Agenda packet — San Clemente City Council, February 3, 2026 (part 2 of 2)

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actions in connection with amending the Marblehead Coastal Specific Plan (MCSP) and approving modifications of the Lodge project through adoption of Resolution 25-137, Ordinance No. 1795 and Addendum No. 6 to the Final EIR for the MCSP.

AYE: Cabral, Enmeier, Knoblock, Wu and Mayor Loeffler
NOE: None
Closed Session concluded at 5:20 p.m.

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

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

PLEDGE OF ALLEGIANCE
Wayne Eggleston led the Pledge of Allegiance.

1. Special Presentations
A. PRESENTATION OF PROCLAMATION - INTERNATIONAL HOLOCAUST

REMEMBRANCE DAY
Councilmember Enmeier, with the City Council, presented a proclamation to Tomer (Thor) Johnson, Chabad Jewish Center of San Clemente, proclaiming January 27, 2026 as International Holocaust Remembrance Day.

Oleg Krepper, San Clemente, spoke on the importance of Holocaust remembrance.

2. Council Member Reports
Councilmember Cabral:
· Displayed photographs of the goats and weed conditions of the grazing area on City owned property. A hard copy of the photographs are on file with the City Clerk.
· Announced Love to Serve San Clemente's upcoming school beautification and gardening events.
· Attended the Orange County Hall of Fame ceremony.
· Met with the San Clemente Men’s Golf Club.
· Attended the San Onofre Nuclear Generating Station (SONGS) Community Engagement Panel (CEP) year end meeting.
· Attended the Light of the World Giving Machine opening at the San Clemente Outlets.

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· Attended the Lincoln Club dinner with elected officials. · Met with the Manufactured House Educational Trust.
· Met with Assemblywoman Davies.
· Met with Senator Strickland.
· Attended the Cal Cities meeting concerning the 2026 agenda. · Attended the Chapman University Christmas program.
· Participated in the San Clemente Chamber of Commerce 2nd Battalion 4th Marines holiday barbecue.
· Attended the OCYR Christmas Celebration.
· Honored by Assemblyman Chan in recognition of advocacy efforts for the City of San Clemente.
· Attended the Save our Beaches public forum discussing sand placement and efforts to get additional sand on San Clemente beaches. · Attended the Menorah lighting ceremony at the San Clemente Pier on December 21, 2025.
· Elected to represent the 5th district for Cal Cities. · Attended Cars and Coffee on January 17, 2026.
· Attended a reception for firefighter John Rawlins in recognition of his lifesaving efforts at Richard T. Steed Memorial Park pickleball courts. · Attended a conference in South Carolina.

Councilmember Wu:
· Recognized Mayor Pro Tem Knoblock for serving on the Orange County Mosquito and Vector Control Board.
· Attended the Menorah lighting ceremony at the San Clemente Pier on December 21, 2025.
· Attended the Retired Senior Volunteer Program (RSVP) holiday luncheon on December 10, 2025.
· Attended the Orange County Regional Holiday Mixer on December 10, 2025. · Attended the City of San Clemente Employee Holiday Party on December 10, 2025.
· Attended the Light of the World Giving Machine opening at the San Clemente Outlets on December 12, 2025.
· Attended the Orange County Mosquito and Vector Control board meeting on January 15, 2026.
· Attended the Association of California Cities Orange County (ACC-OC) Board installation on January 15, 2026.
· Attended Coastal Lux ribbon cutting ceremony on January 16, 2026.

Councilmember Enmeier:
· Attended the 2nd Battalion, 4th Marine Regiment holiday barbecue on December 18, 2025.
· Attended Cal Cities Coastal Cities Group Leadership Committee meetings on December 18, 2025 and January 15, 2026.
· Attended the Coastal Animal Services Authority (CASA) Joint Powers

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Authority (JPA) special meeting on December 22, 2025.
· Attended the Save Our Beaches Meeting.
· Attended the Orange County Free Tax Prep Meeting on January 15, 2026. · Announced that United Way OC provides free tax preparation for low income families.

Mayor Pro Tem Knoblock:
· Attended the Menorah lighting ceremony at the San Clemente Pier on December 21, 2025.
· Attended the Christmas Tree lighting on the San Clemente Pier. · Attended the San Clemente Chamber of Commerce mixer at Agape on January 8, 2026.
· Met with Gavin Lemming, Pastor at Maritus Church.
· Met with the Manufactured House Educational Trust.
· Met with elected officials discussing San Clemente concerns.

