
None.

6 City Council Regular Meeting Agenda May 20, 2025
C. Warrant Register
(1) APPROVE WARRANT NOS.
604268 THROUGH 604388, PAID ON
4-25-25, IN THE AMOUNT OF $709,256.80
(2) APPROVE HAND WRITE NO. 604573,
WIRE TRANSFER NOS. 3233
THROUGH 3241 AND WARRANT NOS.
604389 THROUGH 604572, PAID ON
5-2-25, IN THE AMOUNT OF $1,446,276.82
(3) APPROVE WARRANT NOS.
604574 THROUGH 604686, PAID ON
5-9-25, IN THE AMOUNT OF $3,686,204.61
TOTAL WARRANT REGISTER $5,841,738.23
Payroll Register

APPROVE AUTOMATIC DEPOSIT ADVISES
102632 THROUGH 102972, FOR THE PERIOD
4-14-25 THROUGH 4-27-25, PAID
ON 5-2-25, IN THE AMOUNT OF $529,954.59
TOTAL PAYROLL REGISTER $529,954.59
11D. NOTICE OF COMPLETION - CAMINO CAPISTRANO CROSSWALK

IMPROVEMENTS
Staff Recommendation
Adopt Resolution No. 25-63, which will:

1. Accept the Camino Capistrano Crosswalk Improvements, CIP Project No. 15321, from the contractor, Bear Electrical Solutions, Inc.

2. Authorize the City Clerk to execute and record the Notice of Completion for the Camino Capistrano Crosswalk Improvements.

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, Bear Electrical Solutions, Inc.

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

7 City Council Regular Meeting Agenda May 20, 2025
11E. NOTICE OF COMPLETION - THREE LIFEGUARD TOWERS REPLACEMENT (2024)
Staff Recommendation
Adopt Resolution No. 25-64, which will:

1. Accept three Lifeguard Towers Replacement, CIP Project No. 22104, from the contractor, Pantheon Diversified, Inc.

2. Authorize the City Clerk to execute and record the Notice of Completion for the completed three Lifeguard Towers Replacement.

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, Pantheon Diversified, Inc.

4. Authorize the City Clerk to release the performance bond for this project upon receipt of a warranty bond in a form acceptable to the Public Works Director/City Engineer in the amount of 25% of the total construction cost. 11F. NOTICE OF COMPLETION - RICHARD T. STEED MEMORIAL PARK PUMP TRACK
Staff Recommendation
Adopt Resolution No. 25-65, which will:

1. Accept the San Clemente Pump Track, CIP No. 15109, from the contractor, American Ramp Company.

2. Authorize the City Clerk to execute and record the Notice of Completion for the San Clemente Pump Track.

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, American Ramp Company.

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

8 City Council Regular Meeting Agenda May 20, 2025
11G. CONTRACT AWARD - FOR AS-NEEDED ENGINEERING DEVELOPMENT

PLAN REVIEW SERVICES
Staff Recommendation
Adopt Resolution No. 25-66, which will:

1. Award professional services agreements to Derek J. McGregor Inc. (dba DMc Engineering), West Coast Civil, Inc., and TKE Engineering, Inc. for on-call as-needed engineering plan check services.

2. Approve, and authorize the City Manager to execute, Contract No. C25-24, by and between the City of San Clemente and Derek J. McGregor Inc. (dba DMc Engineering), providing for on-call as-needed engineering plan check services, for a term of three (3) years in an amount not to exceed $70,000 annually with two optional one-year extensions exercisable in the City Manager’s discretion.

3. Approve, and authorize the City Manager to execute, Contract No. C25-25, by and between the City of San Clemente and West Coast Civil, Inc., providing for on-call as-needed engineering plan check services, for a term of three (3) years in an amount not to exceed $70,000 annually with two optional one-year extensions exercisable in the City Manager’s discretion.

4. Approve, and authorize the City Manager to execute, Contract No. C25-26, by and between the City of San Clemente and TKE Engineering, Inc., providing for on-call as-needed engineering plan check services, for a term of three (3) years in an amount not to exceed $70,000 annually with two optional one-year extensions exercisable in the City Manager’s discretion.

9 City Council Regular Meeting Agenda May 20, 2025
11H. CONTRACT AWARD - PURCHASE AND INSTALLATION OF STORM DRAIN

TRASH CAPTURE DEVICES FOR THE EL CAMINO REAL CORRIDOR

RUNOFF TREATMENT PROJECT, AUTHORIZING A RELATED

APPROPRIATION AND FINDING THE PROJECT CATEGORICALLY EXEMPT

FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
Staff Recommendation
Adopt Resolution No. 25-67, which will:

1. Authorize an appropriation of $328,000 from an Orange County Transportation Authority (OCTA) Environmental Cleanup Program Grant to Account No. 057-543-43690-000-26802.

2. Find the El Camino Real Corridor Runoff Treatment Project, CIP Project No. 26802, categorically exempt from the California Environmental Quality Act (CEQA) under Class 1 (Existing facilities, 14 CCR Section 15301) of the State CEQA Guidelines.

3. Authorize an exemption to the competitive bidding requirements for and award the El Camino Real Corridor Runoff Treatment Project contract to G2 Construction, Inc. as a cooperative purchase.

4. Approve, and authorize the City Manager to execute, Contract No. C25-27, by and between the City of San Clemente and G2 Construction, Inc., providing for the El Camino Real Corridor Runoff Treatment Project, in an amount not to exceed $410,000, in a form substantially similar to Contract No. C25-27 (Attachment 5).
11I. CONSIDERATION OF A RESOLUTION APPROVING AN ORANGE COUNTY TRANSPORTATION AUTHORITY (OCTA) M2 ENVIRONMENTAL CLEANUP PROGRAM TIER 1 GRANT SUBMITTAL AND A 20% MATCH FOR THE

INLAND RESIDENTIAL AND RANCHO SAN CLEMENTE INDUSTRIAL

RUNOFF TREATMENT PROJECT AND FINDING THE PROJECT

CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL

QUALITY ACT
Staff Recommendation
Adopt Resolution No. 25-68, which will:

1. Find the action and the Inland Residential and Rancho San Clemente Industrial Runoff Treatment Project exempt from the California Environmental Quality Act under Class 1 (Existing Facilities, 14 CCR 15301).

2. Approving and ratifying the submittal of the Orange County Transportation Authority (OCTA) Project X Tier 1 Grant Application (Attachment 4).

10 City Council Regular Meeting Agenda May 20, 2025

3. Accepting any grant funds that are awarded.

4. Approving and authorizing a 20% local funding contribution (match) if the grant is awarded.
11J. CONSIDERATION OF A RESOLUTION FOR THE ACCEPTANCE OF 2025

DONATION FROM FRIENDS OF SAN CLEMENTE BEACHES, PARKS &

RECREATION FOUNDATION
Staff Recommendation
Adopt Resolution No. 25-69 to accept a donation of $56,595 from the Friends of San Clemente Beaches, Parks & Recreation Foundation to support 2025 recreation programs, events, and scholarships, and to authorize the Beaches, Parks & Recreation Director to ensure the proper disbursements of funds associated with the donation.
11K. CONSIDERATION OF A RESOLUTION AUTHORIZING A SUPPLEMENTAL

APPROPRIATION FROM THE GOLF CAPITAL REPLACEMENT RESERVE

FOR CLUBHOUSE HVAC REPLACEMENTS AND PLUMBING

MAINTENANCE AND FINDING THE PROJECT CATEGORICALLY EXEMPT

UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
Staff Recommendation
Adopt Resolution No. 25-70, which will:

1. Authorize a supplemental appropriation of $43,517 from the Golf Capital Replacement Reserve to the Golf Depreciation Reserve Account No. 056- 666-45300-000-00000 for work related to improvements at the golf clubhouse, including the HVAC system and plumbing lines.

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

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

11 City Council Regular Meeting Agenda May 20, 2025

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

15. Adjournment
The next Regular City Council Meeting is scheduled to take place on June 3, 2025.

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.

12 City Council Regular Meeting Agenda May 20, 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.

13 910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: May 20, 2025 Agenda Item: 8A.

Submitted By: Building Division
Prepared By: Robert Ferguson, Building Official
Subject:
..titl e
INTRODUCTION (FIRST READING) OF AN ORDINANCE AMENDING EXHIBIT “A” OF CHAPTER 8.22 OF THE SAN CLEMENTE MUNICIPAL CODE, RELATING TO THE VERY HIGH FIRE
..body HAZARD SEVERITY ZONES
Fiscal Impact:

The additional areas of the City that will be included in the Very High Fire Hazard Severity Zone are anticipated to result in increased construction costs of new construction of, and additions to, City facilities as well as increased costs for expanded areas of OCFA-determined defensible space regulations as they apply to City-owned parcels. These costs cannot be calculated at this time; staff anticipates presenting an item to the City Council in the near future to address the additional costs of complying with the defensible space requirements on City-owned parcels.

Summary:

Pursuant to California Government Code section 51178, the State Fire Marshal is required to identify areas in the state as moderate, high and very high fire hazard severity zones based on consistent statewide criteria and based on the severity of fire hazard that is expected to prevail in those areas. Moderate, high and very high fire hazard severity zones are based on fuel loading, slope, fire, weather, and other relevant factors, including areas where winds have been identified by the Office of the State Fire Marshal as a major cause of wildfire spread.

Local agencies are required to designate, by ordinance, moderate, high, and very high fire hazard severity zones in its jurisdiction within 120 days of receiving such recommendations from the State Fire Marshal. Local agencies are not permitted to decrease the level of fire hazard severity zones as identified by the State Fire Marshal for any area within the jurisdiction of the local agency and may only increase the level of fire hazard severity zones as identified by the State Fire Marshal for any area within the jurisdiction of the local agency. For the City Council’s consideration is an ordinance (Attachment 1) to adopt the updated Fire Hazard Severity Zone Maps as determined by the State Fire Marshall.

Background:

Fire hazard severity zone maps arose from major destructive fires, prompting the recognition of these areas and strategies to reduce wildfire risks, including land use planning, enforcing building codes, and developing wildfire risk mitigation strategies. Homeowners in the Very High Fire Hazard Severity Zone must comply with stringent defensible space and home hardening requirements, and are required to disclose if they are located in a very high severity zone during real estate transactions. Additionally, homes in a high and very high fire hazard severity zones must comply with building codes that mandate fire-resistant roofs and rain gutters, outer walls 14 Meeting Date: May 20, 2025 Agenda Item: 8A.

CITY OF SAN CLEMENTE 2
capable of withstanding heat and flames for up to an hour, double-pane windows with tempered, shatter-proof glass and ember-resistant attic and garage vents.

Legislative response led to mandated mapping across California under California Public Resources Code sections 4201-4204, California Code of Regulations Title 14, Section 1280 and California Government Code 51175-89, encompassing all Local Responsibility Areas (LRA). In 2011, the first map was released identifying the very high fire hazard severity zones in the Local responsibility areas. New legislation now requires the maps to include moderate, high and very high hazard severity zones to be mapped by CAL Fire and adopted by ordinance in local jurisdictions.

Governor Newsom issued executive order N-18-25 on February 6, 2025 ordering the State Fire Marshal to provide the updated Local Responsibility Area maps no later than February 10, 2025.

The fire hazard severity zone maps were provided to local jurisdictions in a phased approach; the City received the official transmittal of the new maps on March 24, 2025. For comparison, Attachment 2 provides a copy of the City’s current High Fire Hazard Severity Zone Map.

Within 30 days of receiving a transmittal from the State Fire Marshal that identifies fire hazard severity zones pursuant to Government Code section 51178, local agencies are required to make the information available for public review and comment. The updated map was posted on the City’s website, and notifications were sent to the community through social media posts and a press release regarding its availability. Notice of the 30-day public review period, which ended on May 8, 2025, was also published in the San Clemente Times. Public comments received during the public comment period are included as Attachment 3.

Local agencies are required to designate, by ordinance, moderate, high, and very high fire hazard severity zones in its jurisdiction within 120 days of receiving such recommendations from the State Fire Marshal. For San Clemente, these maps must be adopted by July 24, 2025. Local agencies are not permitted to decrease the level of fire hazard severity zones as identified by the State Fire Marshal for any area within the jurisdiction of the local agency and may only increase the level of fire hazard severity zone as identified by the State Fire Marshal for any area within the jurisdiction of the local agency.

If a local agency amends the hazard severity zone maps to increase the areas designated by the State Fire Marshall, the local agency is required to post a notice at the office of the county recorder, county assessor, and county planning agency identifying the location of the map provided by the State Fire Marshal, pursuant to Government Code section 51178. Pursuant to subdivision (b) or (c) of Section 51179, the notice shall identify the location of the amended map if the local agency amends the map. The proposed map does not include any amendments.

Council Options:
 Introduce and conduct the first reading of Ordinance No. 1791 to amend Exhibit “A” as identified by the State Fire Marshall.
 Modify, and then introduce and conduct the first reading of Ordinance No. 1791 to amend Exhibit “A” to increase the fire hazard severity zones as identified by the State Fire Marshall. 15 Meeting Date: May 20, 2025 Agenda Item: 8A.

CITY OF SAN CLEMENTE 3
 Continue the item and direct staff to provide additional information. The updated fire hazard severity zone maps must be adopted by the City, including a first and second reading of an ordinance, no later than July 24, 2025.

Environmental Review/Analysis:

Pursuant to Section 15378(b)(5) of the California Environmental Quality Act (CEQA) Guidelines (14 CCR Section 15378 (b)(5)), neither the proposed Ordinance nor any of the other actions contemplated in this report constitute a “project” under CEQA because they are organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.

Recommended Actions:

Staff Recommendation
Staff recommends that the City Council Introduce Ordinance 1791 entitled AN ORDINANCE OF

THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, AMENDING EXHIBIT “A” OF CHAPTER 8.22 OF THE MUNICIPAL CODE OF CITY OF SAN CLEMENTE, RELATING TO THE VERY HIGH FIRE HAZARD SEVERITY ZONES, RESPECTIVELY. ..recommendation
..end
Attachment:

1. Ordinance No. 1791
Exhibit A - Updated Fire Hazard Severity Zone Map for San Clemente

2. Existing (Previous) Very Hire Fire Hazard Severity Zone Map

3. Public Comments Received During Public Comment Period Notification:

Congressman Mike Levin (via email)
Senator Tony Strickland (via email)
Assembly Woman Laurie Davies (via email)
Orange County Fire Authority Division Chief Cheyne Maule (via email) 16 Attachment 1
ORDINANCE NO. 1791

AN ORDINANCE OF THE CITY COUNCIL OF

THE CITY OF SAN CLEMENTE, CALIFORNIA,
AMENDING EXHIBIT “A” OF CHAPTER 8.22 OF

THE SAN CLEMENTE MUNICIPAL CODE TO

INCLUDE UPDATES TO THE MAP

CLASSIFICATION OF MODERATE, HIGH AND

VERY HIGH FIRE HAZARD SEVERITY ZONES

WITHIN THE CITY OF SAN CLEMENTE
WHEREAS, state legislative response to fires led to mandated mapping across California, including under the California Government Code sections 51175-51189, encompassing all Local Responsibility Areas (LRA);
WHEREAS, the Fire Hazard Severity Zone maps arose from major destructive fires, prompting the recognition of these areas and strategies to reduce wildfire risks; WHEREAS, California Government Code section 51178 mandates the State Fire Marshal to classify lands within Local Responsibility Areas into Fire Hazard Severity Zones (FHSZ);
WHEREAS, under California Government Code section 51179(a), local agencies must designate by ordinance the moderate, high, and very high fire hazard severity zones within 120 days of receiving recommendations from the State Fire Marshal, pursuant to California Government Code section 51178;
WHEREAS, local governments like the City of San Clemente are not permitted to adopt a map to lower the FHSZ ratings designated by the Office of the State Fire Marshal (OSFM) and can only adopt a map as presented or modify it to raise the rating to a higher threat level; WHEREAS, pursuant to California Government Code 51178.5, the City of San Clemente made the updated information available for public review and comment within 30 days.

THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE DOES ORDAIN AS FOLLOWS:

SECTION 1. Chapter 8.22 of the City of San Clemente Municipal Code is hereby amended to read as follows:

Chapter 8.22 – Very High Fire Hazard Severity Zones

8.22.010 - Designation of very high fire hazard severity zones.

The City of San Clemente designates those amended areas identified on the City’s Fire Hazard Severity Zones (FHSZ) map attached as Exhibit “A” to Ordinance No. 1791 adopted by the City Council of the City of San Clemente on the 3rd day of June 2025, as Moderate, High and Very High Fire Hazard Severity Zones in accordance with Section 51179(a) of the California Government Code.
17 Ordinance No. 1791 Page 2
SECTION 2. The previous Exhibit “A” VHFHSZ map attached to Ordinance No. 1547 adopted by the City Council of the City of San Clemente on January 3, 2012 is hereby deleted and of no further force or effect.

SECTION 3. All ordinances and resolutions that are inconsistent with this Ordinance are repealed to the extent of such inconsistency.

SECTION 4. If any section, sentence, clause, phrase, or portion of this ordinance is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases thereof be declared invalid or unconstitutional.

SECTION 5. The mayor shall sign this ordinance and the city clerk shall attest and certify to the passage and adoption of it, and within fifteen (15) days, publish in the San Clemente Times, a weekly newspaper of general circulation, printed, published, and circulated in the City of San Clemente and thirty (30) days thereafter it shall take effect and be in force.

PASSED, APPROVED, AND ADOPTED this _______day of June, 2025.

ATTEST:
______________________ __________________________
City Clerk of the City of Steve Knoblock, Mayor of the
San Clemente, California City of San Clemente, California 18 Ordinance No. 1791 Page 3

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, hereby certify that Ordinance No. 1791 having been regularly introduced at the meeting of _______________________, was again introduced, the reading in full thereof unanimously waived, and duly passed and adopted at a regular meeting of the City Council held on the _____day of _____________, _______, and said ordinance was adopted by the following vote:

AYES:

NOES:

ABSENT:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this _____ day of ______________________, ________. __________________________
CITY CLERK of the City of
San Clemente, California
APPROVED AS TO FORM:
____________________________
Elizabeth A. Mitchell, City Attorney
19 Ordinance No. 1791 Page 4
Exhibit A
20 Attachment 2
21 Attachment 3
22 From: Vonne Barnes
Sent: Monday, March 31, 2025 3:47 PM
To: Babbitt Nathan <[email protected]>; Knoblock Steve <[email protected]>; Hall, Andy <HallA@sanclemente.org> Cc: Campbell Kari <[email protected]>; Sharp Sheryl <[email protected]>; Enmeier Mark <[email protected]>; Cabral, Victor <[email protected]>; Rebensdorf, David <RebensdorfD@sanclemente.org>; Loeffler, Rick <[email protected]>; Atamian, Adam <[email protected]>; Ferguson, Robert <[email protected]>
Subject: RSC• Flawed• Cal Fire Proposed "Very severe Fire Zone Hazard Zone Map" RSC• Flawed• Proposed 'Very severe Fire Zone Hazard Zone Map" Honorable Mayor, OCFA Nathan Babbitt, City Manager, City Council members, Please contact Cal Fire & Department of Forestry to review/ & resubmit the proposed Fire Hazard Severity Zones (FHSZ) zones and boundaries.

Many of our residents may lose insurance coverage due to inaccuracies in the proposed FHSZ map which fails to take into account RSCCA's history of extensive fire-prevention measures. Please request a redrawing of the map such that the lower loop along Vista Montana is more appropriately assigned as a "moderate" (yellow) FHSZ.

There is no comparison between RSCCA's highly maintained 100 foot defensible zones and many poorly maintained, non-regulated areas where recent and past wildfires have occurred.

On the new map, "Very Severe High Fire Hazardous Zones" include areas where recent wildfires have occurred. Such fires appear to have a long-standing history lacking maintenance of 100 feet defensible fire zones in non- irrigated areas, some with nearby forests of non- maintained trees.

RSCCA has provided wildfire mitigations costing$ millions for decades including but not limited to the list below, and there have been no wildfires on the west side of lower Vista Montana which Cal Fire has currently diagramed as a (Very Severe Fire Hazard Zone Area).

OCFA's Nathan Babbitt may verify that RSCCA homes have:
• fire prevention sprinklers in their homes;
1 23
24 25
From:

To: Ferguson, Robert
Subject: San clemente fire map
Date: Thursday, April 03, 2025 6:54:07 AM
[You don't often get email from Learn why this is important at https://aka.ms/LearnAboutSenderIdentification ]
Sharing feedback:

The new map being provided I feel is too excessive… basically everyone is going to either lose their insurance or have to spend insane amounts through Calfire.

This would not be needed if the City and State invested in fire mitigation. There should be fire breaks, brush clearing, prescribed burns and tax credits provided to homeowners who invest in fire protection upgrades. …..

Sent from my iPhone
26 From:

To: Ferguson, Robert
Cc:

Date: Thursday, April 17, 2025 11:57:38 AM
[You don't often get email from Learn why this is important at https://aka.ms/LearnAboutSenderIdentification ]
Mr. Ferguson
Wanted to comment on the Cal Fire Hazard Severity Zone map dated 3-24-2025.

Per this map my home is in the new defined zone. Can you provide guidance on how best to deal with the Talega HOA and their refusal to remove the vegetation and overgrown trees that have become a major problem in the area around my home and many others.

We purchased our house in May of 2012, and I have been told by the different managers who are responsible for the common area maintenance, that they would cut back the slope vegetation every 5 years, because of the dead wood beneath the visual green of the plants, which can be a fire hazard. Well here we are almost 13 years later and still all I get is more promises and no action .

The HOA is absolutely derelict in not removing the overgrown trees and slope vegetations that is creating the Fire Hazard Severity Zone in my neighborhood, as well as others. There isn’t one homeowner in Talega that would choose overgrown trees and slope vegetation over the safety of their home. With the updated Cal Fire Severity Zone , which includes much more of the Talega development , most of the homeowners will be facing home insurance cancellation this year.

Would like to know what the City of San Clemente is going to do to enforce fire safety in the Talega HOA? Everyone got a clear picture from the Palisades Fire as to what overgrown trees and vegetation can do to a whole community.

Look forward to hearing from you.
27 910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: May 20, 2025 Agenda Item: 9A.

Submitted By: City Manager
Prepared By: Leslea Meyerhoff, AICP, Contract Coastal Administrator Subject:
..titl e
NATURE ..body-BASED ADAPTATION PROJECT UPDATE - DRAFT FEASIBILITY STUDY Fiscal Impact:

There is no fiscal impact associated with providing this informational update. The Nature-Based Adaptation Project Feasibility Study is fully funded by a $300,000 grant from the California Coastal Commission awarded to the City in 2022 with a performance period that ends in 2025.

Summary:

This is a progress update for the City Council noting that the Draft Nature-Based Adaptation Project Feasibility Study is anticipated to be published next week. The purpose of the Draft Feasibility Study is to identify one or more potential nature-based features, using multi-purpose reef design concepts, that could be developed in the City as a companion strategy to retain beach sand added to the shoreline.

The Feasibility Study was initiated in November 2022. The draft report will be completed in midMay 2025 and was presented to the public for review and comment at the May 15 meeting of the Coastal Advisory Committee.

The Draft Feasibility Study identifies three feasible offshore sand retention structures at Shorecliffs / Capistrano Shores, North Beach and State Beach / Cyprus Shore. The proposed designs were developed over a 2-year period with the benefit of public input provided to the City at regular intervals beginning in February 2023. The structures are proposed in areas that optimize performance as a sand retention structure and to avoid the potential for any adverse effects.

The grant performance period for this Feasibility Study concludes in December 2025. Following the public review and comment period on the Draft Feasibility Study (anticipated to occur at the end of June), all comments will be reviewed and a final Feasibility Study will be prepared for City Council consideration.

Background:

In November 2022, the City was awarded a Local Coastal Program (LCP) Planning Grant from the California Coastal Commission (CCC) to conduct shoreline monitoring and to prepare a feasibility study to evaluate nature-based sand retention structures as a companion strategy to beach sand replenishment to promote coastal resilience in San Clemente. According to preliminary engineering analyses as part of the Regional Beach Sand Project II and spawned by the San Diego Association of Governments (SANDAG) Regional Beach Sand Retention Strategy 28 Meeting Date: May 20, 2025 Agenda Item: 9A.

CITY OF SAN CLEMENTE 2
(2001), adding sand retention structures to beach replenishment projects may render them up to 50% more cost-effective over the next 50 years compared to sand replenishment alone by reducing the needed renourishment volumes and extending the performance life of the beach fill.

The Draft Feasibility Study prepared for the City examines several design alternatives to promote long-term resiliency along the City shoreline using nature-based strategies including designs using natural materials.

San Clemente has experienced widespread beach erosion since the late 1990’s / early 2000’s due to historic, natural sand supplies being cut off and no longer reaching the beach, coupled with El Nino storm events over time. The City’s shoreline is now in a significant, sediment-deficit condition requiring action and intervention to restore the beach.

A wide sandy beach functions as a natural buffer from waves and storm energy and protects amenities and facilities on or landward of the beach. Existing beach widths have narrowed such that existing structures and critical public infrastructure on the beach are exposed to direct wave energy in some locations along the City’s shoreline. The loss of beach has also significantly reduced the area available for public recreation, use and enjoyment.

A wide variety of tried-and-true shore parallel and shore perpendicular engineering solutions are available to reduce coastal erosion. The range of potential solutions includes both man-made structural (i.e., grey) and more naturalized/softer (i.e., green) types of solutions as well as hybrid green-grey solutions that combine elements of both green and grey designs. Initially, some innovative, novel and new concepts were included in the range of alternatives proposed for consideration in the City. However, the range of solutions were narrowed through an iterative public review and comment process into three design concepts described in the draft report.

In general, the community expressed a preference for more traditional and proven approaches to build resiliency being used elsewhere in Southern California and less of a desire to be a testing ground for new concepts. The community preference was also for structures that are parallel to the shore as opposed to shore-perpendicular. These structures are also anticipated to perform best at slowing down the movement of sand to widen beaches while still allowing sand to continue moving alongshore, as opposed to stopping its movement and interrupting longshore transport.

Building long term coastal resilience in San Clemente is a top local priority of both the City Council and the community at large. The current report builds on the City’s 2021 Coastal Resiliency Plan and 2019 Sea Level Rise Vulnerability Study.

Discussion:

The State of California encourages green or soft, nonstructural and hybrid solutions to be prioritized over grey solutions wherever possible to promote resilience. The CCC issued a staff report in 2021 that expressed their interest in projects incorporating non-traditional nature-based solutions (NBS) to increase coastal resiliency. The present study aims to evaluate both traditional and some innovative nature-based pilot project strategies in San Clemente that may also serve as examples to other areas in southern California, where the loss of sandy beaches negatively impacts the region as a whole.
29 Meeting Date: May 20, 2025 Agenda Item: 9A.

CITY OF SAN CLEMENTE 3
The CCC defines NBS as strategies that harness the power of nature to address societal challenges, including climate change, disaster risk reduction, and biodiversity loss, while simultaneously benefiting people and nature. The CCC encourages the use of "softer" solutions, such as restoring natural ecosystems (like beaches, dunes and streams) over "hard" infrastructure.

The project team drafted conceptual pilot project ideas designed to promote sand retention along the beach. Key goals of the study are preserving or enhancing existing resources (e.g., recreational, infrastructure, economic and ecological) at each location. Conceptual ideas were presented to the community during a two year long, iterative outreach and engagement process initiated in February 2023. Meetings with the general public were held at City Hall in 2023 and 2024 and the team presented conceptual graphics that were refined based on input from the stakeholder focus groups. The meetings were conducted to obtain feedback from the public on concepts to be incorporated into the next phase of the study. In addition to the general community wide meetings, the City team also met with representatives from Orange County Transportation Authority, Surfrider Foundation, Bring Back Our Beaches, Save Our Beaches, the North Beach Community Association, and Capistrano Shores in 2023 and 2024.

A Draft Design Concept Memorandum was presented for public review in August of 2024. The memo was intended to refine and identify those concepts to be considered for advancing to the next phase of the Study that would include design, numerical and physical modeling, environmental review and permitting. The City is currently seeking grant funding for these tasks.

This item is an informational update provided to announce the upcoming availability of the draft Nature Based Adaptation Project Feasibility Study. No action is required. Staff will report back to the City Council in the future, following the end of the public review and comment period and will present the final report and recommendations for consideration to the City Council in Fall 2025.

Council Options:
 Receive and file the Administrative Report dated May 20, 2025, and on file with the City Clerk.  Provide additional direction to staff.

Environmental Review/Analysis:

Preparation of a feasibility study is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15262 (Feasibility and Planning Studies).

CEQA compliance for the project will be completed in the next phase, which is anticipated to include design, engineering, modeling, environmental review and permitting.

Recommended Actions:

Staff Recommendation ..recommendation
Receive and file the Administrative Report dated May 20, 2025, and on file with the City Clerk. ..end
Attachment:

1. Draft Conceptual Drawings
30 Meeting Date: May 20, 2025 Agenda Item: 9A.

CITY OF SAN CLEMENTE 4
Notification:

None.
31 M&N – Chris Webb & Chris O’Day
May 2025
Draft
San Clemente NatureͲBased Coastal
Resiliency Project Feasibility Study
1 Attachment 1
32 San Clemente Resiliency Project Locations
33 Predicted Performance of the North Beach
Multi-Benefit Emergent Breakwater
34 Capistrano Shores Living Breakwater + Sand Predicted Performance of the Capistrano Shores Submerged Breakwater 35 Predicted Performance of the State Beach/Cyprus Shore Multi-Benefit Emergent Breakwater
36 910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: May 20, 2025 Agenda Item: 10A.

Submitted By: Planning Division
Prepared By: Jonathan Lightfoot, City Planner
David Carrillo, Associate Planner
Subject:
..titl e
CONSIDERATION OF A RESOLUTION INITIATING A ZONING AMENDMENT TO TITLE 17 (ZONING) OF THE SAN CLEMENTE MUNICIPAL CODE TO MAKE CHANGES TO DESIGN

REVIEW SUBCOMMITTEE PROCESSES AND CHANGES TO CLEANUP, CLARIFY, AND

STREAMLINE STANDARDS AND PROCESSES, AND FINDING THE ACTION EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT ..body
Fiscal Impact:

No direct fiscal impact. Significant staff review and analysis of an amendment to modify the Design Review Subcommittee process may delay other priority planning and zoning code implementation items. Streamlined processes may reduce staff review time in the future, which could have a positive fiscal impact for the City and property owners/applicants.

Summary:

On April 1, 2025, the City Council directed staff to prepare a staff report that describes the Design Review Subcommittee’s (DRSC’s) role and present potential zoning changes to streamline the development review process. The City Council mentioned specific ideas for staff to address in its report, such as establishing the DRSC as a decision-making body or having DRSC guidance be binding in the Planning Commission’s decision process. This report provides the information requested by City Council and provides further considerations and alternatives for the City Council’s review.

Additionally, staff requests direction to initiate other zoning changes that cleanup, clarify, and streamline processes and standards. This is an ongoing effort to maintain the zoning code and improve the development review process. The attached resolution would initiate staff work to draft zoning amendments.

Background:

The intent of the DRSC is to provide design specific feedback prior to public hearings from appointed members of the Planning Commission with design-oriented expertise. The goal is for projects to reflect that feedback in their final plans reviewed by the hearing body, typically either the Zoning Administrator or Planning Commission. This process is designed to improve the confidence of applicants and the hearing body that projects comply with the City’s Design Guidelines, reducing the likelihood of continuances or denials within the public hearing process.

Zoning Code Section 17.12.025 identifies the DRSC’s function, duties, and applications: “The Design Review Subcommittee is an advisory body, not an approval body. The Subcommittee advises applicants on how projects can best comply with policies and design guidelines that 37 Meeting Date: May 20, 2025 Agenda Item: 10A.

CITY OF SAN CLEMENTE 2
relate to various visual impact issues, such as site planning, architecture, landscaping, and the preservation of cultural and aesthetic resources. For sites on the City's designated historic structures and landmarks list, the DRSC functions as the Cultural Heritage Subcommittee.” The DRSC reviews some but not all projects, depending on which process is required for a project approval. There are five levels of review processes shown in the graphic below. Currently, project applications for new construction, additions, and remodels which require discretionary review by the Planning Commission or the City Council are required to first be reviewed by the DRSC (Processed 3, 4 and 5). Project applications that require Zoning Administrator or City Planner (staff) review (Processes 1 and 2) are not reviewed by the DRSC unless referred by the decision-making body or the City Planner.

Current Processes
Staff have identified five approaches to revise the DRSC process to streamline architectural review and reduce the potential occurrence for project revisions based on differing feedback between review bodies. An additional option is to make no changes and maintain the current DRSC process. All six alternatives to address changes to the DRSC process are summarized below in order of the magnitude of changes proposed, and are provided with an expanded discussion in the section that follows.
38 Meeting Date: May 20, 2025 Agenda Item: 10A.

CITY OF SAN CLEMENTE 3
 Alternative 1 would make no changes. This would maintain the current process.  Alternative 2 would delegate authority to the City Planner to require DRSC review when a proposed project design is not deemed consistent with the City’s design guidelines, but would not require the applicant to implement DRSC feedback.  Alternative 3 would make DRSC review optional, subject to an applicant’s decision following an initial staff review.
 Alternative 4 would eliminate the DRSC but retain the Cultural Heritage Subcommittee (CHSC) for projects on historic properties.
 Alternative 5 would eliminate the DRSC and CHSC and direct all project applications straight to the appropriate decision-making body.
 Alternative 6 would delegate authority to the Design Review Subcommittee to review, modify, and approve or deny all aspects of a project’s design, and restrict the decisionmaking body from reviewing a project’s design if previously reviewed and approved by the DRSC.

Design Review Subcommittee Process Alternatives Analysis:

Alternative 1: Make No Changes to DRSC Processes
Under this alternative, DRSC processes would not change, but City Council would maintain the existing authority to appoint and remove Planning Commissioners and DRSC members and give direction on priorities. Staff would still request pursuing zoning code cleanup revisions and batch amendments described in this staff report to improve the planning process for property owners and applicants.

Alternative 2: Delegate Authority to City Planner to Require DRSC Review This alternative would delegate authority to the City Planner to require DRSC review when a proposed project design is not fully consistent with the City’s design guidelines. For minor design inconsistencies, applicants would be provided with staff’s initial design comments and could make suggested changes to avoid a DRSC hearing. Applicants would not be required to implement staff or DRSC feedback, and could decline to make changes and proceed to the decision-making body. The City Planner, Zoning Administrator, Planning Commission, and City Council would retain decision-making responsibilities.

Pros
 Reduced application cost and processing time for projects that follow design guidelines.  Staff time savings when DRSC reports and minutes are not prepared. 39 Meeting Date: May 20, 2025 Agenda Item: 10A.

CITY OF SAN CLEMENTE 4
Cons
 Project applicants with marginal design quality may challenge City Planner discretion/authority.
 Relies on City Planner to have sufficient design and historic preservation acumen.

Alternative 3: Make DRSC Review Optional for the Applicant This alternative would make DRSC review optional. Applicants would be provided with staff’s initial design comments and could make suggested changes or not, then choose to proceed to DRSC for more feedback or proceed to the decision-making body. The City Planner, Zoning Administrator, Planning Commission, and City Council would retain decision-making responsibilities.

Pros
 Reduced application cost and processing time for smaller, non-controversial projects.  Staff time savings when DRSC reports and minutes are not prepared.

Cons
 Project applicants with marginal design quality likely to decline DRSC review.  No targeted design review of projects that potentially affect historic resources, which may impact the City’s standing as a Certified Local Government by the California Office of Historic Preservation.
 Larger projects and controversial projects likely to take longer than they do through current processes, as multiple Planning Commission meetings may be required, with design changes, staff reports, and public notices between hearings. Expected increase in continuances and project denials.
 Increased staff time needed to accommodate subsequent reviews, noticing, and continuation reports.

Alternative 4: Eliminate DRSC but Retain CHSC for Projects on Historic Properties The DRSC currently functions as the Cultural Heritage Subcommittee (CHSC) when it provides design review for projects in the vicinity of and on historic properties. This alternative would eliminate DRSC review of all projects but retain the CHSC for review of Cultural Heritage Permits that require City Council or Planning Commission approval to modify historic resources.

For historic projects, there are additional permit findings that must be met for project approval related to consistency with historic preservation policies and the Secretary of the Interior Standards for Historic Preservation. Retaining the CHSC project reviews would help maintain the City’s standing as a Certified Local Government by the California Office of Historic Preservation.

References to the DRSC would be eliminated in the zoning code for other types of projects, not involving historic resources. The City Planner, Zoning Administrator, Planning Commission, and City Council would retain decision-making responsibilities.

Pros
 Would protect historic resources with added focus on consistency with policies and standards.
40 Meeting Date: May 20, 2025 Agenda Item: 10A.

CITY OF SAN CLEMENTE 5
 Would help the City maintain its standing as a Certified Local Government by the California Office of Historic Preservation.
 Reduced application cost and processing time for non-historic projects.  Staff time savings when DRSC reports and minutes are not prepared.

Cons
 Potential diminished design quality for projects on non-historic projects.  Larger projects and controversial projects on non-historic properties likely to take longer than they do through current processes, as multiple Planning Commission meetings may be required, with design changes, staff reports, and public notices between hearings.

Expected increase in continuances and project denials.
 Public hearings would be a more formal setting for discussions on design versus the advisory, across-the-table type discussions at the DRSC. This could diminish or change the nature of design feedback provided.
 Increased staff time needed to accommodate subsequent reviews, noticing, and continuation reports.

Alternative 5: Eliminate DRSC and CHSC
This alternative would eliminate the DRSC and references in the zoning code, including for projects requiring a Cultural Heritage Permit to modify historic resources. The City Planner, Zoning Administrator, Planning Commission, and City Council would retain decision-making responsibilities.

Pros
 Reduced application cost and processing time for smaller, non-controversial projects.  Staff time savings when DRSC reports and minutes are not prepared.  Projects are likely to get to a public hearing faster.

Cons
 Potential diminished design quality on proposed projects.  No targeted design review of projects that potentially affect historic resources, which may impact the City’s standing as a Certified Local Government by the California Office of Historic Preservation.
 Larger projects and controversial projects likely to take longer than they do through current processes, as multiple Planning Commission meetings may be required, with design changes, staff reports, and public notices between hearings. Expected increase in continuances and project denials.
 Increased staff time needed to accommodate subsequent reviews, noticing, and continuation reports.
 Public hearings would be a more formal setting for discussions on design versus the advisory, across-the-table type discussions at the DRSC. This could diminish or change the nature of design feedback provided.
41 Meeting Date: May 20, 2025 Agenda Item: 10A.

CITY OF SAN CLEMENTE 6
Alternative 6: Make DRSC A Decision-Making Body
This alternative would delegate authority to the Design Review Subcommittee to review, modify, and approve or deny all aspects of a project’s design, and restrict the decision-making body from reviewing a project’s design if previously reviewed and approved by the DRSC. Applicants could decline to make changes or appeal decisions to the decision-making body, which would then hold an appeal hearing on the project design. Most references to DRSC’s function and duties would need to be updated in the zoning code. The City Planner, Zoning Administrator, Planning Commission, and City Council would retain decision-making responsibilities of non-design project elements.

Pros
 Potential for higher quality design for all projects.  No “second bite at the apple” for Planning Commission or Zoning Administrator on design elements of a project approval. This could increase certainty in the design process and potential soft cost savings for some applicants following DRSC review.

Cons
 Applicants would need approval from multiple hearing bodies for one project, increasing project timelines and costs.
 Public noticing for DRSC hearings would add to application cost and processing time.  Planning Commission may still require changes to non-design elements of a project that affect the design, requiring applicants to return to DRSC for design review (e.g., if the Planning Commission denies a request for reduced parking or setbacks, or requires mitigation for noise/light impacts, that will inherently change the design of a building).  Larger and controversial projects likely to take longer than they do through current processes, as multiple DRSC meetings may be required, with design changes, staff reports, and notices between each hearing, followed by at least one Planning Commission meeting to review non-design elements of a project.

Other Streamlining and Zoning Batch Amendments:

Through implementation of zoning standards, it can become apparent that zoning changes are warranted to clarify standards and terms, correct errors, and modify procedures. When addressing these items, staff seeks to “batch” several zoning changes in a single ordinance to save time and make progress maintaining the zoning code. Staff maintains a to-do list of zoning items to address when workload allows. As an example, the DRSC and Planning Commission has encouraged changing the zoning code to allow attractive wing wall features on Spanish architecture projects, that are currently infeasible due to wall height limits. Items are added to the zoning to-do list when: 1) staff is directed to make a change, 2) changes are encouraged in discussion at public hearings, 3) there is need for the City Planner or Planning Commission to interpret the zoning code due to ambiguities, 4) staff finds errors to correct, 5) there are opportunities to change rules to implement policy more effectively, and 6) streamlining ideas are considered when project reviews involve more time and cost than what seems appropriate, based on the scale of a project, public interest, or issues to address.

Most recently in 2023, the City Council adopted a streamlining ordinance that consolidated several types of applications, reduced the decision level of several projects to reduce processing times for non-controversial projects, and simplified other procedures. These changes made 42 Meeting Date: May 20, 2025 Agenda Item: 10A.

CITY OF SAN CLEMENTE 7
significant improvements to the review process. There are fewer applications to work through, reduced staff time spent writing reports and resolutions, and more decisions can be made at the Zoning Administrator or staff level to speed up reviews of minor projects. There remain opportunities to improve the review process further. While initiating and analyzing prior streamlining amendments, staff identified streamlining ideas that were not adopted due to public concern with reducing some project reviews down to a staff level, such as new construction and additions in the vicinity of historic properties (but not on historic properties) that conform to zoning standards. Staff has also identified new streamlining opportunities and sees a need to cleanup items from the 2023 ordinance. Feedback is requested from the City Council to initiate the streamlining ideas and batch amendments summarized in Attachment 2.

Council Options:
 Adopt Resolution No. 25-60 initiating a Zoning Amendment to DRSC processes, with direction to staff on preferred alternative, in addition to zoning code cleanup and streamlining revisions described in this staff report. If the City Council takes this action, the motion to adopt the proposed resolution (Attachment 1) should include maintaining the language with strikethroughs.  Revise Resolution No. 25-60 to strike reference to changes to DRSC processes (leave current processes in place), but initiate a Zoning Amendment for code cleanup and streamlining amendments described in this staff report.
 Continue the Item with direction to staff to provide additional information.  Table the Item.

Environmental Review/Analysis:

The initiation of a zoning code amendment is exempt from the California Environmental Quality Act (CEQA) pursuant to Guidelines Section Sections 15060(C)(2) and 15378(A) (Not a Project) and 15061(B)(3) (No potential for significant effect). If zoning changes are initiated, staff will draft an ordinance for review and a decision at a public hearing. A part of the review process will include a CEQA evaluation of the proposed zoning changes. Staff’s analysis will be presented at that time for consideration in conjunction with a proposed ordinance.

Recommended Actions:

Staff Recommendation
..recommendation

1. Make no changes to current Design Review Subcommittee (DRSC) processes (Alternative 1); and

2. Adopt Resolution No. 25-60, striking the language as proposed in Attachment 1, and initiating a Zoning Amendment to proceed with code cleanups and batch amendments described in this staff report; and

3. Find that initiation of a zoning amendment is not a project and is exempt from CEQA. ..end
43 Meeting Date: May 20, 2025 Agenda Item: 10A.

CITY OF SAN CLEMENTE 8
Attachment:

1. Resolution No. 25-60
Exhibit A - Streamlining and Zoning Batch Amendments
Notification:

None.
44 Attachment 1
RESOLUTION NO. 25-60

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, INITIATING A ZONING
AMENDMENT TO TITLE 17 (ZONING) OF THE SAN

CLEMENTE MUNICIPAL CODE TO CLEAN UP, CLARIFY,
AND STREAMLINE STANDARDS AND PROCESSES; AND

FINDING THAT THE INITIATION OF THE ZONING

AMENDMENT IS EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT (CEQA)
WHEREAS, Title 17 of the San Clemente Municipal Code establishes zoning regulations, development standards, and procedures intended to guide land use and development in accordance with the City’s General Plan; and WHEREAS, per Title 17, amendments to the Zoning Ordinance are necessary to maintain its effectiveness as a regulatory and informational document and to ensure its consistency with the General Plan, adopted specific plans and State law. Zoning amendments are also necessary to provide for the implementation of the City's General Plan; and
WHEREAS, the initiation of a zoning amendment is a preliminary procedural step that enables staff to prepare draft amendments for public review, Planning Commission recommendation, and future City Council consideration; and WHEREAS, on May 20, 2025, the City Council considered a staff report, public comments, and directed staff to initiate zoning amendments described below.

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

SECTION 1. As directed at its May 20, 2025 meeting, the City Council hereby initiates a zoning amendment to Title 17 of the San Clemente Municipal Code to: Make clean-up, clarification, and streamlining changes to zoning standards and processes, as exemplified (but not restricted to) the streamlining changes and batch zoning changes referenced in Exhibit A.

SECTION 2. Based on its review of the record as a whole, the City Council finds that this action is exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines Section 15061(b)(3), the “common sense” exemption, because the act of initiating a zoning amendment to make changes to design review subcommittee processes and to clean up, clarify, and streamline standards and processes, has no potential to result in a significant impact on the environment.

SECTION 3. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
45 Resolution No. 25-60 Page 2
PASSED AND ADOPTED this _____ day of ____________________, _______.

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

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 25-60 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
46 Streamlining and Zoning Batch Amendments EXHIBIT A
Streamlining Changes
These zoning changes are to reduce non-controversial project reviews that involve more time and cost than what seems appropriate, based on the scale of a project, public interest, or issues to address.

Subject Streamlining Item Description
Residential Projects
Adjacent to Historic
Residences1
Allow City Planner approval of a new residence or duplex across the street from historic residences, and allow projects of up to three or four new units at least 120 feet and two parcels from historic residences. Currently, a Zoning
Administrator public hearing decision is required. These projects are significantly separated from historic residences.

If the City Council wants to retain public notice for these projects, staff could explore sending a notification letter to surrounding properties and hold a hearing if public comments are received that express concern or opposition.

Residential Additions
Adjacent Historic
Residences (i.e.,
Abutting Single-Family
and Duplexes,
Triplexes or
Fourplexes Within 300
Feet)
Restore the ability for the City Planner to approve additions less than 500 square feet to residential buildings if the addition is mostly screened from public right-of-way next to historic structures and projects do not increase the building height. This was possible prior to 2023 but unintentionally removed in an ordinance. Currently, a Zoning Administrator public hearing is required.

Restore/ Revise
Appeals Process
Restore the appeals process that existed prior to 2023, where the City Council could call-up Zoning Administrator decisions only. In 2023, the Planning Commission was given new authority to call-up Zoning Administrator approvals, in addition to the City Council. This can extend the review process if the Planning Commission calls up a decision.

Additionally, explore the option of revising appeals on zoning permits to remove the requirement that such appeals are “de novo” (meaning a new hearing on the matter) and instead require that appeal hearings be limited to a review of the record from the lower review authority and the application of laws and standards to the facts presented at the original hearing.

1 This item was proposed within the 2023 Streamlining Project but not adopted due to public concern with reducing project reviews down to a staff level without public notice. Staff could revisit this idea and pursue new streamlining options.
47 Streamlining and Zoning Batch Amendments Page 2
Subject Streamlining Item Description
Dark Skies Lighting Amend lighting standards to clarify what lights are compatible. There has been uncertainty and staff time
responding to public complaints on unshielded lighting. This change would allow staff to allocate more time toward
development project reviews.

Signs Allow staff to approve four or less signs under 25 total square feet in the Architectural Overlay, including on new buildings without a master sign program. Currently, Planning
Commission approval is needed to allow 25 square feet or more of signage on existing buildings or to allow any signs on new buildings with a master sign program.

Landscape Exceptions Allow the Zoning Administrator to approve landscape area exceptions in commercial and mixed-use zones. Currently, Planning Commission approval is required.

