remains limited in scope to the airspace subdivision of a single residential lot, and the land dedications contemplated by Conditions of Approval 2.6.D and 2.6.I are not applicable.
• Striking these two conditions (“the Amendment”) does not modify the core scope of the project: The project is limited to subdividing the airspace of a two (2) unit duplex into two condominiums to allow for separate ownership of each dwelling unit, while designating ownership of the attached ADU to one of the condominium units.
• No physical alterations to the site are necessary as a result of the Amendment. • No findings from the original Resolution are altered or affected as a result of the Amendment. The following remain true:
o The site is in a developed residential area served by existing utilities and public services
o The project conforms to the San Clemente General Plan and Zoning Ordinance, and no variances or exceptions are required. • For reference, related approved plans include:
o Coastal In-Concept Permit 20-219, and Coastal Development Permit 5-21- 0004
o Building Permit 22-1742: New Duplex; and Building Permit 22-1829:
Attached ADU
Therefore, this memo serves as approval for PHP25-080 to Amend TPM23-224 to remove Conditions of Approval 2.6.D and 2.6.I from Exhibit A of Zoning Administrator (ZA) Resolution 23-015 in accordance with SCMC 17.12.180, and the Applicant is relieved from integrating the language referenced by those Conditions into the applicable CC&R’s for TPM23-224.
For questions, please contact Laura Coury by phone at (949) 361-6188; or by email at [email protected].
Sincerely,
Jonathan Lightfoot
City Planner
Attachments:
1. Condo Plan for 229 Avenida Monterey
2. Parcel Map for 229 Avenida Monterey
30 31
RECORDING REQUESTED BY:
WFG NATIONAL TITLE COMPANY
WHEN RECORDED MAIL TO:
JUSTIN KOZIK
301 CAZADOR LANE, UNIT B
SAN CLEMENTE, CA 92672
THIS SPACE FOR RECORDER'S USE ONLY
TITLE
CONDOMINIUM PLAN FOR
229 AVENIDA MONTEREY ASSOCIATION
SAN CLEMENTE, CA 92672
32 SHEET _1_ OF _1_1
CONDOMINIUM PLAN FOR
229 AVENIDA MONTEREY ASSOCIATION
IN THE CITY OF SAN CLEMENTE,
COUNTY OF ORANGE, STATE OF CALIFORNIA
PARCEL MAP 2023-112, P.M.B. _ PAGES __
TABLE OF CONTENTS
TABLE OF CONTENTS AND LEGAL DESCRIPTION
OWNER'S CERTIFICATE AND ACKNOWLEDGEMENT 2-3
SURVEYOR'S STATEMENT, BASIS OF BEARINGS AND 4
BENCHMARK
NOTES AND DEFINITIONS 5-6
1 ST FLOOR (GROUND) 7
AIRSPACE LOCATION PLAN
2ND FLOOR 8
AIRSPACE LOCATION PLAN
CONDOMINIUM VERTICAL CROSS SECTION "A" & "B" 9
CONDOMINIUM VERTICAL CROSS SECTION "c" & "D" 10
CONDOMINIUM VERTICAL CROSS SECTION "E" 11
LEGAL DESCRIPTION:
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF HUNTINGTON
BEACH, IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
PARCEL 1 OF PARCEL MAP 2023-112, IN THE CITY OF SAN CLEMENTE, COUNTY OF ORANGE, STATE OF CALIFORNIA, FILED IN BOOK __ _, PAGES ___ OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
APRIL 3, 2024
33 SHEET _2..__ OF _1_1
CONDOMINIUM PLAN FOR
229 AVENIDA MONTEREY ASSOCIATION
IN THE CITY OF SAN CLEMENTE,
COUNTY OF ORANGE, STATE OF CALIFORNIA
PARCEL MAP 2023-112, P.M.B. PAGES __ _
OWNER'S CERTIFICATE=
WE, THE UNDERSIGNED, BEING ALL THE RECORD OWNERS OF, AND RECORDED HOLDERS OF
SECURITY INTEREST IN, THE REAL PROPERTY DESCRIBED IN THE DOCUMENTS HEREINAFTER MENTIONED, DO HEREBY CERTIFY THAT:
WE HERBY CONSENT TO THE RECORDATION OF THE PLAN OF CONDOMINIUM PURSUANT TO CHAPTER 1, TITLE 6, PART, DIVISION SECOND, CALIFORNIA CIVIL CODE, SECTION §4285, CONSISTING OF ( 1) THE DESCRIPTION OR SURVEY MAP OF THE SURFACE OF THE LAND
INCLUDED WITHIN THE PROJECT, AS DESCRIBED ON SURVEY MAPS THAT ARE SET FORTH UPON OR CONSTITUTED BY THE SUBDIVISION MAP ACT, PARCEL 1 OF PARCEL MAP 2023-112, FOR CONDOMINIUM PURPOSES, AS PER MAP FILED IN MAP BOOK ___ _, PAGES ____ IN
THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY AND WHICH SUBDIVISION MAP IS
HEREBY REFERENCED HEREIN, THE DIAGRAMMATIC FLOOR PLANS ATTACHED HERETO AND MADE A PART HEREOF, AND THIS CERTIFICATE.
BY: AVE MONTEREY 229 LLC, A CALIFORNIA LIMITED LIABILITY COMPANY BY:
NAME:
TITLE:
BY:
NAME:
TITLE:
JUSTIN KOZIK
MANAGER
ALEXANDRA KOZIK
MANAGER
APRIL 3, 2024
34 SHEET __J_ OF _1_1
CONDOMINIUM PLAN FOR
229 AVENIDA MONTEREY ASSOCIATION
IN THE CITY OF SAN CLEMENTE,
COUNTY OF ORANGE, STATE OF CALIFORNIA
PARCEL MAP 2023-112, P.M.B. _ PAGES __ _
NOTARY ACKNOWLEDGMENT=
A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY
THE IDENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS
CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT.
STATE OF CALIFORNIA )
)SS
COUNTY OF _____ )
ON _____________ BEFORE ME, ----------~ A
NOTARY PUBLIC, PERSONALLY APPEARED _______________ _
WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S)
WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO
ME THAT HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED
CAPACITY(IES), AND THAT BY HIS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT THE
PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT.
I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT.
WITNESS MY HAND.
SIGNATURE
NOTARY PUBLIC IN AND FOR
SAID STATE
(NAME PRINTED)
NOTARY ACKNOWLEDGMENT=
MY PRINCIPAL PLACE OF BUSINESS
IS IN _____ COUNTY
MY COMMISSION EXPIRES ___ _
A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY
THE IDENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS
CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT.
STATE OF CALIFORNIA )
)SS
COUNTY OF _____ )
ON _____________ BEFORE ME, ----------~ A
NOTARY PUBLIC, PERSONALLY APPEARED _______________ _
WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S)
WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO
ME THAT HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED
CAPACITY(IES), AND THAT BY HIS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT THE
PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT.
I CERTIFY UNDER PENAL TY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT.
WITNESS MY HAND.
SIGNATURE
NOTARY PUBLIC IN AND FOR
SAID STATE
(NAME PRINTED)
MY PRINCIPAL PLACE OF BUSINESS
IS IN _____ COUNTY
MY COMMISSION EXPIRES ___ _
APRIL 3, 2024
35 SHEET _±_ OF _1_1
CONDOMINIUM PLAN FOR
229 AVENIDA MONTEREY ASSOCIATION
IN THE CITY OF SAN CLEMENTE,
COUNTY OF ORANGE, STATE OF CALIFORNIA
PARCEL MAP 2023-112, P.M.B. _ PAGES __ _
SURVEYOR'S CERTIRCATE=
I HEREBY STATE THAT I AM A LICENSED LAND SURVEYOR OF THE STATE OF CALIFORNIA, AND THAT THIS PLAN CONSISTING OF _1_1_ SHEETS, CORRECTLY SHOWS
THE BOUNDARY OF THE LAND AND THE RELATION THERETO OF THE PROPOSED UNITS
SHOWN HEREON, THE LOCATION OF WHICH ARE NOT THE RESULT OF A FIELD SURVEY,
BUT RATHER THE PLANNED LOCATIONS, THE AIRSPACE OWNERSHIP SHOWN HEREON IS BASED UPON THE ARCHITECTURAL PLANS BY JACOBS HOMES DESIGN, DATED JUNE 8, 2023.
DATED THIS ___ DAY OF _______ ,20 __
DANIEL RUBIO P.L.S. NO: 8239
EXPIRATION DATE: 12/31/2025
NOTES=
1. THIS CONDOMINIUM PLAN AND THE DIMENSIONS SHOWN HEREIN ARE INTENDED TO CONFORM TO CALIFORNIA CIVIL CODE SECTION 4285, "CONDOMINIUM PLAN" MEANS A PLAN CONSISTING OF (1) A DESCRIPTION OR SURVEY MAP OF A CONDOMINIUM
PROJECT, WHICH SHALL REFER TO OR SHOW MONUMENTATION ON THE GROUND, (2) A THREE-DIMENSIONAL DESCRIPTION OF A CONDOMINIUM PROJECT, ONE
OR MORE DIMENSIONS OF WHICH MAY EXTEND FOR AN INDEFINITE DISTANCE
UPWARDS OR DOWNWARDS, IN SUFFICIENT DETAIL TO IDENTIFY THE COMMON AREAS AND EACH SEPARATE INTEREST, AND (3) A CERTIFICATE CONSENTING TO THE
RECORDATION OF THE CONDOMINIUM PLAN PURSUANT TO THIS TITLE SIGNED AND ACKNOWLEDGED BY THE FOLLOWING: (A) THE RECORD OWNER OF FEE TITLE TO THAT PROPERTY INCLUDED IN THE CONDOMINIUM PROJECT. (B) IN THE CASE
OF A CONDOMINIUM PROJECT WHICH WILL TERMINATE UPON THE TERMINATION OF
AN ESTATE FOR YEARS, THE CERTIFICATE SHALL BE SIGNED AND ACKNOWLEDGED BY ALL LESSORS AND LESSEES OF THE ESTATE FOR YEARS. (C) IN THE CASE OF
A CONDOMINIUM PROJECT SUBJECT TO A LIFE ESTATE, THE CERTIFICATE SHALL BE SIGNED AND ACKNOWLEDGED BY ALL LIFE TENANTS AND REMAINDER INTERESTS. (D) THE CERTIFICATE SHALL ALSO BE SIGNED AND ACKNOWLEDGED BY EITHER THE
TRUSTEE OR THE BENEFICIARY OF EACH RECORDED DEED OF TRUST, AND THE MORTGAGEE OF EACH RECORDED MORTGAGE ENCUMBERING THE PROPERTY.
OWNERS OF MINERAL RIGHTS, EASEMENTS, RIGHTS-OF-WAY, AND OTHER NONPOSSESSORY INTERESTS DO NOT NEED TO SIGN THE CONDOMINIUM PLAN.
FURTHER, IN THE EVENT A CONVERSION TO CONDOMINIUMS OF A COMMUNITY
APARTMENT PROJECT OR STOCK COOPERATIVE HAS BEEN APPROVED BY THE
REQUIRED NUMBER OF OWNERS, TRUSTEES, BENEFICIARIES, AND MORTGAGEES PURSUANT TO SECTION 66452.10 OF THE GOVERNMENT CODE, THE CERTIFICATE
NEED ONLY BE SIGNED BY THOSE OWNERS, TRUSTEES, BENEFICIARIES, AND MORTGAGEES APPROVING THE CONVERSION. A CONDOMINIUM PLAN MAY BE
AMENDED OR REVOKED BY A SUBSEQUENTLY ACKNOWLEDGED RECORDED
INSTRUMENT EXECUTED BY ALL THE PERSONS WHOSE SIGNATURES WOULD BE
REQUIRED PURSUANT TO THIS SUBDIVISION
2. IN THE EVENT OF A CONFLICT BETWEEN THIS CONDOMINIUM PLAN AND THE DECLARATION, THE DECLARATION SHALL CONTROL. CAPITALIZED TERMS NOT
DEFINED HEREIN SHALL HAVE THE MEANINGS SET FORTH IN THE DECLARATION BASIS OF BEARINGS:
THE BEARINGS SHOWN HEREON ARE BASED ON THE BEARING BETWEEN ORANGE COUNTY SURVEYOR'S HORIZONTAL CONTROL STATIONS G.P.S. NO. 4330R1 AND STATION G.P.S. 4344R1 BEING NORTH 81 °32'59" WEST PER RECORDS ON FILE IN THE OFFICE OF THE
ORANGE COUNTY SURVEYOR
BENCHMARK: 38-116-05
DESCRIBED BY OCS 2005 - FOUND 3 3/4" OCS ALUMINUM BENCHMARK DISK STAMPED "3B-116-05" SET IN THE TOP NORTHEASTERLY CORNER OF A 4.5 BY 12.0 FT.
CONCRETE CATCH BASIN. MONUMENT IS LOCATED IN THE SOUTHEASTERLY CORNER OF THE INTERSECTION OF EL PORTAL AND EL CAMINO REAL, 21 FT. SOUTHERLY OF THE CENTERLINE OF EL PORTAL AND 105 FT. EASTERLY OF THE EASTERLY CURB ALONG EL CAMINO REAL. MONUMENT IS SET LEVEL WITH SIDEWALK
ELEVATION: 163.295 (NAVD '88) LEVELED 2005
O.C.S. 1995 ADJUSTMENT APRIL 3, 2024
36 SHEET _5_ OF _1_1
CONDOMINIUM PLAN FOR
229 AVENIDA MONTEREY ASSOCIATION
IN THE CITY OF SAN CLEMENTE,
COUNTY OF ORANGE, STATE OF CALIFORNIA
PARCEL MAP 2023-112, P.M.B. _ PAGES __ _
NOTES AND DEFINITIONS FOR
229 AVENIDA MONTEREY ASSOCIATION
VARIOUS CAPITALIZED WORDS AND PHRASES USED IN THIS CONDOMINIUM PLAN ARE DEFINED IN THE "DECLARATION" (AS SUCH TERM IS DEFINED BELOW). UNLESS THE
CONTEXT HEREIN INDICATES OTHERWISE, SUCH WORDS AND PHRASES SHALL HAVE THE MEANINGS AS ARE ASCRIBED TO THEM IN THE DECLARATION.
1. "ASSOCIATION" SHALL MEAN THE 229 AVENIDA MONTEREY ASSOCIATION INC., A
CALIFORNIA NONPROFIT CORPORATION (FORMED PURSUANT TO THE CALIFORNIA NONPROFIT MUTUAL BENEFIT CORPORATION LAW), AND ITS SUCCESSORS IN INTEREST.
THE ASSOCIATION IS AN "ASSOCIATION," AS DEFINED IN SECTION 4080 OF THE CALIFORNIA CIVIL CODE.
2. "COMMON AREA" SHALL MEAN THE ENTIRE PROJECT EXCEPT THE UNITS, AS
FURTHER DEFINED IN THE CONDOMINIUM PLAN, WHICH SHALL BE OWNED BY THE OWNERS OF THE UNITS AS TENANTS-IN-COMMON. ANY REFERENCES IN THIS
DECLARATION TO COMMON AREA ARE REFERENCES TO THE COMMON AREA AS A WHOLE AND TO PORTIONS THEREOF.
3. "CONDOMINIUM" SHALL MEAN AN ESTATE IN REAL PROPERTY AS DEFINED IN CALIFORNIA CIVIL CODE SECTION 4125 AND SHALL CONSIST OF (A) AN UNDIVIDED FEE
SIMPLE OWNERSHIP INTEREST AS A TENANT-IN-COMMON IN AND TO THE COMMON AREA
AND (B) A SEPARATE FEE SIMPLE OWNERSHIP INTEREST IN A UNIT, TOGETHER WITH ALL EASEMENTS APPURTENANT THERETO. THE UNDIVIDED FEE SIMPLE INTEREST IN THE COMMON AREA IS APPURTENANT TO EACH UNIT AND IS A FRACTION HAVING ONE (1)
AS ITS NUMERATOR AND THE NUMBER OF UNITS IN THE PROPERTIES AS ITS
DENOMINATOR, AND SHALL BE HELD BY THE OWNERS OF CONDOMINIUMS AS TENANTS-IN-COMMON.
4. "CONDOMINIUM PLAN" SHALL MEAN THE RECORDED DIAGRAMMATIC DRAWINGS OF THE UNITS BUil T OR TO BE BUil T ON THE PROPERTY WHICH IDENTIFIES THE COMMON AREA AND EACH UNIT PURSUANT TO CALIFORNIA CIVIL CODE SECTION 4285.
5. "DECLARATION" SHALL MEAN THE RECORDED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS AND RESERVATION OF EASEMENTS FOR 229 AVENIDA
MONTEREY ASSOCIATION, AS THE SAME MAY BE AMENDED OR SUPPLEMENTED FROM TIME TO TIME. IN THE EVENT OF A CONFLICT BETWEEN THIS CONDOMINIUM PLAN AND THE DECLARATION, THE DECLARATION SHALL CONTROL.
6. "EXCLUSIVE USE COMMON AREAS" SHALL MEAN THOSE PORTIONS OF THE COMMON
AREA DESIGNATED BY THE DECLARATION, THE CONDOMINIUM PLAN OR BY LAW FOR THE EXCLUSIVE OR RESTRICTED USE OF THE OWNERS OF PARTICULAR DESIGNATED UNITS.
7. "IMPROVEMENTS" SHALL MEAN ALL STRUCTURES AND APPURTENANCES THERETO OF EVERY KIND, AS MORE FULLY SET FORTH IN THE DECLARATION.
8. "PROPERTY" SHALL MEAN ALL OF PARCEL 1 AS SHOWN ON THAT CERTAIN PARCEL MAP 2023-112 FILED IN BOOK __ ____, PAGES ___ _, INCLUSIVE, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA. THE PROPERTY IS A "CONDOMINIUM PROJECT" AS DEFINED IN SECTION 4125 OF THE CALIFORNIA CIVIL CODE AND A "COMMON INTEREST DEVELOPMENT" AS DEFINED IN SECTION 4100 OF THE CALIFORNIA CIVIL CODE. ANY REFERENCES IN THIS CONDOMINIUM PLAN TO THE PROPERTY IS REFERENCES TO THE PROPERTY AS A WHOLE AND TO PORTIONS THEREOF.
APRIL 3, 2024
37 SHEET _§_ OF _1_1
CONDOMINIUM PLAN FOR
229 AVENIDA MONTEREY ASSOCIATION
IN THE CITY OF SAN CLEMENTE,
COUNTY OF ORANGE, STATE OF CALIFORNIA
PARCEL MAP 2023-112, P.M.B. _ PAGES __ _
NOTES AND DEFINITIONS FOR
229 AVENIDA MONTEREY ASSOCIATION
9. nUNIT" SHALL MEAN A SEPARATE INTEREST IN SPACE AS DEFINED IN SECTION 4125 OF THE CALIFORNIA CIVIL CODE. EACH UNIT IS A SEPARATE FREEHOLD ESTATE, AS SEPARATELY SHOWN, NUMBERED AND DESIGNATED IN THIS CONDOMINIUM PLAN.
NOTWITHSTANDING THE FOREGOING AND THE DRAWINGS OF THE UNITS IN THIS
CONDOMINIUM PLAN, IN INTERPRETING DEEDS, THE DECLARATION AND BUILDING PLANS,
THE EXISTING PHYSICAL BOUNDARIES OF THE UNIT CONSTRUCTED OR RECONSTRUCTED
IN SUBSTANTIAL ACCORDANCE WITH THE ORIGINAL AS-BUILT PLANS THEREOF SHALL BE
CONCLUSIVELY PRESUMED TO BE ITS BOUNDARIES, RATHER THAN THE DESCRIPTION
EXPRESSED HEREIN, IN THE DEED OR DECLARATION AND/OR ORIGINAL BUILDING PLANS
AND REGARDLESS OF MINOR VARIANCES BETWEEN BOUNDARIES AS SHOWN IN THIS
CONDOMINIUM PLAN OR DECLARATION, OR ORIGINAL BUILDING PLANS AND THE BOUNDARIES OF A BUILDING AS CONSTRUCTED OR RECONSTRUCTED. THE ACTUAL
BOUNDARIES OF EACH UNIT SHALL BE DEEMED TO EXTEND TO THE INTERIOR
UNFINISHED SURFACES OF THE WALLS, FLOORS AND CEILINGS ENCOMPASSING THE UNIT
CONSTRUCTED OR RECONSTRUCTED IN SUBSTANTIAL ACCORDANCE WITH THIS CONDOMINIUM PLAN AND THE ORIGINAL AS-BUil T PLANS THEREOF, IF SUCH BUILDING PLANS ARE AVAILABLE. EACH UNIT INCLUDES BOTH THE PORTION OF THE BUILDING SO
DESCRIBED AND THE AIRSPACE SO ENCOMPASSED, ALL WINDOWS AND DOORS IN SAID
UNIT (INCLUDING, ALL LOCKS, HANDLES, LATCHES, SCREENS AND WEATHER-STRIPPING),
THE FORCED AIR HEATING UNIT, THE AIR CONDITIONING COMPRESSOR, IF ANY, ALL BUil T-IN APPLIANCES AND FIXTURES AND ANY INTERIOR STAIRCASE. HOWEVER, THE FOLLOWING ARE NOT A PART OF THE UNIT: BEARING WALLS, COLUMNS, BEAMS,
FLOORS, UNFINISHED ROOFS, SLABS, FOUNDATIONS, LANDINGS, RESERVOIRS, TANKS,
PUMPS, PRIVATE ON-SITE SEWER LATERALS AND LINES, DRAINS, AND OTHER CENTRAL
SERVICES, PIPES, DUCTS, FLUES, CHUTES, CONDUITS, WIRES, EXTERIOR LIGHTING AND
OTHER UTILITY INSTALLATIONS WHEREVER LOCATED (EXCEPT ALL UTILITY INSTALLATIONS AND/OR OUTLETS THEREOF WHEN LOCATED WITHIN THE UNITS).
10. UNIT DIMENSIONS. THIS CONDOMINIUM PLAN AND THE DIMENSIONS SHOWN HEREIN ARE INTENDED TO CONFORM TO CALIFORNIA CIVIL CODE SECTION 4125, WHICH
REQUIRES, IN PART, WITH RESPECT TO THE LAND AND REAL PROPERTY DESCRIBED IN
THE ABOVE REFERENCED SUBDIVISION, THE INCLUSION HEREIN IN SUFFICIENT DETAIL TO IDENTIFY EACH UNIT, ITS RELATIVE LOCATION AND APPROXIMATE DIMENSIONS. THE
DIMENSIONS SHOWN HEREIN ARE NOT INTENDED TO BE SUFFICIENTLY ACCURATE ENOUGH TO USE FOR COMPUTATION OF AIRSPACE VOLUME IN ANY OR ALL OF THE UNITS. THIS
CONDOMINIUM PLAN IS PREPARED FOR DIAGRAMMATIC PURPOSES AND IS NOT INTENDED TO BE USED FOR SALES PURPOSES TO DETERMINE SQUARE FOOTAGE. THE
DIAGRAMMATIC PLANS CONTAINED HEREIN INTENTIONALLY OMIT INFORMATION WITH RESPECT TO ANY CONSTRUCTED IMPROVEMENTS.
11. LATERAL BOUNDARIES; INTERSECTION OF LINES AND TIES. ALL LATERAL
BOUNDARIES ARE VERTICAL PLANES AT THE LIMITS OF THE HORIZONTAL DIMENSIONS SHOWN ON THIS CONDOMINIUM PLAN. ALL VERTICAL AND HORIZONTAL LINES INTERSECT
AT RIGHT ANGLES, UNLESS OTHERWISE NOTED OR APPARENT, ON THIS CONDOMINIUM PLAN.
APRIL 3, 2024
38 SHEET _J_ OF _1_1
CONDOMINIUM PLAN FOR
229 AVENIDA MONTEREY ASSOCIATION
IN THE CITY OF SAN CLEMENTE,
COUNTY OF ORANGE, STATE OF CALIFORNIA
PARCEL MAP 2023-112, P.M.B. _ PAGES __
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APRIL 3, 2024
39 SHEET __a_ OF _1_1
CONDOMINIUM PLAN FOR
229 AVENIDA MONTEREY ASSOCIATION
IN THE CITY OF SAN CLEMENTE,
COUNTY OF ORANGE, STATE OF CALIFORNIA
PARCEL MAP 2023-112, P.M.B. _ PAGES __
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APRIL 3, 2024
40 SHEET _a_ OF _1_1
CONDOMINIUM PLAN FOR
229 AVENIDA MONTEREY ASSOCIATION
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APRIL 3, 2024
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SHEET ...1.Q_ OF _1_1
CONDOMINIUM PLAN FOR
229 AVENIDA MONTEREY ASSOCIATION
IN THE CITY OF SAN CLEMENTE,
COUNTY OF ORANGE, STATE OF CALIFORNIA
PARCEL MAP 2023-112, P.M.B. _ PAGES __
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APRIL 3, 2024
42 SHEET _1_1 OF _1_1
CONDOMINIUM PLAN FOR
229 AVENIDA MONTEREY ASSOCIATION
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PARCEL MAP 2023-112, P.M.B. _ PAGES __
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cxi
-
0 0
cxi
LJ
~ I
0 0 L{) L{)
UNfT-2 oi O'l UNfT-1
2ND FLOOR 2ND FLOOR
0 0
UNfT-2 0 0 UNfT-1 cxi cxi
1ST FLOOR °g 1ST FLOOR 8
I
cxi
I I cxi I
_J L _J L
BUILDING ELEV A 110N •E"
SCALE 1 " = 1 O'
"
0 ·o
L{)
0 oi
cxi
0 0 0
0 ci
cxi ~
L
P:::
CONDOIVIINIUIVI VERllCAL CROSS SECTION "E•
APRIL 3, 2024
43 SHEET 1 OF 4 SHEETS
NUMBER OF PARCELS: 1 NUMBERED
GROSS AREA: 14,339 SQUARE FEET PARCEL MAP NO. 2023-112 ACCEPTED AND FILED AT THE
REQUEST OF
PROVIDENT TITLE COMPANY
DATE OF SURVEY: JUNE 9, 2023
ALL OF TENTATIVE PARCEL MAP NO. 2023-112
IN THE CITY OF SAN CLEMENTE, DATE __________ _
COUNTY OF ORANGE, STATE OF CALIFORNIA TIME ____ FEE $ ____ _ BEING A SUBDIVISION OF LOT 21, BLOCK 1 OF TRACT NO. 785 AS PER MAP RECORDED IN BOOK 23, PAGES 36 AND 37 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
INSTRUMENT NO.
BOOK _____ PAGE __ _
FOR CONDOMINIUM PURPOSES
JUNE, 2023
HUGH NGUYEN
COUNTY CLERK-RECORDER
BY __________ _
JONES, CAHL & ASSOCIATES DEPUTY
DANIEL RUBIO P.L.S. 8239
OWNERSHIP CERTIFICATE=
WE, THE UNDERSIGNED, BEING ALL PARTIES HAVING ANY RECORD TITLE INTEREST IN THE LAND
COVERED BY THIS MAP, DO HEREBY CONSENT TO THE PREPARATION AND RECORDATION OF SAID MAP, AS SHOWN WITHIN THE DISTINCTIVE BORDER LINE.
WE HEREBY DEDICATE TO THE CITY OF SAN CLEMENTE:
1. ALL WATER RIGHTS OR INTERESTS THEREIN NO MATTER HOW ACQUIRED BY THE GRANTOR,
AND OWNED OR USED BY THE GRANTOR IN CONNECTION WITH OR WITH RESPECT TO THE
REAL PROPERTY DESCRIBED ON THIS MAP, TOGETHER WITH THE RIGHT AND POWER TO
EXPLORE, DRILL, REDRILL, REMOVE AND STORE THE SAME OR DIVERT OR OTHERWISE UTILIZE
SUCH WATER, RIGHTS OR INTERESTS, WHETHER SUCH WATER RIGHTS SHALL BE RIPARIAN,
OVERLYING, APPROPRIATIVE, PERCOLATING, PRESCRIPTIVE, ADJUDICATED, STATUTORY, OR
CONTRACTUAL, BUT WITHOUT, HOWEVER, ANY RIGHT TO ENTER UPON AND USE THE SURFACE OF SAID PROPERTY IN THE EXERCISE OF SUCH RIGHTS DESCRIBED HEREIN.
AVE MONTEREY 229 LLC, A CALIFORNIA LIMITED LIABILITY COMPANY BY:
NAME:
TITLE:
BY:
JUSTIN KOZIK
MANAGER
NAME: ALEXANDRA KOZIK
TITLE: MANAGER
NOTARY ACKNOWLEDGMENT=
A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY
THE IDENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS
CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT.
STATE OF CALIFORNIA )
)ss
COUNTY OF ____ _.,
ON _____________ BEFORE ME,
NOTARY PUBLIC, PERSONALLY APPEARED -------------~
WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S)
WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO
ME THAT HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED
CAPACITY(IES), AND THAT BY HIS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT THE
PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT.
I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT.
SIGNATURE
NOTARY PUBLIC IN AND FOR
SAID STATE
(NAME PRINTED)
NOTARY ACKNOWLEDGMENT=
MY PRINCIPAL PLACE OF BUSINESS
IS IN ______ COUNTY
MY COMMISSION EXPIRES
A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY
THE IDENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS
CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT.
STATE OF CALIFORNIA )
)SS
COUNTY OF ____ _.,
ON _____________ BEFORE ME,
SURVEYOR'S ST A TEMENT=
THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION AND IS BASED UPON A
FIELD SURVEY IN CONFORMANCE WITH THE REQUIREMENTS OF THE SUBDIVISION MAP ACT AND LOCAL ORDINANCE AT THE REQUEST OF JUSTIN KOZIK IN JUNE 2023. I
HEREBY STATE THAT ALL MONUMENTS ARE OF THE CHARACTER AND OCCUPY THE POSITIONS INDICATED, OR THAT THEY WILL BE SET IN SUCH POSITIONS WITHIN 90
DAYS AFTER ACCEPTANCE OF IMPROVEMENTS, AND THAT SAID MONUMENTS ARE SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED. I HEREBY STATE THAT THIS
PARCEL MAP SUBSTANTIALLY CONFORMS TO THE APPROVED OR CONDITIONALLY APPROVED TENTATIVE MAP, IF ANY. LAN
S'v D :Z
DANIEL RUBIO
L.S. NO: 8239
EXPIRATION DATE: 12/31/2025
COUNTY SURVEYOR'S STATEMENT=
DATE
'v~SV'\t..l Rus~~
-2 0"' 0 '8 ✓ ?O
I HEREBY STATE THAT I HAVE EXAMINED THIS MAP AND HAVE FOUND THAT ALL
MAPPING PROVISIONS OF THE SUBDIVISION MAP ACT HAVE BEEN COMPLIED WITH AND AM SATISFIED SAID MAP IS TECHNICALLY CORRECT.
DATED THIS ____ DAY OF _______ _
LILY M. N. SANDBERG, CHIEF DEPUTY COUNTY SURVEYOR
P.L.S. 8402
CITY ENGINEER'S STATEMENT:
20 I HEREBY STATE THAT I HAVE EXAMINED THIS MAP AND HAVE FOUND IT TO BE
SUBSTANTIALLY IN CONFORMANCE WITH THE TENTATIVE MAP, IF REQUIRED, AS FILED WITH, AMENDED AND APPROVED BY THE CITY PLANNING COMMISSION; THAT ALL
PROVISIONS OF THE SUBDIVISION MAP ACT AND CITY SUBDIVISION REGULATIONS HAVE BEEN COMPLIED WITH.
DATED THIS _____ DAY OF ______ , 20 __
DAVID T. REBENSDORF, R.C.E. NO. 60091
PUBLIC WORKS DIRECTOR/CITY ENGINEER,
CITY OF SAN CLEMENTE
CITY CLERK'S CERTIFICATE:
STATE OF CALIFORNIA )
COUNTY OF ORANGE )SS
CITY OF SAN CLEMENTE)
I HEREBY CERTIFY THAT THIS MAP WAS PRESENTED FOR APPROVAL TO THE CITY
COUNCIL OF THE CITY OF SAN CLEMENTE AT A REGULAR MEETING THEREOF HELD ON THE ____ DAY OF --------~ 20 __ AND THAT THEREUPON
SAID COUNCIL DID, BY AN ORDER DULY PASSED AND ENTERED, APPROVE SAID MAP.
AND DID ACCEPT ON BEHALF OF THE CITY OF SAN CLEMENTE:
1. THE WATER RIGHTS AS DEDICATED.
AND DID ALSO APPROVE SUBJECT MAP PURSUANT TO THE PROVISIONS OF SECTION 66436(a)(3)(A) OF THE SUBDIVISION MAP ACT.
DATED THIS ____ DAY OF _____ _ 20
LAURA D. CAMPAGNOLO, CITY CLERK
NOTARY PUBLIC, PERSONALLY APPEARED -------------~ CITY OF SAN CLEMENTE
WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S)
WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO
ME THAT HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED
CAPACITY(IES), AND THAT BY HIS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT THE
PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT.
I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT.
SIGNATURE
NOTARY PUBLIC IN AND FOR
SAID STATE
(NAME PRINTED)
SIGNATURE OMISSONS:
MY PRINCIPAL PLACE OF BUSINESS
IS IN _____ _ COUNTY
MY COMMISSION EXPIRES
PURSUANT TO THE PROVISIONS OF SECTION 66436(a)(3)(A) OF THE SUBDIVISION MAP ACT, THE FOLLOWING SIGNATURES HAVE BEEN OMITTED:
1. HELLMAN COMMERCIAL TRUST AND SAVINGS BANK HOLDERS OF AN EASEMENT FOR WATERWAY PURPOSES AND FOR DRAINAGE PURPOSES AS RESERVED ON TRACT NO. 785, M.M. 23/36-37.
2. BANK OF AMERICA OF CALIFORNIA, HOLDER OF AN EASEMENT FOR ELECTRIC AND TELEPHONE LINES AS RESERVED IN DOCUMENT RECORDED JANUARY 28, 1929 IN BOOK 238, PAGE 256 OF OFFICIAL RECORDS.
COUNTY TREASURER-TAX COLLECTOR'S CERTIFICATE=
STATE OF CALIFORNIA)
)SS
COUNTY OF ORANGE)
I HEREBY CERTIFY THAT ACCORDING TO THE RECORDS OF MY OFFICE, THERE ARE NO
LIENS AGAINST THE LAND COVERED BY THIS MAP OR ANY PART THEREOF FOR UNPAID
STATE, COUNTY, MUNICIPAL OR LOCAL TAXES OR SPECIAL ASSESSMENTS COLLECTED
AS TAXES, EXCEPT TAXES OR SPECIAL ASSESSMENTS COLLECTED AS TAXES NOT YET PAYABLE.
AND DO CERTIFY TO THE RECORDER OF ORANGE COUNTY THAT THE PROVISIONS OF
THE SUBDIVISION MAP ACT HAVE BEEN COMPLIED WITH REGARDING DEPOSITS TO
SECURE PAYMENT OF TAXES OR SPECIAL ASSESSMENTS COLLECTED AS TAXES ON THE LAND COVERED BY THIS MAP.
DATED THIS _____ DAY OF ______ , 20 __
SHARI L. FREIDENRICH BY: __________ _
COUNTY TREASURER - TAX COLLECTOR TREASURER-TAX COLLECTOR ST A TEMENT OF PURPOSE:
THE PURPOSE OF THIS PARCEL MAP IS TO CREATE ONE PARCEL FOR CONDOMINIUM PURPOSES FROM ONE EXISTING LOT.
44 SHEET 2 OF 4 SHEETS
NUMBER OF PARCELS: 1 NUMBERED
GROSS AREA: 14,339 SQUARE FEET PARCEL MAP NO. 2023-112
DATE OF SURVEY: JUNE 9, 2023
ALL OF TENTATIVE PARCEL MAP NO. 2023-112
BENEFICIARY STATEMENT:
IN THE CITY OF SAN CLEMENTE,
COUNTY OF ORANGE, STATE OF CALIFORNIA
BEING A SUBDIVISION OF LOT 21, BLOCK 1 OF TRACT NO. 785 AS PER MAP RECORDED IN BOOK 23, PAGES 36 AND 37 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
FOR CONDOMINIUM PURPOSES
JUNE, 2023
JONES, CAHL & ASSOCIATES
DANIEL RUBIO P.L.S. 8239
HOME SAVINGS BANK, BENEFICIARY UNDER A DEED OF TRUST RECORDED MAY 30, 2023 AS INSTRUMENT NO. 2023000126388 OF OFFICIAL RECORDS.
BY:
NAME:
TITLE:
BY:
NAME:
TITLE:
NOTARY ACKNOWLEDGMENT=
A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY
THE IDENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS
CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT.
STATE OF CALIFORNIA )
)SS
COUNTY OF ____ _,
ON _____________ BEFORE ME,
NOTARY PUBLIC, PERSONALLY APPEARED -------------~
WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S)
WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO
ME THAT HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED
CAPACITY(IES), AND THAT BY HIS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT THE
PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT.
I CERTIFY UNDER PENAL TY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT.
SIGNATURE
NOTARY PUBLIC IN AND FOR
SAID STATE
(NAME PRINTED)
NOTARY ACKNOWLEDGMENT=
MY PRINCIPAL PLACE OF BUSINESS
IS IN _____ _ COUNTY
MY COMMISSION EXPIRES
A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY
THE IDENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS
CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT.
STATE OF CALIFORNIA )
)SS
COUNTY OF ____ _,
ON _____________ BEFORE ME,
NOTARY PUBLIC, PERSONALLY APPEARED -------------~
WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S)
WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO
ME THAT HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED
CAPACITY(IES), AND THAT BY HIS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT THE
PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT.
I CERTIFY UNDER PENAL TY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT.
SIGNATURE
NOTARY PUBLIC IN AND FOR
SAID STATE
(NAME PRINTED)
MY PRINCIPAL PLACE OF BUSINESS
IS IN _____ _ COUNTY
MY COMMISSION EXPIRES
45 SHEET 3 OF 4 SHEETS
NUMBER OF PARCELS: 1 NUMBERED
GROSS AREA: 14,339 SQUARE FEET PARCEL MAP NO. 2023-112
DATE OF SURVEY: JUNE 9, 2023
ALL OF TENTATIVE PARCEL MAP NO. 2023-112
DA TUM STATEMENT
THE COORDINATES SHOWN HERON ARE
BASED ON THE CALIFORNIA COORDINATE
SYSTEM (CCS83, ZONE VI) NAD 1983
(2017.50 EPOCH, O.C.S. GPS ADJUSTMENT).
ALL DISTANCES SHOWN ARE GROUND,
UNLESS OTHERWISE NOTED, TO OBTAIN GRID
DISTANCE MULTIPLY GROUND DISTANCE BY
0.99995119, MEAN VALUE
BASIS OF BEARINGS:
THE BEARINGS SHOWN HEREON ARE BASED
ON THE BEARING BETWEEN ORANGE COUNTY
SURVEYOR'S HORIZONTAL CONTROL STATIONS
G.P.S. NO. 4330R1 AND STATION G.P.S.
4344R1 BEING NORTH 81 ·32'59" WEST PER
RECORDS ON FILE IN THE OFFICE OF THE
ORANGE COUNTY SURVEYOR
LINE TABLE
LINE BEARING LENGTH
[11 N51 "49'25"E 100.07' (R2: 100.00')
1u41 N54 "54 '08"E 41.84' (R2: 41.83')
lu51 N36"02'30"E 41.61' (R2: 41. 70')
CURVE TABLE
CURVE RADIUS DELTA LENGTH
§ 265.00' 79·47'57" 91.57'
(R2: 19"48'00") (R2: 91.58')
§ 581.05' 10"27'14" 106.02'
(R2: 10"27'00") (R2: 105.98')
0 575.00' 17"14'09" 172.97'
(R2: 17"15'15") (R2: 173.16')
0 393.34' !!.=30"56'00" L=212.36'
(R2: !!.=30"58'00") (R2: L=212.59')
IN THE CITY OF SAN CLEMENTE,
COUNTY OF ORANGE, STATE OF CALIFORNIA
FOR CONDOMINIUM PURPOSES
JONES, CAHL & ASSOCIATES
DANIEL RUBIO P.L.S. 8239
---
---- -............. ------------ / '-...-- .............. / "' " / ' "'
/ FD. LEAD, TACK FD. LEAD, TACK &
& TAG "LS 5411" TAG "0.C.S. TIE"
/ PER CR2019-1063 PER CR2019-1063
I \
'-......'i<'s S.F.N. i / \
/ r'i<'s'·t..o· t.Oj:,€1 \
• <to)'......._ __:-(t.O· ~ AVENIDA ROSA
I , / "-3'. \ fi}3,,,,___ r: ::-.._o' I t,,\1/1brl ,Jc:9~.._:>, -----1-.../ -C.t. \. ~ • ,J,9)- ......___.____ I
\ ! \_FD NAIL & TAG , /
FD. LEAD, TACK & 3i:: "LS 5939" PER / ,
TAG "o.c.s. TIE" ~ CR2019-1063
PER C~2019-1063 ~ / ~
"' --< /
"-,_ ( ) - RECORD DISTANCE /
"- PER CR2019-1063 /
............. - _..,,.....