Mayor Loeffler:
· Recognized Community Outreach Worker Hunter for her efforts in getting a San Clemente family housed.
· Attended the San Clemente Employee Christmas Party on December 10, 2025.
· Attended the Love San Clemente meeting on December 15, 2025. · Attended the Community Safety and Welfare Committee meeting on December 16, 2025.
· Attended the Park Rangers subcommittee meeting on December 17, 2025. · Attended the Menorah lighting ceremony at the San Clemente Pier on December 21, 2025.
· Attended a meeting at Park Semper Fi concerning potential camera installation.
· Attended a briefing with City Manager Hall and City Attorney Mitchell on January 5, 2026.
· Attended a department head meeting on January 6, 2026. · Met with a Marblehead resident on January 7, 2026.
· Met with Marine Safety on January 8, 2026.
· Attended the San Clemente Chamber of Commerce mixer at Agape on January 8, 2026.
· Met with a representative for the San Clemente Farmers Market on January 9, 2026.
· Attended the NECA SD Board Organization on January 10, 2026. · Met with City Manager Hall and Orange County Sheriff's Department Commander on January 13, 2026.
· Attended the ribbon cutting ceremony for Coastal Lux on January 16, 2026. · Attended the NECA OC Board Installation on January 16, 2025. · Attended the Pier Pride meeting on January 19, 2026.
· Attended a briefing with City Manager Hall and City Attorney Mitchell on

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January 19, 2026.
· Attended staff briefings on January 20, 2026.

3. Oral Communications (Part 1)
Tiffany Gregath and Tandi LeFranc, Orange County United Way, provided an update on 211 resources for Orange County; announced free tax preparation for low income Orange County residents.

Wayne Eggleston narrated a PowerPoint presentation regarding the holiday barbecue for the 2nd Battalion 4th Marines. A hard copy of the presentation is on file with the City Clerk.

Greg Hulsizer, San Clemente Lifeguard and Junior Guard Foundation, narrated a PowerPoint presentation concerning the status of fundraising for the lifeguard monument at Parque Del Mar.

Sarah Phillips, San Clemente, requested that the City Council move item 11M - Consideration of a resolution approving a lease agreement with the Department of Homeland Security Customs and Border Protection Agency for the installation and operation of a maritime surveillance system on city-owned land at the Reservoir 5 communications site (APN 690-502-16 and 690-502-12) earlier in the meeting to accommodate public speakers in attendance at the meeting.

Warren Vidrine, San Clemente, commented on the geography of San Clemente as it relates to Customs and Border Protection surveillance.

Louise Herbert, San Clemente, requested that the City Council move item 11M - Consideration of a resolution approving a lease agreement with the Department of Homeland Security Customs and Border Protection Agency for the installation and operation of a maritime surveillance system on city-owned land at the Reservoir 5 communications site (APN 690-502-16 and 690-502-12) earlier in the meeting to accommodate public speakers in attendance at the meeting.

Donna Vidrine spoke on Love to Serve San Clemente Foundation and urged the community to voluteer for school campus beautification projects.

Lois McNicoll opined on dredging as proposed method of sand replenishment on San Clemente beaches; commented on the citizen's ballot initiative.

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

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

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5. Consideration of agendizing items requiring immediate action None.

REORGANIZATION OF AGENDA
Motion by Councilmember Enmeier, second by Mayor Loeffler, CARRIED 4-1 (Mayor Pro Tem Knoblock voting NOE) to hear item 11M - CONSIDERATION

OF A RESOLUTION APPROVING A LEASE AGREEMENT WITH THE

DEPARTMENT OF HOMELAND SECURITY CUSTOMS AND BORDER

PROTECTION AGENCY FOR THE INSTALLATION AND OPERATION OF A

MARITIME SURVEILLANCE SYSTEM ON CITY-OWNED LAND AT THE
RESERVOIR 5 COMMUNICATIONS SITE (APN 690-502-16 AND 690-502-12) following public hearing item 8D.