Condominium
Conversions
Simplify a process for determining the allowed number of apartments that may be annually converted to condominiums by avoiding the need for the Planning Commission to certify the annual vacancy rate, if possible. If a public hearing is required by state law, consider requiring certification by the Zoning Administrator. This would reduce staff time on a process that can be reallocated to processing development applications.

Encroachment Permits Allow engineering staff to approve encroachment permits for any project, including when a public hearing approval is required. Currently, the Municipal Code requires a public hearing approval of encroachment permits when proposed
with a development that requires a public hearing. This change would reduce staff time on staff reports that can be allocated to other project reviews.

Other Batch Zoning Changes
These changes are to make zoning standards clearer, fix errors, follow state law, and improve how the rules implement City policy. Below are examples of planned changes, but staff may add other items through the review process.

Subject Batch Item Description
State Law Updates Amend the Zoning Code for consistency with State Law updates. Amendments are related, but not limited to, housing, 48 Streamlining and Zoning Batch Amendments Page 3
Subject Batch Item Description
Accessory Dwelling Units (ADUs), Electric Vehicle (EV)
Stations, signage, etc.

Accessory Structures Clarify how accessory structures, such as patio covers, are measured from the property line for purposes of meeting setbacks requirements; clarify accessory structure height limits2; and define the minimum building setback for detached patio covers.

Landscaping Consider adding exceptions to landscaping requirements on all non-residential zones to allow vertical landscaping (i.e. vines, wall planters, etc.) when meeting landscaping
requirements is challenging due to site constraints.

Commercial Use Table Clean up the use table to reconcile unintended 2014 General Plan change of land use designation of NC2 to NC1.2 zones on properties other than El Camino Real and Camino
Capistrano.

Walls Add section references to applicable code sections for wall exceptions; add a distance requirement between
walls/fences; clarify how to measure wall heights; and add an objective design standard for planting area in front of retaining walls in the front and street-side yard setback.

Sign Ordinance Update sign standards with City Attorney guidance for legal precedent, and add/clarify definitions and standards for certain types of signs, such as historic signs, service station signs, on-and off-site signs, vehicle signs, and feather banners.

Parking Consider updates to parking provisions, including parking exceptions for narrow lots, and address how and when
engineering technical standards should be referenced or required.

Vacation Rentals Clarify the 300-foot buffer standard between vacation rentals; and clarify regulations for multiple Short Term Apartment Rentals (STARs) on one site.

2 Note: the Planning Commission previously made an Interpretation (No. 16-033) related to this existing topic 49 Streamlining and Zoning Batch Amendments Page 4
Subject Batch Item Description
Definitions Add definitions for "alley" and "roof element" to facilitate review for compliance with standards related to setbacks and height limits.

Specific Plans Update Specific Plans, as needed, for consistency with these batch Zoning Code changes as applicable.
50 910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: May 20, 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

CONSIDERATION OF DESIGN ALTERNATIVES FOR BICYCLE IMPROVEMENTS ON AVENIDA PICO BETWEEN THE I-5 FREEWAY AND THE CALLE FRONTERA/AVENIDA PRESIDIO ..bodyINTERSECTION
Fiscal Impact:

None at this time.

Summary:

Before the City Council is the consideration of conceptual designs for adding bicycle improvements on Avenida Pico between the I-5 Freeway and the Calle Frontera/Avenida Presidio intersection. Staff is seeking feedback and direction on a preferred conceptual design, and City Council direction to initiate negotiations with adjoining property owners for potential easements.

Staff would then seek grant funding opportunities for formal project plan preparation and permitting. The final design concepts and layouts are expected to be taken to City Council for review under the California Environmental Quality (CEQA) and approval at a later date once grant funding is known and it is determined whether easements can be obtained.

Staff believes that the four conceptual plans presented (Alternatives 1, 1 with Class 1 Deviation, 2, and 3 prepared by Stantec) are the best available options to add Class 2 bicycle improvements along this segment of Avenida Pico. Among them, Staff is recommending seeking grant opportunities for Alternative 1 with Class 1 Deviation since it encompasses the desired improvements for all roadway users. If grant funding is found to be limited, Alternative 1 with Class 1 Deviation can be scaled back to one of the other alternatives or a simpler design.

Detailed project plans are on file with the City Engineering Division for public inspection.

All of the four conceptual designs require additional right-of-way to widen Avenida Pico. Staff is recommending initiating negotiations with the neighboring property owner to the north and updating the City Council at a future date once it is known if easements or a land dedication can be obtained.

In addition to the conceptual alternatives prepared by the City’s consultant, Stantec, there is a potential additional option to include a portion of a small segment of Class 1 improvements along the Flood Control Channel behind the Mobil Gas Station, Starbucks, and McDonald’s developments as shown in the highlighted area in Attachment 2 (Alternative 1 with Class 1 Deviation). Although additional easements would be required, this could provide an alternative 51 Meeting Date: May 20, 2025 Agenda Item: 10B.

CITY OF SAN CLEMENTE 2
route for bicyclists and pedestrians who wish not to use the public sidewalk in front of these developments.

Background:

The City’s General Plan and the Bike and Pedestrian Master Plan embody two new bicycle improvement projects along the Avenida Pico segment between the I-5 Freeway and Calle Frontera/Avenida Presidio. One project includes a new off-street Class 1 bike path on or adjacent to Avenida Pico from Camino Vera Cruz to El Camino Real. Staff is not proposing consideration of this Class 1 project at this time, which would utilize the flood control channel to connect to the Metrolink Station area in North Beach. The other project included in the Bike and Pedestrian Master Plan is the addition of new Class 2 bike lanes on Avenida Pico between the I-5 Freeway and the Calle Frontera/Avenida Presidio intersection. Staff is only presenting this Class 2 project at this time.

There have been recent improvements along Avenida Pico as part of the I-5 Freeway widening.

These improvements include reconfiguration of the travel lanes, a major retaining wall structure, and new raised medians. In addition, these improvements provided Class 2 bike lanes for a short segment in both directions just east of the I-5 Freeway. Class 2 bike lanes also exist in both directions between Calle Frontera and Camino Vera Cruz, which leaves a bikeway gap between the I-5 Freeway and Calle Frontera. The conceptual plans before the City Council now are only for the Class 2 improvements to fill this gap.

Existing Eastbound Avenida Pico
Approach to Triton Way
Existing Westbound Avenida Pico
Approach to Triton Way
Due to the narrow bottleneck of available street right-of-way in this segment of Avenida Pico, each alternative requires the City to negotiate easement(s) or land dedication(s) from the neighboring property owner(s). The 600 block of Avenida Pico includes the Mobil Gas Station, a Starbucks, a McDonald’s, and a portion of the Segunda Deshecha flood control channel. Due to the layout of each of these developments, the easiest approach to widening Avenida Pico would be to obtain an easement dedication from the property owner on the north side of Avenida Pico (Marblehead Community Association AMMC).

Without an easement to widen Avenida Pico, the addition of Class 2 bicycle lanes would require the removal of vehicle travel lane(s). Stantec analyzed the vehicle capacity of Avenida Pico versus the collected traffic volume and the General Plan Amendment with Los Patrones extension projected traffic volumes and has determined that the City could theoretically remove a 52 Meeting Date: May 20, 2025 Agenda Item: 10B.

CITY OF SAN CLEMENTE 3
westbound vehicle travel lane and still be within acceptable traffic Level of Services. Staff is not recommending removing any lanes at this time; therefore, the three conceptual designs before the City Council now do not include lane removal as an option. An option that includes the removal of a westbound travel lane is on file with the City Engineering Division, if the City Council desires to review this alternative.

There are options available for grant funding for Complete Streets projects similar to this project.

Staff submitted an application for the Southern California Association of Governments (SCAG) 2026-27 and 2027-28 Surface Transportation Block Grant (STBG) and the Congestion Mitigation and Air Quality (CMAQ) Improvement Program. The grant applications were submitted prior to the May 16, 2025 deadline. Once funding and potential easement issues are more known, staff will return to the City Council with an additional update on the project. Final design approvals and/or awarding of design contracts along with CEQA findings can be considered at that time.

Council Options:
 Adopt Resolution No. 25-61, which would authorize staff to proceed with a design alternative that may or may not include additional City Council recommendations, initiate negotiations with the Marblehead Community Association AMMC, and submit applications for grant opportunities for design and/or construction funding.
 Modify and adopt Resolution No. 25-61.
 Continue the item and direct staff to provide additional information.  Do not adopt Resolution No. 25-61.

Environmental Review/Analysis:

The action before the City Council does not qualify as a "project" under CEQA Guidelines section 15378 (14 CCR section 15378). This is because it will not lead to any direct or physical changes in the environment, nor will it reasonably foreseeably result in any indirect physical changes to the environment. It is anticipated that the project design will be reviewed for compliance with CEQA at a later date when it is presented to the City Council for final design approval and funding.

Recommended Actions:

Staff Recommendation ..recommendation
Staff recommends that the City Council Adopt Resolution No. 25-61, which would:

1. Authorize staff to proceed with design Alternative 1 with Class 1 Deviation (Attachment 2); and

2. Authorize staff to initiate negotiations with impacted property owners for potential acquisitions of an easement or land dedication for widening of Avenida Pico; and

3. Authorize staff to submit applications for grant opportunities for design and/or construction funding.
53 Meeting Date: May 20, 2025 Agenda Item: 10B.

CITY OF SAN CLEMENTE 4
..endAttachment:

1. Alternative 1

2. Alternative 1 with Class 1 Deviation

3. Alternative 2

4. Alternative 3

5. Resolution No. 25-61

6. Grant application for the Southern California Association of Governments (SCAG) 2026-27 and 2027-28 Surface Transportation Block Grant (STBG) and the Congestion Mitigation and Air Quality (CMAQ) Improvement Program submitted on May 16, 2025 Notification:

1. 600 Avenida Pico LLC (Mobil Gas Station)

2. SC Bucks LLC (Starbucks)

3. McDonald’s Corporation

4. Marblehead Community Association AMMC

54 2 I-5 TO GATEWAY VILLAGE AVENIDA PICO BIKEWAY IMPROVEMENTS ALTERNATIVE 4 CONCEPT PLAN FOR 1 I-5 SEGUNDA DESHECHA CANYON CHANNEL (MO2) SEGUNDA DESHECHA CANYON CHANNEL (MO2) STARBUCKS McDONALD'S MOBIL SAN CLEMENTE HIGH SCHOOL (ENTRANCE)

MATCHLINE - SEE NEXT SHEET

AVENIDA PICO
I-5 NB OFF-RAMP I-5 NB ON-RAMP DESIGN SPEED = 40 MPH POSTED SPEED = 35 MPH 55 2 I-5 TO GATEWAY VILLAGE AVENIDA PICO BIKEWAY IMPROVEMENTS ALTERNATIVE 4 CONCEPT PLAN FOR 2 CALLE FRONTERA SEGUNDA DESHECHA CANYON CHANNEL (MO2) SAN CLEMENTE HIGH SCHOOL MATCHLINE - SEE PREVIOUS SHEET AVENIDA PRESIDIO SEGUNDA DESHECHA CANYON CHANNEL (MO2) AVENIDA PICO TRITON WAY (EXIT) GATEWAY VILLAGE DESIGN SPEED = 40 MPH POSTED SPEED = 35 MPH 56 2 I-5 TO GATEWAY VILLAGE AVENIDA PICO BIKEWAY IMPROVEMENTS ALTERNATIVE 4 CONCEPT PLAN FOR 1 I-5 SEGUNDA DESHECHA CANYON CHANNEL (MO2) SEGUNDA DESHECHA CANYON CHANNEL (MO2) STARBUCKS McDONALD'S MOBIL SAN CLEMENTE HIGH SCHOOL (ENTRANCE)

MATCHLINE - SEE NEXT SHEET

AVENIDA PICO
I-5 NB OFF-RAMP I-5 NB ON-RAMP DESIGN SPEED = 40 MPH POSTED SPEED = 35 MPH 57 2 I-5 TO GATEWAY VILLAGE AVENIDA PICO BIKEWAY IMPROVEMENTS ALTERNATIVE 4 CONCEPT PLAN FOR 2 CALLE FRONTERA SEGUNDA DESHECHA CANYON CHANNEL (MO2) SAN CLEMENTE HIGH SCHOOL MATCHLINE - SEE PREVIOUS SHEET AVENIDA PRESIDIO SEGUNDA DESHECHA CANYON CHANNEL (MO2) AVENIDA PICO TRITON WAY (EXIT) GATEWAY VILLAGE DESIGN SPEED = 40 MPH POSTED SPEED = 35 MPH 58 SECTION B B ASECTION A 1 I-5 SEGUNDA DESHECHA CANYON CHANNEL (MO2) SEGUNDA DESHECHA CANYON CHANNEL (MO2) STARBUCKS McDONALD'S MOBIL SAN CLEMENTE HIGH SCHOOL (ENTRANCE)

MATCHLINE - SEE NEXT SHEET

AVENIDA PICO
I-5 NB OFF-RAMP I-5 NB ON-RAMP DESIGN SPEED = 40 MPH POSTED SPEED = 35 MPH 2 I-5 TO GATEWAY VILLAGE AVENIDA PICO BIKEWAY IMPROVEMENTS ALTERNATIVE 5 CONCEPT PLAN FOR 59 SECTION E C D E SECTION C SECTION D 2 CALLE FRONTERA SEGUNDA DESHECHA CANYON CHANNEL (MO2) SAN CLEMENTE HIGH SCHOOL MATCHLINE - SEE PREVIOUS SHEET AVENIDA PRESIDIO SEGUNDA DESHECHA CANYON CHANNEL (MO2) AVENIDA PICO TRITON WAY (EXIT) GATEWAY VILLAGE DESIGN SPEED = 40 MPH POSTED SPEED = 35 MPH 2 I-5 TO GATEWAY VILLAGE AVENIDA PICO BIKEWAY IMPROVEMENTS ALTERNATIVE 5 CONCEPT PLAN FOR 60 SECTION C SECTION A C A B SECTION B 1 I-5 SEGUNDA DESHECHA CANYON CHANNEL (MO2) SEGUNDA DESHECHA CANYON CHANNEL (MO2) STARBUCKS McDONALD'S MOBIL SAN CLEMENTE HIGH SCHOOL (ENTRANCE)

MATCHLINE - SEE NEXT SHEET

AVENIDA PICO
I-5 NB OFF-RAMP I-5 NB ON-RAMP DESIGN SPEED = 40 MPH POSTED SPEED = 35 MPH 2 I-5 TO GATEWAY VILLAGE AVENIDA PICO BIKEWAY IMPROVEMENTS ALTERNATIVE 6 CONCEPT PLAN FOR 61 F SECTION D D SECTION E E SECTION F 2 CALLE FRONTERA SEGUNDA DESHECHA CANYON CHANNEL (MO2) SAN CLEMENTE HIGH SCHOOL MATCHLINE - SEE PREVIOUS SHEET AVENIDA PRESIDIO SEGUNDA DESHECHA CANYON CHANNEL (MO2) AVENIDA PICO TRITON WAY (EXIT) GATEWAY VILLAGE DESIGN SPEED = 40 MPH POSTED SPEED = 35 MPH 2 I-5 TO GATEWAY VILLAGE AVENIDA PICO BIKEWAY IMPROVEMENTS ALTERNATIVE 6 CONCEPT PLAN FOR 62 Attachment 5
RESOLUTION NO. 25-61

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, GIVING DIRECTION ON

THE CONCEPTUAL DESIGNS FOR BICYCLE
IMPROVEMENTS ON AVENIDA PICO BETWEEN THE I-5

FREEWAY AND THE CALLE FRONTERA / AVENIDA

PRESIDIO INTERSECTION AND AUTHORIZING

SUBMITTAL OF GRANT APPLICATIONS AND RELATED

ACTIONS
WHEREAS, the City’s General Plan and the Bike and Pedestrian Master Plan include new bicycle improvement projects along the Avenida Pico segment between the I-5 Freeway and Calle Frontera/Avenida Presidio, including the addition of new class 2 bike lanes; and
WHEREAS, the City’s consultant, Stantec, has prepared a few conceptual alternatives for City Council consideration; and
WHEREAS, at its regular meeting of May 20, 2025, the City Council considered any public comment and evaluated the proposed conceptual alternatives, including Alternative 1 with Class 1 Deviation, which includes the addition of new Class 2 bicycle lanes on each side of Avenida Pico and a new sidewalk on the north side of the street; and
WHEREAS, the existing street right-of-way of Avenida Pico is not wide enough to provide for the new proposed improvements and easements or land dedications are needed from adjoining property owners; and
WHEREAS, grants may be available to help support funding for Complete Street projects.

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

SECTION 1. That the above recitals are true and correct and incorporated herein fully by reference.

SECTION 2. That Alternative 1 with Class 1 Deviation as presented to the City Council on May 20, 2025 is the preferred design to be further evaluated at this time.

SECTION 3. That the City Council authorizes and directs staff to seek grant opportunities to help support the design and potential construction of bicycle improvement on Avenida Pico and ratifies and approves staff’s previous efforts in this regard, including the grant application submitted on May 16, 2025 to the Southern California Association of Governments (SCAG) 2026-27 and 2027-28 Surface Transportation Block Grant (STBG) and the Congestion Mitigation and Air Quality (CMAQ) Improvement Program. 63 Resolution No. 25-61 Page 2
SECTION 4. That the City Council hereby authorizes and directs the City Manager or his designee(s) to initiate negotiations with the Marblehead Community Association AMMC for potential acquisition of easements and/or street dedications for the widening of Avenida Pico to accommodate the preferred design alternative.

SECTION 5. That the City Manager or his designee(s) are authorized and directed to take such other and further actions as may be necessary and proper to fulfill the purposes of this resolution.

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

PASSED AND ADOPTED this day of , .

ATTEST:

City Clerk of the City of Steve Knoblock, Mayor of the
San Clemente, California City of San Clemente, California 64 Resolution No. 25-61 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. 25-61 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
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: May 20, 2025 Agenda Item: 10C.

Submitted By: Building Division
Prepared By: Robert Ferguson, Building Official
Subject:
..titl e

INTRODUCTION (FIRST READING) OF AN ORDINANCE DELETING SECTION

15.08.020(H)(8) AND ADDING CHAPTER 15.19 - ELECTRIC VEHICLE CHARGING STATIONS, TO TITLE 15 - BUILDINGS AND CONSTRUCTION OF THE SAN CLEMENTE

MUNICIPAL CODE, TO PROVIDE AN EXPEDITED, STREAMLINED PERMITTING PROCESS

FOR ELECTRIC VEHICLE CHARGING SYSTEMS AND FINDING THE ORDINANCE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT ..body
Fiscal Impact:

None.

Summary:

In 2015, the State of California adopted Assembly Bill 1236 (codified as Government Code Section 65850.7), which requires local jurisdictions to adopt an ordinance to create an expedited, streamlined permitting process for electric vehicle charging stations. More recent changes to state law became effective January 1, 2025. An electric vehicle charging station is any level of electric vehicle supply equipment station that delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle. The proposed ordinance is intended to bring Title 15 into compliance with state legislation regarding the expediting and streamlining procedures for electric vehicle charging stations.

Background:

Assembly Bill 1236 was adopted on October 8, 2015 and added Government Code Section 65850.7 to require jurisdictions with a population less than 200,000 residents to establish procedures, by ordinance, for expedited, streamlined processes for permitting of electric vehicle charging stations. The ordinance must include a checklist of requirements with which a permit application for an electric vehicle charging station will be eligible for expedited review. This checklist must also contain objective requirements for the installation of an electric vehicle charging station and a process for electronic submittal of permit applications.

The contents of the checklist require the permit applicant to check the features of the existing electrical service such as rating in amperes, system voltage, connected or calculated load, spare capacity in amperes, voltage and ampere rating of the electric vehicle supply equipment, circuit rating of the electric vehicle supply equipment, location of the electric vehicle supply equipment, if ventilation is/or is not required, and clearances of the charging equipment to comply with all applicable building and fire safety laws.
66 Meeting Date: May 20, 2025 Agenda Item: 10C.

CITY OF SAN CLEMENTE 2
The checklist also assists the applicant in confirming that the location of the electric vehicle supply equipment will comply with any vehicle clearance requirements in the City's Zoning Ordinances. Government Code Section 65850.7 provides that the City's checklist may be based on the "Plug-In Electric Vehicle Infrastructure Permitting Checklist" of the "Zero-Emission Vehicles in California: Community Readiness Guidebook" of the Governor's Office of Office of Land Use and Climate Innovation, previously named the Governor's Office of Planning and Research.

With the addition of Chapter 15.19 to the San Clemente Municipal Code, existing Section

15.08.020(H)(8) of the San Clemente Municipal Code becomes duplicative and is recommended to be deleted in its entirety.

Council Options:
 Introduce and conduct a first reading of Ordinance No. 1792.  Modify Ordinance No. 1792 and conduct a first reading.  Direct staff to return to the City Council with additional information or ordinance modifications.  Take no action. This action will result in the City being out of compliance with state law.

Environmental Review/Analysis:

This Ordinance is exempt from the California Environmental Quality Act (CEQA) under Public Resources Code Section 21080(b)(1) and State CEQA Guidelines Sections 15060(c)(1)-(2), 15061(b)(3), 15268, 15301, 15303, 15304 and 15308.

Recommended Actions:

Staff Recommendation
Staff recommends the City Council introduce and conduct a first reading of Ordinance No. 1792 entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, DELETING SECTION 15.08.020(H)(8) AND ADDING CHAPTER 15.19 TO TITLE 15 OF THE SAN CLEMENTE MUNICIPAL CODE TO SET FORTH AN EXPEDITED, STREAMLINED PERMITTING PROCESS FOR ELECTRIC VEHICLE CHARGING SYSTEMS.” ..recommendation
..end
Attachment:

1. Proposed Ordinance No. 1792, including Exhibit “A” – Checklist for Applications Notification:

None.
67 Attachment 1
ORDINANCE NO. 1792

AN ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF SAN CLEMENTE, CALIFORNIA, DELETING
SECTION 15.08.020(H)(8) AND ADDING CHAPTER

15.19 TO TITLE 15 OF THE SAN CLEMENTE

MUNICIPAL CODE TO SET FORTH AN EXPEDITED,

STREAMLINED PERMITTING PROCESS FOR

ELECTRIC VEHICLE CHARGING SYSTEMS
WHEREAS, the State of California and the City of San Clemente have consistently promoted and encouraged the use of fuel-efficient electric vehicles; and
WHEREAS, the State of California adopted Assembly Bill 1236, codified as Section 65850.7 to the Government Code, which requires local agencies to adopt an ordinance that creates an expedited and streamlined permitting process for electric vehicle charging systems; and
WHEREAS, creation of an expedited, streamlined permitting process for electric vehicle charging stations would facilitate convenient charging of electric vehicles and help reduce reliance on environmentally damaging fossil fuels; and WHEREAS, Government Code Section 65850.7(9)(1) provides that every city, county, or city and county with a population of less than 200,000 residents shall adopt an ordinance consistent with the goals and intent of Government Code Section 65850.7(a); and
WHEREAS, with the adoption of Chapter 15.19 of Title 15 of the San Clemente Municipal Code (SCMC) pursuant to Assembly Bill 1236, the existing Section 15.08.020(H)(8) of the SCMC, which addresses streamlined electric vehicle charging station projects, is no longer necessary and should be removed in its entirety; and
WHEREAS, these changes require amendments and additions to the SCMC; and
WHEREAS, the City Council introduced and conducted a first reading of the ordinance at its regular meeting on May 20, 2025, and considered any public input provided at that time; and
WHEREAS, updating the SCMC is in the City’s and public’s best interest.

NOW, THEREFORE, the City Council of the City of San Clemente, California, hereby ordains as follows:

SECTION 1. The City of San Clemente City Council hereby finds and 68 Ordinance No. 1792 Page 2
determines that the above recitals are true and correct and incorporates them fully herein.

SECTION 2. Based on substantial evidence in the record as a whole, adoption of this ordinance is exempt from environmental review under the California Environmental Quality Act (CEQA) per CEQA Guidelines Sections 15060(c)(2) and 15061(b)(3) because it includes updates and revisions to streamline and expedite existing regulations pertaining solely to approval of electric vehicle charging stations and merely authorizes administrative activities that will enhance and not have any significant impacts on the environment; per Public Resources Code section 21080(b)(1) and CEQA Guidelines Sections 15060(c)(1) and 15268 because it is a ministerial project required by state law and the City lacks any discretion to adopt the ordinance and because almost all electric vehicle charging station projects that will be authorized by this ordinance will themselves be subject only to nondiscretionary review; per CEQA Guidelines Sections 15301, 15303, and 15304, because the ordinance’s expedited permit processes for electrical vehicle charging stations will result in only minor alterations to existing facilities and involving negligible or no expansion of current or former uses and only a limited number of new small structures and minor alterations to land; and per CEQA Guidelines Section 15308, because the ordinance is required by state law as a measure to reduce harmful emissions from motor vehicles and improve air quality, and contains detailed safety and performance specifications to ensure these goals are achieved.

SECTION 3. Chapter 15.19 of Title 15 is added to the City of San Clemente Municipal Code to read in full as follows:

Chapter 15.19 ELECTRIC VEHICLE CHARGING SYSTEMS EXPEDITED, STREAMLINED

PERMITTING PROCESS

15.19.010 - Definitions
A. "Electric vehicle charging station" or "charging station" means any level of electric vehicle supply equipment station that is designed and built in compliance with Article 625 of the California Electrical Code, as it reads on the effective date of this Chapter, and delivers electricity from a source outside an electric vehicle into a plug-in vehicle.

B. "Specific, adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.

C. "Electronic submittal" means the utilization of one or more of the following:
a. Electronic mail
b. The Internet
c. Facsimile
69 Ordinance No. 1792 Page 3

15.19.020 - Purpose
The purpose of this Chapter is to comply with Government Code Section 65850.7 and promote and encourage the use of electric vehicles by creating an expedited, streamlined permitting process for electric vehicle charging stations while promoting public health and safety and preventing specific adverse impacts in the installation and use of such charging stations.

15.19.030 - Applicability
This Chapter applies to the permitting of all electric vehicle charging systems in the City of San Clemente. Electric vehicle charging systems legally established or permitted prior to the effective date of this Chapter are not subject to the requirements of this Chapter unless physical modifications or alterations are undertaken that materially change the size, type or components of an electric vehicle charging system in such a way as to require new permitting. Routine operation and maintenance or like-kind replacements shall not require a permit.

15.19.040 - Electric Vehicle Charging System Requirements A. All electric vehicle charging systems shall meet the requirements of the California Electrical Code, the Society of Automotive Engineers, the National Electrical Manufacturers Association, and accredited testing laboratories such as Underwriters Laboratories, and rules of the Public Utilities Commission regarding safety and reliability.

B. Installation of electric vehicle charging stations shall be incorporated into the load. Calculations of all new or existing electrical services shall meet the requirements of the California Electrical Code. Electric vehicle charging equipment shall be considered a continuous load.

C. Installation of electric vehicle charging stations and associated wiring, bonding, disconnecting means and overcurrent protective devices shall meet the requirements of Article 625 and all applicable provisions of the California Electrical Code.

D. Anchorage of either floor-mounted or wall-mounted electric vehicle charging stations shall meet the requirements of the California Building or Residential Code as applicable per occupancy, and the provisions of the manufacturer's installation instructions. Mounting of charging stations shall not adversely affect building elements.

15.19.050 - Duties of the Building Division and the Building Official 70 Ordinance No. 1792 Page 4
A. All documents required for submission of an electric vehicle charging system application shall be made available on the publicly accessible City of San Clemente website.

B. The City of San Clemente hereby adopts the checklist of all requirements with which electric vehicle charging systems shall comply to be eligible for expedited review as set forth in Exhibit A to this ordinance, which is fully incorporated herein by this reference. Such checklist may be amended by resolution of the City Council.

C. The electric vehicle charging system permit process and checklist shall substantially conform to recommendations contained in the most current version of the Plug-In Electric Vehicle Infrastructure Permitting Checklist contained in the Zero-Emission Vehicles in California: Community Readiness Guidebook adopted by the Governor's Office of Planning and Research.

D. The Building Official shall allow the electronic submittal of the electric vehicle charging station application.

E. Electric vehicle charging stations cannot be installed or utilized until approval is granted by the Building Official.

15.19.060 - Permit Application Processing
A. Review of the electric vehicle charging system permit application shall be limited to the Building Official's review of whether the application meets local, state and federal health and safety requirements. The application shall be administratively reviewed by the Building Official as a nondiscretionary permit.

B. The City shall not condition approval of an application on the approval of an association, as that term is defined by Civil Code Section 4080.

C. An application for an electric vehicle charging station shall be deemed complete and the permit available for issuance, when the Building Official determines that the application satisfies all the requirements found in the checklist.

D. If an application is deemed incomplete, a written plan-check correction notice will be available to the applicant. It will detail all deficiencies in the application and any additional information or documentation required to be eligible for expedited permit issuance. It shall be given to the applicant for resubmission.

E. The Building Official may require an applicant to apply for a use permit if the Building Official finds in writing, based on substantial evidence, that the electric vehicle charging station would have a specific, adverse impact upon the public health or safety. The Building Official's decision to require a use permit 71 Ordinance No. 1792 Page 5
may be appealed by the applicant to the Planning Commission. The appeal shall be filed within fifteen (15) calendar days of the Building Official's decision.

F. If a use permit is required, the application for the use permit may be denied if the Planning Commission makes written findings based upon substantial evidence in the record that the proposed installation would have a specific, adverse impact upon the public health or safety and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. Such findings shall include the basis for the rejection of potential feasible alternatives for preventing the specific, adverse impact. Such decisions may be appealed to the City Council pursuant to Government Code Section 65850.5.

SECTION 4. SCMC Section 15.08.020(H)(8), relating to expediting electric vehicle charging station projects, shall be eliminated and is hereby deleted in its entirety.

SECTION 5. If any section, sentence, clause, phrase, or portion of this ordinance is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases thereof be declared invalid or unconstitutional.

SECTION 6. The mayor shall sign this ordinance The City Clerk shall certify to the adoption of this ordinance and cause it, or a summary thereof, to be published once within fifteen (15) days of adoption in a newspaper of general circulation printed and published within the City of San Clemente, and shall post a certified copy of this ordinance, including the vote for and against the same, in the Office of the City Clerk in accordance with California Government Code Section 36933. and thirty (30) days thereafter it shall take effect and be in force.

APPROVED AND ADOPTED this _____ day of June, 2025.

ATTEST:
_______________________________ ___________________________ City Clerk of the City of Steve Knoblock, Mayor of the
San Clemente, California City of San Clemente, California 72 Ordinance No. 1792 Page 6

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, hereby certify that Ordinance No. 1792 having been regularly introduced at the meeting of _______________________, was again introduced, the reading in full thereof unanimously waived, and duly passed and adopted at a regular meeting of the City Council held on the _____day of _____________, _______, and said ordinance was adopted by the following vote:

AYES:

NOES:

ABSENT:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this _____ day of ______________________, ________. __________________________
CITY CLERK of the City of
San Clemente, California
APPROVED AS TO FORM:
_______________________________
Elizabeth A. Mitchell, CITY ATTORNEY
73 CITY OF SAN CLEMENTE

RESIDENTIAL AND NON-RESIDENTIAL

CHECKLIST FOR PERMITTING ELECTRIC VEHICLES

AND ELECTRIC VEHICLE SERVICE EQUIPMENT (EVSE)
Job Address: Permit No.
☐Single-Family ☐Multi-Family (Apartment) ☐Multi-Family (Condominium) ☐Commercial (Single Business) ☐Commercial (MultiBusinesses) ☐Mixed-Use ☐Public Right-of-Way
Location and Number of EVSE to be Installed:

Garage ______ Parking Level(s) _____ Parking Lot _____ Street Curb _____
Description of Work:

Please complete the following information related to permitting and installation of Electric Vehicle Service Equipment (EVSE) as a supplement to the application for a building permit. This checklist contains the technical aspects of EVSE installations and is intended to help expedite permitting and use for electric vehicle charging.

Upon this checklist being deemed complete, a permit shall be issued to the applicant.

However, if it is determined that the installation might have a specific adverse impact on public health or safety, additional verification will be required before a permit can be issued.

This checklist substantially follows the “Plug-In Electric Vehicle Infrastructure Permitting Checklist” contained in the Governor’s Office of Planning and Research “Zero Emission Vehicles in California: Community Readiness Guidebook” and is purposed to augment the guidebook’s checklist.

Exhibit A
74 Applicant Name:

Applicant Phone & email:

Contractor Name: License Number & Type:

Contractor Phone & email:

Owner Name:

Owner Phone & email:

EVSE Charging Level: ☐Level 1 (120V) ☐Level 2 (240V) ☐Level 3 (480V)
Maximum Rating (Nameplate) of EV Service Equipment = ___________ kW Voltage EVSE = ______ V Manufacturer of EVSE:
___________________________
Mounting of EVSE: ☐Wall Mount ☐Pole Pedestal Mount ☐Other _____________
System Voltage:
☐120/240V, 1ϕ, 3W ☐120/208V, 3ϕ, 4W ☐120/240V, 3ϕ, 4W
☐277/480V, 3ϕ, 4W ☐Other ________________
Rating of Existing Main Electrical Service Equipment = __________ Amperes Rating of Panel Supplying EVSE (if not directly from Main Service) = ________ Amps
Rating of Circuit for EVSE: __________ Amps / __________ Poles AIC Rating of EVSE Circuit Breaker (if not Single Family, 400A) = __________ A.I.C.
(or verify with Inspector in field)
75 Specify Either Connected, Calculated or Documented Demand Load of Existing Panel:
 Connected Load of Existing Panel Supplying EVSE = __________ Amps  Calculated Load of Existing Panel Supplying EVSE = __________ Amps  Demand Load of Existing Panel or Service Supplying EVSE = _________ Amps
(Provide Demand Load Reading from Electric Utility)
Total Load (Existing plus EVSE Load) = __________ Amps
For Single Family Dwellings, if Existing Load is not known by any of the above methods, then the Calculated Load may be estimated using the “Single-Family Residential Permitting Application Example” in the Governor’s Office of Planning and Research “Zero Emission Vehicles in California: Community Readiness Guidebook” https://www.opr.ca.gov
EVSE Rating __________ Amps x 1.25 = __________ Amps = Minimum Ampacity of EVSE Conductor = # __________ AWG
For Single-Family: Size of Existing Service Conductors = # __________ AWG or kcmil
- or - : Size of Existing Feeder Conductor
Supplying EVSE Panel = # __________ AWG or
kcmil
(or Verify with Inspector in field)
I hereby acknowledge that the information presented is a true and correct representation of existing conditions at the job site and that any causes for concern as to life-safety verifications may require further substantiation of information.

Signature of Permit Applicant: ____________________ Date: _______________ 76 910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: May 20, 2025 Agenda Item: 10D.

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

CONSIDERATION OF AND POTENTIAL INTRODUCTION (FIRST READING) OF AN

ORDINANCE TO IMPOSE TERM LIMITS ON CITY COMMISSIONS AND/OR COMMITTEES, WITH ..body THE EXCEPTION OF THE PLANNING COMMISSION
Fiscal Impact:

None.

Summary:

The topic of term limits for City Commissions and/or Committees has been discussed multiple times. Most recently, at its meeting of May 6, 2025, the City Council directed that Staff agendize the introduction and first reading of an Ordinance effective beginning in 2026 imposing term limits on City Commissions and/or Committees, with the exception of the Planning Commission, which will not have term limits.

Based on City Council discussion, Staff has drafted an Ordinance for the City Council to consider.

The Ordinance provides that each City Commission and Committee member shall be subject to term limits of four full 2-year terms (a total of eight years). Appointments to fill a vacancy of a term for less than one year would not count toward the limit. Commission and Committee members must reapply for their respective Commission or Committee at the end of their two-year term, regardless of the implementation of term limits. Commission and Committees members can only serve on one Commission or Committee at any one time, but once they have reached their term limit, they may apply to serve of another City Commission or Committee.

Council Options:
 Introduce and conduct a first reading of Ordinance No. 1790.  Direct Staff to modify the Ordinance and return to the City Council with an updated Ordinance.
 Take no action.

Environmental Review/Analysis:

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

Recommended Actions:

Staff Recommendation ..recommendation
77 Meeting Date: May 20, 2025 Agenda Item: 10D.

CITY OF SAN CLEMENTE 2
If the City Council determines to implement term limits for City Commissions and Committees, introduce and conduct the first reading of Ordinance No. 1790 entitled AN

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, ADDING SECTIONS 2.28.080, 2.36.080, 2.43.080, 2.45.080 AND 2.46.080 TO THE MUNICIPAL

CODE OF THE CITY OF SAN CLEMENTE TO ADD TERM LIMITS, RELATING TO THE

BEACHES, PARKS AND RECREATION COMMISSION, GOLF COURSE COMMITTEE,

INVESTMENT ADVISORY COMMITTEE, ARTS AND CULTURE COMMITTEE, AND COMMUNITY SAFETY AND WELFARE COMMITTEE, RESPECTIVELY.
..end
Attachment:

1. Ordinance No. 1790 with Exhibits

Notification:

City Commission and Committee Members
78 Attachment 1
ORDINANCE NO. 1790

AN ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF SAN CLEMENTE, CALIFORNIA, ADDING
SECTIONS 2.28.080, 2.36.080, 2.43.080, 2.45.080
AND 2.46.080 TO THE MUNICIPAL CODE OF THE

CITY OF SAN CLEMENTE TO ADD TERM LIMITS,

RELATING TO THE BEACHES, PARKS AND

RECREATION COMMISSION, GOLF COURSE

COMMITTEE, INVESTMENT ADVISORY

COMMITTEE, ARTS AND CULTURE COMMITTEE,

AND COMMUNITY SAFETY AND WELFARE

COMMITTEE, RESPECTIVELY
WHEREAS, at its regular meeting of May 6, 2025, the San Clemente City Council expressed a desire to add term limits to certain City Commissions and Committees effective beginning in 2026; and
WHEREAS, Commission and Committee member terms are currently two years; and
WHEREAS, the City Council believes that setting term limits of a total of four full terms (8 years) for all Commission and Committee Members, except for the Planning Commissioners, will provide more opportunity for public participation and is in the best interests of the City; and
WHEREAS, Commission and Committee members must reapply for their respective Commission or Committee at the end of their two-year term, regardless of the implementation of term limits; and
WHEREAS, setting term limits for Commission and Committee Members requires additions to the San Clemente Municipal Code (SCMC); and WHEREAS, the City Council introduced and conducted a first reading of the ordinance at its regular meeting on May 20, 2025, and considered any public input provided at that time.

NOW, THEREFORE, the City Council of the City of San Clemente, California, hereby ordains as follows:

SECTION 1: Section 2.28.080, relating to term limits for the Beaches, Parks and Recreation Commission, is hereby added to the SCMC to read in its entirety as set forth in Exhibit A attached hereto and incorporated fully herein. 79 Ordinance No. 1790 Page 2
SECTION 2: Section 2.36.080, relating to term limits for the Golf Course Committee, is hereby added to the SCMC to read in its entirety as set forth in Exhibit B attached hereto and incorporated fully herein.

SECTION 3: Section 2.43.080, relating to term limits for the Investment Advisory Committee, is hereby added to the SCMC to read in its entirety as set forth in Exhibit C attached hereto and incorporated fully herein.

SECTION 4: Section 2.45.080, relating to term limits for the Arts and Culture Committee, is hereby added to the SCMC to read in its entirety as set forth in Exhibit D attached hereto and incorporated fully herein.

SECTION 5: Section 2.46.080, relating to term limits for the Community Safety and Welfare Committee, is hereby added to the SCMC to read in its entirety as set forth in Exhibit E.

SECTION 6: If any section, subsection, subdivision, paragraph, sentence, clause or phrase added by this Ordinance, or any part thereof, is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more subsections, subdivisions, paragraphs, sentences, clauses or phrases are declared unconstitutional, invalid or ineffective.

SECTION 7: The City Clerk shall certify to the adoption of this ordinance and cause it, or a summary thereof, to be published once within fifteen (15) days of adoption in a newspaper of general circulation printed and published within the City of San Clemente, and shall post a certified copy of this ordinance, including the vote for and against the same, in the Office of the City Clerk in accordance with California Government Code Section 36933.

SECTION 8. This Ordinance shall become effective 30 days after its adoption.

APPROVED AND ADOPTED this _____day of _________________, ________.

ATTEST:
_______________________________ ___________________________ City Clerk of the City of Steve Knoblock, Mayor of the
San Clemente, California City of San Clemente, California 80 Ordinance No. 1790 Page 3

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, hereby certify that Ordinance No. 1790 having been regularly introduced at the meeting of _______________________, was again introduced, the reading in full thereof unanimously waived, and duly passed and adopted at a regular meeting of the City Council held on the _____day of _____________, _______, and said ordinance was adopted by the following vote:

AYES:

NOES:

ABSENT:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this _____ day of ______________________, ________.
__________________________
CITY CLERK of the City of
San Clemente, California
APPROVED AS TO FORM:
________________________________
Elizabeth A. Mitchell, CITY ATTORNEY
81 Ordinance No. 1790 Page 4

EXHIBIT A
Chapter 2.28 BEACHES, PARKS AND RECREATION COMMISSION

2.28.010 Establishment of the Beaches, Parks and Recreation Commission; composition; appointment of members.

There is established a Beaches, Parks and Recreation Commission which shall consist of nine San Clemente citizens appointed by the City Council. At least three of the members shall have a background or technical experience in coastal issues.

2.28.020 Function.

The Beaches, Parks and Recreation Commission's functions and duties are to:

A. Act in an advisory capacity to the City Council in all matters pertaining to parks, beaches, recreation, parkways, and coastal issues as identified by the City Council;
B. Make recommendations to the City Council and advise the City Council in matters pertaining to the creation, operation, maintenance, management, and control of community recreation programs, playgrounds, and indoor and outdoor recreations, activities, and facilities;
C. Provide feedback on projects to be considered during the annual budget for parks, beaches, recreation, and parkways during the preparation of the annual budget and make recommendations with respect thereto to the City Council and the City Manager;
D. Assist in the planning of parks and support the coordination of recreation programs for the public, promote and stimulate public interests therein, and to that end solicit, to the fullest extent possible, the cooperation of all public and private agencies interested therein;
E. Evaluate and review park development plans of the City; F. Serve as a sounding board for citizen input on matters relating to coastal areas adjacent to, or having the ability to affect, the City of San Clemente; G. Participate in the Social Services Grant Subcommittee by appointing one member of the Commission, by majority vote, no later than December 31 of each year; H. Develop an annual work plan with specific goals and objectives for the coming year. The work plan, with recommendations, shall be submitted to the City Council no later than October 1 of each year. The plan shall be submitted in written form for approval at a City Council meeting. Any amendments to the work plan shall require Council approval;
82 Ordinance No. 1790 Page 5
I. Limit meetings to three hours unless otherwise approved by a majority vote of the Commission plus the concurrence of the primary staff support to the Commission; and
J. Perform such other duties as may be prescribed by the City Council.

2.28.030 Beaches, Parks and Recreation Commission—Term of office.

The terms of office of members of the Beaches, Parks and Recreation Commission shall be for two years from July 1st to June 30th of the second following year, and with such terms staggered so that four Commissioners are appointed in even-numbered years and five Commissioners are appointed in odd-numbered years. Annually, at the first meeting after the newly appointed Commission members assume office in July, the Commission shall select a chair and vice-chair from among its members. No less than 60 days prior to the expiration of terms, the City Clerk shall notify the City Council of the forthcoming vacancies and the City Council shall make the necessary appointments prior to the expiration of the terms. In the event the City Council does not make the necessary appointments prior to the expiration of the terms, existing members with expiring terms shall continue to serve as Beaches, Parks and Recreation Commissioners until successors are appointed by the City Council and assume office.

2.28.040 Meetings—Attendance.

The Beaches, Parks and Recreation Commission shall hold meetings bi-monthly (every two months) in accordance with the rules of procedure to be enacted and recorded in a book of official proceedings. The location, dates, time, and organization of Beaches, Parks and Recreation Commission meetings shall be established by resolution of the Beaches, Parks and Recreation Commission. Any member of the Beaches, Parks and Recreation Commission who is absent from two consecutive regular meetings of the Beaches, Parks and Recreation Commission, without furnishing to the City Clerk a certificate of illness from a duly practicing physician, or without the authorization of the Beaches, Parks and Recreation Commission to be absent from two consecutive regular meetings for good cause, shall, as a result, surrender his or her office on the Beaches, Parks and Recreation Commission and the office shall be considered vacant.

2.28.050 Filling of vacancies—Removal of members.

Any vacancy occurring in the office of a member of the Beaches, Parks and Recreation Commission shall be filled in the same manner as the original appointment, and a successor shall hold office for the unexpired portion of the term of his or her predecessor. Each member of the Beaches, Parks and Recreation Commission shall serve at the pleasure of the City Council and may be removed from office with or without cause during his or her term in office by a majority vote of all members of the City Council. 83 Ordinance No. 1790 Page 6

2.28.060 Voting power of members.

The members of the Beaches, Parks and Recreation Commission shall each have one vote on any matter pending before the commission.

2.28.070 Commission subject to state law, etc.

The Beaches, Parks and Recreation Commission shall be subject to the rules and regulations regarding the conduct of meetings under state and city law and to the provisions of this Code and any other ordinance of the City.

2.28.080 Term Limits.

Effective July 1, 2026, Beaches, Parks and Recreation Commissioners shall be subject to a term limit of four full 2-year terms (8 years total). Appointments mid-term shall not count toward such limit. Beaches, Parks and Recreation Commissioners members must reapply for their seat at the end of each two-year term, regardless of the implementation of term limits. Commission and Committee members may serve on only one Commission or Committee at a time. The City Council may exercise its discretion to waive any of the foregoing limitations if there is a lack of applicants or for other cause. 84 Ordinance No. 1790 Page 7

EXHIBIT B
Chapter 2.36 GOLF COURSE COMMITTEE

2.36.010 Establishment of the Golf Course Committee; composition; appointment of members.

There is established a Golf Course Committee which shall consist of five San Clemente citizens appointed by the City Council.

2.36.020 Function.

The Golf Course Committee's functions and duties are to:

A. Act in an advisory capacity to the City Council in planning pertaining to the use and operation of the municipal golf course;
B. Make suggestions and recommendations to the City Manager and City Council pertaining to the annual budget for the municipal golf course during the process of its preparation;
C. Evaluate and review the restaurant lease, golf pro agreement, and facilities development plans for the municipal golf course;
D. Assist in the preparation of rate schedules for the users of the municipal golf course and make recommendations regarding same to the City Council; E. Develop an annual work plan with specific goals and objectives for the coming year. The work plan, with recommendations, shall be submitted to the City Council no later than October 1 of each year. The plan shall be submitted in written form for approval at a City Council meeting. Any amendments to the work plan shall require Council approval;
F. Limit meetings to three hours unless otherwise approved by a majority vote of the Committee plus the concurrence of the primary staff support to the Committee;
G. Perform such other duties as may be prescribed by the City Council.

2.36.030 Golf Course Committee—Terms of office.

The terms of office of members of the Golf Course Committee shall be for two years from July 1st to June 30th of the second following year, and with such terms staggered so that three Committee members are appointed in even-numbered years and two Committee members are appointed in odd-numbered years. Annually, at the first meeting after the newly appointed Committee members assume office in July, the Committee shall select a chair and vice-chair from among its members. No less than 60 days prior to the expiration of terms, the City Clerk shall notify the City Council of the forthcoming vacancies and the City Council shall make the necessary appointments prior to the expiration of the terms. In the event the City Council does not make the necessary appointments prior to the expiration of the terms, existing members with expiring terms shall continue to serve as Golf Course Committee members until successors are appointed by the City Council and assume office. 85 Ordinance No. 1790 Page 8

2.36.040 Meetings—Attendance.

The Golf Course Committee shall hold meetings quarterly (January, April, July and October) in accordance with the rules of procedure to be enacted and recorded in a book of official proceedings, The location, dates, time and organization of Golf Course Committee meetings, shall be established by resolution of the Golf Course Committee.