TANGENT --- 46.25'
(R2: 46. 24 ')
53.16'
(R2: 53.14')
87.14'
(R2: 87.24')
108.84'
(R2: 108.96')
FD. LEAD, TACK NOTE: TIES DO NOT FIT CENTER LI NE & TAG "LS 5411" MONUMENT OF CR2010-3361. PER CR2010-3361
I
I
/
/
/
FD. LEAD, TACK
& TAG "LS 5411"
PER CR2010-3361
,- -~/ "~
ol I #) \
<\;1/"i ~;,, ~ ~,,,Y \
r;;,1_1\., • ~ ~
\
\
I \ // I 37.96'
I - (36.11 T- -
/ I
\ / / \ ~
0 r'iIAPL/~~~,,,/
\
\/, PER CR2010-3361
\
FD. GEAR SPIKE & /
WASHER "LS 5411" \
~R CR2010-3361 /
'-.; ..-----...... ( ) - RECORD DISTANCE _,,, /
'y PER CR2010-3361 /
..........._ /
/ - _ S.F.N. _ _..,,.....
\
I
1/
\I V
0 Ii;
GRAPHIC SCALE
(IN FEET)
30'
SCALE: 1" = 60'
/---
....__ () -.........._ -,_j
60'
--------
\j
·- --
........_______
........_______
-...........__
~ ~
-
46 SHEET 4 OF 4 SHEETS
NUMBER OF PARCELS: 1 NUMBERED
GROSS AREA: 14,339 SQUARE FEET PARCEL MAP NO. 2023-112
DATE OF SURVEY: JUNE 9, 2023
ALL OF TENTATIVE PARCEL MAP NO. 2023-112
SURVEYOR'S BOUNDARY NOTE:
THERE ARE NO CONFLICTS WITH EXISTING
VISIBLE IMPROVEMENTS AND THE EXTERIOR
BOUNDARY LINE (DISTINCTIVE BORDER) OF
THIS MAP AS ESTABLISHED HEREON.
CENTERLINE SEARCH NOTE:
SEARCHED, NOTHING FOUND AT ALL
CENTERLINE BC, EC, PCC AND PRC
POINTS ON AVENIDA MONTEREY UNLESS
OTHERWISE NOTED.
REFERENCES
R1 - TRACT NO. 785, MM 23/36-37
R2 - TRACT NO. 779, MM 23/19-25
R3 - TRACT NO. 822, MM 25/21-26
( ) INDICATES RECORD DATA AS NOTED
LINE TABLE
LIN[ BEARING LENGTH
[I] N5"26'17"E 10.47' M & R1
~ N26"54'34"W 86.65' (R1: 86.68')
[Q] N41"53'58"E 38.15' M & R1
[11 N51 "49'25"E 100. 01' (R2: 100. oo')
~ N11"04'06"[ 50.09' (R1: 50. 75')
[ill N11"04'06"[ 55.52' (R1: 55.50')
[z] N2J"36'06"[ 0.05' (R1: 0.13')
rm N2J"36'06"[ 54.15' (R1:54.21')
[m N2J"36'06"[ 6.94' (R1: 6.96')
IUOI N73'37'56"[ 53.81' (R1:53.85')
Iu1I N59'08'17"E 1.00' M & R1
Iu2I N59'08'17"E 38.27' (R1: 38.32')
IL13I N5"26'17"E 18.52' (R1: 18.53')
lu4I N38'10'38"W 25.00' M & R2 RAD.
lu5I N77'28'48"W 25.00' M & R2 RAD.
ABBREV/A TIONS
o.c.s - ORANGE COUNTY SURVEYOR
S.F.N
F.D.
G.S.
P.M.
RAD.
SEARCHED FOUND NOTHING
- FOUND
- GEAR SPIKE
PARCEL MAP
RADIAL
OCS GPS# 4330R1
NORTHING = 2100119.09 FT.
EASTING = 6143374.44 FT.
FD GEAR SPIKE AND WASHER STAMPED "LS
6970" FLUSH. STATION IS LOCATED AT
CENTERLINE RADIUS POINT OF CORTO LN.
CUL-DE-SAC PER CORNER RECORD
2003-1665
IN THE CITY OF SAN CLEMENTE,
COUNTY OF ORANGE, STATE OF CALIFORNIA
FOR CONDOMINIUM PURPOSES
JONES, CAHL & ASSOCIATES
DANIEL RUBIO P.L.S. 8239
MONUMENT NOTES: CURVE TABLE
..&. INDICATED FOUND O.C.S. HORIZONTAL
CONTROL STATION MONUMENT PER
RECORDS ON FILE IN THE OFFICE OF
THE ORANGE COUNTY SURVEYOR
• INDICATES FOUND MONUMENT OR
ESTABLISHED BY TIES AS NOTED.
0 G)-
@-
@-
@-
(J) -
@-
INDICATES SET 2" IP TAGGED "PLS
8239", FLUSH, OR SET LEAD, TACK
AND TAG STAMPED "PLS 8239" IN
CONCRETE, FLUSH, AT PROPERTY
CORNER UNLESS OTHERWISE NOTED ON
PROD. OF PROPERTY LINE.
FOUND LEAD, TACK AND TAG
STAMPED "LS 2627", NO REF.
N9"12'50"E 0.28' TO THE NORTHERLY
PROPERTY CORNER OF LOT 21,
BLOCK 1, TRACT 785, MM 23/36-37.
FOUND LEAD, TACK AND TAG
STAMPED "RCE 10035", NO REF.
N46'42'46"W 5.11' FROM NORTHERLY
PROPERTY CORNER OF LOT 20,
BLOCK 1, TRACT 785, MM 23/36-37.
FOUND LEAD, TACK AND TAG
STAMPED "RCE 10035", NO REF.
N54"10'56"W 4.83' FROM NORTHERLY
PROPERTY CORNER OF LOT 18,
BLOCK 1, TRACT 785, MM 23/36-37.
FOUND LEAD, TACK AND TAG
STAMPED "RCE 10035", NO REF.
N57'41'55"W 5.00' FROM NORTHERLY
PROPERTY CORNER OF LOT 17,
BLOCK 1, TRACT 785, MM 23/36-37.
FOUND LEAD, TACK AND TAG
STAMPED "LS 2627", NO REF.
4.63' RADIAL FROM THE
NORTHWESTERLY RIGHT-OF-WAY OF
AVENIDA MONTEREY.
FOUND LEAD, TACK AND TAG
STAMPED "LS 5939", NO REF.
4.97' RADIAL FROM THE
SOUTHEASTERLY RIGHT-OF-WAY OF
AVENIDA MONTEREY.
FOUND LEAD, TACK AND TAG STAMPED
"LS 5939", PER CR 1998-0239, 4. 95'
PERPENDICULAR NORTHERLY FROM THE
SOUTHERLY RIGHT-OF-WAY OF
AVENIDA ALGODON.
FOUND LEAD, TACK AND TAG STAMPED
"LS 2627", PER CR 2006-1331, 4.85'
PERPENDICULAR SOUTHERLY FROM THE
NORTHERLY RIGHT-OF-WAY OF
AVENIDA ALGODON.
CURVE RADIUS
@ 600.00'
@ 600.00'
@ 600.00'
@ 600.00'
@ 600.00'
@ 575.00'
@ 581.05'
@ 625.00'
@ 600.00'
§ 600.00'
DELTA LENGTH
4 "46'10" 49.95'
(R1: 4 "46'29") (R1:50.00')
3"48'56" 39.96'
(R1: 3"49'11 ") (R1: 40.00')
T37'52" 79.91'
(R1: T38'22") (R1: 80. 00')
3'48'56" 39.96'
(R1: 3'49'11 ") (R1: 40.00')
3'48'56" 39.96'
(R1: 3'49'09") (R1: 40.00')
3'34'17" 35.84'
(R1: 3'34'30") (R1: 35. 88')
10"27'14" 106.02'
(R1: 10"27'00") (R1: 105.95')
10"06'28" 110.26'
(R1: 10'06'25") (R1: 110.25')
1 '28'50" 15.50'
(R1: 7"28'56") (R1: 15.52')
13"58'31" 146.35'
(R1: 13"59'27") (R1:L=146.51')
I
---- ----
-----
------------
TANGENT
24.99'
(R1: 25. 02')
19.99'
(R2: 20. 01 ')
40.02'
(R1: 40.06')
19.99'
(R1: 20. 01 ')
19.99'
(R1: 20. 01 ')
17.93'
(R1:17.94')
53.16'
(R1: 53. 13')
55.27'
(R1:55.27')
7.75'
(R1: 7. 76')
73.54'
(R1: 7. 76')
------------
------------
~
0 ·o
0 o
0 '° N
c:i ·o Ll1 0
'°
N
Ii;
GRAPHIC SCALE
(IN FEET)
25'
SCALE: 1" = 50'
-- ---
~
50'
--
~
/ ~ ~ ,_)/ <·!7 __ ~
1-
z
0 0.
.....I
<(
u
1-
z
w
0 L
SEE SHEET 2 FOR ESTABLISHMENT
OF THE CENTERLINE OF AVENIDA
MONTEREY
--~~N8T38'55"[ 2,484.93' GPS
S.F.
I\,_;
,~-,\
\
\
\
ESTABLISHMENT NOTES: V
(El ESTABLISHED BY PRORATION PER R1.
[ID ESTABLISHED BY RECORD DISTANCE
AND ANGLE
[gJ ESTABLISHED BY RECORD ANGLE
~ BASIS OF BEARINGS:
\
\ ,(
\ ,::,J\
\
N81 '32'59"W
\
'\
1 O' WIDE EASEMENT-----.~~~
RESERVED FOR
WATERWAY PER
TRACT NO. 785
4,568.01' GROUND
------
4,567.79' GRID
,,,,, ~
---
-
-
OCS GPS# 4344R1
NORTHING = 2099447.85 FT.
EASTING = 6147892.64 FT.
FD PUNCHED SPIKE AND 1 1/4"
OCS BRASS WASHER STAMPED
"4344R1 5-01'' FLUSH. MONUMENT
---
IS LOCATED ALONG CALLE ALCAZAR,
110'+/- NORTHWESTERLY FROM ITS
INTERSECTION WITH AVENIDA
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San Clemente, California
www.san-clemente.org
AGENDA REPORT
CITY OF SAN CLEMENTE
CITY COUNCIL MEETING
CITY OF SAN CLEMENTE
Meeting Date: June 17, 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 APPROVING FINAL PARCEL MAP 2018-137, 3 LOT SUBDIVISION AT 143
..body NORTH LA ESPERANZA
Fiscal Impact:
None.
Summary:
Edward M. Sanchez, the property owner and Subdivider of Final Parcel Map 2018-137, has submitted the Final Parcel Map for City Council approval. Staff has confirmed that the proposed Final Parcel Map is in conformance with the approved Tentative Parcel Map. Pursuant to the Subdivision Map Act, a legislative body shall not deny approval of a Final Parcel Map if it has previously approved a Tentative Parcel Map for the proposed subdivision and if it finds that the Final Parcel Map is in substantial compliance with the previously approved Tentative Parcel Map.
Thus, while the Subdivision Map Act and San Clemente Municipal Code Chapter 16 require City Council action to approve the Final Parcel Map, that action is ministerial.
Background:
Parcel Map 2018-137 involves the subdivision of one 21,536 square-foot residential property into three separate properties. See Figure 1 below. The City Engineer has reviewed and is satisfied with the quitclaims in favor of the City that the Subdivider obtained from all persons having any interest in existing rights of way for pipelines for the conveyance of water, and for all rights to all underground water. The Subdivider has satisfied all other Conditions of Approval that are required prior to Final Parcel Map approval. Copies of the proposed Final Parcel Map and approved Tentative Parcel Map are available for review at City Hall in the Public Works, Engineering Division.
The Tentative Parcel Map 2018-137 was approved by the City Council on August 21, 2018 by adopting Resolution No. 18-49, however, the approval was considered null and void after 24 months given that no final map was recorded. A new application for the subdivision was submitted in July of 2024. It was reviewed on February 5, 2025 by the Planning Commission, which recommended approval by the City Council. On April 1, 2025, the City Council approved Tentative Parcel Map 2018-137 by adopting Resolution No. 25-34. See Attachment 1 for the latest agenda package which also includes all previous City approvals. Unless the City Council finds that the Final Parcel Map is not in substantial compliance with the previously approved Tentative Parcel Map, approving the Final Parcel Map is a ministerial action. 1 Meeting Date: June 17, 2025 Agenda Item: 11G.
CITY OF SAN CLEMENTE
Figure 1- Vicinity Map
Council Options:
Adopt Resolution No. 25-90 (Attachment 2), approving Final Parcel Map 2018-137, and accepting the water rights as dedicated.
Modify and adopt Resolution 25-90.
Continue the item and direct staff to provide additional information. Deny Resolution No. 25-90 pursuant to the provisions of the Subdivision Map Act and the City Municipal Code Chapter 16, Final Parcel Maps require City Council action for approval, denial, or modifications. Per Subdivision Map Act (Government Code section 66474.1), a legislative body shall not deny approval of a Final Parcel Map if it has previously approved a Tentative Parcel Map for the proposed subdivision and if it finds that the Final Parcel Map is in substantial compliance with the previously approved Tentative Parcel Map.
Environmental Review/Analysis:
This project was previously found Categorically Exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15315 (Class 15: Minor Land Divisions) and 15301.k (Class 1: Existing Facilities) in connection with the approval of the Tentative Parcel Map. The approval of a Final Parcel Map is a ministerial action and not a “project” under CEQA.
2 Meeting Date: June 17, 2025 Agenda Item: 11G.
CITY OF SAN CLEMENTE
Recommended Actions:
Staff recommends that the City Council approve Resolution No. 25-90, which would:
1. Approve the Final Parcel Map 2018-137 as it conforms to the requirements set forth in the Subdivision Map Act and the previously approved Tentative Parcel Map;
2. Accept on behalf of the City of San Clemente the water rights as dedicated;
3. Authorize and direct the Public Works Director/City Engineer to execute the Final Parcel Map; and
4. Authorize and direct the City Clerk to execute and submit the Final Parcel Map for recordation with the County of Orange Recorder’s Office.....recommendation ..end
Attachment:
1. April 1, 2025 City Council Agenda Report with Resolution 25-34
2. Resolution No. 25-90
Notification:
Richard Frei, property owner/representative
3 910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
AGENDA REPORT
CITY OF SAN CLEMENTE
CITY COUNCIL MEETING
CITY OF SAN CLEMENTE
Meeting Date: April 1, 2025 Agenda Item: 8A.
Submitted By: Community Development
Prepared By: Araceli Mejia, Assistant Planner
Jonathan Lightfoot, City Planner
Subject:
..titl ePUBLIC HEARING ON CONSIDERATION OF TENTATIVE PARCEL MAP (2018-137) FOR A ..bodyTHREE LOT RESIDENTIAL SUBDIVISION AT 143 N. LA ESPERANZA Fiscal Impact:
No fiscal impact.
Summary:
This item is a request for the City Council to approve a tentative parcel map, provided as Attachment 2, to divide a 21,536 square-foot parcel, located at 143 N. La Esperanza, into three new parcels. Figure 1, below, shows a map of the property, outlined in red, requested to be subdivided.
Figure 1 Vicinity Map
4 Attachment 1
Meeting Date: April 1, 2025 Agenda Item: 8A.
CITY OF SAN CLEMENTE
Background:
The site is a 21,536 square foot lot within the Residential Low Density (RL) zoning district. The rear of the property is adjacent to Interstate-5 (I-5) to the west and south. The site is adjacent to single-family residences to the north, and vacant single-family residential lots to the east along Avenida de la Paz. The site slopes down from the street to the I-5 Right-of-Way. One residence is already built on the lot. The subdivision would allow for single family residences to be built on the newly created lots, which meet the size and frontage requirements prescribed within the Zoning Ordinance. There is a 14-foot-high block wall along the rear property to absorb I-5 traffic noise.
Applicant Justin Richmond and property owner Edward Sanchez request to subdivide the site into three parcels for sale. Municipal Code Section 16.04.015(I)(1) requires City Council approval of land subdivisions. This site was previously approved for a tentative parcel map on August 21, 2018, when the City Council adopted Resolution No. 18-49 to approve Tentative Parcel Map 2018-137 for the subject property. The minutes from that public hearing are provided as Attachment 3. However, the project entitlement was considered null and void after 24 months because a final parcel map was not recorded by such time.
A new application for the subdivision was submitted in July of 2024. It was reviewed on February 5, 2025 by the Planning Commission, which recommended approval to the City Council. The minutes and staff report with signed resolution from that Planning Commission meeting are provided as Attachments 4 and 5, respectively.
Council Options:
The City Council can approve the proposed project and adopt the attached Resolution 25-34, approving the project per required findings and Conditions of Approval.
The City Council may approve the proposed project with changes to the p conditions of approval.
The City Council may deny the proposed project based on specific findings.
Environmental Review/Analysis:
The Planning Division completed an initial environmental assessment of the project per the California Environmental Quality Act (CEQA). On February 5, 2025, the Planning Commission adopted Resolution PC 25-002 and determined that the project is categorically exempt from CEQA pursuant to CEQA Guidelines Section 15 (Class 15: Minor Land Divisions) because the subdivision involves four or fewer parcels in an urbanized residential zoned area that: 1) conforms to the General Plan and zoning; 2) can be developed without variances or exceptions; 3) no subdivisions have occurred on the site within the previous two years; 4) the parcel has an average slope less than 20 percent; and 5) no CEQA exceptions apply. The subdivision does not create new significant environmental impacts, change the significance of previously studied impacts, or result in need to add or change mitigation measures, beyond the impact analysis and mitigation in the certified Final Environmental Impact Report (FEIR) for the General Plan.
Additionally, the subdivision does not have significant impacts specific to the site and surrounding area.
5 •
• roject's design or
•
Meeting Date: April 1, 2025 Agenda Item: 8A.
CITY OF SAN CLEMENTE
Recommended Actions:
Staff and the Planning Commission recommend that the City Council do the following:
..recommendation
1. Conduct a public hearing; and
2. Adopt Resolution 25-34, approving PHP24-346, Tentative Parcel Map 18-137, subject to attached Conditions of Approval.
..endAttachments:
1. Resolution No. 25-34; Exhibit A Conditions of Approval
2. Tentative Parcel Map 18-137
3. Excerpted minutes from the City Council Meeting of August 21, 2018 approving a similar application, which has since expired
4. Minutes from the Planning Commission Meeting of February 5, 2025
5. Staff Report and Resolution from the Planning Commission Meeting of February 5, 2025 Notification:
Public notification was completed pursuant to the requirements of the San Clemente Municipal Code.
6 Attachment 1
RESOLUTION NO. 25-34
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN CLEMENTE, CALIFORNIA, APPROVING TENTATIVE
PARCEL MAP 2018-137, ESPERANZA SUBDIVISION OF A
SINGLE-FAMILY RESIDENTIAL LOT INTO THREE LOTS
LOCATED AT 143 NORTH LA ESPERANZA
WHEREAS, on August 21, 2018, the San Clemente City Council adopted Resolution No. 18-19 approving Tentative Parcel Map 2018-137 for 143 N. La Esperanza, which approval was considered null and void after 24 months given that no final parcel map was recorded; and
WHEREAS, on September 19, 2024, an application was submitted by Richard Frei, 914 East Katella Avenue, Anaheim, CA 92805, on behalf of property owner Edward Sanchez, and deemed complete on January 10, 2025, for Tentative Parcel Map 2018- 137 (PHP24-346), a request to subdivide one single-family residential lot into three lots.
The project site is 143 North La Esperanza, adjacent to Interstate-5 at the north end of North La Esperanza, and within the Residential Lotdescription is Portion of Lots 10- -095- 01; and
WHEREAS, the Planning Division has completed an initial environmental assessment of the above matter in accordance with the California Environmental Quality Act (CEQA) and recommended that the Planning Commission determine that the project is categorically exempt from CEQA pursuant to State CEQA Guidelines Section 15315 (Class 15: Minor Land Division) because the project falls within the minor land divisions exemption for subdivisions of four or fewer parcels; and
WHEREAS, the City's Development Management Team (DMT) reviewed the proposed project and determined that it complies with the General Plan, Zoning Ordinance, and other applicable City ordinances and codes including the requirements for parcel maps identified in SCMC 16.08.030. The DMT supports this project as conditioned in Exhibit A of this Resolution; and
WHEREAS, on February 5, 2025, the Planning Commission of the City of San Clemente held a duly noticed public hearing on the subject application, considered written and oral comments, and facts and evidence presented by the applicant, City staff, and other interested parties; and
WHEREAS, on February 5, 2025, Planning Commission adopted Resolution PC25-002, recommending that the City Council approve the project with the required findings and Conditions of Approval in Exhibit A and determining that the project is categorically exempt from the requirements of CEQA pursuant to CEQA Guidelines Section 15315 (Class 15: Minor Land Divisions).
WHEREAS, on April 1, 2025, the City Council of the City of San Clemente held a duly noticed public hearing on the subject application, considered written and oral 7 Density Zone (RL). The site's legal
13, Tract 898, and Assessor's Parcel Number 057
Resolution No. 25-34 Page 2
comments, and facts and evidence presented by the applicant, City staff, and any other interested parties.
NOW, THEREFORE, the City Council of the City of San Clemente does hereby find, determine and resolve as follows:
Section 1. Incorporation of Recitals.
The City Council hereby finds that all of the facts in the Recitals are true and correct and are incorporated and adopted as findings of the City Council as if fully set forth in this resolution.
Section 2. Tentative Parcel Map Findings
With respect to Tentative Parcel Map (TPM) 2018-137, the City Council finds as follows:
A. The site is physically suitable for the type of development in that:
1. The applicant has demonstrated that three lots may be developed in compliance with applicable provisions of the Municipal Code, including but not limited to setbacks, lot coverage, maximum height, landscaping, and parking;
2. The subdivision complies with standards for minimum lot size, minimum street frontage, minimum lot width, and maximum density.
3. Public services and utilities can be proposed to the proposed parcels.
B. The site is physically suitable for the proposed density of the development, in that:
1. The applicant has demonstrated that the development of the three parcels can occur in a manner consistent with applicable provisions of the Municipal Code;
2. The subdivision complies with standards for new parcels, including minimum lot size, minimum street frontage, minimum lot width, and maximum density of one per 6,000 square feet of lot area. Each parcel will contain more than 6,000 square feet.
3. Public services and utilities can be provided to the proposed parcels; and
4. The subdivision is consistent with the development density established by the General Plan and the environmental impacts studied and mitigated by the Final Environmental Impact Report (FEIR) and Addendum No. 1, certified for the Centennial General Plan adopted in February 2014.
C. The design of the subdivision or the proposed improvement sis not likely to cause substantial environmental damage or substantially avoidably injure fish or wildlife or their habitat, in that:
1. The subdivision is consistent with the development density established by the General Plan and the environmental impacts studied and mitigated by the Final Environmental Impact Report (FEIR) and Addendum No. 1, certified for the Centennial General Plan adopted in February 2014. In terms of cumulative General Plan build-out and city-wide impacts, the project does not create new significant environmental impacts, or result in need to add or change mitigation measures beyond the impact analysis and mitigation in the FEIR. 8 Resolution No. 25-34 Page 3
Additionally, the subdivision does not have significant impacts specific to the site and surrounding area.
D. The design of the subdivision or the type of improvements are not likely to cause serious public health problems, in that:
1. The subdivision complies with standards for minimum lot size, minimum street frontage, minimum lot width, and maximum density. The RL zoning district allows a maximum residential density of one unit per 6,000 square feet of the lot area. The subdivision of the site results in three lots for future development of three residences; and
2. Public services and utilities can be provided to the proposed parcels.
E. The subdivision, with its provisions for design and improvements, is consistent with the General Plan, in that:
1. The project is limited to subdividing a property into three lots for future development of three single-family residences in the Residential Low Density (RL) land use designation. The intended use of the RL designation is singlefamily residential, and the proposed subdivision is consistent with this intent.
The applicant has demonstrated that the sites can be developed in a manner consistent with applicable provisions of the municipal code. Compliance with city standards will be verified before grading or construction commences. The review will ensure the future land use are consistent with the Land Use Element Policy LU-1.04, Singlesingle-family houses and site be designed to convey a high level of architectural and landscape quality in accordance with the Urban Design -1.06,
complementary building materials, colors, and forms, while allowing flexibility
2. The subdivision complies with the maximum allowed density for the RL designation. The RL designation allowed a maximum residential density of one unit per 6,000 square feet of lot area. The site is approximately 21,504 square feet and the subdivision of the site results in three lots for future development of three residences; and
3. The subdivision is consistent with the development density established by the General Plan and the environmental impacts studied and mitigated by the Final Environmental Impact Report (FEIR) and Addendum No. 1, certified for the Centennial General Plan adopted in February 2014.
F. The design of the subdivision type of improvements will not conflict with easements, acquired by the public at large, for access through or use if the property within the proposed subdivision. Easements are included at the rear of the site to ensure that there is adequate access and space to provide for drainage adjacent to the Interstate-5 sound wall. The development of the subdivision in the future will no restrict access to the easements, based on the location of the easements and the open lot area and setbacks provided through the implementation of zoning requirements in the review of future development plans.
Section 3. City Council Approval
Based on the foregoing recitals and findings, and the written and oral comments, 9 Family Residential Uses, "we require that
Element and Zoning Code ... " and Land Use Element Polity LU Residential Infill, 'We require that new residential development be compatible with adjacent structures and land uses and we require: ... b) use of for distinguished design solutions,"
10 Resolution No. 25-34 Page 4
facts, and evidence presented, the City of San Clemente City Council adopts this Resolution approving Tentative Parcel Map 2018-137, Esperanza Subdivision, subject to the Conditions of Approval set forth in Exhibit A
Section 4. Certification.
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 1st day of April, 2025.
ty Clerk of the City of
San Clemente, California
11 Resolution No. 25-34 Page 5
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. 25-34 was adopted at a regular meeting of the City Council of the City of San Clemente held on the 1st day of April, 2025, by the following vote:
AYES: CABRAL, ENMEIER, LOEFFLER, WU, MAYOR KNOBLOCK
NOES: NONE
ABSENT: NONE
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this J:\±:\ day of Pnpvi. \ ,. ~s .
Approved as to form:
Cl Y LERK of the City of
San Clemente, California
Resolution No. 25- EXHIBIT A
CONDITIONS OF APPROVAL
PHP24-346 TPM2018-137
STANDARD CONDITIONS
1.0 GENERAL CONDITIONS OF APPROVAL
1.1 Within 30 days of approval of this application, the applicant shall submit to the City Planner a signed acknowledgement concurring with all conditions of approval on a form to be provided by the City. Failure to submit this
acknowledgement may be grounds to revoke this approval.
Planning
1.2 1.3
1.4 The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City of San
Clemente and its officers, employees, and agents from and against any claim, action, proceeding, fines, damages,
employees, or agents to attack, set aside, void, or annul any approval or condition of approval of the City concerning this project, including but not limited to any approval or condition of approval of the City Council, Planning
Commission, or City Planner, Zoning Administrator, or City employees or environmental finding. Applicant shall pay all costs upon request by the City. The City shall promptly notify the applicant of any claim, action, or proceeding concerning the project and the City shall cooperate fully in the defense of the matter at the a
City reserves the right, at its own option, to choose its own attorney to represent the City, its officers, employees, and If the applicant fails to so defend the matter, the City shall have the right, at its own option, to do so and, if it does, the applicant shall promptly pay the City's full cost of the defense.
Use and development of this property shall be in
substantial conformance with the approved plans, material boards and other applicable information submitted with this application, and with these conditions of approval. Any modifications to the project shall be reviewed by the City Planner in accordance with the Zoning Ordinance Section
17.12.180.
The applicant shall comply with all applicable current and future provisions of the San Clemente Municipal Code,
adopted ordinances, and state laws.
Planning
Planning
All
12 24
expenses, and attorneys' fees, against the City, its officers, pplicant's expense. The
agents in the defense of the matter at the applicant's cost.
Resolution No. 25-24 Page 2
Exhibit A
1.5 Use of the subject property shall conform to all occupancy requirements, including posting of signs related to the maximum occupancy limitations.
All
1.6 1.7
1.8 TPM18-137 shall be deemed to have expired if within three years of approval the project is not commenced or the
project permitted by the approved application has lapsed, as defined by Zoning Ordinance Section 17.12.150.
Within five business days of project approval, the applicant shall submit to the Planning Division a check made payable to the Orange County Clerk-Recorder in the amount of $50 for filing the CEQA Notice.
Within 2 years after the approval date of Tentative Parcel Map No. 2018-137, unless an extension is granted as
provided in Section 16.12.100 of the Code of the City of San Clemente and Section 66452.6 of the Government
Code of the State of California (Subdivision Map Act), the subdivider shall cause the subdivision, or any part thereof, to be surveyed, and a final map to be prepared and
recorded in accordance with the tentative parcel map as approved. The final map shall be subject to pertinent
requirements of the Subdivision Map Act and shall conform to the approved tentative tract/parcel map, City standards, and all other applicable approved plans, codes,
ordinances, statutes and regulations.
Any failure to record a final parcel map within the time period specified, shall terminate all proceedings, and the approval or conditional approval of the tentative parcel map shall be null and void. Before a final parcel map may
thereafter be recorded on the same parcel of land, a new tentative parcel map shall be filed and approved pursuant to SCMC 16.12.100 (A)(B).
Planning
Planning
Planning
2.0 PRIOR TO APPROVAL OF A FINAL MAP
2.2 Prior to recordation of the final map, the applicant shall submit to the City Engineer evidence that the County
Surveyor has approved a digitized tract/parcel map
pursuant to Orange County Ordinance No. 3809 dated
January 28, 1991. The owner or designee shall pay for all costs of said digital submittals, including supplying digital copies to the City of the final, County Surveyor-approved digital map in DXF format.
Public
Works
13 ■■
Resolution No. 25-24 Page 3
Exhibit A
2.7 The applicant shall reimburse the City all costs associated with review of the project CC&Rs, Disclosure Statements, Office. The owner shall also pay all applicable development and final map fees for each unit, which may include, but are not limited to, City Consultants review fees, park
acquisition and development, water and sewer connection, drainage, and grading.
Planning
Public
Works
Easements 2.8 The final map shall depict the location of all easements for public sidewalk, open space, trails, water and sewer
easements, storm drains and storm drain maintenance
access, public street lights, utilities, reciprocal access, emergency access, slopes and slope maintenance, and
landscaping. All drainage easements shall be a minimum
of 15 feet. No drainage facilities accepted for dedication or maintenance by the City shall be located within slopes. (SCMC Section 16.28.030)
Public
Works
2.9 The applicant shall demonstrate to the satisfaction of the City Engineer that quitclaims in favor of the City have been obtained from all persons having any interest in existing rights of way for pipelines for the conveyance of water, and for all rights to all underground water. The right to all underground water, but without right of entry to the surface thereof, shall be conveyed to the City. No easements shall be granted nor recorded over any portion of the property shown on the submitted record map between the date the
tentative map is approved by the Planning Commission and the date the final or record map is recorded by the County Recorder. (SCMC Section 13.04.500)
Improvements
Public
Works
3.10 The applicant shall submit, and the City Engineer shall approve, frontage improvement plans. The applicant shall be responsible for the construction of all required frontage improvements as approved by the City Engineer including but not limited to the following:
A. Sidewalk, including construction of compliant
sidewalk around drive approach or other obstructions
to meet current City standards (2% cross fall) when
adequate right-of-way exists. Since the street rightof-way is approximately 5 feet behind the curb face, a sidewalk easement is anticipated to be required to
be granted to the City. Said sidewalk easement shall
Public
Works
14 and any other applicable documents by the City Attorney's ■
■
Resolution No. 25-24 Page 4
Exhibit A
be offered for dedications on the Final Parcel Map.
B. Per City Municipal Code Section 12.08.010 (A),
when building permit valuations exceed $50,000, the
owner or designee shall construct sidewalk along the
property frontage, unless a waiver is obtained.
(SCMC Chapter 15.36 and Sections 12.08.010, and
12.24.050)
4.0 PRIOR TO ISSUANCE OF BUILDING PERMITS
4.1 4.15
The working drawings shall include within the first four pages a list of all conditions of approval included in this resolution.
The new buyer/owner of the new parcels shall apply for a Development Permit prior to the issuance of a building
permit pursuant to San Clemente Municipal Code Section
17.16.100 (SCMC 17.16.100).
Building
Planning
All Conditions of Approval are standard, unless indicated as follows:
Denotes a modified standard Condition of Approval.
Denotes a project specific Condition of Approval
15 ■
■■
■■
■
16 NETNV.:.20,l!MSOJAREFCE
CROSSAIEA:21,s.J6S0UAREF'EET
HIMIEROF"PAIICE.S:J
T
DESIGNATION:
BENCHMARK:
38- 116-05
El.EVATla-1: 163.295
o ... ruM: NAW88
DESCRIBED 8Y OCS 2005 - FOUND 3 3/4" OCS ALUMINUM
BENCHM ... RK DISK STAMPED "JB-116-05" SET IN THE TOP Of NORTHEASlERL Y CORNER Of A 4.5 FT BY 12.0 FT CONCRETE
C,&,TCH 8.-.SIN. MONUMENT IS LOCATED IN THE SOUTHEASTERLY CORNER OF THE INTERSECTION OF THE EL PORTAl ANO EL CAMINO REAL. 21 FT. SOUTHERLY Of THE CENTERLINE OF EL PORTAL ANO 105 FT, EASTtRLY OF THE EAS1ERLY CURS ALONC EL CAMINO REAL MONUMENT IS SET LEVEL WITI-1 SIDEWALi(.
BASIS OF BEARINGS:
lHE BEARINCS SHOWN HEREON ARE BASED ON THE BEARING
BElVIHN 0CS CPS HORIZONTAL COflllROL STATION GPS 43J1R1 ANO CONTROL STATION GPS 4400R2 HAVING A BEM™C Of
NORTH 84"25'01" WEST PER RECORDS ON FILE IN lHE CFFlCE OF lHE ORANGE COUNTY SURVEYOR.
DATUM STATEMENT:
COOODINATES SHOWN HEREON ARE BASED ON THE
CAUFORNIACOOROINATE SYSTEM (CCS83), ZONE VI, 1983 NORTH AMERICAN DAlUM (2017.50 EPOCH O.C.S. G.P.S. AO.AJSlMENT) ALL DISTANCES SHQM.I HEREON ARE GROUND. GRID DISTANCES MAY BE D8T-'INED BY MULTIPLYING GRDIJND DISTANCES BY
0.9IMIIMl682 THE COMBINATION F'ACTOR WAS HELD AT THE Pl< NAIL AT THE INTERSECTION OF' AVENIOA CABAU£ROS AND
AVENIOA DE LA PAZ.
N - 2103058.97 E • 8145092.11
SCOPE OF WORK:
SUBDNISION OF' EXISTING PARCEL IN TO THREE NEW PARCELS
F'OR FUTURE SALE/DMLOPMENT.
EXISTING SITE IS A DEVELOPED SINGLE F'AMIL Y RESIDENCE, DE\oaOPED UNDER PRE\'IOUS ENTITLEMENT APPROVAL THERE ARE NO PROPOSED IMPROVEMENTS TO THE REM-'INDER OF THE PROPERTY AT THIS TIME.
LEGAL DESCRIPTION:
REAL PROPERTY IN THE CITY Of SAN CLEMENTE, CDIJNTY OF'
ORANGE, STATE OF' CALIF'ORNIA, DESCRl8EO AS F'OLLOWS:
THOSE PORTIONS OF LOTS 10 TO 13 INCLUSIVE, Of TRACT NO. 898, SAN CLEMENTE, "THE SPANISH -.,LLAGE", AS SHOM\I ON MAP RECORDED IN BOOK 28, PAGES 1 TO 4, INCLUSIVE, Of
MISCELLANEOUS MAPS. IN THE OfF'lCE OF' THE COUNTY RECORDER Of SAID COUNTY, DESCRIBED AS F'OLLOWS:
BEGINNING AT THE NORTHVll£STERl.Y TERMINUS OF' THAT COURSE SHOWN AS N -43-09'22" W, 90.91 FEET IN THE GENERAL
SOUTHWESTERLY LINE Of SEGMENT 16 OF' STATE HIGHWAY
RELINQUISHMENT NO. 1068, RECORDED -'JL Y 7, 198l AS
DOCUMENT NO. 83-291423 OF' OF'FlCIAL RECORDS IN SAJD OfFlCE ANO AS SHOWN ON MAP RECORDED IN BOOK 11, PAGE l1 OF
STATE HIGHWAY MAPS IN SAID OF'RCE: THENCE N 6J'24'!W W, l25.94 FEET; THENCE N 47'02'2o" W, 71.79 FEET TO THE
SOUTHWESTERLY TERMINUS OF' THAT COURSE SHOVIN ASS
42'57'40" W, 12.82 FEET IN SAID GENERAL SOUTHWESTERLY LINE;
THENCE ALONG LAST-MENTIONED COURSE AND SAJD GENERAL
SOUTHM:STERL Y LINE ALL THE F'Ol.LOWINC OESCR1BED CDIJRSES:
N 42'57'40" E, 12.82 FEET TO A NON-TANGENT CURVE CONCAVE NORTHERLY ANO HAVING A RADIUS Of 70,00 FEET: THENCE EASTERLY ALONG SAID CURVE F'ROM A TANGENT WHICH BEARS S 8819'47" E, THROUGH AN ANGLE OF' l2'59'45" AN ARC DISTANCE Of 40.ll FEET TO A REVERSE CURVE CONCAVE SOUTHERLY ANO
HAVING A RADIUS OF' 40.00 FEET; THENCE EASTERl. Y ALONG SAID RE\'!RSE CURVE F'ROM A TANGENT WHICH BEARS N 58'40'25" E, THROUGH AN ANGLE Of 44'40'56", AND ARC DISTANCE Of l l .19 FEET TO A COMPOUND CURVE CONCAVE SOUlHERLY AND HA...,NG A RADIUS OF' 548.18 FEET; THENCE EASTERLY ALONG LAST SAID CURVE F'ROM A TANGENT WHICH BEARS S 76'l8'36" E, THROUGH AN ANGLE OF' 1116'28", AN ARC DISTANCE OF' 107.87 FEET TO A COMPOUND CURVE CONCAVE SOUTHVll£STERL Y AND HA\'INC A
RADIUS OF' 25.00 FEET; THENCE SOUTHEASTERLY ALONG LAST
SAID CURVE FROM TANGENT WHICH BEARS S 65'22'00" E,
THROUGH AN ANGLE Of 3717'09", AN ARC DISTANCE OF' 16.27 FEET TO A REVERSE CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF' 190.00 FEET; THENCE SOUTHEASTERLY ALONG LAST SAID CURVE FROM A TANGENT \'MICH BEARS S
28'05'00" E, THRDIJCH AN ANGLE OF' 15'04'22·, AN ARC
DISTANCE Of 49.98 FEET; THENCE TANGENT S -43'09'22" E,
181.74 FEET TO THE POINT Of BEGINNING.
THERE SHALL et: NO ABUTTER'S RIGHTS Of ACCESS
APPURTENANT TO THE ABOVE-DESCRIBED REAL
PROPERTY IN ANO TO THE ADJACENT STATE FREEWAY. EXCEPTING THEREFROM, ALL OIL, MINERALS, NATURAL GAS, ANO
OTHER HYDROCARBONS BY WHATSOEVER
NAME KNOVIN THAT MAY BE WITHN OR UNDER THE HEREIN
CONVE'YEO PARCEL OF LAND, ANO THE
RIGHTS THERETO, TOGETHER WITH CERTAIN OlHER CONDITIONS.
AS EXCEPTED ANO RESERVED IN DEED (STATE PARCEL 1417),
RECORDED MAY 11, 1955 IN BOOK l062, PACE 441 OF SAID
OFF1CIAL RECORDS.
APN: 057-095-01
THIS DESCRIPTION DESCRIBES ALL THAT REAL PROPERTY
DESCRIBED IN THE TITLE REPORT IOENTIF1ED AS WESTERN RESOURCES TITLE, ORDER NUMBER ll4127 (CH), DATED FEBRUARY 24, 2017.
ESTABLISHMENT NOTES:
@
CD-
-
©-
@-
HELD RECORD ANGLE & DISTANCE PER R1
THE NORTHWESTERLY TERMINUS Of THAT COURSE
IN THE GENERAL SOUTHWESTERLY LINE OF' SEGMENT 16
Of STATE HIGHWAY RELINQUISHMENT NO. 1068,
RECORDED JULY 7, 198l AS DOCUMENT NO. 8J-29142l
OF' OfF'lCIAL RECORDS.