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

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

Direction given, no reportable action considering:

A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Discussion concerning real property transactions in compliance with Government Code section 54956.8 regarding:

Real Property Negotiations: 150 Avenida Magdalena (APN 060-101-05) and 721 Avenida Salvador (APN 690-502-16)
Property: Wireless tower facilities located on City properties at the Municipal Golf Course site and at the Salvador Water Reservoir (aka Crown Castle Sites 823239 and 879058)
City Negotiators: Andy Hall, City Manager and Jonathan Lightfoot, City Planner Negotiating Parties: Crown Castle and MD7
Under Negotiation: Price and terms
No reportable action concerning:

B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code section 54956.9(a)&(d)(2)
Number of Cases: 1
Facts and Circumstances per Government Code section 54956.9(e)(2):

Litigation threatened by Beverly Wiesen as a result of the City Council’s actions in connection with amending the Marblehead Coastal Specific Plan

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(MCSP) and approving modifications of the Lodge project through adoption of Resolution 25-137, Ordinance No. 1795 and Addendum No. 6 to the Final EIR for the MCSP.

7. Staff Communications
Public Works Director/City Engineer Rebensdorf narrated a PowerPoint presentation providing an update on the beach trail repair. A hard copy of the presentation is on file with the City Clerk.

8. Public Hearings
8A. PUBLIC HEARING TO CONSIDER A CHANGE OR REVOCATION OF AN APPROVED WEEKLY “CARS AND COFFEE” EVENT UNDER CONDITIONAL USE PERMIT 22-328, PURSUANT TO SAN CLEMENTE MUNICIPAL CODE SECTION 17.12.175 AND TO CONSIDER WHETHER THE PROJECT IS

CATEGORICALLY EXEMPT FROM THE REQUIREMENTS OF THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT
Motion by Mayor Loeffler, second by Mayor Pro Tem Knoblock, CARRIED 4-1 (Councilmember Cabral voting NOE) to limit public speaker time to one (1) minute.

AYE: Enmeier, Knoblock, Wu and Mayor Loeffler
NOE: Cabral
Mayor Loeffler opened the public hearing.

Councilmember Wu disclosed that he received and communicated via email concerning "Cars and Coffee".

Councilmember Enmeier disclosed that he received email communications concerning "Cars and Coffee".

Councilmember Cabral disclosed that he has receieved email communications and has met with residents and interested parties relating to "Cars and Coffee" event.

Mayor Pro Tem Enmeier disclosed that he has receieved email communications and has met with residents and interested parties relating to "Cars and Coffee" event.

Mayor Loeffler disclosed that he has receieved email communications and has met with organizers regarding the "Cars and Coffee" event.

City Planner Lightfoot and Community Development Director Atamian narrated a PowerPoint presentation entitled "Cars and Coffee Events" and responded to City Council inquiries. A hard copy of the presentation is on file with the City Clerk.

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James Wehr, OC Cars and Coffee, spoke on the positive impact of Cars and Coffee on the community and modifications they have made to address community concerns.

The following individuals spoke in opposition to any change or revocation of the approved weekly "Cars and Coffee" event:

Addison Anderson, San Clemente
Don Yegan, Mission Viejo
Ira Horwitz, San Clemente
Larry Braun, Coto De Caza
Victor Munoz, SEMA Specialty Equipment Market Association Doug Anderson, Dana Point
Bill Burke, Ruby's Diner
Jon Andersen, San Clemente
Richard Adams, Ferrari Owners Club
Dennis Asbury, San Clemente
John Covert, Ladera Ranch
Jace Mullen
Ralph Gramajo
Matthew Zacherl, Rancho Santa Margarita
Matt Neale, San Clemente
Hal Kolp, San Clemente
Steve Bashe, San Clemente
Chris Wheeler, Coto De Caza
Gabe, Laguna Hills
Ted Quinn
Rob Johnston, San Clemente
Amanda Quintanilla
Allison Lusk Mauvezin, San Clemente
Sarah Wehr
Jake Burtz
Gina Barbee
Frank Orlando
Tara Bruce
John Schirmer, North Tustin
Michael Zurvalec, Rancho Santa Margarita
David Freedman
Michael Heredia
Ida Chavez
Tammi Pyatt
Gary Giacomini
Gary Willenborg
Jessica Monroe
Gary Hunt, San Clemente
Mike Ray
Kaikea Wilinski, Dana Point
Cody Byrd, San Clemente

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Charles Hightower, San Clemente
Adam Little
Gaelyn Goldsworthy, Rancho Santa Margarita
Alex Badawi
Monique Horwood, San Clemente
Denise Zivolich, San Clemente , narrated a PowerPoint presentation concerning police enforcement. A hard copy of the presentation is on file with the City Clerk.