Any member of the Golf Course Committee who is absent from three consecutive regular meetings of the Golf Course Committee, without furnishing to the City Clerk a certificate of illness from a duly practicing physician, or without the authorization of the Golf Course Committee to be absent from three consecutive regular meetings for good cause, shall, as a result, surrender his or her office on the Golf Course Committee and the office shall be considered vacant.

2.36.050 Filling of vacancies—Removal of members.

Any vacancy occurring in the office of a member of the Golf Course Committee shall be filled in the same manner as the original appointment, and a successor shall hold office for the unexpired portion of the term of his or her predecessor. Each member of the Golf Course Committee shall serve at the pleasure of the City Council and may be removed from office with or without cause during his or her term in office by a majority vote of all members of the City Council.

2.36.060 Voting power of members.

The members of the Golf Course Committee shall each have one vote on any matter pending before the committee.

2.36.070 Committee subject to state law, etc.

The Golf Course Committee shall be subject to the rules and regulations regarding the conduct of meetings under state and city law and to the provisions of this Code and any other ordinance of the City.

2.36.080 Term Limits.

Effective July 1, 2026, Golf Course Committee Members shall be subject to a term limit of four full 2-year terms (8 years total). Golf Course Committee members must reapply for their seat at the end of each two-year term, regardless of the implementation of term limits. Appointments mid-term shall not count toward such limit. Commission and Committee members may serve on only one Commission or Committee at a time. The City Council may exercise its discretion to waive any of the foregoing limitations if there is a lack of applicants or for other cause.
86 Ordinance No. 1790 Page 9

EXHIBIT C
Chapter 2.43 INVESTMENT ADVISORY COMMITTEE

2.43.010 Establishment of Investment Advisory Committee—Composition— Appointment of Members.

There is established an Investment Advisory Committee which shall consist of five members. All members of the Investment Advisory Committee shall be San Clemente citizens, with the exception of the Industry Specialist representative who is not required to reside in San Clemente. The City Council shall appoint two San Clemente citizens and one current member of the City Council to serve on the Committee. The Committee shall also consist of the City Treasurer, who shall serve as Chair of the Committee, as well as one Industry Specialist to be appointed by the City Treasurer.

2.43.020 Function.

The Investment Advisory Committee's functions and duties are to:

A. Review and recommend City Investment policies to the City Council; B. Review investment practices for performance and conformance to adopted policies and procedures;
C. Limit meetings to three hours unless otherwise approved by a majority vote of the Committee plus the concurrence of the primary staff support to the Committee;
D. Perform such other duties as may be prescribed by the City Council.

2.43.030 Investment Advisory Committee—Terms of Office.

The terms of office of the Investment Advisory Committee members shall be as follows:

City Treasurer (Chair) - Serves during the City Treasurer's term of office and until a new City Treasurer assumes office.

Two citizen members appointed by the City Council - The terms of the City Council appointed citizen representatives to the Investment Advisory Committee shall be for two years from July 1st to June 30th of the second following year, and with such terms staggered so that one (1) Committee member is appointed in even-numbered years and one Committee member is appointed in odd-numbered years. No less than 60 days prior to the expiration of the term of a Council-appointed citizen member, the City Clerk shall notify the City Council of the forthcoming vacancy and the City Council shall make the necessary appointment prior to the expiration of the term. In the event the City Council does not make the necessary appointment prior to the expiration of the term, the existing citizen member with an expiring term shall continue to serve as an Investment Advisory Committee member until a successor is appointed by the City Council and assumes office.
87 Ordinance No. 1790 Page 10
One City Council member appointed by the City Council - Serves a one-year term to be selected in December of each year. Membership on the Investment Advisory Committee will immediately cease if the appointee's status as a member of the City Council should conclude for any reason.

One Industry Specialist appointed by the City Treasurer - Serves during the term of his/her appointing City Treasurer and until a new City Treasurer makes his/her appointment of an Industry Specialist and that person assumes office. The Industry Specialist is not required to reside in San Clemente.

2.43.040 Meetings—Attendance.

The Investment Advisory Committee shall hold meetings quarterly (January, April, July and October) in accordance with the rules of procedure to be enacted and recorded in a book of official proceedings. The location, dates, time and organization of Investment Advisory Committee meetings shall be established by resolution of the Investment Advisory Committee. Any member of the Investment Advisory Committee, who was appointed to the Investment Advisory Committee by the City Council, who is absent from three consecutive regular meetings of the Investment Advisory Committee, without furnishing to the City Clerk a certificate of illness from a duly practicing physician, or without the authorization of the Investment Advisory Committee to be absent from three consecutive regular meetings for good cause, shall, as a result, surrender his or her office on the Investment Advisory Committee and the office shall be considered vacant. If the Industry Specialist member is absent from three consecutive regular meetings of the Investment Advisory Committee, without furnishing to the City Clerk a certificate of illness from a duly practicing physician, or without the authorization of the Investment Advisory Committee to be absent from three consecutive meetings for good cause, he/she may be removed from office at the discretion of the City Treasurer.

2.43.050 Filling of Vacancies—Removal of Members.

Any vacancy occurring in the office of a member of the Investment Advisory Committee shall be filled in the same manner as the original appointment, and a successor shall hold office for the unexpired portion of the term of his or her predecessor. Members of the Investment Advisory Committee who were appointed to the Investment Advisory Committee by the City Council shall serve at the pleasure of the City Council and may be removed from office with or without cause during his or her term in office by a majority vote of all members of the City Council. The Industry Specialist shall serve at the pleasure of the City Treasurer and may be removed from office with or without cause at the will of the City Treasurer.

2.43.060 Voting Power of Members.

The members of the Investment Advisory Committee shall each have one vote on any matter pending before the committee.
88 Ordinance No. 1790 Page 11

2.43.070 Committee Subject to State Law, etc.

The Investment Advisory Committee shall be subject to the rules and regulations regarding the conduct of meetings under state and city law, and to the provisions of this Code and any other ordinance of the City.

2.43.080 Term Limits.

Effective July 1, 2026, Investment Advisory Committee Members shall be subject to a term limit of four full 2-year terms (8 years total). Investment Advisory Committee members must reapply for their seat at the end of each two-year term, regardless of the implementation of term limits. Appointments mid-term shall not count toward such limit.

Commission and Committee members may serve on only one Commission or Committee at a time. The City Council may exercise its discretion to waive any of the foregoing limitations if there is a lack of applicants or for other cause. 89 Ordinance No. 1790 Page 12

EXHIBIT D
Chapter 2.45 ARTS AND CULTURE COMMITTEE

2.45.010 Establishment of the Arts and Culture Committee; composition; appointment of members.

There is established an Arts and Culture Committee which shall consist of seven San Clemente citizens appointed by the City Council and shall be actively involved in the arts.

2.45.020 Function.

The Arts and Culture Committee's functions and duties are to:

A. Act in an advisory capacity to the City Council in all matters pertaining to the arts and cultural program including the feasibility of an amphitheater in San Clemente, developing and making recommendations on arts acquisition and proposals for art works for public buildings and public spaces; B. Recommend rules and regulations necessary for the administration, preservation, and perpetuation of fine arts, performing arts, and aesthetic aspects of the community and make recommendations with respect thereto to the City Council and the City Manager;
C. Elevate arts and cultural events and programming in San Clemente by providing direction and support for continued development and presentation of a variety of arts in the city; foster the inclusion of arts and cultural aspects in local events;
D. Evaluate and review arts and culture plans of the City; E. Develop an annual work plan with specific goals and objectives for the coming year. The work plan, with recommendations, shall be submitted to the City Council no later than October 1 of each year. The plan shall be submitted in written form for approval at a City Council meeting. Any amendments to the work plan shall require Council approval;
F. Limit meetings to three hours unless otherwise approved by a majority vote of the Commission plus the concurrence of the primary staff support to the Commission.

G. Perform such other duties as may be prescribed by the City Council.

2.45.030 Arts and Culture Committee—Term of office.

The terms of office of members of the Arts and Culture Committee shall be for two years from July 1st to June 30th of the second following year, and with such terms staggered so that three Committee members are appointed in even-numbered years and two Committee members are appointed in odd-numbered years. Annually, at the first meeting after the newly appointed Committee members assume office in July, the 90 Ordinance No. 1790 Page 13
Committee shall select a chair and vice-chair from among its members. No less than 60 days prior to the expiration of terms, the City Clerk shall notify the City Council of the forthcoming vacancies and the City Council shall make the necessary appointments prior to the expiration of the terms. In the event the City Council does not make the necessary appointments prior to the expiration of the terms, existing members with expiring terms shall continue to serve as Arts and Culture Committee members until successors are appointed by the City Council and assume office.

2.45.040 Meetings—Attendance.

The Arts and Culture Committee shall hold meetings bi-monthly (every two months) in accordance with the rules of procedure to be enacted and recorded in a book of official proceedings. The location, dates, time and organization of Arts and Culture Committee meetings shall be established by resolution of the Arts and Culture Committee. Any member of the Arts and Culture Committee who is absent from two consecutive regular meetings of the Arts and Culture Committee, without furnishing to the City Clerk a certificate of illness from a duly practicing physician, or without the authorization of the Arts and Culture Committee to be absent from three consecutive regular meetings for good cause, shall, as a result, surrender his or her office on the Arts and Culture Committee and the office shall be considered vacant.

2.45.050 Filling of vacancies—Removal of members.

Any vacancy occurring in the office of a member of the Arts and Culture Committee shall be filled in the same manner as the original appointment, and a successor shall hold office for the unexpired portion of the term of his or her predecessor. Each member of the Arts and Culture Committee shall serve at the pleasure of the City Council and may be removed from office with or without cause during his or her term in office by a majority vote of all members of the City Council.

2.45.060 Voting power of members.

The members of the Arts and Culture Committee shall each have one vote on any matter pending before the commission.

2.45.070 Commission subject to state law, etc.

The Arts and Culture Committee shall be subject to the rules and regulations regarding the conduct of meetings under state and city law and to the provisions of this Code and any other ordinance of the City.

2.45.080 Term Limits.

Effective July 1, 2026, Arts and Culture Committee Members shall be subject to a term limit of four full 2-year terms (8 years total). Arts and Culture Committee members must reapply for their seat at the end of each two-year term, regardless of the implementation of term limits. Appointments mid-term shall not count toward such limit.

Commission and Committee members may serve on only one Commission or Committee 91 Ordinance No. 1790 Page 14
at a time. The City Council may exercise its discretion to waive any of the foregoing limitations if there is a lack of applicants or for other cause. 92 Ordinance No. 1790 Page 15

EXHIBIT E
Chapter 2.46 COMMUNITY SAFETY AND WELFARE COMMITTEE

2.46.010 Establishment of the Community Safety and Welfare Committee; composition, appointment of members.

There is established a Community Safety and Welfare Committee which shall consist of ten members, seven appointed members and three non-voting members. The City Council shall prioritize the appointment of at least four voting members to be technical professionals with a public safety background (such as a retired police, fire, or marine chief, officer, lifeguard, etc.), if possible, and the remaining three voting-members to be appointed at large, to serve on the Community Safety and Welfare Committee.

The Committee shall also consist of one representative of the Orange County Sheriff’s Department (OCSD) to be appointed by San Clemente's Chief of Police Services, one representative of the Orange County Fire Authority (OCFA) to be appointed by San Clemente's Chief of Fire Services, and one representative from the City's Marine Safety Division to be appointed by the City Manager. The OCSD, OCFA, and the Marine Safety Division representatives shall serve as ex-officio, non-voting members. Members of the Community Safety and Welfare Committee need not be residents of San Clemente.

2.46.020 Function.

The Community Safety and Welfare Committee's functions and duties are to:

A. Act in an advisory capacity to the City Council in all matters pertaining to public safety, human needs, including homelessness, and public affairs as identified by the City Council;
B. Review performance measures of the City’s public safety personnel, consisting of Police Services, Fire Services, Ambulance Services, Marine Safety, and Park Rangers, and make recommendations to the City Council pursuant to direction provided by the City Council;
C. Develop an annual work plan with specific tasks, goals and objectives for the Committee to accomplish in the coming year. The work plan, with recommendations, shall be submitted to the City Council no later than October 1 of each year. The plan shall be submitted in written form for approval at a City Council meeting. Any amendments to the work plan shall require Council approval; D. Participate in the Social Services Grant Subcommittee by appointing one member of the Committee, by majority vote, no later than December 31 of each year; 93 Ordinance No. 1790 Page 16
E. Act as a sounding board for public safety and human needs, including homelessness, within the community;
F. Assess the human affairs needs of the community periodically; G. Establish a priority list of identified human needs within the City and reassess periodically;
H. Limit meetings to three hours unless otherwise approved by a majority vote of the Committee plus the concurrence of the primary staff support to the Committee.

I. Perform such other duties as may be prescribed by the City Council.

2.46.030 Community Safety and Welfare Committee —Terms of Office.

The terms of office of the five members of the Community Safety and Welfare Committee who are appointed by the City Council shall be for two years from July 1 to June 30 of the second following year, and with such terms staggered so that three Committee members are appointed in even-numbered years and two Committee members are appointed in odd-numbered years. Annually, at the first meeting after the newly appointed Committee members assume office in July, the Committee shall select a chair and vice-chair from among its members. No less than 60 days prior to the expiration of terms, the City Clerk shall notify the City Council of the forthcoming vacancies and the City Council shall make the necessary appointments prior to the expiration of the terms. In the event the City Council does not make the necessary appointments prior to the expiration of the terms, existing members with expiring terms shall continue to serve as Community Safety and Welfare Committee members until successors are appointed by the City Council and assume office.

The OCSD representative to the Community Safety and Welfare Committee shall serve on the Committee indefinitely during his/her tenure with the OCSD at the will of the Chief of Police Services.

The OCFA representative to the Community Safety and Welfare Committee shall serve on the Committee indefinitely during his/her tenure with the OCFA at the will of the Chief of Fire Services.

The City's Marine Safety Division representative to the Community Safety and Welfare Committee shall serve on the Committee at the will of the City Manager.

2.46.040 Meetings—Attendance.

The Community Safety and Welfare Committee shall hold meetings bi-monthly in accordance with the rules of procedures to be enacted and recorded in a book of official proceedings. A Community Safety and Welfare Committee member who was appointed by the City Council who is absent from three consecutive meetings of the Community Safety and Welfare Committee, without furnishing to the City Clerk a certificate of illness 94 Ordinance No. 1790 Page 17
from a duly practicing physician, or without the authorization of the Community Safety and Welfare Committee to be absent from three (3) consecutive meetings for good cause, shall, as a result, surrender his or her office on the Community Safety and Welfare Committee and the office shall be considered vacant.

The OCSD, OCFA and Marine Safety Division representatives to the Community Safety and Welfare Committee may be removed from office at the discretion of the Chief of Police Services, Chief of Fire Services, or City Manager, respectively, if he/she is absent from three consecutive meetings, where their attendance is necessary, of the Community Safety and Welfare Committee, without furnishing to the City Clerk a certificate of illness from a duly practicing physician, or without the authorization of the Community Safety and Welfare Committee to be absent from three consecutive meetings, where their attendance is necessary, for good cause.

2.46.050 Filling of vacancies—Removal of members.

Any vacancy occurring in the office of a Community Safety and Welfare Committee member shall be filled in the same manner as the original appointment, and a successor shall hold office for the unexpired portion of the term of his or her predecessor. Each member of the Community Safety and Welfare Committee who is appointed by the City Council shall serve at the pleasure of the City Council and may be removed from office with or without cause by a majority vote of all members of the City Council. The OCSD representative shall serve at the pleasure of the Chief of Police Services and may be removed from office with or without cause at the will of the Chief of Police Services. The OCFA representative shall serve at the pleasure of the Chief of Fire Services and may be removed from office with or without cause at the will of the Chief of Fire Services. The City's Marine Safety Division representative to the Community Safety and Welfare Committee shall serve on the Committee at the will of the City Manager and may be removed from office with or without cause at the will of the City Manager.

2.46.060 Voting power of members.

The seven members of the Community Safety and Welfare Committee who are appointed by the City Council shall each have one vote on any matter pending before the Committee. The OCSD, OCFA, and Marine Safety Division representatives are nonvoting members.

2.46.070 Committee subject to state law, etc.

The Community Safety and Welfare Committee shall be subject to the rules and regulations regarding the conduct of meetings under state and city law and to the provisions of any ordinance of the City.
95 Ordinance No. 1790 Page 18

2.46.080 Term Limits.

Effective July, 1, 2026, Community Safety and Welfare Committee Members shall be subject to a term limit of four full 2-year terms (8 years total). Community Safety and Welfare Committee members must reapply for their seat at the end of each two-year term, regardless of the implementation of term limits. Appointments mid-term shall not count toward such limit. Commission and Committee members may serve on only one Commission or Committee at a time. The City Council may exercise its discretion to waive any of the foregoing limitations if there is a lack of applicants or for other cause. 96 910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: May 20, 2025 Agenda Item: 10E.

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

CONSIDERATION OF A RESOLUTION TO INITIATE A ZONING AMENDMENT RELATED TO

THE AMORTIZATION PROCESS OF SHORT-TERM LODGING UNITS, AND AN

INFORMATIONAL REPORT OF EXISTING TRANSIENT OCCUPANCY TAX REVENUE AND OPPORTUNITIES FOR ENHANCEMENT OF THAT REVENUE SOURCE ..body Fiscal Impact:

Due to the expiration of an amortization period for non-conforming short-term lodging units (STLUs) set to occur in May 2026, the City anticipates a reduction in Transient Occupancy Tax (TOT) of approximately $130,000 per year. Should the City Council determine to modify current regulations, or initiate other TOT-generating measures, the City could anticipate an increase to, or the maintenance of existing, TOT revenues.

Summary:

Transient Occupancy Tax is a tax levied on overnight accommodations, including hotels, motels, short term rentals, and similar businesses. In San Clemente, the TOT rate is 10%, which is a common rate within Orange County but is less than some other tourist serving destinations such as Laguna Beach (14%), Buena Park (12%), and Anaheim (15%)1. The City’s 2025 fiscal year (FY) budget anticipates $3.55 Million in TOT revenue, of which approximately $2.5 Million comes from hotels and motels and $1 Million comes from STLUs, including short-term apartment rentals (STARs).

The City’s current STLU-generated TOT revenue is set to decrease due to the expiration of a 10- year amortization period that was applied to certain STLUs that existed prior to the adoption of STLU regulations that occurred in 2016. This loss of TOT is anticipated to be approximately $130,000 per year.

To address this loss of TOT, and to inform the City Council of opportunities to increase TOT from STLUs more generally, City staff is providing a number of options to expand TOT revenue for the City Council’s consideration. These opportunities include the following, with each discussed in more detail within this report:

1. Provide a process for amortized STLUs to convert to STARs, where possible, regardless of the 300-foot minimum separation requirement.

2. Extend the amortization period for the amortized STLUs.

1 Refer to Attachment XX, 2022-23 City Transient Occupancy Tax Revenue for CA Cities 97 Meeting Date: May 20, 2025 Agenda Item: 10E.

CITY OF SAN CLEMENTE 2

3. Increase development potential of hotels and motels City-wide through zoning code enhancements or other special exceptions, beyond the zoning modifications currently contemplated as part of the Gateway Overly.

4. Expand the allowed areas or capacities for STLUs, including the option for a limited-term expansion related to the 2028 Olympics or other major regional events.

5. Revisit a ballot measure to increase the TOT rate in San Clemente.

Background:

Current Revenue
The City’s biennial budget2for FY25 and FY26 includes $3.55 Million in TOT revenue for each year. Figure 1 shows projected and historical TOT revenue.

Figure 1
This revenue accounts for 5.14% of the City’s tax revenue, or 4.11% of all City revenues. A breakdown of all tax revenues is shown in Figure 2, below. [Continued on next page]

2 https://www.san-clemente.org/about-us/city-finances/city-budget 98 Meeting Date: May 20, 2025 Agenda Item: 10E.

CITY OF SAN CLEMENTE 3
Figure 2
In the calendar year 2024, San Clemente received $3,231,300 in TOT revenue. In comparison, the City of Dana Point received $16.9 Million3in revenue in FY24; San Juan Capistrano budgeted $2.3 Million4for FY25; and Laguna Beach anticipates $10.8 Million5in TOT for FY25.

Short Term Rentals
There are 161 short term rentals that are actively paying TOT. In San Clemente, short term rentals are classified into two types. The first is short term lodging units (STLU), which are units in designated visitor serving areas6, such as the Pier Bowl and North Beach. STLUs do not have distance separation requirements, and the owner is not required to reside on site; however only 20% of residential units in each allowed area may be used as STLUs. The second type is a shortterm apartment rental (STAR), which is permitted outside of the visitor serving area; however, these units require the property owner or manager to reside on site and cannot be within 300-feet of another permitted STLU or STAR.

Prior to the City’s 2016 and 2018 ordinances regarding short term rentals (codified under Section

17.28.292), a number of short-term rentals without owner/manager on site already existed outside of the designated visitor-serving accommodation zones. The City grandfathered these units, but placed them on an amortization schedule. Some units may be eligible to resume operations if converted to a STAR permit, but not all can remain in operation once the June 2026 amortization date is reached due to minimum distancing requirements from other STLUs or STARs. There are 38 amortized units, 29 of which are active and accounted for about $130,000 in TOT revenue in 2024. The map provided in Figure 3, below, indicates the STLU allowed areas (outlined in orange) and approved STLUs (orange), approved STARs (green), and amortizing units (blue).

3 https://www.danapoint.org/home/showpublisheddocument/39528/638816086471370000 4 https://sanjuancapistrano.org/ArchiveCenter/ViewFile/Item/1376 5 https://www.lagunabeachcity.net/home/showpublisheddocument/19846/638622540039630000 6 Maps of ATLU allowed areas:
https://library.municode.com/ca/san_clemente/codes/code_of_ordinances?nodeId=TIT17ZO_APXCSUECMA 99 Meeting Date: May 20, 2025 Agenda Item: 10E.

CITY OF SAN CLEMENTE 4
Figure 3
Other Visitor-Serving Accommodations
There are 758 motel, hotel or bed and breakfast rooms in the City. There has been some attrition of older motel stock that have closed business or converted into housing uses, including 6 units from the former C-Vu motel, 10 units from the former La Vista Inn, and 5 units from the former House of Trestles for a total of 21 lost units.

Pending and Approved Hotel/Motel Projects
In addition to the existing stock of hotel rooms, the City may see construction of additional facilities in the near future:
 Hotel Clemente (225-229 Avenida Del Mar): 28 hotel rooms with a restaurant in the downtown core. This project was approved by the City in late 2024 and recently was deemed complete by the Coastal Commission. The developers are awaiting their hearing date with the Coastal Commission and hope to submit for building permits with the City later this year.
100
Meeting Date: May 20, 2025 Agenda Item: 10E.

CITY OF SAN CLEMENTE 5
 Sea Cliff Boutique Motel (402 Pasadena Court): 11 hotel rooms with a restaurant in the Pier Bowl.
 Hanson Hotel (1801 N. El Camino Real): 61-room hotel with café and restaurant in North Beach. Staff anticipate scheduling a public hearing for this item this summer (2025).  Lodge Hotel at the Outlets (401 W. Avenida Vista Hermosa): 125-130 hotel rooms + conference center. However, this project has been inactive for more than 5 years.

If these four facilities (totaling 225 rooms) are constructed, the City could see additional TOT revenue of about $1.31 Million, based on an assumption of a $200 room rate for an 80% occupancy with a continued 10% TOT rate.
2016 Ballot Measure to Increase TOT
In 2016, the City Council initiated a ballot measure for residents to consider increasing the TOT rate from 10% to 13%. However, the measure was defeated by a narrow margin of 8 votes, as shown in Figure 4, below.

Figure 4
Opportunities to Increase Revenue from TOT
Staff has compiled, and seeks the City Council’s guidance and direction on, the following list of potential options to increase the City’s TOT revenue:

1. Provide a process for amortized STLUs to convert to STARs, where possible, regardless of the 300-foot minimum separation requirement.

At the end of the STLU amortization period, the City anticipates, and has already received, a number of applications to convert STLUs to STARs. These applications present a few issues. First, only STLUs located on properties with more than one residential unit will be able to convert to a STAR. Second, of those STLUs that could convert to STARs, staff anticipates that multiple applications will be submitted that are within 300 feet of another non-amortized STLU or STAR, or within 300 feet of another application to convert an amortized STLU into a STAR. The City typically processes requests on a first-come, firstserved basis.

Staff recommends that the City Council provide direction to staff on whether to maintain the status quo in processing applications for STLU to STAR conversions (first-come, first101 Meeting Date: May 20, 2025 Agenda Item: 10E.

CITY OF SAN CLEMENTE 6
served) or to initiate a Zoning Amendment to allow amortized STLUs to apply for STAR permits regardless of the 300-foot minimum distance requirements. Staff envisions that the required distancing would still apply to new STAR applications. Staff has provided a draft resolution for the City Council’s consideration (Attachment 1) that includes a zoning amendment initiation to allow amortized STLUs to apply for STAR permits regardless of the 300-foot minimum distance requirements.

2. Extend the amortization period for the amortized STLUs.

Another option to address the concerns discussed in item 1, above, would be to further extend the amortization period. This would provide for a continuation of the current STLU licenses, without the need for staff to process multiple new applications for STARs, which all require a public hearing. Additionally, more time to allow current STLUs to continue to operate would allow further natural attrition of those uses as properties change ownership or property owners decide to use their properties for longer term occupancy.

3. Increase development potential of hotels and motels City-wide through zoning code enhancements or other special exceptions, beyond the zoning modifications currently contemplated as part of the Gateway Overly.

Initiating a zoning amendment to increase the development potential of visitor-serving accommodations would likely increase TOT revenues by providing additional density for hotel and motel rooms, where those uses are currently allowed. This could be accomplished by increasing the allowable floor area ratio (FAR), height, or other standards to further incentivize development of additional short-term accommodations in the City.

Additionally, the City could consider offering special zoning exceptions in select areas to allow visitor-serving uses where they are not currently permitted, providing more flexibility and strategic expansion of lodging capacity in anticipation of high-demand events or longterm tourism growth.

4. Expand the allowed areas or capacities for STLUs, including the option for a limited-term expansion related to the 2028 Olympics or other major regional events.

To increase TOT revenue from STLUs, the City Council could consider expanding the STLU-allowed areas or percentage of allowed units in the visitor serving STLU areas. By expanding the designated visitor serving areas, such as the Downtown, Pier Bowl, or North Beach STLU areas, the City could facilitate an increase in STLUs that would generate additional TOT. Furthermore, by increasing the limitation on STLU density in these areas, which are currently capped at 20% of residential units in each allowed area, additional STLUs could be accommodated, also increasing TOT revenues.

Another option is to explore more limited term expansions of STLU uses. As the 2028 Olympics approach, the City Council could consider temporarily allowing some additional, or all, residential properties not currently licensed as STLUs or STARs to operate as STLUs during the summer months of 2028 to accommodate the expected surge in visitors.

This policy would help alleviate pressure on hotels and traditional lodging, offering a wider array of accommodations at varying price points. Homeowners could benefit economically 102
Meeting Date: May 20, 2025 Agenda Item: 10E.

CITY OF SAN CLEMENTE 7
by renting out their homes or spare rooms, generating income during a peak tourism period. For the City, increased visitor spending and collection of TOT revenue from these rentals could provide a financial boost to support public services and Olympic-related infrastructure demands.

However, this approach also poses challenges. A rapid increase in short-term rentals could lead to neighborhood disruptions, traffic congestion, and complaints about noise or trash— especially in residential areas not accustomed to tourist activity. There’s also a risk of exacerbating housing availability issues if property owners temporarily convert units from long-term housing to short-term rentals. To mitigate these effects, the City would need a clear and temporary permitting process with defined start and end dates, robust TOTcollection mechanisms, and enforcement strategies to prevent abuse. Considerations would include a registration/permitting process, setting occupancy limits, and partnering with rental platforms to ensure compliance. Community input and transparent communication would be essential in building public support and minimizing unintended consequences.

5. Revisit a ballot measure to increase the TOT rate in San Clemente.

Pursuing a ballot measure to increase TOT revenues could provide the City with a valuable opportunity to generate additional funding for critical public services, infrastructure, sand nourishment projects, and tourism-related impacts without directly taxing residents. By targeting short-term visitors, an increased TOT rate can help offset the costs associated with large events, tourism-driven wear on public assets, and housing displacement pressures. However, careful consideration must be given to potential opposition from the hospitality industry, STLU/STAR operators, and tourism advocates concerned about competitive pricing. For such an effort, the City should clearly articulate how the new revenues will be used and align the measure with community priorities such as public safety, and beach, infrastructure, or transit improvements.

Council Options:
 Adopt Resolution No. 25-62 to initiate a zoning amendment to provide a process for amortized STLUs to convert to STARs, when located on a property with multiple dwelling units, regardless of the 300-foot minimum separation requirement, and provide staff with any additional direction or feedback on the other opportunities presented in this report.  Modify and then adopt Resolution No. 25-62. Modification could include directing staff to draft an amendment that extends the amortization period for STLUs, increases development potential of hotels and motels City-wide, provides for expansion of STLU-allowed areas or capacity, provides for limited-term permitting of STLUs related to the 2028 Olympics or other major regional events, or directs staff to explore the option of a ballot measure to increase the TOT rate.
 Continue the item with the direction to staff to provide additional information.  Do not approve Resolution No. 25-62, and receive and file this report. This action will result in no new ordinance being drafted to maintain or enhance the City’s TOT revenues after the 103
Meeting Date: May 20, 2025 Agenda Item: 10E.

CITY OF SAN CLEMENTE 8
expiration of the STLU amortization period, and would also result in maintaining the status quo in processing applications for STLU to STAR conversions on a first-come, first-served basis.

Environmental Review/Analysis:

The initiation of an ordinance to amend the Zoning Ordinance 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 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.

Recommended Actions:

Staff Recommendation ..recommendation
STAFF RECOMMENDS that the City Council adopt Resolution No. 25-62 to initiate an amendment to the Zoning Ordinance to provide a process for amortized STLUs to convert to STARs when located on a property with multiple dwelling units, regardless of the 300-foot minimum separation requirement.
..end
Attachment:

1. Proposed Resolution 25-62
Notification:

None.
104
Attachment 1
RESOLUTION NO. 25-62

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, INITIATING A ZONING
AMENDMENT TO TITLE 17 (ZONING) OF THE SAN

CLEMENTE MUNICIPAL CODE TO MODIFY STANDARDS

AND PROCESSES RELATED TO SHORT-TERM LODGING
USES
WHEREAS, Title 17 of the San Clemente Municipal Code establishes zoning regulations, development standards, and procedures intended to guide land use and development in accordance with the City’s General Plan; and WHEREAS, per Title 17, amendments to the Zoning Ordinance are necessary to maintain its effectiveness as a regulatory and informational document and to ensure its consistency with the General Plan, adopted specific plans and State law. Zoning amendments are also necessary to provide for the implementation of the City's General Plan; and
WHEREAS, the initiation of a zoning amendment is a preliminary procedural step that enables staff to prepare draft amendments for public review, Planning Commission recommendation, and future City Council consideration; and WHEREAS, on May 20, 2025, the City Council considered a staff report, public comments, and directed staff to initiate zoning amendments described below.

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

SECTION 1. As directed at its May 20, 2025 meeting, the City Council hereby initiates a zoning amendment to Title 17 of the San Clemente Municipal Code to:

A. Provide a process for amortized short-term lodging units (STLUs) to convert to short-term apartment rentals (STARs) regardless of the 300-foot minimum separation requirement.

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

PASSED AND ADOPTED this _____ day of ____________________, _______. 105
Resolution No. 25-62 Page 2
ATTEST:
___________________________ __________________________
City Clerk of the City of Steve Knoblock, Mayor of the
San Clemente, California City of San Clemente, California 106

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. 25-62 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
107
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: May 20, 2025 Agenda Item: 10F.

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

CONSIDERATION AND POSSIBLE CREATION OF A LOCAL OLYMPIC COMMITTEE OR AD

HOC SUB-COMMITTEE TO ADDRESS THE OPPORTUNITIES AND CONCERNS ASSOCIATED WITH HOSTING A PORTION OF THE LOS ANGELES OLYMPIC GAMES 2028 ..body Fiscal Impact:

There is no direct fiscal impact anticipated from the formation of an ad hoc sub-committee.

However, the City Council may choose to allocate funds to allow the sub-committee to conduct activities related to the assigned tasks. Creation of a committee subject to the Ralph M. Brown act would require dedication of staff resources.

Summary:

In recent weeks, the City of San Clemente was informed that the surfing events of the 2028 Los Angeles Olympic Games would be held at Lower Trestles beach, and the City of San Clemente would be listed as the host city. The designation as a host city presents both opportunities and challenges that need to be addressed quickly in order for the residents and the City organization to have a positive Olympic experience. A committee or sub-committee will be able to study the advantages and impacts from the surfing events as well as hosting teams for practice and housing during the Olympic Games. Additionally, a committee or sub-committee could ensure that there is a clear fiscal understanding of the benefits and costs of being a host city. An ad hoc sub-committee of no more than two councilmembers would also serve to avoid inadvertent violations of the Ralph M. Brown Act and increase communications as to whom the City Council has designated to communicate regarding Olympic issues on the City’s behalf.

Background:

The Olympic Games, which bring world class sporting competition to regions that host the Games, can have a lasting legacy on communities selected to host the various events. Host cities gain notoriety and are exposed to people around the globe in a way difficult to duplicate with even the most sophisticated marketing efforts. Additionally, the Games can be an incentive to initiate and potentially even provide some funding for generational public improvements. For instance, this is the third Olympic Games to be held in the greater Los Angeles area. The Los Angeles Coliseum and other venues are a direct result of past Olympic Games. The sub-committee could be tasked with identifying economic opportunities of being a host city and exploring whether there are some local facility investment opportunities from the Olympic organization or various entities associated with the Games.

There is also the potential to host some of the Olympic teams as they seek training facilities and housing before and during the Games. The City of San Clemente has some facilities that teams 108
Meeting Date: May 20, 2025 Agenda Item: 10F.

CITY OF SAN CLEMENTE 2
may find highly attractive such as a 50-meter Olympic sized aquatic facility, numerous athletic fields, and other recreational facilities that could be used for training by Olympic teams both domestically and abroad. These facilities are an asset and the committee/sub-committee could explore the benefits and costs for use of the amenities to support the Olympics. Neighboring communities have been contacted and are willing to discuss a south Orange County approach to completing an inventory of available facilities. This may allow the area to be more competitive in securing interest from countries with the financial ability to invest in local amenities.

In addition to the potential positive impacts of being a host city, there are some potential downsides. Some of the impacts that need to be addressed include traffic, security, public demonstrations, scheduling of facilities, and similar logistical issues. Having an effective plan in place can reduce the impacts and result in a more positive experience for the community and visitors.

To date, several community members and groups have expressed an interest in participating on a committee that would be tasked with exploring strategies for the City to have a successful Olympic experience. However, at this point in time the City Council has not formed any kind of committee to determine the best approach to address the opportunities and potential impacts of being a host city. Much of the information changes rapidly and there is a need to act quickly in many instances. Therefore, staff has prepared some possible options intended to be consistent with the Ralph M. Brown Act and yet allow all elected officials to engage in the effort:

1. Formation of One City Council Olympic Committee or Ad Hoc Sub-Committee. If more than two members of the City Council are selected to participate in a committee, the meetings and activities would be subject to the Brown Act. Staff would instead recommend that a City Council Olympic Ad Hoc Sub-Committee be formed with only two members of the City Council being selected to serve on the Sub-Committee. The Sub-Committee could be tasked with addressing all issues related to the opportunities and potential impacts of the 2028 Los Angeles Olympic Games and would report back to the full City Council at regular meetings.

2. Formation of More Than One City Council Olympic Ad Hoc Sub-Committee. If the members of the City Council determine that all members of the City Council should have the opportunity to participate in an ad hoc Olympic sub-committee, the City Council could form three or more ad hoc sub-committees to address various, distinct components of the local impact of the Olympics. Some of the potential sub-committees could include:
a. Logistics, to include transportation, coordination with other Olympic serving entities (State Parks, OCTA, SCAG, Metrolink, World Surf League, LA28, law enforcement entities, etc.).
b. Economic Opportunities, to include working with the Chamber of Commerce, the Downtown Business Alliance, local business owners, media and press relations, marketing, etc.
c. Host City, to include working to improve local experience with watch parties, medal ceremonies, use of recreational facilities, resident opportunities, etc. 109
Meeting Date: May 20, 2025 Agenda Item: 10F.

CITY OF SAN CLEMENTE 3

3. Formation of One or More City Council Olympic Ad Hoc Sub-Committee(s) with Resident Participation. The City Council could choose to create the committee(s)/sub-committee(s) identified above with the inclusion of residents or community groups.

There are many additional iterations of the committee/sub-committee model, but the three examples should provide enough structure for the City Council to discuss the matter and provide direction. It should also be noted that the City Council could choose to assign specific staff to provide support for the committee/sub-committee activities.

Regardless of the direction that the City Council would like to pursue, discussions and actions of the committee(s)/subcommittee(s) should be reported to the full City Council at a regularly scheduled meetings of the City Council.

Council Options:
 Formation of One City Council Olympic Committee or Ad Hoc Sub-Committee.  Formation of More than One City Council Olympic Ad Hoc Sub-Committee.  Formation of One or More City Council Olympic Committee(s)/Sub-Committees with Resident Participation.

Environmental Review/Analysis:

This is not a project as defined by the California Environmental Quality Act.

Recommended Actions:

Staff Recommendation
..recommendation
It will be important to act quickly when opportunities arise. For that purpose, staff recommends the formation of one or more City Council Olympic Ad Hoc Sub-Committee(s). Because it is likely that all members of the City Council will want to be included in the preparations for the Olympic Games, staff would further recommend that the City Council form three ad hoc sub-committees with no more than two Councilmembers on any sub-committee and well-defined and limited subject matter, to include:
 Logistics
 Economic Opportunities
 Host City
..end
Attachment:

None.

Notification:

None.
110
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: May 20, 2025 Agenda Item: (1)
111
Bella Collina
200 Avenida La Pata
San Clemente, California
www.san-clemente.org
Council Chambers

CITY OF SAN CLEMENTE
Friday, May 2, 2025
City Council
Special Meeting Minutes
1:00 p.m. - Special Meeting Mayor Knoblock
Mayor Pro Tem Enmeier
Councilmember Cabral
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 Special Meeting of the San Clemente City Council was called to order by Mayor Knoblock on May 2, 2025 at 1:00 p.m. at Bella Collina, located at 200 Avenida La Pata, San Clemente.

PRESENT: Cabral, *Enmeier, Loeffler, Wu and Mayor Knoblock *Mayor Pro Tem Enmeier left the meeting at 1:27 p.m.

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

SPECIAL MEETING

INVOCATION
Rick Divel gave the invocation.

PLEDGE OF ALLEGIANCE
Sergeant Major Sherri Cook led the Pledge of Allegiance.

1. State of the City Presentation
Mayor Knoblock gave a presentation concerning various City initiatives.

2. Adjournment
By consensus, the City Council adjourned at 1:40 p.m. to the next Regular Meeting which will be held on May 6, 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: Cabral, Loeffler, Wu and Mayor Knoblock
NOE: None
ABSENT: Enmeier

112
City Council Special Meeting Minutes May 2, 2025
_______________________________
Steve Knoblock, Mayor of the City of
San Clemente, California
_______________________________
CITY CLERK of the City of
San Clemente, California

113
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: May 20, 2025 Agenda Item: (2)
114
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Council Chambers

CITY OF SAN CLEMENTE
Tuesday, May 6, 2025
City Council
Regular Meeting Minutes
4:30 p.m. - Closed Session
5:30 p.m. - Business Meeting
Mayor Knoblock
Mayor Pro Tem Enmeier
Councilmember Cabral
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 Knoblock on May 6, 2025 at 4:30 p.m. in the San Clemente City Council Chambers, located at 910 Calle Negocio, 2nd Floor, San Clemente.

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

CLOSED SESSION
Amanda Quintanilla narrated a PowerPoint presentation entitled "Closed Session OCSD & City Attorney". A hard copy of the presentation is on file with the City Clerk.

Motion by Councilmember Loeffler, second by Mayor Knoblock, CARRIED 5-0, to recess to Closed Session at 4:34 p.m. to discuss the following:

CLOSED SESSION WITH SHERIFF AND AGENCY COUNSEL ON MATTERS

POSING A SECURITY THREAT
Closed Session with the Orange County Sheriff’s Department and the City Attorney pursuant to Government Code section 54957(a) on matters posing a threat to the security of public buildings, a threat to the security of essential public services, a threat to the public’s right of access to public services or public facilities, or a threat to critical infrastructure controls.

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

BUSINESS MEETING
The Business Meeting reconvened at 5:37 p.m. with all City Councilmembers present.

115
City Council Regular Meeting Minutes May 6, 2025

INVOCATION
Assistant Pastor Steve Pascoe, Calvary Chapel San Clemente, gave the invocation.

PLEDGE OF ALLEGIANCE
Councilmember Cabral led the Pledge of Allegiance.

1. Special Presentations
Coastal Animal Services Authority General Manager Stinett presented “Corky” and “Mahoney” two adoptable kittens; shared information concerning adoption and fostering pets in need of a home.

2. Oral Communications (Part 1)
Michael A. Johnson, San Clemente, commented on actions by Councilmember Loeffler at the community coffee chat.

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

Lois McNicoll narrated a PowerPoint concerning sand erosion. A hard copy of the presentation is on file with the City Clerk.

Suzie Whitelaw narrated a PowerPoint presentation concerning placement of riprap boulders along the train tracks. A hard copy of the presentation is on file with the City Clerk.

Susie Lantz thanked the City for the State of the City Luncheon; announced upcoming San Clemente Chamber of Commerce events.

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

AYE: Cabral, Enmeier, Loeffler, Wu and Mayor Knoblock
NOE: None
Consideration of Reorganizing the Agenda
Motion by Councilmember Loeffler, second by Councilmember Cabral, to hear Item 13 A - Council Member Reports prior to Public Hearings.

Substitute motion by Mayor Knoblock, second by Councilmember Wu, CARRIED 3-2 (Councilmember Loeffler and Councilmember Cabral voting NOE) to keep Item 13 A - Council Member Reports at the end of the meeting, and to consider reorganizing future agendas under Future Agenda Item No. 12, Future Agenda Items. See page 18 of these minutes for a summary of discussion.

116
City Council Regular Meeting Minutes May 6, 2025
AYE: Enmeier, Wu and Mayor Knoblock
NOE: Cabral and Loeffler

4. Consideration of agendizing items requiring immediate action None.

5. Closed Session Report - City Attorney
City Attorney Mitchell provided the following Closed Session Report:

No reportable action concerning:

CLOSED SESSION WITH SHERIFF AND AGENCY COUNSEL ON MATTERS

POSING A SECURITY THREAT
Closed Session with the Orange County Sheriff’s Department and the City Attorney pursuant to Government Code section 54957(a) on matters posing a threat to the security of public buildings, a threat to the security of essential public services, a threat to the public’s right of access to public services or public facilities, or a threat to critical infrastructure controls.

6. Staff Communications
None.

7. Public Hearings
7A. PUBLIC HEARING TO CONSIDER THE ADOPTION OF THE 2025-2029

CONSOLIDATED PLAN INCLUDING THE AMENDED CITIZEN
PARTICIPATION PLAN, 2025-2026 ANNUAL ACTION PLAN FOR

EXPENDITURES OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS, AND THE 2025-2029 ORANGE COUNTY REGIONAL ASSESSMENT OF FAIR

HOUSING
Mayor Knoblock opened the Public Hearing.

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

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

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

Adopt Resolution No. 25-47, which will:

117
City Council Regular Meeting Minutes May 6, 2025

1. Approve the 2025-2029 Consolidated Plan with the amended Citizen Participation Plan and 2025-2026 Annual Action Plan (AAP); receive and file the 2025-2029 Orange County Regional Assessment of Fair Housing (OC-AFH).

2. Approve, and authorize the City Manager to submit the Consolidated Plan and Annual Action Plan (AAP) to the U.S Department of Housing and Urban Development (HUD) and execute the contract and related agreements, forms, and certifications.

3. Accept grant revenues of an estimated $312,427 from U.S Department of Housing and Urban Development (HUD) to Fund 017 - Community Development Block Grant (CDBG) Grants Fund.

4. Authorize a related budget appropriation of an estimated $312,427 to the Community Development Block Grant (CDBG) fund for the amounts in the 2025-2026 Annual Action Plan (AAP).

5. Direct staff to advertise next years Community Development Block Grant (CDBG) opportunities in a full-page ad in the San Clemente Times.

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

8. Unfinished Business
None.

9. New Business
9A. CONSIDERATION OF AND POTENTIAL INTRODUCTION (FIRST READING)

OF AN ORDINANCE TO IMPOSE TERM LIMITS ON CITY COMMISSION

AND/OR COMMITTEE MEMBERS
Councilmember Loeffler recused himself from consideration of imposing term limits on the Planning Commission due to his wife being a Planning Commissioner.

The City Council bifurcated the decision regarding term limits for City Commissions and Committees and considered all Commissions and Committees, with the exception of the Planning Commission, which was discussed separately.

Lois McNicoll spoke in support of term limits for City Commissions and Committees.

Scott McKhann, San Clemente, opined on the specialized experience needed on City Commissions and Committees; commented on City Council authority to

118
City Council Regular Meeting Minutes May 6, 2025
appoint members to City Commissions and Committees.

Susan Ambrose, San Clemente, opined that current City Commissions and Committee members should coach prospective members.

Motion by Mayor Pro Tem Enmeier, second by Councilmember Cabral, CARRIED 5-0, to direct staff to return to the May 20, 2025 Regular City Council meeting with a revised Ordinance that will impose term limits of 8 years (4 two-year terms) for a member on any one City Commission or Committee effective upon City Commission or Committee appointments beginning in 2026 for the Arts and Culture Committee; Beaches, Parks, and Recreation Commission; Community Safety and Welfare Committee; Golf Course Committee; and the Investment Advisory Committee.

AYE: Cabral, Enmeier, Loeffler, Wu and Mayor Knoblock
NOE: None
Councilmember Loeffler left the dais at 6:37 p.m. and left the City Council Chambers.

The City Council considered imposing term limits for the Planning Commission.

Karen Prescott-Loeffler, San Clemente, expressed concerns regarding term limits for the Planning Commission.

Amanda Quintanilla spoke in opposition to term limits for City Commissions and Committees.

Mike Kay expressed concerns regarding term limits for City Commissions and Committees.

Motion by Councilmember Cabral, second by Mayor Knoblock, CARRIED 4-0 (Councilmember Loeffler recused) to table consideration of term limits for the Planning Commission and take no action.

AYE: Cabral, Enmeier, Wu and Mayor Knoblock
NOE: None
RECUSED: Loeffler
Councilmember Loeffler returned to the dais at 6:51 p.m.

119
City Council Regular Meeting Minutes May 6, 2025
9B. CONSIDERATION OF A RESOLUTION AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF 2025 SPECIAL TAX REFUNDING BONDS OF
COMMUNITY FACILITIES DISTRICT NO. 2006-1 (MARBLEHEAD COASTAL) OF THE CITY OF SAN CLEMENTE IF INTEREST RATES ALLOW FOR A 3%

OR GREATER NET PRESENT VALUE SAVINGS, AND APPROVING THE

FORM OF A BOND INDENTURE, ESCROW AGREEMENT, BOND

PURCHASE AGREEMENT, PRELIMINARY OFFICIAL STATEMENT AND

CONTINUING DISCLOSURE AGREEMENT, AND AUTHORIZING OTHER

ACTIONS IN CONNECTION THEREWITH
Chief Administrative Officer Brower narrated a PowerPoint presentation entitled "Marblehead Coastal Community Facilities District (CFD) Authorization of Bond Issuance and Refunding" and responded to City Council inquiries. A hard copy of the presentation is on file with the City Clerk.

James Fabian, Fieldman, Rolapp & Associates, responded to City Council inquiries.