HELD MEASURED BEARING AND DISTANCE PER FOUND
MONUMENTS PER Rl.
HELO RECORD ANGLE PER Rl.
REFERENCE NOTES:
R1 - INDICATES RECORD OATA
PER CALTRANS DIVISION OF' HIGHWAYS
R/W MAP F'-1878-l
INDICATES RECORD CATA
PER TRACT NO. 16501. M.M. 881/39-44
Rl - INDICATES RECORD CATA
PER GRANT OEEO RECORDED SEPTEMBER 21, 2016
AS INSTRUMENT NO. 2016-456112 O.R.
SURVEYOR'S BOUNDARY NOTE:
THERE ARE NO CONFLICTS WITH EXISTING VISIBLE
IMPROVEMENTS ANO THE EXTERIOR BOUNDARY
LINE (DISTINCTIVE 80ROER) OF' THIS MAP AS
ESTABLISHED HEREON.
oEASEMENTS:
TENTATIVE PARCEL MAP NO. 2018-137
IN THE CITY OF SAN CLEMENTE, COUNTY OF ORANGE,
STATE OF CALIFORNIA
THOSE PORTIONS OF LOTS 10 TO 13 INCLUSIVE, OF TRACT N0.898, SAN CLEMENTE, "THE SPANISH VILLAGE:, AS SHOWN ON MAP RECORED IN BOOK 28, PAGES 1 TO 4, INCLUSIVE, OF
MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY 182.41'
'181.1''/n .tRJ,
MONUMENT NOTES:
• - F'DIJNO O.C.S. CPS HORIZONTAL CONTROL STATION MONUMENT PER RECORDS ON F'ILE IN THE omCE OF' THE ORANGE
COUNTY SURVEYOR.
e - F'DIJNO MONUMENT AS NOTED.
II] - F'OUNO 1" IP, NO TAC, DN 0.5' ACCEPTED AS BEING ON CALTRANS RIGHT OF' WAY PER R/W t.lAP F'-1878-l.
[j] - F'OUNO SPK & W "LS 6l79" FWSH. ACCEPTED AS THE CENTERLINE INTERSECTION OF' LA ESPERANZA & AVENIOA PIZARRO PER TRACT NO. 16501 M.M. 881/39-44. F'DIJNO SPK & W "LS 6l79" FLUSH. ACCEPTED AS THE
CENTERLINE INTERSECTION OF' LA ESPERANZA & EL LEVANTE
PER TRACT NO. 18501 M.M. 881/39-44.
O - INDICATES 2" 1.P. TAGGED "LS 9220" TO BE SET, OR 8" GEAR GEAR sPIKE AND WASHER STAMPED "LS 9220• TO BE SET IN
A.C .. OR LEAD, TACK a: TAC STAMPED "LS 9220" TO BE SET IN CONCRETE AND Bl.OCk WALLS, AT ALL PARCEL BOUNDARY
(DISTINCTIVE BORDER) CORNERS. UNLESS OTHERWISE NOTED.
l::,, - INDICATES 1" I.P. TAGGED "LS 9220" TO BE SET, OR SPIKE AND AND WASHER STAMPED "LS 9220" TO BE SET IN A.C., OR LEAD, TACK a: TAC STAMPED "LS 9220" TO BE SET IN CONCRETE AND IN BLOCK WALLS, AT ALL PARCEL CORNERS. UNLESS OTHERMSE
NOTED.
U1 N4JTJ7'55"1t
LZJ
t22
A 5.00' WIDE EASEMENT F'OR STORM DRAIN PURPOSES
F'OR THE BENEflT Of PARCEL 2, OVER PARCEL 1,
AS RESERVED HEREON. tlli'l-E'TI.£« CtMt£j llflfA jffAOOSj "7iiJP" ""'"' @- A 5.00' WIDE EASEMENT FOR STORM DRAIN PURPOSES F'OR THE BENEFIT Of PARCEL l, OVER PARCELS 1 ANO 2, AS RESERVED HEREON.
PROPERTY OWNER:
EDWARD SANCHEZ
12l7E.15THSTREET
LONG BEACH, CA 9081l (562) 284-8482
EDWARD
SUBDl"1DER:
SANCHEZ
LONG
12l7E.15THSTREET
BEACH, CA 9081l
(562) 284-8482
UTILITIES:
SEWER:
WATER: CITY OF' SAN CLEMENTE
CITY OF' SAN CLEMENTE
TELEPHONE
GAS,
ELECTRIC:
:
=·
SAN DIEGO GAS & ELECTRIC SOUTHERN CAUF'ORNIA GAS COMPANY COX CABLE SCOPE OF WORK:
SUBDIVISION OF' EXISTING PARCEL IN TO THREE NEW
PARCELS FOR f\JTURE SALE/DEVELOPMENT. EXISTING SITE IS A DEVELOPED SINGLE F'AMILY RESIDENCE, DEVELOPED UNDER PREVIDIJS ENTITLEMENT NO
APPROVAL
CHANGES TO EXISTING SITE ARE PROPOSED.
OCS CPS f4lJ1R1
E: lt210l187.67
8144889.22
F'NO SPI( & W STAMPED "Ls -wi5l"
F\.USH, AT -.,SlJAL CL INTERSECTION
A..a-llOA OE LA ESTRELL ANO
MAROUITA PER PM 2013-121!. PMB
l80/45-50
Cl IJZ59'45"j]ll00'
ct l+f'40'56"l~oo·
25.00'
zs.oo'
"'-'K
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Cl I 15V4'22" j190.(Xf
C8 2:16'24" SlS.18'
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!!2i
Attachment 2
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SURVEYOR'S STATEMENT
IH£Rf/JYSrA1E: IHAr rws TENrAm£ WP -.S(ffll4fll)8Yllf(R INJOlllYOIRCCfKM NIJ IS BASED tt>CN 1'Rfl1W:51.Y Aff'li'O~ lllV/'AllJ/E PARCCJ. ltlAP 201/HJl, Aff'li'OlfV C(MlfY(FllliW+'Q;
BYQfYCFSNtaEJIENTf.Nl)Fl#Al.fMP20IIJ-IJlsteSTNt11MlYN'FROlfZIBY N~ #TH 1'£lifiJUl1El/91SC£ TIE:stml6CWMAP
ACTANOLQCALCROIHANCCAr11£RCOfJCSTC£EDSNIQ£L
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E:61474-91.65 N:21029-lJ.28
sPK It W STAI.IPED "LS 5411"
FLUSH. IN THE CUL-OE-SAC AT
SE'LVENDOF'CAI.LEBALBOA.
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1110812024 TENTATIVE PARCEL MAP 2018-137 PLUMPENGINEERING,INC. 143 N LA ESPERNIZA, SAN CLEMENTE, CA 92672 CONSULTING ENGINEERS IN STRUCTURAL, REVISIONS:
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TENTATIVE PARCEL MAP NO. 2018-137
IN THE CITY OF SAN CLEMENTE, COUNTY OF ORANGE,
STATE OF CALIFORNIA
THOSE PORTIONS OF LOTS 10 TO 13 INCLUSIVE, OF TRACT NO.898, SAN CLEMENTE, "THE SPANISH VILLAGE:, AS SHOWN ON MAP RECORED IN BOOK 28, PAGES 1 TO 4, INCLUSIVE, OF
MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY
LOT DIMENSIONS AND FRONTAGE
PARCEL2
73.05'
LOT
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143 N LA ESPERANZA, SAN CLEMENTE, CA 92672
A.P.N, 057-095--01
PREPARED FOR: EDWARD M SANCHEZ
PLUMP ENGINEERING, INC. CONSULTING ENGINEERS IN STRUCTURAL, MECHANICAL, PLUMBING, El.£.CTRICAL,
CIVIL, SURVEYING, AND ARCHITECTURAL 914 E. KATI'.I.Ll AVENUE ANAHEIM, CAUFOltNIA 9Zlll'l
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TENTATIVE PARCEL MAP NO. 2018-137
IN THE CITY OF SAN CLEMENTE, COUNTY OF ORANGE,
STATE OF CALIFORNIA
THOSE PORTIONS OF LOTS 10 TO 13 INCLUSIVE, OF TRACT NO.898, SAN CLEMENTE, "THE SPANISH VILLAGE:, AS SHOWN ON MAP RECORED IN BOOK 28, PAGES 1 TO 4, INCLUSIVE, OF
MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY PO
TEN
TIAL FUTURE DEVELOPMENT
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21 (
CITY OF SAN CLEMENTE
City Council Minutes
Attachment 3
9-18-18 / 6A(l)
Regular City Council Meeting - August 21, 2018
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 on August 21, 2018 at 4:35 p.m. In the Council Chambers, located at 100 Avenlda Presidio, San Clemente, California, by Mayor Brown.
PRESENT
ABSENT
DONCHAK, HAMM, WARD, MAYOR BROWN
SWARTZ
STAFF PRESENT James Makshanoff, City Manager; Scott Smith, City Attorney; Joanne Baade, City Clerk; Laura Campagnolo, Deputy City Clerk ***
CLOSED SESSION
MOTION BY COUNCILMEMBER DONCHAK, SECOND BY COUNCILMEMBER WARD, CARRIED 4-0, to recess to Closed Session at 4:35 p.m. to discuss the following:
A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Existing litigation pursuant to Government Code section 54956.9(d)(1) Number of Cases: 7
Case Name: City of San Clemente v. Foothill/Eastern Transportation Corridor Agency and County of Orange
Case Number: OCSC 30-2017-00934 703-CU-PT-CXC
Case Name: City of San Clemente v. Foothill/Eastern Transportation Corridor Agency
Case Number: OCSC 30-2018-01000331-CU-WM-CJC
Case Name: City of San Clemente, et al. v. Dual Diagnosis Treatment Center, Inc., et al.
Case Number: OCSC 30-2017-00954552-CU-BC-CJC
Closed Session items continued on next page
9-18-18 / 6A(1)-1
22 City Council Minutes -Adjourned Regular Meeting of August 21, 2018 Page 12 Payroll Register
MOTION BY MAYOR BROWN, SECOND BY MAYOR PRO TEM HAMM,
CARRIED 4-0 (COUNCILMEMBER SWARTZ ABSENT), to approve the following:
Warrant Nos. 683 through 685 and
Automatic Deposit Advises 49663 through
50005, for the period 7-2-18 through 7-15-18,
paid on 7-20-18, in the amount of. ................................. $ 532,611.92 Warrant Nos. 686 through 687 and
Automatic Deposit Advises 50006 through
50345, for the period 7-16-18 through 7-29-18,
paid on 8-3-18, in the amount of .................................... $ 519,969.04 TOTAL PAYROLL REGISTER ............ $1,052,580.96
H. Payment Authorization - Maintenance and Support Renewal for Superlon Trakit Software
Following clarification, MOTION BY MAYOR BROWN, SECOND BY MAYOR PRO TEM HAMM, CARRIED 4-0 (COUNCILMEMBER SWARTZ
ABSENT), to authorize payment to Superion LLC, for the purchase of annual software maintenance and technical support for Trakit permitting and licensing software, in the amount of $33,871.
7. PUBLIC HEARINGS
A 100 N. Avenida Esperanza - Tentative Parcel Map 2018-137 (Esperanza .
Subdivision}
Public Hearing to consider the subdivision of a single-family residential lot into three lots. No development is proposed in conjunction with the subdivision. The site Is · located within the Residential Low Density Zone (RL) at 100 North Avenida Esperanza, adjacent to lnterstate-5 at the north end of North Avenida Esperanza.
Associate Planner Wright narrated a PowerPolnt entitled "Esperanza Subdivision" and responded to Council inquiries. A hard copy of Mr. Wright's PowerPoint is on file with the City Clerk.
Mayor Brown opened the Public Hearing. •
9-18-18 / 6A(1)-12
23 (
(
(
City Council Minutes - Adjourned Regular Meeting of August 21, 2018 Page 13 Cheryl Baldridge, San Clemente, stated that the proposed northernMmost lot is very steep and should be subject to environmental review; voiced concern that parking in the neighborhood is congested and that the proposed project • will compound the problem; voiced concern that the project will obstruct her ocean view.
Stephen Baldridge, San Clemente, questioned the accuracy of the 19.9% grade that has been attributed to the northern lot, since 20% grade would require environmental review. •
Rod Davis, San Clemente, stated that the proposed lots are smaller than the approximately 9,000+ sq. ft. lot sizes of neighboring properties; voiced concern that the project will devalue homes in the area; suggested a compromise whereby the· lot would be subdivided into two lots instead of three.
There being no others desiring to speak to this issue, the Public Hearing was closed.
Following discussion, MOTION BY MAYOR PRO TEM HAMM, SECOND BY COUNCILMEMBER WARD, CARRIED 4-0 (COUNCILMEMBER
SWARTZ ABSENT), to adopt Resolution No. 18M49 entitled A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
CLEMENTE, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP
2018-137 (PLN 16-436), ESPERANZA SUBDIVISION, TO ALLOW THE
SUBDIVISION OF A SINGLE-FAMILY RESIDENTIAL PARCEL INTO
THREE LOTS LOCATED AT 100 NORTH AVENIDA ESPERANZA.
MEETING RECESSED
Council recessed at 8:00 p.m. and reconvened at 8:12 p.m., with all Councilmembers present, with the exception of Councilmember Swartz.
9-18-18 / 6A(1 )-13
24 City Council Minutes - Adjourned Regular Meeting of August 21, 2018 Page 20 9/11 Heroes Run
Mayor Brown reported on the 9/11 Heroes Run, a 5K run that will take place on September 9, 2018 at 8:00 a.m. from the San Clemente Pier.
New Care Ambulances
Mayor Pro Tern Hamm reported that Care Ambulance delivered new ambulances to the City.
Holy Fire - Response
Mayor Brown commended the OCFA, CalFire, and the federal government in its response to the Holy Fire.
12. RESOLUTIONS/ORDINANCES
A. Ordinance No. 1658 (Second Reading) - Vested Rights
MOTION BY COUNCILMEMBER DONCHAK, SECOND BY MAYOR PRO
TEM HAMM, CARRIED 4-0 (COUNCILMEMBER SWARTZ ABSENT}, to adopt Ordinance No. 1658 entitled AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, TO
APPROVE ZONING AMENDMENT ZA 18-209 TO AMEND SAN
CLEMENTE MUNICIPAL CODE TITLE 17, ZONING, CHAPTER 17.04, ADMINISTRATION, SECTION 17.04.030, APPLICABILITY, RELATING TO THE TIMING OF VESTED RIGHTS.
13. ADJOURNMENT
MOTION BY COUNCILMEMBER DONCHAK, SECOND BY MAYOR PRO TEM HAMM, CARRIED 4-0 (COUNCILMEMBER SWARTZ ABSENT), to adjourn at 10:05 p.m.
The next Regular Council Meeting will be held on Tuesday, September 4, 2018 in the Council Chambers, located at 100 Avenida Presidio, San Clemente, California.
Closed Session items will be considered at 5:00 p.m. The Regular Business Meeting will commence at 6:00 p.m.
MAYOR of the City of
San Clemente, California
ITY CLERK of the City of
San Clemente, California
9-18-18 I 6A(1)-20
25 CALL TO ORDER
MINUTES OF THE REGULAR MEETING
OF THE CITY OF SAN CLEMENTE
PLANNING COMMISSION
February 5, 2025 @ 6:00 p.m.
San Clemente City Hall Council Chamber
910 Calle Negocio, San Clemente, CA 92673
Teleconference via www.san-clemente.org
Attachment 4
Chair Cosgrove called the Regular Meeting of the Planning Commission of the City of San Clemente to order at 6:02 p.m. The meeting was offered in person at San Clemente City Hall Council Chambers, 910 Calle Negocio, San Clemente, California, 92673, and also via live stream from the City's YouTube Channel.
2. PLEDGE OF ALLEGIANCE
Charlie Culbertson, a resident fourth grade student, led the Pledge of Allegiance.
3. ROLLCALL
Commissioners Present Chair Cameron Cosgrove; Chair Pro Tern M. Steven Camp; Vice Chair Gary P. Mccaughan, M.D; Barton Crandell; Brenton Davis and Karen Prescott-Loeffler
Commissioners Absent: None
Staff Present: Zach Rehm, Principal Planner
David Carrillo, Associate Planner
Araceli Mejia, Assistant Planner
Gena Burns, Deputy City Attorney
Tamara Tatich, Recording Secretary
These minutes reflect the order in which items appeared on the meeting agenda and do not necessarily reflect the order in which items were actually considered.
4. SPECIAL ORDER OF BUSINESS/SPECIAL PRESENTATION
None.
5. MINUTES
A. Receive and file Minutes from Regular Study Session of the Planning Commission of November 20. 2024.
26 Minutes of Regular Planning Commission Meeting of February 5, 2025 Page 2
IT WAS MOVED BY COMMISSIONER CRANDELL, SECONDED BY COMMISSIONER MCCAUGHAN, AND CARRIED 6-0, COMMISSIONER PRESCOTT-LOEFFER
ABSTAINED, TO RECEIVE AND FILE THE MINUTES FROM THE REGULAR STUDY SESSION OF NOVEMBER 20, 2024.
B. Receive and file Minutes from Planning Commission Regular Meeting of December 18, 2024.
IT WAS MOVED BY CHAIR COSGROVE, SECONDED BY COMMISSIONER CRANDELL, AND CARRIED 6-0, COMMISSIONER MCCAUGHAN ABSTAINED, TO RECEIVE AND
FILE THE MINUTES FROM THE PLANNING COMMISSION REGULAR MEETING OF DECEMBER 18, 2024.
C. Receive and file Minutes from Regular Study Session of the Planning Commission of December 18, 2024.
IT WAS MOVED BY COMMISSIONER MCKHANN, SECONDED BY COMMISSIONER PRESCOTT-LOEFFLER, AND CARRIED 6-0, COMMISSIONER MCCAUGHAN
ABSTAINED, TO RECEIVE AND FILE THE MINUTES FROM THE PLANNING COMMISSION REGULAR MEETING OF DECEMBER 18, 2024.
6. ORAL AND WRITTEN COMMUNICATION
None.
7. CONSENT CALENDAR
None.
8. PUBLIC HEARING
A. Public Hearing Project (PHP) 24-346, 143 N. La Esperanza Subdivision A request for the Planning Commission to approve a Tentative Parcel Map (TPM) 18-137 for the subdivision of a single-family residential lot into three lots, located at 143 N. La Esperanza.
The Planning Commission will also consider whether the project is Categorically Exempt from the requirements of the CEQA pursuant to CEQA Guidelines §15315 (Class 15: Minor Land Divisions).
Commissioner McKhann advised that he was within the 300' radius of the property, and recused himself at 6:07 p.m.
27 Minutes of Regular Planning Commission Meeting of February 5, 2025 Page3 Assistant Planner Araceli Mejia presented a PowerPoint entitled: "Esperanza Subdivision, PHP24-346, TMP18-137 ." A copy of the presentation is on file in the Planning Division.
Chair Cosgrove opened the public hearing.
Commissioner Crandell explained he was a Planning Commissioner when the Tentative Parcel map was previously approved in 2018. Staff added that the permit became void after twenty-four months due to failure to record the final map, and that minor adjustments have been made in the parcel sizes from the 2018 version due to the existing home that occupies one of the three parcels. The project consists of three parcels: 6,074 sq. ft., 6,144 sq. ft., and 9,314 sq. ft; and no new development is proposed at this time. Future construction will require a development permit. Staff presented an amendment to Condition of Approval 1.2 that read:
1.2 The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City of San Clemente and its officers, employees, and agents from and against any claim, action, proceeding, fines, damages, expenses, and attorneys' fees, against the City, its officers, employees, or agents to attack, set aside, void, or annul any approval or condition of approval of the City concerning this project, including but not limited to any approval or condition of approval of the City Council, Planning Commission, or City Planner, Zoning Administrator, or City employees or environmental finding.
Applicant shall pay all costs upon request by the City. The City shall promptly notify the applicant of any claim, action, or proceeding concerning the project and the City shall cooperate fully in the defense of the matter at the applicant's expense. The City reserves the right, at its own option, to choose its own attorney to represent the City, its officers, employees, and agents in the defense of the matter at the applicant's cost. If the applicant fails to so defend the matter, the City shall have the right, at its own option, to do so and, if it does, the applicant shall promptly pay the City's full cost of the defense.
Chair Cosgrove asked if there were any questions for Adam Alcaraz, who was attending on behalf of the owner Edward Sanchez. There being no public comments, or questions of staff or the applic.ant, Chair Cosgrove closed the public hearing.
IT WAS MOVED BY COMMISSIONER CRANDELL, SECONDED BY COMMISSIONER DAVIS, AND CARRIED 6-0-1, COMMISSIONER MCKHANN ABSTAINED DUE TO A
CONFLICT OF INTEREST, TO DETERINE THE PROJECT IS CATEGORICALLY EXEMPT FROM CEQA PURSUANT TO CEQA GUIDELINES §15; AND TO RECOMMEND THAT THE CITY COUNCIL APPROVE PHP24-346, TENTATIVE PARCEL MAP 18-137, SUBJECT TO THE AMENDED CONDITIONS OF APPROVAL.
Commissioner McKhann returned to the meeting at 6:18 p.m. 28 Minutes of Regular Planning Commission Meeting of February 5, 2025 Page 4 A. Public Hearing Project CPHP) 24-564. Salty Turf Mini Golf, 987 Avenida Vista Hermosa
A request for the Planning Commission to consider Development Permit 24-590 and Conditional Use Permit 24-591 for the development of a miniature golf course facility on vacant open space-zoned land within the Vista Hermosa Sports Park located at 987 Avenida Vista Hermosa.
The Planning Commission will also consider whether the project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines §15301 (Class 1: Existing Facilities), §15303 (Class 3: New Construction or Conversion of Small Structures), and/or that no supplemental review under CEQA is necessary (14 CCR 15162 and 15164).
Associate Planner David Carrillo presented a PowerPoint entitled: "Salty Turf Mini Golf, PHP24-564." A copy of the presentation is on file in the Planning Division.
The Commission raised concerns about parking availability and the walking distance during sporting events. Staff reviewed the parking analysis that was presented:
• The project requires 86 parking spaces.
• There are 111 parking spots available in the sports park designated for this area.
• The entire sports park has a total of 7 42 parking spaces. • After accounting for the project's needs, there remains a surplus of 25 parking spaces.
Principal Planner Rehm explained that the original parking study anticipated shared parking among different facilities within the sports park, and that it was understood that users might need to park further away and walk during peak times. Principal Planner Rehm also stated that there was priority given to ADA parking spaces near the facility, and that the applicant has revised the ADA striping plan to ensure sufficient accessible parking for users with disabilities.
Commissioners and staff discussed future amenities and uses within the park's master plan.
Concern was raised by the Commission for energy consumption due to increasing the usage of lighting to accommodate the project's hours of operation. Staff advised that the parking lot is lit seven days a week for safety, and that the sports fields are typically illuminated until about 10:00 p.m. when the park closes. The concern about extra energy use will be noted for further review to ensure responsible consumption.
29 Minutes of Regular Planning Commission Meeting of February 5, 2025 Page 5 Commissioners expressed appreciation for the thoroughness of the presentation and the consideration of community impact. Staff reiterated their commitment to accommodating the needs of various stakeholders while adhering to city guidelines and sustainability practices.
The Commissioners and staff discussed the seating location, wrought iron accents, and landscaping highlighting the use of palm trees. The Design Review Subcommittee (DRSC) had made recommendations to remove the palm trees in front of the building in favor of layered landscaping that grows four to five feet, enhancing the pedestrian experience.
The Commissioners asked about the type of events being considered, especially regarding amplified sound, and staff reviewed the Conditions of Approval sections that stipulated the events are subject to conditions in the lease agreement and exterior noise must comply with city noise ordinance.
Michael Luna, architect for the applicant, introduced the team members: Marcus Vannaman (applicant), Kendra Dand, Jeff Moore, Andrew Streett, and Aaron Sevilla (landscape architect). Mr. Luna summarized the project concept as two 18-hole courses: a "Pro Course" (challenging professional golf courses); and a "Fantasy Course" (features landmarks like the San Clemente Pier, beach and Camp Pendleton). The proposed clubhouse is a one-story Spanish Colonial Revival Clubhouse featuring a pro shop, kitchen, office, restrooms, storage and outdoor dining. The food concession stand serves both golf patrons and park visitors which addresses a current lack of on-site food facilities at the sports park.
The concession . also enhances safety by eliminating the need -for visitors, especially children, to cross Vista Hermosa for amenities.
Mr. Luna stated that the landscaping plan "inclusive of palm trees is consistent with the park's landscaping theme and p!anting pallet that consists of droughttolerant plants, both native & non-native. A new bulb-out has been added to the plan in response to the Design Review Subcommittee's recommendation, along with many changes to the design that are reflected in the presentation and staff report.
Mr. Luna addressed the concern with the parking distance by comparing the walk to that of a football field or walking to the beach when parked at Linda Lane Park, or parking at Bonita Canyon Park to walk to the baseball field. Mr. Luna introduced Marcus Vannaman who described the concept, who then introduced Kendra Dand. Ms. Dand presented vision boards with coastal and community icons, brand elements, pro-shop, and dining area.
Commissioners asked the applicant's team design questions about the changes to the project made in response to DRSC and OFA comments. Mr. Luna gave an overview of the project's evolution from the beginning to what is being presented that highlighted the modifications made throughout the process. 30 Minutes of Regular Planning Commission Meeting of February 5, 2025 Chair Cosgrove opened the public hearing.
Public Comments:
Kevin Dand: Resident, expressed support of the project in that it will be a great addition to the community and create jobs.
Dr. Brad Baker: 40-year resident, parent of two children and Principal at San Clemente High School expressed support of the project in that it will be a good family activity that encourages a social dynamic without electronic devices.
Chris Culbertson: Resident and President of San Clemente Little League expressed his support citing that there are not enough.venues in town for families and that he goes to neighboring cities for family activities. Mr. Culbertson addressed the Commissioners' light and energy usage concerns stating the San Clemente Little League pays between $50,000 to $75,000 per spring season to pay for the lights to remain on until 10:00 p.m., and that all the sports revenue for field rentals pays for lights, utilities and other services in the park, and that the parking lot lights remain on for safety reasons.
Michelle Brooks: Resident, expressed her support in that it will give an activity for all ages.
Nick Sass: Resident and parent stated that his family is excited to have a fun activity in town.
The Commission asked if there is enough parking to accommodate e-bikes. Mr.
Luna stated that bike racks are a code requirement and that they installed two racks instead of the required one rack that can accommodate both e-bikes and bicycles.
The Commission thanked the applicant for incorporating the recommended revisions into the project during the review process, and thanked Mr. Culbertson for his commitment to the San Clemente Little League and for attending to share his perspective on the project.
Chair Cosgrove closed the public hearing.
The Commissioners suggested that the Beaches, Parks and Recreation Department match the furniture being used at the project around the bathrooms across the street for a consistent look and feel.
A Commissioner suggested using a different area of the park for the mini golf development. Others noted that the applicants are proposing the use where the park master plan identified a private recreation use and that relocating would disrupt other existing uses, such as the football field. 31 Minutes of Regular Planning Commission Meeting of February 5, 2025 Page 7 Chair Cosgrove reopened the public hearing so that applicant could address the pedestrian access questions raised by the Commission. Mr. Luna recalled that the park is a master plan, that the site selection for this project is the same use that was decided upon at the conception of the park's development, and pointed out the pedestrian access points. Having no further questions of the applicants, Chair Cosgrove closed the public hearing.
Associate Planner Carrillo advised the Commission of a Condition of Approval modification requested by the applicant for Condition 7 .15. The original Condition did not identify the parking issues deriving from Salty Turf specifically. The modification is supported by staff and now reads:
If subsequent to the project approval the City Planner determines that parking issues deriving from the miniature golf course facility are negatively affecting the sports park, adjacent properties, or the surrounding street network, the applicant shall submit an amendment to Development Permit 24-590 and Conditional Use Permit 24-591 with a plan or memorandum prepared by a qualified traffic engineer to address the parking and/or traffic issues. The plan or memorandum may include recommendations, such as, but not limited to, entering into an off-site parking agreement, creating short-term parking stalls, and/or active monitoring and enforcement to manage parking. The applicant shall be responsible for implementing the recommendations contained in the memorandum and/or parking management plan, at their expense. The amendment shall be subject to Planning Commission review and approval.
IT WAS MOVED BY CHAIR COSGROVE, SECONDED BY COMMISSIONER MCKHANN, AND CARRIED 7-0, TO DETERINETHEPROJECT IS CATEGORICALLY EXEMPT FROM CEQA PURSUANT TO CEQA GUIDELINES §15301 AND §15303; AND TO APPROVE PHP24-564 FOR A DEVELOPMENT PERMIT 24-590 AND CONDITIONAL USE PERMIT 24-591 FOR THE SAL TY TURF MINI GOLF, SUBJECT TO THE AMENDED CONDITIONS OF APPROVAL.
9. NEW BUSINESS
None.
10. OLD BUSINESS
None.
11. REPORTS OF COMMISSIONERS AND STAFF
A. Tentative Future Agenda
B. Administrative Development Permit Report
32 Minutes of Regular Planning Commission Meeting of February 5, 2025 Page8
12. ADJOURNMENT
THERE BEING NO OTHER BUSINESS BEFORE THE COMMISSION, IT WAS
MOVED BY CHAIR COSGROVE, SECONDED BY VICE CHAIR CAMP, AND CARRIED 7-0, TO ADJOURN THE MEETING AT 7:50 P.M. TO THE REGULAR PLANNING COMMISSION MEETING TO BE HELD IN-PERSON ON JANUARY 19, 2025, AT 6:00 P.M., AT THE SAN CLEMENTE CITY HALL COUNCIL CHAMBERS LOCATED AT 910 CALLE NEGOCIO, 2nd FLOOR, SAN CLEMENTE, CALIFORNIA.
Respectfully submitted,
~-fY\
Attest:
Zach
~ Rehm, Secretary of the Planning Commission
AGENDA ITEM: 8-B
STAFF REPORT
SAN CLEMENTE PLANNING COMMISSION
Date: February 05, 2025
PLANNER: Araceli Mejia, Assistant Planner
SUBJECT: Public Hearing Project (PHP) 24-346: Tentative Parcel Map 2018-137, 143 N. La Esperanza Subdivision, a request to consider the subdivision of a single-family residential lot into three lots.
The Planning Commission will also consider whether the project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines §15315 (Class 15: Minor Land Divisions).
LOCATION: 143 North La Esperanza, APN: 057-095-01
ZONING/ GENERAL PLAN: Residential Low
REQUIRED FINDINGS
The following findings shall be made to approve the proposed project. The draft Resolution (Attachment 1) and analysis section of this report provide an assessment of Tentative Parcel Map (TPM), SCMC 16.08.060 (C), to allow the subdivision of property into four or fewer parcels
a. The site is physically suitable for this type of development. b. The site is physically suitable for the proposed density of the development. c. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably insure fish or wildlife or their habitat.
d. The design of the subdivision or the type of improvements is not likely to cause serious public health problems.
e. The subdivision, with its provisions for any design and improvements, is consistent with the General Plan and any applicable specific plan. f. The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or sue of property within the proposed subdivision.
33 Attachment 5
the project's compliance with these findings.
143 N. La Esperanza Subdivision Page 2
BACKGROUND
The site is a 21, 536 square foot lot within the Residential Low Density (RL) zoning district.
The rear of the property is adjacent to Interstate-5 (1-5) to the west and south. The site is adjacent to single-family residences. To the north, and vacant single-family residential lots to the east. The site slopes down from the street to I-5 Right-of-Way. There is a 14- foot-high block wall along the rear property line to absorb I-5 traffic noise. Figure 1 is an aerial photograph of the site. Applicant Justin Richmond, requests to subdivide the site into three parcels for sale. Municipal Code Section 16.04.015(H)(1) requires City Council subdivision as an advisory body and forward a recommendation to the City Council. This site had been approved for a tentative parcel map on August 21, 2018, when the San Clemente City Council passed and adopted Resolution No. 18-49 to approve Tentative Parcel Map 2018-137 for 143 N. La Esperanza; however, the approval was considered null and void after 24 months given that no final parcel map was recorded.
Figure 1: Aerial View of Project Site
Development Management Team Meeting
The City's Development Management Team (DMT) reviewed the project and recommends approval with conditions included in Attachment 1, Exhibit A. 34 approval of land subdivisions. The Planning Commission's role is to review the proposed 143 N. La Esperanza Subdivision Page 3
Noticing
Public notices were distributed and posted per City and State requirements. Staff has not received any public comments on this item to-date.
PROJECT DESCRIPTION
The Tentative Parcel Map is a request to subdivide the site into three single-family residential lots that are 6,074 square feet, 6,144 square feet, and 9,318 square feet. The subdivision is shown in Figure 2 below. Development plans are not proposed in conjunction with the subdivision so a Development Permit is not required. The subdivision would allow future development of a single-family residence on each lot with the approval of building and grading permits.
Figure 2: Tentative Parcel Map 2018-18, lot dimensions
PROJECT ANALYSIS
The parcel map complies with the subdivision standards for minimum lot size, minimum street frontage, minimum lot width, and maximum density. The project site may be developed in accordance with Zoning Ordinance standards without the need for variances or exceptions based on staff review of preliminary grading plans and conceptual development plans. In the future development of the proposed lots will be reviewed through the permitting process to ensure residences comply with zoning requirements for building setbacks, maximum height, lot coverage, parking and other criteria. 35 PARCEL 2
73.05'
LOT FRONTAGE
SAN DIEGO FREEWAY
143 N. La Esperanza Subdivision Page 4
The project scope of work only includes the subdivision of land and not the any development of the land. At the time of development of any of the future vacant parcels, the buyer/owner will need to apply for a Development Permit pursuant to SCMC
17.16.100, Table 17.16.100 Review Process for Development Permit, developments on new parcels created from a subdivision of a property.
Development Standards
The project meets development standards for Residential Low (RL) zone and other requirements, as shown in Table 1.
Table 1 Development Standards
Development
Standard Proposed
Complies
with
standards
Lot area, minimum 6,000 sq ft Lot 1: 6,074 sq ft
Lot 2: 6,144 sq ft
Lot 3: 9,318 sq ft
Yes
Yes
Yes
Lot frontage, 60 ft Lot 1: 129.98 ft
Lot 2: 73.05 ft
Lot 3: 237.91 ft
Yes
Yes
Yes
Lot width, minimum 60 ft Lot 1: 99.63 ft
Lot 2: 68.92 ft
Lot 3: 226.10 ft
Yes
Yes
Yes
Density, maximum 7.0 dwelling units/
net acre
1 unit/ lot at 6
units per net acre
Yes
Maximum number of units 1 dwelling unit/ lot 1 dwelling unit/ lot Yes Tentative Parcel Map
The subdivision meets required findings for Tentative Parcel Map approval. The tentative parcel map includes all the required contents according to SCMC 16.08.030 in order for the Development Management Team to properly review the project. While no development is proposed with this request, in the future the site may only be developed with single-family residences with a Development Permit application approved by the Planning Commission. The applicant of Tentative Parcel Map 2018-137 is not required to apply for a Development Permit at this time because the plans for new builds are only conceptual to show that the lots are buildable. Utilities and public services are available to serve the proposed parcels. Access to the sites can be provided in compliance with the City Standards. Easements are proposed at the rear of the site 36 's Engineering Technical
143 N. La Esperanza Subdivision Page 5
to ensure adequate access and space for drainage to the Interstate-5 sound wall. The future development of the subdivision will not restrict access to the easements.
GENERAL PLAN CONSISTENCY
The proposed subdivision is consistent with the Centennial General Plan. The project is limited to subdividing a property into three lots for future development of three singlefamily residences in the Residential Low Density (RL) land use designation. The intended use of RL designation is single-family residential, and proposed subdivision is consistent with this intent. The applicant has demonstrated that the sites can be developed in a manner consistent with all applicable provisions of the Municipal Code. Compliance with city standards will be verified before grading or construction commences.
Table 3 summarizes how the proposed use is consistent with applicable General Plan policies.
ENVIRONMENTAL REVIEW/COMPLIANCE (CEQA)
The Planning Division completed an initial environmental assessment of the project per the California Environmental Quality Act (CEQA). Staff recommends the Planning Commission determine the project is Categorically Exempt from CEQA pursuant to CEQA Guidelines Section 15 (Class 15: Minor Land Divisions) because the subdivision involves four or fewer parcels in an urbanized residential zoned area that: 1) conforms to the General Plan and zoning; 2) can be developed without variances or exceptions; 3) no subdivisions have occurred on the site within the previous two years; 4) the parcel has an average slope less than 20 percent; and 5) no CEQA exceptions apply.
The subdivision does not create new significant environmental impacts, change the significance of previously studied impacts, or result in need to add or change mitigation measures, beyond the impact analysis and mitigation in the certified Final Environmental Impact Report (FEIR) for the General Plan. Additionally, the subdivision does not have significant impacts specific to the site and surrounding area.
ALTERNATIVES;
The Planning Commission may take any of the following actions:
1. The Planning Commission can concur with staff and recommend City Council approval of the proposed project.
This is the recommended action. This action would result in the adoption of the attached Resolution PC25-002, forwarding a recommendation to the City Council to approve the project per required findings and Conditions of Approval. The Planning Commission can take this action if it determines the request meets all required findings shown in Attachment 1.
37 143 N. La Esperanza Subdivision Page 6
2. The Planning Commission, at its discretion, may recommend the City Council approval.
This action would result in any modifications to the project or Conditions of Approval and forwarding a recommendation to the City Council to approve the project. This could involve changes to the conditions of approval identified in Attachment 1, Exhibit A.
3. The Planning Commission can recommend that the City Council deny the proposed project.
This action would result in forwarding a recommendation to the City Council to deny the project, requiring this item to be continued so staff can draft a new resolution. To take this action, the Planning Commission should cite reasons for not being able to meet required findings.
These actions may be appealed by the application to the City Council within ten days of the decision pursuant to San Clemente Municipal Code § 17.12.140 or be called up by the City Council for review and action.
RECOMMENDATION
Staff recommends that the Planning Commission:
1. Determine the project is Categorically Exempt from the requirements of the CEQA pursuant to CEQA Guidelines Section 15 (Class 15: Minor Land Divisions); and
2. Adopt Resolution PC 25-002, recommending that the City Council approve PHP24-346, Tentative Parcel Map 18-137, subject to attached conditions of approval.
Attachments:
1. Resolution No. PC 25-002
Exhibit A - Conditions of Approval
Exhibit B - Tentative Parcel Map 18-137
2. Minutes from City Council Meeting of August 21, 2018 approving a similar application, which has since expired.
38 approve the proposed project with changes to the project's design or conditions of 39 RESOLUTION NO. PC 25-002
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF SAN CLEMENTE, CALIFORNIA, RECOMMENDING
THE CITY COUNCIL APPROVE TENTATIVE PARCEL MAP
2018-137, ESPERANZA SUBDIVISION, A REQUEST TO
CONSIDER THE SUBDIVISION OF A SINGLE-FAMILY
RESIDENTIAL LOT INTO THREE LOTS LOCATED AT 143
NORTH LA ESPERANZA
WHEREAS, on August 21, 2018, the San Clemente City Council passed and adopted Resolution No. 18-49 to approve Tentative Parcel Map 2018-137 for 143 N. La Esperanza; however, the approval was considered null and void after 24 months given that no final parcel map was recorded.
WHEREAS, on September 19, 2024 an application was submitted by Richard Frei 914 East Katella Avenue, Anaheim, CA 92805, and deemed complete on January 10, 2025, for Tentative Parcel Map 2018-137 (PHP24-346); a request to subdivide one single-family residential lot into three lots. The project site is 143 North La Esperanza, adjacent to I nterstate-5 at the north end of North La Esperanza, and within the Residential Low-Density Zone (RL). The site's legal description is Portion of Lots 10-13, Tract 898, and Assessor's Parcel Number057-095-01; and
WHEREAS, the Planning Division has completed an initial environmental assessment of the above matter in accordance with the California Environmental Quality Act (CEQA) and recommends that the Planning Commission determine the project is Categorically Exempt from pursuant to State CEQA Guidelines Section 15315 (Class 15:
Minor Land Division). This is recommended because the project falls within the minor land division exemption for subdivisions of four or fewer parcels; and WHEREAS, the City's Development Management Team (DMT) reviewed the proposed project and determined it complies with the General Plan, Zoning Ordinance, and other applicable City ordinances and codes including the requirements for parcel maps identified in SCMC 16.08.030. The DMT supports this project as conditioned in Exhibit A of this Resolution; and
WHEREAS, on February 05, 2025, the Planning Commission of the City of San Clemente held a duly noticed public hearing on the subject application, considered written and oral comments, and facts and evidence presented by the applicant, City staff, and other interested parties.
NOW, THEREFORE, The Planning Commission of the City of San Clemente does hereby resolve as follows:
40 Resolution No. PC 25-002 Page 2
Section 1. Incorporation of Recitals.