There being no others desiring to speak, Mayor Loeffler closed the public hearing.

Motion by Councilmember Cabral, second by Mayor Knoblock, CARRIED 5-0, to table this item and take no action.

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

MEETING RECESSED
The City Council recessed the meeting at 7:56 p.m. and reconvened at 8:08 p.m. with all City Councilmembers present.
8B. CONTINUED PUBLIC HEARING REGARDING THE FAILURE OF

BROADMOOR SAN CLEMENTE COMMUNITY ASSOCIATION TO ENFORCE

CERTAIN COVENANTS, CONDITIONS AND RESTRICTIONS (CC&RS)
Mayor Loeffler opened the public hearing.

Councilmember Wu disclosed that he had ex parte communications with Felicidad and Delicada residents.

Mayor Pro Tem Knoblock disclosed that he had ex parte communications with the Broadmoor Homeowners Association President.

Councilmember Cabral disclosed that he held meetings with residents.

Mayor Loeffler disclosed that he toured the area.

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

Linda Williams, President, Broadmoor Homeowners Association, narrated a PowerPoint presentation concerning enforcement action. A hard copy of the presentation is on file with the City Clerk.

M'Liz Kelly spoke on tree trimming at her property to be in compliance.

Reva Buck urged the City Council to continue to monitor enforcement of the

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conditions, covenants and restrictions of the Broadmoor Community.

John Caretti, San Clemente, spoke on continued enforcement of the Broadmoor's conditions, covenants and restrictions; urged the City Council to remain involved in enforcement.

Paul Lefcourt urged the City Council to remain involved in enforcement of Broadmoor's conditions, covenants and restrictions.

Paul Buck, recognized the City Council for their actions concerning enforcement of the Broadmoor conditions, covenants and restrictions; urged the City Council to remain involved in continued enforcement.

Eric Fermin, San Clemente, urged the City Council to remain involved in enforcement of Broadmoor's conditions, covenants and restrictions.

Linda Williams, President, Broadmoor Homeowners Association, responded to comments and reaffirmed the associations commitment to enforcement.

There being no others desiring to speak, Mayor Loeffler closed the public hearing.

Motion by Councilmember Enmeier, second by Councilmember Cabral, CARRIED 5-0, to adopt Resolution No. 26-02 entitled A RESOLUTION OF THE

CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA,

DETERMINING THAT THE BROADMOOR SAN CLEMENTE COMMUNITY

ASSOCIATION HAS NOT FAILED TO PERFORM ITS ENFORCEMENT
DUTIES UNDER THE ASSOCIATION’S COVENANTS, CONDITIONS, AND RESTRICTIONS, SECTION 3 OF THE SUPPLEMENTAL COVENANTS,

CONDITIONS, AND RESTRICTIONS, RELATED TO HEIGHT LIMITS

SPECIFIED FOR TREES AND BUSHES APPLICABLE TO PRIVATE
PROPERTIES LOCATED BETWEEN 201 AND 327 CALLE DELICADA, SAN CLEMENTE, CA 92672, AS OF JANUARY 20, 2026.

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

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8C. CONSIDERATION OF A RESOLUTION TO APPROVE PUBLIC HEARING PROJECT (PHP) 25-558 TO MODIFY THE PREVIOUSLY APPROVED LODGE

HOTEL ROOFTOP RESTAURANT TO ENCLOSE A PORTION OF THE

ROOFTOP SEATING AREA AND ADD OPERATIONAL CONDITIONS OF
APPROVAL; AND MAKE FINDINGS UNDER THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT
Mayor Loeffler opened the public hearing.

Councilmember Cabral disclosed communications with stakeholders including homeowners, Outlets at San Clemente property owner and the architect designing the Lodge Hotel.

Mayor Loeffler disclosed communications with stakeholders including homeowners, Outlets at San Clemente property owner and the architect designing the Lodge Hotel.

Mayor Pro Tem Knoblock disclosed communications with stakeholders including homeowners, Outlets at San Clemente property owner and the architect designing the Lodge Hotel.

Community Development Director Atamian and City Planner Lightfoot narrated a PowerPoint presentation entitled "Amendment to the 'Lodge Hotel' Rooftop Restaurant" and responded to City Council inquiries. A hard copy of the presentation is on file with the City Clerk.