Motion by Councilmember Cabral, second by Mayor Pro Tem Enmeier, CARRIED 5-0, to adopt Resolution No. 25-48 entitled RESOLUTION OF THE

CITY COUNCIL OF THE CITY OF SAN CLEMENTE, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2006-1 (MARBLEHEAD COASTAL) OF THE CITY OF SAN CLEMENTE,
AUTHORIZING THE ISSUANCE OF ITS 2025 SPECIAL TAX REFUNDING

BONDS AND APPROVING CERTAIN DOCUMENTS AND TAKING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH.

AYE: Cabral, Enmeier, Loeffler, Wu and Mayor Knoblock
NOE: None
9C. DISCUSSION AND POSSIBLE DIRECTION ON THE OFFSHORE SAND

SOURCE INVESTIGATION PROJECT
Coastal Administrator Meyerhoff and Greg Hearon, Coastal Frontiers, narrated a PowerPoint presentation entitled "City of San Clemente Offshore Sand Source Investigation Exploration Plan Review" and responded to City Council inquiries.

A hard copy of the presentation is on file with the City Clerk.

Susie Whitelaw narrated a PowerPoint presentation concerning potential borrow sites. A hard copy of the presentation is on file with the City Clerk.

Lois McNicoll opined on dredging as the selected method for sand replenishment; urged the City Council to consider additional methods for sand retention.

120
City Council Regular Meeting Minutes May 6, 2025
Motion by Mayor Pro Tem Enmeier, second by Councilmember Loeffler, to:

1. To approve the alternative route, as proposed, which will initially search the Dana Point and San Mateo sites.

2. Direct Coastal Frontiers to determine the best location to begin the site investigations (north or south).

3. Allow for flexibility to modify the plan if additional funding is received from the Orange County Transportation Authority (OCTA).

Motion by Mayor Knoblock, DIED FOR A LACK OF SECOND, to:

1. To approve the alternative route with the addition of North Beach to the investigation sites.

2. Direct Coastal Frontiers to determine the best location to begin the site investigations (north or south).

3. Allow for flexibility to modify the plan if additional funding is received from the Orange County Transportation Authority (OCTA).

The original motion by Mayor Pro Tem Enmeier, second by Councilmember Loeffler, was considered and CARRIED 4-1 (Mayor Knoblock voting NOE) to:

1. To approve the alternative route, as proposed, which will initially search the Dana Point and San Mateo sites.

2. Direct Coastal Frontiers to determine the best location to begin the site investigations (north or south).

3. Allow for flexibility to modify the plan if additional funding is received from the Orange County Transportation Authority (OCTA).

AYE: Cabral, Enmeier, Loeffler and Wu
NOE: Mayor Knoblock
Meeting Recess
The meeting recessed at 8:04 p.m. and reconvened at 8:10 p.m. with all City Councilmembers present.

121
City Council Regular Meeting Minutes May 6, 2025

10. Consent Calendar
Public Comments
Item 10 B(5) - ZONING ADMINISTRATOR REGULAR MEETING MINUTES OF APRIL 17, 2025.

Louisa Spinelli, San Clemente, expressed concerns regarding the Zoning Administrator approved project located at 166 Avenida Aragon.

Item 10I - CONTRACT AWARD - SOUTH EL CAMINO REAL LANE

RECONFIGURATION AND BUFFERED BIKE LANE PROJECT FROM

AVENIDA MENDOCINO TO SOUTH CITY LIMIT, APPROVING A
SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $848,900 AND

MAKING FINDINGS UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
Amanda Quintanilla spoke in opposition to the reduction of lanes on El Camino Real.

Removed From the Consent Calendar for Discussion
The City Council removed item 10 B(5) - ZONING ADMINISTRATOR REGULAR MEETING MINUTES OF APRIL 17, 2025 from the Consent Calendar for discussion.

A. City Council Minutes
Motion by Councilmember Cabral, second by Mayor Pro Tem Enmeier, CARRIED 5-0, to:
(1) APPROVE THE CITY COUNCIL REGULAR MEETING MINUTES OF APRIL 15, 2025.

AYE: Cabral, Enmeier, Loeffler, Wu and Mayor Knoblock
NOE: None
B. Commission/Committee Minutes
Motion by Councilmember Cabral, second by Mayor Pro Tem Enmeier, CARRIED 5-0, to receive and file the following:

AYE: Cabral, Enmeier, Loeffler, Wu and Mayor Knoblock
NOE: None
(1) APPROVE THE INVESTMENT ADVISORY COMMITTEE REGULAR MEETING MINUTES OF JANUARY 27, 2025.
(2) BEACHES, PARKS AND RECREATION COMMISSION REGULAR MEETING MINUTES OF FEBRUARY 11, 2025.

122
City Council Regular Meeting Minutes May 6, 2025
(3) PUBLIC SAFETY COMMITTEE REGULAR MEETING MINUTES OF MARCH 25, 2025.
(4) DESIGN REVIEW SUBCOMMITTEE REGULAR MEETING MINUTES OF APRIL 9, 2025.

AYE: Cabral, Enmeier, Loeffler, Wu and Mayor Knoblock
NOE: None
C. Warrant Register
Motion by Councilmember Cabral, second by Mayor Pro Tem Enmeier, CARRIED 5-0, to:
(1) APPROVE WIRE TRANSFER NO.
3226 AND WARRANT NOS.
603880 THROUGH 604020, PAID ON
4-11-25, IN THE AMOUNT OF $3,886,911.08
(2) APPROVE WIRE TRANSFER NOS.
3227 THROUGH 3232 AND WARRANT NOS.
604021 THROUGH 604267, PAID ON
4-18-25, IN THE AMOUNT OF $1,636,316.88
TOTAL WARRANT REGISTER $5,523,227.96
AYE: Cabral, Enmeier, Loeffler, Wu and Mayor Knoblock
NOE: None
Payroll Register
Motion by Councilmember Cabral, second by Mayor Pro Tem Enmeier, CARRIED 5-0, to:

APPROVE AUTOMATIC DEPOSIT ADVISES
102286 THROUGH 102631, FOR THE PERIOD
3-31-25 THROUGH 4-13-25, PAID
ON 4-18-25, IN THE AMOUNT OF $531,663.24
TOTAL PAYROLL REGISTER $531,663.24
AYE: Cabral, Enmeier, Loeffler, Wu and Mayor Knoblock
NOE: None

123
City Council Regular Meeting Minutes May 6, 2025
10D. CONSIDERATION OF A RESOLUTION ACCEPTING A DONATION FROM

PIERPRIDE FOUNDATION, APPROVING THE REPLACEMENT OF THE

MUNICIPAL PIER TOP RAIL MATERIAL, APPROVING A ONE-TIME

EXPENSE AND FINDING THE PROJECT EXEMPT FROM THE CALIFORNIA

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

Adopt Resolution No. 25-49, which will:

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

2. Approve the replacement of the wooden pier railing with composite material.

3. Authorize the one-time use of funds from Capital Improvement Project No. 24102, General Pier Maintenance.

4. Accept a $20,000 donation from the PierPride Foundation to be dedicated towards the project.

AYE: Cabral, Enmeier, Loeffler, Wu and Mayor Knoblock
NOE: None
10E. ADOPTION OF CITY INVESTMENT POLICY
Motion by Councilmember Cabral, second by Mayor Pro Tem Enmeier, CARRIED 5-0, to adopt Investment Policy Number 202-1, effective January 27, 2025.

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

124
City Council Regular Meeting Minutes May 6, 2025
10F. NOTICE OF COMPLETION - WATER RECLAMATION PLANT (WRP) SODIUM

HYPOCHLORITE TANK REPLACEMENT
Motion by Councilmember Cabral, second by Mayor Pro Tem Enmeier, CARRIED 5-0, to:

Adopt Resolution No. 25-50, which will:

1. Accept the Water Reclamation Plant Sodium Hypochlorite Tank Replacement, CIP Project No. 23405, from the contractor, Jennette Company, Inc.

2. Authorize the City Clerk to execute and record the Notice of Completion for the Water Reclamation Plant Sodium Hypochlorite Tank Replacement.

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, Jennette Company, Inc.

4. Authorize the City Clerk to release the Performance Bond for this project upon receipt of a warranty bond in a form acceptable to the Public Works Director/City Engineer in the amount of 25% of the total construction cost.

AYE: Cabral, Enmeier, Loeffler, Wu and Mayor Knoblock
NOE: None
10G. NOTICE OF COMPLETION - DIGESTER NO. 2 CLEANING, RESIDUAL

DISPOSAL AND INSPECTION
Motion by Councilmember Cabral, second by Mayor Pro Tem Enmeier, CARRIED 5-0, to:

Adopt Resolution No. 25-51, which will:

1. Accept the Digester No. 2 Cleaning, Residual Disposal and Inspection, CIP Project No. 21203, from the contractor, M.P. Environmental Services, Inc.

2. Authorize the City Clerk to execute and record the Notice of Completion for the completed Digester No. 2 Cleaning, Residual Disposal and Inspection.

3. Authorize the City Clerk to release the Payment Bond 35 days from the

125
City Council Regular Meeting Minutes May 6, 2025
recordation of the Notice of Completion upon verification with the Engineering Division that no liens have been levied against the contractor, M.P. Environmental Services, Inc.

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

AYE: Cabral, Enmeier, Loeffler, Wu and Mayor Knoblock
NOE: None
10H. CONTRACT AWARD - FY 2025 MAJOR STREET MAINTENANCE, APPROVING A 15% PROJECT CONTINGENCY, AND FINDING THE

PROJECT CATEGORICALLY EXEMPT FROM THE CALIFORNIA

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

Adopt Resolution No. 25-52, which will:

1. Find the FY 2025 Major Street Maintenance, CIP Project No. 25303, 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 Major Street Maintenance contract to Roy Allan Slurry Seal, Inc.

3. Approve, and authorize the City Manager to execute, Contract No. C25- 18, by and between the City of San Clemente and Roy Allan Slurry Seal, Inc., providing for the FY 2025 Major Street Maintenance, in an amount not to exceed $370,517, in a form substantially similar to Contract No. 25- 18 (Attachment 3).

4. Approve a 15% construction contingency of $55,577 for this project.

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

126
City Council Regular Meeting Minutes May 6, 2025
10I. CONTRACT AWARD - SOUTH EL CAMINO REAL LANE

RECONFIGURATION AND BUFFERED BIKE LANE PROJECT FROM

AVENIDA MENDOCINO TO SOUTH CITY LIMIT, APPROVING A
SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $848,900 AND

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

Adopt Resolution No. 25-53, which will:

1. Make findings under the California Environmental Quality Act that no further environmental review is required.

2. Approve a supplemental appropriation of $848,900 from the Gas Tax Fund into Account No. 012-861-45300-000-11308.

3. Reject Diamond Construction & Design, Inc.'s bid as non-responsive and Award the South El Camino Real Lane Reconfiguration & Buffered Bike Lane Project, Federal Project No. CML-5274(039), FTIP No. ORA 190914, City CIP Project No. 11308, contract to ONYX Paving Company, Inc. as the lowest responsive and responsible bidder.

4. Approve, and authorize the City Manager to execute, Contract No. C25- 19, by and between the City of San Clemente and ONYX Paving Company, Inc., providing for the South El Camino Real Lane Reconfiguration & Buffered Bike Lane Project, in an amount not to exceed $1,639,000, in a form substantially similar to Contract No. C25- 19(Attachment 6).

5. Approve a 10% construction contingency of $163,900 for this project.

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

127
City Council Regular Meeting Minutes May 6, 2025
10J. CONTRACT AWARD - COST-OF-SERVICE STUDY FOR THE CITY’S WATER UTILITY, AND APPROVING AN 8.9% PROJECT CONTINGENCY
Motion by Councilmember Cabral, second by Mayor Pro Tem Enmeier, CARRIED 5-0, to:

Adopt Resolution No. 25-54, which will:

1. Award a Professional Services Agreement to Water Resources Economics, LLC for a Cost-of-Service Study for the City’s Water Utility for an amount not to exceed $73,465.

2. Approve, and authorize the City Manager to execute, Contract No. C25- 20, by and between the City of San Clemente and Water Resources Economics, LLC, providing for a Cost-of-Service Study for the City’s Water Utility, in an amount not to exceed $73,465.

3. Authorize the City Manager to approve amendments for additional services up to an 8.9% project contingency of $6,535, if needed.

AYE: Cabral, Enmeier, Loeffler, Wu and Mayor Knoblock
NOE: None
10K. CONTRACT AWARD - AS-NEEDED CONTRACTUAL PLANNING STAFF

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

Adopt Resolution No, 25-55, which will:

1. Award a professional services agreement to Community Counterpart Services Corp. and award a professional services agreement to The Code Group, Inc. dba VCA Code for as-needed contractual planning staff support.

2. Accept grant revenues in the amount of $131,000 to Account No. 001-000- 33446 (Coastal Grant Revenue).

3. Approve a supplemental appropriation of $131,000 to Account No. 001- 433-43890 (other contractual services) which will supplement existing budgeted funds for contract planning services.

4. Approve, and authorize the City Manager to execute, Contract No. C25- 21, by and between the City of San Clemente and Community Counterpart

128
City Council Regular Meeting Minutes May 6, 2025
Services Corp., providing for as-needed contractual planning staff support, for a term of two (2) years, in an amount not to exceed $50,000 annually.

5. Approve, and authorize the City Manager to execute, Contract No. C25- 22, by and between the City of San Clemente and The Code Group, Inc. dba VCA Code, providing for as-needed contractual planning staff support, for a term of two (2) years, in an amount not to exceed $50,000 annually.

AYE: Cabral, Enmeier, Loeffler, Wu and Mayor Knoblock
NOE: None
10L. CONTRACT AWARD - DESIGN SERVICES FOR THE VISTA HERMOSA SPORTS PARK MEADOWS DEVELOPMENT, APPROVING A 10% PROJECT

CONTINGENCY, AND MAKING FINDINGS UNDER THE CALIFORNIA

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

Adopt Resolution No. 25-56, which will:

1. Make consistency findings under the California Environmental Quality Act (CEQA).

1. Award a professional services agreement to Hirsch & Associates, Inc. for design services for the Vista Hermosa Sports Parks Meadows Development, PN 15108.

2. Approve, and authorize the City Manager to execute, Contract No. C25-23, by and between the City of San Clemente and Hirsch & Associates, Inc., providing for design services for the Vista Hermosa Sports Parks Meadows Development, in an amount not to exceed $143,873.

3. Approve a 10% project contingency.

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

129
City Council Regular Meeting Minutes May 6, 2025
10M. CONTRACT AMENDMENT - AUDIT SERVICES
Motion by Councilmember Cabral, second by Mayor Pro Tem Enmeier, CARRIED 5-0, to:

Adopt Resolution No. 25-57, which will:

Approve, and authorize the City Manager to execute, Amendment No. 2 to Contract No. C18-23, by and between the City of San Clemente and Lance, Soll & Lunghard, LLP, extending the auditor services for the next two fiscal years, in an amount no to exceed $134,750.

AYE: Cabral, Enmeier, Loeffler, Wu and Mayor Knoblock
NOE: None
10N. CONTRACT AMENDMENT - SUNDAY FARMERS MARKET, AND FINDING

THE PROJECT CATEGORICALLY EXEMPT FROM THE CALIFORNIA

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

Adopt Resolution No 25-58, which will:

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

2. Approve the First Amendment to Professional Services Agreement Contract No. C20-28 with Introductions Unlimited, Inc.

3. Approve, and authorize the City Manager to execute, Amendment No. 1 to Contract No. C20-28, by and between the City of San Clemente and Introductions Unlimited, Inc., for the operation of the San Clemente Sunday Farmers Market.

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

130
City Council Regular Meeting Minutes May 6, 2025
10O. CONTRACT AMENDMENT - WASTE DISPOSAL AGREEMENT, AND FINDING

THE AGREEMENT CATEGORICALLY EXEMPT FROM THE CALIFORNIA

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

Adopt Resolution No. 25-59, which will:

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

2. Approve, and authorize the City Manager to execute, Amendment No. 2 to Contract No. C97-93, by and between the City of San Clemente and the County of Orange, for the Waste Disposal Agreement.

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

ITEMS REMOVED FROM THE CONSENT CALENDAR FOR CONSIDERATION 10B5. ZONING ADMINISTRATOR REGULAR MEETING MINUTES OF APRIL 17, 2025.

Motion by Councilmember Loeffler, second by Mayor Knoblock, CARRIED 4-1 (Councilmember Wu voting NOE) to appeal the Zoning Administrator's approval concerning Public Hearing Project (PHP) 24-328; and Short Term Apartment Rental (STAR), Wyatt STAR, 166 Avendia Aragon for City Council consideration.

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

11. Oral Communications (Part 2)
Tony Rubolino commented on the "Council Corner" editorial by Mayor Pro Tem Enmeier on April 24, 2025 in the San Clemente Times.

131
City Council Regular Meeting Minutes May 6, 2025

12. Future Agenda Items
Olympic Planning Committee
Mayor Knoblock, with the support of Councilmember Loeffler and Councilmember Cabral, agendized consideration of establishing a Olympic Committee to assist with planning efforts for the 2028 Olympics.

Goat Grazing Program
Mayor Knoblock, with the support of Councilmember Cabral and Mayor Pro Tem Enmeier, agendized consideration of continuing the goat grazing program to reduce overgrown vegetation in open space.

Council Member Reports
By consensus, the City Council agreed to move City Council Member Reports after Oral Communications on future agendas.

13. Reports
A. Council Member Reports
Councilmember Cabral:
· Reported that he has previously attended Friday morning coffee chats at the Senior Center.
· Attended the Downtown Business Association (DBA) meeting concerning, Olympics, parking, and the upcoming car show on Avenida Del Mar. · Spoke at the Speakeasy community discussion concerning sand retention/replenishment.
· Attended the Medal of Valor Ceremony for the Orange County Sheriff’s Department (OCSD).
· Attended a meeting concerning an initiative for Beach Restoration/Public Safety.
· Took a helicopter tour with the Orange County Fire Authority (OCFA) to view the fire threats to the community.
· Attended the Springtacular event at Vista Hermosa Sports Park on April 19, 2025.
· Attended the lease renewal ceremony for San Onofre State Beach on April 21, 2025.
· Hosted a meeting with Greg Cruse concerning surfing and 2028 Olympic planning on April 24, 2025.
· Met with Janice Lim with Association of California Cities - Orange County (ACCOC) Tourism Committee concerning the 2028 Olympics planning. · Met with elected officials from Dana Point and San Juan Capistrano concerning the 2028 Olympics.
· Met with the Orange County Transportation Authority (OCTA) concerning

132
City Council Regular Meeting Minutes May 6, 2025
intercity transportation funding for the Olympics.
· Met with Darrell Johnson, Orange County Transportation Authority (OCTA), to discuss sand placement on San Clemente beaches.
· Spoke with the Southern California Association of Governments (SCAG) representative concerning potential infrastructure changes in preparation for the 2028 Olympics.
· Attended the Little Mermaid production at San Clemente High School on April 24, 2025.
· Attended the Pump Track opening on April 26, 2025.
· Attended the San Onofre Nuclear Generating Station (SONGS) Community Engagement Panel (CEP) meeting on April 28, 2025.
· Attended the Investment Advisory Committee meeting on April 28, 2025. · Attended the Orange County Fire Authority (OCFA) Legislative Advisory Committee meeting on April 30, 2025.
· Attended the Southern California Association of Governments (SCAG)/Cal Cities Conference May 1-2, 2025.
· Attended the State of the City on May 2, 2025 at Bella Collina. · Attended the Cinco de Mayo Fiesta celebration at Max Berg Plaza Park on May 3, 2025.
· Sent two letters in opposition to Senate Bill (SB) 634 (Perez) - Local Government: Homelessness.
· Attended the Cinco de Mayo celebration at City Hall on May 5, 2025. · Attended the Orange County Fire Authority (OCFA) Human Resources Committee meeting on May 6, 2025.
· Narrated a PowerPoint presentation regarding updates to city facilities (a hard copy is on file with the City Clerk).

Mayor Pro Tem Enmeier:
· Attended the Springtacular event at Vista Hermosa Sports Park April 19, 2025.
· Attended a Cal Cities conference in Sacramento April 22-25, 2025 and met with Senator Blakespear and Assemblywoman Davies.
· Attended the Little Mermaid production at San Clemente High School April 26, 2025.
· Planted a tree at the San Clemente Golf Course for Arbor Day on April 26, 2025.
· Attended the Earth Day Celebration at the San Clemente Pier on April 26, 2025.
· Attended the opening of the Pump Track on April 26, 2025. · Attended the State of the City at Bella Collina on May 2, 2025. · Attended the Cinco de Mayo Fiesta celebration at Max Berg Plaza Park on May 3, 2025.
· Recognized Erin Bro, San Clemente High School teacher, for receiving the Orange County Teacher of the Year award.

133
City Council Regular Meeting Minutes May 6, 2025
Councilmember Loeffler:
· Invited San Clemente Police Services Chief Chevalier to present crime statistics for the third quarter (January - March 2025).

Councilmember Wu:
· Attended the 2025 Medal of Valor Ceremony for OCSD on April 17, 2025. · Attended the Association of California Cities - Orange County (ACCOC) special meeting "Strengthening Integrity in Public Leadership" on April 17, 2025.
· Attended the “Leader in You” event at San Onofre State Beach. · Shadowed Community Outreach Workers and Orange County Sheriff's Department Deputy Garcia addressing homeless issues in the City on April 22, 2025.
· Attended the Arbor Day Tree Planting at the San Clemente Golf Course on April 26, 2025.
· Attended the Pump Track opening on April 26, 2025.
· Attended the Little Mermaid production at San Clemente High School on April 26, 2025.
· Attended the Crime Victims Ceremony at the Orange County Crime Victims Monument on April 29, 2025.
· Site visit at the Mariposa Bridge with Public Works Director/City Engineer Rebensdorf on April 29, 2025.
· Attended the surf board art show/auction at Drew Brophy Art Studio on April 30, 2025.
· Attended the Southern California Association of Governments (SCAG) Regional Conference May 1-2, 2025 in Palm Desert.
· Attended the State of the City at Bella Collina on May 2, 2025. · Attended the Asian American and Pacific Islander Heritage Month celebration at San Gabriel Mission Playhouse on May 3, 2025.
· Attended the Cinco de Mayo Fiesta celebration at Max Berg Plaza Park on May 3, 2025.
· Recognized Jewish American Heritage Month and all minority groups in San Clemente.
· Attended the Crystal Apple Awards presented by the Justserve Club on May 4, 2025.

B. City Attorney
None.

134
City Council Regular Meeting Minutes May 6, 2025
C. City Manager
City Manager Hall reported that the following contracts were executed under his signature authority:

1. John Robinson Consulting providing for Cross Connection Control Management Plan in the amount of $28,740.

2. Bleckert’s Power Services providing for Generator Bank Testing in the amount of $52,668.

3. Fischer Compliance, Inc., providing for Sewer System Master Plan in the amount of $29,900.

4. Trauma Intervention Specialist providing for professional and emotional practical support services in the amount of $8,578.

5. SWCA Environmental Consultants providing for Nesting Bird Surveys for the Avenida Montalvo Canyon and Trail Improvements in an amount not to exceed $11,790.

14. Adjournment
Motion by Mayor Knoblock, second by Mayor Pro Tem Enmeier, CARRIED 5-0, to adjourn at 8:57 p.m. in memory of retired City Clerk Myrna Erway. The next Regular Meeting will be held on May 20, 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: Cabral, Enmeier, Loeffler, Wu and Mayor Knoblock
NOE: None
_______________________________
Steve Knoblock, Mayor of the City of
San Clemente, California
_______________________________
CITY CLERK of the City of
San Clemente, California

135
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: May 20, 2025 Agenda Item: (1)
..ag endizedby
..end
Subject:
..titl e
Approve Warrant Nos.
604268 through 604388, paid on
4-25-25, in the amount of $709,256.80
..end
136
137
138
139
140
141
142
143
144
145
146
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: May 20, 2025 Agenda Item: (2)
..ag endizedby
..end
Subject:
..titl e
Approve Hand Write No. 604573,
Wire Transfer Nos. 3233
through 3241 and Warrant Nos.
604389 through 604572, paid on
5-2-25, in the amount of $1,446,276.82
..end
147
148
149
150
151
152
153
154
155
156
157
158
159
160
161
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: May 20, 2025 Agenda Item: (3)
..ag endizedby
..end
Subject:
..titl e
Approve Warrant Nos.
604574 through 604686, paid on
5-9-25, in the amount of $3,686,204.61
TOTAL WARRANT REGISTER $5,841,738.23 ..end
162
163
164
165
166
167
168
169
170
171
172
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: May 20, 2025 Agenda Item:
..ag endizedby
..end
Subject:
..titl e
Approve Automatic Deposit Advises
102632 through 102972, for the period
4-14-25 through 4-27-25, paid
on 5-2-25, in the amount of $529,954.59
TOTAL PAYROLL REGISTER $529,954.59 ..end
173
174
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: May 20, 2025 Agenda Item: 11D.

Submitted By: Public Works
Prepared By: Ryan Kim, Senior Civil Engineer - Traffic
David Rebensdorf, Public Works Director/City Engineer
Subject:
..titl e

CONSIDERATION OF A RESOLUTION TO ACCEPT AND FILE A NOTICE OF COMPLETION FOR THE CAMINO CAPISTRANO CROSSWALK IMPROVEMENTS, CIP PROJECT NO. 15321 ..body Fiscal Impact:

The total construction cost of $88,397 was significantly under the total approved budget amount of $100,000 from the Road Maintenance and Rehabilitation Fund, Account No. 011-864-45300- 000-15321.

Summary:

Before the City Council is a Resolution (Attachment 1) and Notice of Completion (Attachment 2) for the Camino Capistrano Crosswalk Improvements.

Background:

On August 20, 2024, the City Council awarded a construction contract to Bear Electrical Solutions, Inc. for the Camino Capistrano Crosswalk Improvements (Attachment 3). The Improvements includes flashing signs at the crosswalk, advance flashing warning signs, inroadway markings, speed feedback signs, and a red curb. The project will improve pedestrian crossing to an existing trolley stop.

After Installation
Eastbound Camino Capistrano Approach
to Via Breve
After Installation
Westbound Camino Capistrano Approach
to Via Breve
175
Meeting Date: May 20, 2025 Agenda Item: 11D.

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

Construction Management and Inspection $14,059
Construction $74,338
Total Project Construction Cost $88,397
Council Options:
 Adopt Resolution No. 25-63, which would accept the completed Camino Capistrano Crosswalk Improvements, CIP Project No. 15321.
 Adopt Resolution No. 25-63 with modifications.
 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 because it consists of the operation, repair, maintenance, permitting, leasing licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use
Recommended Actions:
..recommendation
Staff recommends that the City Council adopt Resolution No. 25-63, which will:

1. Accept the Camino Capistrano Crosswalk Improvements, CIP Project No. 15321, from Bear Electrical Solutions, Inc.;

2. Authorize the City Clerk to execute and record the Notice of Completion for the Camino Capistrano Crosswalk Improvements, CIP Project No. 15321;

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, Bear Electrical Solutions, 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. 25-63

2. Notice of Completion

3. Staff Report dated August 20, 2024 (without attachments) Notification:

None.
176
Attachment 1
RESOLUTION NO. 25-63

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, ACCEPTING AS

COMPLETE THE CAMINO CAPISTRANO CROSSWALK
IMPROVEMENTS, CIP PROJECT NO. 15321
WHEREAS, on August 20, 2024, the City Council awarded a construction contract to Bear Electrical Solutions, Inc. for the Camino Capistrano Crosswalk Improvements, CIP Project No. 15321; and
WHEREAS, the work consisted flashing signs at the crosswalk, advance flashing warning signs, in-roadway markings, speed feedback signs, and a red curb on Camino Capistrano; and
WHEREAS, Bear Electrical Solutions, Inc. 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 and incorporated fully herein.

SECTION 2. That the City Council accepts as complete the Camino Capistrano Crosswalk Improvements, CIP Project No. 15321.

SECTION 3. That the City Council authorizes the City Clerk to execute and record a Notice of Completion for CIP Project No. 15321.

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 Bear Electrical Solutions, 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/City Engineer 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. 177
Resolution No. 25-63 Page 2
ATTEST:
___________________________ __________________________
City Clerk of the City of Steve Knoblock, Mayor of the
San Clemente, California City of San Clemente, California

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 25-63 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
178
Attachment 2
Recording Requested By:

City of San Clemente
When Recorded, Mail To:

City Clerk 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: Capistrano Crosswalk Improvements, Project No. 15321.

2. Date of completion: April 3, 2025.

3. Street address or legal description of the project site: Crosswalk Improvements for the Intersection of Camino Capistrano and Via Breve.

4. Name of owner: City of San Clemente.

5. Interest or estate of owner: Public Facility.

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

7. Name and address of contractor: Bear Electrical Solutions, Inc.

I am the City Clerk 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. ____________________________________________
Laura Campagnolo, City Clerk
City of San Clemente
179
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: August 20, 2024 Agenda Item: 11H
Submitted By: Public Works
Prepared By: David Rebensdorf, Public Works Director/City Engineer Zak Ponsen, Assistant City Engineer
Ryan Kim, Senior Civil Engineer – Traffic
Subject:
..titl e

CONSIDERATION OF A RESOLUTION AWARDING A CONSTRUCTION CONTRACT TO BEAR ELECTRICAL SOLUTIONS, INC. FOR CAMINO CAPISTRANO CROSSWALK IMPROVEMENTS, CIP PROJECT NO. 15321, IN AN AMOUNT NOT TO EXCEED $74,338,

AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONSTRUCTION CONTRACT, AND

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

The estimated total construction cost of $74,338 is within the total approved budget amount of $100,000 from Account No. 011-864-45300-000-15321 the Road Maintenance/Rehab.

Summary:

Before the City Council is the award of a construction contract to Bear Electrical Solutions, Inc. in an amount not to exceed $74,338, and approval of a 15% project contingency, for the Camino Capistrano Crosswalk Improvements.

Background:

The Camino Capistrano Crosswalk Improvements includes flashing signs at the crosswalk, advance flashing warning signs, in-roadway markings, speed feedback signs, and a red curb as shown on Attachment 2. The project will improve pedestrian crossing to an existing trolley stop.

Eastbound Camino Capistrano Approach to Via Breve
1 Attachment 3
180
Meeting Date: August 20, 2024 Agenda Item: 11H

CITY OF SAN CLEMENTE
Westbound Camino Capistrano Approach to Via Breve
Project Plan
On July 2, 2024, staff reached out to local contractors, published a notice inviting bids for this project in the SC Times, and published a bid solicitation on PlanetBids. Bids were opened on August 9, 2024, and the results are presented in the table below. Bids ranged from $74,338 to $295,632. There were no bidders from any businesses based in San Clemente. The lowest responsive and responsible bidder is Bear Electrical Solutions, Inc. of Alviso, California with a total bid amount of $74,338.

Table 1. Bid Summary
Company Name Company Location Amount
Bear Electrical Solutions, Inc Alviso, CA $ 74,338.00
Pelagic Engineering Oxnard, CA $ 78,821.00
California Professional Engineering, Inc. La Puente, CA $ 81,210.28 1812
Meeting Date: August 20, 2024 Agenda Item: 11H

CITY OF SAN CLEMENTE
ISSA ELECTRIC INC Riverside, CA $ 89,995.00
Asad Holdings LLC Laguna Hills, CA $119,849.00
Sterndahl Enterprises LLC Sun Valley, CA $129,870.00
Pacific Pavers and Masonry Inc. Anaheim, CA $295,632.00 Based on the lowest bid, the total estimated project construction cost is $92,922 as summarized below:

Table 2. Cost Summary
Construction Management and Inspection $ 7,433.30
Construction $74,338.00
Contingency (15%) $11,150.70
Total Estimated Construction Cost $92,922.00
As required by state law and City policy, Bear Electrical Solutions, 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. 24-133 (Attachment 1), awarding the Camino Capistrano Crosswalk Improvements contract to Bear Electrical Solutions, Inc., authorizing the City Manager to execute a construction contract an amount not to exceed $74,338, approving a 15% project contingency of $11,150.70, 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. 24-133.
 Continue the item and direct staff to provide additional information.  Do not award the contract or construct the improvements.

Environmental Review/Analysis:

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

Recommended Actions:

Staff Recommendation
Staff recommends that the City Council adopt Resolution No. 24-133, which will:
..recommendation

1. Find the Camino Capistrano Crosswalk Improvements, CIP Project No. 15321, categorically exempt from the CEQA under Class 1 (Existing Facilities, 14 CCR section 15301) of the State CEQA Guidelines;
1823
Meeting Date: August 20, 2024 Agenda Item: 11H

CITY OF SAN CLEMENTE

2. Award the Camino Capistrano Crosswalk Improvements, CIP Project No. 15321, contract to Bear Electrical Solutions, Inc.;

3. Authorize the City Manager to execute a contract with Bear Electrical Solutions, Inc. in an amount not to exceed $74,338, in a form substantially similar to Contract No. 24-47 (Attachment 3) for the Camino Capistrano Crosswalk Improvements, CIP Project No. 15321; and

4. Approve a 15% construction contingency of $11,150.70 for this project. ..end
Attachment:

1. Resolution No. 24-133

2. Improvements

3. Contract No. C24-47
Notification:

All bidders
1834
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: May 20, 2025 Agenda Item: 11E.

Submitted By: Public Works
Prepared By: Belgin Cuhadaroglu, P.E., Senior Civil Engineer Subject:
..titl e

CONSIDERATION OF A RESOLUTION TO ACCEPT AND FILE NOTICE OF COMPLETION FOR THREE LIFEGUARD TOWERS REPLACEMENT (2024), CIP PROJECT NO. 22104 ..body Fiscal Impact:

The total project construction cost of $123,916 was under the approved construction budget of $142,250 from the General Fund, Lifeguard Towers Replacement (2024), Account No. 001-641- 45700-000-22104.

Summary:

Before the City Council is a Resolution (Attachment 1) and Notice of Completion (Attachment 2) for three Lifeguard Towers Replacement (2024). This is the first phase for the replacement of all 11 towers over the next several years.

Background:

On November 19, 2024, the City Council
awarded a construction contract to Pantheon
Diversified, Inc., a local contractor, for the
replacement of three Lifeguard Towers that are
nearing the end of their useful lives.

Lifeguard Tower Locations
184
Meeting Date: May 20, 2025 Agenda Item: 11E.

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

Construction Management and Inspection $ 7,000
Construction 116,916
Total Project Construction Cost $123,916
Council Options:
 Adopt Resolution No. 25-64 (Attachment 3), which would accept the completed construction work for three Lifeguard Towers Replacement, Project No. 22104.  Adopt Resolution No. 25-64 with modifications.
 Continue the item with direction to provide additional information.

Environmental Review/Analysis:

Acceptance and filing of a notice of completion is not a project pursuant to CEQA. The work undertaken was previously determined to be categorically exempt from the California Environmental Quality Act (CEQA) under Class 2 (Replacement or Reconstruction - 14 CCR §15302) of the State CEQA Guidelines.

Recommended Actions:

Staff recommends that the City Council adopt Resolution No. 25-64, which will:
..recommendation

1. Accept three Lifeguard Towers Replacement, CIP Project No. 22104, from Pantheon Diversified, Inc.;

2. Authorize the City Clerk to execute and record the Notice of Completion for the completed three Lifeguard Towers Replacement;

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, Pantheon Diversified, 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. 25-64

2. Notice of Completion

3. Staff Report dated November 19, 2024
Notification:

None.
185
Attachment 1
RESOLUTION NO. 25-64

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, ACCEPTING AS

COMPLETE THREE LIFEGUARD TOWERS
REPLACEMENT, CIP PROJECT NO. 22104
WHEREAS, on November 19, 2024, the City Council awarded a construction contract to Pantheon Diversified, Inc., for the replacement of three Lifeguard Towers that are nearing the end of their useful lives, PN-22104; and WHEREAS, all 11 Lifeguard Towers are planned for replacement over the next several fiscal years based on approval by the City Council; and WHEREAS, Pantheon Diversified, Inc., has completed the work for PN-22104 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 and incorporated fully herein.

SECTION 2. That the City Council accepts as complete three (3) Lifeguard Towers Replacement, CIP Project No. 26001, from Pantheon Diversified, Inc.

SECTION 3. That the City Council authorizes the City Clerk to execute and record a Notice of Completion for CIP Project No. 22104.

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 Pantheon Diversified, 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/City Engineer 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. 186
Resolution No. 25-64 Page 2
ATTEST:
___________________________ __________________________
City Clerk of the City of Steve Knoblock, Mayor of the
San Clemente, California City of San Clemente, California

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 25-64 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
187
Attachment 2
Recording Requested By:

City of San Clemente
When Recorded, Mail To:

City Clerk 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: Lifeguard Towers Replacement, Project No. 22104.

2. Date of completion: May 2, 2025.

3. Street address or legal description of the project site: San Clemente Beach Trail, San Clemente, CA 92672.

4. Name of owner: City of San Clemente.

5. Interest or estate of owner: Easement.

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

7. Name and address of contractor: Pantheon Diversified, Inc., 3 Albergar, San Clemente, CA 92672.

I am the City Clerk 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. _________________________________
Laura Campagnolo, City Clerk of the City of San Clemente, California.
188
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: November 19, 2024 Agenda Item: 11I
Submitted By: Public Works
Prepared By: Belgin Cuhadaroglu, Senior Civil Engineer
Subject:
..titl e

CONSIDERATION OF A RESOLUTION AWARDING A CONSTRUCTION CONTRACT TO PANTHEON DIVERSIFIED, INC. FOR LIFEGUARD TOWERS REPLACEMENT (2024), CIP PROJECT NO. 22104, AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT IN THE AMOUNT OF $115,000, AND FINDING THE PROJECT CATEGORICALLY EXEMPT FROM THE ..body CALIFORNIA ENVIRONMENTAL QUALITY ACT
Fiscal Impact:

The estimated construction cost of $142,250 is within the approved available budget of $256,960 from the General Fund, Lifeguard Towers Replacement (2024), Account No. 001-641-45700-000- 22104. By re-bidding the project with a different scope, the City will be able to achieve costs savings with this contract, which represents a reduced unit cost per building from $72,200 to $38,333.

Summary:

Before the City Council is the award of a construction contract to Pantheon Diversified, Inc. for the replacement of three Lifeguard Towers that are nearing the end of their useful lives in the amount of not-to-exceed $115,000, and approval of a 15% project contingency.

Background:

The beaches in San Clemente accommodate approximately 2.6 million visitors each year. The Marine Safety Department has responsibility for the provision of visitors safety and water related lifeguard services. To maintain and enhance emergency responses, lifeguard towers are utilized by staff for improved visibility and containment of safety equipment. Currently, lifeguards utilize 11 towers, ten wooden and one fiberglass, of which, nine are nearing the end of their useful life.

Lifeguard Tower Locations San Clemente Pier
1 Attachment 3
189
Meeting Date: November 19, 2024 Agenda Item: 11I

CITY OF SAN CLEMENTE
Staff is recommending the new replacement towers be
constructed from wood due to staff preference, improved safety, and challenges with obtaining replacement parts for fiberglass towers. Additional funding for replacement of the towers has been budgeted and recommended in Fiscal Years 2025/2026,
2026/2027, and 2027/2028, in the
total amount of $550,000. The City
is planning to replace 2-3 towers
that are nearing the end of their
useful lives each year, depending
upon the available of funding.

The City originally conducted formal
competitive bidding for four
lifeguard tower replacements and
received bids on November 28,
2023 with a price from the lowest
responsive of $288,800 for the
construction of four towers (or unit cost per building of $72,200). After further evaluation, staff recommended a different scope of work including building adequately sized lifeguard towers (i.e., larger space) and providing a work area for the contractor near the Marine Safety HQ Building that would eliminate transportation challenges and costs. On September 17, 2024, the City Council approved rejecting the bids received on November 28, 2023, and directed staff to re-bid the project.

City staff modified the scope of work and prepared a bid package for the replacement of the two lifeguard towers plus one alternate tower, notified local contractors, and advertised the project for competitive bidding on the PlanetBids website and in the SC Times. Three bids were received on October 31, 2024, ranging from $79,450 to $141,700 for the Base Bid and from $35,000 to $61,800 for the one alternate bid item as shown on the table below.

Vendor Name City Base Bid ($) Alternate ($)
Pantheon Diversified, Inc San Clemente 79,450 35,550
Rasmussen Brothers
Construction, Inc Fallbrook 89,600 44,800
Monarch Construction San Clemente 141,700 61,800
Staff is recommending awarding the contract based on the lowest base bid (i.e., two towers) as well as awarding the alternate bid (i.e., one tower), the total estimated project construction cost for three tower replacements is summarized below:
1902
Meeting Date: November 19, 2024 Agenda Item: 11I

CITY OF SAN CLEMENTE
Project Management and Administration $ 10,000
Construction Contract 115,000
Contingency (15%) 17,250
Total Estimated Construction Costs $142,250
As required by state law and City policy, the Contractor will be required to provide performance and payment bonds simultaneously with execution of the construction contract (Attachment 2).

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

Council Options:
 Adopt Resolution No. 24-181 (Attachment 1), awarding a construction contract to Pantheon Diversified, Inc. for construction of Lifeguard Towers Replacement (2024), authorizing the City Manager to execute a construction contract in an amount of $115,000; approving a 15% project contingency of $17,250, and finding the project categorically exempt from CEQA.  Modify and adopt Resolution No. 24-181.
 Continue the item and direct staff to provide additional information.  Do not adopt Resolution No. 24-181 and put the project on hold.

Environmental Review/Analysis:

This project is categorically exempt from the California Environmental Quality Act (CEQA) under Class 2 of the State CEQA Guidelines, Section 15302 – Replacement of Existing Facilities, since it consists of replacement of existing lifeguard towers where the new towers will be located on the same site as the towers replaced and will have substantially the same purpose and capacity.

Recommended Actions:

Staff Recommendation ..recommendation
Staff recommends that the City Council adopt Resolution No. 24-181, which will:
..recommendation

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

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

3. Authorize the City Manager to execute a construction contract with Pantheon Diversified, Inc. in the amount of $115,000, in a form substantially similar to Contract No. C24-71 (Attachment 2); and

4. Approve a 15% project contingency of $17,250.
..end
1913
Meeting Date: November 19, 2024 Agenda Item: 11I

CITY OF SAN CLEMENTE
Attachment:

1. Resolution 24-181

2. Draft Contract C24-71
Notification:

All Bidders
1924
Attachment 1
4882-9904-3949 v1
RESOLUTION NO. 24-181

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF SAN CLEMENTE, CALIFORNIA, AWARDING A

CONSTRUCTION CONTRACT TO PANTHEON
DIVERSIFIED, INC. FOR LIFEGUARD TOWERS
REPLACEMENT (FY 2024), CIP PROJECT NO. 22104,

AUTHORIZING THE CITY MANAGER TO EXECUTE A
CONSTRUCTION CONTRACT WITH U.S. BUILDERS
AND CONSULTANTS, INC. IN THE AMOUNT OF
$115,000, AND FINDING THE PROJECT

CATEGORICALLY EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT UNDER CLASS 2 OF
THE CEQA GUIDELINES SECTION 15302
(REPLACEMENT OF EXISTING FACILITIES, 14 CCR
SECTION 15302)
WHEREAS, the City’s beaches are served from 11 lifeguard towers that are near the end of their useful life and are in need of repairs; and WHEREAS, the City originally conducted formal competitive bidding for four lifeguard towers replacements and received bids on November 28, 2023; and WHEREAS, after further evaluation, staff recommended a different scope of work: building large lifeguard towers versus small towers and inclusion of a work area near Marine Safety HQ Building for contractors to build the lifeguard towers on site, thus eliminating the transportation challenges and costs; and WHEREAS, on September 17, 2024, the City Council approved rejecting all bids received on November 28, 2023, and directed staff to re-bid the project with the modified scope of work; and
WHEREAS, the City conducted formal competitive bidding for the Lifeguard Towers Replacement (FY 2024), CIP Project No. 22104 (Project), with the modified scope of work; and
WHEREAS, on October 31, 2024, based on base bid, the City received three bids ranging from $79,450 to $141,700 for the Project; and WHEREAS, the lowest responsive and responsible bidder was Pantheon Diversified, Inc. of San Clemente, California, in the amount of $115,000, based on the low base bid and the alternate bid item.

NOW, THEREFORE, the City Council of the City of San Clemente does 1935
Resolution No. 24-181 Page 2
4882-9904-3949 v1
hereby find, determine and resolve as follows:

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

SECTION 2. That based on the record as a whole, the Lifeguard Towers Replacement, Project No. 22104, is categorically exempt from the California Environmental Quality Act (CEQA) under Class 2 (Replacement or Reconstruction, 14 CCR section 15302) of the State CEQA Guidelines because it consists of replacing existing public structures or facilities, involving negligible or no expansion of an existing or former use and there is no possibility of a direct or foreseeable indirect significant impact on the environment.

SECTION 3. That the lowest responsive and responsible bidder for the base bid was Pantheon Diversified, Inc., in the amount of $115,000, and the construction contract for the Lifeguard Towers Replacement (FY 2024) CIP Project No. 22104, is hereby awarded to Pantheon Diversified, Inc.

SECTION 4. That the City Manager is authorized and directed to execute a construction contract with Pantheon Diversified, Inc. in the amount of $115,000 for the Lifeguard Towers Replacement (FY 2024), CIP Project No. 22104, in a form substantially similar to that presented to the City Council on November 19, 2024.

SECTION 5. That a 15% project contingency in the amount of $17,250 is hereby approved.

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

PASSED AND ADOPTED this _____ day of ____________________, 2024.

ATTEST:
___________________________ __________________________
City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California
1946
Resolution No. 24-181 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. 24-181 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
1957
ATTACHMENT 2
SECTION 00500

CONTRACT
THIS CONTRACT is made this _____ day of _________, 2024, in the County of Orange, State of California, by and between the City of San Clemente hereinafter called City, and Pantheon Diversified, Inc., a California corporation, located at 3 Albergar, San Clemente, CA 92672 hereinafter called Contractor. City and the Contractor for the considerations stated herein agree as follows:

ARTICLE 1. SCOPE OF WORK. The Contractor shall perform all Work within the time stipulated the contract and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict compliance with the Contract Documents as specified in Article 5 below for the following Project:

LIFEGUARD TOWERS REPLACEMENT (FY 2024), P.N. 22104
The Contractor and its surety shall be liable to City for any damages arising as a result of the Contractor’s failure to comply with this obligation.

ARTICLE 2. TIME FOR COMPLETION. The Work shall be commenced on the date stated in City’s Notice to Proceed. The two towers must be delivered to the site or fully assembled within 60 working days from the date specified in the written Notice to Proceed. The alternate item, 3rd tower must be delivered to the site or fully assembled within 90 working days from the date specified in the written Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work.

ARTICLE 3. CONTRACT PRICE. City shall pay to the Contractor as full compensation for the performance of the Contract and the Work, which includes everything that is reasonably foreseeable related thereto, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of one hundred fifteen thousand dollars ($115,000). Payment shall be made as set forth in the General Conditions.

At any time during the term of the Contract, City may, pursuant to the terms and provisions of the Contract Documents, request that the Contractor perform additional work. Contractor shall not perform, nor be compensated for, additional work without written authorization from the City pursuant to the terms and provisions of the Contract Documents.

ARTICLE 4. LIQUIDATED DAMAGES/EARLY COMPLETION INCENTIVE. In accordance with Government Code section 53069.85, it is agreed that the Contractor will pay City the sum of $500 for each and every calendar day of delay, for each tower, which is beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event that Liquidated Damages are not paid, the Contractor agrees City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Article does not exclude recovery of other damages specified in the Contract Documents.

ARTICLE 5. COMPONENT PARTS OF THE CONTRACT. The “Contract Documents” include the following:

Contract
Bid Form
1968
Contractor’s Certificate Regarding Workers’ Compensation Bid Bond
Non-Collusion Declaration form
Information Required of Bidders
Designation of Subcontractors
Iran Contracting Act Certification
Public Works Contractor Registration Certification
Performance Bond
Payment Bond
General Conditions
Special Conditions
Technical Specifications
Plans and Drawings
Addenda
Approved and fully executed change orders
Any other documents contained in or incorporated into the Contract The Contactor shall complete the Work in strict accordance with all of the Contract Documents.