The Planning Commission hereby finds that all of the facts in the Recitals are true and correct and are incorporated and adopted as findings of the Planning Commission as fully set forth in this resolution.
Section 2. CEQA Findings.
Based upon its review of the entire record, including the Staff Report, any public comments or testimony presented to the Planning Commission, and the facts outlined below, the Planning Commission hereby finds and determines that the proposed project is categorically exempt from CEQA pursuant to State CEQA Guidelines Section 15315 (Class 15: Minor Land Divisions), based on the analysis and findings attached in Exhibit B, and summarized below:
The Class 15 exemption specifically exempts the division of property in urbanized areas zoned for residential, commercial, or industrial use into four or fewer parcels when the division is in conformance with the General Plan and zoning; no variances or exceptions are required; all services and access to the proposed parcels to local standards are available; the parcel was not involved in a division of a larger parcel within the previous 2 years_; and the parcel does not have an average slope greater than 20 percent. This project is a subdivision of one residential lot into three parcels in an urbanized area. The division conforms to the General Plan land use designation and zoning, and no variances or exceptions are required to develop the property based on the conceptual plans attached to the staff report. The parcel has an average slope of 19.9 percent, below Class 15 exemption threshold. Thus, the project qualifies for the Class 15 exemption.
Furthermore, none of the exceptions to the use of the Class 15 categorical exemption identified in State CEQA Guidelines Section 15300.2 apply, as detailed in Exhibit B of this Resolution. Thus, the Class 15 exemption applies, and no further environmental review is required.
Section 3. Tentative Parcel Map Findings (TPM) 2018-137, the Planning Commission finds as follows:
A. The site is physically suitable for the type of development, in that:
1. The applicant has demonstrated that three lots may be developed in compliance with applicable provisions of the Municipal Code, including but not limited to setbacks, lot coverage, maximum height, landscaping, and parking;
2. The subdivision complies with standards for minimum lot size, minimum street frontage, minimum lot width, and maximum density.
3. Public services and utilities can be proposed to the proposed parcels. 41 Resolution No. PC 25-002 Page 3
B. The site is physically suitable for the proposed density of the development, in that:
1. The applicant has demonstrated that the development of the three parcels can occur in a manner consistent with applicable provisions of the Municipal Code;
2. The subdivision complies with standards for new parcels, including minimum lot size, minimum street frontage, minimum lot width, and maximum density of one per 6,000 .square feet of lot area. Each parcel will contain more than 6,000 square feet.
3. Public services and utilities can be provided to the proposed parcels; and
4. The subdivision is consistent with the development density established by the General Plan and the environmental impacts studied and mitigated by the Final Environmental Impact Report (FEIR) and Addendum No. 1, certified for the Centennial General Plan adopted in February 2014.
C. The design of the subdivision or the proposed improvements is not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, in that:
1. The subdivision is consistent with the development density established by the General Plan and the environmental impacts studied and mitigated by the Final Environmental Impact Report (FEIR) and Addendum No. 1, certified for the Centennial General Plan adopted in February 2014. In terms of cumulative General Plan build-out and city-wide impacts, the project does not create new significant environmental impacts, change the significance of previously studied impacts, or result in need to add or change mitigation measures, beyond the impact analysis and mitigation in the FEIR. Additionally, the subdivision does not have significant impacts specific to the site and surrounding area, as detailed in Exhibit 8.
D. The design of the subdivision or the type of improvements is not likely to cause serious public health problems, in that:
1. The subdivision complies with standards for minimum lot size, minimum street frontage, minimum lot width, and maximum density. The RL zoning district allows a maximum residential density of one unit per 6,000 square feet of lot area. The subdivision of the site results in three lots for future development of three residences; and
2. Public services and utilities can be provided to the proposed parcels.
E. The subdivision, with its provisions for design and improvements, is consistent with the General Plan, in that:
42 Resolution No. PC 25-002 Page4
1. The project is limited to subdividing a property into three lots for future development of three single-family residences in the Residential Low Density (RL) land use designation. The intended use of the RL designation is singlefamily residential, and the proposed subdivision is consistent with this intent.
The applicant has demonstrated that the sites can be developed in a manner consistent with applicable provisions of the municipal code. Compliance with city standards will be verified before grading or construction commences. The review will ensure the future land use are consistent with Land Use Element Policy LU-1.04, Single-Family Residential Uses, "We require that single-family houses and sites be designed to convey a high level of architectural and landscape quality in accordance with the Urban Design Element and Zoning Code ... " and Land Use Element Policy LU-1.06, Residential Infill, "We require that new residential development be compatible with adjacent structures and land uses and we require: ... b) use of complementary building materials, colors, and forms, while allowing flexibility for distinguished design solutions,"
2. The subdivision complies with the maximum allowed density for the RL designation. The RL designation allowed a maximum residential density of one unit per 6,000 square feet of lot area. The site is approximately 21,504 square feet and the subdivision of the site results in three lots for future development of three residences; and
3. The subdivision is consistent with the development density established by the General Plan and the environmental impacts studied and mitigated by the Final Environmental Impact Report (FEIR) and Addendum No.1, certified for the Centennial General Plan adopted in February 2014.
F. The design of the subdivision or type of improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision. Easements are included at the rear of the site to ensure that there is adequate access and space to provide for drainage adjacent to the lnterstate-5 sound wall. The development of the subdivision in the future will not restrict access to the easements, based on the location of the easements and the open lot area and setbacks provided through the implementation of zoning requirements in the review of future development plans.
Section 4. Planning Commission Recommendation.
Based on the entire record, including all written and oral evidence presented to the Planning Commission, and the findings made and evidence discussed in the staff report and this Resolution, the Planning Commission hereby recommends that the City Council adopt a Resolution approving Tentative Parcel Map 2018-137, Esperanza Subdivision, . subject to Conditions of Approval set forth in Exhibit A. 43 Resolution No. PC 25-002 Page 5
PASSED AND ADOPTED at a regular meeting of the City of San Clemente Planning Commission on February 05, 2025.
CERTIFICATION:
I HEREBY CERTIFY this Resolution was adopted at a regular meeting of the City of San Clemente Planning Commission on February 05, 2025, carried by the following roll call vote:
AYES: COMMISSIONERS: CRANDELL, DAVIS, MCKHANN, PRESCOTTLOEFFLER, MCCAUGHAN, CAMP, COSGROVE NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
Zach Rehm, Secretary of the Planning Commission
44 Resolution No. PC 25-002
CONDITIONS OF APPROVAL
PHP24-346 TPM18-137
STANDARD CONDITIONS
1.0 GENERAL CONDITIONS OF APPROVAL
EXHIBIT A
1.1 Within 30 days of approval of this application, the applicant Planning shall submit to the City Planner a signed acknowledgement concurring with all conditions of approval on a form to be provided by the City. Failure to submit this
acknowledgement may be grounds to revoke this approval. 1 .2 The applicant shall defend (with counsel acceptable to the Planning City), indemnify, and hold harmless the City of San
Clemente and its officers, employees, and agents from and against any claim, action, proceeding, fines, damages,
expenses, and attorneys' fees, against the City, its officers, employees, or agents to attack, set aside, void, or annul any approval or condition of approval of the City concerning _ this project, including but not limited to any approval or condition of approval of the City Council, Planning
Commission, or City Planner, Zoning Administrator, or City employees or environmental finding. Applicant shall pay all costs upon request by the City. The City shall promptly notify the applicant of any claim, action, or proceeding concerning the project and the City shall cooperate fully in the defense of the matter at the applicant's expense. The City reserves the right, at its own option, to choose its own attorney to represent the City, its officers, employees, and agents in the defense of the matter at the applicant's cost.
If the applicant fails to so defend the matter, the City shall have the right, at its own option, to do so and, if it does, the applicant shall promptly pay the City's full cost of the defense.
1 .3 Use and development of this property shall be in Planning substantial conformance with the approved plans, material boards and other applicable information submitted with this application, and with these conditions of approval. Any modifications to the project shall be reviewed by the City Planner in accordance with the Zoning Ordinance Section
17.12.180.
1 .4 The applicant shall comply with all applicable current and All future provisions of the San Clemente Municipal Code,
adopted ordinances, and state laws.
45 Resolution No. PC 25-002
Exhibit A
1.5 Use of the subject property shall conform to all occupancy All requirements, including posting of signs related to the maximum occupancy limitations.
1.6 TPM18-137 shall be deemed to have expired if within three Planning years of approval the project is not commenced or the
project permitted by the approved application has lapsed, as defined by Zoning Ordinance Section 17.12.150.
1.7 Within five business days of project approval, the applicant Planning shall submit to the Planning Division a check made payable to the Orange County Clerk-Recorder in the amount of $50 for filing the CEQA Notice.
1.8 Within 2 years after the approval date of Tentative Parcel Planning Map No. 2018-137, unless an extension is granted as
provided in Section 16.12.100 of the Code of the City of San Clemente and Section 66452.6 of the Government
Code of the State of California (Subdivision Map Act), the subdivider shall cause the subdivision, or any part thereof, to be surveyed, and a final map to be prepared and
recorded in accordance with the tentative parcel map as approved. The final map shall be subject to pertinent
requirements of the Subdivision Map Act and shall conform to the approved tentative tract/parcel map, City standards, and all other applicable approved plans, codes,
ordinances, statutes and regulations.
Any failure to record a final parcel map within the time period specified, shall terminate all proceedings, and the approval or conditional approval of the tentative parcel map shall be null and void. Before a final parcel map may
thereafter be recorded on the same parcel of land, a new tentative parcel map shall be filed and approved pursuant to SCMC 16.12.100 (A)(B). ■■
2.0 PRIOR TO APPROVAL OF A FINAL MAP
2.2 Prior to recordation of the final map, the applicant shall submit to the City Engineer evidence that the County
Surveyor has approved a digitized tract/parcel map
pursuant to Orange County Ordinance No. 3809 dated
January 28, 1991. The owner or designee shall pay for all costs of said digital submittals, including supplying digital copies to the City of the final, County Surveyor-approved digital map in DXF format.
Public
Works
Page2
46 Resolution No. PC 25-002
Exhibit A
2. 7 The applicant shall reimburse the City all costs associated with review of the project CC&Rs, Disclosure Statements, and any other applicable documents by the City Attorney's Office. The owner shall also pay all applicable development and final map fees for each unit, which may include, but are not limited to, City Consultants review fees, park
acquisition and development, water and sewer connection, drainage, and grading. ■
Easements
2.8 The final map shall depict the location of all easements for public sidewalk, open space, trails, water and sewer
easements, storm drains and storm drain maintenance
access, public street lights, utilities, reciprocal access, emergency access, slopes and slope maintenance, and
landscaping. All drainage easements shall be a minimum
of 15 feet. No drainage facilities accepted for dedication or maintenance by- the City shall be located within slopes. (SCMC Section 16.28.030) ■
2.9 The applicant shall demonstrate to the satisfaction of the City Engineer that quitclaims in favor of the City have been obtained from all persons having any interest in existing rights of way for pipelines for the conveyance of water, and for all rights to all underground water. The right to all underground water, but without right of entry to the surface thereof, shall be conveyed to the City. No easements shall be granted nor recorded over any portion of the property shown on the submitted record map between the date the
tentative map is approved by the Planning Commission and the date the final or record map is recorded by the County Recorder. (SCMC Section 13.04.500)
Improvements
3.10 The applicant shall submit, and the City Engineer shall approve, frontage improvement plans. The applicant shall be responsible for the construction of all required frontage improvements as approved by the City Engineer including but not limited to the following:
A. Sidewalk, including construction of compliant
sidewalk around drive approach or other obstructions
to meet current City standards (2% cross fall) when
adequate right-of-way exists. Since the street rightof-way is approximately 5 feet behind the curb face, a sidewalk easement is anticipated to be required to
be granted to the City. Said sidewalk easement shall
Planning
Public
Works
Public
Works
Public
Works
Public
Works
47 Resolution No. PC 25-002
Exhibit A
be offered for dedications on the Final Parcel Map. ■
B. Per City Municipal Code Section 12.08.010 (A),
when building permit valuations exceed $50,000, the
owner or designee shall construct sidewalk along the
property frontage, unless a waiver is obtained .
(SCMC Chapter 15.36 and Sections 12.08.010, and
12.24.050)
4.0 PRIOR TO ISSUANCE OF BUILDING PERMITS
4.1 The working drawings shall include within the first four pages a list of all conditions of approval included in this resolution.
4.15 The new buyer/owner of the new parcels shall apply for a Development Permit prior to the issuance of a building
permit pursuant to San Clemente Municipal Code Section
17.16.100 (SCMC 17.16.1 00). ■■
All Conditions of Approval are standard, unless indicated as follows:
■ Denotes a modified standard Condition of Approval.
■■ Denotes a project specific Condition of Approval
Building
Planning
Attachment 2
4860-5047-5367 v1
RESOLUTION NO. 25-90
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN CLEMENTE, CALIFORNIA, APPROVING FINAL
PARCEL MAP 2018-137, A 3 LOT SUBDIVISION LOCATED
AT 143 NORTH LA ESPERANZA
WHEREAS, the property owner and subdivider, Edward M. Sanchez, owns a 21,536 square foot single-family residential lot located at 143 North La Esperanza; and WHEREAS, on August 21, 2018, the San Clemente City Council adopted Resolution No. 18-19 approving Tentative Parcel Map 2018-137 for 143 North La Esperanza, which approval was considered null and void after 24 months given that no final parcel map was recorded; and
WHEREAS, on September 19, 2024, an application was submitted by Richard Frei, 914 East Katella Avenue, Anaheim, CA 92805, on behalf of property owner Edward Sanchez, and deemed complete by staff on January 10, 2025, for Tentative Parcel Map 2018- 137 (PHP24-346), a request to subdivide one single-family residential lot into three lots. The project site is 143 North La Esperanza, adjacent to Interstate-5 at the north end of North La Esperanza, and within the Residential Lot-Density Zone (RL). The site’s legal description is Portion of Lots 10-13, Tract 898, and Assessor’s Parcel Number 057-095- 01; and
WHEREAS, on February 5, 2025, Planning Commission adopted Resolution PC25- 002, recommending that the City Council approve the project with the required findings and Conditions of Approval and determining that the project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15315 (Class 15: Minor Land Divisions); and WHEREAS, on April 1, 2025, the City Council of the City of San Clemente held a duly noticed public hearing on the subject application, considered written and oral comments, and facts and evidence presented by the applicant, City staff, and any other interested parties; and
WHEREAS, on April 1, 2025, the City Council adopted Resolution 25-34, approving Tentative Parcel Map 2018-137 with the required findings and Conditions of Approval and determining that the project is categorically exempt from the requirements of CEQA pursuant to CEQA Guidelines Section 15315 (Class 15: Minor Land Divisions); and WHEREAS, Resolution 25-34 included Conditions of Approval for the subdivider to dedicate any interest in existing rights of way for pipelines for the conveyance of water and the rights to all underground water; and
WHEREAS, the subdivider has satisfied all the Conditions of Approval and offered to the City water rights as dedicated; and
48 Resolution No. 25-90 Page 2
4860-5047-5367 v1
WHEREAS, this project was previously found Categorically Exempt from the requirements of the California Environmental Quality Act pursuant to CEQA Guidelines Section 15315 (Class 15: Minor Land Divisions) in connection with the approval of the Tentative Parcel Map; and
WHEREAS, pursuant to the provisions of the Subdivision Map Act and the City Municipal Code Chapter 16, Final Parcel Maps require City Council action for approval, denial, or modifications; and
WHEREAS, on June 17, 2025, the City Council considered a resolution approving Final Parcel Map 2018-137.
NOW, THEREFORE, the City Council of the City of San Clemente does hereby find, determine and resolve as follows:
SECTION 1. That the above recitations are true and correct and incorporated fully herein.
SECTION 2. That the San Clemente City Council hereby approves Final Parcel Map 2018-137 as it conforms to the requirements set forth in the Subdivision Map Act and the previously approved Tentative Parcel Map.
SECTION 3. That the San Clemente City Council hereby accepts on behalf of the City of San Clemente the water rights as dedicated.
SECTION 4. That the Public Works Director/City Engineer is authorized and directed to execute the Final Parcel Map.
SECTION 5. That the City Clerk is authorized and directed to execute and submit the Final Parcel Map for recordation with the County of Orange Recorder’s Office.
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 June, 2025.
ATTEST:
___________________________ __________________________
City Clerk of the City of Steve Knoblock, Mayor of the
San Clemente, California City of San Clemente, California 49 Resolution No. 25-90 Page 3
4860-5047-5367 v1
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §
CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 25-90 was adopted at a regular meeting of the City Council of the City of San Clemente held on _______ day of June, 2025, 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
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
Meeting Date: June 17, 2025 Agenda Item: 11H.
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 APPROVING FINAL PARCEL MAP 2018-172, 405 PASADENA COURT CONDOMINIUM ..body SUBDIVISION
Fiscal Impact:
None.
Summary:
Michael W. Palkovic and Kathleen D. Palkovic, the property owners and Subdivider of Final Parcel Map 2018-172, have submitted the Final Parcel Map for City Council approval. Staff has confirmed that the proposed Final Parcel Map is in conformance with the approved Tentative Parcel Map. Pursuant to the Subdivision Map Act, a legislative body shall not deny approval of a Final Parcel Map if it has previously approved a Tentative Parcel Map for the proposed subdivision and if it finds that the Final Parcel Map is in substantial compliance with the previously approved Tentative Parcel Map. Thus, while the Subdivision Map Act and San Clemente Municipal Code Chapter 16 require City Council action to approve the Final Parcel Map, that action is ministerial.
Background:
Parcel Map 2018-172 contains two residential condominium dwelling units on one 5,788 squarefoot lot (see attached Location Map). The California Coastal Commission approved a Coastal Development Permit (5-22-0938) on March 19, 2025. The Conditions, Covenants and Restrictions (CC&Rs) for the project have been reviewed by the City Attorney, but minor corrections are still pending. The proposed Resolution includes a condition that the City Engineer is not to execute the Final Parcel Map until verification that the CC&Rs and payment of the review fees have been completed and approved by the City Attorney and City Planner. Included on the Final Parcel Map is an offer of dedication of a varied width easement for sidewalk and public access purposes along Pasadena Court. The City Engineer has reviewed and is satisfied with the quitclaims in favor of the City that the Subdivider obtained from all persons having any interest in existing rights of way for pipelines for the conveyance of water, and for all rights to all underground water. The Subdivider has satisfied all other Conditions of Approval that are required prior to Final Parcel Map approval. The only remaining action for satisfying the Conditions of Approval is for the Subdivider to record the CC&Rs in a form acceptable to the City Attorney, which will be recorded immediately after the Final Parcel Map. Copies of the proposed Final Parcel Map and approved Tentative Parcel Map are available for review at City Hall in the Public Works, Engineering Division.
1 Meeting Date: June 17, 2025 Agenda Item: 11H.
CITY OF SAN CLEMENTE
Council Options:
Adopt Resolution No. 25-91 (Attachment 2), approving Final Parcel Map 2018-172, accepting a sidewalk and pedestrian access easement and water rights as dedicated. Modify and adopt Resolution 25-91.
Continue the item and direct staff to provide additional information. Deny Resolution No. 25-91 until the CC&Rs have been finalized or pursuant to the provisions of the Subdivision Map Act and the City Municipal Code Chapter 16, Final Parcel Maps require City Council action for approval, denial, or modifications. Per Subdivision Map Act (Government Code section 66474.1), a legislative body shall not deny approval of a Final Parcel Map if it has previously approved a Tentative Parcel Map for the proposed subdivision and if it finds that the Final Parcel Map is in substantial compliance with the previously approved Tentative Parcel Map. The Tentative Parcel Map 2018-172 was approved by the Zoning Administrator on January 23, 2020 through Resolution ZA 20-001. See Attachment 3.
The Tentative Parcel Map was then approved for a time extension (PLN 19-230). See Attachment 4. The time was approved by the Community Development Director on January 29, 2023. See Attachment 4. Unless the City Council finds that the Final Parcel Map is not in substantial compliance with the previously approved Tentative Parcel Map, approving the Final Parcel Map is a ministerial action.
Environmental Review/Analysis:
This project was previously found Categorically Exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15315 (Class 15: Minor Land Divisions) and 15301.k (Class 1: Existing Facilities) in connection with the approval of the Tentative Parcel Map. The approval of a Final Parcel Map is a ministerial action and not a “project” under CEQA.
Recommended Actions:
Staff Recommendation ..recommendation
Staff recommends that the City Council approve Resolution No. 25-91, which would:
1. Approve the Final Parcel Map 2018-172 as it conforms to the requirements set forth in the Subdivision Map Act and the previously approved Tentative Parcel Map;
2. Accept on behalf of the City of San Clemente the sidewalk and pedestrian access easement as dedicated;
3. Accept on behalf of the City of San Clemente the water rights as dedicated;
4. Authorize and direct the Public Works Director/City Engineer to execute the Final Parcel Map upon verification that the CC&Rs and payment of the review fees have been completed and approved by the City Attorney and City Planner; and
2 Meeting Date: June 17, 2025 Agenda Item: 11H.
CITY OF SAN CLEMENTE
5. Authorize and direct the City Clerk to execute and submit the Final Parcel Map for recordation with the County of Orange Recorder’s Office... recommendation ..end
Attachment:
1. Location Map
2. Final Parcel Map Resolution No. 25-91
3. Zoning Administrator Staff Report, dated January 23, 2020
4. Community Development Director Approval Letter for Time Extension of the Tentative Parcel Map, dated January 9, 2023
Notification:
Brian Diaz, property owner/representative
Michael W. Palkovic, property owner
3 Attachment 1
4 EL CAMINO REAL L - - - - - - - - - - - - --
□ [III] I [I] [III] [TI] [IlJ] [II] --1
I
City of San Clemente
910 Calle Negocio, Suite 100
San Clemente, CA 92673
Tel (949) 361-6100
Fax (949) 361-6316
BOUNDARY MAP
Del Mar I Downtown
Underground Utility District
( Phase I)
Attachment 2
4860-5047-5367 v1
RESOLUTION NO. 25-91
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN CLEMENTE, CALIFORNIA, APPROVING FINAL
PARCEL MAP 2018-172, LOCATED AT 405 PASADENA
COURT
WHEREAS, the property owner and subdivider, Michael W. Palkovic and Kathleen D. Palkovic, husband and wife, own a two-unit apartment building located at 405 Pasadena Court; and
WHEREAS, the subdivider applied for a Tentative Parcel Map in order to subdivide the two-unit apartment building into two condominiums; and WHEREAS, the Tentative Parcel Map 2018-172 was approved by the Zoning Administrator on January 23, 2020 through Resolution ZA 20-001; and WHEREAS, the Tentative Parcel Map 2018-172 was granted a Time Extension by the Community Development Director on January 29, 2023; and WHEREAS, Resolution ZA 20-001 included Conditions of Approval for the subdivider to obtain California Coastal Commission approval for the proposed Final Parcel Map, City Attorney approval of Conditions, Covenants and Restrictions (CC&Rs), dedication of an easement for sidewalk and public access purposes, and obtaining from all persons having any interest in existing rights of way for pipelines for the conveyance of water and the rights to all underground water; and
WHEREAS, the CC&Rs have been reviewed by the City Attorney and are not finalized at this time; and
WHEREAS, except for the CC&Rs, the subdivider has satisfied all the Conditions of Approval and offered to the City the sidewalk and pedestrian access easement and all water rights as dedicated; and
WHEREAS, this project was previously found Categorically Exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15315 (Class 15: Minor Land Divisions) and 15301.k (Class 1: Existing Facilities) in connection with the approval of the Tentative Parcel Map; and WHEREAS, pursuant to the provisions of the Subdivision Map Act and the City Municipal Code Chapter 16, Final Parcel Maps require City Council action for approval, denial, or modifications; and
WHEREAS, on June 17, 2025, the City Council considered a resolution approving Final Parcel Map 2018-172 at its regular meeting. 5 Resolution No. 25-91 Page 2
4860-5047-5367 v1
NOW, THEREFORE, the City Council of the City of San Clemente does hereby find, determine and resolve as follows:
SECTION 1. That the above recitations are true and correct and fully incorporated herein.
SECTION 2. Contingent upon revisions to the CC&Rs approved by the City Attorney, that the San Clemente City Council hereby approves Final Parcel Map 2018- 172 as it conforms to the requirements set forth in the Subdivision Map Act and the previously approved Tentative Parcel Map.
SECTION 3. That the San Clemente City Council hereby accepts on behalf of the City of San Clemente the sidewalk and pedestrian access easement as dedicated on said Map.
SECTION 4. That the San Clemente City Council hereby accepts on behalf of the City of San Clemente the water rights as dedicated on said Map.
SECTION 5. That the Public Works Director/City Engineer is authorized to execute the Final Parcel Map upon verification that the CC&Rs and payment of the review fees have been completed and approved by the City Attorney and City Planner.
SECTION 6. That the City Clerk is authorized to execute and submit the Final Parcel Map for recordation with the County of Orange Recorder’s Office.
SECTION 7. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
PASSED AND ADOPTED this _____ day of June, 2025.
___________________________
Steve Knoblock, Mayor of the
City of San Clemente, California
ATTEST:
__________________________
CITY CLERK of the City of
San Clemente, California
6 Resolution No. 25-91 Page 3
4860-5047-5367 v1
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §
CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 25-91 was adopted at a regular meeting of the City Council of the City of San Clemente held on _______ day of June, 2025, 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
7 Attachment 3
8 RESOLUTION NO. ZA 20-001
A RESOLUTION OF THE ZONING ADMINISTRATOR OF
THE CITY OF SAN CLEMENTE, CALIFORNIA, APPROVING
TENTATIVE PARCEL MAP 2018-172 (PLN 19-230),
PASADENA COURT DUPLEX CONDOMINIUM
SUBDIVISION, A REQUEST TO CONSIDER A DUPLEX
CONDOMINIUM SUBDIVISION TO ALLOW FOR INDIVIDUAL
OWNERSHIP OF TWO DWELLING UNITS, LOCAlED AT
405-407 PASADENA COURT
WHEREAS, on June 24, 2019 an application was submitted by Michael Palkovic, 9322 Hunting Circle, Villa Park, CA 92861, for Tentative Parcel Map (TPM) 2018-167, and deemed complete on December 20, 2019; a request to consider a duplex condominium subdivision to allow for individual ownership of two dwelling units. The City's project reference number is PLN 19-230. The subject site is located at 405-407 Pasadena Court, which is in the Pier Bowl Specific Plan, the Residential-Medium Zoning District, the Architectural Overlay District, and the Coastal Zone Overlay District (PBSP-RM-A-CZ).
The site's legal description is Lot 63, Block 1, of Tract 785, and the Assessor's Parcel Number is 692-031-07; and
WHEREAS, the Planning Division has completed an iaitial environmental assessment of the above matter in accordance with the California Environmental Quality Act (CEQA) and recommends the Zoning Administrator determine the project is Categorically Exempt from CEQA pursuant to State CEQA Guidelines Section 15315 (Class 15: Minor Land Divisions) and 15301.k (Class 1: Existing Facilities). This is recommended because the project falls within the Minor Land Division exemption for a division of property; and
WHEREAS, on July 11 and November 27, 2019, the City's Development Management Team (DMT) reviewed the proposed project for compliance with the General Plan, Zoning Ordinance, and other applicable City ordinances and codes; and WHEREAS, in accordance with City and State requirements, notice of the public hearing was published in the San Clemente Times newspaper on January 9, 2020, posted at the project site, and mailed to all property owners within 300 feet of the subject parcel; and
WHEREAS, on January 23, 2020, the Zoning Administrator of the City of San Clemente held a duly noticed public hearing on the subject application, considered written and oral comments, and facts and evidence presented by the applicant, City staff, and other interested parties.
NOW, THEREFORE, the Zoning Administrator of the City of San Clemente does hereby resolve as follows:
Section 1. Incorporation of Recitals.
9 Resolution No. ZA 20-001 Page 2
The Zoning Administrator hereby finds that all of the facts in the Recitals are true and correct and are incorporated and adopted as findings of the Zoning Administrator as fully set forth in this resolution. •
Section 2. CEQA Findings.
Based upon its review of the entire record, including the Staff Report, any public comments or testimony presented to the Zoning Administrator, and the facts outlined below, the Zoning Administrator hereby finds and determines that the proposed project is Categorically Exempt from CEQA pursuant to State CEQA Guidelines Section 15315 (Class 15: Minor Land Divisions) and 15301.k (Class 1: Existing Facilities).
The project is Categorically· Exempt from California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15315 (Class 15, Minor Land Divisions) and 15301.k (Existing Facilities) because the project involves the subdivision of a developed property in urbanized areas zoned for residential use into four or fewer parcels or condominium units. The airspace subdivision is in conformance with the General Plan, Subdivision Map Act, and zoning; no variances or exceptions are required, all public services and access to the proposed condominium units to local standards are available, the parcel was not involved in a division of a larger parcel within the previous two years, and the parcel does not have an average slope greater than 20 percent.
Section 3. Tentative Parcel Map Findings
With respect to Tentative Parcel Map (TPM) 2018-172 (PLN 19-230), the Zoning Administrator finds as follows:
A. The site is physically suitable for the type of development, in that:
1. The project is limited to subdividing the airspace of a multi-family residential building into two condominium units for individual ownership purposes. There is an active building permit at the site to remodel the multifamily building into a duplex. Building permits were issued after construction plans were reviewed to ensure that the development complies with the Zoning Ordinance, building, health, and safety codes, and other applicable regulations and policies. This includes but is not limited to policies and regulations on land use, setbacks, utility connections, easement access, traffic design standards, etc.
8. The site is physically suitable for the proposed density of the development, in that:
1. The density of the development on the site complies with the maximum allowed for properties in the RM zoning district. ,The zoning district allows a maximum residential density of one unit per 1,800 square feet of lot area per the Coastal Land Use Plan (LUP). The subject site is approximately 5,788 square feet, with an allowed density of three units.
C. The design of the condominium conversion or the proposed improvements is not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, in that:
10 Resolution No. ZA 20-001 Page 3
1. The site is already developed with a multifamily residential building in a developed area with no sensitive habitat for threatened species;
2. The proposed project does not expand the footprint of the existing development;
3. The project is limited to subdividing airspace into two condominiums to allow for separate ownership of each dwelling unit; and
4. The site is served by· utilities and public services.
D. The design of the condominium subdivision or the type of improvements is not likely to cause serious public health problems, in that:
1. The project is limited to subdividing the airspace of a duplex into two condominiums to allow for separate ownership of each dwelling unit; and
2. The site is in ·a developed area with no sensitive habitat for threatened species, and the site is served by utilities and public services.
E. The condominium subdivision, with its provisions for any design and improvements, is consistent with the General Plan and Coastal Land Use Plan (LUP), in that:
1. The project is limited to subdividing the airspace of an apartment building into two condominium units for individual ownership purposes. The project is consistent with the Residential Medium Land Use Designation of the site.
2. The duplex received building permits after review for compliance with the California Building Code as well as other applicable zoning regulations and policies including but not limited to regulations regarding land use, setbacks, utility connections, easement access, traffic and parking design standards.
3. LUP Policy GEN-6 encourages the prohibition of lot combinations, subdivisions, and lot mergers for redevelopment where the result would adversely impact community character, compatibility or coastal resources.
The project is consistent with this policy in that no land subdivision is occurring, and the airspace subdivision affects an existing building that was developed at the site in 1965. An ongoing remodel is co~verting the architectural style of the exterior into a Spanish Colonial Revival style that is more compatible with the neighborhood and with the Design Guidelines for the Pier Bowl Specific Plan.
F. The design of the condominium subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision in that:
11 Resolution No. ZA 20-001 Page 4
1. The proposed project is limited to subdividing an apartment building with two units into two condominium units for individual ownership purposes.
Section 4. Zoning Administrator Approval.
Based on the foregoing recitals and findings above, and the written and oral comments, facts, and evidence presented, the City of San Clemente Zoning Administrator approves Tentative Parcel Map 2018-172 (PLN 19-230), Pasadena Court Duplex Condominium Subdivision, subject to the Conditions of Approval set forth in Exhibit A.
PASSED AND ADOPTED at a regular meeting of the City of San Clemente Zoning Administrator on January 23, 2020.
Cecilia Gallardo-Daly, Zoning Administrator
12 Resolution No. 2A 20-001 EXHIBIT A
CONDITIONS OF APPROVAL
TENTATIVE PARCEL MAP 2018-172 (PLN 19-230)
PASADENA COURT DUPLEX CONDOMINIUM SUBDIVISION
1.0 GENERAL CONDITIONS OF APPROVAL
1.1 Within 30 days of receipt of the signed conditions of approval, the applicant shall submit to the City Planner a signed
acknowledgement concurring with all conditions of approval on a form to be provided by the City, unless an extension is granted by the City Planner.
1.2 The applicant shall defend, indemnify, and hold harmless the City of San Clemente and its officers, employees, and agents from and against any claim, action, proceeding, fines, damages, expenses, and attorneys' fees, against the City, its officers, employees, or agents to attack, set aside, void, or annul any approval or condition of approval of the City concerning this project, including but not limited to any approval or condition of approval of the City Council, Planning Commission, or City Planner. Applicant shall pay all costs, The City shall promptly notify the applicant of any claim, action, or proceeding concerning the project and the City shall cooperate fully in the defense of the matter. The City reserves the right, at its own option, to choose its own attorney to represent the City, its officers, employees, and agents in the defense of the matter. If the applicant fails to so defend the matter, the City shall have the right, at its own option, to do so and, if it does, the applicant shall promptly pay the City's full cost of the defense.
1.3 Use and development of this property shall be in substantial conformance with the approved plans, material boards and other applicable information submitted with this application, and with these conditions of approval. Any modifications to the project shall be reviewed by the City Planner in accordance with Zoning Ordinance Section 17.12.180.
1.4 The applicant shall comply with all applicable current and future provisions of the San Clemente Municipal Code, adopted
ordinances, and state laws.
1.5 Use of the subject property shall conform to all occupancy requirements, including posting of signs related to the maximum occupancy limitations.
1.6 TPM 2018-172 (PLN -230) shall be deemed to have expired if within three years of approval the project is not commenced, or the project permitted by the approved application has lapsed, as defined by Zoning Ordinance Section 17.12.150.
Planning
Planning
Planning
All
Code
Comp
Planning
13 Resolution No. ZA 20-001, Exhibit A
1 .8 The Applicant (including any property owners and managers, and their designees) shall use her/his best judgment and best management practices to ensure residential activities on the premises will be conducted in a manner that will not be disruptive to neighbors. The property owner(s) shall be responsible for ensuring compliance with the San Clemente Municipal Code (SCMC), and all conditions of approval contained herein. The Applicant (including any property owners and managers, and their designees) hereby understands that noncompliance with
regulations and conditions of approval, shall be immediate grounds for citation pursuant to SCMC Section 8.52.030(Y), which states, "It is declared a public nuisance for any person owning, leasing, occupying or having charge or possession of any premises in this City to maintain such premises in such manner that ... A structure, improvement, property, and/or land use is not in compliance with terms and/or conditions of any City of San Clemente issued permit or approval," and any subsequent revision of this section of the code. [Citation - Section 8.52.030(Y) of the SCMC]
2.0 PRIOR TO APPROVAL OF A FINAL MAP
2.1 The final map shall indicate that all streets, drainage, storm drains, street lights, street signage and striping improvements within the interior of this subdivision are private and shall be maintained by the Master Association and/or Sub-association, or such other provision for maintenance which may be subsequently approved by the City Council. (SCMC Section 16.36.030)
2.2 Prior to recordation of the final map, the applicant shall submit to the City Engineer evidence that the County Surveyor has approved a digitized tract/parcel map pursuant to Orange County Ordinance No. 3809 dated January 28, 1991. The owner or designee shall pay for all costs of said digital submittals, including supplying digital copies to the City of the final, County Surveyor-approved digital map in DXF format.
Buyer Notification
2.3 A buyer's notification disclosure form shall be given to all potential buyers of the lots/units, which indicates the existence, operations, characteristics, and potential exposure to nuisance/objectionable odors/risk of upset/hazards of the following:
United States Marine Corps, Camp Pendleton
San Onofre Nuclear Generating Station
Page2
Code
Comp**
Public
Works
Public
Works
Planning
14 Resolution No. 2A 20-001, Exhibit A
Coastal Commission Approval
2.4 The Tentative Map shall be subject to review and_ approval by the California Coastal Commission.
Covenants, Conditions & Restrictions (CC&Rs)
2.6 The applicant shall submit to the City Planner, and must obtain approval from the City Attorney's Office, Covenants, Conditions and Restrictions (CC&R's) which shall include the following provisions:
A. Creation of a Master Association and/or a Sub-association for the purpose of providing for control over the uniformity of boundary fencing, and the perpetual maintenance
responsibility of areas including, but not limited to, (delete or add as appropriate) all common areas, open space,
slopes, fuel modification zones, private medians and
greenbelts, arterial highway parkway landscaping, irrigation systems, landscaped areas, walls, driveways, parking
areas, trash areas, structures, private streets, street lights, and drainage. All streets, drainage, street lights, street signage and striping improvements within the interior of the subdivision designated as private shall remain private and shall be maintained by the Master Association and/or Subassociation, or such other provision for maintenance which may be subsequently approved by the City Council. In
addition, the CC&R's shall indicate all other areas to be owned and maintained by the Master Association and/or
Sub-association and that maintenance of all private
drainage facilities shall be in conformance with NPOES
requirements.
B. Within 15 days of the establishment of the homeowners association and/or the commercial property owners
association, the owner or designee is required to furnish the Board or Officers of each association a copy of each
approved tract map, a copy of the approved site and fencing plan, copies of all approved landscaping plans, a complete set of construction plans for the various residential model types, and approved plans indicating the locations and
characteristics of all major project components, utilities, and related data. •
C. Following recordation of each final tract map, each Master Association of this tract shall submit to the City Planner, for distribution to the Fire and Beaches, Parks and Recreation Departments, and shall re-submit annually, a list of all current Property Owner Association officers of the
Association.
D. A statement indicating that any dedicated open space shall
Planning
Planning
15 Resolution No. ZA 20-001, Exhibit A
be retained by deed restriction as designated open space in perpetuity and maintained by a Master Association and/or the Sub-association, and that no development or encroachment shall be permitted within the designated open space.
E. A statement indicating that proposed amendments to any of the CC&R's shall be submitted for review to the City
Planner, and shall be approved by the City Attorney's Office, prior to the amendments being valid.
F. A statement indicating that the City has the right, but not the obligation, to enforce any of the provisions of the CC&R's.
G. A statement indicating that storm drain facilities shall be inspected regularly as follows:
1) Open channels, catch basins and pipelin~s inspected
annually before storm season and removal of debris as
necessary.
2) All facilities shall have debris arid sediment removed either manually or by mechanical methods. Flushing
shall be used in emergency situations only.
H. A statement obligating the Association(s) to provide to the Utilities Director annual reports in the month of June in compliance with the reporting requirements of codes and ordinances adopted by the City with respect to the NPDES program.
I. Identification of all fire prevention and defense provisions incluoing: a) a fire lane map; b) provisions which prohibit parking in fire lanes and a method of enforcement; and c) provisions for maintenance of fuel modification zones
including the removal of all dead and dying vegetation and the inspection and correction of any deficiencies in the irrigation system three times a year; and a method for
keeping fire protection access easements unobstructed. A statement shall acknowledge that approval of the Chief of Fire Protection Services shall be required for any
modifications such as speed bumps, control gates, or
parking changes.
2. 7 The applicant shall reimburse the City all costs associated with review of the project CC&Rs, Disclosure Statements, and any other applicable documents by the City Attorney's Office.
Easements •
2.8 The final map shall depict the location of all easements for open space, trails, water and sewer easements, storm drains and storm drain maintenance access, public street lights, utilities, reciprocal access, emergency access, slopes and slope maintenance, and landscaping. All drainage easements shall be a minimum of 15 feet. No drainage facilities accepted for dedication or maintenance Page4
Planning
Public
Works
16 Resolution No. ZA 20-001, Exhibit A Page 5
by the City shall be located within slopes. (SCMC Section
16.28.030)
2.9 The applicant shall demonstrate to the satisfaction of the City Engineer that quitclaims in favor of the City have been obtained from all persons having any interest in existing rights of way for pipelines for the conveyance of water, and for all rights to all underground water. The right to all underground water, but without right of entry to the surface thereof, shall be conveyed to the City.