Tim Flemming, applicant (architect), utilized City staff's PowerPoint presentation, which is on file with the City Clerk.

Steve Craig, applicant (property owner), spoke on the modified design and operations of the Lodge Hotel project.

Amanda Quintanilla expressed concerns regarding special events as it relates to associated noise.

Beverly Wiesen, San Clemente, spoke on conditions of approval and proposed modifications of the Lodge Hotel.

Bart DeCoro, San Clemente, spoke in support of staff proposed Exhibit A, dated January 20, 2026 and on file with the City Clerk.

Kathy Esfahani, San Clemente, spoke in support of the Lodge Hotel project.

Steve Craig responded to the public comments made in regard to the Lodge Hotel as it relates to concerns regarding amplified sound.

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

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

To modify City staff proposed Exhibit A as follows:

3. Use of the rooftop facility shall be used primarily for food and beverage service accessory to the hotel. Weddings and concerts, or similar activities with loud music are prohibited.

5. The applicant shall utilize operable enclosure systems per the planned Nano Doors (or equivalent) to fully enclose designated service areas, per the plans attached to this agreement as Exhibit “B”. These areas shall be enclosed, and no guest access, service, or bussing shall occur outside enclosed areas, between 10:00 p.m. and 8:00 a.m. daily on Fridays and Saturdays and between 9 p.m. and 8 a.m. Sundays through Thursdays. All operable windows of the rooftop facility shall be closed when outdoor operations are not permitted per the operating hours. A manager with authority to immediately cease non-compliant activities shall be on site within the rooftop facility at all times the rooftop facility is operating to ensure compliance.

7. The rooftop plans and its construction shall incorporate all of the Noise Control Recommendations contained on page 18 of The Lodge at San Clemente Rooftop Venue Noise Impact Study by RK Engineering Group, Inc dated December 12, 2025, and incorporated herein as Exhibit “C” to the Resolution. Required construction specifications and permanent noise monitoring equipment shall be installed and maintained.

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

MEETING RECESSED
The City Council recessed the meeting at 10:20 p.m. and reconvened at 10:28 p.m. with all City Councilmembers present.

REORGANIZATION OF AGENDA
The City Council agreed to consider item 11M prior to public hearing item 8D.

Please reference page 26 of these minutes for a summary of action.

CONTINUATION OF MEETING PAST 11:00 P.M.

Motion by Councilmember Wu, second by Mayor Loeffler, CARRIED 5-0 to continue the meeting to 11:30 p.m.

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

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CONTINUATION OF MEETING PAST 11:00 P.M.

The City Council agreed to continue the meeting to 12:00 a.m.

REORGANIZATION OF AGENDA
The City Council agreed to consider item 10B - BID PROTEST HEARING FOR

THE CALLE FRONTERA SEWER LIFT STATION SOIL STABILIZATION PROJECT following item 11M. Please reference page 16 for a summary of action.

CONTINUATION OF MEETING PAST 11:00 P.M.

The City Council agreed to continue the meeting past 12:30 p.m. 8D. CONSIDERATION OF A RESOLUTION TO APPROVE GENERAL PLAN AMENDMENT 25-399; TO INCORPORATE POLICY LANGUAGE
CONSISTENT WITH SENATE BILL 1425, SENATE BILL 1035, AND ASSEMBLY BILL 747; AN UPDATE TO THE GENERAL PLAN IN

COMPLIANCE WITH CALIFORNIA GOVERNMENT CODE SECTIONS
65565.5, 65302, AND 65302.15, AND FINDING THE ACTION

CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL

QUALITY ACT
Mayor Loeffler opened the Public Hearing.

There being no one desiring to speak, Mayor Loeffler closed the public hearing.

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

Adopt Resolution No. 26-04 to approve General Plan Amendment 25-399 which will:

1. Determine that the General Plan Amendment 25-399 is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines §15307 and §15308.

2. Amend the Coastal, Natural Resources, and Safety Elements of the Centennial General Plan to address climate adaptation, access to open space, ecosystem preservation, wildfire risk mapping, and the identification and evaluation of evacuation routes.