All of the Contract Documents are intended to be complementary. Work required by one of the Contract Documents and not by others shall be done as if required by all. This Contract shall supersede any prior agreement of the parties.

ARTICLE 6. PROVISIONS REQUIRED BY LAW. Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Project.

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

ARTICLE 8. PREVAILING WAGES. Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates shall be made available at Office of City Clerk or may be obtained online at http//www.dir.ca.gov/dlsr. and which must be posted at the job site.

IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and year above written.
1979
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be duly executed effective on the day and year above written.

CITY OF SAN CLEMENTE
By:________________________________
Andy Hall, City Manager
ATTEST:

Dated: ____________________, 2024
______________________________
CITY CLERK of the City of
San Clemente, California
APPROVED AS TO FORM:
____________________________
Elizabeth A. Mitchell, City Attorney

APPROVED AS TO AVAILABILITY
OF FUNDING:
________________________________
Finance Authorization
PANTHEON DIVERSIFIED, INC.
(“CONTRACTOR”)
By:_____________________________
John A. Diponio, President/CEO/CFO
Dated: __________________, 2024
By:_____________________________
Gwendolyn Dale Diponio, Secretary
Dated: __________________, 2024

END OF CONTRACT
19810
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: May 20, 2025 Agenda Item: 11F.

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

CONSIDERATION OF A RESOLUTION TO ACCEPT AND FILE NOTICE OF COMPLETION FOR THE RICHARD T. STEED MEMORIAL PARK PUMP TRACK, CIP NO. 15109 ..body Fiscal Impact:

The final cost of the Richard T. Steed Memorial Park Pump Track, CIP No. 15109, was $622,000, which was funded in part from the Park Asset Replacement Fund in Fiscal Year 2024-2025 Capital Improvement Program (Fund 862) of $302,000 and in part from donations from Shimano, Inc. ($200,000), Friends of San Clemente Beaches, Parks & Recreation Foundation ($100,000) and Orange County Mountain Bike Association ($20,000).

Summary:

Staff recommends that the City Council accept the Richard T. Steed Memorial Park Pump Track as complete, direct the City Clerk to file a Notice of Completion with the Orange County Recorder's Office, and authorize the release of payment retention in accordance with the terms of the contract.

Background:

In response to growing community interest in action sports and youth recreation, the City of San Clemente approved the development of a bicycle pump track facility at Richard T. Steed Memorial Park.

On December 10, 2024, City Council awarded a construction contract to American Ramp Company in the amount of $605,500 for the design and construction of the San Clemente Pump Track. The pump track features a professionally engineered, asphalt-surfaced looped riding course suitable for all skill levels. The facility enhances the City's commitment to active recreation, youth engagement, and expanded amenities at Richard T. Steed Memorial Park.

The contractor, American Ramp Company (“ARC”), has fulfilled all contractual obligations. The Beaches, Parks and Recreation Department, in collaboration with the Public Works Department, reviewed the completed work and confirmed that it meets project specifications and quality standards as of the date of completion.

A summary of the total construction expenditures is provided below:

Site Survey Work $16,500
Construction + Construction Management $605,500
Total $622,000
199
Meeting Date: May 20, 2025 Agenda Item: 11F.

CITY OF SAN CLEMENTE 2
ARC completed its work on April 2, 2025. The facility was officially opened for public use on April 26, 2025.

Council Options:
• Adopt Resolution No. 25-65, which would accept the completed Richard T. Steed Memorial Park Pump, CIP No. 15109.
• Modify and adopt Resolution No. 25-65.
• Continue the item with direction to provide additional information.

Environmental Review/Analysis:

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

Recommended Actions:

Staff Recommendation ..recommendation
Staff recommends the City Council adopt Resolution No. 25-65, which will:

1. Accept the San Clemente Pump Track, CIP No. 15109, from American Ramp Company; and

2. Authorize the City Clerk to execute and record Notice of Completion for the San Clemente Pump Track, CIP No. 15109; and
200
Meeting Date: May 20, 2025 Agenda Item: 11F.

CITY OF SAN CLEMENTE 3

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, American Ramp Company; and

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

1. Resolution No. 25-65

2. Notice of Completion San Clemente Pump Track
Notification:

American Ramp Company
201
Attachment 1
RESOLUTION NO. 25-65

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, ACCEPTING THE
COMPLETION OF THE RICHARD T. STEED MEMORIAL

PARK PUMP TRACK PROJECT BY AMERICAN RAMP

COMPANY AND DIRECTING THE CITY CLERK TO FILE A

NOTICE OF COMPLETION WITH THE ORANGE COUNTY

RECORDER'S OFFICE
WHEREAS, on December 10, 2024, the City Council of the City of San Clemente awarded a construction contract to American Ramp Company in the amount of $605,000 for the design and construction of the Richard T. Steed Memorial Park Pump Track; and WHEREAS, construction of the project commenced in February 2025 and was substantially completed in March 2025, with final inspections and punch-list items completed on April 2, 2025; and
WHEREAS, the completed project provides a professionally designed asphalt pump track facility that supports community health, youth engagement, and action sports recreation in San Clemente; and
WHEREAS, City staff has inspected the work and determined that it has been completed in accordance with the plans and specifications, and recommends acceptance of the project as complete.

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

SECTION 1. The work performed by American Ramp Company for the Richard T.

Steed Memorial Park Pump Track Project (CIP Project No. 15109) is hereby accepted as complete.

SECTION 2. The City Clerk is hereby directed to execute and file a Notice of Completion for said project with the Orange County Recorder's Office.

SECTION 3. The City Clerk is authorized to release all retained funds in accordance with the contract and applicable laws following the 35-day lien period.

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 ____________________, _______. 202
Resolution No. 25-65 Page 2
ATTEST:
___________________________ __________________________
City Clerk of the City of Steve Knoblock, Mayor of the
San Clemente, California City of San Clemente, California

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 25-65 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
203
Attachment 2
Recording Requested By:

City of San Clemente
When Recorded, Mail To:

City Clerk 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: RICHARD T. STEED MEMORIAL PARK PUMP TRACK, CIP NO. 15109.

2. Street address or legal description of the project site: 301 Calle Extremo, San Clemente, CA 92672; APN 690-552-06; N TR 12126 BLK LOT 2 TR 12126 LOT 2 POR OF LOT AND POR OF LOT B.

3. Date of Completion: April 2, 2025

4. Name of owner: City of San Clemente.

5. Interest or estate of owner: Fee.

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

7. Name and address of contractor: American Ramp Company, 601 S. McKinley Ave., Joplin, MO 64801.

I am the City Clerk 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. _________________________________
Laura Campagnolo, City Clerk
City of San Clemente
204
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: May 20, 2025 Agenda Item: 11G.

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

CONSIDERATION OF A RESOLUTION AWARDING PROFESSIONAL SERVICES AGREEMENTS TO DEREK J. MCGREGOR INC. (DBA DMC ENGINEERING), WEST COAST CIVIL, INC., AND TKE ENGINEERING, INC. FOR AS-NEEDED ENGINEERING DEVELOPMENT PLAN ..body REVIEW SERVICES
Fiscal Impact:

When work is authorized under these proposed agreements, it will be funded from approved yearly expenditure budgets for engineering plan check services. However, these costs are offset by revenue from plan check fees by project applicants or from plan review deposit accounts funded by the developers.

Summary:

Before the City Council is a resolution awarding three professional services agreements to provide for as-needed plan check support services, each with an annual maximum cost cap of $70,000.

Background:

The Public Works Department/Engineering Division provides engineering plan check services for private developments within the City. This includes review and approval of grading projects for new construction, significant redevelopment involving grading, subdivisions, and landslide repairs, etc. The Engineering Division has used plan check consultants for several decades in order to supplement city staff to help provide timely plan check services without the need for staff increases due to fluctuating plan check needs. Although staff expects to handle most of the routine plan check projects, the recommended consultants will provide assistance when needed for more complex submittals and to help review applications during high-demand periods to ensure that these are reviewed and approved in a timely manner.

Discussion:

Staff researched local consultants that may have the experience necessary to meet the Request for Proposals (RFP) requirements, and issued a Request for Proposals (Attachment 1) on Planet Bids. Staff received nine proposals, none of which were from companies based in San Clemente.

Consultant qualifications were evaluated and ranked based on the Request for Proposals criteria.

Five firms were invited to more in-depth interviews, and three firms were selected for the recommended as-needed agreement based on their experience, familiarity with the City, staff resources, and record of success on similar types of work. The recommended firms are Derek J.

McGregor, Inc. (dba DMc Engineering), West Coast Civil, Inc., and TKE Engineering, Inc. 205
Meeting Date: May 20, 2025 Agenda Item: 11G.

CITY OF SAN CLEMENTE 2
The recommended professional services agreements would each have an initial term of three years, with the option for up to two additional one-year terms with satisfactory performance.

Historically, the City Council has awarded similar agreements with cost caps of up to $120,000 per year per consultant. However, staff is recommending reducing the cost cap to $70,000 per year per consultant since more plan checks are anticipated to be completed with in-house staff.

Each agreement is proposed to have hourly rates and actual time spent for each plan check.

Hourly rates are proposed to be adjusted annually by the Consumer Price Index. The annual total paid to each consultant will depend on how many plan checks are assigned and, since these are as-needed agreements, there is no guarantee as to how much work might be assigned to any of the consultants. Consistent with current practice, staff reviews and monitors consultant costs and plan check turnaround times.

Council Options:
 Adopt Resolution No. 25-66, which would award professional services agreements to Derek J.

McGregor, Inc. (dba DMc Engineering), West Coast Civil, Inc. and TKE Engineering, Inc. for on-call engineering plan review services, and authorize the City Manager to execute the three contracts each for three-year terms and each not to exceed $70,000 per year, with two optional one-year extensions exercisable by the City Manager’s discretion.  Modify and adopt Resolution No. 25-66.
 Continue the item and direct staff to provide additional information.  Do not award the contracts to Derek J. McGregor, Inc. (dba DMc Engineering), West Coast Civil, Inc. and TKE Engineering, Inc. for as-needed engineering plan check services and provide direction to staff.

Environmental Review/Analysis:

Not a “project” under the California Environmental Quality Act (CEQA) Guidelines section 15378 (14 CCR section 15378). Performing of Plan Review Services has no potential result in either a direct or physical change in the environment or a reasonably foreseeable indirect physical change in the environment. Each project reviewed will undergo CEQA analysis separately.

Recommended Actions:

Staff Recommendation ..recommendation
Staff recommends that the City Council Adopt Resolution No. 25-66, which would:

1. Award professional services agreements to Derek J. McGregor Inc. (dba DMc Engineering), West Coast Civil, Inc., and TKE Engineering, Inc. for on-call engineering plan check services on an as needed basis; and

2. Authorize the City Manager to execute a professional services agreement (Attachment 2) with Derek J. McGregor Inc. (dba DMc Engineering) for a term of three (3) years in an amount not to exceed $70,000 annually with two optional one-year extensions exercisable in the City Manager’s discretion; and
206
Meeting Date: May 20, 2025 Agenda Item: 11G.

CITY OF SAN CLEMENTE 3

3. Authorize the City Manager to execute a professional services agreement (Attachment 3) with West Coast Civil, Inc. for a term of three (3) years in an amount not to exceed $70,000 annually with two optional one-year extensions exercisable in the City Manager’s discretion; and

4. Authorize the City Manager to execute a professional services agreement (Attachment 4) with TKE Engineering, Inc, for a term of three (3) years in an amount not to exceed $70,000 annually with two optional one-year extensions exercisable in the City Manager’s discretion. ..end
Attachment:

1. Resolution No. 25-66

2. Professional Services Agreement with Derek J. McGregor, Inc. (DMc Engineering)

3. Professional Services Agreement with West Coast Civil, Inc.

4. Professional Services Agreement with TKE Engineering, Inc.

5. Request for Proposal

6. Derek J. McGregor, Inc. (DMc Engineering) Proposal

7. West Coast Civil Inc. Proposal

8. TKE Engineering, Inc. Proposal
Notification:

All proposers.
207
Attachment 1
RESOLUTION NO. 25-66

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, APPROVING THREE

SEPARATE PROFESSIONAL CONSULTING SERVICES

AGREEMENTS FOR AS-NEEDED ENGINEERING PLAN

REVIEW SERVICES AND AUTHORIZING THE CITY

MANAGER TO EXECUTE THE THREE-YEAR CONTRACTS
IN AMOUNTS NOT TO EXCEED $70,000 EACH PER YEAR
WHEREAS, the Engineering Division requires outside plan review services to augment City staff; and
WHEREAS, a request for proposals was prepared for on-call (as-needed) geotechnical plan review services and nine (9) responsive proposals were received; and WHEREAS, after evaluation of the proposals received and interviews of leading firms, Derek J. McGregor, Inc. (DMc Engineering), West Coast Civil, Inc., and TKE Engineering, Inc. have submitted the best proposals, are the most qualified companies to perform the services needed, and have prices that are fair and reasonable; and WHEREAS, utilizing multiple companies for on-call (as-needed) plan review services allows flexibility to ensure expected deadlines and turnaround times are met as the workload fluctuates and is in the best interests of the City and the public.

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

SECTION 1. That the above recitals are true and correct and incorporated herein fully by reference.

SECTION 2. That professional services agreements for on-call (as-needed) engineering plan review services are hereby awarded to Derek J. McGregor, Inc. (DMc Engineering), West Coast Civil, Inc., and TKE Engineering, Inc.

SECTION 3. That the City Manager is authorized and directed to execute a professional services agreement with Derek J. McGregor, Inc. (DMc Engineering) for a term of three years with two optional additional 1-year extensions in an amount not to exceed $70,000 annually in a form substantially similar to that presented to City Council on May 20, 2025.

SECTION 4. That the City Manager is authorized and directed to execute a professional services agreement with West Coast Civil, Inc. for a term of three years with two optional additional 1-year extensions in an amount not to exceed $70,000 annually in a form substantially similar to that presented to City Council on May 20, 2025.

SECTION 5. That the City Manager is authorized and directed to execute a professional services agreement with TKE Engineering, Inc. for a term of three years with 208
Resolution No. 25-66 Page 2
two optional additional 1-year extensions in an amount not to exceed $70,000 annually in a form substantially similar to that presented to City Council on May 20, 2025.

SECTION 6. That the City Manager or his designee are authorized and directed to take such other and further actions as may be necessary and proper to fulfill the purposes of this resolution.

SECTION 7. That the City Clerk shall certify the passage and adoption of this resolution and enter it into the book of original resolutions.

PASSED AND ADOPTED this day of , .

ATTEST:

City Clerk of the City of Steve Knoblock, Mayor of the
San Clemente, California City of San Clemente, California 209
Resolution No. 25-66 Page 3

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 25-66 was adopted at a regular meeting of the City Council of the City of San Clemente held on the day of ,
, by the following vote:

AYES:

NOES:

ABSENT:

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
210
Attachment 2

CITY OF SAN CLEMENTE

PROFESSIONAL CONSULTANT SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into this 20th day of May, 2025, 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 DEREK J. MCGREGOR, INC., a California Corporation, doing business as DMc Engineering, with its principal place of business at 18 Technology Drive, Suite 100, Irvine, CA 92618 ("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 On Call (As Needed) Engineering Plan Check Review 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 On Call (As Needed) Engineering Plan Check Review 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 On Call (As Needed) Engineering Plan Check Review consulting services for the 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 On Call (As Needed) Engineering Plan Check Review consulting services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference.

All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

3.1.2 Term. The term of this Agreement shall be from May 20, 2025 to May 20, 2028, unless earlier terminated as provided herein. The City Manager shall have the unilateral option, at his sole discretion, to renew this Agreement automatically for no more than Two (2) additional one-year terms. 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. 211
2 55452.01100\31193624.5
Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control, the City being only concerned with the finished results of the work being performed. Neither City, nor any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be solely responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Neither Consultant nor Consultant's employees shall in any event be entitled to any benefits to which City employees are entitled, including, but not limited to, overtime, retirement benefits, workers’ compensation benefits, injury leave or other leave benefits. Consultant is solely responsible for all such matters, as well as compliance with social security and income tax withholding and all other regulations and laws governing such matters.

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

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

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

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

3.2.6 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should 212
3 55452.01100\31193624.5
one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City.

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

3.2.8 Consultant's Representative. Consultant hereby designates Derek McGregor, CEO, 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.
213
4 55452.01100\31193624.5

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

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

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

3.3 Fees and Payments.

3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "D" attached hereto and incorporated herein by reference. The total compensation shall not exceed an annual amount of Seventy Thousand dollars ($70,000) without written approval of the City Council or City Manager as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

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

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

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

3.3.4 Extra Work. At any time during the term of this Agreement, City may 214
5 55452.01100\31193624.5
request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.

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

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

3.3.6 Labor Code Requirements.

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

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

3.4 Accounting Records.

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

3.5 General Provisions.

3.5.1 Termination of Agreement.
215
6 55452.01100\31193624.5

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: Derek J. McGregor, Inc.
18 Technology Drive, Suite 100
Irvine, CA 92612
ATTN: Derek McGregor
City: City of San Clemente
910 Calle Negocio
San Clemente, CA 92673
ATTN: David Rebensdorf and Laura Campagnolo, City
Clerk
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.5.3 Ownership of Materials and Confidentiality.

3.5.3.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents 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 216
7 55452.01100\31193624.5
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 217
8 55452.01100\31193624.5
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.
218
9 55452.01100\31193624.5

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.
219
10 55452.01100\31193624.5
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: __________________, 2025
____________________________
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

Derek J. McGregor, Inc. dba
DMc Engineering
(“CONSULTANT”)
By:_____________________________
Derek J. McGregor, CEO/CFO
Dated: __________________, 2025
220
11 55452.01100\31193624.5
EXHIBIT "A"

SCOPE OF SERVICES
Consultant shall perform the following services as requested by the City on an as needed, on call basis for the City to the City’s satisfaction (collectively, the “Services”):

1. Review for completeness of developer application and submittals.

2. Review of engineering quantity estimates and costs.

3. Review of rough and precise improvement plans.

4. Review of geological and geotechnical reports for grading plans to ensure recommendations are incorporated into the grading plans. Note: actual review and approval of the geotechnical reports are done through a separate City contract

5. Review of storm drain improvement plans; hydrology and hydraulic reports.

6. Review of street improvement plans, signing and striping plans, temporary traffic control plans.

7. Review of exterior retaining walls and shoring systems.

8. Assist with development of guidelines to help with the plan checking process.

9. Review plans for consistency with other planned development.

10. Perform additional engineering services as requested by the City.

DELIVERABLES
The Consultant is responsible for the following deliverables:

1. Inform staff of any potential conflicts of interest on a project, if applicable; and

2. Perform grading plan reviews as needed; and/or

3. Submit clear and concise correction list to the Development Section of the Public Works Department for distribution to project applicant/designer. (General format of Consultant’s correction list shall be reviewed and approved by the City and may include using electronic plan review software). The City may elect to have the project applicant/designer submitted plans directly to the Consultants and vise-versa after the initial submittal in order to help expedite review turn around times; and

4. Respond to telephone inquiries from City staff and permit applicants regarding review comments; and

5. When requested, the Consultant may be required to attend meetings at City offices or in the field at the project locations; and

6. Perform recheck reviews on projects to ensure plan corrections have been resolved satisfactorily; and

7. Stamp plans “approved” for compliance with applicable codes; and

8. Return approved plans to Development Section of the Public Works Department office; and

9. Submit bi-weekly progress reports to the Development Section of the Public Works Department. Reports shall include up to date status for each project which has been received by the Consultant along with the due date for its review; and

10. Other deliverables as requested by the City.
221
12 55452.01100\31193624.5
EXHIBIT "B"

SCHEDULE OF SERVICES
Consultant shall diligently perform the services to the City’s satisfaction according to the timeframes requested by the City and within the following required minimum level of service:
1 st review = 12 working days
2 nd and subsequent reviews = 7 working days
222
55452.01100\31193624.5
EXHIBIT “C”

INSURANCE REQUIREMENTS

3.2.12 Insurance.

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

3.2.12.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Consultant, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so.
(A) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 0001, or the exact equivalent, with limits of not less than $1,000,000 per occurrence and no less than $2,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); or (3) containing any other exclusion(s) contrary to the terms or purposes of this Agreement. (B) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering "Any Auto" (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $1,000,000 combined limit for each occurrence. (C) Workers' Compensation: Workers' Compensation
Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease. (D) Professional Liability (Errors & Omissions): Professional Liability insurance or Errors & Omissions insurance appropriate to Consultant’s profession with limits of not less than $1,000,000 per claim. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least three (3) years from termination or expiration of this Agreement. (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, 223
55452.01100\31193624.5
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 224
55452.01100\31193624.5
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.
225
55452.01100\31193624.5

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.
226
55452.01100\31193624.5
EXHIBIT “D”

COMPENSATION
In full compensation for the Services rendered by the Consultant under the Agreement, the City shall pay the Consultant as follows:

The plan check service invoicing shall be per the City’s latest adopted Engineering Fee Schedule and based on actual work performed. The total compensation shall not exceed an annual amount of Seventy Thousand dollars ($70,000) without written approval of the City Council or City Manager as applicable.

Plan Check Consultant charges for single-family plan checks are to be charged on a fixed fee schedule per the City’s Engineering Fee Schedule. Any language or text within the Professional Services Agreement, the Request for Proposal, and Consultant Proposal regarding Cost Data, Hourly Rate Schedules, and/or Fee Schedules shall be superseded by the fixed fees as per the latest Engineering Fee Schedule for single-family plan check cost.

Plan check consultants shall charge for such reviews on a fixed fee basis and not exceed the Fee Schedule minus the 15% City overhead cost. The Engineering Fee Schedule is available on the City’s website and is hereby fully incorporated by this reference, which the City may amend from time to time. The fixed fees on the Engineering Fee Schedule are adjusted each July 1 to include any Consumer Price Index (CPI) changes from an April-April yearly period.

Note: There are some occasional single-family developments which the City Engineer may determine to be ‘difficult’ due to landslides or similar issues. The Plan Check Consultant agrees that this determination is solely at the City’s discretion and projects determined to be ‘difficult’ will be forwarded to the Plan Check Consultant with a deposit account work order.

Plan Check Consultant charges for multi-family residential, commercial, industrial, subdivisions, tract maps, parcel maps, certificates of compliance, traffic reviews, and projects deem ‘difficult’ by the City Engineer are to be charged at a time and material basis per the approved Cost Data, Hourly Rate Schedule, and/or Fee Schedule of the Consultant’s Proposal and set forth below. If the expected charge for an individual review is projected to be in excess of $3,500, then the Plan Check Consultant shall notify City Engineering staff and obtain written approval before proceeding further on that particular review. 227
55452.01100
\31193624.5
228
55452.01100
\31193624.5
229
55452.01100\31193624.5
WORKER’S COMPENSATION INSURANCE CERTIFICATION

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

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

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

WARNING: FAILURE TO SECURE WORKERS’ COMPENSATION

COVERAGE IS UNLAWFUL, AND SHALL SUBJECT AN EMPLOYER TO

CRIMINAL PENALTIES AND CIVIL FINES UP TO ONE HUNDRED THOUSAND DOLLARS ($100,000), IN ADDITION TO THE COST OF COMPENSATION, DAMAGES AS PROVIDED FOR IN SECTION 3706 OF THE LABOR CODE, INTEREST, AND ATTORNEY’S FEES.
230
55452.01100\31193624.5
Dated: ________________________, 2025
Derek J. McGregor, Inc.
(“CONSULTANT”)
By: ________________________________
Derek J. McGregor
________________________________
Title: CEO/CFO
18 Technology Drive, Suite 100 _____
Address
Irvine, CA 92612
231
Attachment 3

CITY OF SAN CLEMENTE

PROFESSIONAL CONSULTANT SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into this 20th day of May, 2025, 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 WEST COAST CIVIL, INC., a California corporation, with its principal place of business at 9740 Appaloosa Road, Suite 200, San Diego, CA 92131 ("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 On Call (As Needed) Engineering Plan Check Review 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 On Call (As Needed) Engineering Plan Check Review 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 On Call (As Needed) Engineering Plan Check Review consulting services for the 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 On Call (As Needed) Engineering Plan Check Review consulting services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference.

All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

3.1.2 Term. The term of this Agreement shall be from May 20, 2025 to May 20, 2028, unless earlier terminated as provided herein. The City Manager shall have the unilateral option, at his sole discretion, to renew this Agreement automatically for no more than Two (2) additional one-year terms. 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 232
2 55452.01100\31193624.5
this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control, the City being only concerned with the finished results of the work being performed. Neither City, nor any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be solely responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Neither Consultant nor Consultant's employees shall in any event be entitled to any benefits to which City employees are entitled, including, but not limited to, overtime, retirement benefits, workers’ compensation benefits, injury leave or other leave benefits. Consultant is solely responsible for all such matters, as well as compliance with social security and income tax withholding and all other regulations and laws governing such matters.

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

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

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

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

3.2.6 Substitution of Key Personnel. Consultant has represented to City that 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 233
3 55452.01100\31193624.5
of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City.

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

3.2.8 Consultant's Representative. Consultant hereby designates Anthony Gonzalez, CEO, 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 234
4 55452.01100\31193624.5
compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If Consultant performs any work knowing it to be contrary to such laws, rules and regulations, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees, agents, and volunteers free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

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

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

3.3 Fees and Payments.

3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "D" attached hereto and incorporated herein by reference. The total compensation shall not exceed an annual amount of Seventy Thousand dollars ($70,000) without written approval of the City Council or City Manager as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

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

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

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

3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which 235
5 55452.01100\31193624.5
is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.

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

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

3.3.6 Labor Code Requirements.

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

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

3.4 Accounting Records.

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

3.5 General Provisions.

3.5.1 Termination of Agreement.

3.5.1.1 Grounds for Termination. City may, by written notice to 236
6 55452.01100\31193624.5
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: West Coast Civil, Inc.
9740 Appaloosa Road, Suite 200
San Diego, CA 92131
ATTN: Anthony Gonzalez
City: City of San Clemente
910 Calle Negocio
San Clemente, CA 92673
ATTN: David Rebensdorf and Laura Campagnolo, City
Clerk
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.5.3 Ownership of Materials and Confidentiality.

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

Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided 237
7 55452.01100\31193624.5
that any such use not within the purposes intended by this Agreement shall be at City's sole risk.

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

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

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

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

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

3.5.6 Indemnification.

3.5.6.1 To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant's Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses. Consultant’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers. 238
8 55452.01100\31193624.5

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

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

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

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

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

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

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

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

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

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

3.5.16 No Third-Party Beneficiaries. There are no intended third party 239
9 55452.01100\31193624.5
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.
240
10 55452.01100\31193624.5
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: __________________, 2025
_____________________________
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

WEST COAST CIVIL, INC., a
California corporation
(“CONSULTANT”)
By:_____________________________
Anthony Gonzalez, CEO
Dated: __________________, 2025
By:_____________________________
Kyle McCarty, Secretary
Dated: __________________, 2025
241
11 55452.01100\31193624.5
EXHIBIT "A"

SCOPE OF SERVICES
Consultant shall perform the following services as requested by the City on an as needed, on call basis for the City to the City’s satisfaction (collectively, the “Services”):

1. Review for completeness of developer application and submittals.

2. Review of engineering quantity estimates and costs.

3. Review of rough and precise improvement plans.

4. Review of geological and geotechnical reports for grading plans to ensure recommendations are incorporated into the grading plans. Note: actual review and approval of the geotechnical reports are done through a separate City contract

5. Review of storm drain improvement plans; hydrology and hydraulic reports.

6. Review of street improvement plans, signing and striping plans, temporary traffic control plans.

7. Review of exterior retaining walls and shoring systems.

8. Assist with development of guidelines to help with the plan checking process.

9. Review plans for consistency with other planned development.

10. Perform additional engineering services as requested by the City.

DELIVERABLES
The Consultant is responsible for the following deliverables:

1. Inform staff of any potential conflicts of interest on a project, if applicable; and

2. Perform grading plan reviews as needed; and/or

3. Submit clear and concise correction list to the Development Section of the Public Works Department for distribution to project applicant/designer. (General format of Consultant’s correction list shall be reviewed and approved by the City and may include using electronic plan review software). The City may elect to have the project applicant/designer submitted plans directly to the Consultants and vise-versa after the initial submittal in order to help expedite review turn around times; and

4. Respond to telephone inquiries from City staff and permit applicants regarding review comments; and

5. When requested, the Consultant may be required to attend meetings at City offices or in the field at the project locations; and

6. Perform recheck reviews on projects to ensure plan corrections have been resolved satisfactorily; and

7. Stamp plans “approved” for compliance with applicable codes; and

8. Return approved plans to Development Section of the Public Works Department office; and

9. Submit bi-weekly progress reports to the Development Section of the Public Works Department. Reports shall include up to date status for each project which has been received by the Consultant along with the due date for its review.

10. Other deliverables as requested by the City.
242
12 55452.01100\31193624.5
EXHIBIT "B"

SCHEDULE OF SERVICES
Consultant shall diligently perform the services to the City’s satisfaction according to the timeframes requested by the City and within the following required minimum level of service:
1 st review = 12 working days
2 nd and subsequent reviews = 7 working days
243
55452.01100\31193624.5
EXHIBIT “C”

INSURANCE REQUIREMENTS

3.2.12 Insurance.

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

3.2.12.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Consultant, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so.
(A) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 0001, or the exact equivalent, with limits of not less than $1,000,000 per occurrence and no less than $2,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); or (3) containing any other exclusion(s) contrary to the terms or purposes of this Agreement. (B) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering "Any Auto" (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $1,000,000 combined limit for each occurrence. (C) Workers' Compensation: Workers' Compensation
Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease. (D) Professional Liability (Errors & Omissions): Professional Liability insurance or Errors & Omissions insurance appropriate to Consultant’s profession with limits of not less than $1,000,000 per claim. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least three (3) years from termination or expiration of this Agreement. (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, 244
55452.01100\31193624.5
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 245
55452.01100\31193624.5
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.
246
55452.01100\31193624.5

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.
247
55452.01100\31193624.5
EXHIBIT “D”

COMPENSATION
In full compensation for the Services rendered by the Consultant under the Agreement, the City shall pay the Consultant as follows:

The plan check service invoicing shall be per the City’s latest adopted Engineering Fee Schedule and based on actual work performed. The total compensation shall not exceed an annual amount of Seventy Thousand dollars ($70,000) without written approval of the City Council or City Manager as applicable.

Plan Check Consultant charges for single-family plan checks are to be charged on a fixed fee schedule per the City’s Engineering Fee Schedule. Any language or text within the Professional Services Agreement, the Request for Proposal, and Consultant Proposal regarding Cost Data, Hourly Rate Schedules, and/or Fee Schedules shall be superseded by the fixed fees as per the latest Engineering Fee Schedule for single-family plan check cost.

Plan check consultants shall charge for such reviews on a fixed fee basis and not exceed the Fee Schedule minus the 15% City overhead cost. The Engineering Fee Schedule is available on the City’s website and is hereby fully incorporated by this reference, which the City may amend from time to time. The fixed fees on the Engineering Fee Schedule are adjusted each July 1 to include any Consumer Price Index (CPI) changes from an April-April yearly period.

Note: There are some occasional single-family developments which the City Engineer may determine to be ‘difficult’ due to landslides or similar issues. The Plan Check Consultant agrees that this determination is solely at the City’s discretion and projects determined to be ‘difficult’ will be forwarded to the Plan Check Consultant with a deposit account work order.

Plan Check Consultant charges for multi-family residential, commercial, industrial, subdivisions, tract maps, parcel maps, certificates of compliance, traffic reviews, and projects deem ‘difficult’ by the City Engineer are to be charged at a time and material basis per the approved Cost Data, Hourly Rate Schedule, and/or Fee Schedule of the Consultant’s Proposal and set forth below. If the expected charge for an individual review is projected to be in excess of $3,500, then the Plan Check Consultant shall notify City Engineering staff and obtain written approval before proceeding further on that particular review. 248
55452.01100
\31193624.5
249
55452.01100\31193624.5
WORKER’S COMPENSATION INSURANCE CERTIFICATION

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

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

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

WARNING: FAILURE TO SECURE WORKERS’ COMPENSATION

COVERAGE IS UNLAWFUL, AND SHALL SUBJECT AN EMPLOYER TO

CRIMINAL PENALTIES AND CIVIL FINES UP TO ONE HUNDRED THOUSAND DOLLARS ($100,000), IN ADDITION TO THE COST OF COMPENSATION, DAMAGES AS PROVIDED FOR IN SECTION 3706 OF THE LABOR CODE, INTEREST, AND ATTORNEY’S FEES.
250
55452.01100\31193624.5
Dated: ________________________, 2025
WEST COAST CIVIL, INC.
(“CONSULTANT”)
By: ________________________________
Anthony Gonzalez
________________________________
Title: CEO
9740 Appaloosa Road, Suite 200 _____
Address
San Diego, CA 92131
251
Attachment 4

CITY OF SAN CLEMENTE

PROFESSIONAL CONSULTANT SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into this 20th day of May, 2025, 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 TKE ENGINEERING, INC., a California corporation, with its principal place of business at 2305 Chicago Avenue, Riverside, CA 92507 ("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 On Call (As Needed) Engineering Plan Check Review 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 On Call (As Needed) Engineering Plan Check Review 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 On Call (As Needed) Engineering Plan Check Review consulting services for the 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 On Call (As Needed) Engineering Plan Check Review consulting services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference.

All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

3.1.2 Term. The term of this Agreement shall be from May 20, 2025 to May 20, 2028, unless earlier terminated as provided herein. The City Manager shall have the unilateral option, at his sole discretion, to renew this Agreement automatically for no more than Two (2) additional one-year terms. 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 252
2 55452.01100\31193624.5
this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control, the City being only concerned with the finished results of the work being performed. Neither City, nor any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be solely responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Neither Consultant nor Consultant's employees shall in any event be entitled to any benefits to which City employees are entitled, including, but not limited to, overtime, retirement benefits, workers’ compensation benefits, injury leave or other leave benefits. Consultant is solely responsible for all such matters, as well as compliance with social security and income tax withholding and all other regulations and laws governing such matters.

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

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

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

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

3.2.6 Substitution of Key Personnel. Consultant has represented to City that 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 253
3 55452.01100\31193624.5
of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City.

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

3.2.8 Consultant's Representative. Consultant hereby designates Terry Renner, CFO, 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 254
4 55452.01100\31193624.5
compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If Consultant performs any work knowing it to be contrary to such laws, rules and regulations, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees, agents, and volunteers free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

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

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

3.3 Fees and Payments.

3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "D" attached hereto and incorporated herein by reference. The total compensation shall not exceed an annual amount of Seventy Thousand dollars ($70,000) without written approval of the City Council or City Manager as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

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

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

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

3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which 255
5 55452.01100\31193624.5
is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.

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

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

3.3.6 Labor Code Requirements.

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

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

3.4 Accounting Records.

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

3.5 General Provisions.

3.5.1 Termination of Agreement.

3.5.1.1 Grounds for Termination. City may, by written notice to 256
6 55452.01100\31193624.5
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: TKE ENGINEERING, INC.
2305 Chicago Avenue
Riverside, CA 92507
ATTN: Terry Renner
City: City of San Clemente
910 Calle Negocio
San Clemente, CA 92673
ATTN: David Rebensdorf and Laura Campagnolo, City
Clerk
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.5.3 Ownership of Materials and Confidentiality.

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

Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided 257
7 55452.01100\31193624.5
that any such use not within the purposes intended by this Agreement shall be at City's sole risk.

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

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

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

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

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

3.5.6 Indemnification.

3.5.6.1 To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant's Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses. Consultant’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers. 258
8 55452.01100\31193624.5

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

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

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

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

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

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

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

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

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

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

3.5.16 No Third-Party Beneficiaries. There are no intended third party 259
9 55452.01100\31193624.5
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.
260
10 55452.01100\31193624.5
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: __________________, 2025
______________________________
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

TKE ENGINEERING, INC., a
California corporation
(“CONSULTANT”)
By:_____________________________
Terry Renner, CFO
Dated: __________________, 2025
By:_____________________________
Michael Thornton, CEO
Dated: __________________, 2025
261
11 55452.01100\31193624.5
EXHIBIT "A"

SCOPE OF SERVICES
Consultant shall perform the following services as requested by the City on an as needed, on call basis for the City to the City’s satisfaction (collectively, the “Services”):

1. Review for completeness of developer application and submittals.

2. Review of engineering quantity estimates and costs.

3. Review of rough and precise improvement plans.

4. Review of geological and geotechnical reports for grading plans to ensure recommendations are incorporated into the grading plans. Note: actual review and approval of the geotechnical reports are done through a separate City contract

5. Review of storm drain improvement plans; hydrology and hydraulic reports.

6. Review of street improvement plans, signing and striping plans, temporary traffic control plans.

7. Review of exterior retaining walls and shoring systems.

8. Assist with development of guidelines to help with the plan checking process.

9. Review plans for consistency with other planned development.

10. Perform additional engineering services as requested by the City.

DELIVERABLES
The Consultant is responsible for the following deliverables:

1. Inform staff of any potential conflicts of interest on a project, if applicable; and

2. Perform grading plan reviews as needed; and/or

3. Submit clear and concise correction list to the Development Section of the Public Works Department for distribution to project applicant/designer. (General format of Consultant’s correction list shall be reviewed and approved by the City and may include using electronic plan review software). The City may elect to have the project applicant/designer submitted plans directly to the Consultants and vise-versa after the initial submittal in order to help expedite review turn around times; and

4. Respond to telephone inquiries from City staff and permit applicants regarding review comments; and

5. When requested, the Consultant may be required to attend meetings at City offices or in the field at the project locations; and

6. Perform recheck reviews on projects to ensure plan corrections have been resolved satisfactorily; and

7. Stamp plans “approved” for compliance with applicable codes; and

8. Return approved plans to Development Section of the Public Works Department office; and

9. Submit bi-weekly progress reports to the Development Section of the Public Works Department. Reports shall include up to date status for each project which has been received by the Consultant along with the due date for its review; and

10. Other deliverables as requested by the City.
262
12 55452.01100\31193624.5
EXHIBIT "B"

SCHEDULE OF SERVICES
Consultant shall diligently perform the services to the City’s satisfaction according to the timeframes requested by the City and within the following required minimum level of service:
1 st review = 12 working days
2 nd and subsequent reviews = 7 working days
263
55452.01100\31193624.5
EXHIBIT “C”

INSURANCE REQUIREMENTS

3.2.12 Insurance.

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

3.2.12.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Consultant, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so.
(A) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 0001, or the exact equivalent, with limits of not less than $1,000,000 per occurrence and no less than $2,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); or (3) containing any other exclusion(s) contrary to the terms or purposes of this Agreement. (B) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering "Any Auto" (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $1,000,000 combined limit for each occurrence. (C) Workers' Compensation: Workers' Compensation
Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease. (D) Professional Liability (Errors & Omissions): Professional Liability insurance or Errors & Omissions insurance appropriate to Consultant’s profession with limits of not less than $1,000,000 per claim. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least three (3) years from termination or expiration of this Agreement. (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, 264
55452.01100\31193624.5
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 265
55452.01100\31193624.5
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.
266
55452.01100\31193624.5

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.
267
55452.01100\31193624.5
EXHIBIT “D”

COMPENSATION
In full compensation for the Services rendered by the Consultant under the Agreement, the City shall pay the Consultant as follows:

The plan check service invoicing shall be per the City’s latest adopted Engineering Fee Schedule and shall be based on actual work performed. The total compensation shall not exceed an annual amount of Seventy Thousand dollars ($70,000) without written approval of the City Council or City Manager as applicable.

Plan Check Consultant charges for single-family plan checks are to be charged on a fixed fee schedule per the City’s Engineering Fee Schedule. Any language or text within the Professional Services Agreement, the Request for Proposal, and Consultant Proposal regarding Cost Data, Hourly Rate Schedules, and/or Fee Schedules shall be superseded by the fixed fees as per the latest Engineering Fee Schedule for single-family plan check cost.

Plan check consultants shall charge for such reviews on a fixed fee basis and not exceed the Fee Schedule minus the 15% City overhead cost. The Engineering Fee Schedule is available on the City’s website and is hereby fully incorporated by this reference, which the City may amend from time to time. The fixed fees on the Engineering Fee Schedule are adjusted each July 1 to include any Consumer Price Index (CPI) changes from an April-April yearly period.

Note: There are some occasional single-family developments which the City Engineer may determine to be ‘difficult’ due to landslides or similar issues. The Plan Check Consultant agrees that this determination is solely at the City’s discretion and projects determined to be ‘difficult’ will be forwarded to the Plan Check Consultant with a deposit account work order.

Plan Check Consultant charges for multi-family residential, commercial, industrial, subdivisions, tract maps, parcel maps, certificates of compliance, traffic reviews, and projects deem ‘difficult’ by the City Engineer are to be charged at a time and material basis per the approved Cost Data, Hourly Rate Schedule, and/or Fee Schedule of the Consultant’s Proposal and set forth below. If the expected charge for an individual review is projected to be in excess of $3,500, then the Plan Check Consultant shall notify City Engineering staff and obtain written approval before proceeding further on that particular review. 268
55452.01100
\31193624.5
269
55452.01100\31193624.5
WORKER’S COMPENSATION INSURANCE CERTIFICATION

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

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

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

WARNING: FAILURE TO SECURE WORKERS’ COMPENSATION

COVERAGE IS UNLAWFUL, AND SHALL SUBJECT AN EMPLOYER TO

CRIMINAL PENALTIES AND CIVIL FINES UP TO ONE HUNDRED THOUSAND DOLLARS ($100,000), IN ADDITION TO THE COST OF COMPENSATION, DAMAGES AS PROVIDED FOR IN SECTION 3706 OF THE LABOR CODE, INTEREST, AND ATTORNEY’S FEES.
270
55452.01100\31193624.5
Dated: ________________________, 2025
TKE ENGINEERING, INC.
(“CONSULTANT”)
By: ________________________________
Terry Renner
________________________________
Title: CFO
2305 Chicago Avenue _____
Address
Riverside, CA 92507
271

CITY OF SAN CLEMENTE

REQUEST FOR PROPOSAL
272
2 REQUEST FOR PROPOSAL

ON-CALL (AS-NEEDED) ENGINEERING PLAN CHECK SERVICES
DECEMBER 23, 2024
910 Calle Negocio, Suite #100, San Clemente, CA 92673 Phone: (949) 361-6135 273
3 CITY OF SAN CLEMENTE

REQUEST FOR PROPOSAL

ON-CALL (AS-NEEDED) ENGINEERING PLAN CHECK SERVICES

TABLE OF CONTENTS
Request for Proposal Letter…………………………………………...Page 4
Instructions and Conditions…………………………………………..Page 11
Example of City Standard Professional Services Agreement………..Attached 274
4 CITY OF SAN CLEMENTE

REQUEST FOR PROPOSAL
DECEMBER 23, 2024
Prospective Consultants:

The City of San Clemente (City) is interested in receiving proposals from Professional Services Consultants (Consultants) to conduct on-call (as-needed) engineering plan check services as described in detail in the attached Request for Proposal (RFP).

Schedule of Events from Issuance of the RFP to Award of Contract:

1. RFP issued: December 23, 2024

2. Proposal due: on or before 4:00pm – January 20, 2025

3. Consultant interviews (if needed): January 27-30. 2025

4. Contract Negotiations (if needed): February 3-4, 2025

5. City Council Award (anticipated): March 4, 2025
City Point of Contact:

The sole source of contact regarding this RFP is Zak Ponsen, Assistant City Engineer at [email protected] or (949)361-6135. Individuals or firms interested in submitting a proposal are asked not to contact other members of the City of San Clemente staff or Councilmembers in connection with the RFP prior to the announcement of the recommended consultant(s).

Proposals and all written inquires related to this RFP are to be submitted to Zak Ponsen at the following address:

Zak Ponsen, P.E. Assistant City Engineer
City of San Clemente
910 Calle Negocio, Suite 100
San Clemente, CA 92673
275
5 Proposal Closing Date:

Three (3) copies of each Consultant’s proposal must be received by the City not later than 4:00 pm, January 20, 2025. All proposals must be delivered to the above address.

Proposals received after 4:00 pm, January 20, 2025 will not be accepted.

Proposals will become part of the official files of the City of San Clemente and cannot be returned.

Sincerely,
Zak Ponsen, P.E.

Assistant City Engineer
Attachments:

1. Request for Proposal including Scope of Work, Description & Instructions.

2. Draft Professional Services Agreement
276

CITY OF SAN CLEMENTE

REQUEST FOR PROPOSAL

ON-CALL (AS-NEEDED) ENGINEERING PLAN CHECK SERVICES
Background about the City of San Clemente (the City) and the project, as well as information about the Scope of Work to be undertaken are discussed in this section of the RFP.

A. INTRODUCTION
The City is seeking proposals from qualified Consultants to perform on-call (asneeded) engineering review and plan check for correctness of plans, design calculation and technical specification related to grading plans and associated street and on-site grading improvements for residential, commercial, industrial, public projects, street improvements, and landslide projects of all sizes. Included within the review of grading plans, many projects may also require the review, incorporation, and/or approval of erosion and sediment control plans, retaining walls, shoring systems, and hydrology/hydraulic analysis, etc.

Consultants may subcontract to another firm for plan check services, if approved by the City. If it is known at this time that you will be subcontracting any portion of the plan check service, please include subcontractor information within your Proposal. All subcontractor billing must be paid through a separate invoicing to be paid by the Consultant.

The City may enter in agreement with more than one Consultant for each of the proposed services within this RFP. The intent of this would be to have a backup Consultant ready in case of heavy workloads or potential conflict of interest situations where the primary Consultant may have been previously involved on the project.

The City’s review of single-family developments is typically done under a fixed fee rate per the latest adopted City Fee Schedule. The Consultant’s maximum invoicing on fixed fee plan checks shall not exceed 85% of the amount of the latest adopted City Fee Schedule. The fixed fee rates are increased each July 1 by the April-April Consumer Price Index for the region. Multi-family, commercial, and landslide projects are typically done under a time and material basis. 277
7 Although it is subject to change via City Council action, the Consultant contact term will likely be for a 2-3 year term, with two additional 1-year optional extensions B. BACKGROUND
The City of San Clemente was incorporated in 1928 and has a current population of approximately 68,000. The City and its residents expect a high level of customer service. The City utilizes contractual plan check services when needed to supplement City staff in order to maintain review turnaround timeframes and provide a high level of customer service.

Although the City is reaching near build-out and its tract development has slowed, projects requiring subdivision maps and/or grading plans still occur. Grading permits are often required for vacant land improvements, partial or complete teardowns, parking lot reconstruction, and landslide repairs, etc. Due to the hillside topography of the City, slope stability is also of concern, therefore, most grading plans (and an occasional Building Department plan check) require the preparation and review of a detailed soils report. The City typically contracts all review of soils reports for grading plan projects to an outside Consultant. Geotechnical review services are provided under a separate contract than this proposed contract. The Consultant(s) selected for the contract for grading plan engineering plan check services will be required to ensure that the soils report recommendations are incorporated into the grading and improvements plans.

The grading plan engineering plan check consultant may submit a separate proposal for the geotechnical plan check service contract. The City may enter in agreement with the same company for both contracts, but it is not required for a company to apply to both RFP’s.

Grading & Construction Inspection Activity Summary
Fiscal Year
2018-2019
Fiscal Year
2020-2021
Fiscal Year
2021-2022
Approximate number of
Grading & Improvement
Plan projects which
required outside Consultant
plan check (1st submittals
only)
32 24 22
278
8 C. PROJECT OBJECTIVES
The City of San Clemente desires to establish relationships with one or more Consultants in order to enable the City to provide and maintain a high level of customer service and reduce peak turn-around timeframes for plan check services on grading plan reviews.