No easements shall be granted nor recorded over any portion of the property shown on the submitted record map between the date the tentative map is approved by the Planning Commission and the date the final or record map is recorded by the County Recorder. (SCMC Section 13.04.500)
2.24 Unless otherwise approved by the City Engineer, the owner shall provide independent water meters and separate services for each unit in the common area. All water meters shall be located in the public right of way or as otherwise approved by the City Engineer. (SCMC Section 16.32.010)
2.36 The final map shall depict the location of the required sidewalk easement needed for public pedestrian access over the sidewalk through the drive approach. (SCMC Section 12.08, 16.28.030) *
**
Denotes a modified Standard Condition of Approval
Denotes a project-specific Condition of Approval
Public
Works
Public
Works
Public
Works**
Attachment 4
17 City of San Clemente
Community Development
Cecil ia Gal lardo-Daly, Community Development Director Phone: (949) 361-8200 Fax: (949) 361-8309
[email protected]
January 9, 2023
Mike Johnston
31877 Del Obispo Street
Suite 204
San Juan Capistrano, CA 92675
SUBJECT: Time Extension of Tentative Parcel M ap (TPM ) 19-230 Dear Mr. Johnston:
Congratulations, a two-year time extension is approved for your project entitlements highlighted in the subject line above. Your t ime extension request was reviewed according to Mu nicipal Code Section 17.12.160((} (Extension of Time, Review Authority}, and . approved based on t he following:
1. The Communit y Development Director determines t here have been no code or policy changes that would substant ially affect the appl ication. No code or policy changes have been adopted that requires significant changes to the project. There are no proposed changes to the approved project.
2. The Community Development Director determines the original conditions of approval for Tentative Parcel Map 19-230 (Attachment 1) adopt ed by t he Zoning Administrator on January 23, 2020 as part of Resolution ZA20-001 will apply to the proposed time extension and the time extension meets all of the following criteria:
a. The proposed changes are not expected to be of significant concern to the decision making authority that took action on the original application and to the general public. There are no proposed changes to the approved project. b. The proposed project and conditions of approval do not have an adverse impact on surrounding properties or the environment that were not previously considered and addressed by the original decision making authority. The project was previously found categorically exempt from the California Environmental Quality Act (CEQA} and continues to meet related criteria.
Community Development 910 Calle Negocio, Suite 100 San Clemente, CA 92673 18 City of San Clemente Page 2
c. The proposed project continues to meet the required findings for approva l. There are no proposed changes to the approved project.
d. The proposed project continues to comply with development standards. There are no proposed changes to the approved project.
e. The proposed project continues to be consistent with applicable design guidelines and policies of the General Plan. The project does not have adverse impacts on historic structures and it is in character with the neighborhood.
The time extension for a period of two years and approval of Tentative Parcel Map 19- 230 shall become null and void on January 23, 2025, unless another time extension is requested. We will need you to sign and return the attached form (Attachment 2) to confirm your consent to meeting the attached conditions of approval.
If you have questions regarding the time extension, you can contact me or your project planner, Chris Johnson, Senior Planner, by phone at (949) 361-6195 or email at [email protected].
Sincerely,
Cecilia Gallardo-Daly
Community Development Director
Attachments:
1. Resolution ZA 20-001
Exhibit A - Conditions of Approval
2. Applicant Consent to Conditions of Approval
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
AGENDA REPORT
CITY OF SAN CLEMENTE
CITY COUNCIL MEETING
CITY OF SAN CLEMENTE
Meeting Date: June 17, 2025 Agenda Item: 11I.
Submitted By: Public Works
Prepared By: Julie Schmidt, Sr. Management Analyst
Subject:
..titl e
CONSIDERATION OF A RESOLUTION AUTHORIZING THE CITY TO ENTER INTO A
REGIONAL CONTRACT BETWEEN THE SOUTH ORANGE COUNTY WASTEWATER AUTHORITY (SOCWA), JCI JONES CHEMICAL, INC., AND SOCWA ENTITIES FOR SUPPLY
OF SODIUM HYPOCHLORITE TO THE WATER RECLAMATION PLANT FOR WASTEWATER
TREATMENT, AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT, AND
AUTHORIZING THE PUBLIC WORKS DIRECTOR TO APPROVE UP TO THREE ONE-YEAR
RENEWALS
..body
Fiscal Impact:
The funding for the supply of Sodium Hypochlorite (bleach) to the City’s Water Reclamation Plant (WRP) for wastewater treatment was approved in the Fiscal Year 2026 Budget in the Water Operating Fund, Account Number 052-465-42150 in the amount of $185,400. Additional funding for any contract extensions will be proposed as part of the City’s annual budget process for future fiscal years. It is estimated that there will be an annual cost decrease of approximately 29% for Sodium Hypochlorite with the new contract as compared to the current contract.
Summary:
Before the City Council is the approval of the City’s participation in a regional contract with SOCWA, JCI Jones Chemical, Inc. (JCI) and SOCWA entities for a one-year term for the supply of Sodium Hypochlorite (bleach) to the City’s WRP for wastewater treatment, and to authorize the Public Works Director/City Engineer to approve up to three optional one-year renewals to the contract for amounts not to exceed the approved budget amounts for this chemical in each appropriate fiscal year. The Agenda Item from the SOCWA Board of Directors Meeting on June 5, 2025 related to this contract can be found in Attachment 3.
The City’s WRP uses chlor-alkali products extensively for disinfection of recycled water, wastewater treatment process control, and to control odors in foul air scrubbings. Chlor-alkali products include 5.25% and 12.5% Sodium Hypochlorite (bleach) and 25%, 30%, and 50% Sodium Hydroxide (caustic soda). SOCWA entities have a long history of partnering to purchase bulk chemical supplies to reduce costs, and the City of San Clemente currently participates in various contracts through SOCWA for WRP chemicals.
Background:
The City of San Clemente participates in regional contracts to purchase wastewater treatment chemicals with SOCWA and other agencies that are collectively referred to as SOCWA entities (including Santa Margarita Water District, City of San Clemente, El Toro Water District, Irvine Ranch Water District, Trabuco Canyon Water District, and Moulton Niguel Water District). 1 Meeting Date: June 17, 2025 Agenda Item: 11I.
CITY OF SAN CLEMENTE
The current Sodium Hypochlorite contract that the City participates in through SOCWA with Olin Corporation/ Pioneer Americas, LLC will expire on June 30, 2025. SOCWA staff conducted a Request for Proposal process, and received four proposals for the various chlor-alkali products.
The proposals were reviewed and evaluated by SOCWA staff, and the recommendation for the new Sodium Hypochlorite contract is JCI Jones Chemical, Inc. This vendor proposed the lowest cost using the method in the Request for Proposal document, and they have many active water and wastewater agency Sodium Hypochlorite contracts in Southern California. The references provided by JCI provided positive feedback and did not note delivery issues, safety concerns, or contract issues. SOCWA has used JCI in the past for bulk chlorine deliveries and did not have any noted issues as previously mentioned. JCI has one Southern California production site and 11 nationally.
The pricing under the proposed contract will be fixed for the initial 1-year term of the contract, however, to address potential tariff impacts and the ongoing uncertainty of changes to tariffs during the duration of the contract period, the following terms have been incorporated into the contract:
Impacts from Tariffs. The parties acknowledge and agree that tariffs, levies, duties, taxes, or laws/regulations of similar effect (collectively, “Tariffs”) may go into effect after the date hereof, and Vendor has not included the impact of any Tariffs in the Contract pricing. In the event that the cost of producing contracted products escalates prior to the expiration of the Contract Time due to Tariffs, whether such escalation is the result of direct Tariff assessments or the impact of Tariffs on demand and price for internationally or domestically produced chemicals, Vendor shall: (i) inform SOCWA of such escalation and shall provide back-up documentation sufficient to establish and support such escalation; (ii) use commercially reasonable efforts to work with SOCWA to develop mitigation strategies; (iii) be entitled to an increase in the contracted price per gallon to the extent of any substantiated material price escalation, without any markup or overhead increases.
While it is unusual to include potential increases from tariffs, chemicals are highly dependent upon minerals received from other countries. This clause allows agencies to receive lower prices without placing increased risk on the supplier, there is also an option for SOCWA agencies to terminate the contract at any time with 60-day notice if pricing is not satisfactory. The pricing for the three optional one-year renewals will be negotiated at the expiration of each term.
Sodium Hypochlorite (Bleach) Pricing ($/Gallon)(1)
Chemical and Concentration Delivery Volume
New
Contract
Pricing
Previous
Contract
Pricing
Sodium Hypochlorite - 12.5% (501-1000 gals) $3.2038 $3.09 Sodium Hypochlorite - 12.5% (1001-2000 gals) $2.4038 $2.82 Sodium Hypochlorite - 12.5% (2001-3000 gals) $1.9538 $2.65 Sodium Hypochlorite - 12.5% (3001-4000 gals) $1.7538 $2.49 Sodium Hypochlorite - 12.5% (4001-4500 gals) $1.6538 $2.35 Sodium Hypochlorite - 12.5% (>4500 gals) $1.5838 $2.22
Sodium Hypochlorite - 5.25% (>4800 gals) $1.0538 $1.30
2 Meeting Date: June 17, 2025 Agenda Item: 11I.
CITY OF SAN CLEMENTE
(1) Prices do not include applicable fees, taxes, and tariffs that will be included in the contract terms and conditions.
Council Options:
Adopt Resolution No. 25-92, authorizing the City to enter into a regional contract between the South Orange County Wastewater Authority (SOCWA), JCI Jones Chemical, Inc., and SOCWA entities for supply of Sodium Hypochlorite to the Water Reclamation Plant for wastewater treatment, authorizing the City Manager to execute the contract, and authorizing the Public Works Director to approve up to three optional one-year renewals. Modify and adopt Resolution No. 25-92.
Continue the item and direct staff to provide additional information. Do not adopt Resolution No. 25-92 and deny the approval of the City’s participation in the regional contract for the purchase of Sodium Hypochlorite through the contract with SOCWA, JCI Jones Chemical, Inc. and SOCWA entities, and give direction to staff.
Environmental Review/Analysis:
Not a “project” under the California Environmental Quality Act (CEQA) Guidelines section 15378 (14 CCR section 15378). The approval of the City’s participation in the regional contract for the purchase of Sodium Hypochlorite through the contract with SOCWA and JCI Jones Chemical, Inc. has no potential to result in either a direct or physical change in the environment or a reasonably foreseeable indirect physical change in the environment.
Recommended Actions:
Staff Recommendation
Staff recommends that the City Council adopt Resolution No. 25-92, which would:
1. Authorize the City to enter into the regional contract with SOCWA, JCI Jones Chemical, Inc., and SOCWA entities for a one-year term for the supply of Sodium Hypochlorite to the City’s Water Reclamation Plant and authorize the City Manager to execute the contract in an amount not to exceed $185,400 for the initial one-year term; and
2. Authorize the Public Works Director to approve up to three one-year renewals to the contract for amounts not to exceed the approved budget amounts for this chemical in each appropriate fiscal year.
..recommendation
..end
Attachments:
1. Resolution No. 25-92
2. Regional Contract with SOCWA, JCI Jones Chemical, Inc., and SOCWA Entities
3. SOCWA Agenda Item 8.C. dated June 5, 2025
Notification:
None.
3 RESOLUTION NO. 25-92
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN CLEMENTE, CALIFORNIA, AUTHORIZING THE CITY
TO ENTER INTO A REGIONAL CONTRACT BETWEEN THE
SOUTH ORANGE COUNTY WASTEWATER AUTHORITY
(SOCWA), JCI JONES CHEMICAL, INC., AND SOCWA
ENTITIES FOR SUPPLY OF SODIUM HYPOCHLORITE TO
THE WATER RECLAMATION PLANT FOR WASTEWATER
TREATMENT, AUTHORIZING THE CITY MANAGER TO
EXECUTE THE CONTRACT, AND AUTHORIZING THE
PUBLIC WORKS DIRECTOR TO APPROVE UP TO THREE
ONE-YEAR RENEWALS
WHEREAS, the City’s Water Reclamation Plant uses chlor-alkali products extensively for disinfection of recycled water, wastewater treatment process control, and to control odors in foul air scrubbings. Chlor-alkali products include 5.25% and 12.5% Sodium Hypochlorite (bleach) and 25%, 30%, and 50% Sodium Hydroxide (caustic soda); and WHEREAS, the City is a member of and participates in regional contracts to purchase wastewater treatment chemicals with SOCWA and other agencies that are collectively referred to as SOCWA entities (including Santa Margarita Water District, City of San Clemente, El Toro Water District, Irvine Ranch Water District, Trabuco Canyon Water District, and Moulton Niguel Water District); and
WHEREAS, the current Sodium Hypochlorite contract the City participates in through SOCWA with Olin Corporation/ Pioneer Americas, LLC will expire on June 30, 2025; and WHEREAS, SOCWA staff conducted a Request for Proposal process, and received four proposals for the various chlor-alkali products. The proposals were reviewed and evaluated by SOCWA staff, and the recommendation for the new Sodium Hypochlorite contract is JCI Jones Chemical, Inc., who had the lowest cost using the method in the Request for Proposals.
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 the City’s participation in a regional contract with SOCWA, JCI Jones Chemical, Inc. and SOCWA entities is hereby approved for a one-year term for the supply of Sodium Hypochlorite (bleach) to the City’s Water Reclamation Plant for wastewater treatment.
SECTION 3. That the City Manager is authorized and directed to execute such contract in an amount not to exceed $185,400 for the initial one-year term and in a form substantially similar to that presented to City Council on June 17, 2025.
Attachment 1
4 Resolution No. 25-92 Page 2
SECTION 4. That City Manager and the Public Works Director/City Engineer are hereby authorized to approve up to three optional one-year renewals such contract for amounts not to exceed the approved budget amounts for this chemical in each appropriate fiscal year.
SECTION 5. 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 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 ____________________, _______.
ATTEST:
___________________________ __________________________
City Clerk of the City of Steve Knoblock, Mayor of the
San Clemente, California City of San Clemente, California 5 Resolution No. 25-92 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. 25-92 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
6 CONTRACT SERVICES AGREEMENT BETWEEN THE SOUTH ORANGE COUNTY
WASTEWATER AUTHORITY AND OTHER PUBLIC ENTITIES AND PROVIDER FOR THE
DELIVERY AND SUPPLY OF SODIUM HYPOCHLORITE TO SOCWA WASTEWATER
TREATMENT FACILITIES
This Agreement is made and entered into this __________ 2025 (“Effective Date”), between on the one hand, the South Orange County Wastewater Authority (“SOCWA”), Santa Margarita Water District(“SMWD”), Moulton Niguel Water District (“MNWD”), El Toro Water District (“ETWD”), City of San Clemente (“CSC”), Irvine Ranch Water District (IRWD), Trabuco Canyon Water District (TCWD), and, on the other hand, JCI JONES INC (“PROVIDER”). For purposes of this Agreement, SOCWA, SMWD, MNWD, ETWD, CSC, IRWD, and TCWD are collectively referred to as “SOCWA Entities” and are individually referred to as an “Agency of the SOCWA Entities” or “Agency”. SOCWA Entities and PROVIDER may be referred to in this Agreement from time to time as “party” or “parties”.
RECITALS
WHEREAS, the SOCWA Entities desire to secure contract services to deliver and supply Sodium Hypochlorite for the referenced treatment facilities; and WHEREAS, PROVIDER represents that it has the necessary equipment, facilities, permits, and skills required to perform the necessary contract services.
NOW, THEREFORE, SOCWA and PROVIDER agree as follows:
SECTION 1 PROVIDER’S CONTRACTED SERVICES
1.1 PROVIDER will supply Sodium Hypochlorite to the facilities listed below meeting the Sodium Hypochlorite specifications and per ton price as found in Attachments 1 and 2.
South Orange County Wastewater Authority Facilities
J.B. Latham Treatment Plant
34156 Del Obispo St.
Dana Point, CA 92629
Coastal Treatment Plant
28303 Alicia Parkway
Laguna Niguel, CA 92677
Santa Margarita Water District Facilities
Chiquita Water Reclamation Facility (Chiquita WRF)
28792 Ortega Highway
San Juan Capistrano, CA 92690
Oso Creek Water Reclamation Facility (Oso WRF)
27204 E. La Paz Road
Mission Viejo, CA 92690
Nichols Water Reclamation Facility (Nichols WRF)
33608 Ortega Highway
San Juan Capistrano, CA 92690
Ground Water Recovery Plant
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attachment 2
7 Moulton Niguel Water District 3A Treatment Plant
26801 Camino Capistrano
Mission Viejo, CA 92691
Regional Treatment Plant
29201 La Paz Road
Laguna Niguel, CA 92677
City of San Clemente Water Reclamation Plant
380 Avenida Pico
San Clemente, CA 92672
El Toro Water District Facilities Water Recycling Plant 23542 Moulton Parkway
Laguna Hills, CA 92653
R-1/R-2 Reservoir
24251 Los Aliso Blvd.
Lake Forest, CA 92630
R-6 Reservoir
24251 Los Aliso Blvd.
Lake Forest, CA 92630
Irvine Ranch Water District Michelson Water Recycling Plant (MWRP)
3512 Michelson Dr.
Irvine, CA 92619
Los Alisos Water Recycling Plant (LAWRP)
22312 Muirlands
Lake Forest, CA 92630
Baker Water Treatment Plant (BWTP)
21082 Wisteria
Lake Forest, CA 92630
Deep Aquifer Treatment System (DATS)
1704 W Segerstrom
Santa Ana, CA 92704
Potable Treatment Plant (PTP)
126 Waterworks Way
Irvine, CA 92612
Wells 21 & 22
1221 Edinger Ave
Tustin, CA 92780
Initial Disinfection Facility (IDF)
8 2510 S. Susan Street
Santa Ana, CA 92704
Primary Disinfection Facility (PDF)
12915 Halladay Street
Santa Ana, CA 92707
Rattlesnake Reservoir
11997 Jeffrey Road
Irvine, CA 92620
Trabuco Canyon Water District
Robinson Ranch WRP
21397 Heritage Dr.
Trabuco Canyon, CA 92679
Dimension Water Treatment Plant
20904 Dimension Drive
Lake Forest, CA 92630
1.2 Provider represents and warrants that it is and will at all times during the performance of this Agreement remain aware of and comply with existing, revised, proposed, and new federal, State of California (“State”) and local rules and regulation (collectively, the “Regulation”) covering its activities in connection with the Contracted Services. Changes in Provider’s practices necessitated by any revision to such Regulations will be brought to the attention of the SOCWA Entities sufficiently in advance of implementation. The SOCWA Entities will not be responsible and have no duty to notify the Provider of any changes in Regulations regarding the operation or permitting of the Provider’s facility or equipment or Provider’s duties and obligations under this Agreement.
Changes in any Regulations will not constitute justification for amendments to this Agreement or any alteration or diminution in the duty and responsibility of Provider to provide the required services hereunder.
1.3 All equipment utilized in connection with Contracted Services shall be fully licensed by all applicable agencies to operate on the highways of the State and any other states as applicable.
Provider shall be responsible for ensuring that all licenses are current. The Provider shall be fully responsible for the proper licensing and training of its personnel. Provider shall produce evidence that Provider has developed programs required under the Omnibus Transportation Employee Testing Act of 1991. Provider shall be required to complete a hazardous materials manifest(s) prior to the transportation of every load to SOCWA facilities.
1.4 The Provider shall be responsible for cleaning up and removing all trash, grease, oil and debris that is the result of the specified work. All of the Provider equipment shall be kept clean and shall maintain a neat appearance. Cleaning or servicing of equipment shall not be undertaken at any SOCWA Entities facilities except for emergency repairs. Any spills or discharge at the SOCWA Entities facilities resulting from Provider’s operation will be promptly cleaned up by Provider.
1.5 Provider hereby certifies in writing that, to the best of its knowledge, the Provider safety programs and related employee training meets or exceeds all applicable local, State and Federal regulatory requirements for:
Injury and Illness Prevention Program
Emergency Action Plan
9 Hazard Communication Program
Personal Protective Equipment
1.5.1 In addition, Provider must adhere to all aspects of SOCWA’s Safety Program whenever the Provider or Provider’s field personnel, including any subcontractors of Provider are performing work in and around SOCWA’s treatment facilities. Provider acknowledges that SOCWA has provided, and Provider has received and understands SOCWA’s Safety Program as detailed in Attachment 3, which is incorporated by reference herein.
SECTION 2 TERM OF AGREEMENT
2.1 The term of this Agreement will be from the effective date as first written above until June 30, 2026. SOCWA may extend this Agreement for up to 3 annual periods beyond June 30, 2026 in one-year extension periods, not to exceed four (4) successive annual periods in total, SOCWA shall deliver notice of extension in writing for itself and any SOCWA Entities continuing participation.
Price increases, if any, for the extension periods, will be negotiated to the satisfaction of both parties and will not occur at a frequency of more than once per year, coinciding with the anniversary date of the Effective Date. The extension must be agreed upon at least sixty (60) days prior to the termination of the Agreement unless otherwise waived by the Parties.
SECTION 3 COMPENSATION FOR SERVICES
3.1 In consideration for Contracted Services provided under this Agreement, SOCWA Entities agree to compensate CONTRACTOR according to the rates set forth in Attachment 2. The rates of compensation contained therein shall be inclusive of all product, freight, shipping, delivery and other costs of performing the Contracted Services, but excluding sales taxes and fees, which will be paid by SOCWA Entities.
3.2 Taxes and Fees. Applicable taxes and regulatory fees will be applied based on the location of the delivery facility. Applicable taxes and regulatory fees will be itemized and included with each invoice by facility, which will be paid by SOCWA Entities.
3.3 Impacts from Tariffs. The parties acknowledge and agree that tariffs, levies, duties, taxes, or laws/regulations of similar effect (collectively, “Tariffs”) may go into effect after the date hereof, and Vendor has not included the impact of any Tariffs in the Contract pricing. In the event that the cost of producing contracted products escalates prior to the expiration of the Contract Time due to Tariffs, whether such escalation is the result of direct Tariff assessments or the impact of Tariffs on demand and price for internationally or domestically produced chemicals, Vendor shall: (i) inform SOCWA of such escalation and shall provide back-up documentation sufficient to establish and support such escalation; (ii) use commercially reasonable efforts to work with SOCWA to develop mitigation strategies; (iii) be entitled to an increase in the contracted price per gallon to the extent of any substantiated material price escalation, without any markup or overhead increases.
SECTION 4 PAYMENTS FOR SERVICE
4.1 Compensation will be billed by Provider per the SOCWA requested format and will be based upon the actual work performed during the designated time period. Invoices will include delivery date(s), location of delivery and shall be submitted to SOCWA Entities receiving deliveries as set forth in this Agreement. Each Agency of the SOCWA Entities, respectively, will make payment to Provider within thirty (30) calendar days of receipt and approval of the invoices by such Agency, provided all required documentation is attached to such invoices. Each Agency of the SOCWA 10 Entities agrees with the other Agencies of the SOCWA Entities that each shall be responsible for payment of the Contract Services provided by Provider to such Agency’s facilities or plants.
To receive the timely payment of Providers’ s invoices, send billings to:
For Contracted Services rendered for SOCWA Facilities:
email invoices to [email protected]
or mail to: SOCWA - Accounts Payable
34156 Del Obispo Street
Dana Point, CA 92629
Attn: Accounts Payable
Invoice MUST include a PO # for the respective plant where delivery was made. SOCWA’s Fiscal Year End is June 30th all invoices must be submitted for payment by the 15th of the previous month.
For Contracted Services rendered for SMWD Facilities:
Mail invoices to: SMWD - Accounts Payable
PO Box 7005
Mission Viejo, CA 92690-70
For Contracted Services rendered for MNWD Facilities:
Mail invoices to: MNWD - Accounts Payable
Attention: Purchasing Department
P.O. Box 30203
Laguna Niguel, CA 92607-0203
For Contracted Services rendered for ETWD Facilities:
Mail invoices to: ETWD-Accounts Payable
PO Box 4000
Laguna Hills, CA 92654
For services rendered for the City of San Clemente WRP Facility:
Mail invoices to: City of San Clemente-Attn: Accounts Payable 380 Avenida Pica, Bldg. N
San Clemente, CA 92672
For services rendered for the City of Irvine Ranch Water District Facility:
Mail invoices to: Irvine Ranch Water District
Attn: Accounts Payable
P.O. Box 57000
Irvine, CA 92619-7000
Mail invoices to: Trabuco Canyon Water District
Attn: Accounts Payable
11 32003 Dove Canyon Dr.
Trabuco Canyon, CA 92679
4.2 Acceptance and payment by the Agency of the SOCWA Entities for Contracted Services furnished hereunder, will not in any way relieve the Provider of its responsibility to provide Contracted Services in strict accordance with Regulations. Neither an Agency of the SOCWA Entities acceptance of, nor payment for any Contracted Services will be construed to operate as a waiver of any rights an Agency may have under this Agreement or of any cause of action or claim arising out of the performance of this Agreement.
SECTION 5 TERMINATION OF AGREEMENT
5.1 If, during the term of this Agreement, SOCWA, SMWD, MNWD, ETWD, TCWD, CSC, IRWD, or TCWD determines that Provider is not faithfully abiding by any term or condition contained herein, any (or all) such agencies (“Affected Agencies”) may notify Provider in writing of such defect or failure to perform. Such notice must allow Provider a ten (10) calendar day period thereafter in which to perform services or cure the deficiency related to the affected Agency’s specified facility within the specified period. After such 10-day period, if the Provider has not satisfactorily performed the services or cured the deficiency, this will constitute a breach of this Agreement, and the affected agency may terminate the Agreement as it applies to such affected Agency by written notice to Provider. At such time, the Provider will be entitled to the reasonable value of its Contracted Services performed from the beginning of the period in which the breach occurs, through the effective date of termination; which shall be offset by the affected Agency’s damages from such breach through the remaining term of the Agreement, including any agreed upon extensions. Notwithstanding this section 5.1, in no event will Provider be entitled to receive in excess of compensation as specified under Section 3 of this Agreement.
5.2 SOCWA may terminate this Agreement for convenience at any time upon 90 days’ written notice to Provider, in which case, SOCWA will pay Provider for all Contracted Services performed and all expenses incurred under this Agreement up to and including the effective date of termination.
No compensation will be payable for anticipated profit on unperformed services.
SECTION 6 LIABILITY
6.1 Provider is an independent contractor and not an employee of the SOCWA Entities. No permitted or required approval by any of the SOCWA Entities hereunder or in connection with Provider’s services will be construed as making the SOCWA Entities responsible for the manner in which Provider performs such Contracted Services. Such approvals are intended only to give the SOCWA Entities the right to satisfy themselves with the quality of Contracted Services performed by Provider.
6.2 Provider will indemnify, defend and hold harmless the SOCWA Entities, the member agencies of SOCWA (which include both Agency participants in this Agreement and other SOCWA Member Agencies, and each of their officers, directors, agents and employees (collectively and individually the “Indemnitees”), from and against all claims, demands, losses, damages, costs, expenses, and legal liability arising from, connected with, or resulting from or claimed to have arisen out of, in connection with or resulted from, Provider’s Contracted Services and work hereunder including (a) bodily injury to or death of persons, and personal injury, including but not limited to, third parties and employees, directors and officers of the Indemnitees, Provider, and third parties, and damage or injury to natural resources (b) violation of any Regulations, including but not limited to strict 12 liability imposed by Regulations; (c) and any other claims, demands, losses, damages, costs, expenses, attorneys’ fees and liability connected with or arising from, or as a result of Provider’s Contracted Services or work under this Agreement; excepting only such claims, losses, demands, damages, costs, expenses, attorneys’ fees and liability caused by the sole negligence or willful misconduct of the indemnitees.
Provider Acknowledges that any claim, demands, losses, damages, costs, expenses, and legal liability that arise out or result from or are in any way connected with the release or spill of any hazardous material (as designated under the Regulations), by-Sodium Hypochlorite or residue as a result of the Contracted Services or work performed under this Agreement by Provider are expressly within the scope of this indemnity, and that the costs, expenses, and liability for (a) environmental investigations, monitoring, containment, abatement, removal, repair, cleanup, restoration and remedial work; (b) penalties and fines arising from the violation of the Regulations; and (c) attorneys’ fees, disbursements and other response costs, are all expressly within the scope of this Indemnity.
Provider shall, on the Indemnitee’s request, defend any action, claim or suit asserting a claim covered by this Indemnity clause. Provider shall pay all costs that may be incurred by the indemnitees in enforcing this indemnity, including reasonable attorney’s fees. This indemnity obligation shall survive the termination of this Agreement by any party hereto.
6.2.1 SOCWA shall indemnify MNWD, SMWD, ETWD, CSC, IRWD, and TCWD in their individual entity capacities and not as a member agency of SOCWA, and each of their respective officers, directors, employees and agents against, and shall hold and save them and each of them harmless from, and all actions, claims, damages to persons or property, penalties, obligations or liabilities of any kind that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, governmental entity or agency or other organization arising out of or in connection with the negligence or willful misconduct of SOCWA in the performance of this Agreement.
6.2.2 SMWD shall indemnify SOCWA, and its member agencies (excluding SMWD), ETWD, IRWD, TCWD and CSC and each of their respective officers, directors, employees and agents against, and shall hold and save them and each of them harmless from any and all actions, claims, damages to persons or property, penalties, obligations or liabilities of any kind that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, governmental entity or agency or other organization arising out of or in connection with the negligence or willful misconduct of SMWD in the performance of this Agreement.
6.2.3 CSC shall indemnify SOCWA, and its member agencies (excluding CSC), ETWD, SMWD, IRWD, TCWD and each of their respective officers, directors, employees and agents against, and shall hold and save them and each of them harmless from any and all actions, claims, damages to persons or property, penalties, obligations or liabilities of any kind that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, governmental entity or agency or other organization arising out of or in connection with the negligence or willful misconduct of CSC in the performance of this Agreement.
6.2.4 ETWD shall indemnify SOCWA, and its member agencies (excluding ETWD), CSC, SMWD, IRWD, and TCWD and each of their respective officers, directors, employees and agents against, and shall hold and save them and each of them harmless from any and all actions, claims, damages to persons or property, penalties, obligations or liabilities of any kind that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, governmental entity or 13 agency or other organization arising out of or in connection with the negligence or willful misconduct of ETWD in the performance of this Agreement.
6.2.5 MNWD shall indemnify SOCWA, and its member agencies (excluding MNWD), SMWD, ETWD, IRWD, TCWD and CSC and each of their respective officers, directors, employees and agents against, and shall hold and save them and each of them harmless from any and all actions, claims, damages to persons or property, penalties, obligations or liabilities of any kind that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, governmental entity or agency or other organization arising out of or in connection with the negligence or willful misconduct of SMWD in the performance of this Agreement.
6.2.6 IRWD shall indemnify SOCWA, and its member agencies (excluding IRWD), SMWD, ETWD, TCWD, MNWD and CSC and each of their respective officers, directors, employees and agents against, and shall hold and save them and each of them harmless from any and all actions, claims, damages to persons or property, penalties, obligations or liabilities of any kind that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, governmental entity or agency or other organization arising out of or in connection with the negligence or willful misconduct of SMWD in the performance of this Agreement.
6.2.7 TCWD shall indemnify SOCWA, and its member agencies (excluding TCWD), IRWD, SMWD, ETWD, and CSC and each of their respective officers, directors, employees and agents against, and shall hold and save them and each of them harmless from any and all actions, claims, damages to persons or property, penalties, obligations or liabilities of any kind that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, governmental entity or agency or other organization arising out of or in connection with the negligence or willful misconduct of SMWD in the performance of this Agreement.
SECTION 7 INSURANCE
7.1 In addition to the requirements set forth below in this Section 7, during the course of the Agreement, Provider will pay for and maintain, in full force and effect, all insurance required by any governmental agency having jurisdiction to require particular insurance of Provider in connection with or related to the services covered under this Agreement.
7.2 Provider will furnish satisfactory proof by certificate or otherwise as may be required by the SOCWA Entities that it has taken out public or commercial liability and property damage insurance naming the SOCWA, its member agencies, MNWD, ETWD, SMWD, IRWD, TCWD and CSC, and each of their directors, officers, agents and employees as additional insureds under such policies, in accordance with the terms of this Agreement (see Section 7.5). Provider shall furnish each individual Agency of the SOCWA Entities herein with certificates of insurance naming each such individual Agency as an additional insured.
7.3 The insurance will be comprehensive in form and cover all indemnity and other contractual obligations set forth in this Agreement, and will insure against (1) claims, loss or damages on account of bodily injury and personal injury, including death resulting therefrom, caused or alleged to have been caused directly or indirectly from the performance or execution of this Agreement or performance of Contracted Services hereunder by Provider, its employees, officers, agents and (2) claims, loss or damages to any property caused or alleged to have been caused directly or indirectly by the performance or execution of the Agreement or performance of the Contracted Services hereunder by Provider, its employees, officers and agents and any subcontractor thereof. Such 14 insurance will also adequately insure against all injury, death, claims, loss, damage or accidents caused by or alleged to have been caused directly or indirectly by the use and operation of automobiles, trucks and/or other mobile or stationary equipment. Provider will maintain worker’s compensation insurance, including occupational disease provisions, under the laws of the State or other state (as applicable) and employer’s liability insurance for the benefit of its employees. All said public or commercial liability and auto liability and other insurance will be for the period of performance under this Agreement and shall be on a per occurrence basis and any and all aggregate amounts, if applicable, must be stated in the certificates provided hereunder. The amounts of coverage of said insurance will not be less that the following:
INSURANCE COVERAGE AMOUNT PER
OCCURRENCE
Aggregate
General Liability- Bodily,
Personal Injury; Property
Damage
$3,000,000 $5,000,000
Auto Liability – Bodily,
Personal Injury; Property
Damage
1,000,000 $5,000,000
Employers Liability – Bodily
Injury by Accident
1,000,000 $5,000,000
Employers Liability – Bodily
Injury by Disease
1,000,000 $5,000,000
7.4 Said policies will have a clause providing that thirty (30) calendar days written notice by registered mail will be given to the SOCWA Entities prior to any cancellation or amendment to such policies, Such insurance will be issued and underwritten by insurance companies having at least an Apolicyholders rating and financial rating not less than Class VII in accordance with the most current Best’s Rating Guide. The insurance companies shall be admitted and licensed to do business in the State and have an agent for service of process in the State. Provider may satisfy the limit requirements in a single policy or multiple policies, provided, however, that any such additional policies written as excess insurance will not provide any less coverage than that provided by Provider’s first or primary policy. All policies of insurance and certificates of insurance showing compliance with the terms of this Section 7 will be furnished to each Agency of the SOCWA Entities concurrently with Provider’s execution of this Agreement and upon renewal thereafter.
7.5 All of the above policies of insurance shall be primary insurance and shall name “SOCWA, and its member agencies, including but not limited to MNWD, SMWD, MNWD, ETWD, CSC, IRWD, and TCWD and each of their officers, employees, directors and agents” as additional insureds (the Additional Insureds) by endorsements. The insurer shall waive all rights of subrogation and contribution it may have against the Additional Insureds and their respective insurers and the certificates of insurance shall set forth the waiver of subrogation by separate endorsement as necessary. In the event any of said policies or insurance are canceled, Provider shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section 7 to each Agency. No work or services under this Agreement shall commence until Provider has provided 15 the SOCWA Entities with certificates of insurance and endorsements and said certificates of insurance and endorsements are approved by the SOCWA Entities.
7.6 In the event Provider subcontracts any portion of the services under this Agreement, the contract between Provider and such subcontractor shall require the subcontractor to maintain the same policies of insurance that Provider is required to maintain pursuant to this Section 7, and to name the Additional insureds under the policies identified above, in accordance with all of the requirements of this Section 7.
7.7 Nothing in the insurance requirements set forth in this Agreement is to be construed as limiting the liability of Provider or Provider’s insurers. Provider agrees that the provisions of Section 7 shall not be construed as limiting in any way the extent to which Provider may be held responsible for the payment of damages or other costs to the SOCWA Entities or to SOCWA members agencies, or any persons or property, resulting from Provider’s activities or the activities of any person or persons for which Provider is otherwise responsible including Provider’s subcontractors.
SECTION 8 ADDITIONAL PROVISIONS
8.1 This Agreement represents the entire understanding of the SOCWA Entities and Provider as to those matters contained herein. No prior oral or written understanding will be of any force or effect with respect to those matters covered hereunder.
8.2 This Agreement may not be modified or altered except in writing signed by all parties. Provider represents and warrants that its Authorized representative, SOCWA’s General Manager or his/her designee has been duly and validly authorized to enter into this Agreement.
8.3 Any notice required or permitted to be given hereunder in not otherwise specified herein may be given or delivered by depositing the same in the United States Post Office, registered or certified, postage prepaid, or by personal service a hand delivery, and addressed to:
To SOCWA: SOCWA
Attn: General Manager
34156 Del Obispo St.
Dana Point, CA 92629
949-234-5430
To Provider: JCI Jones Chemicals, Inc.
Attn: ________________________
1765 Ringling Blvd.
Sarasota, FL 34236
8.4 The Provider shall not assign this Agreement, nor any part thereof, nor any monies due, or to become due hereunder, without prior written consent of the SOCWA Entities. Any assignment by the Provider without the SOCWA Entities’ approval shall be cause for termination of this Agreement at the sole option of the SOCWA Entities. In no event shall any contractual relationship be created between any third party and the SOCWA Entities.
8.5 In the event an action is filed by either party to enforce any rights or obligations under this Agreement, the prevailing party will be entitled to recover all attorney’s fees and court costs, in addition to any other relief granted by the Court.
16 8.6 This Agreement will be interpreted and enforced in accordance with the laws of the State of California. In the event of any legal action to enforce or interpret this Agreement, the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California, and the parties hereto agree to and do hereby submit to the jurisdiction of such court.
8.7 Each Agency of the SOCWA Entities acknowledges and agrees with the other Agency of the SOCWA Entities that this Agreement is not intended to establish a joint exercise of powers arrangement under and pursuant to laws of the State with respect to the contractual matters hereunder among such agencies; further, MNWD, SMWD, ETWD, IRWD, TCWD and CSC each agree that the existing joint powers agreement establishing SOCWA and the joint powers arrangements established pursuant to that agreement, have no bearing or effect on this Agreement and the application thereof to the MNWD facilities, SMWD facilities, ETWD facilities, IRWD facilities, TCWD facilities, or the CSC WRP.
8.8 This Agreement may be executed in counterparts, each of which shall be deemed an original.
8.9 Neither acceptance of, nor payment for any of the services provided for herein, shall be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement.
8.10 Provider is an independent contractor and not an employee of the SOCWA Entities. Provider is free from the control and direction of the SOCWA Entities in connection with the performance of the work, Provider performs work that is outside the usual course of the SOCWA Entities’ business, and Provider is customarily engaged in an independently established trade, occupation, or business of the same nature as that involved in the work performed. To the maximum extent allowable by law, Provider agrees to indemnify, defend and hold harmless SOCWA Entities from any and all liability, damages or losses (including attorneys’ fees, costs, penalties and fines) SOCWA Entities suffer as a result of a third party’s designation of Provider or its employees as an employee of SOCWA Entities, regardless of any actual or alleged negligence by SOCWA Entities.
8.11 If this Agreement involves an expenditure of public funds in excess of Ten Thousand Dollars ($10,000), the Agreement is subject to examination and audit of the State Auditor, at the request of SOCWA Entities or as part of any audit of SOCWA Entities, for a period of three (3) years after final payment under the Agreement. Provider shall cooperate with SOCWA Entities regarding such audit at no charge to SOCWA Entities.
8.12 If any provision of this Agreement as applied to either party or to any circumstance shall be adjudged by a court of competent jurisdiction to be void or unenforceable for any reason, the same shall in no way affect (to the maximum extent permissible by law) any other provision of this Agreement, the application of any such provision under circumstances different from those adjudicated by the court, or the validity or enforceability of this Agreement as a whole.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first above written.
SOUTH ORANGE COUNTY WASTEWATER AUTHORITY
BY: _______________________________________________ DATE: ___________________ AMBER BOONE; GENERAL MANAGER
17 APPROVED AS TO FORM:
SNELL & WILMER
Legal Counsel -SOCWA
BY: _______________________________________________ DATE: ___________________
ADRIANA OCHOA
SANTA MARGARITA WATER DISTRICT
BY: _______________________________________________ DATE: ___________________
GENERAL MANAGER
MOULTON NIGUEL WATER DISTRICT
BY: _______________________________________________ DATE: ___________________
GENERAL MANAGER
CITY OF SAN CLEMENTE
BY: _______________________________________________ DATE: ___________________
CITY MANAGER
EL TORO WATER DISTRICT
BY: _______________________________________________ DATE: ___________________
GENERAL MANAGER
TRABUCO CANYON WATER DISTRICT
BY:_______________________________________________ DATE:___________________
GENERAL MANAGER
IRVINE RANCH WATER DISTRICT
BY:_______________________________________________ DATE:___________________ 18 GENERAL MANAGER
JCI JONES CHEMICALS, INC.
BY: _______________________________________________ DATE: ___________________ TITLE: _____________________________________________
19 Attachment 1
JCI JONES CHEMICALS, INC.