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

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9. Unfinished Business
9A. CONSIDERATION OF A RESOLUTION AUTHORIZING THE FORMATION OF

A STAFF AND ADVISORY COMMITTEE TO DEVELOP A REQUEST FOR

PROPOSALS FOR SAN CLEMENTE MUNICIPAL GOLF COURSE PRO SHOP

SERVICES, INCLUDING MODIFICATION OF THE REVENUE-SHARING

MODEL FOR PRO SHOP AND STARTER OPERATIONS, AND FINDING THE

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

Mandy Hamiltion, Vice Chair of the Golf Course Committee, spoke on the Golf Course Committee recommendation concerning request for proposal for the Municipal Golf Course operations.

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

Adopt Resolution No. 26-05, which will:

1. Find the action categorically exempt from the California Environmental Quality Act (CEQA) under Title 14, Section 15301 (Class 1 - Existing Facilities), and Section 15323 (Class 23 - Normal Operations of Facilities for Public Gatherings).

2. Create a Golf Course RFP Task Force consisting of the City Council liaison to the Golf Course, the City Manager, the Director of Beaches, Parks and Recreation, and the Chair of the Golf Course Committee to develop an RFP for Golf Course daily operations (with the exception of maintenance) that is similar to the current model but with a modified revenue sharing system that allows additional revenue generation at the Golf Course.

3. Direct staff to prepare and administer the RFP for Golf Course operations based on direction from the Golf Course RFP Task Force and return to City Council with a recommendation based on an evaluation of the proposals received.

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

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10. New Business
10A. CONSIDERATION OF A RESOLUTION APPROVING AN EXEMPTION TO THE

FORMAL SOLICITATION PROCESS, AWARDING A PROFESSIONAL

SERVICES AGREEMENT TO CENTER OF NATURAL LANDS MANAGEMENT

FOR THE PREPARATION OF A CONSERVATION EASEMENT AND HABITAT

MANAGEMENT PLAN FOR PUBLIC OPEN SPACE IN FORSTER RANCH

INTENDED FOR PRESERVATION, AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT IN AN AMOUNT NOT TO EXCEED $60,000,

APPROVING A RELATED APPROPRIATION, AND FINDING THE PROJECT

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

John Dolegowski, San Clemente, spoke in support of the proposed conservation easement; urged the City to take action to address artichoke thistle within the proposed area.

Patricia Holloway spoke in support of the proposed conservation easement.

Amanda Quintanilla spoke in support of the proposed conservation easement; expressed concerns regarding the delay in preserving this area and the translocation plan.

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

Adopt Resolution No. 26-06, which will:

1. Find the project statutorily exempt from the California Environmental Quality Act (CEQA) under Section 15262 (Feasibility and Planning Studies) and 15378 (No Potential for Impact) of the State CEQA Guidelines.

2. Approve an exemption from the formal solicitation process within the City’s Purchasing Policy (Section XI.A.1.1.6).

3. Award a professional consulting services agreement to Center of Natural Lands Management to prepare documents for future consideration that would preserve 142.6 acres of City-owned open space to meet 1998 Interim Loss Habitat Permit conditions for the Reserve development.

4. Approve a one-time appropriation in the amount of $60,000 to fund the agreement with Center of Natural Lands Management to Account No. 001- 433-43890.

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5. Approve, and authorize the City Manager to execute, Contract No. C26- 01, by and between the City of San Clemente and Center of Natural Lands Management, providing for preparation of documents for future consideration that would preserve 142.6 acres of City-owned open space to meet 1998 Interim Loss Habitat Permit conditions for the Reserve development, in an amount not to exceed $60,000 for Phase One.

6. Direct staff to return to the City Council to make a decision on Phase Two for the approval and execution of a conservation easement, habitat management plan, and endowment agreement.

AYE: Cabral, Enmeier, Knoblock, Wu and Mayor Loeffler
NOE: None
10B. BID PROTEST HEARING FOR THE CALLE FRONTERA SEWER LIFT STATION SOIL STABILIZATION PROJECT, CIP PROJECT NO. 32201, AND

CONSIDERATION OF A RESOLUTION AWARDING A CONSTRUCTION

CONTRACT FOR THE PROJECT TO THE LOWEST RESPONSIVE AND

RESPONSIBLE BIDDER, AUTHORIZING THE CITY MANAGER TO EXECUTE

THE CONSTRUCTION CONTRACT, AND FINDING THE PROJECT

CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL

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

Jason Merritt, Wright Construction, spoke on the submitted bid protest.