D. PROJECT ORGANIZATION AND SCOPE OF WORK
The scope of work is to provide on-call engineering plan check services to the City of San Clemente, Public Works Department in accordance with all of the provisions of this RFP. The general scope includes but is not limited to engineering review and plan check for correctness of plans, design calculation and technical specifications related to materials for proposed improvements, development of correction lists and transmittal of correction lists to the City and applicant. The successful firm must have experience with the processes, procedures, ordinances and permitting, including plan check and review for conformance with conditions of approval along with local and other applicable (City, County, State and Federal) ordinances, laws and standards that are necessary to provide these services and complete the assigned projects.

The Consultant(s) selected shall be able to perform complete grading plan reviews on a variety of single family residential, multifamily residential, commercial, industrial, public projects, and slope repair projects. The grading plans typically include much of the improvements associated with the project. Improvements include but are not limited to: grading, utility services, street improvements, water quality management, drainage devices, erosion and sediment control plans, retaining walls, and shoring, etc. Review of grading plans may also include incorporation of storm water runoff treatment systems from water quality management plans (WQMPs). The Consultant(s) selected for the contract for grading plan engineering plan check services will be required to ensure that the WQMP recommendations are incorporated into the grading and improvements plans. WQMP review services are provided under a separate contract than this proposed contract.

The Consultant(s) may be requested to perform complete or partial reviews of projects for compliance with the City’s adopted Grading Ordinance/Code and Grading Manual requirements in accordance with current applicable state and local codes.

Consultant(s) should be knowledgeable in all applicable codes and general engineering practices as related to grading plans and soils reports. All buildings in San Clemente are required to comply with the current Building Standards contained 279
9 in California Code of Regulations, Title 24 as well as San Clemente Municipal Code – local amendments.
https://library.municode.com/ca/san_clemente/codes/code_of_ordinances?nodeId=TIT15 BUCO
It is anticipated that the plan check review will result in a redlined copy of the plans, a completed plan check checklist and a summary letter of the corrections to the plans/project. The Consultant shall deliver the plan check package to the assigned City staff within the turn-around times as specified in the Deliverable Section below.

City staff may review the package and provide recommendations for any changes to the submitted comments. The City will then notify the developer/applicant that the plan check package is ready to be picked up at the City offices.

Consultant must designate a specific individual for the regular plan check for the City of San Clemente. If Consultant changes the specific individual identified in the RFP, then Consultant must provide the City with a resume of the alternative reviewer. Consultant can propose during the RFP two or three alternate reviewers in advance for City’s review and approval.

Consultant must provide a procedure to avoid any conflict of interest with review of a client’s design prepared by consultant. In such a situation, the City may chose to send plans to be checked by alternate consultant.

Grading plan reviews shall be performed by (or under the direct supervision of) a licensed civil engineer in the State of California.

In the near future, the City anticipates performing plan check reviews electronically through programs such as Bluebeam, E-Plan, etc. so Consultant(s) should identify their current and potential abilities utilizing such programs.

The selected firm(s) may assist the City with various services including but not limited to:

1. Review for completeness of developer application and submittals.

2. Review of engineering quantity estimates and costs.

3. Review of rough and precise improvement plans.

4. Review of geological and geotechnical reports for grading plans to ensure recommendations are incorporated into the grading plans. Note: actual review and approval of the geotechnical reports are done through a separate City contract

5. Review of storm drain improvement plans; hydrology and hydraulic reports.

6. Review of street improvement plans, signing and striping plans, temporary traffic control plans.
280
10 7. Review of exterior retaining walls and shoring systems.

8. Assist with development of guidelines to help with the plan checking process.

9. Review plans for consistency with other planned development.

E. DELIVERABLES
The Consultant(s) is/are responsible for the following deliverables:

1. Inform staff of any potential conflicts of interest on a project, if applicable; and

2. Perform grading plan reviews as needed; and/or

3. Submit clear and concise correction list to the Development Section of the Public Works Department for distribution to project applicant/designer. (General format of Consultant’s correction list shall be reviewed and approved by the City and may include using electronic plan review software).

The City may elect to have the project applicant/designer submitted plans directly to the Consultants and vise-versa after the initial submittal in order to help expedite review turn around times; and

4. Respond to telephone inquires from City staff and permit applicants regarding review comments; and

5. When requested, the Consultant may be required to attend meetings at City offices or in the field at the project locations; and

6. Perform recheck reviews on projects to ensure plan corrections have been resolved satisfactorily; and

7. Stamp plans “approved” for compliance with applicable codes; and

8. Return approved plans to Development Section of the Public Works Department office; and

9. Submit bi-weekly progress reports to the Development Section of the Public Works Department. Reports shall include up to date status for each project which has been received by the Consultant along with the due date for its review.

10. The City requires the following minimum review turnaround timeframes (or better) in order to maintain the desired customer service level:

Required Minimum Level of Service
1 st review = 12 working days
2 nd and subsequent reviews = 7 working days
281
1 CITY OF SAN CLEMENTE

REQUEST FOR PROPOSAL

ON CALL (AS-NEEDED) ENGINEERING PLAN CHECK SERVICES

INSTRUCTIONS AND CONDITIONS
The following instructions and conditions apply to this RFP:

A. GENERAL CONDITIONS

1. Pre-Contractual Expenses
Pre-contractual expenses are defined as expenses incurred by the Professional Services Consultant (consultant) in:
• Preparing a proposal in response to this RFP
• Submitting that proposal to the City of San Clemente
• Negotiating with the City of San Clemente on any matter related to this RFP, proposal and/or contractual agreement
• Any other expenses incurred by the contractor prior to the date of an executed contract
The City of San Clemente shall not, in any event, be liable for any pre-contractual expenses incurred by any consultant. In addition, no consultant shall include any such expenses as part of the price proposed to conduct the scope of work for this project.

2. Authority to Withdraw RFP and/or Not Award Contract
The City of San Clemente reserves the right to withdraw this RFP at any time without prior notice. Further, the City makes no representations that any agreement will be awarded to any consultant responding to this RFP. The City expressly reserves the right to postpone the opening of proposals for its own convenience and to reject any and all proposals in response to this RFP without indicating any reasons for such rejection(s).

3. Pricing Approach
282
-2-
The City of San Clemente intends to award a multi-year on-call contract for the conduct of this project. In no event shall the City pay an amount in excess of the dollar value negotiated in the contractual agreement with the successful consultant.

4. Right to Reject Proposals
The City of San Clemente reserves the right to reject any or all proposals submitted. Any award made for this engagement will be made to the consultant(s) which, in the opinion of the City, is/are best qualified to conduct the project.

5. Proposal Evaluation Criteria
Proposals will be evaluated on the basis of their response to all provisions of this RFP. The City of San Clemente may use some or all of the following criteria in its evaluation and comparison of proposals submitted. The criteria listed are not necessarily an allinclusive list. The order in which they appear is not intended to indicate their relative importance:
a. Previous experience- Consultants must have proven experience performing grading plan reviews and/or geotechnical/soils reports reviews for a public agency.
b. Demonstrated record of success on work previously performed for the City or similar work performed for others.
c. Project Lead- identify the primary contact that will be responsible for day-to-day dealings with the City of San Clemente.
d. Educational background of project lead and staff- identify staff that will be utilized to perform work for the City, indicate the professional licenses and certifications possessed by staff. e. Staff to perform work within the specified time- identify staff that will be utilized to perform work for the City in order to meet turnaround timeframes as defined in project deliverables. f. Methodology proposed to accomplish the work and meet or exceed required turnaround times.
283
-3-
g. Ability to make effective public presentations of the report and/or design required.
h. Ability to work effectively with City staff, other public agencies and related parties as directed during the course of the design, study or other services.
i. Pertinent new ideas which may be presented during the course of the selection process.
j. Adequate knowledge of local conditions, codes/regulations, and requirements.
k. Availability, experience and knowledge of all subcontractors hired to complete the job or study- identify the availability of staff that will be assigned to the San Clemente project.
l. Additional work performed by the Consultant which may have a direct and substantial physical relationship or conflict to the proposed project.
m. Previous history of completing projects within budget and design estimates.

6. Ownership and Public Information
Submitted proposals will become property of City of San Clemente and may be subject to Public Records Act.

B. PROPOSAL FORMAT AND CONTENT
Proposals should be typed and as brief as possible. They should not include any elaborate or unnecessary promotional material. The following order and content of proposal sections should be adhered to by each Consultant.

1. Cover Letter
A cover letter not to exceed three pages in length should summarize key elements of the Consultant’s proposal. The letter must be signed by an individual authorized to bind the Consultant. The letter must stipulate that the proposed price will be valid for a period of at least 284
-4-
90 days. Indicate the address and telephone number of the Consultant’s office located nearest to San Clemente, California, and the office from which the project will be managed.

2. Background and Approach
The Background and Approach Section should describe your understanding of the City, the work to be done, and the objectives to be accomplished.

3. Methodology(ies)
This section should clearly describe the methodology or methodologies you plan to use to carry out the specific work tasks described in the Work Plan.

4. Work Plan
Describe the sequential work tasks you plan to carry out in accomplishing this project. Indicate all key deliverables and their contents. Identify how much of the work will be done on site and in Consultant’s office.

5. Project Organization and Staffing
Describe your approach and methods for managing the project.

Provide an organization chart showing all proposed project team members. Describe the responsibilities of each person on the project team. Identify the Project Director and/or Manager and the person who will be the key contact with the City of San Clemente. Indicate how many hours each team member will devote to the project by task, along with a statement indicating the availability of the members of the project team for the duration of the project. Include resumes for each member of the project team. Include information and staff support required from City personnel.

6. Related Experience
Describe recent, directly related experience. Include on each listing the name of the client; description of the work done; primary client contact, address and telephone number; dates for the project; name of the Project Director and/or Manager and members of the proposed 285
-5-
project team who worked on the project, as well as their respective responsibilities.

At least three references should be included. For each reference, indicate the reference's name, organization affiliation, title, complete mailing address and telephone number. The City of San Clemente reserves the right to contact any of the organizations or individuals listed.

7. Sample Plan Review Correction Lists & Forms
Submit samples of plan review correction lists along with example correspondences for residential and commercial projects.

Additionally, samples of correction lists for slope stability/landslide repair projects is desirable.

8. Project Schedule
Provide a schedule for completing each task in the work program, including deadlines for preparing all project deliverables.

9. Cost Data
Indicate the total cost (time and materials) for which you will conduct the plan review work. For hourly work proposed, identify by project team member: name, classification, and the number of hours each member will spend on each work task. Indicate separately, total cost for fees and expenses, including any proposed fee discount. Provide plan check rates in a separate sealed envelope.

10. Statement of Compliance
Contractors must submit a Statement of Compliance with all parts of the Request for Proposal and Draft Agreement terms and conditions, or a listing of exceptions and suggested changes, along with a description of any cost implications or schedule changes the exceptions and/or changes cause. The Statement of Compliance must declare either:
a. This proposal is in strict compliance with the Request for Proposal and Draft Agreement and no exceptions to either are proposed; or
286
-6-
b. This proposal is in strict compliance with the Request for Proposal and Draft Agreement except for the items listed.

For each exception and/or suggested change, the contractor must include:

1. The suggested change in the RFP or rewording of the
contractual obligations.

2. Reasons for submitting the proposed exception or
change.

3. Any impact the change or exception may have on
project costs, scheduling or other considerations.

11. Other Information
Include any other information you consider to be relevant to the proposal.

12. Consultant agrees that in carrying out its responsibilities under this agreement, and in particular with regard to the employment of persons and sub-contractors working on the project, it will not discriminate on the basis of race, color, creed, national origin, religion, sex, age, or handicap. In the event any of the work performed by consultant hereunder is sub-contracted to another person or firm (with approval of the City as required herein), sub-contract shall contain a similar provision.
287
-7-

PROFESSIONAL SERVICES AGREEMENT
FOR [IDENTIFY PROJECT]
THIS PROFESSIONAL SERVICES AGREEMENT (the "Agreement") is made and entered into this _______ day of ___________________, 20___ (the “Effective Date”), by and between the City of San Clemente, a municipal corporation, hereinafter referred to as the "CITY", and __________________________________ of
__________[address]______ hereinafter referred to as the "CONTRACTOR".

R E C I T A L S:

A. CITY requires professional [identify type of service] services to be performed at or in connection with [identify project].

B. CONTRACTOR has represented to CITY that CONTRACTOR is qualified to perform said services and has submitted a proposal to CITY for same.

C. CITY desires to have CONTRACTOR perform said services on the terms and conditions set forth herein.

C O V E N A N T S:

Based on the foregoing Recitals and for good and valuable consideration, the receipt and sufficiency of which is acknowledged by both parties, CITY and CONTRACTOR agree as follows:

ARTICLE 1

RESPONSIBILITIES OF CONTRACTOR

1.1 Term.

The term of this Agreement shall commence on the Effective Date, and shall continue and remain in effect, until [Insert Termination Date] , unless terminated earlier pursuant to the terms hereof. Notwithstanding the forgoing, the City Manager or his or her designee shall have the authority on behalf of the City to administratively approve extensions to the term hereof not to exceed a cumulative total of one hundred eighty (180) days.

1.2 Scope of Services.

CONTRACTOR shall perform any and all work necessary for the completion of the tasks and services set forth in the "Scope of Services" attached hereto and incorporated herein as Exhibit "A" in a manner satisfactory to CITY. By execution of this Agreement, CONTRACTOR warrants that (i) it has thoroughly investigated and considered the work to be performed; (ii) it has carefully examined the location or locations at or with respect 288
-8-
to which the work is to be performed, as applicable; and (iii) it fully understands the difficulties and restrictions attending the performance of the work provided for under this Agreement. CONTRACTOR acknowledges that certain refinements to the Scope of Services may, on occasion, be necessary to achieve CITY’s goals hereunder, and CONTRACTOR shall cooperate with and assist the CITY to identify and make such refinements prior to undertaking any tasks or services that may require refinement.

1.3 Schedule of Performance.

Prior to the City’s execution of this Agreement, and as a condition to the effectiveness hereof, CONTRACTOR shall furnish to CITY proof of insurance coverage as required under Article 5, Insurance. Upon CITY’s release to CONTRACTOR of a fully executed copy hereof and issuance of a written Notice to Proceed, CONTRACTOR shall promptly commence performance of the work. Until such time, CONTRACTOR is not authorized to perform and will not be paid for performing any work under this Agreement.

CONTRACTOR shall exercise reasonable diligence to have the services as set forth in Exhibit "A" completed and submitted to CITY for final approval as soon as reasonably practicable and in accordance with the schedule of performance attached hereto and incorporated herein as Exhibit "B", provided that CONTRACTOR shall be entitled to an extension of time for any delays caused by events or occurrences beyond CONTRACTOR's reasonable control.

1.4 Identity of Persons Performing Work.

CONTRACTOR represents that it employs or will employ at its own expense all personnel required for the satisfactory performance of any and all tasks and services required hereunder. CONTRACTOR shall not replace any of the principal members of the Project team, including any of the persons listed in Exhibit “A” (if CONTRACTOR’S personnel is listed on Exhibit “A”), or any successors to any of such persons, without CITY's prior written approval.

CONTRACTOR represents that the tasks and services required hereunder will be performed by CONTRACTOR or under its direct supervision, and that all personnel engaged in such work shall be fully qualified and shall be authorized and permitted under applicable State and local law to perform such tasks and services. In carrying out such tasks and services, CONTRACTOR shall not employ any undocumented aliens (i.e., persons who are not citizens or nationals of the United States).

This Agreement contemplates the personal services of CONTRACTOR and CONTRACTOR's employees, and it is recognized by the parties hereto that a substantial inducement to CITY for entering into this Agreement was, and is, the professional reputation and competence of CONTRACTOR and CONTRACTOR's employees. Neither this Agreement nor any interest therein may be assigned by CONTRACTOR, except upon written consent of CITY.
289
-9-
Furthermore, CONTRACTOR shall not subcontract any portion of the performance contemplated and provided for herein without the prior written approval of CITY, except for those subcontractors named in the proposal for the project. Nothing herein contained is intended to or shall be construed as preventing CONTRACTOR from employing or hiring as many employees as CONTRACTOR may deem necessary for the proper and efficient execution of this Agreement.

1.5 Cooperation and Coordination of Work With CITY.

CONTRACTOR shall work closely with CITY's designated representative, either individual or committee, who shall have the principal responsibility for liaison and who shall, on a continuous basis, review and approve CONTRACTOR's work.

CONTRACTOR shall ensure that CITY has reviewed and approved all required work as the project progresses.

1.6 Compliance With Laws.

CONTRACTOR shall comply with all applicable Federal, State and local laws, ordinances and regulations, including without limitation all applicable fair labor standards.

CONTRACTOR shall not discriminate against any employee or applicant for employment or any approved subcontractor, agent, supplier or other firm or person providing services to CONTRACTOR in connection with this Agreement on the basis of race, color, creed, ancestry, national origin, religion, sex, sexual orientation, marital status, or mental or physical disability. CONTRACTOR shall take affirmative action to ensure that applicants are employed, and that employees are treated during their employment, without regard to their race, color, creed, ancestry, national origin, religion, sex, sexual orientation, marital status, and mental or physical disability. Such actions shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.

Prior to execution of this Agreement, CONTRACTOR shall furnish to CITY proof that CONTRACTOR and all of its subcontractors have a current, valid business license issued by CITY.

1.7 Standard of Performance.

CONTRACTOR acknowledges and understands that the services and work contracted for under this Agreement require specialized skills and abilities and that, consistent with this understanding, CONTRACTOR’s services and work shall be held to a standard of quality and workmanship prevalent in the industry for such service and work. CONTRACTOR represents to CITY that CONTRACTOR holds the necessary skills and abilities to satisfy the standard of work as set forth in this Agreement. CONTRACTOR shall perform the work and services under this Agreement in accordance with such standard of work and in accordance with the accepted standards of the professional disciplines involved in the project. All work shall be completed to the reasonable satisfaction of CITY. If CITY 290
-10-
reasonably determines that the work is not satisfactory, CITY shall have the right to: (i) meet with CONTRACTOR to review CONTRACTOR's work and resolve matters of concern; and/or (ii) require CONTRACTOR to repeat unsatisfactory work at no additional charge until it is satisfactory.

1.8 Contractor Ethics.

CONTRACTOR represents and warrants that it has not provided or promised to provide any gift or other consideration, directly or indirectly, to any officer, employee, or agent of CITY to obtain CITY’s approval of this Agreement. CONTRACTOR shall not, at any time, have any financial interest in this Agreement or the project that is the subject of this Agreement other than the compensation to be paid to CONTRACTOR pursuant to Article 3, Compensation. In the event the work and/or services to be performed hereunder relate to a project and/or application under consideration by or on file with the City, (i) CONTRACTOR shall not possess or maintain any business relationship with the applicant or any other person or entity which CONTRACTOR knows to have a personal stake in said project and/or application, (ii) other than performing its work and/or services to CITY in accordance with this Agreement CONTRACTOR shall not advocate either for or against said project and/or application, and (iii) CONTRACTOR shall immediately notify CITY in the event CONTRACTOR determines that CONTRACTOR has or acquires any such business relationship with the applicant or other person or entity which has a personal stake in said project and/or application. The provisions in this Section 1.8 shall be applicable to all of CONTRACTOR’s officers, directors, employees, and agents, and shall survive the termination of this Agreement.

1.9 Changes and Additions to Scope of Services.

CITY may make changes within the general scope of services provided for in this Agreement. CONTRACTOR shall agree to any such changes that are reasonable.

CONTRACTOR shall make no change in or addition to the character or extent of the work required by this Agreement except as may be authorized in advance in writing by CITY.

Such supplemental authorization shall set forth the specific changes of work to be performed and related extension of time and/or adjustment of fee to be paid to CONTRACTOR by CITY.

1.10 Hiring of Illegal Aliens Prohibited
CONTRACTOR shall not hire or employ any person to perform work within the City of San Clemente or allow any person to perform work required under this Agreement unless such person is a United States citizen or is properly documented and legally entitled to be employed within the United States.
291
-11-

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

ARTICLE 2

RESPONSIBILITIES OF CITY

2.1 Provision of Information.

CITY shall provide full information regarding its requirements for the project, and it shall furnish, without charge to CONTRACTOR, any and all information, data, plans, maps and records which are available to CITY and are necessary for the provision by CONTRACTOR of the tasks and services set forth herein.

2.2 Cooperation With CONTRACTOR.

CITY shall cooperate with CONTRACTOR in carrying out the work and services required hereunder without undue delay. In this regard, CITY, including any representative thereof, shall examine plans and documents submitted by CONTRACTOR, shall consult with CONTRACTOR regarding any such plans and documents, and shall render any necessary decisions pertaining to such plans and documents as promptly as is practicable.

ARTICLE 3

PAYMENT

3.1 Payment Schedule: Maximum Payment Amount.

Prior to the tenth of the month, CONTRACTOR shall submit to CITY a monthly status report and invoices itemizing the services rendered during the previous month. Within fifteen (15) working days after receipt of an invoice from CONTRACTOR, CITY shall determine whether and to what extent CONTRACTOR has adequately performed the services for which payment is sought. If CITY determines that CONTRACTOR has not adequately performed such services, CITY shall inform CONTRACTOR of those acts which are necessary for satisfactory completion. Subject to the provisions of Section 5.2 below, which provide for the City to withhold payment in the event CONTRACTOR’s insurance expires during the term of this Agreement, CITY shall cause payment to be made to CONTRACTOR within fifteen (15) working days from CITY's determination that CONTRACTOR has adequately performed those services for which CITY has been invoiced. In no case shall CITY pay in excess of each line item set forth in Exhibit "A" for any particular task unless approved and authorized by the CITY in writing (applicable only if Exhibit “A” breaks down the Scope of Services on a line item basis). The total compensation for the Scope of Services set forth in Exhibit "A" shall not exceed ____________________ ($_____________), including all amounts payable to CONTRACTOR for its overhead, payroll, profit, and all costs of whatever nature, 292
-12-
including without limitation all costs for subcontracts, materials, equipment, supplies, and costs arising from or due to termination of this Agreement (the “Total Compensation”).

3.2 Changes in Work.

If CONTRACTOR estimates that any proposed change within the general scope of services set forth in Exhibit "A" causes an increase or decrease in the cost and/or the time required for performance of this Agreement, CONTRACTOR shall so notify CITY of that fact in advance of commencing performance of such work. Any such change, and the cost for such change, shall be agreed upon by CITY and CONTRACTOR, and reduced to a writing that, once signed by both CITY and CONTRACTOR, shall modify this Agreement accordingly. In determining the amount of any cost increase for such change, the value of the incomplete portions of the original tasks and services affected by the change shall be credited back to CITY.

3.3 Additional Work.

CITY may request CONTRACTOR to perform additional services not covered by the specific scope of services set forth in Exhibit "A", and CONTRACTOR shall perform such extra services and will be paid for such extra services when the extra services and the cost thereof are reduced to writing, signed by both CITY and CONTRACTOR, and made a part of this Agreement. CITY shall not be liable for payment of any extra services nor shall CONTRACTOR be obligated to perform any extra services except upon such written amendment. To the extent that the extra services render all or a portion of the original tasks and services unnecessary, the value of the unnecessary and incomplete portions of original tasks and services shall be credited back to CITY.

ARTICLE 4

INDEPENDENT CONTRACTOR
CONTRACTOR is an independent contractor and not an employee of the CITY. Neither the CITY nor any of its employees shall have any control over the conduct of the CONTRACTOR or any of CONTRACTOR's employees, except as herein set forth, and CONTRACTOR expressly warrants not to, at any time or in any manner, represent that CONTRACTOR, or any of CONTRACTOR's agents, servants or employees, are in any manner agents, servants or employees of the CITY, it being distinctly understood that CONTRACTOR is and shall at all times remain as to the CITY a wholly independent contractor and that CONTRACTOR's obligations to the CITY are solely such as are prescribed by this Agreement.
293
-13-
ARTICLE 5

INDEMNITY AND INSURANCE

5.1 Indemnification

FOLLOWING PARAGRAPH APPLICABLE TO AGREEMENTS WHERE
CONTRACTOR IS A “LICENSED DESIGN PROFESSIONAL” AND IS
PROVIDING DESIGN PROFESSIONAL SERVICES:

To the fullest extent permitted by law (including, without limitation, California Civil Code Sections 2782 and 2782.8), CONTRACTOR shall defend (with legal counsel reasonably acceptable to the CITY), indemnify, and hold free and harmless CITY and CITY's agents, officers, and employees, and the San Clemente Redevelopment Agency and its agents, officers, and employees (collectively, the “Indemnitees”) from and against any and all claims, loss, cost, damage, injury (including, without limitation, injury to or death of CONTRACTOR or any officers, agents, employees, representatives, or subcontractors of CONTRACTOR [collectively, the “CONTRACTOR ENTITIES”]), expense and liability of every kind, nature and description (including, without limitation, incidental and consequential damages, court costs, attorney’s fees, litigation expenses and fees of expert Contractors or expert witnesses incurred in connection therewith and costs of investigation) that arise out of, pertain to, or relate to, directly or indirectly, in whole or in part, the negligence, recklessness, or willful misconduct of CONTRACTOR, any of the CONTRACTOR ENTITIES, anyone directly or indirectly employed by any of them, or anyone that they control (collectively, the “Liabilities”). Such obligation to defend, hold harmless and indemnify any Indemnitee shall not apply to the extent that such Liabilities are caused in part by the sole negligence, active negligence, or willful misconduct of such Indemnitee.

FOLLOWING PARAGRAPH APPLICABLE TO AGREEMENTS WHERE
CONTRACTOR IS NOT A “LICENSED DESIGN PROFESSIONAL”:

CONTRACTOR shall defend (with legal counsel reasonably acceptable to the CITY), indemnify, and hold free and harmless CITY and CITY's agents, officers, and employees, and the San Clemente Redevelopment Agency and its agents, officers, and employees from and against any and all claims, loss, cost, damage, injury (including, without limitation, injury to or death of an employee of CONTRACTOR or CONTRACTOR’s officers, agents, employees, representatives, or subcontractors [collectively, the “CONTRACTOR ENTITIES”]), expense and liability of every kind, nature and description (including, without limitation, incidental and consequential damages, court costs, attorney’s fees, litigation expenses and fees of expert Contractors or expert witnesses incurred in connection therewith and costs of investigation) that arise out of, pertain to, or relate to, directly or indirectly, in whole or in part, the actions or failure to act of CONTRACTOR, any of the CONTRACTOR ENTITIES, anyone directly or indirectly employed by any of them, or anyone that they control, under this Agreement. 294
-14-
For purposes of this Agreement, a “Licensed Design Professional” shall be limited to licensed architects, registered professional engineers, licensed professional land surveyors and landscape architects, all as defined under current law, and as may be amended from time to time by California Civil Code § 2782.8.

5.2 Insurance.

Prior to the City’s execution of this Agreement, and as a condition to the effectiveness hereof, CONTRACTOR shall submit certificates and endorsements to CITY indicating compliance with the following minimum insurance requirements, and CONTRACTOR shall maintain such insurance in effect during the entire term of this Agreement:

A. Workers' Compensation insurance to cover CONTRACTOR's employees as required by the California Labor Code with employer’s liability limits not less than One Million Dollars ($1,000,000) per accident or disease.

Before execution of this Agreement by CITY, CONTRACTOR shall file with CITY the attached signed Worker's Compensation Insurance Certification. CONTRACTOR shall require all subcontractors similarly to provide such compensation insurance for the respective employees.

None of the CITY, the San Clemente Redevelopment Agency, or any of their respective officers, employees, and agents will be responsible for any claims in law or equity occasioned by failure of CONTRACTOR to comply with this paragraph.

B. Commercial General Liability, personal injury and property damage liability, contractual liability, independent contractor's liability, and automobile liability insurance, with minimum combined liability limits of One Million Dollars ($1,000,000) per occurrence for all covered losses, and Two Million Dollars ($2,000,000) in the aggregate. Any deductible or selfinsured retention in excess of Five Thousand Dollars ($5,000) shall be declared to the City and requires the prior approval of the City’s Risk Manager. Each such policy of insurance shall:
(1) be issued by companies that hold a current policy holder’s alphabetic and financial size category rating of not less than A-VII, according to the current Best’s Key Rating Guide or a company of equal financial stability that is approved by CITY’s Risk Manager for all coverages except surety.
(2) name and list as additional insureds CITY, CITY’s officers, employees, and agents and, if the CITY’s Risk Manager so requires, the City of San Clemente Redevelopment Agency and its officers, employees, and agents. An endorsement shall accompany the insurance certificate naming such additional insureds.
295
-15-
(3) specify it acts as primary insurance and that no insurance held or owned by CITY (or, if applicable, the San Clemente Redevelopment Agency) shall be called upon to cover a loss under said policy; (4) contain a clause substantially in the following words: "it is hereby understood and agreed that this policy may not be canceled or materially changed except upon thirty (30) days prior written notice to CITY of such cancellation or material change as evidenced by a return receipt for a registered letter;"
(5) cover the operations of CONTRACTOR pursuant to the terms of this Agreement; and
(6) be written on an occurrence and not a claims made basis.

C. Professional Liability or Errors and Omissions insurance specifically designed to protect against acts, errors or omissions of the CONTRACTOR and “covered professional services” as designated in the policy must specifically include work performed under this Agreement. The policy limit shall be not less than One Million Dollars ($1,000,000) per claim and One Million Dollars ($1,000,000) in the aggregate. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer’s duty to defend.
 If this box is checked and CITY has initialed below, the requirement for Professional Liability or Errors and Omissions insurance set forth in paragraph C above is hereby waived.

CITY’s Initials: _____
Notwithstanding anything herein to the contrary, in the event any of CONTRACTOR’s insurance as required pursuant to this Section 5.2 expires during the term of this Agreement, CITY shall withhold any payment due to CONTRACTOR hereunder until such time as CONTRACTOR obtains replacement insurance that meets all of the applicable requirements hereunder and submits certificates and endorsements evidencing such insurance to CITY.

CONTRACTOR shall require all of its subcontractors to procure and maintain during the course of their subcontract work with CONTRACTOR insurance that complies with the foregoing minimum insurance requirements. CONTRACTOR shall obtain from such subcontractors and retain in its files certificates evidencing such compliance. 296
-16-
ARTICLE 6

TERMINATION
This Agreement may be terminated by CITY for any reason, with or without cause, upon written notice to CONTRACTOR. In such event, CONTRACTOR shall be compensated for all services performed and costs incurred up to the date of notification for which CONTRACTOR has not been previously compensated, plus termination expenses reasonably incurred and properly accounted for (but in no event to exceed the amount which, when combined with other amounts paid, exceeds the amount for any uncompleted task set forth in Exhibit "A", as applicable). Upon receipt of notice of termination from CITY, CONTRACTOR shall immediately stop its services, unless otherwise directed, and deliver to CITY all data, drawings, reports, estimates, summaries and such other information and materials as may have been accumulated by CONTRACTOR in the performance of this Agreement, whether completed or in process.

ARTICLE 7

MISCELLANEOUS

7.1 Ownership of Documents.

All reports, software programs, as well as original data collected, original reproducible drawings, plans, studies, memoranda, computation sheets and other documents assembled or prepared by CONTRACTOR or furnished to CONTRACTOR in connection with this Agreement shall be the property of CITY and delivered to CITY at completion of the project or termination of this Agreement, whichever occurs first. Copies of said documents may be retained by CONTRACTOR, but shall not be made available by CONTRACTOR to any individual or organization without the prior written approval of CITY.

Any use of completed documents for projects other than that covered by this Agreement and/or any use of uncompleted documents without specific written authorization from CONTRACTOR will be at CITY's sole risk and without liability or legal exposure to CONTRACTOR.

7.2 Notices.

Any notices to be given under this Agreement shall be given by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States mail, addressed to CONTRACTOR at [address] , and to the City of San Clemente, [address] , San Clemente, California ______, Attention: [specify] .

7.3 Covenant Against Contingent Fees.

CONTRACTOR warrants that it has not employed or retained any company or person to solicit or secure this Agreement and that it has not paid or agreed to pay any company or person any fee or commission from the award or making of this Agreement. For breach or violation of this warranty, CITY shall have the right to annul this Agreement without 297
-17-
liability or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of such fee or commission.

7.4 Liquidated Damages.
 APPLICABLE ONLY IF THIS BOX HAS BEEN CHECKED AND BOTH PARTIES HAVE INITIALED BELOW.

If CITY seeks monetary damages for CONTRACTOR’S failure to complete all of the services required hereunder by the completion date set forth in Exhibit “B” (the “Completion Date”), CONTRACTOR shall be required to pay to CITY _________ Dollars ($_____) per day for each day beyond the Completion Date that any of such services remain uncompleted; provided, however, that nothing herein shall be deemed to limit CITY’s remedy for CONTRACTOR’s failure to complete all services required hereunder by the Completion Date to seeking monetary damages, and CITY shall be entitled to pursue any other equitable remedy permitted by law, including, without limitation, specific performance.

THE PARTIES HERETO AGREE THAT THE AMOUNT SET FORTH IN THIS SECTON 7.4 (THE “DAMAGE AMOUNT”) CONSTITUTES A REASONABLE

APPROXIMATION OF THE ACTUAL DAMAGES THAT CITY WOULD SUFFER DUE TO CONTRACTOR’S FAILURE TO COMPLETE ALL OF THE SERVICES

REQUIRED HEREUNDER BY THE COMPLETION DATE, CONSIDERING ALL OF

THE CIRCUMSTANCES EXISTING ON THE EFFECTIVE DATE OF THIS

AGREEMENT, INCLUDING THE RELATIONSHIP OF THE DAMAGE AMOUNTS

TO THE RANGE OF HARM TO CITY, THAT REASONABLY COULD BE

ANTICIPATED AND THE ANTICIPATION THAT PROOF OF ACTUAL DAMAGES WOULD BE COSTLY OR INCONVENIENT. THE DAMAGE AMOUNT SET FORTH IN THIS SECTION 7.4 SHALL BE THE SOLE DAMAGES REMEDY FOR CONTRACTOR’S FAILURE TO COMPLETE ALL OF THE SERVICES REQUIRED

HEREUNDER BY THE COMPLETION DATE, BUT NOTHING IN THIS SECTION

7.4 SHALL BE INTERPRETED TO LIMIT CITY’S REMEDY FOR CONTRACTOR’S

FAILURE TO COMPLETE ALL OF THE SERVICES REQUIRED HEREUNDER BY THE COMPLETION DATE TO SUCH A DAMAGES REMEDY. IN PLACING ITS

INITIALS AT THE PLACES PROVIDED HEREINBELOW, EACH PARTY

SPECIFICALLY CONFIRMS THE ACCURACY OF THE STATEMENTS MADE

ABOVE AND THE FACT THAT EACH PARTY HAS BEEN REPRESENTED BY

COUNSEL OR HAS HAD THE OPPORTUNITY TO BE REPRESENTED BY

COUNSEL TO EXPLAIN THE CONSEQUENCES OF THE LIQUIDATED DAMAGES PROVISION AT OR PRIOR TO THE TIME EACH EXECUTED THIS AGREEMENT.

CONTRACTOR’S INITIALS: ___________ CITY’S INITIALS: ___________ Notwithstanding any of the above, nothing herein is intended to preclude the CITY’s recovery of its attorney’s fees and costs incurred to enforce this Section 7.4, as provided in Section 7.10 below.
298
-18-

7.5 Interpretation and Enforcement of Agreement.

This Agreement shall be construed and interpreted both as to validity and performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted and maintained in the Superior Court of the County of Orange, State of California, or in any other appropriate court with jurisdiction in such county, and CONTRACTOR agrees to submit to the personal jurisdiction of such court.

7.6 Disputes.

In the event of any dispute arising under this Agreement, the injured party shall notify the defaulting party in writing of its contentions by submitting a claim therefor. The injured party shall continue performance of its obligations hereunder so long as the defaulting party immediately commences to cure such default and completes the cure of such default with reasonable diligence and in no event to exceed 30 days after service of the notice, or such longer period as may be permitted by the injured party; provided, that if the default results in an immediate danger to the health, safety, and general welfare, CITY may take such immediate action as CITY deems warranted.

7.7 Retention of Funds.

CITY may withhold from any monies payable to CONTRACTOR sufficient funds to compensate CITY for any losses, costs, liabilities or damages suffered by CITY due to default of CONTRACTOR in the performance of the services required by this Agreement.

7.8 Waiver.

No delay or omission in the exercise of any right or remedy by a nondefaulting party shall impair such right or remedy or be construed as a waiver. CITY's consent or waiver of one act or omission by CONTRACTOR shall not be deemed to constitute a consent or waiver of CITY's rights with respect to any subsequent act or omission by CONTRACTOR. Any waiver by either party of any default must be in writing.

7.9 Rights and Remedies are Cumulative.

Except as may be expressly set forth in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies or other rights or remedies as may be permitted by law or in equity shall not preclude the exercise by such party, at the same or different times, of any other rights or remedies to which such party may be entitled.

7.10 Attorneys’ Fees.
299
-19-
In the event either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party in such action shall be entitled to recover its reasonable costs and expenses, including without limitation reasonable attorneys’ fees and costs. Attorneys’ fees shall include attorneys’ fees on any appeal, and in addition, a party entitled to attorneys’ fees shall be entitled to all other reasonable costs for investigating such action, including the taking of depositions and discovery, expert witness fees, and all other necessary costs incurred in the litigation, suit, or other action requiring attorney time. All such fees shall be enforceable whether or not such action is prosecuted to final judgment.

7.11 Integrated Agreement.

This Agreement contains all of the agreements of the parties and cannot be amended or modified except by written agreement. No prior oral or written understanding shall be of any force or effect with respect to those matters covered in this Agreement.

7.12 Authority.

The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties. [APPLICABLE TO INDIVIDUAL CONTRACTORS ONLY]

7.13 Compliance with California Unemployment Insurance Code Section 1088.8: Prior to signing the Contract, CONTRACTOR shall provide to CITY a completed and signed Form W-9, Request for Taxpayer Identification Number and Certification.

CONTRACTOR understands that pursuant to California Unemployment Insurance Code Section 1088.8, the CITY will report the information from Form W-9 to the State of California Unemployment Development Department, and that the information may be used for the purposes of establishing, modifying, or enforcing child support obligations, including collections, or reported to the Franchise Tax Board for tax enforcement purposes. [End – Signature page follows]
300
- 20 -
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed on the respective dates set forth opposite their signatures.

CITY OF SAN CLEMENTE
By:

ATTEST: Its:
______________________________ Dated: ____________________, 20____ CITY CLERK of the City of
San Clemente, California
APPROVED AS TO FORM:

Burke, Williams & Sorensen, LLP
By:

Elizabeth A. Mitchell, City Attorney

APPROVED AS TO AVAILABILITY

OF FUNDING
By: _____________________________
Finance Authorization
(“CONTRACTOR”)
Contractor’s License Number___________
By:

Its:

Dated: ____________________, 20____
301
EXHIBIT “A”
EXHIBIT “A”

SCOPE OF SERVICES
[To be inserted by CITY]
[Scope of Services should include complete description of scope of work, identification of Project team, and payment schedule by task. See Sections 1.2, 1.4, and 3.1 of Agreement]
302
EXHIBIT “B”
EXHIBIT “B”

SCHEDULE OF PERFORMANCE
[To be inserted by CITY]
[See 1.3 of Agreement]
303
EXHIBIT “B”
WORKER’S COMPENSATION INSURANCE CERTIFICATION
___________________________________________
Project No. _________

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.

Dated: ________________________, 20____
304

RFP - INSTRUCTIONS AND CONDITIONS
-3-
________________________________
Contracting Firm
By: ________________________________
________________________________
Title
________________________________
Address
________________________________
305

PROPOSAL FOR

ON-CALL ENGINEERING

PLAN CHECK SERVICES
Prepared for:

Zak Ponsen, PE
Senior Civil Engineer

CITY OF SAN CLEMENTE
910 Calle Negocio, Suite 100
San Clemente, CA 92673
Prepared by:

DMc ENGINEERING
18 Technology Drive, Suite 100
Irvine, CA 92618
P5815
January 21, 2025
$WWDFKPHQW
306

CITY OF SAN CLEMENTE

ON-CALL ENGINEERING PLAN CHECK SERVICES
I. DMc ENGINEERING - COVER LETTER Page | 1
I. COVER LETTER
January 21, 2025
Mr. Zak Ponsen, Senior Civil Engineer

CITY OF SAN CLEMENTE
910 Calle Negocio, Suite 100
San Clemente, CA 92673
[email protected]
RE: ON CALL ENGINEERING PLAN CHECK SERVICES (RFP INVITATION NO. 2019GPPC) Dear Mr. Ponsen,
DMc Engineering (DMc) is pleased to submit the enclosed proposal to provide Engineering Plan Check Services in response to the City of San Clemente’s RFP issued Dec 23, 2024. We have a successful thirty-seven (37) year history providing plan check services to numerous cities and agencies in Orange County. Our firm would appreciate the opportunity to continue to provide these services to the City of San Clemente.

DMc’s plan check experience is reinforced by our expertise and qualifications described herein. For ease of reference, we have listed key reasons why DMc is the best firm to assist with the City’s plan checking process. a. Previous experience – DMc possesses 37 years of plan check experience. This experience is in grading, drainage, utilities, water quality, erosion control and supporting studies and reports i.e., hydrology and hydraulic soils reports, sewer studies, and water hydraulic analysis. b. Record of success – DMc’s 37 years of plan check experience is highlighted by the following clients.

City of Huntington Beach – Water Department City of Irvine – Public Works City of Huntington Beach – Public Works City of Irvine – Community Development City of Laguna Beach – Public Works City of Irvine – Building & Safety City of Laguna Niguel- Public Works City of Irvine – City Manager’s Office Irvine Ranch Water District City of Newport Beach – Public Works Trabuco Canyon Water District City of Newport Beach - Utilities Orange County Great Park (OCGP) City of Seal Beach
c. Experienced Project Manager – DMc will provide a proven project manager who is not only technically sound, but strong in working with consultants and other agencies. He is a licensed engineer and licensed surveyor experienced in plan checking as well as project management, construction management, and design. These skills provide the credibility necessary to serve the City. d. Educationalbackground– DMc provides staff that possess not only the required skill sets but also the licenses and certifications that are essential in providing plan check services. These credentials include the following:

Professional Engineer Contractor’s A license
Licensed Surveyor Hazardous Materials Certification
QSP / QSD HEC-RAS Certification
Expert Witness
307

CITY OF SAN CLEMENTE

ON-CALL ENGINEERING PLAN CHECK SERVICES
I. DMc ENGINEERING - COVER LETTER Page | 2
e. Staff to perform work within the specified time – Meeting the agency’s committed/stated plan check turnaround times are important to DMc. This is evident by the internal log in and log out tracking system that DMc maintains for plan check contracts.
f. Methodology - DMc has developed a methodical and practical approach to performing plan checks. This process ensures that all plan checks are reviewed technically, thoroughly and timely. g. Public Presentations – DMc’s project manager assigned to this work effort has 45 years of engineering experience, 37 years of plan check experience, is highly skilled at providing presentations, and is known to be a consensus builder.
h. Work with City Staff – Through 37 years of plan checking, DMc knows the importance of interfacing with City staff. In addition, DMc is familiar with city structure and how the departments interact. i. New ideas – DMc’s plan check expertise is not limited to plan checking. DMc has been instrumental in creating standard drawings, plan check procedures, and plan check checklists to other agencies. j. Technical Knowledge – DMc has developed a vast array of technical knowledge and resources through knowledge of UBC, APWA, City Standards, City Policies, City Guidelines, Industry Standards, UPC, Title 24, California Contract Code, County DAMP, and County Hydrology Manual. k. Availability and Experience– DMc’s staff is licensed, certified, available and committed to complete services on time/on budget.
m. Availability, Experience and Knowledge DMc is known for their commitment to reach all agreed budgets and schedules, which is why they have 37 years of experience. Our staff is available to meet the city’s needs.

We appreciate your review of the enclosed proposal. We look forward to the opportunity to serve the City of San Clemente.

Sincerely,
DMc ENGINEERING
Derek J. McGregor, PE, PLS, QSD, QSP
Principal
18 Technology Drive, Suite 100
Irvine, CA 92618
949-753-9393
Our price for the proposed services is valid for 90 days from the submittal of this proposal. 308

CITY OF SAN CLEMENTE

ON-CALL ENGINEERING PLAN CHECK SERVICES
II. DMc ENGINEERING - BACKGROUND AND APPROACH Page | 3
II. BACKGROUND AND APPROACH
DMc Engineering understands the City’s plan check scope of work. More importantly, we understand what is essential to be successful at providing these services. We work as though we are an extension of City staff with an objective to efficiently guide applicants through the submittal process and ensure the documents are technically sound and meet the appropriate criteria and standards.

We will work as a consultant under contract with the City of San Clemente Public Works Department to review civil engineering plans that are submitted to the City for review and approval. The types of plans we will review are residential, multi-family, commercial, industrial and slope repair projects. The work associated with these projects includes demolition, rough and precise grading, street improvement, drainage, erosion control, water quality, storm drains, hydrology and hydraulic reports, signing/striping and traffic control. DMc will look for completeness and correctness of plans, design, calculations, quantity and cost estimates relative to technical information and conformance to City standards. Additionally, we will check plans to ensure compliance with the City’s Conditions of Approval, Grading Ordinance and Grading Manual, as well as County, State and Federal guidelines, when applicable.

If needed, DMc will assist the City in developing guidelines to facilitate the plan checking process. We will also create checklists specific to project type to assist applicants in preparing submittals, as well as provide a guideline for review of plans during the plan check process.

Plan check services will be completed by full-time staff members of DMc Engineering; we will not subcontract with other individuals to perform any plan reviews. The specific team members complete the plan checks is specified in Section V of this document, titled ‘Project Organization and Staffing”.

Completed plan reviews will consist of redline comments to the plans, a completed checklist that quickly identifies general plan requirements, and written comments, which may be either non-technical or to further explain redline comments. Plan review documents will be transmitted to the City and the applicant in both electronic and hard copy format. If specified, DMc will complete plan check reviews electronically. We will deliver completed plan check documents to the assigned City staff within the requested turnaround time. If there are any questions or comments about DMc’ s plan review, they will be resolved prior to returning corrections to the applicant. 309

CITY OF SAN CLEMENTE

ON-CALL ENGINEERING PLAN CHECK SERVICES
III. DMc ENGINEERING - METHODOLOGY Page | 4
III. METHODOLOGY
DMc Engineering has been providing plan checking services to various cities and agencies for over 37 years. This experience includes, but is not limited to any type of document (plan or report) associated with public and private development; grading plans; street improvement plans; water and wastewater; drainage plans; dry utilities; WQMP, Hydrology & Hydraulics, demolition, erosion control, etc. DMc Engineering understands the importance of communication, so in providing these services DMc has met with developers, engineers, contractors, consultants, the general public and others on behalf of cities and agencies in resolving or making recommendations for the resolution of development issues, public right-of-way improvements, reports, processing requirements, construction and related issues.

Our approach to each Civil Engineering Plan Check project will start with the Project Manager, who in turn assigns a Project Engineer based on their specific expertise in the function or design aspect of the project.

The DMc team operates based on the philosophy that emphasizes effective Client/Consultant communication as a key element to the success of any project. At DMc Engineering, this begins at the initial review, where the highly experienced Project Manager confirms that the initial submittal is complete and has the minimum information necessary to conduct an effective plan review.

Once that is complete, DMc Engineering’s document control leader logs the plan check in and sets up the appropriate tracking number and dates for future reference. The plan check then gets underway. The first check in the most critical in identifying the critical components that the documents are missing.

DMc Engineering prides itself in providing thorough 1st check reviews, thereby allowing the applicant to resolve any major issues before it gets too deep into the plan check process. Both written and verbal communication are utilized.

Project Progress and Design Review meetings are provided to the applicant and/or the City as a part of our overall services.

DMc Engineering maintains an active and on-going Quality Control/Quality Assurance (QC/QA) Program for plan review. This emphasizes technical accuracy and reduction of overall costs that effect/benefit the City. Implementation of this program is achieved through personal involvement of the Project Manager.