Product Specification
Sunny So1® 150 (FILTERED)
(PAGES 10 THRU 31 IN PROPOSAL)
20 Attachment 2
Compensation Rates -Sodium Hypochlorite
Chloro Alkali Products (Sodium Hypochlorite)
12.5% & 5.25% Hypochlorite
Product Delivery Volume
Sodium Hypochlorite - 12.5% (501-1000 gals) $3.2038 gallon Sodium Hypochlorite - 12.5% (1001-2000 gals) $2.4038 gallon Sodium Hypochlorite - 12.5% (2001-3000 gals) $1.9538 gallon Sodium Hypochlorite - 12.5% (3001-4000 gals) $1.7538 gallon Sodium Hypochlorite - 12.5% (4001-4500 gals) $1.6538 gallon Sodium Hypochlorite - 12.5% (>4500 gals) $1.5838 gallon Sodium Hypochlorite - 5.25% (>4500 gals) $1.0538 gallon Plus, all applicable state and local fees and taxes including applicable charges for split load deliveries of $120.00/stop - after 1 free stop.
Additional Unloading Time $113.00 per hour
Fuel Surcharge Included
Prices do not include applicable sales tax or California Mill Assessment fees.
Attachment 3
SOCWA SAFETY AND ACCIDENT PREVENTION REQUIREMENTS
1. General: In addition to the requirements set forth in proposal and Contract documents, Vendor, 21 Consultant, or Contractor ("Contractor") shall adhere to the following requirements.
2. Safety Meeting: Contractor shall meet with personnel from SOCWA's staff before the start of the Agreement. All subcontractors should be present at this meeting. Contractor is responsible for informing all subcontractors of the items discussed at this meeting. This meeting shall occur within five (5) working days of the Notice to Proceed.
3. Personal Protective Equipment: SOCWA requires, safety glasses, long pants, shirts, and safety toed footwear will be worn on the plant premises and SOCWA job sites. In addition, hard hats, safety glasses, Class 2 safety vest, and safety toed footwear are required on all construction sites and where posted. Other personal protective equipment is required where posted or required by regulation. Face shields and safety goggles shall also be required to be worn when working around pressured chemical systems at connections, disconnections, adjustments, and observations. It is the responsibility of Contractor to inform the delivery truck drivers of this obligation and train them in these requirements.
Lack of safety equipment or failure to use safety equipment will be cause for termination of the Agreement.
4. Regulations: Contractor agrees to conform to all applicable Federal and State Occupational Safety and Health Act (OSHA), California Labor Code, South Coast Air Quality Management District (SCAQMD), and California Hazardous Waste and Federal Department of Transportation regulations.
Lack of compliance with applicable regulations may be cause for termination of the Agreement.
5. SOCWA Policy: Contractor agrees to conform to all applicable SOCWA policies, procedures, and programs. SOCWA policy is more stringent than Cal-OSHA in many instances. Contractor shall be responsible for obtaining applicable SOCWA policies, procedures, and programs from SOCWA. Lack of compliance with applicable SOCWA policies, procedures or programs may be cause for termination of the Agreement.
6. Plant Speed Limits: The posted speed limit is 15 miles per hour. Violators of the speed limit may have their vehicle banned from the site.
7. Periodic Safety Meetings: The Contractor agrees to send representatives to periodic Contractor Safety meetings if the Contractor is on-site, or if this Agreement is in effect.
8. MSDS Sheets: Contractor shall provide SOCWA with Material Safety Data Sheets (MSDS) for all applicable materials before the material is brought on site.
9. Materials Spill Response Plan: Contractor shall have and maintain an effective materials spill response plan to minimize environmental impacts. Said plan must be forwarded in writing to SOCWA approximately 30 calendar days after the award of the Agreement, and prior to providing scheduled services.
10. Smoking: Smoking is only allowed in designated areas. Smoking is not allowed in any building, electrically classified area or process area where methane gas may be present. Lack of compliance with SOCWA Smoking policy will be cause for the removal of offending personnel from the site, termination of the Agreement, or both.
11. Training Certification: When required by regulation, certificates of training shall be maintained on-site for the duration of the activity that requires an employee to be certified. Certificates shall be current. Lack of certificates, when required, will be cause for removal of offending personnel form the 22 site, termination of the Agreement, or both.
12. Drug-Free Workplace: Employers awarded a contract must adhere to the California Drug-Free Workplace Act, Sections 8350 through 8357.
23 Agenda Item 8.C.
Budgeted: Yes
Budget amount: $265,500
Line Item: PC 2 and 15 - Line Items 5006
and 5009
Legal Counsel Review: Yes
Meeting Date: June 5, 2025
TO: Board of Directors
FROM: Amber Boone, General Manager
STAFF CONTACT: Jim Burror, Deputy General Manager/Chief Engineer SUBJECT: Chlor Alkali Products 5.25%-12.5% Sodium Hypochlorite (Bleach) and 30%-50% Sodium Hydroxide (Caustic Soda) Contract Award
[Project Committees 2 and 15]
Summary
SOCWA staff requests that the Board authorize the General Manager to execute two contracts to supply and deliver chlor alkali products to the South Orange County Wastewater Authority (SOCWA), City of San Clemente (CSC), Moulton Niguel Water District (MNWD), Santa Margarita Water District (SMWD), Trabuco Canyon Water District (TCWD), El Toro Water District (ETWD), and Irvine Ranch Water District (IRWD).
The estimated value for the contracts for SOCWA over the next 4 years is $1,300,000. The estimated value for the contracts for SOCWA and the member agencies over the next 4 years is about $7,500,000. Since the value of the chlor alkali products contracts exceed $100,000 per year, SOCWA’s Uniform Purchasing Policy 1.715 requires the Board to authorize the General Manager to execute these contracts.
Discussion/Analysis
SOCWA and the participating agencies use chlor-alkali products extensively in the treatment plants for disinfection of recycled water, wastewater treatment process control, and to control odors in foul air scrubbings. Chlor-Aikali products include 5.25% and 12.5% sodium hypochlorite (bleach) and 25%, 30%, and 50% sodium hydroxide (caustic soda). The proposals were reviewed and evaluated by SOCWA staff.
SOCWA received proposals from the following companies (in alphabetical order):
• Brenntag Pacific, Inc. (Brenntag)
• JC Jones, Inc. (JC Jones)
• NorthStar Chemical, Inc. (a DBA of Pacific Star Chemical, LLC.) (NorthStar) • Olin, Inc. (Olin)
107
Attachment 3
24 Chlor Alkali Products Contract Award Page 2 of 6
June 5, 2025
Initial Proposal Review for Minimum Requirements
The initial review of all the proposals was that they were responsive to the Request for Proposals.
NorthStar only proposed to provide sodium hydroxide. Olin only proposed to provide sodium hypochlorite. Brenntag did not propose to provide 5.25% sodium hypochlorite used by ETWD.
Brenntag proposes an initial contract term of 6 months; all the other vendors proposed a 12-month initial term.
Initial Rating of Responsive Proposals
During the review of the proposals, SOCWA staff determined that the best value for SOCWA and the participating agencies is to pursue two (2) contracts. This is because splitting contracts by chemical type leverages vendor specialization and maximizes potential cost savings. The vendors were rated using the following weighted criteria:
• Compensation rate (30 points)
• Experience/qualifications (10 points)
• Product integrity (10 points)
• Reference testimony (10 Points)
The ratings and estimated contract costs for the proposals are included in Tables 1 through 6:
Table 1 - Sodium Hypochlorite (Bleach) Proposal Ratings (in alphabetical order) Company
Costs (up
to 30
points)
Experience
(up to 10
Points)
Product
integrity/Specs
(up to 10
points)
References
(up to 10
points)
Total (up
to 60
points)
Brenntag 0 9 10 5 24
JCI Jones 30 9 10 10 59
Olin 1.62 10 10 10 32.62
Brenntag
Brenntag had the highest cost using the method in the Request for Proposal document. They have many active water and wastewater agency bleach contracts in Southern California. Two of the three Brenntag references provided did not respond to SOCWA’s requests for information.
SOCWA staff contacted SCWD staff regarding their past contract(s) with Brenntag. Brenntag does have three Southern California production sites, more than the other vendors.
JCI Jones
JCI Jones had the lowest cost using the method in the Request for Proposal document. They have many active water and wastewater agency bleach contracts in Southern California. The references JCI Jones provided provided positive feedback and did not note delivery issues, safety concerns, or contract issues. SOCWA used JCI in the past for bulk chlorine deliveries and did not have any noted issues with deliveries, safety, or contract issues. JCI Jones has one Southern California production site and eleven (11) nationally.
108
25 Chlor Alkali Products Contract Award Page 3 of 6
June 5, 2025
Olin
Olin had the second-lowest cost using the method in the Request for Proposal document, but the cost result was very close to the highest score of Brenntag’s. Thus, the straight-line method used to determine the weighted cost points is near Brenntag’s. Olin is the current provider of bleach to SOCWA and its member agencies. They also have many other active water and wastewater agency bleach contracts in Southern California. SOCWA staff and the references Olin provided provided positive feedback and did not note any delivery issues, safety concerns, or contract issues. Olin has one Southern California production site and thirteen (13) nationally.
Table 2 - Sodium Hypochlorite (Bleach) Proposal Pricing ($/Gallon)(1) Chemical and Concentration Delivery Vol. Brenntag JCI Olin Current Sodium Hypochlorite - 12.5% (501-1000 gals) $3.95 $3.2038 DNP $3.09 Sodium Hypochlorite - 12.5% (1001-2000 gals) $2.99 $2.4038 DNP $2.82 Sodium Hypochlorite - 12.5% (2001-3000 gals) $2.79 $1.9538 DNP $2.65 Sodium Hypochlorite - 12.5% (3001-4000 gals) $2.49 $1.7538 DNP $2.49 Sodium Hypochlorite - 12.5% (4001-4500 gals) $2.28 $1.6538 DNP $2.35 Sodium Hypochlorite - 12.5% (>4500 gals) $2.25 $1.5838 DNP $2.22 Sodium Hypochlorite - 5.25% (>4800 gals) DNP $1.0538 DNP $1.30 (1) Prices do not include applicable fees, taxes, and tariffs that will be included in the contract terms and conditions.
Table 3 - Sodium Hypochlorite (Bleach) Proposal Pricing Annual Estimated Contract Value (1) (in alphabetical order)
Vendor
Est. Annual Contract
Value(1)
Brenntag $225,304
JCI Jones $158,594
Olin $222,300
Current $222,300
(1) Calculated based on SOCWA’s CY2024 usage.
Table 4 - Sodium Hydroxide (Caustic Soda) Proposal Rating Table (in alphabetical order) Company
Costs (up
to 30
points)
Experience
(up to 10
Points)
Product
integrity/Specs
(up to 10
points)
References
(up to 10
points)
Total (up
to 60
points)
Brenntag 0 9 10 5 24
JCI Jones 21.2 10 10 10 51.2
Northstar 30 10 8 10 58
Brenntag
Brenntag had the highest cost using the method in the Request for Proposal document. They have many active water and wastewater agency caustic soda contracts in Southern California. 109
26 Chlor Alkali Products Contract Award Page 4 of 6
June 5, 2025
Two of the three Brenntag references provided did not respond to SOCWA’s requests for information. SOCWA staff contacted SCWD staff regarding their past contract(s) with Brenntag.
Brenntag does have three Southern California production sites, more than the other vendors.
JCI Jones
JCI Jones had the second-lowest cost using the method in the Request for Proposal document.
The cost result was near the middle of the costs the other two proposers proposed. They have many active water and wastewater agency caustic soda contracts in Southern California. The references JCI Jones provided provided positive feedback and did not note delivery issues, safety concerns, or contract issues. SOCWA used JCI in the past for bulk chlorine deliveries and did not have any noted issues with deliveries, safety, or contract issues. JCI Jones has one Southern California production site and eleven (11) nationally.
NorthStar
NorthStar had the lowest cost using the method in the Request for Proposal document. NorthStar is the current provider of caustic soda to SOCWA and its member agencies. They also have many other active water and wastewater agency caustic soda contracts in Southern California. SOCWA staff and the references NorthStar provided positive feedback and did not note delivery issues, safety concerns, or contract issues. NorthStar imports all its caustic soda from overseas.
However, NorthStar has not had any supply interruptions over the past 6 years, during which SOCWA has been contracting with NorthStar for caustic soda.
Table 5 - Sodium Hydroxide (Caustic Soda) Proposal Pricing ($/Gallon)(1) Chemical and Concentration Delivery Vol. Brenntag JCI NorthStar Current Sodium Hydroxide - 50% (1-500 gals) $5.25 $7.00 $3.60 $5.20 Sodium Hydroxide - 50% (501-1000 gals) $4.89 $4.70 $3.40 $4.45 Sodium Hydroxide - 50% (1001-2000 gals) $4.45 $3.50 $2.99 $3.99 Sodium Hydroxide - 50%(2) (2001-4000 gals) $3.99 $2.90
See
below $3.60
Sodium Hydroxide - 50%(2) (2001-3000 gals)
See
above
See
above $2.89
See
above
Sodium Hydroxide - 50%(2) (3001-4000 gals)
See
above
See
above $2.27
See
above
Sodium Hydroxide - 50%(2) (4001-4500 gals) $3.49 $2.65
See
above $2.98
Sodium Hydroxide - 50% (>4500 gals) Full Load $3.49 $2.60 $2.27 $2.98 Sodium Hydroxide - 30% (1-500 gals) $4.45 $6.00 $2.36 $3.63 Sodium Hydroxide - 30% (501-700 gal) $4.05 $3.60 $2.14 $3.18 Sodium Hydroxide - 30% (701-1000 gals) $4.05 $2.85 $1.97 $2.85 Sodium Hydroxide - 30% (1001-2000 gals) $3.45 $2.40 $1.86 $2.43 Sodium Hydroxide - 30% (2001-3000 gals) $2.65 $1.80 $1.69 $2.19 Sodium Hydroxide - 30% (3001-4000 gals) $2.65 $1.60 $1.50 $2.14 Sodium Hydroxide - 30% (>4000 gals) Full Load $2.26 $1.55 $1.40 $1.80 Sodium Hydroxide - 25% (501-1500 gals) $2.65 $3.30 $1.70 $2.30 (1) Prices do not include applicable fees, taxes, and tariffs that will be included in the contract terms and conditions.
(2) 2001 to 4000 gallons was bifurcated by NorthStar, as presented above. This did not affect the weighted cost ratings assessment.
110
27 Chlor Alkali Products Contract Award Page 5 of 6
June 5, 2025
Table 6 - Sodium Hydroxide (Caustic Soda) Proposal Pricing Annual Estimated Contract Value (1) (in alphabetical order)
Vendor
Est. Annual Contract
Value(1)
Brenntag $50,593
JCI Jones $37,691
Northstar $32,907
Current $43,200
(1) Calculated based on SOCWA’s CY2024 usage.
Last Best and Final Offer Process (BAFO)
SOCWA staff contacted JCI regarding its sodium hypochlorite proposal. SOCWA staff requested that the pricing be extended to 12 months from the 6 months proposed by JCI. JCI accepted SOCWA’s request for a 12-month term.
SOCWA staff, in coordination with Counsel, worked with JCI and NorthStar to develop tariffrelated contract language. At this time, only NorthStar could provide a cost impact for the current tariffs placed on countries involved with their chemical production supply chain (a 10% tariff on materials from Japan and Korea). These impacts on NorthStar are as follows:
Proposed Tariff Impact per $/Gallon as of 5/1/25
Sodium Hydroxide 50% $0.14
Sodium Hydroxide 30% $0.07
Sodium Hydroxide 25% $0.06
To address tariff impacts and the ongoing uncertainty of changes to tariffs during the duration of the contract period, the following terms will be incorporated into these chemical contracts:
Impacts from Tariffs. The parties acknowledge and agree that tariffs, levies, duties, taxes, or laws/regulations of similar effect (collectively, “Tariffs”) may go into effect after the date hereof, and Vendor has not included the impact of any Tariffs in the Contract Sum. In the event that the cost of producing contracted products escalates prior to the expiration of the Contract Time due to Tariffs, whether such escalation is the result of direct Tariff assessments or the impact of Tariffs on demand and price for internationally or domestically produced chemicals, Vendor shall: (i) inform SOCWA of such escalation and shall provide back-up documentation establishing such escalation; (ii) use commercially reasonable efforts to work with SOCWA to develop mitigation strategies; (iii) be entitled to an increase in the contracted price per gallon to the extent of any substantiated material price escalation.
Proposal and BAFO Process Conclusions
SOCWA staff finds that the vendors with the highest ratings are JCI Jones for sodium hypochlorite (bleach) and NorthStar Chemical for sodium hydroxide (caustic soda).
Prior Related Project Committee or Board Action(s)
111
28 Chlor Alkali Products Contract Award Page 6 of 6
June 5, 2025
None
Fiscal Impact
Not including potential Tariff impacts, it is estimated that there will be an annual cost decrease of $64,000, or about 29%, for sodium hypochlorite (bleach) and an annual cost decrease of $5,500, or about 13%, for sodium hydroxide (caustic soda).
Recommended Action: Staff recommends that the Board of Directors authorize the General Manager to:
1. Award a contract to JCI Jones Chemicals Inc. for sodium hypochlorite products for one (1) year with up to three (3) optional annual renewals;
2. Award a contract to NorthStar Chemical, Inc. (a DBA of Pacific Star Chemical, LLC.) for sodium hydroxide products for one (1) year with up to three (3) optional annual renewals; and
3. Initiate subsequent renewals with an increase of 10% or less. 112
29 910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
AGENDA REPORT
CITY OF SAN CLEMENTE
CITY COUNCIL MEETING
CITY OF SAN CLEMENTE
Meeting Date: June 17, 2025 Agenda Item: 11J.
Submitted By: Public Works
Prepared By: Julie Schmidt, Sr. Management Analyst
Subject:
..titl e
CONSIDERATION OF A RESOLUTION AUTHORIZING THE CITY TO ENTER INTO A
REGIONAL CONTRACT BETWEEN THE SOUTH ORANGE COUNTY WASTEWATER AUTHORITY (SOCWA), NORTHSTAR CHEMICAL, INC., AND SOCWA ENTITIES FOR
SUPPLY OF SODIUM HYDROXIDE TO THE WATER RECLAMATION PLANT FOR
WASTEWATER TREATMENT, AUTHORIZING THE CITY MANAGER TO EXECUTE THE
CONTRACT, AND AUTHORIZING THE PUBLIC WORKS DIRECTOR TO APPROVE UP TO THREE ..body ONE-YEAR RENEWALS
Fiscal Impact:
The funding for the supply of Sodium Hydroxide (caustic soda) to the City’s Water Reclamation Plant (WRP) for wastewater treatment was approved in the Fiscal Year 2026 Budget in the Sewer Operating Fund, Account Number 054-472-42150 in the amount of $37,320. Additional funding for any contract extensions will be proposed as part of the City’s annual budget process for future fiscal years. It is estimated that there will be an annual cost decrease of approximately 13% for Sodium Hydroxide with the new contract as compared to the current contract.
Summary:
Before the City Council is the approval of the City’s participation in a regional contract with SOCWA, NorthStar Chemical, Inc. (NorthStar) and SOCWA entities for a one-year term for the supply of Sodium Hydroxide (caustic soda) to the City’s WRP for wastewater treatment, and to authorize the Public Works Director/City Engineer to approve up to three optional one-year renewals to the contract for amounts not to exceed the approved budget amounts for this chemical in each appropriate fiscal year. The Agenda Item from the SOCWA Board of Directors Meeting on June 5, 2025 related to this contract can be found in Attachment 3.
The City’s WRP uses chlor-alkali products extensively for disinfection of recycled water, wastewater treatment process control, and to control odors in foul air scrubbings. Chlor-alkali products include 5.25% and 12.5% Sodium Hypochlorite (bleach) and 25%, 30%, and 50% Sodium Hydroxide (caustic soda). SOCWA entities have a long history of partnering to purchase bulk chemical supplies to reduce costs, and the City of San Clemente currently participates in various contracts through SOCWA for WRP chemicals.
Background:
The City of San Clemente participates in regional contracts to purchase wastewater treatment chemicals with SOCWA and other agencies that are collectively referred to as SOCWA entities (including Santa Margarita Water District, City of San Clemente, El Toro Water District, Irvine Ranch Water District, Trabuco Canyon Water District, and Moulton Niguel Water District). 1 Meeting Date: June 17, 2025 Agenda Item: 11J.
CITY OF SAN CLEMENTE
The current Sodium Hydroxide contract the City participates in through SOCWA and NorthStar Chemical expired on May 31, 2025. SOCWA staff conducted a Request for Proposal process, and received four proposals for the various chlor-alkali products. The proposals were reviewed and evaluated by SOCWA staff, and the recommendation for the new Sodium Hydroxide contract is NorthStar Chemical, Inc. This vendor proposed the lowest cost using the method in the Request for Proposal document, and is the current provider of Sodium Hydroxide to SOCWA and its member agencies. They also have many other active water and wastewater agency Sodium Hydroxide contracts in Southern California. SOCWA staff and the references provided by NorthStar provided positive feedback and did not note delivery issues, safety concerns, or contract issues. NorthStar imports all of its Sodium Hydroxide from overseas, however, NorthStar has not had any supply interruptions over the past 6 years, during which SOCWA has been contracting with NorthStar for Sodium Hydroxide.
The pricing will be fixed for the initial 1-year term of the contract, however, to address potential tariff impacts and the ongoing uncertainty of changes to tariffs during the duration of the contract period, the following terms have been incorporated into the contract:
Impacts from Tariffs. The parties acknowledge and agree that tariffs, levies, duties, taxes, or laws/regulations of similar effect (collectively, “Tariffs”) may go into effect after the date hereof, and Vendor has not included the impact of any Tariffs in the Contract pricing. In the event that the cost of producing contracted products escalates prior to the expiration of the Contract Time due to Tariffs, whether such escalation is the result of direct Tariff assessments or the impact of Tariffs on demand and price for internationally or domestically produced chemicals, Vendor shall: (i) inform SOCWA of such escalation and shall provide back-up documentation sufficient to establish and support such escalation; (ii) use commercially reasonable efforts to work with SOCWA to develop mitigation strategies; (iii) be entitled to an increase in the contracted price per gallon to the extent of any substantiated material price escalation, without any markup or overhead increases.
While it is unusual to include potential increases from tariffs, chemicals are highly dependent upon minerals received from other countries. This clause allows agencies to receive lower prices without placing increased risk on the supplier, there is also an option for SOCWA agencies to terminate the contract at any time with 60-day notice if pricing is not satisfactory. The pricing for the three optional one-year renewals will be negotiated at the expiration of each term.
Sodium Hydroxide (Caustic Soda) Pricing ($/Gallon)(1,2) Chemical and
Concentration Delivery Volume
New
Contract
Pricing
Previous
Contract
Pricing
Sodium Hydroxide - 50% (1-500 gals) $3.60 $5.20
Sodium Hydroxide - 50% (501-1000 gals) $3.40 $4.45
Sodium Hydroxide - 50% (1001-2000 gals) $2.99 $3.99
Sodium Hydroxide - 50%(2) (2001-4000 gals) See below $3.60 Sodium Hydroxide - 50%(2) (2001-3000 gals) $2.89 See above Sodium Hydroxide - 50%(2) (3001-4000 gals) $2.27 See above 2 Meeting Date: June 17, 2025 Agenda Item: 11J.
CITY OF SAN CLEMENTE
Sodium Hydroxide - 50%(2) (4001-4500 gals) See above $2.98 Sodium Hydroxide - 50% (>4500 gals) Full
Load $2.27 $2.98
Sodium Hydroxide - 30% (1-500 gals) $2.36 $3.63
Sodium Hydroxide - 30% (501-700 gal) $2.14 $3.18
Sodium Hydroxide - 30% (701-1000 gals) $1.97 $2.85
Sodium Hydroxide - 30% (1001-2000 gals) $1.86 $2.43
Sodium Hydroxide - 30% (2001-3000 gals) $1.69 $2.19
Sodium Hydroxide - 30% (3001-4000 gals) $1.50 $2.14
Sodium Hydroxide - 30% (>4000 gals) Full
Load $1.40 $1.80
Sodium Hydroxide - 25% (501-1500 gals) $1.70 $2.30
1. Prices do not include applicable fees, taxes, and tariffs that will be included in the contract terms and conditions.
2. 2001 to 4000 gallons was bifurcated by NorthStar, as presented above. This did not affect the weighted cost ratings assessment.
Council Options:
Adopt Resolution No. 25-93, authorizing the City to enter into a regional contract between the South Orange County Wastewater Authority (SOCWA), NorthStar Chemical, Inc., and SOCWA entities for supply of Sodium Hydroxide to the Water Reclamation Plant for wastewater treatment, authorizing the City Manager to execute the contract, and authorizing the Public Works Director to approve up to three optional one-year renewals. Modify and adopt Resolution No. 25-93.
Continue the item and direct staff to provide additional information. Do not adopt Resolution No. 25-93 and deny the approval of the City’s participation in the regional contract for the purchase of Sodium Hydroxide through the contract with SOCWA, NorthStar Chemical, Inc. and SOCWA entities, and give direction to staff.
Environmental Review/Analysis:
Not a “project” under the California Environmental Quality Act (CEQA) Guidelines section 15378 (14 CCR section 15378). The approval of the City’s participation in the regional contract for the purchase of Sodium Hydroxide through the contract with SOCWA and NorthStar Chemical, Inc. has no potential to result in either a direct or physical change in the environment or a reasonably foreseeable indirect physical change in the environment.
Recommended Actions:
Staff Recommendation ..recommendation
Staff recommends that the City Council adopt Resolution No. 25-93, which would:
1. Authorize the City to enter into the regional contract with SOCWA, NorthStar Chemical, Inc., and SOCWA entities for a one-year term for the supply of Sodium Hydroxide to the City’s Water Reclamation Plant;
3 Meeting Date: June 17, 2025 Agenda Item: 11J.
CITY OF SAN CLEMENTE
2. Authorize the City Manager to execute such contract in an amount not to exceed $37,320 for the initial one-year term; and
3. Authorize the Public Works Director to approve up to three one-year renewals to the contract for amounts not to exceed the approved budget amounts for this chemical in each appropriate fiscal year.
..end
Attachments:
1. Resolution No. 25-93
2. Regional Contract with SOCWA, NorthStar Chemical, Inc., and SOCWA Entities
3. SOCWA Agenda Item 8.C. dated June 5, 2025
Notification:
None.
4 RESOLUTION NO. 25-93
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN CLEMENTE, CALIFORNIA, AUTHORIZING THE CITY
TO ENTER INTO A REGIONAL CONTRACT BETWEEN THE
SOUTH ORANGE COUNTY WASTEWATER AUTHORITY
(SOCWA), NORTHSTAR CHEMICAL, INC., AND SOCWA
ENTITIES FOR SUPPLY OF SODIUM HYDROXIDE TO THE
WATER RECLAMATION PLANT FOR WASTEWATER
TREATMENT, AUTHORIZING THE CITY MANAGER TO
EXECUTE THE CONTRACT, AND AUTHORIZING THE
PUBLIC WORKS DIRECTOR TO APPROVE UP TO THREE
ONE-YEAR RENEWALS
WHEREAS, the City’s Water Reclamation Plant uses chlor-alkali products extensively for disinfection of recycled water, wastewater treatment process control, and to control odors in foul air scrubbings. Chlor-alkali products include 5.25% and 12.5% Sodium Hypochlorite (bleach) and 25%, 30%, and 50% Sodium Hydroxide (caustic soda); and WHEREAS, the City is a member of and participates in regional contracts to purchase wastewater treatment chemicals with SOCWA and other agencies that are collectively referred to as SOCWA entities (including Santa Margarita Water District, City of San Clemente, El Toro Water District, Irvine Ranch Water District, Trabuco Canyon Water District, and Moulton Niguel Water District); and
WHEREAS, the current Sodium Hydroxide contract that the City participates in through SOCWA and NorthStar Chemical expired on May 31, 2025; and WHEREAS, SOCWA staff conducted a Request for Proposal process, and received four proposals for the various chlor-alkali products. The proposals were reviewed and evaluated by SOCWA staff, and the recommendation for the new Sodium Hydroxide contract is NorthStar Chemical, Inc., who proposed the lowest cost using the method in the Request for Proposals; and
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 the City’s participation in a regional contract with SOCWA, NorthStar Chemical, Inc. and SOCWA entities is hereby approved for a one-year term for the supply of Sodium Hydroxide (caustic soda) to the City’s Water Reclamation Plant for wastewater treatment.
SECTION 3. That the City Manager is authorized and directed to execute the contract in a form substantially similar to that presented to City Council on June 17, 2025 in an amount not to exceed $37,320 for the initial one-year term.
Attachment 1
5 Resolution No. 25-93 Page 2
SECTION 4. That the City Manager and the Public Works Director/City Engineer are hereby authorized to approve up to three optional one-year renewals to the contract for amounts not to exceed the approved budget amounts for this chemical in each appropriate fiscal year.
SECTION 5. 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 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 ____________________, _______.
ATTEST:
___________________________ __________________________
City Clerk of the City of Steve Knoblock, Mayor of the
San Clemente, California City of San Clemente, California 6 Resolution No. 25-93 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. 25-93 was adopted at a regular meeting of the City Council of the City of San Clemente held on the _______ day of _______________________, _________, by the following vote:
AYES:
NOES:
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this _____ day of _________________, ________. __________________________
CITY CLERK of the City of
San Clemente, California
Approved as to form:
____________________________
Elizabeth A. Mitchell, City Attorney
7 CONTRACT SERVICES AGREEMENT BETWEEN THE SOUTH ORANGE COUNTY
WASTEWATER AUTHORITY AND OTHER PUBLIC ENTITIES AND NORTHSTAR CHEMICAL
AS A DBA OF PACIFIC STAR CHEMICAL LLC FOR THE DELIVERY AND SUPPLY OF SODIUM
HYDROXIDE TO SOCWA WASTEWATER TREATMENT FACILITIES
This Agreement is made and entered into this ____________, 2025 (“Effective Date”), between on the one hand, the South Orange County Wastewater Authority (“SOCWA”), Santa Margarita Water District (“SMWD”), El Toro Water District (“ETWD”), Moulton Niguel Water District (“MNWD”), Irvine Ranch Water District (“IRWD”), City of San Clemente (“CSC”) and, on the other hand, NorthStar Chemical as a DBA of Pacific Star Chemical LLC (“PROVIDER”). For purposes of this Agreement, SOCWA, SMWD, MNWD, ETWD, IRWD, and CSC are collectively referred to as “SOCWA Entities” and are individually referred to as an “Agency of the SOCWA Entities” or “Agency”. SOCWA Entities and PROVIDER may be referred to in this Agreement from time to time as “party” or “parties”.
RECITALS
WHEREAS, the SOCWA Entities desire to secure the delivery and supply of Sodium Hydroxide for the referenced treatment facilities; and
WHEREAS, PROVIDER represents that it has the necessary equipment, facilities, permits, and skills required to perform the necessary contract services.
NOW, THEREFORE, SOCWA Entities and PROVIDER agree as follows:
SECTION 1 PROVIDER’S CONTRACTED SERVICES
1.1 PROVIDER will supply and deliver Sodium Hydroxide to the facilities as listed and meeting the Sodium Hydroxide specifications and per gallon price as found in Attachments 1 and 2, which are incorporated by reference herein (the “Contracted Services”). See Attachment 2 and Supplemental Charges
1.2 Provider represents and warrants that it is and will at all times during the performance of this Agreement remain aware of and comply with existing, revised, and new federal, State of California (“State”) and local laws, rules and regulations (collectively, “Regulations”) applicable to the Contracted Services. Changes in Provider’s practices necessitated by any revision to such Regulationsthat will impact the Contracted Services will be brought to the attention of the SOCWA Entities sufficiently in advance of implementation. Changes in any Regulations will not alter or diminish Provider’s duty and responsibility to provide the Contracted Services at the prices set forth hereunder.
1.3 All vehicles utilized in connection with Contracted Services shall be registered by all applicable agencies to operate on the highways of the State of California and any other states as applicable.
Provider shall ensure that all operators are appropriately qualified and licensed. The Provider shall be solely responsible for the proper training of its personnel. Provider shall maintain programs required under the Omnibus Transportation Employee Testing Act of 1991. Provider shall be required to complete a hazardous materials manifest(s) (bill of lading) prior to the transportation of every load to SOCWA facilities.
1.4 The Provider shall be responsible for cleaning up and removing all trash, grease, oil and debris that is the result of the Contracted Services. All of the Provider equipment shall be kept clean and shall maintain a neat appearance. Cleaning or servicing of equipment shall not be undertaken at any Attachment 2
8 SOCWA Entities facilities except for emergency repairs. Any spills or discharge at the SOCWA Entities facilities resulting from Provider’s operation will be promptly cleaned up by Provider at Provider’s sole expense.
1.5 Provider certifies that Provider’s safety programs and related employee training meets or exceeds all applicable local, State and Federal regulatory requirements for:
Injury and Illness Prevention Program
Emergency Action Plan
Hazard Communication Program
Personal Protective Equipment
1.5.1 In addition, Provider must adhere to all aspects of SOCWA’s Safety Program whenever the Provider or Provider’s field personnel, including any subcontractors of Provider are performing work in and around SOCWA’s treatment facilities. Provider acknowledges that SOCWA has provided, and Provider has received and understands SOCWA’s Safety Program as detailed in Attachment 3, which is incorporated by reference herein.
SECTION 2 TERM OF AGREEMENT
2.1 The term of this Agreement will be from the effective date as first written above until June 30, 2026. SOCWA may extend this Agreement for up to three (3) successive, one (1) year renewal periods beyond June 30, 2026, so long as the total term of this Agreement does not exceed four (4) years. SOCWA shall deliver notice of renewal in writing for itself and any SOCWA Entities continuing participation. Price increases, if any, for the renewal periods, will be negotiated to the satisfaction of both parties and will not occur at a frequency of more than once per year, coinciding with the anniversary of the Effective Date. The renewal must be agreed upon at least sixty (60) days prior to the termination of the Agreement unless otherwise waived by the Parties.
SECTION 3 COMPENSATION FOR SERVICES
3.1 In consideration for Contracted Services provided under this Agreement, SOCWA Entities agree to compensate CONTRACTOR according to the rates set forth in Attachment 2. The rates of compensation contained therein shall be inclusive of all product, freight, shipping, delivery and other costs of performing the Contracted Services, but excluding sales taxes and fees, which will be paid by SOCWA Entities.
3.2 Taxes and Fees. Applicable taxes and regulatory fees will be applied based on the location of the delivery facility. Applicable taxes and regulatory fees will be itemized and included with each invoice by facility, which will be paid by SOCWA Entities.
3.3 Impacts from Tariffs. The parties acknowledge and agree that tariffs, levies, duties, taxes, or laws/regulations of similar effect (collectively, “Tariffs”) may go into effect after the date hereof, and Vendor has not included the impact of any Tariffs in the Contract pricing. In the event that the cost of producing contracted products escalates prior to the expiration of the Contract Time due to Tariffs, whether such escalation is the result of direct Tariff assessments or the impact of Tariffs on demand and price for internationally or domestically produced chemicals, Vendor shall: (i) inform SOCWA of such escalation and shall provide back-up documentation sufficient to establish and support such escalation; (ii) use commercially reasonable efforts to work with SOCWA to 9 develop mitigation strategies; (iii) be entitled to an increase in the contracted price per gallon to the extent of any substantiated material price escalation, without any markup or overhead increases.
SECTION 4 PAYMENTS FOR SERVICE
4.1 Compensation will be billed monthly by Provider per the SOCWA requested format and will be based upon the actual work performed during the designated time period. Invoices will include delivery date(s), location of delivery and shall be submitted to SOCWA Entities receiving deliveries as set forth in this Agreement. Each Agency of the SOCWA Entities, respectively, will make payment to Provider within thirty (30) calendar days of receipt and approval of the invoices by such Agency, provided all required documentation is attached to such invoices. Each Agency of the SOCWA Entities agrees with the other Agencies of the SOCWA Entities that each shall be responsible for payment of the Contract Services provided by Provider to such Agency’s facilities or plants.
To receive timely payment, Provider’s invoices must be sent as specified below.
For Contracted Services rendered for SOCWA Facilities:
email invoices to [email protected]
or mail to: SOCWA - Attn: Accounts Payable
34156 Del Obispo Street
Dana Point, CA 92629
Attn: Accounts Payable
Invoice MUST include a PO # for the respective plant where delivery was made. SOCWA’s Fiscal Year End is June 30th all invoices must be submitted for payment by the 15th of the previous month.
For Contracted Services rendered for ETWD Facilities:
Mail invoices to: ETWD - Attn: Accounts Payable
PO Box 4000
Laguna Hills, CA 92654
For Contracted Services rendered for MNWD Facilities:
Mail invoices to: MNWD – Attn: Accounts Payable
Attention: Purchasing Department
P.O. Box 30203
Laguna Niguel, CA 92607-0203
For services rendered for the City of San Clemente WRP Facility:
Mail invoices to: City of San Clemente - Attn: Accounts Payable 380 Avenida Pica, Bldg. N
San Clemente, CA 92672
For services rendered for the SMWD Facilities:
10 Mail invoices to: SMWD - Accounts Payable
26111 Antonio Pkwy
Rancho Santa Margarita, CA 92688
Email: [email protected]
For services rendered for the IRWD Facilities:
Mail invoice to: IRWD Purchasing Department
P.O. Box 57000
Irvine, CA 92612
4.2 Acceptance and payment by an Agency of the SOCWA Entities for Contracted Services furnished hereunder, will not in any way relieve the Provider of its responsibility to provide Contracted Services in strict accordance with Regulations. Neither an Agency of the SOCWA Entities’ acceptance of, nor payment for any Contracted Services will be construed to operate as a waiver of any rights an Agency may have under this Agreement or of any cause of action or claim arising out of the performance of this Agreement.
SECTION 5 TERMINATION OF AGREEMENT
5.1 If, during the term of this Agreement, SOCWA, SMWD, ETWD, MNWD, IRWD or CSC determines that Provider is not faithfully abiding by any term or condition contained herein, any (or all) such agencies (“Affected Agencies”) may notify Provider in writing of such defect or failure to perform. Such notice must allow Provider a ten (10) calendar day period thereafter in which to cure the deficiency. After such 10-day period, if the Provider has not satisfactorily cured the deficiency, this will constitute a breach of this Agreement, and the Affected Agency may terminate the Agreement as it applies to such Affected Agency by written notice to Provider. At such time, the Provider will be entitled to the reasonable value of its Contracted Services performed through the effective date of termination; which shall be offset by the affected Agency’s damages from such breach through the remaining term of the Agreement, including any agreed upon extensions.
Notwithstanding this section 5.1, in no event will Provider be entitled to any fees or costs incurred after the effective date of termination or in excess of the rates set forth in Attachment 2.
5.2 SOCWA may terminate this Agreement for convenience at any time upon 90 days’ written notice to Provider, in which case, SOCWA will pay Provider for all Contracted Services performed and all expenses incurred under this Agreement up to and including the effective date of termination.
No compensation will be payable for anticipated profit on unperformed services.
SECTION 6 LIABILITY
6.1 Provider will indemnify, defend and hold harmless the SOCWA Entities, the member agencies of SOCWA, which include both Agency participants in this Agreement and other SOCWA Member Agencies, and each of their officers, directors, agents and employees (collectively and individually the “Indemnitees”), from and against all claims, demands, losses, damages, costs, expenses, and legal liability arising from, connected with, or resulting from or claimed to have arisen out of, in connection with or resulted from, Provider’s Contracted Services and work hereunder including (a) bodily injury to or death of persons, and personal injury, including but not limited to, third parties and employees, directors and officers of the Indemnitees, Provider, and third parties, and damage or injury to natural resources (b) violation of any Regulations, including but not limited to strict liability imposed by Regulations; (c) and any other claims, demands, losses, damages, costs, expenses, attorneys’ fees and liability connected with or arising from, or as a result of Provider’s 11 Contracted Services or work under this Agreement; excepting only such claims, losses, demands, damages, costs, expenses, attorneys’ fees and liability caused by the sole negligence or willful misconduct of the Indemnitees.
Provider Acknowledges that any claim, demands, losses, damages, costs, expenses, and legal liability that arise out or result from or are in any way connected with the release or spill of any hazardous material (as designated under the Regulations), by-Sodium Hydroxide or residue as a result of the Contracted Services or work performed under this Agreement by Provider are expressly within the scope of this indemnity, and that Provider must indemnify Indemnitees from and against the costs, expenses, and liability for (a) environmental investigations, monitoring, containment, abatement, removal, repair, cleanup, restoration and remedial work; (b) penalties and fines arising from the violation of the Regulations; and (c) attorneys’ fees, disbursements and other response costs.
Provider shall, on the Indemnitee’s request, defend any action, claim or suit asserting a claim covered by this Indemnity clause. Provider shall pay all costs that may be incurred by the indemnitees in enforcing this indemnity, including reasonable attorney’s fees. This indemnity obligation shall survive the termination of this Agreement by any party hereto.
6.1.1 SOCWA shall indemnify SMWD, ETWD, MNWD, IRWD and CSC in their individual entity capacities and not as a member agency of SOCWA, and each of their respective officers, directors, employees and agents against, and shall hold and save them and each of them harmless from, and all actions, claims, damages to persons or property, penalties, obligations or liabilities of any kind that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, governmental entity or agency or other organization arising out of or in connection with the negligence or willful misconduct of SOCWA in the performance of this Agreement.