DMc Engineering believes that our strict adherence to the City’s plan review time frame can be achieved through timely and continuous communication with the City. In the event of an expedited review, DMc will work with the City to quickly meet required milestones at no cost to the City by implementing any, or all of the following steps: fast-track and/or overlap project activities; perform more frequent project reviews and schedule coordination meetings with emphasis on time control.

Once a review is completed, the results of the review are provided in the form of three documents: 1) written comments (for permanent record purposes), 2) City’s Plan Check Checklist, and 3) redline comments on the documents that are scanned. In addition, DMc Engineering has experience in logging into cities’ tracking and plan check systems such as EPR + Go Post..
310

CITY OF SAN CLEMENTE

ON-CALL ENGINEERING PLAN CHECK SERVICES
III. DMc ENGINEERING - METHODOLOGY Page | 5
When satisfied as to the completeness and accuracy of the plans, DMc Engineering will provide the city with a written certification of the review and return the certification and the plans. Between reviews, the DMc team is available to meet and/or discuss any review comments. These meetings are in person or remotely “via a Go-to-Meeting” which has proven to be successful on numerous applications.

The following factors are considered and performed as a part of the plan checking in order to facilitate the process.

DMc Engineering understands and meets these factors which is why we have been so successful in performing plan check reviews.
1) Confirmation - Each submittal package contains appropriate information and/or support documentation 2) Log in and track process via city system
3) Knowledge of criteria, standards, policies, guidelines and ordinances specific to the project 4) Adherence to committed plan review turn-around time of 12 working days for a first review and 7 working days thereafter.
5) Open communication with applicant and assistance in the facilitating process 6) Comprehensive 1st plan check review to identify potentially fatal flaws early in the plan review process versus late in the process.
311

CITY OF SAN CLEMENTE

ON-CALL ENGINEERING PLAN CHECK SERVICES
IV. DMc ENGINEERING - WORK PLAN Page | 6
IV. WORK PLAN
DMc’s 37 years of experience in providing plan check services has allowed us to develop a defined and efficient work plan. For plan checks performed at DMc’s office, the initial step is to immediately pick up the related plan check documents upon notification (if not electronically sent). DMc document control staff confirms the packages are complete and logs them into the DMc data base tracking log-in sheet. DMc then begins the formal plan review. Work products that are presented and associated with each review are as follows. 1) DMc database tracking sheet that identifies every plan check when received, current status, and when returned, along with disposition (i.e., approved or not approved). 2) Plan Check Letter describing plan review comments and their disposition (i.e., open or closed). 3) Plan Check Checklist describing compliance or noncompliance. 4) Redline Plans which are electronically scanned for easy retrieval for follow-up conversations and/or archiving purposes.
5) Meeting notes for any plan review meetings.
6) Phone notes of any conversations.

A comprehensive step-by-step work plan is identified in the methodology section of this proposal. 312

CITY OF SAN CLEMENTE

ON-CALL ENGINEERING PLAN CHECK SERVICES
V. DMc ENGINEERING - ORGANIZATION AND STAFF Page | 7

WILBERT CHO, PE,

CHRISTOPHER CHO, PE, SE

STRUCTURAL ENGINEERING

SUBCONSULTANT
V. PROJECT ORGANIZATION AND STAFFING
The specific amount of time associated with each review is subject to the size of the plan set and/or complexity of the project. Additionally, the proficiency of the applicant has a significant impact on the amount of time required to complete the review.

Typical allocation of resources is as follows:

The noted DMc staff are available to commit the time
and resources necessary to complete the city
assignments.

CITY OF SAN CLEMENTE
ALT. #3

HOLLY FERGUSON
Document Control
ALT. #2
UZO OKEREKE, PhD, PE
Water Resources
ALT. #1

DAVID GINS, PE
Hydraulic & Hydrology
DEREK J. McGREGOR, PE, PLS

PROJECT MANAGER

KEY CITY CONTACT
45 35
20 PLAN CHECK TASKS
REDLINES+WRITTEN DOC CONTROL SPECIALTY

1. PLAN REVIEW–REDLINE + WRITTEN COMMENTS = 70% /

BY PROJECT MANAGER

2. SPECIALTY PLAN REVIEW-REDLINE + WRITTEN
COMMENTS=20% / BY ALT#1 +2 + SUBCONSULTANT

3. PLAN PICK UP/LOG IN/ASSIGN DUE DATE/REVIEW FOR
COMPLETENESS = 35% / BY: ALT #3
313

CITY OF SAN CLEMENTE

ON-CALL ENGINEERING PLAN CHECK SERVICES
V. DMc ENGINEERING - ORGANIZATION AND STAFF Page | 8

PROJECT MANAGER
The experience and expertise of a Project Manager needs to be one of the top factors when selecting a firm. DMc Engineering understands this, which is why we have successful long-term relationships with Public Work Agencies.

DMc Engineering’s designated Project Manager for the City of San Clemente will be Derek J. McGregor, PE, PLS.

He is a Professional Registered Civil Engineer and Land Surveyor with over forty (40) years of experience in private and public works projects; 37 of which have been in plan checking for public agencies. Mr. McGregor knows and appreciates the importance of the role of the Project Manager, which is to ensure the project design complies with the appropriate standards, guidelines and policies. Also, the project is of the highest quality and provides the City with the best value and long-term service and maintenance.

Mr. McGregor has managed many on-call plan check contracts in his career. These plan checks have not only involved technical reviews but include entitlement reviews. He has assisted with writing conditions of approval and is thorough in checking that compliance with project development conditions are met. Mr. McGregor’s experience ranges from single family residential to extensive multi acre residential developments; he is experienced in all aspects of commercial/industrial projects, ADA evaluation and compliance, and has a strong background in drainage and hillside grading. This experience is evident by requests that he serve as an expert witness for grading, drainage, and hillside related projects. He has performed countless reviews of WQMPs, Hydrology and Hydrologic Studies and supporting geotechnical reports. As a QSD, he has overseen and reviewed erosion control/BMP plans and improvements. Mr. McGregor is design driven yet has a very realistic approach to plan review through his involvement as a construction manager. His role as a plan checker has been for both private sector work as well as public works projects. He is well versed in public speaking and coordinating / running project meetings. He is recognized as a facilitator in consensus building for all aspects of the project. A key item of importance is that Mr.

McGregor has performed over 1500 different types of plan reviews in 37 years. This has provided him with a diverse background, making him a very credible resource for public agencies.

DMc TEAM
The DMc Engineering team that will assist Mr. McGregor consists of licensed professional engineers and surveyors, QSP, QSD, licensed contractors, technical personnel, and administrative support staff. Their unique qualifications are noted below, and in resumes that follow:

Uzo Okereke, PhD., PE, QSD
Mr. Okereke is a multi-disciplinary Engineer, with over forty (40) years of experience with reviewing public works and private sector development projects. Mr. Okereke is an expert in the field of storm water discharge and treatment.

He is highly experienced in reviewing hydrology/hydraulic studies. He is knowledgeable in the extensive criteria that regulates storm runoff design. He is also an expert in the review of storm drain plans and studies. His expertise also includes water quality design and compliance. He is experienced in planning, design, development and management of projects and works directly with engineers and consultants in getting their documents reviewed and approved. 314

CITY OF SAN CLEMENTE

ON-CALL ENGINEERING PLAN CHECK SERVICES
V. DMc ENGINEERING - ORGANIZATION AND STAFF Page | 9
David Gins, PE
Mr. Gins is a Project Engineer with over eighteen (18) years of experience in providing engineering plan reviews His knowledge in using design software and modeling has expanded his ability to review, comment and interface with engineers in getting their documents/plans through plan check. He is responsible for the review of street and storm drain improvement plans. He is familiar with the standards and ordinances that regulate the design of these improvements. He is also experienced in the review of wet and dry utility plans and supporting studies.

Holly Ferguson
Ms. Ferguson is experienced in the critical role of overseeing the logging and tracking of plan check submittals. She has been working in this capacity for over ten (10) years. Ms. Ferguson is familiar with and has authorization to access city networks to facilitate the plan check process. In this role, she is responsible for routing and tracking new submittals; downloading electronic submittals, routing paper submittals, coordinating and uploading both written and redline comments via the City’s Active Review system in SIRE; routing final reviews and clearing approved plans through Eden; working with City departments to track responses and coordinating with applicants. Additionally, she facilitates responses to questions from applicants, coordinating changes to their submitted plans and/or interim reviews prior to formal submittals, providing current review status and requests to expedite review.

SUBCONSULTANT
Cho Design Associates, Inc.

Wilber Cho, PE / Christopher, PE, SE
Wilbert & Chris Cho are principals of Cho Design and Associates, Inc. They have decades of experience managing their multi-disciplined structural engineering firm specializing in transportation facilities, bridges and public works facilities.
315

CITY OF SAN CLEMENTE

ON-CALL ENGINEERING PLAN CHECK SERVICES
Derek J. McGregor, PE, PLS, QSD, QSP
Project Manager
Education B.S. Civil Engineering,
Southern Illinois University, 1978
Associate in Applied Science,
Construction Technology,
Lincoln Land College, 1976
Certification Qualified SWPPP Practitioner QSP #20404
40-Hour OSHA Health & Safety Training
Licenses Licensed Civil Engineer-CA #38483
Licensed Surveyor – CA #6496
Licensed Civil Engineer – NV #11038
Licensed Surveyor – NV #11038
Licensed Civil Engineer – NM #16133
CASQA Qualified SWPPP Developer
(QSD)
Years of
Experience
44 Technical Experience
Mr. McGregor has over 40 years of experience in managing and designing of Public Works and Land Development projects. He is both a licensed engineer and a licensed surveyor. Mr. McGregor has the expertise to coordinate all aspects of projects requiring preparation of PS&E’s. He is also experienced in utility, compilation/relocation, surveying and mapping, hydrology + hydraulics, water and wastewater entitlements, CEQA, value engineering and water quality. He also oversees specialty area consultants, such as geotechnical and traffic signal signalization.

As a certified Qualified Storm Water Practitioner (QSP), he has extensive expertise in drainage design, Mr. McGregor provides guidance for stormwater management practices in accordance with the agency’s low impact development requirements, and the requirements of NPDES General Permit.

Mr. McGregor has served as the Program/Project Manager for the development of the Great Park (GP) in the City of Irvine since 2008, Mr. McGregor provides technical expertise necessary to support design development and construction at the GP. The GP project involves the management of a massive effort to redevelop the former Marine Corps Air Station into a seamless integration of recreation, relaxation, education, and cultural development projects. The GP project involves the design and construction of multi-million-dollar storm drains, storm drain channels, pavement rehabilitation, street and parking lot improvements, utilities, sports complexes, public buildings, landscaping and open fields, public park amenities, security systems and lighting. Mr. McGregor has extensive plan checking and CIP development and management experience. He is highly experienced in overseeing multiple agency requirements and processing.

DMc ENGINEERING - RESUMES
316

CITY OF SAN CLEMENTE

ON-CALL ENGINEERING PLAN CHECK SERVICES
Uzo Okereke, PhD, PE, QSD
Project Engineer
Education Ph.D. Civil Engineering, UCLA
MS, Civil Engineering, UCLA BS,
Civil Engineering, UCLA
MS, Applied Hydrology - Stanford BS,
Geology - University of Nigeria
Licenses Registered Civil Engineer, CA #57532
Qualified SWPPP Developer, QSD #21102
General Engineering Contractor (RME),
California, #C0716465
Hazardous Substances Removal and Remediation
Contractor (RME), CA #C0716465
Certifications 40-Hour OSHA Health & Safety Training 8- Hour Supervisor’s Health &Safety Training
Roadway Workers Protection Certification
Years of
Experience
40 Technical Experience
Mr. Okereke has extensive experience in the site design of water quality measures, such as low impact development (LID), and best management practices (BMPs) required under the NPDES Permit No. CAS004001, Order No. R4-2012-0175, as amended by Order WQ-2015-0075, and adopted by the California Regional Water Quality Control Board. He also has an in-depth and extensive working knowledge of the Orange County Drainage Area Management Plan (DAMP), and the related Technical Guidance Document.

He has provided QSD/QSP services on several projects including the Great Park (GP) Western Sector Park Development Program (WSPDP), Dudley Senior Apartments Complex in Pomona, California; Ponderosa Elementary School in Anaheim, California; Mount of Olives Lutheran Church, Mission Viejo, California; and the Santa Anita Racetrack in Arcadia, California.

He is currently providing QSD Services for maintaining a programmatic overview of the objectives of the Master SWPPP for the Western Sector Park Development Plan (WSPDP) in the City of Irvine. This entails tracking compliance to the SWRCB Construction General Permit (CGP) requirements for the Great Park including Best Management Practices as they pertain to Capital Improvement Projects at the Park. He maintains an oversight of the CGP compliance activities including project schedule for BMP implementation, erosion and sediment control, non-stormwater controls, waste and materials management, and post construction stormwater management measures. He tracks and reports any significant changes in any of the elements outlined above to the state by means of the Stormwater Multiple Application Reporting and Tracking System (SMARTS) and amends the Master SWPPP as needed.

Mr. Okereke’s QSD role includes close interaction with DMc Qualified SWPPP Practitioners (QSPs) and other Field Technical Staff on such day-to-day activities as construction site monitoring, routine observations and inspections of BMP installations, non-stormwater discharge observations, along with rain-event triggered observations and inspections, visual observations prior to a forecasted qualifying rain event, and records of such activities.

Mr. Okereke QSD role also includes oversight of weather and rain event tracking includes preparation of a qualifying rain event action plan (REAP), pre-, during, and post-rain event visual observations, inspection of designated risk level 2/3 monitoring locations, supervision of sampling and analysis for non-visible pollutants in stormwater runoff discharges, and the compilation of sample analysis data evaluation and reporting.

DMc ENGINEERING - RESUMES
317

CITY OF SAN CLEMENTE

ON-CALL ENGINEERING PLAN CHECK SERVICES
David Gins, PE, QSD
Project Engineer
Education B.S. Civil Engineering, Virginia Tech Certification Qualified SWPPP Practitioner QSP #89609 40-Hour OSHA Health & Safety Training
Licenses Licensed Civil Engineer-CA #89609
Professional Engineer, AZ, #67568
Professional Engineer, DC, #PE920699
Professional Engineer, MD, #52394
Professional Engineer, NV, #025972
Professional Engineer, NC, #046305
Professional Engineer, OR, #94220
Professional Engineer, VA #0402059167
Professional Engineer, WA, #56698
CASQA Qualified SWPPP Developer
(QSD)
Years of
Experience
18 Technical Experience
Mr. Gins is a Project Engineer with over 18 years of experience designing streets and related infrastructure. He is proficient in using design software and modeling and has many years of experience working with public agency clients. His experience includes the design of streets, water, sewer, storm drains, grading, hydrology, hydraulics, retaining walls and retention basins. He is very familiar with ADA ramp and bicycle, pedestrian and transit access improvement designs. These designs include a wide variety of projects including mid-to-large residential and commercial projects. Mr. Gins’ extensive design experience includes all aspects of subdivision engineering including grading/earthwork; street/road design for all surface improvements; infrastructure utilities; water, sewer and storm drains. His drainage experience includes the design of major drainage basins with respect to capacity and storage. He is proficient in using AES, Civil Design and Civil 3D 2019 software for rational method, hydraulics, units hydrograph, routing as well as size piping and associated catch basins.

Mr. Gins has used subsurface utility engineering to provide utility mapping and surveying for redevelopment projects within the County and City of Los Angeles, along with the Cities of Long Beach, Anaheim, San Diego, Riverside, Victorville, Rancho Palos Verdes, and Venice Beach. He researched record drawings and microfilm to establish existing monuments before creating demolition and street improvement plans containing new gas lines, storm drains, water lines, sewer lines, sidewalks, walkways, alleys, and retaining walls. Mr. Gins was also responsible for floodplain analysis, precise grading plans, storm water plans, water and sewer design, hydrology and hydraulics reports for Orange, Riverside, Imperial, San Bernardino and San Diego Counties.

DMc ENGINEERING - RESUMES
318

CITY OF SAN CLEMENTE

ON-CALL ENGINEERING PLAN CHECK SERVICES
Holly Ferguson
Document Control
Education B.A. Psychology, San Diego
State University
B.A. Spanish, San Diego State
University
Years of
Experience
10 Technical Experience
Ms. Ferguson is DMc Engineering’s agency interface for document control. She is the point of contact to coordinate the receipt and distribution of all documents; in particular, plan submittals. This work includes extensive document coordination for the City of Irvine Great Park. It also includes downloading, filing and plotting submitted plans, reports, letters and exhibits. She is familiar with agency standards and guidelines, as well as the plan check and submittal process. Ms. Ferguson manages the system to track submittals, reviews and deadlines, ensuring pertinent information is available and reviews are completed on schedule. She has remote access to agency networks for project research and document control. This includes the use of specific agency GIS for utility research and property data. She works with city field staff to confirm utility locations and identify field issues.

Additionally, she coordinates with the agencies and assists applicants with corrections to streamline the approval process. Ms.

Ferguson is currently assisting Trabuco Canyon Water District in updating their Engineering Standards and Technical Specifications.

Ms. Ferguson has been with DMc Engineering for over 15 years. Her agency experience includes working with the Cities of Huntington Beach, Laguna Beach, Irvine, San Clemente, as well as the Trabuco Canyon Water District and Santa Margarita Water District. Ms. Ferguson is certified in AutoCAD.

DMc ENGINEERING - RESUMES
319

CITY OF SAN CLEMENTE

ON-CALL ENGINEERING PLAN CHECK SERVICES
VI. DMc ENGINEERING - RELATED EXPERIENCE Page | 11
VI. RELATED EXPERIENCE
DMc Engineering is an Irvine-based civil engineering, land surveying, planning, and construction management firm with extensive experience and a strong record of success in providing plan check services. DMc Engineering has been providing these services for over thirty-seven (37) years. Throughout these years, DMc Engineering has become a leader and is well respected among the agencies they have served. Our staff consists of licensed professional engineers and surveyors, QSP, QSD, licensed contractors, technical personnel, and administrative support staff.

The expertise and project history of DMc Engineering and their personnel have resulted in them being one of the top firms in providing plan checking services in Orange County. Our plan check services include the checking/reviewing of all types of documents related to site (public & private) improvements. Examples of these documents include:
rough, precise, hillside grading, drainage, demolition, street improvements, storm drain plans, signing and striping plans, traffic signalization; utility (wet/dry) supporting studies and reports along with coordinating responses between various city departments; and in preparing city response letters to applicants and the public, as necessary.

DMc Engineering is also experienced in working with planning departments on establishing conditions of approval including entitlement, EIR’s and other reports. DMc Engineering:
x Specializes in plan check services
x Is available and ready to work on projects with short notice x Has extensive experience with on-call Plan Check Services with public agencies in Orange County DMc Engineering’s thirty-seven (37) years of experience in plan check further exemplifies the type and quality of services that DMc provides. Agencies that DMc Engineering provides these services to over the past thirty-seven (37) years are noted below:
x City of Irvine – 37 years x Irvine Ranch Water District – 30 years x Orange County Great Park – 17 years x Santa Margarita Water District – 30 years x City of Huntington Beach – 10 years x City of Newport Beach – 22 years x Trabuco Canyon Water District – 30 years x City of Laguna Beach – 7 years x City of Laguna Niguel – 7 years
Throughout these 37 years, Mr. McGregor has managed numerous on-call contracts with public agencies.

Through these contracts, he has worked with and become familiar with most city departments and their personnel, including Public Works/Engineering, City Manager, Community Development / Building and Safety, Community Services, and Public Safety. DMc has coordinated plan reviews and provided consistent, non-conflicting comments with all departments.

Mr. McGregor has provided similar services to other agencies, in which, DMc Engineering has had on-call contracts and/or where they have had individual design contracts. These agencies include several Orange County cities and special districts.
320

CITY OF SAN CLEMENTE

ON-CALL ENGINEERING PLAN CHECK SERVICES
VI. DMc ENGINEERING - RELATED EXPERIENCE Page | 12
DMc Engineering is contracted with City agencies and water districts to perform plan checking services.

The services we provide are consistent with plan checking of comprehensive public and private improvement plans.

The type of documents reviewed consist of the following:
x Grading Plans x Easements
x Street Improvement Plans x SWPPP
x Storm Drain Plans x WQMP
x Water & Sewer Plans
x Dry Utilities
x Hydrology & Hydraulics
x Soils
x IRWD SAMP x Demolition Plan
x Tract/Parcel Maps
Contact information for agencies we are currently providing plan check services is listed below:

CITY OF SAN CLEMENTE
Ron Nicholas
Zak Ponsen
Assistant Engineer
Sr. Civil Engineer
949.361.6141
949.361.6135
[email protected]
[email protected]

CITY OF HUNTINGTON BEACH
Lili Hernandez Associate Civil Engineer 714.374.5386 [email protected] Steve Bogart Senior Civil Engineer 714.536.5431 [email protected] Bob Milani Senior Civil Engineer 714.374.1735 [email protected] Tom Herbel City Engineer 714.375.5077 [email protected]

CITY OF LAGUNA BEACH
Josh McDonald Associate Civil Engineer 949.497.0728 [email protected]

CITY IRVINE
Gregg Gipe Project Administrator 949.724.7372 [email protected] Steve Sherwood Manager of Engineering/Public
Works & Sustainability
949.724.7327 [email protected]
Pete Carmichael
Sean Crumby
Assistant City Manager
Assistant City Manager/Director
of Public Works & Sustainability
949.724.6092
949.724.6070
[email protected]
[email protected]

CITY NEWPORT BEACH
Tom Sandefur Assistant City Engineer 949.724.7372 [email protected] Jim Houlihan Deputy Director of Public Works /
City Engineer
949.724.7327 [email protected]

TRABUCO CANYON WATER DISTRICT
Micheal Pera
Lorrie Lausten
Assistant General Manager
Principal Engineer
949.858.0277
949.858.0277
[email protected]
[email protected]
321

CITY OF SAN CLEMENTE

ON-CALL ENGINEERING PLAN CHECK SERVICES
VI. DMc ENGINEERING - RELATED EXPERIENCE Page | 13

CITY OF LAKE FOREST
Tom Wheeler Director of Public Works / City
Engineer
949.461.3480 [email protected]

CITY OF LAGUNA NIGUEL
Kathy Kelley Engineering Services Manager 949.362.4341 [email protected] Jeremy Hohnbaum Principal Civil Engineer 949.362.4317 [email protected] Subconsultant
Cho Design & Associates, Inc.

Cho & Design Associates, Inc. experience includes on-call structural plan check services for the Cities of Irvine, Anaheim and Perris CA. Other related experience includes the following: structural condition assessment for Irvine Ranch Water District, preliminary studies, PS and E preparation and resident engineering services for Five Point Communities/City of Irvine and the City of Perris, CA.

Contact information for agencies that have worked with Cho Design Associates, Inc.is listed below.

CITY OF IRVINE
Steve Sherwood Assistant City Engineer 949.724.7327 [email protected]

CITY OF ANAHEIM
Raul Garcia Construction Services Manager 714.765.5255 [email protected]

CITY OF PERRIS
Stuart McKibbin City Engineer 951.943.6504 [email protected]

IRVINE RANCH WATER DISTRICT
Carl Spangenberg Senior Engineer 949.453.5567 [email protected]

FIVE POINT COMMUNITIES
Tom Banks Vice President 949-349-1000 [email protected] 322

CITY OF SAN CLEMENTE

ON-CALL ENGINEERING PLAN CHECK SERVICES
VII. DMc ENGINEERING – CORRECTION DOCUMENTS
Page | 13
VII. SAMPLE PLAN REVIEW CORRECTION LISTS AND FORMS
DMc Engineering’s experience in providing plan check services has expanded beyond reviews. We have helped agencies become more efficient and, in turn provided applicants a more straight-forward review process. This has been accomplished by developing or improving documents for agencies. We have created checklists for Preliminary and Precise Grading Plans, Public Street Improvement Plans and WQMP’s for residential and commercial projects. In addition, we have also developed new standard drawings for agencies.

The following are samples of these documents.
323

CITY OF SAN CLEMENTE

PLAN CHECK LOG
DMc PC # CITY JN REC'D ACCT # CITY WO# PLAN ADDRESS PROJECT PC # DUE SENT HOURS ENGINEER NOTES 1307-0148 ENG24-391 01/13/25 43535 N/A PGP 130 Avenida Cadiz NSFR 2 01/22/25 3.00 WH ENG Flat Fee - site walls, walls calcs 1307-0153 ENG24-569 12/24/24 PGP 2 Via Merced 1 01/24/25 CIVILSCAPES Flat Fee (Invoice up to $2,950.35 for PC's 1-3)1307-0141 ENG22-372 12/24/24 21512 400788 PGP 240 Avenida Serra New Duplex 3 01/08/25 01/10/25 5.00 DENMARK review is to include shoring 1307-0149 ENG24-385 12/23/24 43535 N/A PGP 24 Marana NSFR 3 01/07/25 01/07/25 2.00 TOAL Flat Fee (Invoice up to $2,950.35 for PC's 1-3) almost approved1307-0139 ENG24-090 12/13/24 43535 N/A PGP 1557 Avenida Salvador NSFR 3 01/02/25 01/03/25 2.00 TOAL Flat Fee (Invoice up to $3,419.55 for PC's 1-3)1307-0109 ENG19-028 12/10/24 21512 400713 SHORING 155 Avenida Del Mar ZOV's 1 ASAP 12/31/24 0.50 TUCKER Comments to responses1307-0137-1 ENG23-442 12/18/24 43535 N/A CALCS/WALLS 127 Avenida De La Paz (House #2) NSFR 4R1 ASAP 12/24/24 1.00 9 TOAL Flat Fee (Invoice up to $2,839.85 for PC's 1-3)1307-0150 ENG24-443 11/26/24 43535 N/A PGP 113 Avenida Sierra SFR + ADU 2 12/09/24 12/12/24 5.00 D. YORK Fixed Fee1307-0139 ENG24-090 12/06/24 43535 N/A PGP 1557 Avenida Salvador NSFR 2.1 ASAP 12/06/24 2.00 TOAL Cursory Review1307-0137-1 ENG23-442 11/26/24 43535 N/A CALCS 127 Avenida De La Paz (House #2) NSFR 4R ASAP 12/05/24 1.50 TOAL Flat Fee (Invoice up to $2,839.85 for PC's 1-3) Rec'd correct wall calcs to finish1307-0149 ENG24-385 11/01/24 43535 N/A PGP 24 Marana NSFR 2 11/12/24 11/12/24 4.00 TOAL Flat Fee (Invoice up to $2,950.35 for PC's 1-3)1307-0152 ENG24-513 11/05/24 43535 N/A WALL 2407 Plaza a la Playa WALL PLAN FOR NSFR 1 ASAP 11/07/24 4.00 MILANI Invoice up to $3,552.15 for PC's 1-3 UZO = 1307-0138-2 ENG24-081 10/24/24 43535 N/A PGP 12 Mar del Rey NSFR 5 11/04/24 11/05/24 1.00 9 D. YORK DONE! 1307-0152 ENG24-513 10/18/24 43535 N/A PGP 2407 Plaza a la Playa NSFR 1 11/01/24 11/04/24 3.00 MILANI Invoice up to $3,552.15 for PC's 1-31307-0144 ENG24-158 10/17/24 43535 N/A PGP House #1 Avd de la Paz NSFR 2 10/28/24 11/01/24 2.00 TOAL Flat Fee (Invoice up to $2,839.85 for PC's 1-3) UZO = 5 hrs1307-0139 ENG24-090 10/15/24 43535 N/A PGP 1557 Avenida Salvador NSFR 2 10/24/24 10/28/24 5.00 TOAL Flat Fee (Invoice up to $3,419.55 for PC's 1-3)1307-0151 ENG24-352 10/02/24 21512 400792 PGP 1430 S. El Camino Real New Mixed-Use 1 10/22/24 10/22/24 6.00 TOAL Will send Mon or Tues (10-21/10-22) DG=41307-0138-1 ENG24-081 10/16/24 43535 N/A PGP 12 Mar del Rey NSFR 4.1 10/16/24 10/16/24 0.50 D. YORK interim check to avoid resubmittal. City may approve pending1307-0142-1 ENG24-159 10/02/24 21512 400789 PGP 245 W. El Portal Duplex 4 10/11/24 10/11/24 3.00 D. YORK Flat Fee (Invoice up to $2,839.85 for PC's 1-3)1307-0141 ENG22-372 10/08/24 21512 400788 PGP 240 Avenida Serra New Duplex 2.1 ASAP 10/08/24 2.00 DENMARK interim check before submittal1307-0150 ENG24-443 09/20/24 43535 N/A PGP 113 Avenida Sierra SFR + ADU 1 10/04/24 10/07/24 7.00 D. YORK Fixed Fee Uzo = 5 hours (shoring)1307-0137-1 ENG23-442 09/20/24 43535 N/A PGP 127 Avenida De La Paz (House #2) NSFR 4 10/01/24 10/01/24 2.00 TOAL Flat Fee (Invoice up to $2,839.85 for PC's 1-3)1307-0149 ENG24-385 09/12/24 43535 N/A PGP 24 Marana NSFR 1 09/26/24 09/27/24 4.00 TOAL Flat Fee (Invoice up to $2,950.35 for PC's 1-3)1307-0142 ENG24-159 09/16/24 21512 400789 PGP 245 W. El Portal Duplex 3 09/25/24 09/25/24 3.00 D. YORK Flat Fee (Invoice up to $2,839.85 for PC's 1-3)1307-0138-1 ENG24-081 09/11/24 43535 N/A PGP 12 Mar del Rey NSFR 4 09/20/24 09/23/24 2.00 D. YORK Flat Fee (Invoice up to $3,419.55 for PC's 1-3)1307-0143 ENG24-181 09/09/24 43535 fixed fee PGP 2874 Via Bellota NSFR 3 09/18/24 09/19/24 1.00 9 MILANI Flat Fee (Invoice up to $1,618.40 for PC's 1-3)1307-0141 ENG22-372 08/29/24 21512 400788 PGP 240 Avenida Serra New Duplex 2 09/11/24 09/18/24 5.00 DENMARK review is to include shoring Uzo had 4 hours on shoring1307-0146 ENG24-037 08/29/24 43535 N/A PGP 17 Marbella NSFR 2 09/11/24 09/16/24 3.00 B. MAYER Fixed Fee1307-0148 ENG24-391 08/21/24 43535 N/A PGP 130 Avenida Cadiz NSFR 1 09/09/24 09/13/24 3.00 WH ENG Flat Fee - site walls, walls calcs1307-0147 ENG24-383 08/13/24 PGP 223 E. Avenida Ramona Addition/Remodel 1 08/27/24 08/29/24 3.00 TOAL1307-0143 ENG24-181 08/12/24 43535 fixed fee PGP 2874 Via Bellota NSFR 2 08/21/24 08/20/24 3.50 MILANI Flat Fee (Invoice up to $1,618.40 for PC's 1-3)1307-0138 ENG24-081 08/09/24 43535 N/A PGP 12 Mar del Rey NSFR 3 08/20/24 08/26/24 2.00 D. YORK Flat Fee (Invoice up to $3,419.55 for PC's 1-3)1307-0145 ENG24-252 08/09/24 43535 fixed fee PGP 121 Princesa NSFR on vacant lot 2.1 ASAP 08/15/24 0.25 9 MILANI Fixed Fee1307-0137 ENG23-442 07/25/24 43535 N/A PGP 127 Avenida De La Paz (House #2) NSFR 3 08/05/24 08/07/24 3.00 TOAL Flat Fee (Invoice up to $2,839.85 for PC's 1-3)1307-0142 ENG24-159 07/10/24 21512 400789 PGP 245 W. El Portal Duplex 2 07/22/24 08/05/24 3.00 D. YORK Flat Fee (Invoice up to $2,839.85 for PC's 1-3)1307-0138 ENG24-081 07/26/24 43535 N/A PGP 12 Mar del Rey NSFR 2.1 ASAP 08/05/24 0.25 D. YORK (Interim Check - Walls)1307-0145 ENG24-252 07/25/24 43535 fixed fee PGP 121 Princesa NSFR on vacant lot 2 08/05/24 07/30/24 3.00 MILANI Fixed Fee1307-0146 ENG24-037 07/01/24 43535 N/A PGP 17 Marbella NSFR 1 07/17/24 07/18/24 3.00 B. MAYER Fixed Fee1307-0107-3 ENG21-179 07/02/24 45300 21208 STRUCT. 259 W. Marquita Demo/New duplex 4 07/15/24 07/16/24 1.00 PETER ASSO La PazSAl Portal r del Rey Bellota Bellota Serra ANSNSFR New SAFR Duplex NSFR SAplex NSFR (House SFR SA#2 House #2) NSFR Mixed-Use ixed-Use
SFR
DuplexNew Duplex New DupSFR + ADU SFR + ADU
) NSFR AMP S R21512214.1 P4 M10/ 10/24/2 10/24 MPLP 2/09/24 ASAP ASAP 11/12/24 11/12/ ASAP 11/04/24 11/04 11/01/24 110/28/24 10 LP M11 11/05/2 PLE/25 /03/25 12/31/24 12/24/24 12/12/24 12/06/24 12/05/24 1211/12/24 11/12/24 11/07/24 EL P SAM 5.00 2 LE.00 2.00 0.50 1.00 5.00 2.00E1.50 L9 ET 324

CITY OF SAN CLEMENTE

PLAN CHECK LOG
DMc PC # CITY JN REC'D ACCT # CITY WO# PLAN ADDRESS PROJECT PC # DUE SENT HOURS ENGINEER NOTES 1307-0138 ENG24-081 06/13/24 43535 N/A PGP 12 Mar del Rey NSFR 2 06/27/24 07/02/24 2.00 D. YORK Flat Fee (Invoice up to $3,419.55 for PC's 1-3)1307-0141 ENG22-372 06/14/24 21512 400788 PGP 240 Avenida Serra New Duplex 1R ASAP 06/24/24 1.00 DENMARK Addendum 1 (review per 2019 CBC)1307-0145 ENG24-252 06/05/24 43535 fixed fee PGP 121 Princesa NSFR on vacant lot 1 06/21/24 06/20/24 3.00 MILANI Fixed Fee1307-0140 ENG24-097 06/05/24 43535 fixed fee PGP 216 Avenida Victoria Addition/Remodel 2 06/14/24 06/14/24 3.00 LGS ENG. Fixed Fee1307-0107B ENG21-258 04/23/24 45300 21208 PGP/STRUC 259 W. Marquita Bluff Stabilization 3 ASAP 06/05/24 PETER ASSO Invoice separately/bluff repair / lift sta. (T&M) Cho1307-0143 ENG24-181 05/06/24 43535 fixed fee PGP 2874 Via Bellota NSFR 1 05/20/24 05/20/24 4.00 MILANI Flat Fee (Invoice up to $1,618.40 for PC's 1-3)1307-0144 ENG24-158 04/23/24 43535 N/A PGP House #1 Avd de la Paz NSFR 1 05/07/24 05/09/24 4.00 TOAL Flat Fee (Invoice up to $2,839.85 for PC's 1-3)1307-0124 ENG22-344 04/23/24 21512 N/A WALLS 2878 Via Bellota NSFR 3 ASAP 05/06/24 2.00 Z. KABIR Structural Walls + Calcs 10 walls + caisson 1307-0124 ENG22-344 04/23/24 21512 N/A PGP 2878 Via Bellota NSFR 3 05/02/24 05/03/24 4.00 Z. KABIR PGP / DRAINAGE1307-0137 ENG23-442 04/18/24 43535 N/A PGP 127 Avenida De La Paz (House #2) NSFR 2 04/29/24 05/02/24 5.00 TOAL Flat Fee (Invoice up to $2,839.85 for PC's 1-3) (House 2)1307-0130-1 ENG22-383 04/16/24 43535 N/A PGP 27002 Paseo Activo NSFR 4 04/25/24 04/26/24 2.00 9 CRF ENG RW and Shoring. PC1-3 = $3,292.90 HF1307-0136 ENG23-355 04/15/24 43535 N/A PGP 231 W. Avenida San Antonio NSFR 3 04/24/24 04/30/24 2.00 TOAL Flat Fee (Invoice up to $2,839.85 for PC's 1-3) Uzo = 6 hrs1307-0107-2 ENG21-179 04/09/24 45300 21208 STRUCT. 259 W. Marquita Demo/New duplex 3 04/24/24 04/24/24 PETER ASSO $220 to equal Cho's hours @ $2251307-0142 ENG24-159 04/04/24 21512 400789 PGP 245 W. El Portal Duplex 1 04/23/24 04/24/24 3.00 D. YORK Flat Fee (Invoice up to $2,839.85 for PC's 1-3)1307-0107-2 ENG21-179 04/09/24 45300 21208 PGP 259 W. Marquita Demo/New duplex 3 04/18/24 04/18/24 4.00 PETER ASSO Includes walls (T&M) - Cho PGP ONLY1307-0141 ENG22-372 03/28/24 21512 400788 PGP 240 Avenida Serra New Duplex 1 04/11/24 04/12/24 5.00 DENMARK Shoring and Ret Walls HF1307-0140 ENG24-097 03/26/24 43535 N/A PGP 216 Avenida Victoria Addition/Remodel 1 04/10/24 04/10/24 3.00 LGS ENG. Fixed Fee HF1307-0135 ENG23-353 04/05/24 43535 N/A PGP 229 W. Avenida San Antonio NSFR 3 04/05/24 04/05/24 0.00 9 TOAL Per discussion with Toal, we approved the plan1307-0139 ENG24-090 03/14/24 43535 N/A PGP 1557 Avenida Salvador NSFR 1 04/01/24 04/02/24 3.00 TOAL Flat Fee (Invoice up to $3,419.55 for PC's 1-3)1307-0135 ENG23-353 03/18/24 43535 N/A PGP 229 W. Avenida San Antonio NSFR 3 03/26/24 03/27/24 2.00 TOAL Flat Fee (Invoice up to $2,839.85 for PC's 1-3)1307-0138 ENG24-081 03/13/24 43535 N/A PGP 12 Mar del Rey NSFR 1 03/27/24 03/26/24 2.00 D. YORK Flat Fee (Invoice up to $3,419.55 for PC's 1-3)1307-121-4 ENG23-293 03/22/24 21512 400775 PGP 3015 Eminencia del Norte NSFR on Empty Lot 4 ASAP 03/22/24 0.25 9 TOAL Quick final check to confirm1307-133-1 ENG23-243 03/08/24 43535 N/A PGP 3826 Vista Blanca NSFR 4 03/19/24 03/18/24 2.00 9 TOAL Invoice up to $1,618 for PC's 1-31307-0121 ENG23-293 03/11/24 21512 400775 PGP 3015 Eminencia del Norte NSFR on Empty Lot 3.2 ASAP 03/12/24 0.25 TOAL Bill hourly (T & M) INTERIM CHECK1307-0121 ENG23-293 03/05/24 21512 400775 PGP 3015 Eminencia del Norte NSFR on Empty Lot 3.1 ASAP 03/07/24 0.50 TOAL Bill hourly (T & M) INTERIM CHECK1307-0136 ENG23-355 02/15/24 43535 N/A PGP 231 W. Avenida San Antonio NSFR 2 02/27/24 02/27/24 2.00 TOAL Flat Fee (Invoice up to $2,839.85 for PC's 1-3)1307-0137 ENG23-442 03/14/24 43535 N/A SEWER Avenida De La Paz (House #2) NSFR 1.1 ASAP 03/18/24 0.25 TOAL Flat Fee (Invoice up to $2,839.85 for PC's 1-3)1307-0135 ENG23-353 02/02/24 43535 N/A PGP 229 W. Avenida San Antonio NSFR 2 02/15/24 02/16/24 2.00 TOAL Flat Fee (Invoice up to $2,839.85 for PC's 1-3)1307-0133 ENG23-243 01/30/24 43535 N/A PGP 3826 Vista Blanca NSFR 3 02/09/24 02/13/24 2.00 TOAL Invoice up to $1,618 for PC's 1-31307-0137 ENG23-442 01/25/24 43535 N/A PGP Avenida De La Paz (House #2) NSFR 1 02/08/24 02/09/24 3.00 TOAL Flat Fee (Invoice up to $2,839.85 for PC's 1-3)1307-0121 ENG23-293 01/25/24 21512 400775 PGP 3015 Eminencia del Norte NSFR on Empty Lot 3 02/05/24 02/05/24 3.00 TOAL Bill hourly (T & M)1307-0107B ENG21-258 01/12/24 45300 21208 PGP 259 W. Marquita Bluff Stabilization 2 01/24/24 01/25/24 4.00 PETER ASSO Invoice separately/bluff repair / lift sta. (T&M)1307-0124 ENG22-344 12/18/23 21512 400784 PGP 2878 Via Bellota NSFR 2 01/12/24 01/12/24 3.00 Z. KABIR Structural Wall + Calcs 10 walls+caisson 1307-0130 ENG22-383 12/18/23 43535 N/A PGP 27002 Paseo Activo NSFR 3 01/02/24 01/02/24 2.00 CRF ENG RW and Shoring. PC1-3 = $3,292.90 (Uzo - 5 hrs)1307-0121 ENG23-293 11/22/23 21512 400775 PGP 3015 Eminencia del Norte NSFR on Empty Lot 2 12/05/23 12/06/23 3.00 TOAL Bill hourly (T & M)1307-0136 ENG23-355 10/30/23 43535 N/A PGP 231 W. Avenida San Antonio NSFR 1 11/15/23 11/15/23 2.00 TOAL Flat Fee (Invoice up to $2,839.85 for PC's 1-3)1307-0135 ENG23-353 10/30/23 43535 N/A PGP 229 W. Avenida San Antonio NSFR 1 11/15/23 11/15/23 2.00 TOAL Flat Fee (Invoice up to $2,839.85 for PC's 1-3)1307-0129 ENG23-104 10/26/23 43535 N/A PGP 117 Calle del Pacifico SFR - Slope Repair 3 11/06/23 11/06/23 2.00 ABI ENG Slope Restoration1307-0133 ENG23-243 10/24/23 43535 N/A PGP 3826 Vista Blanca NSFR 2 11/02/23 11/02/23 2.00 TOAL Invoice up to $1,618 for PC's 1-31307-0109 ENG19-028 10/11/23 21512 400713 SHORING 155 Avenida Del Mar ZOV's 1 10/23/23 10/27/23 2.00 TUCKER SHORING ADDITION REPAIR - T&M1307-0122 ENG22-458 10/11/23 43535 N/A PGP 3824 Calle Tiara New SFR 4 10/19/23 10/19/23 2.00 TOAL Wall Plan / Shoring / PGP MH only comment1307-0133 ENG23-243 09/08/23 43535 N/A PGP 3826 Vista Blanca NSFR 1 09/26/23 09/26/23 2.00 TOAL Invoice up to $1,618 for PC's 1-31307-0129 ENG23-104 09/08/23 43535 N/A PGP 117 Calle del Pacifico SFR - Slope Repair 2 09/21/23 09/21/23 2.00 ABI ENG Slope Restoration1307-0121 ENG23-293 08/31/23 21512 400775 PGP 3015 Eminencia del Norte NSFR on Empty Lot 1 09/18/23 09/19/23 2.00 TOAL Bill hourly (T & M)1307-0122 ENG22-458 09/08/23 43535 N/A PGP 3824 Calle Tiara New SFR 3 09/18/23 09/18/23 2.00 TOAL Wall Plan / Shoring / PGP1307-0130 ENG22-383 08/29/23 43535 N/A PGP 27002 Paseo Activo NSFR 2 09/07/23 09/11/23 2.00 CRF ENG RW and Shoring. PC1-3 = $3,292.90 Antonio
a
a Paz
del Norte
n AntonSAnencia del Norte encia del No W. Marquita arq a Bellota Bellota eo Activo (House NSFR on Empty SFR o Bluff Stabiliz Bluff StabANSFR NSF SA#2 House #2) NSFR NSFR SAMty Lot on Empty Lot on Empty L SFR on Empty Lot n Empty Lot NSFR (House #2 Hou ) NSFR NSFRAMP S 3131443.2 3.1 P2 MAS 03/19/24 03/19 MPL24 18/24 04/11/24 4/11/24 04/10/24 04/10/24 04/05/24 04/05/ 04/01/24 03/26/24 03/26 03/27/24 03ASAP LP M03/2 0 PLE4 30/24 04/24/24 04/24/24 04/18/24 04/12/24 04/10/24 004/05/24 04/05 04/02/24 4/02/24 03/27/24 EL P5.0 2.00 2 LE.00 3.00 4.00 5.00E3.00 L SAMPE9 PETD S 325

CITY OF SAN CLEMENTE

PLAN CHECK LOG
DMc PC # CITY JN REC'D ACCT # CITY WO# PLAN ADDRESS PROJECT PC # DUE SENT HOURS ENGINEER NOTES 1307-0119 ENG22-304 08/29/23 43535 N/A PGP 20 Marana NSFR on Vacant Lot 6 09/07/23 09/11/23 1.00 9 NA CIVIL Invoice $307.70 for each add'l review1307-0132 ENG23-220 08/07/23 21512 400784 PGP 2868 Via Bellota NSFR 1 08/22/23 08/22/23 3.00 9 WC HOBBS Structural Wall + Calcs1307-0119 ENG22-304 07/26/23 43535 N/A PGP 20 Marana NSFR on Vacant Lot 5 08/03/23 08/07/23 1.00 NA CIVIL Invoice $307.70 for each add'l review1307-0126 ENG23-078 07/25/23 43535 N/A PGP 259 Vista Marina NSFR on Empty Lot 5 07/27/23 07/26/23 0.25 9 TOAL RW and Shoring. PC1-3 = $3,292.90 note: raised bldg at PC21307-0118 ENG22-286 07/13/23 43535 N/A PGP 244 La Rambla SFR (Demo+New Build) 5 07/24/23 07/24/23 0.50 9 TOAL Fixed: Up to 2,734 (PGP, Ret Wall+Calcs)1307-0121 ENG22-443 07/17/23 21512 400775 RGP 3015 Eminencia del Norte NSFR on Empty Lot 4 ASAP 07/18/23 1.00 9 TOAL need to show street cl sta. + work in r/w1307-0126 ENG23-078 07/06/23 43535 N/A PGP 259 Vista Marina NSFR on Empty Lot 4 07/17/23 07/17/23 1.00 TOAL RW and Shoring. PC1-3 = $3,292.90 note: raised bldg at PC21307-0127 ENG23-112 06/29/23 21512 400777 PGP 3007 Eminencia del Sur New garage at SFR 3 07/12/23 07/12/23 1.00 STRAND ENG Bill hourly (T & M)1307-0131 ENG23-125 06/26/23 43535 N/A PGP 1200 Vista Cantora SFR - Addition 3 07/06/23 07/10/23 1.00 ADKAN ENG 1307-0118 ENG22-286 06/26/23 43535 N/A PGP 244 La Rambla SFR (Demo+New Build) 4 07/06/23 07/06/23 0.75 TOAL Fixed: Up to 2,734 (PGP, Ret Wall+Calcs) 1307-0113 ENG22-094 06/19/23 43535 N/A PGP Caballeros #3 057-091-20 6 06/28/23 06/28/23 0.25 9 TOAL FINAL/Minor comments to Wall Plan1307-0121 ENG22-443 06/15/23 21512 400775 RGP 3015 Eminencia del Norte NSFR on Empty Lot 3 06/26/23 06/26/23 1.00 9 TOAL need to show street cl sta. + work in r/w sent email to Toal1307-0107B ENG21-258 06/15/23 45300 21208 PGP 259 W. Marquita Bluff Stabilization 1 06/26/23 07/05/23 8.00 PETER ASSO Invoice separately/bluff repair / lift sta. (T&M)1307-0107 ENG21-179 06/15/23 21512 400662 PGP 259 W. Marquita Demo/New duplex 2 06/26/23 07/05/23 8.00 PETER ASSO Includes walls (T&M)1307-0126 ENG23-078 06/12/23 43535 N/A PGP 259 Vista Marina NSFR on Empty Lot 3 06/21/23 06/22/23 2.00 TOAL RW and Shoring. PC1-3 = $3,292.90 note: raised bldg at PC21307-0118 ENG22-286 06/12/23 43535 N/A PGP 244 La Rambla SFR (Demo+New Build) 3 06/21/23 06/21/23 1.50 TOAL Fixed: Up to 2,734 (PGP, Ret Wall+Calcs)1307-0123 ENG22-373 06/05/23 43535 N/A PGP 104 Paseo de la Serenata NSFR 4 06/14/23 06/14/23 1.50 CIVILSCAPES Invoice $285.60 for PC4 minor comment1307-0131 ENG23-125 06/01/23 43535 N/A PGP 1200 Vista Cantora SFR - Addition 2 06/12/23 06/14/23 2.00 ADKAN ENG 1307-0125 ENG23-053 05/23/23 43535 N/A PGP 166 Avenida Santa Margarita SFR Addition + ADU 2 06/05/23 06/06/23 2.50 PEARL CITY Fixed fee ($1618 for PC 1-3) DG=1.5 1307-0128 ENG23-108 05/19/23 43535 N/A PGP 207 Avd San Pablo Retaining Wall at SFR 2 05/31/23 05/31/23 2.00 9 TOAL Flat Fee ($2,734 for PC1-3) APPROVED1307-0113 ENG22-094 05/18/23 43535 N/A PGP Caballeros #3 057-091-20 5 05/30/23 06/01/23 1.00 TOAL FINAL/Minor comments to Wall Plan1307-0127 ENG23-112 05/18/23 21512 400777 PGP 3007 Eminencia del Sur New garage at SFR 2 05/30/23 05/30/23 2.00 STRAND ENG Bill hourly (T & M)1307-0118 ENG22-286 05/15/23 43535 N/A PGP 244 La Rambla SFR (Demo+New Build) 2 05/23/23 05/24/23 2.00 TOAL Fixed: Up to 2,734 (PGP, Ret Wall+Calcs)1307-0119 ENG22-304 05/15/23 43535 N/A PGP 20 Marana NSFR on Vacant Lot 4 05/23/23 05/24/23 2.00 NA CIVIL Invoice $307.70 for each add'l review1307-0126 ENG23-078 05/11/23 43535 N/A PGP 259 Vista Marina NSFR on Empty Lot 2 05/22/23 05/23/23 3.00 TOAL RW and Shoring. PC1-3 = $3,292.90 note: raised bldg at PC21307-0122 ENG22-458 05/11/23 43535 N/A PGP 3824 Calle Tiara New SFR 2 ASAP 05/23/23 3.50 TOAL Wall Plan / Shoring DG=3.51307-0122 ENG22-458 05/11/23 43535 N/A PGP 3824 Calle Tiara New SFR 2 05/22/23 05/22/23 2.00 TOAL RW and Shoring. PC1-3 = $3,292.901307-0123 ENG22-373 05/02/23 43535 N/A PGP 104 Paseo de la Serenata NSFR 3 05/11/23 05/11/23 2.50 CIVILSCAPES Fixed fee ($1618.40 for PC1-3) MINOR COMMENTS1307-0131 ENG23-125 04/21/23 43535 N/A PGP 1200 Vista Cantora SFR - Addition 1 05/09/23 05/09/23 2.00 ADKAN ENG 1307-0130 ENG22-383 04/20/23 43535 N/A PGP 27002 Paseo Activo NSFR 1 05/08/23 05/08/23 4.00 CRF ENG RW and Shoring. PC1-3 = $3,292.90 1307-0113 ENG22-094 04/18/23 43535 N/A PGP Caballeros #3 057-091-20 4 04/27/23 05/01/23 TOAL 1307-0129 ENG23-104 04/07/23 43535 N/A PGP 117 Calle del Pacifico SFR - Slope Repair 1 04/25/23 04/25/23 ABI ENG Slope Restoration 1307-0120 ENG22-188 04/07/23 43535 N/A PGP 2306 Calle La Serna New ADU 2 04/18/23 04/18/23 DZN ENG Flat fee (3 PC's $1,618.40 / No walls)1307-0123 ENG22-373 04/04/23 43535 N/A PGP 104 Paseo de la Serenata NSFR 2 04/13/23 04/13/23 3.50 CIVILSCAPES Fixed fee ($1618.40 for PC1-3)1307-0128 ENG23-108 03/27/23 43535 N/A PGP 207 Avd San Pablo Retaining Wall at SFR 1 04/12/23 04/12/23 2.00 TOAL Flat Fee ($2,734 for PC1-3)1307-0127 ENG23-112 03/27/23 21512 400777 PGP 3007 Eminencia del Sur New garage at SFR 1 04/12/23 04/12/23 2.00 STRAND ENG Bill hourly (T & M)1307-0126 ENG23-078 03/23/23 43535 N/A PGP 259 Vista Marina NSFR on Empty Lot 1 04/10/23 04/10/23 2.50 TOAL RW and Shoring. PC1-3 = $3,292.901307-0117 ENG22-347 03/23/23 21512 400773 PGP 229 Ave Monterey Duplex on Vacant Lot 5 04/10/23 03/24/23 1.00 9 D. RUBIO APPROVED1307-0119 ENG22-304 03/23/23 43535 N/A PGP 20 Marana NSFR on Vacant Lot 3 04/03/23 04/03/23 NA CIVIL1307-0113 ENG22-094 03/09/23 43535 N/A PGP Caballeros #3 057-091-20 3 03/21/23 03/21/23 2.00 TOAL Slope Restoration1307-0121 ENG22-443 03/07/23 21512 400775 RGP 3015 Eminencia del Norte NSFR on Empty Lot 2 03/16/23 03/16/23 3.00 TOAL DG=1.51307-0117 ENG22-347 02/23/23 21512 400773 PGP 229 Ave Monterey Duplex on Vacant Lot 4 03/06/23 03/06/23 1.00 D. RUBIO Work Order Account - H+H MINOR COMMENTS1307-0114 ENG22-095 02/23/23 43535 N/A PGP Caballeros #4 057-091-22 5 03/02/23 03/01/23 1.00 9 AEC MORENO APPROVED1307-0125 ENG23-053 02/07/23 43535 N/A PGP 166 Avenida Santa Margarita SFR Addition + ADU 1 02/24/23 02/24/23 3.00 PEARL CITY Fixed fee ($1618 for PC 1-3)1307-0124 ENG22-344 01/30/23 N/A PGP 2878 Via Bellota NSFR on Vacant Lot 1 02/13/23 02/13/23 7.00 Z. KABIR DG=3+1307-0119 ENG22-304 01/19/23 43535 N/A PGP 20 Marana NSFR on Vacant Lot 2 02/06/23 02/06/23 2.00 NA CIVIL nata
ra
Activo
SurSAs #3 alle del Pacifico del Pacifico alle La Serna e La Serna de la Serenata ablo A05SFR - Slope SFR - Slo New AD NSF SA7-091-20 7-09 NS SAFR SFR - Additio NSFR SAMnt SFR o+New Build) NSFR SFR - Addition AMPd) on Vacant Lot on Vacan SFR on Empty Lot n Empty Lot New SFR New SFR New S P M A S 222522 P422 M05/2 05/23/23 05/23 MPL23 21/23 06/21/23 6/21/23 06/14/23 06/14/23 06/12/23 06/12/ 06/05/23 05/31/23 05/31 05/30/23 0505/30/23 05 LP M0E3 26/23 07/05/23 07/05/23 06/22/23 06/21/23 06/14/23 006/14/23 06/14 06/06/23 6/06/23 05/31/23 06/0 EL P0.7 0.25 1 LE.00 8.00 8.00 2.00 1.50E1.50 L99 E SAMPL PET PET E 326

CITY OF SAN CLEMENTE

PLAN CHECK LOG
DMc PC # CITY JN REC'D ACCT # CITY WO# PLAN ADDRESS PROJECT PC # DUE SENT HOURS ENGINEER NOTES 1307-0114 ENG22-095 01/30/23 43535 N/A SOILS (PGP) Caballeros #4 057-091-22 4 02/06/23 02/06/23 0.50 AEC MORENO For PC4 invoice up to 85% of 362.00 ($307)1307-0123 ENG22-373 01/13/23 43535 N/A PGP 104 Paseo de la Serenata NSFR 1 01/30/23 01/30/23 3.50 CIVILSCAPES Fixed fee ($1618.40 for PC1-3)1307-0117 ENG22-347 01/09/23 21512 400773 PGP 229 Ave Monterey Duplex on Vacant Lot 3 01/18/23 01/19/23 3.50 D. RUBIO Work Order Account - H+H DG=1.01307-0122 ENG22-458 01/04/23 43535 N/A PGP 3824 Calle Tiara New SFR 1 01/18/23 01/18/23 5.00 TOAL Invoice up to $3292 for PC1-3/Shoring+Walls DG=3.51307-0121 ENG22-443 12/16/23 21512 400775 RGP 3015 Eminencia Del Norte New SFR-vacant lot 1 01/13/23 01/12/23 3.00 TOAL DG=1.51307-0114 ENG22-095 12/15/22 43535 N/A SOILS (PGP) Caballeros #4 057-091-22 3 01/03/23 01/03/23 2.00 AEC MORENO Structural Calcs (Walls)

SCHEDULE OF PERFORMANCE
1st REVIEW = 12 WORKING DAYS
2ND + = 7 WORKING DAYS SAMPLE
327

CITY OF SAN CLEMENTE

DEPARTMENT OF PUBLIC WORKS

GRADING PLAN CHECK LIST
X = COMPLIED
N = NON-COMPLIANT / ADD TO PLAN
I = INCOMPLETE
CITY PROJECT NO.: ENG24-157 PLAN CHECK NO: 1
CITY WO NO.: 400750-00-69-055
PROJECT ADDRESS:

PROJECT DESCRIPTION: GRADING FOR SFR
NO. DESCRIPTION PC 1 PC 2 PC 3

TITLE SHEET

1. Grading Plans are prepared on 24x36 sheet size and drawn to scale.

2. All sheets have a border with signature and revision blocks.

3. Assigned project address, lot and tract number are provided.

4. Vicinity Map, North Arrow and Bar Scale shown.

5. Name, address, phone of property Owner, plan preparer and project team.

6. Legend with all symbols, linetypes, acronyms and abbreviations is shown.

7. Legal Description and property APN.

8. Earthwork quantities (cuts, fill, over excavation, import and export) are shown.

9. The City’s latest version of Grading Notes and Erosion Control Notes are on the plan.

10. Incorporate and include any Conditions of Approval as determined by the Planning Commission, if applicable.

11. A wet signed and stamped statement from the Soils Engineer and Geologist for certification of their review of the Grading Plan is in conformance with the approved soils report is provided.

12. A table is shown on the Title Sheet with the following information:
x Size of site/parcel
x Size of disturbed area (sf)
x Status-Priority or Non-Priority Project per WQMP criteria x Hydrologic Subarea
x Water Quality status
x WDID Number
x Required Water Quality / BMP Inspection frequency

IMPROVEMENT PLAN

13. Property limits are clearly labeled or otherwise identified.

14. Street width and centerline are shown.

15. Existing and proposed utilities are shown.

16. Upstream / downstream sewer manholes with rim elevations and sewer lateral are shown. on the Title Sh
cel
he Title Sh
reSAMPLEarer and project team r and project teamE.
nd abbreviation abbreviations is show LE
excavation, import and ex ion, import andPL M
ding Notes and Erosion C ng Notes and Erosion
any Conditions of Appr Conditions of App
ble.
tamped statement atementAMfrom th
of the Grading Plan of the Grading PlAMis i
SA
328

CITY OF SAN CLEMENTE

DEPARTMENT OF PUBLIC WORKS

GRADING PLAN CHECK LIST
X = COMPLIED
N = NON-COMPLIANT / ADD TO PLAN
I = INCOMPLETE
NO. DESCRIPTION PC 1 PC 2 PC 3

17. Water main is shown, including pipe size and material; water meter locations are shown.

18. Storm Drain information and curb drains are shown.

19. Fire service laterals up to the detector check assembly are shown, if applicable.

20. Accurate contours of existing ground, details of terrain and area drainage a minimum of (15) feet beyond property limits are shown. (Spot elevations may be used on flatland sites).

21. Locations of any existing buildings or structures on the property where the work is to be performed and location of any buildings or structures on adjacent owners’ land within (15) feet of the property, or if it may be adversely affected by the proposed grading operations.

22. Prominent existing or natural terrain features, (i.e., slopes, depressions, gullies, drainage courses, run-on sources, streams, bodies of water, wetlands) are shown on plan.

23. All easements and any improvements on-site are shown and labeled.

24. Limiting dimensions including building setbacks from property lines and top and toe of slopes are provided.

25. Existing and proposed improvements within the City Right-of-Way including but not limited to drive approaches, sidewalks, and curb drains are shown.

26. Detailed finish grade and finish floor elevations are provided.

27. Building roof downspout locations with connection details to the storm drain system is shown.

28. Flowlines including gradients are shown.

29. Details of all surface and subsurface drainage devices, walls, cribbing, dams and other protective devices to be constructed with, or as a part of the proposed work are shown.

30. A map showing the drainage area and estimated runoff from the area served by any drains is included on plan.

31. Typical cross sections showing building footing, side-yard swale and slope relationships to the property line are provided.

32. Compliance with latest changes within the 2007 CBC for separation of finish surfaces and finish grades in relation to finish floor elevations is met.

33. Location of all exterior retaining walls with top of wall, top of footing, and finish surface elevation information is provided.

34. All proposed concrete flatwork and/or driveways with elevations is shown. ce and su e and su
e coSAMPnts within theCity Right-o
MPLEre th
wners’ lan
posed grading op posed grading
s, depressions, gullies, ons, gullies, d
e shown and labeled shown and labeled
tlands) are shown on pla
.
n on plaE
backs from property lineLE
and curb drains are show
PL
d finish floor elevations nish floor elevationMPar
spout locations with cations with AMcon
luding gradients are sh ding gradients are sh SA
329

CITY OF SAN CLEMENTE

DEPARTMENT OF PUBLIC WORKS

GRADING PLAN CHECK LIST
X = COMPLIED
N = NON-COMPLIANT / ADD TO PLAN
I = INCOMPLETE
NO. DESCRIPTION PC 1 PC 2 PC 3

35. Driveway slopes are less than 10%. Slopes in excess of 10% shall be reviewed and approved by the City Engineer. See City Standard ST-11 for details of transition lengths for slopes up to 15%.

36. Areas of over-excavation and re-compaction as recommended by the soils report is shown.

37. City Engineer has determined that a haul route shall be submitted for review and approval by the Traffic Engineer prior to the issuance of a grading permit. TBD

38. Soils Report has been provided.

39. Show distance of site to nearest cross street and use street centerline stationing from nearest street intersection for street improvement work location.

40. Wall profiles are provided for projects with three or more wall types. SAMPLEwall types. E erline LE
330
AM
TA
LIN
TS
331

COHB PLAN CHECK LOG
2024
1/15/2025
DMc JN CITY FILE # CONTACT REC'D PLAN ADDRESS DESCRIPTION CK? PC # DUE SENT 9 HRS. ENGINEER DLLD ACCELA 1252-920 PWE2024-0653 L. Hernandez 12/26/24 MISC UTILITY 5705 Spa Drive New Water + Sewer for ADU X 1 01/20/24 Y ACCELA 1252-516 PWG2021-0070 01/15/25 Research 16856 Bayview Dr Research requirements for new WM at this property ASAP 01/15/25 1.00 T. DONG N/A NO1252-919 PWE2024-0640 L. Hernandez 12/18/24 MISC UTILITY 9925 Constitution Dr (2) New WM + service for NSFR + ADU X 1 01/14/25 01/14/25 1.00 Y ACCELA1252-22-1 DAT-2024-0010 S. Bogart 01/08/25 Entitlement/TTM 19331 21845 Magnolia Magnolia Tank Farm 1 01/10/25 01/10/25 2.00 FUSCOE Y NO1252-918 PWE2024-0611 L. Hernandez 11/22/24 MISC UTILITY 505 17th Street Upsize WM N/A 2 01/07/25 01/07/25 0.50 UPLOAD ERROR? N NO1252-363-1 PWG2020-016 S. Bogart 12/30/24 RLS 16722 Wanderer Form for City attorney N/A 1 ASAP 01/02/25 1.00 D. BAKER Y NO1252-842 PWG2023-0061REV3 L. Hernandez 12/11/24 PGP 17251 Beach Blvd Water Easement - SUEA N/A 1 12/30/24 12/30/24 0.75 DKE Y ACCELA 1252-663 PWG2022-0049 L. Hernandez 12/17/24 PGP 17145 PCH 3-Story Mixed-Use N/A 4 12/23/24 12/24/24 0.75 JOE ENG. Y ACCELA1252-761-1 PPR-2024-028 S. Bogart 12/09/24 Entitlement/Report 19471 Beach Blvd Yorktown Place X 1 12/18/24 12/18/24 3.00 CVC ENG Y NO1252-916 PWE2024-0552 L. Hernandez 12/03/24 MISC UTILITY 6937 Warner Ave 1 1/2" WM, BFD N/A 2 12/17/24 12/17/24 1.00 Y ACCELA1252-918 PWE2024-0611 L. Hernandez 11/22/24 MISC UTILITY 505 17th Street Upsize WM X 1 12/17/24 12/16/24 1.00 Y ACCELA 1252-917 PWE2024-0582 L. Hernandez 11/15/24 Encroachment 9921 Constitution Dr WM Upsize X 1 12/10/24 11/21/24 1.50 N/A Y ACCELA1252-894 PWG2023-0087 L. Hernandez 10/19/24 PGP 17072 A Ln. Addition to ex. SFR N/A 5 11/22/24 11/20/24 9 0.50 BARRETT CROOK Y ACCELA1252-647 PWG2024-0002 L. Hernandez 11/15/24 PGP 7100 Warner Ave The Home Depot N/A 5 ASAP 11/15/24 9 1.50 WD PARTNERS Y NO1252-915 PWE2024-0544 L. Hernandez 11/04/24 Encroachment 839 Frankfort Ave Abandon Water service / Construct New 1" N/A 2 11/18/24 11/18/24 9 0.25 D. RUBIO Y ACCELA1252-916 PWE2024-0552 L. Hernandez 10/31/24 MISC UTILITY 6937 Warner Ave 1 1/2" WM, BFD X 1 11/14/24 11/14/24 2.00 Y ACCELA1252-647 PWG2024-0002 S. Bogart 11/04/24 EASEMENT 7100 Warner Ave Easement N/A 1 11/12/24 11/12/24 1.50 WD PARTNERS Y NO1252-903 PWE2024-0017 L. Hernandez 10/22/24 MISC UTILITY 17261 Gothard Beachview MHC Water Service Upgrade N/A 5 10/30/24 11/01/24 9 0.50 BONADIMAN ENG Y ACCELA1252-909 PWE2024-0332 L. Hernandez 10/23/24 Encroachment 20251 New Britain Ln New Sewer and Water service N/A 4 10/30/24 10/31/24 0.75 AQX ENGINEERING Y ACCELA1252-914 PWE2024-0442 L. Hernandez 10/21/24 Encroachment 17092 St. Andrews WM Upsize N/A 3 10/28/24 10/31/24 0.75 Y ACCELA1252-915 PWE2024-0544 L. Hernandez 10/10/24 Encroachment 839 Frankfort Ave Abandon Water service / Construct New 1" X 1 10/31/24 10/31/24 1.00 D. RUBIO Y ACCELA1252-894 PWG2023-0087 L. Hernandez 10/14/24 PGP 17072 A Ln. Addition to ex. SFR N/A 4 10/18/24 10/18/24 0.50 BARRETT CROOK Y ACCELA1252-914 PWE2024-0442 L. Hernandez 10/01/24 Encroachment 17092 St. Andrews WM Upsize N/A 2 10/15/24 10/15/24 0.75 Y ACCELA1252-450-2 PWG2023-0054 L. Hernandez 10/04/24 Street Improvement 7225 Edinger Ave Brandywine - The Isles N/A 5.2 ASAP 10/07/24 0.50 CVC ENG Y NO1252-450-2 PWG2023-0054 L. Hernandez 09/26/24 Street Improvement 7225 Edinger Ave Brandywine - The Isles N/A 5.1 ASAP 09/27/24 0.50 CVC ENG Y NO1252-903 PWE2024-0017 L. Hernandez 09/25/24 MISC UTILITY 17261 Gothard Beachview MHC Water Service Upgrade N/A 4.1 ASAP 09/27/24 0.50 BONADIMAN ENG Y NO1252-825 PWG2023-0045 L. Hernandez 09/19/24 PGP 16591 Lucia Ln New ADU + JADU N/A 3 09/25/24 09/25/24 9 0.50 BAO PHAM Y ACCELA1252-450-2 PWG2023-0054 L. Hernandez 09/18/24 Street Improvement 7225 Edinger Ave Brandywine - The Isles N/A 5 09/24/24 09/24/24 0.50 CVC ENG Y ACCELA1252-907 PWE2023-0540 L. Hernandez 09/16/24 MISC UTILITY 919 England St New WM for ADU N/A 3 09/23/24 09/23/24 9 0.50 Y ACCELA1252-842 PWG2023-0061REV2 L. Hernandez 09/17/24 PGP 17251 Beach Blvd New Hotel Building Addition - Revision 2-4 N/A 4 09/23/24 09/23/24 9 0.50 DKE Y ACCELA1252-797 PWG2023-0028 L. Hernandez 09/05/24 PGP 19012 Lindsay Ln NSFR N/A 2 09/17/24 09/17/24 0.75 THANH NGUYEN Y ACCELA1252-913 PWE2024-0428 L. Hernandez 09/03/24 MISC UTILITY 21911 Summerwind Ln Abandon ex and construct new 1" N/A 2 09/17/24 09/17/24 9 0.50 Y ACCELA1252-842 PWG2023-0061(REV2) L. Hernandez 09/05/24 PGP 17251 Beach Blvd New Hotel Building Addition - Revision 2-3 N/A 3 09/12/24 09/12/24 0.50 DKE Y ACCELA1252-910 PWE2024-0192 L. Hernandez 09/04/24 MISC UTILITY 3282 Gilbert Dr Res. WM + service upgrade N/A 3 09/11/24 09/11/24 9 0.50 LY PHAN Y ACCELA 1252-661-1 PWG2023-0019REV1 L. Hernandez 08/27/24 PGP 3872 Sirius Dr NSFR on Vacant Lot in Harbor N/A 1 09/10/24 09/10/24 0.50 FORKERT Y ACCELA1252-914 PWE2024-0442 L. Hernandez 08/20/24 Encroachment 17092 St. Andrews WM Upsize X 1 09/10/24 09/10/24 1.00 Y ACCELA1252-824 PWG2023-0044 L. Hernandez 08/28/24 PGP 16611 Lucia Ln New ADU + JADU X 2 09/04/24 09/05/24 9 0.25 BAO PHAM Y ACCELA1252-903 PWE2024-0017 L. Hernandez 08/27/24 MISC UTILITY 17261 Gothard Beachview MHC Water Service Upgrade N/A 4 09/04/24 09/06/24 0.50 BONADIMAN ENG Y ACCELA1252-647-1 PWG2024-0002 L. Hernandez 08/30/24 PGP 7100 Warner Ave The Home Depot - Addition N/A 4 09/04/24 09/06/24 1.00 WD PARTNERS Y ACCELA1252-825 PWG2023-0045 L. Hernandez 08/28/24 PGP 16591 Lucia Ln New ADU + JADU X 2 09/04/24 08/30/24 0.75 BAO PHAM Y ACCELA1252-909 PWE2024-0332 L. Hernandez 08/28/24 Encroachment 20251 New Britain Ln New Sewer and Water service N/A 3 09/04/24 08/30/24 1.00 AQX ENGINEERING Y ACCELA1252-913 PWE2024-0428 L. Hernandez 08/09/24 MISC UTILITY 21911 Summerwind Ln Abandon ex and construct new 1" X 1 08/30/24 08/30/24 1.00 Y ACCELA1252-894 PWG2023-0087 L. Hernandez 08/20/24 PGP 17072 A Ln. Addition to ex. SFR N/A 3 08/26/24 08/27/24 0.50 Y ACCELA page 1 of 12
12SAM Ln rews fort Ave or A Ln. 092 St. Andrews Andrews 7225 Edinger Ave 7225 Edinger Ave 7225 Edinger Ave 17261 Gothard Goth 16591 Lucia Ln 16591 Lucia Ln 7225 Edinger Ave 7225 Edinger A 919 England S 17251 Bea 17251 Bea MA ent SLITY P ment SAMPLE x. SFR me Depot e Depo ndon Water service / Construct New don Water service / C 1 1/2" WM, BFD /2" WM, BFD Easement Beachview MHC Water Servi view MHC Water Serv New Sewer and Water se New Sewer and Water WM Upsize Abandon Water s Abandon Water Addition to ex Addition WM Upsi WM Ups Brand B EL P M A EN 332

COHB PLAN CHECK LOG
2024
1/15/2025
DMc JN CITY FILE # CONTACT REC'D PLAN ADDRESS DESCRIPTION CK? PC # DUE SENT 9 HRS. ENGINEER DLLD ACCELA1252-909 PWE2024-0332 L. Hernandez 08/19/24 Encroachment 20251 New Britain Ln New Sewer and Water service N/A 2 09/02/24 08/23/24 1.00 Y ACCELA1252-900 PWG2024-0013 L. Hernandez 08/19/24 PGP 5472 Goldenrod Cir New ADU to Ex. SFR N/A 4 08/23/24 08/23/24 9 0.50 G. BACH Y ACCELA1252-842 PWG2023-0061(REV2) L. Hernandez 08/15/24 PGP 17251 Beach Blvd New Hotel Building Addition - Revision 2-2 N/A 2 08/22/24 08/22/24 0.50 DKE Y ACCELA1252-910 PWE2024-0192 L. Hernandez 08/08/24 MISC UTILITY 3282 Gilbert Dr Res. WM + service upgrade N/A 2 08/22/24 08/22/24 0.50 LY PHAN Y ACCELA1252-900 PWG2024-0013 L. Hernandez 08/08/24 PGP 5472 Goldenrod Cir New ADU to Ex. SFR N/A 3 08/13/24 08/13/24 0.50 G. BACH Y ACCELA1252-450-2 PWG2023-0054 L. Hernandez 08/06/24 Street Improvement 7225 Edinger Ave Brandywine - The Isles N/A 4 08/12/24 08/12/24 0.50 CVC ENG Y ACCELA1252-842 PWG2023-0061REV2 L. Hernandez 07/26/24 PGP 17251 Beach Blvd New Hotel Building Addition - Revision 2-1 N/A 1 08/09/24 08/09/24 0.50 M. PLOURDE, DKE Y ACCELA 1252-903 PWE2024-0017 L. Hernandez 07/24/24 MISC UTILITY 17261 Gothard Beachview MHC Water Service Upgrade N/A 3.1 ASAP 08/12/24 0.25 BONADIMAN ENG Y NO1252-911 PWE2024-0250 L. Hernandez 07/22/24 MISC UTILITY 22011 Hula Cir R&R WM N/A 2 08/05/24 07/30/24 9 0.25 D. BAKER Y ACCELA1252-906 PWE2024-0312 L. Hernandez 07/26/24 MISC UTILITY 20981 Magnolia St Comm'l Upgrade Water to 2" + BFD N/A 4 07/29/24 07/29/24 9 0.25 Y ACCELA1252-907 PWE2023-0540 L. Hernandez 07/15/24 MISC UTILITY 919 England St New WM for ADU N/A 2 07/29/24 07/29/24 0.75 Y ACCELA1252-906 PWE2024-0312 L. Hernandez 07/19/24 MISC UTILITY 20981 Magnolia St Comm'l Upgrade Water to 2" + BFD N/A 3 07/26/24 07/25/24 0.25 Y ACCELA1252-900 PWG2024-0013 L. Hernandez 07/10/24 PGP 5472 Goldenrod Cir New ADU to Ex. SFR N/A 2 07/22/24 07/25/24 0.50 G. BACH Y ACCELA1252-911 PWE2024-0250 L. Hernandez 06/27/24 MISC UTILITY 22011 Hula Cir R&R WM X 1 07/18/24 07/18/24 1.00 D. BAKER Y ACCELA1252-908 CC 1735 L. Hernandez 07/12/24 Water Main Hartlund Lane WMR Review plans and specs for constructability (Not PC) X 2 07/18/24 07/18/24 1.00 H + A Y NO1252-903 PWE2024-0017 L. Hernandez 07/10/24 MISC UTILITY 17261 Gothard Beachview MHC Water Service Upgrade N/A 3 07/17/24 07/17/24 0.75 BONADIMAN ENG Y ACCELA1252-874 PWG2023-0082 L. Hernandez 07/09/24 PGP 8351 Laura Cir NSFR + ADU N/A 4 07/15/24 07/15/24 9 0.50 LY PHAN Y ACCELA1252-906 PWE2024-0312 L. Hernandez 07/01/24 MISC UTILITY 20981 Magnolia St Comm'l Upgrade Water to 2" + BFD X 2 07/15/24 07/15/24 0.50 Y ACCELA1252-910 PWE2024-0192 L. Hernandez 06/24/24 MISC UTILITY 3282 Gilbert Dr Res. WM + service upgrade X 1 07/15/24 07/15/24 1.00 FL DESIGN Y ACCELA 1252-647-1 PWG2024-0002 L. Hernandez 06/27/24 PGP 7100 Warner Ave The Home Depot - Addition N/A 3 07/11/24 07/12/24 1.50 WD PARTNERS Y ACCELA1252-647-3 PWG2024-0002 L. Hernandez 06/26/24 EASEMENT 7100 Warner Ave The Home Depot - Addition N/A 1 07/11/24 07/12/24 0.50 WD PARTNERS Y ACCELA1252-772-1 PWG2024-0007 L. Hernandez 07/03/24 PGP 1620 PCH New 3-Story 4-Unit Condo Bldg N/A 4 07/09/24 07/10/24 0.75 D.RUBIO Y ACCELA1252-894 PWG2023-0087 L. Hernandez 07/02/24 PGP 17072 A Ln. Addition to ex. SFR N/A 2 07/09/24 07/10/24 0.50 Y ACCELA1252-889 PWG2024-0009 L. Hernandez 06/27/24 PGP 16542 Mariana Cir Demo Ex SFR / NSFR N/A 3 07/02/24 07/02/24 9 0.50 CIVIL ADVISORS ACCELA1252-909 PWE2024-0332 L. Hernandez 06/13/24 Encroachment 20251 New Britain Ln New Water service X 1 07/04/24 07/03/24 1.00 Y ACCELA1252-908 CC 1735 L. Hernandez 06/10/24 Water Main Hartlund Lane WMR Review plans and specs for constructability X 1 06/28/24 06/28/24 4.00 H + A Y NO1252-904 PWE2024-0216 L. Hernandez 06/26/24 MISC UTILITY 8232 Brush Dr 2x New WM N/A 3 07/10/24 06/27/24 9 0.25 D. BAKER Y ACCELA1252-663 PWG2022-0049 L. Hernandez 06/17/24 PGP 17145 PCH 3-Story Mixed-Use N/A 3 06/28/24 06/26/24 1.00 JOE ENG. Y ACCELA1252-907 PWE2023-0540 L. Hernandez 06/05/24 Encroachment 919 England St New WM for ADU X 1 06/26/24 06/26/24 1.00 Y ACCELA1252-904 PWE2024-0216 L. Hernandez 06/11/24 MISC UTILITY 8232 Brush Dr 2x New WM N/A 2 06/25/24 06/25/24 0.75 D. BAKER Y ACCELA1252-450-2 PWG2023-0054 L. Hernandez 06/10/24 Street Improvement 7225 Edinger Ave Brandywine - The Isles N/A 3 06/24/24 06/24/24 0.50 CVC ENG Y ACCELA 1252-450-3 PWG2023-0054 L. Hernandez 06/10/24 PGP 7225 Edinger Ave Brandywine - The Isles N/A 3 06/24/24 06/24/24 0.50 CVC ENG Y ACCELA1252-906 PWE2024-0312 L. Hernandez 06/03/24 MISC UTILITY 20981 Magnolia St Upgrade from 1" to 2" X 1 06/24/24 06/24/24 1.00 Y ACCELA1252-874 PWG2023-0082 L. Hernandez 06/14/24 PGP 8351 Laura Cir NSFR + ADU N/A 3 06/20/24 06/20/24 0.50 LY PHAN Y ACCELA1252-500-1 PWE2024-0162 L. Hernandez 06/13/24 MISC UTILITY 3522 Running Tide Cir. Meter Upgrade N/A 4 06/20/24 06/20/24 9 0.25 Y ACCELA1252-850-1 PWE2024-0245 L. Hernandez 06/11/24 Encroachment 5462 Research Dr New Fire Service N/A 2 06/18/24 06/18/24 9 0.50 B. ASHBA Y ACCELA1252-474 PWG2021-0034REV1 L. Hernandez 06/04/24 PGP 8092 Blaylock Dr SFR + Attached ADU (Rev. meter location) - Revision 1-1 N/A 1 06/18/24 06/18/24 9 0.50 LY PHAN Y ACCELA1252-905 PWE2024-0215 L. Hernandez 05/28/24 Encroachment 17082 Greentree Ln Residential Minor (Cut in wye connection) X 1 06/18/24 06/18/24 0.25 Y ACCELA1252-450-6 PWG2023-0072 L. Hernandez 06/10/24 WTR DEMO 7225 Edinger Ave Brandywine - The Isles N/A 3 06/17/24 06/17/24 0.50 CVC ENG Y ACCELA1252-810 PWG2023-0067REV1 L. Hernandez 06/03/24 PGP 6682 Luciento Dr 749 sf ADU N/A 1 06/17/24 06/17/24 0.75 RYAN WALKER Y ACCELA1252-531 PA2021-0185 L. Hernandez 06/11/24 Entitlement 4952 Warner Senior Housing 3 06/14/24 06/14/24 0.25 BOGART Y NO 1252-903 PWE2024-0017 L. Hernandez 05/29/24 MISC UTILITY 17261 Gothard Beachview MHC Water Service Upgrade N/A 2 06/12/24 06/12/24 0.75 BONADIMAN ENG Y ACCELA 1252-850-1 PWE2024-0245 L. Hernandez 05/21/24 Encroachment 5462 Research Dr N Fire Service for sprinklers X 1 06/11/24 06/07/24 1.00 ASHBA ENG. Y ACCELA1252-772-1 PWG2024-0007 L. Hernandez 06/04/24 PGP 1620 PCH New 3-Story 4-Unit Condo Bldg N/A 3 06/10/24 06/10/24 0.75 R. CAHL Y ACCELA1252-500-1 PWE2024-0162 L. Hernandez 06/03/24 MISC UTILITY 3522 Running Tide Cir. Meter Upgrade N/A 3 06/10/24 06/07/24 0.50 Y ACCELA1252-904 PWE2024-0216 L. Hernandez 05/15/24 MISC UTILITY 8232 Brush Dr 2x New WM X 1 06/05/24 06/04/24 1.00 D. BAKER Y ACCELA1252-890 PWG2024-0008 L. Hernandez 05/28/24 PGP 8502 Judy Cir Attached 756SF ADU N/A 4 06/03/24 05/31/24 0.50 CALLAND ENG Y ACCELA1252-842 PWG2023-0061(REV1) L. Hernandez 05/16/24 PGP 17251 Beach Blvd New Hotel Building Addition - Revision 1-1 N/A 1 05/30/24 05/30/24 0.50 DKE Y ACCELA1252-899 PWG2024-0010 L. Hernandez 05/20/24 PGP 418+420 20th Street (2) NSFR's on vacant lot N/A 2 05/27/24 05/24/24 1.00 D. RUBIO Y ACCELA page 2 of 12
92 BlSAMLn WMR Dr PCH 9 England St 8232 Brush Dr 7225 Edinger Ave 7225 Edinger Ave 7225 Edinger Ave dinger Ave 20981 Magnolia St 20981 Magnolia St 8351 Laura Cir 8351 Laura Cir 3522 Running T 522 Running 5462 Resea MA ent STILITY AMPLEconstructability (Not PC) y (Not P Service Upgrade erv Water to 2" + BFD ervice upgrade e Depot - Addition Home Depot - Addition ome Depot - Addition ew 3-Story 4-Unit Condo Bldg w 3-Story 4-Unit Con Addition to ex. SFR tion to ex. SFR Demo Ex SFR / NSFR Ex SFR / NSFR New Water service ater service Review plans and spe 2x New WM 2x New WM 3-Story Mixed 3-Story New WM f 2x New Br EL P M A E 333

COHB PLAN CHECK LOG
2024
1/15/2025
DMc JN CITY FILE # CONTACT REC'D PLAN ADDRESS DESCRIPTION CK? PC # DUE SENT 9 HRS. ENGINEER DLLD ACCELA1252-500-1 PWE2024-0162 L. Hernandez 05/13/24 MISC UTILITY 3522 Running Tide Cir. Meter Upgrade N/A 2 05/27/24 05/28/24 0.50 Y ACCELA1252-874 PWG2023-0082 L. Hernandez 05/16/24 PGP 8351 Laura Cir NSFR + ADU N/A 2 05/23/24 05/23/24 0.50 LY PHAN Y ACCELA1252-857 PWG2023-0076 L. Hernandez 05/16/24 PGP 16921 Lark Ln (2) NSFR's N/A 6 05/22/24 05/22/24 9 0.50 T. DONG Y ACCELA1252-890 PWG2024-0008 L. Hernandez 05/15/24 PGP 8502 Judy Cir Attached 756SF ADU N/A 3 05/20/24 05/20/24 0.75 CALLAND ENG Y ACCELA1252-438 PWG2021-0010REV1 L. Hernandez 05/13/24 PGP 9451 Shadwell Dr Ex. SFR + ADU N/A 2 05/20/24 05/20/24 9 0.75 T. DONG Y ACCELA1252-889 PWG2024-0009 L. Hernandez 05/07/24 PGP 16542 Mariana Cir Demo Ex SFR / NSFR N/A 2 05/14/24 05/14/24 0.50 CIVIL ADVISORS Y ACCELA1252-629-1 PWG2022-0063 L. Hernandez 05/07/24 PGP 8311 Garfield Ave NSFR 14,971 sf N/A 3 05/13/24 05/13/24 9 0.50 THANH Y ACCELA 1252-887 PWG2024-0005 L. Hernandez 05/06/24 PGP 19321 Shady Harbor Cir N 673 sf ADU to Ex SFR N/A 3 05/13/24 05/12/24 9 1.00 RAW ENG Y ACCELA1252-587 PWG2022-0064 / 0007 L. Hernandez 05/08/24 AS-BUILT 9631 / 9635 Albacore Dr 2-Story ADU w/garage N/A 1 ASAP 05/08/24 1.00 T. DONG Y NO 1252-857 PWG2023-0076 L. Hernandez 05/01/24 PGP 16921 Lark Ln (2) NSFR's N/A 5 05/06/24 05/06/24 0.50 T. DONG Y ACCELA 1252-902 PA-2024-0036 L. Hernandez 04/23/24 Entitlement 15011 Goldenwest New signage at ex. shopping center X 1 05/06/24 05/06/24 0.25 AUBE Y NO 1252-438 PWG2021-0010REV1 L. Hernandez 04/22/24 PGP 9451 Shadwell Dr Ex. SFR + ADU X 1 05/06/24 05/06/24 0.75 T. DONG Y ACCELA J. Aube 05/01/24 ALL MISC APPROVED W/ OUTSTANDING EASEMT ASAP 05/02/24 1.00 N/A NO 1252-859 PWE2023-0548 L. Hernandez 04/30/24 MISC UTILITY 16571 Burke Ln New 8" Fire service to City's main - Final N/A F 05/02/24 05/02/24 0.25 CJ SUPPRESSION Y ACCELA1252-890 PWG2024-0008 L. Hernandez 04/25/24 PGP 8502 Judy Cir Attached 756SF ADU N/A 2 05/02/24 05/02/24 0.50 CALLAND ENG Y ACCELA1252-903 PWE2024-0017 L. Hernandez 04/25/24 MISC UTILITY 17261 Gothard Water service upgrade X 1 05/02/24 05/02/24 1.25 BONADIMAN ENG Y ACCELA1252-877 PWE2024-0078 L. Hernandez 04/18/24 MISC UTILITY 17725 Misty Ln ADU Water Meter N/A 3 05/02/24 05/02/24 9 0.50 Y ACCELA1252-901 PA-2024-0028 L. Hernandez 04/23/24 Entitlement 7600 Redondo Cir. Lumber Yard X 1 04/30/24 04/30/24 0.50 BOGART Y NO1252-900 PWG2024-0013 L. Hernandez 04/16/24 PGP 5472 Goldenrod Cir New ADU to Ex. SFR X 1 04/30/24 04/30/24 1.00 G. BACH Y ACCELA1252-772-1 PWG2024-0007 L. Hernandez 04/22/24 PGP 1620 PCH New 3-Story 4-Unit Condo Bldg N/A 2 04/29/24 04/29/24 0.75 R. CAHL Y ACCELA1252-589 PWG2022-0022 L. Hernandez 04/22/24 PGP 14972 Springdale G&M Oil Facility #164 + Store + Trash N/A 3 04/29/24 04/29/24 9 0.50 M PALERMO Y ACCELA1252-887 PWG2024-0005 L. Hernandez 04/19/24 PGP 19321 Shady Harbor Cir N 673 sf ADU to Ex SFR N/A 2 04/26/24 04/26/24 0.50 RAW ENG Y ACCELA1252-899 PWG2024-0010 L. Hernandez 04/12/24 PGP 418+420 20th Street (2) NSFR's on vacant lot X 1 04/26/24 04/26/24 1.00 D. RUBIO Y ACCELA1252-34-1 PWG2018-034REV03 L. Hernandez 04/17/24 PGP 16502 Bolsa Chica Car Wash - Revision 3-1 N/A 1 04/24/24 04/24/24 9 0.25 YEFIM Y ACCELA1252-857 PWG2023-0076 L. Hernandez 04/18/24 PGP 16921 Lark Ln (2) NSFR's N/A 4 04/23/24 04/23/24 0.50 T. DONG Y ACCELA1252-813 PA-2023-0076 L. Hernandez 04/10/24 Entitlement 3798 Mistral Demo + NSFR in the harbor N/A 3 04/23/24 04/23/24 0.25 BOGART Y NO1252-891 PWG2024-0011 L. Hernandez 04/15/24 PGP 1810 PCH Abandon Commercial City Water Line N/A 2 04/22/24 04/22/24 9 0.25 LANDMARK ENG. Y ACCELA1252-500-1 PWE2024-0162 L. Hernandez 04/09/24 MISC UTILITY 3522 Running Tide Cir. Meter Upgrade X 1 04/22/24 04/22/24 1.00 Y ACCELA1252-898 PA-2023-0129 L. Hernandez 04/08/24 Entitlement 10114 Adams Ave Signage X 1 04/19/24 04/19/24 0.25 BOGART Y NO1252-897 PA-2024-0003 L. Hernandez 04/08/24 Entitlement 616 PCH Small Mixed-Use Dev't X 1 04/19/24 04/19/24 0.25 BOGART Y NO1252-896 DAT-2024-0002 L. Hernandez 04/05/24 Entitlement 17192 Oak Common Ground (After-School Care) X 1 04/18/24 04/18/24 0.50 AUBE Y NO1252-880 PA-2023-0133 L. Hernandez 04/03/24 Entitlement 21579 PCH Zack's Too - Outdoor Dining & Alcohol Sales 2 04/17/24 04/17/24 0.25 BOGART Y NO1252-895 PA-2023-0123 L. Hernandez 04/03/24 Entitlement 405 PCH Zack's Pier Plaza-Outdoor Dining & Alcohol 1 04/17/24 04/17/24 0.25 BOGART Y NO1252-774 PWE2023-0166 L. Hernandez 04/15/24 MISC. UTILITY 8721 Adams Ave WM upgrade to 1" N/A 4 04/22/24 04/16/24 9 0.25 JOHN VO Y ACCELA1252-873 PA-2024-0005 L. Hernandez 04/02/24 Entitlement 16791 Bolero Ln. NSFR - waterfront N/A 3 04/16/24 04/16/24 0.25 BOGART Y NO1252-675-1 PWG2022-0051REV03 L. Hernandez 04/01/24 Street Improvement 18750 Delaware Revision 3-2 N/A 2 04/15/24 04/15/24 9 0.25 DAVE EVANS Y ACCELA1252-34-1 PWG2018-034REV02 L. Hernandez 04/08/24 PGP 16502 Bolsa Chica Car Wash - Revision 3-1 N/A 1 ASAP 04/15/24 0.50 YEFIM NO1252-877 PWE2024-0078 L. Hernandez 03/29/24 MISC UTILITY 17725 Misty Ln ADU Water Meter N/A 2 04/12/24 04/12/24 0.50 Y ACCELA1252-774 PWE2023-0166 L. Hernandez 04/09/24 MISC. UTILITY 8721 Adams Ave WM upgrade to 1" N/A 3 04/12/24 04/11/24 0.75 JOHN VO Y ACCELA1252-781-1 PWG2023-0021 L. Hernandez 04/08/24 PGP 209 19th Street NSFR N/A 3 04/11/24 04/11/24 9 0.25 LAN PHAM Y ACCELA1252-857 PWG2023-0076 L. Hernandez 04/05/24 PGP 16921 Lark Ln (2) NSFR's N/A 3 04/10/24 04/10/24 0.75 T. DONG Y ACCELA1252-838-1 PWE2024-0107 L. Hernandez 04/03/24 MISC UTILITY 16462 Sundancer Ln WM Upsize N/A 3 04/10/24 04/10/24 9 0.50 MO + RE Y ACCELA1252-647-1 PWG2024-0002 L. Hernandez 03/26/24 PGP 7100 Warner Ave The Home Depot - Addition N/A 2 04/09/24 04/09/24 0.75 Y ACCELA1252-881 PWG2023-0086 L. Hernandez 04/02/24 PGP 1701 Park St New ADU to Ex. SFR N/A 2 04/09/24 04/09/24 0.50 D. BAKER Y ACCELA1252-753 PWG2023-0006 L. Hernandez 04/03/24 PGP 16776 15th Street A NSFR N/A 5 04/08/24 04/08/24 9 0.75 CALLAND Y ACCELA1252-869 PWG2024-0003 L. Hernandez 04/02/24 PGP 6522 Halifax Dr New Detached 749sf ADU N/A 3 04/05/24 04/05/24 0.50 THANH Y ACCELA1252-859 PWE2023-0548 L. Hernandez 04/03/24 MISC UTILITY 16571 Burke Ln New 8" Fire service to City's main N/A 5 04/10/24 04/04/24 9 0.50 CJ SUPPRESSION Y ACCELA1252-894 PWG2023-0087 L. Hernandez 03/21/24 PGP 17072 A Ln. Addition to ex. SFR X 1 04/04/24 04/04/24 1.00 BARRETT CROOK Y ACCELA1252-647-2 PWG2024-0002 L. Hernandez 04/02/24 Site Plan 7100 Warner Ave Easement Vacation N/A 1 ASAP 04/03/24 1.00 Y NO page 3 of 12
616 PCH17192 Oak 1719221579 PCH405 PCH8721 Adams Ave 8721 Adams Av16791 Bolero Ln olero L18750 Dela 502 BSAM14 Adams Ave ams Ave Running Tide Cir. nning Tide C MA Snt ment ITY SAMPLESEMT n - Final Ex. SFR ory 4-Unit Condo Bldg ory 4-Unit Condo Bl Oil Facility #164 + Store + Trash Oil Facility #164 + Sto 673 sf ADU to Ex SFR (2) NSFR's on vacant lot NSFR's on vacant lot Car Wash - Revision 3-1 Wash - Revision 3-1 (2) NSFR's (2) NSFR's Demo + NSFR in the h Demo + NSFR in the Abandon Commer Abandon Comm Meter Upgrade Meter U Signage SmallCo EL P M A S EN 334
J:\JOBS\1252_City of HB On Call Consulting Svcs\1252-46-1_Craimer Lane\1252-3D_PGP\PC1\20451 Craimer_PGP_PC1.docx