6.1.2 SMWD shall indemnify SOCWA, and its member agencies (excluding SMWD), ETWD, MNWD, IRWD, and CSC and each of their respective officers, directors, employees and agents against, and shall hold and save them and each of them harmless from any and all actions, claims, damages to persons or property, penalties, obligations or liabilities of any kind that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, governmental entity or agency or other organization arising out of or in connection with the negligence or willful misconduct of SMWD in the performance of this Agreement.
6.1.3 CSC shall indemnify SOCWA, and its member agencies (excluding CSC), ETWD, MNWD, IRWD, and SMWD and each of their respective officers, directors, employees and agents against, and shall hold and save them and each of them harmless from any and all actions, claims, damages to persons or property, penalties, obligations or liabilities of any kind that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, governmental entity or agency or other organization arising out of or in connection with the negligence or willful misconduct of CSC in the performance of this Agreement.
6.1.4 ETWD shall indemnify SOCWA, and its member agencies (excluding ETWD), CSC, MNWD, IRWD, and SMWD and each of their respective officers, directors, employees and agents against, and shall hold and save them and each of them harmless from any and all actions, claims, damages to persons or property, penalties, obligations or liabilities of any kind that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, governmental entity or agency or other organization arising out of or in connection with the negligence or willful misconduct of ETWD in the performance of this Agreement. 12 6.1.5 IRWD shall indemnify SOCWA, and its member agencies (excluding IRWD), CSC, MNWD, ETWD, and SMWD and each of their respective officers, directors, employees and agents against, and shall hold and save them and each of them harmless from any and all actions, claims, damages to persons or property, penalties, obligations or liabilities of any kind that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, governmental entity or agency or other organization arising out of or in connection with the negligence or willful misconduct of IRWD in the performance of this Agreement.
6.1.6 MNWD shall indemnify SOCWA, and its member agencies (excluding MNWD), CSC, ETWD, and SMWD and each of their respective officers, directors, employees and agents against, and shall hold and save them and each of them harmless from any and all actions, claims, damages to persons or property, penalties, obligations or liabilities of any kind that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, governmental entity or agency or other organization arising out of or in connection with the negligence or willful misconduct of IRWD in the performance of this Agreement.
SECTION 7 INSURANCE
7.1 Provider will pay for and maintain, in full force and effect, all insurance required by any governmental agency having jurisdiction to require particular insurance of Provider in connection with or related to the Contracted Services.
7.2 Upon execution of this Agreement and renewal, Provider will furnish satisfactory proof by certificate or otherwise as may be required by the SOCWA Entities that it has taken out the insurance policies required by this Agreement and shall furnish each individual Agency of the SOCWA Entities herein with endorsements naming each such individual Agency as an additional insured, as applicable.
7.3 The insurance will be comprehensive in form and cover all indemnity and other contractual obligations set forth in this Agreement, and will insure against (1) claims, loss or damages on account of bodily injury and personal injury, including death resulting therefrom, caused or alleged to have been caused directly or indirectly from the performance or execution of this Agreement or performance of Contracted Services hereunder by Provider, its employees, officers, agents and (2) claims, loss or damages to any property caused or alleged to have been caused directly or indirectly by the performance or execution of the Agreement or performance of the Contracted Services hereunder by Provider, its employees, officers and agents and any subcontractor thereof. Such insurance will also adequately insure against all injury, death, claims, loss, damage or accidents caused by or alleged to have been caused directly or indirectly by the use and operation of automobiles, trucks and/or other mobile or stationary equipment. Provider will maintain worker’s compensation insurance, including occupational disease provisions, under the laws of the State of California or other state (as applicable) and employer’s liability insurance for the benefit of its employees. All said public or commercial liability and auto liability and other insurance will be for the period of performance under this Agreement and shall be on a per occurrence basis and any and all aggregate amounts, if applicable, must be stated in the certificates provided hereunder. The amounts of coverage of said insurance will not be less that the following:
13 INSURANCE COVERAGE AMOUNT PER
OCCURRENCE
Aggregate
General Liability- Bodily,
Personal Injury; Property
Damage
$3,000,000 $5,000,000
Auto Liability – Bodily,
Personal Injury; Property
Damage
$3,000,000 $5,000,000
Employers Liability – Bodily
Injury by Accident
$3,000,000 $5,000,000
Employers Liability – Bodily
Injury by Disease
$3,000,000 $5,000,000
7.4 Such insurance will be issued and underwritten by insurance companies having at least an Apolicyholders rating and financial rating not less than Class VII in accordance with the most current Best’s Rating Guide. The insurance companies shall be admitted and licensed to do business in the State and have an agent for service of process in the State. Provider may satisfy the limit requirements in a single policy or multiple policies, provided, however, that any such additional policies written as excess insurance will not provide any less coverage than that provided by Provider’s first or primary policy.
7.5 All of the above policies of insurance shall be primary insurance and shall name “SOCWA, and its member agencies, including but not limited to MNWD, SMWD, ETWD, IRWD and CSC, and each of their officers, employees, directors and agents” as additional insureds (the “Additional Insureds”) by endorsements. The insurer shall waive all rights of subrogation and contribution it may have against the Additional Insureds and their respective insurers and the certificates of insurance shall set forth the waiver of subrogation by separate endorsement as necessary. In the event any of said policies or insurance are canceled or coverage is reduced, Provider shall, prior to the effective date, submit new evidence of insurance in conformance with this Section 7 to each Agency. No work or services under this Agreement shall commence until Provider has provided the SOCWA Entities with certificates of insurance and endorsements and said certificates of insurance and endorsements are approved by the SOCWA Entities.
7.6 In the event Provider subcontracts any portion of the services under this Agreement, the contract between Provider and such subcontractor shall require the subcontractor to maintain the same policies of insurance that Provider is required to maintain pursuant to this Section 7, and to name the Additional Insureds under the policies identified above, in accordance with all of the requirements of this Section 7.
7.7 Nothing in the insurance requirements set forth in this Agreement is to be construed as limiting the liability of Provider or Provider’s insurers. Provider understands that it may be held responsible for the payment of damages or other costs to the SOCWA Entities or Indemnitees resulting from Provider’s activities or the activities of any person or persons for which Provider is otherwise responsible including Provider’s subcontractors.
14 SECTION 8 ADDITIONAL PROVISIONS
8.1 This Agreement represents the entire understanding of the SOCWA Entities and Provider as to those matters contained herein. No prior oral or written understanding will be of any force or effect with respect to those matters covered hereunder. This Agreement may not be modified or altered except in writing signed by all parties.
8.2 The parties represent and warrant that its undersigned representative has been duly and validly authorized to enter into this Agreement.
8.3 Any notice required or permitted to be given hereunder in not otherwise specified herein may be given or delivered by depositing the same in the United States Post Office, registered or certified, postage prepaid, or by personal service a hand delivery, and addressed to:
To SOCWA: SOCWA
Attn: General Manager
34156 Del Obispo St.
Dana Point, CA 92629
949-234-5430
To Provider: NorthStar Chemical as a DBA of Pacific Star Chemical, LLC Attn: Clare Walker
9051 Sorensen Avenue
Santa Fe Springs, CA 90670
8.4 The Provider shall not assign this Agreement, nor any part thereof, nor any monies due, or to become due hereunder, without prior written consent of the SOCWA Entities. Any assignment by the Provider without the SOCWA Entities’ approval shall be cause for termination of this Agreement at the sole option of the SOCWA Entities. In no event shall any contractual relationship be created between any third party and the SOCWA Entities.
8.5 In the event an action is filed by either party to enforce any rights or obligations under this Agreement, the prevailing party will be entitled to recover all attorney’s fees and court costs, in addition to any other relief granted by the Court.
8.6 This Agreement will be interpreted and enforced in accordance with the laws of the State of California. In the event of any legal action to enforce or interpret this Agreement, the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California, and the parties hereto agree to and do hereby submit to the jurisdiction of such court.
8.7 Each Agency of the SOCWA Entities acknowledges and agrees with the other Agency of the SOCWA Entities that this Agreement is not intended to establish a joint exercise of powers arrangement under and pursuant to laws of the State with respect to the contractual matters hereunder among such agencies; further, MNWD, SMWD, ETWD, and CSC each agree that the existing joint powers agreement establishing SOCWA and the joint powers arrangements established pursuant to that agreement, have no bearing or effect on this Agreement and the application thereof to the MNWDfacilities, SMWD facilities, ETWD facilities or the CSC WRP.
8.8 This Agreement may be executed in counterparts, each of which shall be deemed an original. 15 8.9 Neither acceptance of, nor payment for any of the services provided for herein, shall be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement.
8.10 Provider is an independent contractor and not an employee of the SOCWA Entities. Provider is free from the control and direction of the SOCWA Entities in connection with the performance of the work, Provider performs work that is outside the usual course of the SOCWA Entities’ business, and Provider is customarily engaged in an independently established trade, occupation, or business of the same nature as that involved in the work performed. To the maximum extent allowable by law, Provider agrees to indemnify, defend and hold harmless SOCWA Entities from any and all liability, damages or losses (including attorneys’ fees, costs, penalties and fines) SOCWA Entities suffer as a result of a third party’s designation of Provider or its employees as an employee of SOCWA Entities, regardless of any actual or alleged negligence by SOCWA Entities.
8.11 If this Agreement involves an expenditure of public funds in excess of Ten Thousand Dollars ($10,000), the Agreement is subject to examination and audit of the State Auditor, at the request of SOCWA Entities or as part of any audit of SOCWA Entities, for a period of three (3) years after final payment under the Agreement. Provider shall cooperate with SOCWA Entities regarding such audit at no charge to SOCWA Entities.
8.12 If any provision of this Agreement as applied to either party or to any circumstance shall be adjudged by a court of competent jurisdiction to be void or unenforceable for any reason, the same shall in no way affect (to the maximum extent permissible by law) any other provision of this Agreement, the application of any such provision under circumstances different from those adjudicated by the court, or the validity or enforceability of this Agreement as a whole.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first above written.
SOUTH ORANGE COUNTY WASTEWATER AUTHORITY
BY: _______________________________________________ DATE: ___________________ AMBER BOONE; GENERAL MANAGER
APPROVED AS TO FORM:
SNELL & WILMER
Legal Counsel -SOCWA
BY: _______________________________________________ DATE: ___________________
ADRIANA OCHOA
SANTA MARGARITA WATER DISTRICT
16 BY: _______________________________________________ DATE: ___________________
GENERAL MANAGER
IRVINE RANCH WATER DISTRICT
BY: _______________________________________________ DATE: ___________________
GENERAL MANAGER
MOULTON NIGUEL WATER DISTRICT
BY: _______________________________________________ DATE: ___________________
GENERAL MANAGER
CITY OF SAN CLEMENTE
BY: _______________________________________________ DATE: ___________________
CITY MANAGER
EL TORO WATER DISTRICT
BY: _______________________________________________ DATE: ___________________
GENERAL MANAGER
NORTHSTAR CHEMICAL AS A DBA OF PACIFIC STAR CHEMICAL LLC.
BY: _______________________________________________ DATE: ___________________ TITLE: _____________________________________________
17 Attachment 1
Sodium Hydroxide RFP Specification
(AS ACCORDING TO REQUEST FOR PROPOSAL – PROPOSALS PAGES 13 THRU 27) 18 Attachment 2
Compensation Rates -Sodium Hydroxide
Chloro Alkali Products (Sodium Hydroxide)
Sodium Hydroxide
Product
Sodium Hydroxide - 50% (1-500 gals) $3.60 gallon
Sodium Hydroxide - 50% (501-1000 gals) $3.40 gallon
Sodium Hydroxide - 50% (1001-2000 gals) $2.99 gallon
Sodium Hydroxide - 50% (2001-3000 gals) $2.89 gallon
Sodium Hydroxide - 50% (3001-4000 gals) $2.27 gallon
Sodium Hydroxide - 50% (4001-4500 gals) $2.27 gallon
Sodium Hydroxide - 50% (>4500 gals) Full Load $2.27 gallon Sodium Hydroxide - 30% (1-500 gals) $2.36 gallon
Sodium Hydroxide - 30% (501-700 gals) $2.14 gallon
Sodium Hydroxide - 30% (701-1000 gals) $1.97 gallon
Sodium Hydroxide - 30% (1001-2000 gals) $1.86 gallon
Sodium Hydroxide - 30% (2001-3000 gals) $1.69 gallon
Sodium Hydroxide - 30% (3001-4000 gals) $1.50 gallon
Sodium Hydroxide - 30% (4001-4500 gals) full load $1.40 gallon Sodium Hydroxide - 25% (501-1500 gals) $1.70 gallon
*Pricing does not include any applicable mill or sales tax Per Stop: (total unloading time of 2 hours) $60/stop-after 1 free stop.
Additional Unloading Time: $80/per hour
Fuel Surcharge: Per Delivery $60.00
19 Attachment 3
SOCWA SAFETY AND ACCIDENT PREVENTION REQUIREMENTS
1. General: In addition to the requirements set forth in proposal and Contract documents, Vendor, Consultant, or Contractor ("Contractor") shall adhere to the following requirements.
2. Safety Meeting: Contractor shall meet with personnel from SOCWA's staff before the start of the Agreement. All subcontractors should be present at this meeting. Contractor is responsible for informing all subcontractors of the items discussed at this meeting. This meeting shall occur within five (5) working days of the Notice to Proceed.
3. Personal Protective Equipment: SOCWA requires, safety glasses, long pants, shirts, and safety toed footwear will be worn on the plant premises and SOCWA job sites. In addition, hard hats, safety glasses, Class 2 safety vest, and safety toed footwear are required on all construction sites and where posted. Other personal protective equipment is required where posted or required by regulation. Face shields and safety goggles shall also be required to be worn when working around pressured chemical systems at connections, disconnections, adjustments, and observations. It is the responsibility of Contractor to inform the delivery truck drivers of this obligation and train them in these requirements.
Lack of safety equipment or failure to use safety equipment will be cause for termination of the Agreement.
4. Regulations: Contractor agrees to conform to all applicable Federal and State Occupational Safety and Health Act (OSHA), California Labor Code, South Coast Air Quality Management District (SCAQMD), and California Hazardous Waste and Federal Department of Transportation regulations.
Lack of compliance with applicable regulations may be cause for termination of the Agreement.
5. SOCWA Policy: Contractor agrees to conform to all applicable SOCWA policies, procedures, and programs. SOCWA policy is more stringent than Cal-OSHA in many instances. Contractor shall be responsible for obtaining applicable SOCWA policies, procedures, and programs from SOCWA. Lack of compliance with applicable SOCWA policies, procedures or programs may be cause for termination of the Agreement.
6. Plant Speed Limits: The posted speed limit is 15 miles per hour. Violators of the speed limit may have their vehicle banned from the site.
7. Periodic Safety Meetings: The Contractor agrees to send representatives to periodic Contractor Safety meetings if the Contractor is on-site, or if this Agreement is in effect.
8. MSDS Sheets: Contractor shall provide SOCWA with Material Safety Data Sheets (MSDS) for all applicable materials before the material is brought on site.
9. Materials Spill Response Plan: Contractor shall have and maintain an effective materials spill response plan to minimize environmental impacts. Said plan must be forwarded in writing to SOCWA approximately 30 calendar days after the award of the Agreement, and prior to providing scheduled services.
10. Smoking: Smoking is only allowed in designated areas. Smoking is not allowed in any building, electrically classified area or process area where methane gas may be present. Lack of compliance 20 with SOCWA Smoking policy will be cause for the removal of offending personnel from the site, termination of the Agreement, or both.
11. Training Certification: When required by regulation, certificates of training shall be maintained on-site for the duration of the activity that requires an employee to be certified. Certificates shall be current. Lack of certificates, when required, will be cause for removal of offending personnel form the site, termination of the Agreement, or both.
12. Drug-Free Workplace: Employers awarded a contract must adhere to the California Drug-Free Workplace Act, Sections 8350 through 8357.
21 Agenda Item 8.C.
Budgeted: Yes
Budget amount: $265,500
Line Item: PC 2 and 15 - Line Items 5006
and 5009
Legal Counsel Review: Yes
Meeting Date: June 5, 2025
TO: Board of Directors
FROM: Amber Boone, General Manager
STAFF CONTACT: Jim Burror, Deputy General Manager/Chief Engineer SUBJECT: Chlor Alkali Products 5.25%-12.5% Sodium Hypochlorite (Bleach) and 30%-50% Sodium Hydroxide (Caustic Soda) Contract Award
[Project Committees 2 and 15]
Summary
SOCWA staff requests that the Board authorize the General Manager to execute two contracts to supply and deliver chlor alkali products to the South Orange County Wastewater Authority (SOCWA), City of San Clemente (CSC), Moulton Niguel Water District (MNWD), Santa Margarita Water District (SMWD), Trabuco Canyon Water District (TCWD), El Toro Water District (ETWD), and Irvine Ranch Water District (IRWD).
The estimated value for the contracts for SOCWA over the next 4 years is $1,300,000. The estimated value for the contracts for SOCWA and the member agencies over the next 4 years is about $7,500,000. Since the value of the chlor alkali products contracts exceed $100,000 per year, SOCWA’s Uniform Purchasing Policy 1.715 requires the Board to authorize the General Manager to execute these contracts.
Discussion/Analysis
SOCWA and the participating agencies use chlor-alkali products extensively in the treatment plants for disinfection of recycled water, wastewater treatment process control, and to control odors in foul air scrubbings. Chlor-Aikali products include 5.25% and 12.5% sodium hypochlorite (bleach) and 25%, 30%, and 50% sodium hydroxide (caustic soda). The proposals were reviewed and evaluated by SOCWA staff.
SOCWA received proposals from the following companies (in alphabetical order):
• Brenntag Pacific, Inc. (Brenntag)
• JC Jones, Inc. (JC Jones)
• NorthStar Chemical, Inc. (a DBA of Pacific Star Chemical, LLC.) (NorthStar) • Olin, Inc. (Olin)
107
Attachment 3
22 Chlor Alkali Products Contract Award Page 2 of 6
June 5, 2025
Initial Proposal Review for Minimum Requirements
The initial review of all the proposals was that they were responsive to the Request for Proposals.
NorthStar only proposed to provide sodium hydroxide. Olin only proposed to provide sodium hypochlorite. Brenntag did not propose to provide 5.25% sodium hypochlorite used by ETWD.
Brenntag proposes an initial contract term of 6 months; all the other vendors proposed a 12-month initial term.
Initial Rating of Responsive Proposals
During the review of the proposals, SOCWA staff determined that the best value for SOCWA and the participating agencies is to pursue two (2) contracts. This is because splitting contracts by chemical type leverages vendor specialization and maximizes potential cost savings. The vendors were rated using the following weighted criteria:
• Compensation rate (30 points)
• Experience/qualifications (10 points)
• Product integrity (10 points)
• Reference testimony (10 Points)
The ratings and estimated contract costs for the proposals are included in Tables 1 through 6:
Table 1 - Sodium Hypochlorite (Bleach) Proposal Ratings (in alphabetical order) Company
Costs (up
to 30
points)
Experience
(up to 10
Points)
Product
integrity/Specs
(up to 10
points)
References
(up to 10
points)
Total (up
to 60
points)
Brenntag 0 9 10 5 24
JCI Jones 30 9 10 10 59
Olin 1.62 10 10 10 32.62
Brenntag
Brenntag had the highest cost using the method in the Request for Proposal document. They have many active water and wastewater agency bleach contracts in Southern California. Two of the three Brenntag references provided did not respond to SOCWA’s requests for information.
SOCWA staff contacted SCWD staff regarding their past contract(s) with Brenntag. Brenntag does have three Southern California production sites, more than the other vendors.
JCI Jones
JCI Jones had the lowest cost using the method in the Request for Proposal document. They have many active water and wastewater agency bleach contracts in Southern California. The references JCI Jones provided provided positive feedback and did not note delivery issues, safety concerns, or contract issues. SOCWA used JCI in the past for bulk chlorine deliveries and did not have any noted issues with deliveries, safety, or contract issues. JCI Jones has one Southern California production site and eleven (11) nationally.
108
23 Chlor Alkali Products Contract Award Page 3 of 6
June 5, 2025
Olin
Olin had the second-lowest cost using the method in the Request for Proposal document, but the cost result was very close to the highest score of Brenntag’s. Thus, the straight-line method used to determine the weighted cost points is near Brenntag’s. Olin is the current provider of bleach to SOCWA and its member agencies. They also have many other active water and wastewater agency bleach contracts in Southern California. SOCWA staff and the references Olin provided provided positive feedback and did not note any delivery issues, safety concerns, or contract issues. Olin has one Southern California production site and thirteen (13) nationally.
Table 2 - Sodium Hypochlorite (Bleach) Proposal Pricing ($/Gallon)(1) Chemical and Concentration Delivery Vol. Brenntag JCI Olin Current Sodium Hypochlorite - 12.5% (501-1000 gals) $3.95 $3.2038 DNP $3.09 Sodium Hypochlorite - 12.5% (1001-2000 gals) $2.99 $2.4038 DNP $2.82 Sodium Hypochlorite - 12.5% (2001-3000 gals) $2.79 $1.9538 DNP $2.65 Sodium Hypochlorite - 12.5% (3001-4000 gals) $2.49 $1.7538 DNP $2.49 Sodium Hypochlorite - 12.5% (4001-4500 gals) $2.28 $1.6538 DNP $2.35 Sodium Hypochlorite - 12.5% (>4500 gals) $2.25 $1.5838 DNP $2.22 Sodium Hypochlorite - 5.25% (>4800 gals) DNP $1.0538 DNP $1.30 (1) Prices do not include applicable fees, taxes, and tariffs that will be included in the contract terms and conditions.
Table 3 - Sodium Hypochlorite (Bleach) Proposal Pricing Annual Estimated Contract Value (1) (in alphabetical order)
Vendor
Est. Annual Contract
Value(1)
Brenntag $225,304
JCI Jones $158,594
Olin $222,300
Current $222,300
(1) Calculated based on SOCWA’s CY2024 usage.
Table 4 - Sodium Hydroxide (Caustic Soda) Proposal Rating Table (in alphabetical order) Company
Costs (up
to 30
points)
Experience
(up to 10
Points)
Product
integrity/Specs
(up to 10
points)
References
(up to 10
points)
Total (up
to 60
points)
Brenntag 0 9 10 5 24
JCI Jones 21.2 10 10 10 51.2
Northstar 30 10 8 10 58
Brenntag
Brenntag had the highest cost using the method in the Request for Proposal document. They have many active water and wastewater agency caustic soda contracts in Southern California. 109
24 Chlor Alkali Products Contract Award Page 4 of 6
June 5, 2025
Two of the three Brenntag references provided did not respond to SOCWA’s requests for information. SOCWA staff contacted SCWD staff regarding their past contract(s) with Brenntag.
Brenntag does have three Southern California production sites, more than the other vendors.
JCI Jones
JCI Jones had the second-lowest cost using the method in the Request for Proposal document.
The cost result was near the middle of the costs the other two proposers proposed. They have many active water and wastewater agency caustic soda contracts in Southern California. The references JCI Jones provided provided positive feedback and did not note delivery issues, safety concerns, or contract issues. SOCWA used JCI in the past for bulk chlorine deliveries and did not have any noted issues with deliveries, safety, or contract issues. JCI Jones has one Southern California production site and eleven (11) nationally.
NorthStar
NorthStar had the lowest cost using the method in the Request for Proposal document. NorthStar is the current provider of caustic soda to SOCWA and its member agencies. They also have many other active water and wastewater agency caustic soda contracts in Southern California. SOCWA staff and the references NorthStar provided positive feedback and did not note delivery issues, safety concerns, or contract issues. NorthStar imports all its caustic soda from overseas.
However, NorthStar has not had any supply interruptions over the past 6 years, during which SOCWA has been contracting with NorthStar for caustic soda.
Table 5 - Sodium Hydroxide (Caustic Soda) Proposal Pricing ($/Gallon)(1) Chemical and Concentration Delivery Vol. Brenntag JCI NorthStar Current Sodium Hydroxide - 50% (1-500 gals) $5.25 $7.00 $3.60 $5.20 Sodium Hydroxide - 50% (501-1000 gals) $4.89 $4.70 $3.40 $4.45 Sodium Hydroxide - 50% (1001-2000 gals) $4.45 $3.50 $2.99 $3.99 Sodium Hydroxide - 50%(2) (2001-4000 gals) $3.99 $2.90
See
below $3.60
Sodium Hydroxide - 50%(2) (2001-3000 gals)
See
above
See
above $2.89
See
above
Sodium Hydroxide - 50%(2) (3001-4000 gals)
See
above
See
above $2.27
See
above
Sodium Hydroxide - 50%(2) (4001-4500 gals) $3.49 $2.65
See
above $2.98
Sodium Hydroxide - 50% (>4500 gals) Full Load $3.49 $2.60 $2.27 $2.98 Sodium Hydroxide - 30% (1-500 gals) $4.45 $6.00 $2.36 $3.63 Sodium Hydroxide - 30% (501-700 gal) $4.05 $3.60 $2.14 $3.18 Sodium Hydroxide - 30% (701-1000 gals) $4.05 $2.85 $1.97 $2.85 Sodium Hydroxide - 30% (1001-2000 gals) $3.45 $2.40 $1.86 $2.43 Sodium Hydroxide - 30% (2001-3000 gals) $2.65 $1.80 $1.69 $2.19 Sodium Hydroxide - 30% (3001-4000 gals) $2.65 $1.60 $1.50 $2.14 Sodium Hydroxide - 30% (>4000 gals) Full Load $2.26 $1.55 $1.40 $1.80 Sodium Hydroxide - 25% (501-1500 gals) $2.65 $3.30 $1.70 $2.30 (1) Prices do not include applicable fees, taxes, and tariffs that will be included in the contract terms and conditions.
(2) 2001 to 4000 gallons was bifurcated by NorthStar, as presented above. This did not affect the weighted cost ratings assessment.
110
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June 5, 2025
Table 6 - Sodium Hydroxide (Caustic Soda) Proposal Pricing Annual Estimated Contract Value (1) (in alphabetical order)
Vendor
Est. Annual Contract
Value(1)
Brenntag $50,593
JCI Jones $37,691
Northstar $32,907
Current $43,200
(1) Calculated based on SOCWA’s CY2024 usage.
Last Best and Final Offer Process (BAFO)
SOCWA staff contacted JCI regarding its sodium hypochlorite proposal. SOCWA staff requested that the pricing be extended to 12 months from the 6 months proposed by JCI. JCI accepted SOCWA’s request for a 12-month term.
SOCWA staff, in coordination with Counsel, worked with JCI and NorthStar to develop tariffrelated contract language. At this time, only NorthStar could provide a cost impact for the current tariffs placed on countries involved with their chemical production supply chain (a 10% tariff on materials from Japan and Korea). These impacts on NorthStar are as follows:
Proposed Tariff Impact per $/Gallon as of 5/1/25
Sodium Hydroxide 50% $0.14
Sodium Hydroxide 30% $0.07
Sodium Hydroxide 25% $0.06
To address tariff impacts and the ongoing uncertainty of changes to tariffs during the duration of the contract period, the following terms will be incorporated into these chemical contracts:
Impacts from Tariffs. The parties acknowledge and agree that tariffs, levies, duties, taxes, or laws/regulations of similar effect (collectively, “Tariffs”) may go into effect after the date hereof, and Vendor has not included the impact of any Tariffs in the Contract Sum. In the event that the cost of producing contracted products escalates prior to the expiration of the Contract Time due to Tariffs, whether such escalation is the result of direct Tariff assessments or the impact of Tariffs on demand and price for internationally or domestically produced chemicals, Vendor shall: (i) inform SOCWA of such escalation and shall provide back-up documentation establishing such escalation; (ii) use commercially reasonable efforts to work with SOCWA to develop mitigation strategies; (iii) be entitled to an increase in the contracted price per gallon to the extent of any substantiated material price escalation.
Proposal and BAFO Process Conclusions
SOCWA staff finds that the vendors with the highest ratings are JCI Jones for sodium hypochlorite (bleach) and NorthStar Chemical for sodium hydroxide (caustic soda).
Prior Related Project Committee or Board Action(s)
111
26 Chlor Alkali Products Contract Award Page 6 of 6
June 5, 2025
None
Fiscal Impact
Not including potential Tariff impacts, it is estimated that there will be an annual cost decrease of $64,000, or about 29%, for sodium hypochlorite (bleach) and an annual cost decrease of $5,500, or about 13%, for sodium hydroxide (caustic soda).
Recommended Action: Staff recommends that the Board of Directors authorize the General Manager to:
1. Award a contract to JCI Jones Chemicals Inc. for sodium hypochlorite products for one (1) year with up to three (3) optional annual renewals;
2. Award a contract to NorthStar Chemical, Inc. (a DBA of Pacific Star Chemical, LLC.) for sodium hydroxide products for one (1) year with up to three (3) optional annual renewals; and
3. Initiate subsequent renewals with an increase of 10% or less. 112
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
Meeting Date: June 17, 2025 Agenda Item: 11K.
Submitted By: Public Works
Prepared By: Ryan Kim, Senior Civil Engineer – Traffic
Zak Ponsen, Assistant City Engineer
Subject:
..titl e
CONSIDERATION OF A RESOLUTION AWARDING A PROFESSIONAL SERVICES AGREEMENT TO CHEN RYAN ASSOCIATES, INC. (CRA) FOR ENGINEERING SERVICES RELATED TO THE CALAFIA COMPLETE STREETS, CIP PROJECT NO. 15319,
AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT, ACCEPTING GRANT FUNDING ..body AND MAKING A SUPPLEMENTAL APPROPRIATION RELATED THERETO Fiscal Impact:
The total cost of the design phase and engineering support services for the Calafia Complete Streets project is $299,196. This includes a professional services contract agreement in the amount of $279,196, and staff project management cost of $20,000. The City has been awarded a federal grant to help fund this phase of the project in the amount of $176,000. The project design phase estimate that was approved in the FY 2024/25 budget was only $150,000, therefore a supplemental appropriation in the amount of $149,196 from the State Road Maintenance Rehabilitation Account (RMRA) Gas Tax Fund is recommended for project expenditure Account No. 011-864-45300-000-15319. There is an available balance within the RMRA Gas Tax Fund for this expenditure.
Summary:
Before the City Council is a resolution awarding a professional services agreement with Chen Ryan Associates, Inc. (CRA) to provide construction plans, specifications, and engineering construction support services for design of the Calafia Complete Streets Project in an amount not to exceed $279,196. This project will add sidewalk and bike lane improvements on Avenida Calafia from Avenida Del Presidente to the Calafia State Beach parking Lot.
Background:
Avenida Calafia is the primary street access for visiting the San Clemente California State Park.
It has one travel lane in each direction, with varying widths and curves. The speed limit is 25 mph, but there are no sidewalks or bikeways for most of its length, while the adjacent streets of Avenida Del Presidente and South Ola Vista have Class 2 Bike Lanes. The street also intersects with Avenida Montalvo, and has several driveways to residential homes, the San Clemente Inn/Riviera Restaurant and the San Clemente State Beach campground. A senior living community is also at the southeast corner of Avenida Calafia and Avenida Del Presidente.
Avenida Calafia offers connectivity to main bus and trolley routes and builds connections for pedestrians and bicyclists to access San Clemente State Beach and the extremely popular San Clemente Beach Trail system. Currently, pedestrians and bicyclist on Avenida Calafia are forced 1 Meeting Date: June 17, 2025 Agenda Item: 11K.
CITY OF SAN CLEMENTE
to share the travel lanes with vehicles. This includes beach goers with lots of belongings and strollers for young family members.
The project is proposing to fill the missing gaps of sidewalk and add either Class 2 or 3 bike lanes to the street. Due to the steep slopes adjacent the street, the project is proposing to narrow the travel lanes and construct new curb, gutter, and sidewalk within the existing improved footprint.
By narrowing the travel lanes, the project should be able to be expedited through the California Coastal Commission permitting process since it will not interfere with existing native landscaping or change the coastal topography of the natural slopes that border the street. The project will also require coordination and approvals from the California State Parks for modifications to the street improvements where the project connects into the Calafia State Beach Parking Lot.
On October 3, 2023, City Council authorized staff to submit a grant funding application for complete streets improvements to Avenida Calafia. The Complete Streets call for projects utilizes Federal Highways Administration (FHWA) Surface Transportation Block Grant Program (STBG) and Congestion Mitigation Air Quality (CMAQ) funds. The Orange County Complete Streets Program (OCCSP) was developed in accordance with a new Southern California Association of Governments (SCAG) project selection process for the apportionment of STBG/CMAQ funds.
The City’s Calafia Complete Streets project was approved as part of the grant award, and requries the City to follow strict Caltrans Local Assistance Manual (LAPM) requirements for awarding of contracts and utilization of federal funds. The City was awarded $176,000 for the design phase and $842,000 for the construction phase.
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 on Planet Bids. Staff received seven proposals, none of which were from companies based in San Clemente.
Consultant qualifications were evaluated and ranked based on the Request for Proposals criteria and LAPM requirements. Proposals were received from AZTEC Engineering California, Inc., Chen Ryan Associates, Inc., Michael Baker International, Inc., Onward Engineering, PSOMAS, RockSol Consulting Group, Inc., and Stantec Consulting Services Inc. 2 Meeting Date: June 17, 2025 Agenda Item: 11K.
CITY OF SAN CLEMENTE
Per LAPM requirements, a City panel of staff was formed to review the proposals received, and ranked them based on LAPM criteria listed in Table 1. Staff then conducted oral interviews with the top three ranked consultants: Chen Ryan Associates, Inc., Michael Baker International, Inc., and Stantec Consulting Services Inc., and determined that Chen Ryan Associates, Inc. (CRA) provided the best approach and team for the Project.
CRA is familiar with similar types of projects, and staff believe they will provide excellent services for the Project. After determining CRA as the top firm, per the LAPM and grant requirements, staff then opened CRA’s sealed envelope containing the cost estimate. CRA’s unsealed cost proposal was $341,087, but included providing unforeseen upgrades needed to the driveways of residences along Avenida Calafia and modifications to the Avenida Calafia intersections at Avenida Montalvo and South Ola Vista. Cost negotiations were then completed that resulted in a revised cost proposal from CRA as per Table 2 below. Since the negotiated cost proposal was determined to be fair and reasonable considering their additional cost for including upgrades that were not anticipated by staff, per LAPM requirements, all remaining sealed envelopes containing cost proposals will be returned to the other consultants.
Table 2. Negotiated Fee Proposal Schedule
Task Description Proposal
Amount
1. Project Management $19,088
2. Preliminary Engineering (PE) $145,324
3. Plans, Specifications, & Estimate (PS&E) $102,112
Selected
Optional Task 2.
Bidding and Construction Support $12,672
Total $279,196
It should be noted that the FY 2024/25 approved budget included an error in the estimated project cost being $150,000. Instead of Federal grant funding being $126,000 (and a $24,000 minimum City match), the actual grant application was for $176,000 (plus a $24,000 minimum match). This would have resulted in a project budget amount of $200,000, not $150,000.
Council Options:
Adopt Resolution No. 25-94 (Attachment 1), awarding a Professional Services Agreement to Chen Ryan Associates, Inc. in an amount not to exceed $279,196 and authorizing the City Manager to execute the Agreement.
Modify and adopt Resolution No. 25-94.
Continue the item with direction to provide additional information. 3 Meeting Date: June 17, 2025 Agenda Item: 11K.
CITY OF SAN CLEMENTE
Do not award the contract to Chen Ryan Associates, Inc. and provide direction to staff. Per LAPM requirements, if the City Council’s desire is to deny the proposal from CRA and proceed with another consultant, then staff will open the cost proposal from the next highest rank consultant and start negotiations with them. Doing this would eliminate CRA from any further consideration.
Environmental Review/Analysis:
Not a “project” under the California Environmental Quality Act (CEQA) Guidelines section 15378 (14 CCR section 15378). Performing of Plan Preparation 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. Once the project design is completed it will undergo CEQA analysis separately when taken back to City Council for approval.
Recommended Actions:
Staff recommends that the City Council adopt Resolution No. 25-94, which will:
1. Accept the federal Complete Streets Program grant for the Project Approval & Environmental Documents (PA&ED) and Plans, Specifications & Estimate (PS&E project phases in the amount of $176,000 (Revenue Account No. 011-000-33180-000-15319);
2. Approve a supplemental appropriation in the amount of $149,196 from the State SB-1 Road Maintenance Rehabilitation Account (RMRA) Funds to project expenditure Account No. 011- 864-45300-000-15319;
3. Award a Professional Services Agreement to Chen Ryan Associates, Inc. for engineering support services for the Calafia Complete Streets Project, CIP Project No. 15319; and
4. Authorize the City Manager to execute a Professional Services Agreement with Chen Ryan Associates, Inc. in an amount not to exceed $279,196.
5. Authorize the City Manager and/or the Public Works Director/City Engineer to execute all necessary applications, tentative agreements, and/or other such documents/actions required to complete the design and permitting of the project with the California Coastal Commission, California State Parks, and any other necessary parties. ..recommendation
..end
Attachment:
1. Resolution No. 25-94
2. Professional Consultant Services Agreement with Chen Ryan Associates, Inc.
Notification:
All proposers.
4 Attachment 1
RESOLUTION NO. 25-94
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN CLEMENTE, CALIFORNIA, APPROVING A
PROFESSIONAL CONSULTANT SERVICES AGREEMENT
TO CHEN RYAN ASSOCIATES, INC. FOR CALAFIA
COMPLETE STREETS, CIP PROJECT NO. 15319, AND
AUTHORIZING THE CITY MANAGER TO EXECUTE THE
AGREEMENT IN AN AMOUNT NOT TO EXCEED $279,196,
ACCEPTING RELATED GRANT FUNDING OF $176,000,
AND MAKING A SUPPLEMENTAL APPROPRIATION OF
$149,196
WHEREAS, on October 3, 2023, City Council authorized staff to submit a grant funding application for complete streets improvements to Avenida Calafia; and WHEREAS, the City was awarded $176,000 for the design phase and $842,000 for the construction phase of the project which is subject to City fair share cost and Caltrans Local Assistance Manual (LAPM) requirements; and WHEREAS, on December 5, 2024, the Engineering Division solicited proposals from qualified firms to provide engineering consulting services for the Calafia Complete Streets, CIP Project No. 15319 (Project); and
WHEREAS, on February 6, 2025, the City received seven (7) responsive proposals for the Project; and
WHEREAS, City staff reviewed the submitted proposals, conducted oral interviews with the top three (3) ranked consultants and determined that Chen Ryan Associates, Inc. provided the best approach and team for the Project, was the most qualified to perform the services and its fee is fair and reasonable.
NOW, THEREFORE, the City Council of the City of San Clemente does hereby find, determine and resolve as follows:
SECTION 1. That the above recitations are true and correct and incorporated fully herein.
SECTION 2. That the City hereby accept the federal Complete Streets Program grant for the Project Approval & Environmental Documents (PA&ED) and Plans, Specifications & Estimate (PS&E) project phases in the amount of $176,000 (Revenue Account No. 011-000-33180-000-15319).
SECTION 3. That a supplemental appropriation in the amount of $149,196 from the State SB-1 Road Maintenance Rehabilitation Account (RMRA) Funds to project expenditure Account No. 011-864-45300-000-15319 is hereby approved. 5 Resolution No. 25-94 Page 2
SECTION 4. That Chen Ryan Associates, Inc. is hereby determined to be the most qualified to perform the engineering consulting services needed for the Calafia Complete Streets, CIP Project No. 15319, and its fee is fair and reasonable.
SECTION 5. That the Professional Consulting Services Agreement is hereby awarded to Chen Ryan Associates, Inc. for engineering consulting services for the Calafia Complete Streets, CIP Project No. 15319.
SECTION 6. That the City Manager is authorized and directed to execute the Agreement for the Calafia Complete Streets, CIP Project No. 15319 with Chen Ryan Associates, Inc. in an amount not to exceed $279,196, in a form substantially similar to that presented to City Council on June 17, 2025.
SECTION 7. That the City Manager and/or Public Works Director/City Engineer are authorized to execute all necessary applications, tentative agreements, and/or other such documents/actions required to complete the design and permitting of the project with the California Coastal Commission, California State Parks, and any other necessary parties and to take such other and further action as is necessary and proper to accomplish the purposes of this resolution.
SECTION 8. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
PASSED AND ADOPTED this _____ day of June, 2025.
ATTEST:
___________________________ __________________________
City Clerk of the City of Steve Knoblock, Mayor of the
San Clemente, California City of San Clemente, California 6 Resolution No. 25-94 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. 25-94 was adopted at a regular meeting of the City Council of the City of San Clemente held on the _______ day of June, 2025, by the following vote:
AYES:
NOES:
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this _____ day of ___________, _____. __________________________
CITY CLERK of the City of
San Clemente, California
Approved as to form:
___________________________
Elizabeth A. Mitchell, City Attorney
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CITY OF SAN CLEMENTE
PROFESSIONAL CONSULTANT SERVICES AGREEMENT
1. PARTIES AND DATE.
This Agreement is made and entered into this ___17th__ day of June , 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 CHEN RYAN ASSOCIATES, INC., a CALIFORNIA CORPORATION, with its principal place of business at 3900 FIFTH AVENUE, SUITE 310, SAN DIEGO, CALIFORNIA 92103 ("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 CALAFIA COMPLETE STREETS PROJECT DESIGN AND CONSTRUCTION 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 CALAFIA COMPLETE STREETS PROJECT DESIGN AND CONSTRUCTION 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 DESIGN AND CONSTRUCTION consulting services for the CALAFIA COMPLETE STREETS project ("Project") as set forth in this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional CALAFIA COMPLETE STREETS PROJECT DESIGN AND CONSTRUCTION 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 June 17, 2025 until the Services are completed to the satisfaction of the City, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.
3.2 Responsibilities of Consultant.
3.2.1 Independent Contractor; Control and Payment of Subordinates. The Attachment 2
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Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee.
Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on 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.
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3.2.6 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. The key personnel for performance of this Agreement are as follows: MONIQUE CHEN, PRINCIPAL-IN-CHARGE.
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 MONIQUE CHEN, PRINCIPAL-IN-CHARGE. 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 10 4914-0044-9079 v1 4
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or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.
3.2.11 Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting 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 TWO HUNDRED SEVENTY-NINE THOUSAND ONE HUNDRED NINETY-SIX DOLLARS ($279,196) without prior written approval of the City Council or City Manager as applicable. Extra Work may be previously authorized in writing, as described below, and if so 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.
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3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless previously authorized in writing by City, or included in Exhibit "D" of this Agreement.
3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.
Consultant shall not perform, nor be compensated for, Extra Work without prior written authorization from the City.
3.3.5 Rate Increases. In the event that this Agreement is renewed pursuant to Section 3.1.2, the rate set forth in Exhibit “D” may be adjusted each year at the time of renewal as set forth in Exhibit “D.”
3.3.6 Labor Code Requirements.
3.3.6.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
3.3.6.2 Registration. If the Services are being performed as part of an applicable “public works” or “maintenance” project, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the project and require the same of any subconsultants. This project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code sections 1725.5 and 1771.1 shall not apply to Services performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code sections 1725.5 and 1771.1.
3.4 Accounting Records.
3.4.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of four (4) years from the date of final payment under this Agreement.
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3.5 General Provisions.
3.5.1 Termination of Agreement.
3.5.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time, with or without cause, by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. 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: CHEN RYAN ASSOCIATES, INC.
3900 FIFTH AVENUE, SUITE 310
SAN DIEGO, CA 921035
ATTN: MONIQUE CHEN, PRINCIPAL-IN-CHARGE
City: City of San Clemente
910 Calle Negocio
San Clemente, CA 92673
ATTN: LAURA CAMPAGNOLO, CITY CLERK AND
DAVID REBENSDORF, PUBLIC WORKS DIRECTOR
/CITY ENGINEER
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
3.5.3 Ownership of Materials and Confidentiality.
3.5.3.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all 13 4914-0044-9079 v1 7
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subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data.
Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk.
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 14 4914-0044-9079 v1 8
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alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant's Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses. Consultant’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.
3.5.6.2 If Consultant’s obligation to defend, indemnify, and/or hold 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. 15 4914-0044-9079 v1 9
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3.5.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
3.5.16 No Third-Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
3.5.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.5.18 Prohibited Interests. 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 16 4914-0044-9079 v1 10
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provisions stipulated in this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed on the respective dates set forth opposite of their signatures.
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
CHEN RYAN ASSOCIATES, INC., A
CALIFORNIA CORPORATION
(“CONSULTANT”)
By:_____________________________
Monique J. Chen, CEO
Dated: __________________, 2025
By:_____________________________
Phuong Nguyen, Vice President
Dated: __________________, 2025
17 4914-0044-9079 v1 11
55452.01100\31193624.5
EXHIBIT "A"
SCOPE OF SERVICES
Consultant shall perform the following services for the City (collectively, the “Services”) to the City’s satisfaction:
Task 1. Project Management
a. Attend a pre-design (kick-off) meeting with City staff after the award of contract to conduct introductions, discuss scope of work, information needed from various City department, overall schedule and the implementation process. b. Coordinate bi-weekly progress conference calls with City staff to update the City of the project progress, and schedule status. This is also a time for the Consultant to ask any questions to the City or bring up any design issues encountered. c. Coordinate meetings to review the preliminary design, 60%, 90% and 100% submittals with City staff.
d. Provide a detailed project schedule with updates, and executive summary of project status to be submitted with each monthly invoice.
e. Maintain continuous awareness of the status of each task as it proceeds and make provisions to expedite and resolve any difficulties that may impede progress.
Task 2. Preliminary Engineering
a. Project Approval and Environmental Documentation (PA&ED). b. Right-of-Way. All work is assumed to be within existing public ROW. The design consultant shall perform research on available right-of-way maps, assessor parcel maps, and easement information within the project limits. Based on this information, existing ROW information shall be shown on the plans. If any TCEs (Temporary Construction Easements) are necessary, the consultant shall show them on the plans. The City will collaborate with the consultant to secure TCEs from adjacent property owners and/or the State Park for the necessary work on their street section. c. Review base data documents including as-built improvement plans, utility information, survey information, and other available record data.
d. Conduct necessary field surveys to assess existing conditions of the project area. e. Develop preliminary design.
f. Prepare Preliminary cost estimate (Identify special conditions that might create conflicts or change orders during construction and identify how to resolve these issues). g. Prepare Technical specifications.
Task 3. Plans, Specifications & Estimate
a. Plans, Specifications and Estimate (PS&E) shall be provided at levels of completion of approximately 60%, 90% and 100%.
b. The City will provide review comments at the 60%, and 90% design phases. c. The City will request the California Coastal Commission to provide review comments at the 60%, and 90% design phases.
d. It is expected 100% plans will be complete and include comments and input from all stakeholders and appropriate City staff.
e. Specifications shall be furnished using the latest edition of Microsoft Word for Windows.
The Consultant shall prepare the Specifications per City requirements and utilizing the Standard Specifications for Public Works Construction (“Greenbook”). f. Estimate shall be prepared in spreadsheet format using Microsoft Excel. g. The Consultant shall create a comment matrix to verify all City comments are addressed 18 4914-0044-9079 v1 12
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with each submittal.
h. Provide 60%, 90%, and 100% plans, specifications, and cost estimates for review and comments.
Caltrans LAPM Forms for PSE Certification and E-76 construction authorization:
The selected design consultant’s scope of work includes preparation of necessary technical documents, including necessary Caltrans LAPM Forms for PSE Certification and E-76 construction authorization after completion of PS&E Package, and all documents as necessary to provide the City an approved bid package read for bid advertisement.
Task 4. Bidding and Construction Support
a. Respond to Requests for Information (RFIs) during the project advertisement period, and log questions and responses.
b. Prepare project addenda.
c. Attend the pre-construction meeting, job walk, and job-site meetings when requested by the City over the course of the construction schedule (assume 5 meetings). d. Provide responses to the Contractor’s RFIs about the plans and specifications when requested by the City.
e. Provide responses and approvals to the Contractor’s submittals for materials and shop drawings when requested by the City.
f. Review Change Orders.
g. Provide all construction support through final completion of project, as may be needed. h. Provide support with Caltrans Award Package submittals, construction invoicing/reimbursement requests, and Final Report of Expenditures.
Task 5. Record Drawings (As-Builts)
a. Upon completion of all construction work, prepare as-built drawings based on field redlined as-built information provided by the City’s Construction Contractor.
The above tasks are provided as general guidance to the proposing firms. The proposers shall review the RFP and attached documents and conduct any other documents review, research and field reviews as they deem necessary, and provide a detailed scope of services as part of their proposals.
It is the Consultant’s responsibility to identify all necessary tasks and components, and provide all necessary services as required and in compliance with the Project Funding Application, Project Funding Agreement, this RFP and all applicable standards and requirements, and provide the City with a complete set of PS&E Bid Package approved by all regulatory and involved agencies.
Topographic Mapping / Conceptual Design
Topography shall include obtaining locations, elevations, and descriptions of:
o Contours at one-foot intervals
o Spot elevations on hardscape features
o Existing building and structure footprints
o Walls and fencing
o Curb and gutters, sidewalks and driveways, bridges, decks, stairways and handicap ramps, curb drains,
o Pavement area, including the roadway surfaces and striping o Storm drain and sewer manhole rims
o Power poles, street lights and traffic signals and signs 19 4914-0044-9079 v1 13
55452.01100\31193624.5
o Landscape areas, trees, and major specimen plants with trunk diameters greater than 6”
o Above-ground utilities, including valves, pull-boxes, meters, and vaults o Exposed mechanical utilities such as chilled water and stream pipelines o All major surface features that define the shape of the terrain, such as tops and toes of slopes, grade breaks, and natural ground
o Perform a detailed topographic land and property survey Develop up to 3 design concept alternatives with construction cost estimates. Conduct information meetings (2 hours) and progress meetings (2 hours) with City Staff to review and discuss the design concepts.
Coordinate and conduct site visits for City Staff to determine locations of proposed construction areas and evaluate areas encroaching on private properties. (2 hours for first site visit and 2 hours for second site visit, if necessary) Deliverables
The Consultant will be responsible for the following deliverables:
Topographic Mapping: AutoCAD
Design Concept Plans and Cost Estimates (Class 4): (3) hard copies, PDF, Excel, AutoCAD
60% Plans and Specifications & Cost Estimate (Class 3): (3) hard copies, PDF, Word, Excel, AutoCAD
90% Plans and Specifications & Cost Estimate (Class 2): (3) hard copies, PDF, Word, Excel, AutoCAD
Final Plans and Specifications & Cost Estimate (Class 2): (3) hard copies, PDF, Word, Excel, AutoCAD
Record Drawings: (1) hard copy, PDF, AutoCAD
All deliverables will be provided as electronic copies and reproducible original prints for the City’s use and distribution.
20 4914-0044-9079 v1 14
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EXHIBIT "B"
SCHEDULE OF SERVICES
Consultant shall diligently perform the services to the City’s satisfaction and within the timeframes established by the City and in sufficient time to ensure that the City meets established deadlines.
Consultant shall complete the following tasks within the identified time periods, unless a different schedule is agreed to in writing by the City:
TASK 1 DESIGN PHASE (196 days)
Task 1.1 Prep/execute kickoff meeting (1 day)
Task 1.2 Project Coordination, and Meetings (195 days)
TASK 2 PRELIMINARY DESIGN (101 days)
Task 2.1 Environmental Documentation (40 days)
Task 2.2 Record Research and Utility Coordination (100 days) Task 2.3 Survey (30 days)
Task 2.4 Parking Analysis (25 days)
Task 2.5 Preliminary Design Development (25 days)
Task 2.6 City Review (No. 1) (15 days)
Task 2.7 Community Outreach (30 days)
TASK 3 PLANS, SPECIFICATIONS & ESTIMATE (120 days)
Task 3.1 60% PS&E (40 days)
Task 3.2 WQMP/Hydrology and Hydrualics Analysis (30 days) Task 3.3 City Review (No. 2) (10 days)
Task 3.4 90% PS&E (30 days)
Task 3.5 City Review (No. 3) (10 days)
Task 3.6 Caltrans E-76 (40 days)
Task 3.7 100% PS&E (Final) (20 days)
Task 3.8 Design Close Out (5 days)
TASK 4 BID SUPPORT (40 days)
21 4914
-0044-9079 v1 15
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TASK 5 CONSTRUCTION SUPPORT(100 days)
22 ID !Task Name !Duration I Start I 2025 FIMIAIMIJI J IA Mon 313/251
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6 I
7 8
9 10
11 12
3 4
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Design Phase 195 days
Kick-Off Mectlng 1 day
Project Coord1nption, and Mootings 195 days
Preliminary De5ign 101 days
Environmental Docu11enlation 40 days
Record Research and Utility 100 days Coordination
Survey 30days
Parking Analysis 25days
Preliminary ~ igo Development 25 days
City Review (No. 1) 15 days
Community Outrooc:h 30days
Plans, Specifications &. Estlmate 120 days
60% PS&E 4-0 days
WOMP/Hydrology and Hydruelics 30 days Analysis
City Review (No 2)
90% F>S&E
City ReV1ew (No. 3)
Caltrans E-76
100% Ps&E (Final)
Design Close Out
Bid Support
Construction Support
10 days
30 d11ys
10 days
40days
20days
5days
40 da)'5
100 days
Moo 3131251· ~ ick-Off Meeting
Tue 314/25
Tuo 3/.4/25
Tue 5/20125
Wed3/5/251
Tue 3/4/25
Mon 5/19/25
Tue 4/15/25
Tue 5/20/25
Tue 5/20/25
Tue 61 10/25
Tue 6110/25
I
Tue 6124/251
Tue 815/25i
Tue 8/19125
Tue 9/30/2511
Tue 9130/25!
Tue 10l 14/251i
Tue 11125/25
Tue 12/21251
1 Tue 1/27/261
-Project Coordination, and Meetings
nvironmental Doc~mentation
ecord Resoarch and Utility Coordination
Design Develoit,ment
and Hydrualics Analysis
Construction Support
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55452.01100\31193624.5
4914-0044-9079 v1
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, 23 55452.01100\31193624.5
17 4914-0044-9079 v1
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 24 55452.01100\31193624.5
18 4914-0044-9079 v1
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.
25 55452.01100\31193624.5
19 4914-0044-9079 v1
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.
26 55452.01100\31193624.5
20 4914-0044-9079 v1
EXHIBIT “D”
COMPENSATION
In full compensation for the Services rendered by the Consultant under the Agreement, the City shall pay the Consultant for actual work performed at the following hourly rates. Total compensation shall not exceed $279,196. Except as expressly set forth below, there are no reimbursable expenses under this Agreement.
27 55452.01100\31193624.5
21 4914-0044-9079 v1
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55452.01100\31193624.5
22 4914-0044-9079 v1
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.
29 n
□
55452.01100\31193624.5
23 4914-0044-9079 v1
Dated: ________________________, 20____
________________________________
(“CONSULTANT”)
By: ________________________________
________________________________
Title
________________________________
Address
________________________________
30 910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
AGENDA REPORT
CITY OF SAN CLEMENTE
CITY COUNCIL MEETING
CITY OF SAN CLEMENTE
Meeting Date: June 17, 2025 Agenda Item: 11L.
Submitted By: Public Works
Prepared By: Julie Schmidt, Sr. Management Analyst
Subject:
..titl e
CONSIDERATION OF A RESOLUTION AWARDING A PROFESSIONAL SERVICES AGREEMENT TO SIERRA ANALYTICAL LABS, INC. FOR WATER QUALITY ANALYSIS
LABORATORY SERVICES AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT FOR THREE YEARS FOR A TOTAL AMOUNT NOT TO EXCEED $418,923 AND TWO ADDITIONAL ONE ..body-YEAR OPTIONS
Fiscal Impact:
Funding has been included for laboratory services in the Water and Sewer Operating Funds for Fiscal Year 2026 in the following accounts:
Account Amount
052-462-43890 $52,769.00
052-465-43890 $41,140.00
054-472-43890 $45,732.00
Total per year $139,641.00
Funding for future years of the Agreement will be included in the water and sewer operating budgets for the appropriate Fiscal Year. There is no proposed cost increase for the initial three years of the Agreement, which is for a total amount not to exceed $418,923.
Summary:
Before the City Council is the award of a three-year Professional Services Agreement with Sierra Analytical Labs, Inc. from July 1, 2025 through June 30, 2028 for an amount not to exceed $418,923, with the option for two, one-year extensions. Staff recommends that the City Manager be authorized to administratively approve extensions provided that they are with the City Council approved budget in future years. The Professional Services Agreement contains pricing for the initial three-year term for the various laboratory testing the City will require. Staff researched and found no certified laboratories within the City of San Clemente.
Background:
The City's Water Reclamation Plant is required by State and Federal regulations to sample various constituents in the treated wastewater discharged to the ocean, as well as the recycled water delivered to irrigation customers in the City. Additionally, weekly, monthly, and annual analysis of potable water supplied to San Clemente customers is required by the State of California as well as the Environmental Protection Agency. 1 Meeting Date: June 17, 2025 Agenda Item: 11L.
CITY OF SAN CLEMENTE
The City’s Water Reclamation Plant laboratory conducts wastewater, recycled water, and limited potable water testing to meet regulatory requirements and to maintain compliance with the City’s various permits. The laboratory work for the City is conducted by a full time Laboratory Coordinator with a primary focus on wastewater and recycled water. To augment coverage during staff vacations, emergencies, weekends, and for the majority of potable water testing, which the City laboratory does not have the equipment or certification to perform, on-call, contracted laboratory services are necessary from an appropriately certified laboratory.
Due to the upcoming expiration of the Laboratory Services contract with Sierra Analytical Labs, Inc. on June 30, 2025, Utilities staff researched whether there were any local vendors and prepared a Request for Proposal, which was advertised on PlanetBids. One responsive proposal was received from Sierra Analytical Labs, Inc. (Attachment 2). After evaluation of the proposal received, and an interview conducted by City staff, Sierra Analytical Labs, Inc. is recommended for a new contract for Water Quality Analysis Laboratory Services – Routine and On-Call, based on their experience working with other water agencies in Southern California, their significant work experience in performing water and wastewater laboratory services and analysis, familiarity and prior experience with the City, staff resources, a record of success providing laboratory services for the City over many years and their fee, which is fair and reasonable. Staff is not aware of any local vendors that perform these services.
Council Options:
Adopt Resolution No. 25-95, which would award a Professional Services Agreement to Sierra Analytical Labs, Inc. for Water Quality Analysis Laboratory Services for an initial three-year term for a total amount not to exceed $418,923, and authorize the City Manager to execute the Agreement and authorize up to two one-year extensions within budget constraints. Modify and adopt Resolution No. 25-95.
Continue the item and direct staff to provide additional information. Do not adopt Resolution No. 25-95 to award the contract to Sierra Analytical Labs, Inc. and give direction to staff.
Environmental Review/Analysis:
Not a “project” under the California Environmental Quality Act (CEQA) Guidelines section 15378 (14 CCR section 15378). The approval of the Agreement for Water Quality Analysis Laboratory 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.
Recommended Actions:
Staff Recommendation ..recommendation
Staff recommends that the City Council Adopt Resolution No. 25-95, which would:
1. Award a three-year Professional Services Agreement to Sierra Analytical Labs, Inc. for Water Quality Analysis Laboratory Services for a total amount not to exceed $418,923 during the first three years, plus two additional one-year options;
2 Meeting Date: June 17, 2025 Agenda Item: 11L.
CITY OF SAN CLEMENTE
2. Authorize the City Manager to execute the Professional Services Agreement with Sierra Analytical Labs, Inc. (Attachment 3); and
3. Authorize the City Manager to administratively approve up to two, one-year extensions to the Agreement that do not exceed the City Council approved budgeted amounts for each fiscal year.
..end
Attachments:
1. Resolution No. 25-95
2. Sierra Analytical Labs, Inc. Proposal
3. Professional Services Agreement with Sierra Analytical Labs, Inc.
Notification:
All proposers.
3 RESOLUTION NO. 25-95
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN CLEMENTE, CALIFORNIA, AWARDING A THREEYEAR PROFESSIONAL SERVICES AGREEMENT FOR
WATER QUALITY ANALYSIS LABORATORY SERVICES TO
SIERRA ANALYTICAL LABS, INC. WITH TWO OPTIONAL
ONE-YEAR EXTENSION, AND AUTHORIZING THE CITY
MANAGER TO EXECUTE THE AGREEMENT IN AN
AMOUNT NOT TO EXCEED $418,923 FOR THE INITIAL
TERM AND OPTIONS NOT TO EXCEED CITY COUNCIL
APPROVED BUDGETED AMOUNTS
WHEREAS, the City's Water Reclamation Plant is required by State and Federal regulations to sample various constituents in the treated wastewater discharged to the ocean, as well as the recycled water delivered to irrigation customers in the City.
Additionally, weekly, monthly, and annual analysis of potable water supplied to San Clemente customers is required by the State of California as well as the Environmental Protection Agency; and
WHEREAS, the City’s Water Reclamation Plant laboratory conducts wastewater, recycled water, and limited potable water testing to meet regulatory requirements and to maintain compliance with the City’s various permits. The laboratory work for the City is conducted by a full time Laboratory Coordinator with a primary focus on wastewater and recycled water. To augment coverage during staff vacations, emergencies, weekends, and for the majority of potable water testing, which the City laboratory does not have the equipment or certification to perform, on-call, contracted laboratory services are necessary from an appropriately certified laboratory; and
WHEREAS, the City entered into a contract with Sierra Analytical Labs, Inc. for laboratory services on June 18, 2019, which is set to expire on June 30, 2025; and WHEREAS, a Request for Proposals process was conducted for Water Quality Analysis Laboratory Services and only one (1) responsive proposal was received; and WHEREAS, after evaluation of the proposal received, and an interview conducted by City staff, Sierra Analytical Labs, Inc. is recommended for a new contract for Water Quality Analysis Laboratory Services, based on their experience working with other water agencies in Southern California, their significant work experience in performing water and wastewater laboratory services and analysis, familiarity and prior experience with the City, staff resources, a record of success providing laboratory services for the City over many years, and their fair and reasonable fee.
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.
Attachment 1
4 Resolution No. 25-95 Page 2
SECTION 2. That a three-year Professional Services Agreement for Water Quality Analysis Laboratory Services with two optional one-year extensions is hereby awarded to Sierra Analytical Labs, Inc.
SECTION 3. That the City Manager is authorized and directed to execute a Professional Services Agreement with Sierra Analytical Labs, Inc. for an amount not to exceed $418,923 total over the initial three-year term in a form substantially similar to that presented to City Council on June 17, 2025.
SECTION 4. That the City Manager is authorized to approve up to two, one-year extensions to such Agreement that do not exceed the City Council approved budgeted amounts for each fiscal year.
SECTION 5. 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 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 ____________________, _______.
ATTEST:
___________________________ __________________________
City Clerk of the City of Steve Knoblock, Mayor of the
San Clemente, California City of San Clemente, California 5 Resolution No. 25-95 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. 25-95 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
6 7
A.
SIERRA
1\. N ,\LY T ICAL
OFFICIAL PROPOSAL
City of San Clemente
Utilities Division
380 Ave. Pico, Bldg. N
San Clemente, CA 92672
CONFIDENTIAL
Proposal For:
Invitation #UT 2425-02
Water & Wastewater Water Quality Analysis,
Laboratory Services (Routine and On-Call)
Attn: Ms. Julie Schmidt, Sr. Management Analyst
From:
Chris Forsyth
Sierra Analytical Laboratories, Inc.
26052 Merit Circle, Suite 104
Laguna Hills, CA 92653
Due: May 19, 2025, at 4:00 PM
26052 MERIT CIRCLE Sum 104, LAGUNA HILLS, CALIFORNIA 92653 TELEPHONE: (949) 348-9389 FAX: (949) 348-9115
E-MAIL: SIERRALABS @ SIERRALABS.NET
Attachment 2
8 CONFIDENTIAL
SI E RR A ANALYTIC AL
Ms. Julie Schmidt, Sr. Management Analyst
City of San Clemente
Utilities Division
380 Ave. Pico
San Clemente, CA 92672
Ref: Invitation #UT 2425-02 - Request for Proposal, Water & Wastewater Water Quality Analysis, Laboratory Services, Routine and On-Call
Ms. Schmidt,
Sierra Analytical Labs, Inc. appreciates the opportunity to provide the City of San Clemente with the following proposal to provide Water and Wastewater Quality Analysis, Laboratory Services, both Routine and On-Call.
Introduction
Sierra Analytical Labs, Inc. is a State of California approved Environmental Testing Laboratory certified under the ELAP Program, and TNI Compliant. Our Certificate No. is 3110. A copy of the Certificate is included.
Sierra has been in operation since 1991 at the same location in Laguna Hills for 27 years. Sierra maintains a 6000 square foot facility that houses our sample receiving, office area, and the Departments of Microbiology, Wet Chemistry, Metals, and Organics with both Volatile and Semi-Volatile areas.
History
Sierra has had the privilege of providing laboratory service to the City of San Clemente since 1991. Over those 27 years, Sierra has always responded to the needs of the city, whether it be sampling, testing, and/or lab support to the treatment plant, even after-hours service to the Water Department regarding Microbiology sampling and testing on field projects.
Over the years, Sierra was involved in the Dry Season Sampling Program that included 20 sites, with sampling, field measurements and evaluations, as well as laboratory analytical testing. From September 2014 through February 2017, we performed all the water and wastewater lab services to include Process control, reclaim water, NPDES Permit requirements, on-site daily sampling seven (7) days a week, and 24/7 on-call service to the water department, in addition to sampling and testing the various wells and construction sites within the City. During that 2 ½ years, Sierra was responsible for all aspects of the city permits. When Mr. Ryan Peralta returned in February 2017, Sierra continued with the NPDES requirements until the city laboratory was re-certified in January 2018.
26052 MERIT CIRCLE Sum 104, LAGUNA HILLS, CALIFORNIA 92653 TELEPHONE: (949) 348-9389 FAX: (949) 348-9115
E-MAIL: S!ERRALABS @ SIERRALABS.NET
9 SIERHA
ANAL.YT !CAL
Today, Sierra provides support in all areas of sampling and testing when called upon as the need arises. Sierra also provides support after hours to the Water Department, with direct regards to sampling, sample receiving, and analysis prep in most cases being bacteriological.
Key Objectives to Proposal
Sierra's key objectives will be to continue providing a complete laboratory service including onsite sampling when requested along with around-the-clock on-call service for the water department. Laboratory services will be available around the clock, as coordinated with both San Clemente Staff and Sierra.
Sierra can also assist the city to manage the requirements of the NPDES and R WW Permits, and ensure sampling and testing are completed on the dates designated. All permit limits will be monitored with immediate notification of any violation/exceedance of limits. The testing includes routine testing, weekly, monthly, quarterly, semi-annually, annually, triennially, and oncall testing.
Objective Points of Reference:
• Process Control samples will be analyzed, collected if requested, and reported in a timely fashion. The same day reporting is available as desired. • Sierra can provide daily summary sheets.
• Provide all reports as needed in requested formatting and formal fashion. Reports are delivered electronically, and any required uploading of data will be performed (i.e.:
CLIP, EDT, etc.) as necessary.
This overview is based on the direct requirements to meet the needs and services the City of San Clemente expects under this proposal.
Sierra Analytical Labs, Inc. is providing the City of San Clemente an authorized and binded proposal by Chris Forsyth, Chief Operating Officer of Sierra.
In addition, Sierra stipulates that the proposed prices will be valid for a period of 90 days and extended to 120 days if necessary, by the City of San Clemente.
Sierra is located at:
26052 Merit Circle, Suite 104
Laguna Hills, CA 92653
Phone: 949-348-9389
Fax: 949-348-9115
Mobile: 714-504-9110 (Chris Forsyth)
Sierra is located 13 miles from the Treatment Plant at 380 Ave. Pico, San Clemente. 26052 MERIT CIRCLE Sum 104, LAGUNA HILLS, CALIFORNIA 92653 TELEPHONE: (949) 348-9389 FAX: (949) 348-9115
E-MAIL: SIERRALABS @ SIERRALABS.NET
10 SIERH A
,\NALYT! CAL
The following signature binds Sierra Analytical Labs, Inc., to the proposal identified as Water and Wastewater Water Quality Analysis, Laboratory Services, Routine and On-Call.
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26052 MERIT CIRCLE Sum 104, LAGUNA HILLS, CALIFORNIA 92653 TELEPHONE: (949) 348-9389 FAX: (949) 348-9115
E-MAIL: SIERRALABS @ SIERRALABS.NET
11 Sl[RRA
!\N!\LYTIC!\L
I. Background and Approach
Sierra Analytical Labs, Inc. is in full understanding of the expectations this scope requires, being Sierra has worked with the City of San Clemente for over 33 years.
Sierra will provide fully experienced staff, with direct oversight from our Technical Manager Mindy Froome into all services and analytical support. Either Mindy or I, Chris Forsyth, will be point of contact with any questions or concerns as it relates to any phase of this proposal. Nick Forsyth will assist with coordinating sample pickups, scheduled regulated sampling requirements, and the city's regular schedule scope. Chris will manage all Drinking Water Requirements with regards to Well sampling, Microbiological Testing and Reporting, Quarterly Disinfection By-Products, and CLIP requirements. Our Field Services staff will be ready for any sample collection requested.
Sierra's approach is to maintain a streamlined service from collection/delivery to final reporting in the most efficient timeline. This includes everything from providing carbon copies of all chains of custodies to verify samples obtained, daily report sheets, maintaining monthly log sheets in the laboratory, meeting all calendar sampling events, and reporting all results by email and formal reports in the time frame required.
II. Methodology(ies)
Sierra Analytical Labs, Inc. will utilize the methods outlined in "Standard Methods for the Examination of Water and Wastewater", both the 22nd and 2Yd Editions, along with approved EPA Methods for water, wastewater, groundwater, and solids. All methods are approved and comply with Title 22, 503 and State and Federal requirements.
If the need for a subcontract lab becomes necessary, the lab will be a State Certified Laboratory, and the test methods will be the appropriate methods. Sierra will maintain the proper chain of custody on all outside contract work.
Sierra will provide the City of San Clemente with a list of approved ELAP subcontractors. 26052 MERIT CRCLE SUITE 104, LAGUNA HILLS, CALIFORNIA 92653 TELEPHONE: (949) 348-9389 FAX: (949) 348-9115
E-MAIL: SIERRALABS @ SIERRALABS.NET
12 S 1£ R R A .A t'JA LYilCA L
III. Work Plans
The work plan is based on Sierra Analytical Labs, Inc., being available daily for any sample pickups and sampling when needed to meet the process control and permit requirements. The sample pick-up days will be coordinated by the city to meet their needs. Sierra will also be available as needed 7 days a week, and in any emergency. An after-hours call list will be provided for the city.
All samples and permit requirements are identified on the chain of custodies with carbon copies left each day at Plant Operations.
A summary sheet ofregulated testing requirements can be generated if necessary. This was a daily practice a few years back when Sierra was providing the on-site sampling and monitoring for the treatment plant.
Final reports are reported as work is completed, usually less than five (5) days unless there is a BOD that requires 5 days of incubation, then the results are issued in 5 working days. Any violations or exceedances of limits will be reported immediately to the City of San Clemente.
Drinking Water samples submitted for Microbiological Analysis will be prioritized for prep and immediate notification will be provided for any Positive Results. If any assistance is needed to meet the Revised Total Coliform rule after a Positive Sample is reported, Sierra can provide staff to re-collect and follow protocol.
IV. Project Organization and Staffing
The contract for the City of San Clemente will be managed by Chris Forsyth, who will be the key person on-site for sampling, testing, and any other requirements. Chris is the Director of Field Services and Microbiology Supervisor for Sierra Analytical Labs, Inc and has 28 years of experience in the environmental field. Chris has been familiar with the needs of San Clemente since 1996 and has been directly involved with previous projects including managing the Dry Weather Monitoring Program, Daily Treatment Plant Monitoring, and all Drinking Water sampling and analysis requirements.
Nick Forsyth will handle be the point person for coordination sample pickups for the plant, any daily treatment analysis results, and assisting with treatment plant monitoring requirements. Nick was trained in and executed all on-site services for the treatment plant with our former Lab Director/Owner Rick Forsyth when Sierra provided 7 Day a week service in the past.
Sample pick-up, or collection, will be directly performed by Sierra Staff and proper documentation and Chain of Custody will be executed at the time of exchange or receipt.
Samples will be received in-house and logged into our LIMS system prior to initiating analysis.
Sierra's normal turnaround time (TAT) is five (5) working days. The only deviation to the TAT 26052 MERIT CIRCLE SUITE 104, LAGUNA HILLS, CALIFORNIA 92653 TELEPHONE: (949) 348-9389 FAX: (949) 348-9115
E-MAIL: SIERRALABS @ SIERRALABS.NET
13 Slf.RRA
At~At YT ICAL
is sub-contract work that may be utilized, and our certified contract labs may have variable TA Ts of 7-21 working days. The City will be updated on the TA Ts when it involves tests that Sierra sub-contracts out.
Sierra's laboratory staff is outlined within the Statement of Qualifications.
Sample pick-ups, or collections, during regular business hours will continue to be $30.00. Any weekend or after-hours pick-up will be $80.00, while any holidays will be $150.00. Emergency on-call sampling or pick up will be subject to double the above-mentioned fees.
Sierra's included Price Schedule, as outlined in RFP, is based on cost of analysis, and not an hourly rate.
26052 MERIT CIRCLE SUITE 104, LAGUNA HILLS, CALIFORNIA 92653 TELEPHONE: (949) 348-9389 FAX: (949) 348-9115
E-MAIL: SIERRALABS @ SIERRALABS.NET
14 V. Related Experience with Contacts
The following are some examples of clients that Sierra has been or is involved in at this time that relate to your requirements.
Laboratory Projects and Client Contacts
1. Client: S.O.C.W.A
Contact: Bob Culver ([email protected]) Phone: (949) 401-8581 Project: Complete Analytical Services for potable water, treatment plants, and wastewater permit program.
Sierra provides complete laboratory services to S.O.C.W.A in reference to drinking water, industrial wastewater, sludges, and various treatment plant requirements. The service includes all phases from providing sample containers to the final reports. In addition, we support their industrial wastewater permit program with on-site sampling, flow measurements, and compositing and/or grab sampling, analysis, and reports.
2. Client: South Coast Water District
Contact: Jason Shim ([email protected]) Phone: (949) 499-1340 Project: Sierra provides weekly sampling at twelve (12) designated sites for the following tests:
HPC, Nitrites, Ammonia, Turbidity, Temperature, Total and Free Chlorine, and Total Coliforms (Open Contract). In addition, we respond to customer complaints.
Also, Sierra provide additional weekly sampling of two (2) routes; fifteen (15) designated sites, and six (6) designated sites. Another route includes nine (9) designated sites that are sampled twice a week for Kyle Gough at JWRSS. All three (3) routes include total and free chlorine in the field and laboratory analysis for Total Coliforms, HPC, pH, Nitrites, Nitrates, Ammonia, and General Physicals. TTHMs and HAA5s are samples and tested for each site on a quarterly basis.
3. Client: City of Newport Beach
Contact: Toan Van ([email protected]) Phone: 949-718-3412 Project: Complete Sampling and Analytical Services
Sierra samples thirty (30) designated sites a week within the city of Newport Beach water system. Bacteria sampling, temperature, pH, total chlorine, and free chlorine. Testing is performed in the field and recorded on the COC. Turbidity testing is done on the 30 sites one week out of the month. Sierra provides all required analytical servicing and backflows within the city.
26052 MERIT CIRCLE Sum 104, LAGUNA HILLS, CALIFORNIA 92653 TELEPHONE: (949) 348-9389 FAX: (949) 348-9115
E-MAIL: SIERRALABS@ SIERRALABS.NET
15 S I E R R .~ ~\ NA L YTIC.i\L
4. Client: Moulton Niguel Water District
Contact: Jesus Garibay ([email protected])
Project: Complete Analytical Services
Phone: 949-795-6754
949-425-3552
Sierra provides services seven (7) days a week to MNWD and the wastewater treatment plant.
Sierra performs all daily, weekly, monthly, semi-annual, and annual testing to comply with all permit requirements. Sample pickups are done each weekday and MNWD delivers on weekends due to scheduling.
5. Client: Laguna Beach County Water District
Contact: Kevin Lussier (KLussier(a),lbcwd.org) Phone: (949) 494-1041 Project: Chemical and microbiological analytical services Sierra provides analytical services for a minimum of twenty (20) reservoirs a week to include Total and Fecal Coliforms, Plate Counts, General Physical, Etc. In addition, we perform TTHM and HAAS testing on a quarterly basis.
6. Client: City of Huntington Beach
Contact: Kristen Schroeder ([email protected]) Phone: (714) 960-8802 Project: Complete Analytical and field services
Sierra provides complete laboratory services and support to the city of Huntington Beach, including sampling, sample pick-ups, and support of field operations.
7. Client: City of San Clemente
Contact: Dustin Burnside (bumsided<@san-clemente.org) Phone: (949) 361-8231 Project: Complete analytical services including 24/7 on call availability to the water department.
Sierra provides complete laboratory analysis to the City of San Clemente in reference to their drinking water, wastewater, rainwater run-off, sludge, waste, and any other needs that may arise.
The service includes providing sampling containers, preservatives, chain of custodies, sampling, sample pick-up, analysis, and final reports. Sierra has been working with City of San Clemente since 1991. Sierra maintains the backflow program for the city with annual inspections, repairs, and certification.
26052 MERIT CIRCLE Sum 104, LAGUNA HILLS, CALIFORNIA 92653 TELEPHONE: (949) 348-9389 FAX: (949) 348-9115
E-MAIL: SIERRALABS @ SIERRALABS.NET
16 SIE RR A
A~, A L 't' T IC AL
8. Client: Veolia Water, NA
Contact: Jacob Schmidt ([email protected]) Phone: (619) 662-7687 Ext: 222 Project: International Wastewater Treatment Plant
Sierra provides complete analytical service to Veolia Water, NA. who operates the SBI WWTP on the border in San Diego. Sierra picks up samples 365 days a year and has been working with the plant since 1996. All reports are provided in Hard Copy and EDD format to comply with the NPDES and International Boundary Commission, along with EPA. Sierra performs all the testing outlined in their NPDES permit for the wastewater plant along with all the transboundary river samples.
In Addition to the above references, Sierra is also contractually servicing:
La Palma Water District
Garden Grove Water District
Westminster Water District
Trabuco Canyon Water District
Fountain Valley Water District
VI. Project Schedule
Scheduling will be at the City of San Clemente's' discretion to meet their requirements and expectations. Sierra has a long history of meeting any of the city's' project or daily requirements.
San Clemente staff will coordinate with Nick Forsyth per their daily regularly scheduled needs. 26052 MERIT CIRCLE Sum 104, LAGUNA HILLS, CALIFORNIA 92653 TELEPHONE: (949) 348-9389 FAX: (949) 348-9115
E-MAIL: SIERRALABS@ SIERRALABS.NET
17 S I £ R II A ANA LY TI C A L
VII. Pricing
The Fee Schedule as provided shows individual organic compounds, that are not typically isolated out of a specific method analyte table. The pricing below references the desired method outlined in the Price Schedule.
The Organic Methods are:
Method Cost
$120.00
$300.00
$225.00
$150.00
$195.00
$650.00
$150.00
$300.00
EPA 524
EPA 515
EPA 505
EPA 527
EPA 531
EPA 537
EPA 504
EPA 525
Volatile Organics
Herbicides
Pesticides
Thiobencarb
Carbamates
PFOA/PFOS
DBCP/EDB
Semi-Volatiles
26052 MERIT CIRCLE SUITE 104, LAGUNA HILLS, CALIFORNIA 92653 TELEPHONE: (949) 348-9389 FAX: (949) 348-9115
E-MAIL: SIERRALABS @ SIERRALABS.NET
18 SIE R RA ,.\N,\ LYTlCAL
VIII. Statement of Compliance
Sierra Analytical Labs, Inc. is submitting the proposal for the City of San Clemente, Water and Wastewater Water Quality, Laboratory Services, Routine and On-Call in strict compliance with the Request for Proposal and Draft Agreement with no exceptions to either.
The signature below accepts the Proposal and Draft Agreement as is. • Chief erating Officer
Sierra Analytical Labs, Inc.
Dated: May 19, 2025
26052 MERIT CIRCLE Sum 104, LAGUNA HILLS, CALIFORNIA 92653 TELEPHONE: (949) 348-9389 FAX: (949) 348-9115
E-MAIL: SIERRALABS @ SIERRALABS.NET
19 Sl[RR A ,>\N,\LYTI CAL
IX. Additional Information
Sierra Analytical Labs, Inc. has included the following in this section:
• Statement of Qualifications
• Copy of Chain of Custody (COC)
• Copy of ELAP Certificate (No. 3110)
26052 MERIT CIRCLE Sum 104, LAGUNA HILLS, CALIFORNIA 92653 TELEPHONE: (949) 348-9389 fAX: (949) 348-9115
E-MAIL: SIERRALABS @ SIERRALABS.NET
20 X. Non-Discrimination Statement
Sierra Analytical Labs, Inc. agrees that in carrying out its responsibilities under this agreement, and regarding 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 here under is sub-contracted to another person or firm (with approval of the City as required herein), sub-contractor shall contain a similar provision.
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Sierra Analytical Labs, Inc.
Dated: May 19, 2025
26052 MERIT CIRCLE Sum 104, LAGUNA HILLS, CALIFORNIA 92653 TELEPHONE: (949) 348-9389 FAX: (949) 348-9115
E-MAIL: SIERRALABS @ SIERRALABS.NET