Brandon Brockwey, Alliance Diversified Enterprises Inc., commented on the bid protest; responded to City Council inquiries.

Motion by Councilmember Cabral, second by Councilmember Enmeier, CARRIED 4-1 (Councilmember Wu voting NOE), to:

Adopt Resolution No. 26-07, which will:

1. Find the Calle Frontera Lift Station Soil Stabilization, Project No. 32201, categorically exempt from the California Environmental Quality Act (CEQA) under Class 3 (New Construction or Conversion of Small Structures, 14 CCR section 15303) of the State CEQA Guidelines.

2. Deny the bid protest submitted by Wright Construction Engineering Corp. and waive the immaterial bid irregularity in the bid submitted by Alliance Diversified Enterprises, Inc.

3. Award the Calle Frontera Lift Station Soil Stabilization, construction contract to Alliance Diversified Enterprises, Inc., as the lowest responsible

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and responsive bidder after application of the local vendor preference.

4. Approve, and authorize the City Manager to execute, Contract No. C26- 02, by and between the City of San Clemente and Alliance Diversified Enterprises, Inc., providing for the Calle Frontera Lift Station Soil Stabilization, in an amount not to exceed $769,904, in a form substantially similar to Contract No. 26-02 (Attachment 2).

AYE: Cabral, Enmeier, Knoblock and Mayor Loeffler
NOE: Wu
10C. CONSIDERATION OF A RESOLUTION IN SUPPORT OF UNITED STATES OF REPRESENTATIVES HOUSE BILL HR 2862 (LEVIN): SOUTHERN

CALIFORNIA COAST AND OCEAN PROTECTION ACT
Councilmember Enmeier narrated a PowerPoint presentation entitled "Agenda Item 10C CONSIDERATION OF A RESOLUTION IN SUPPORT OF UNITED STATES OF REPRESENTATIVES HOUSE BILL HR 2862 (LEVIN):

SOUTHERN CALIFORNIA COAST AND OCEAN PROTECTION ACT". A hard copy of the presentation is on file with the City Clerk.

Colton Roughen, Congressman Levin's Office, spoke in support of the proposed resolution to protect the San Clemente coast.

Motion by Councilmember Enmeier, second by Mayor Loeffler to adopt Resolution No. 26-08 entitled A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF SAN CLEMENTE, CALIFORNIA, OPPOSING NEW OFFSHORE OIL AND GAS DRILLING.

Substitute motion by Mayor Pro Tem Knoblock, second by Councilmember Cabral, CARRIED 3-1-1 (Mayor Loeffler voting NOE and Councilmember Enmeier abstaining) to adopt Resolution No. 26-08 entitled A RESOLUTION OF

THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, OPPOSING NEW OFFSHORE OIL AND GAS DRILLING with a modification to section 2 to read as follows:

That the City Council opposes any new offshore oil and gas drilling off the Southern California coast.

AYE: Cabral, Knoblock and Wu
NOE: Mayor Loeffler
ABSTAIN: Enmeier
CONTINUATION OF MEETING PAST 11:00 P.M.

The City Council determined to continue the meeting to 1:30 a.m.

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10D. DISCUSSION AND DIRECTION TO STAFF IN RELATION TO A POTENTIAL

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

Amanda Quintanilla narrated a PowerPoint presentation entitled "Addressing Potential Citizens Initiative". A hard copy of the presentation is on file with the City Clerk.

Motion by Councilmember Cabral, second by Councilmember Enmeier, CARRIED 4-1 (Councilmemebr Wu voting NOE), to authorize staff to educate the public on matters related to the proposed citizens initiative related to impacts to the to the community and City.

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

11. Consent Calendar
The City Council removed items 11(B)6 and 11D from the Consent Calendar for discussion.

The City Council previously considered item 11M, please reference page 26 for a summary of action.

A. City Council Minutes
Motion by Mayor Pro Tem Knoblock, second by Councilmember Wu, CARRIED 5-0, to:
(1) APPROVE THE CITY COUNCIL ADJOURNED REGULAR MEETING MINUTES OF DECEMBER 9, 2025.

AYE: Cabral, Enmeier, Knoblock, Wu and Mayor Loeffler
NOE: None
B. Commission/Committee Minutes
Motion by Mayor Pro Tem Knoblock, second by Councilmember Wu, CARRIED 5-0, to receive and file the following:
(1) BEACHES, PARKS AND RECREATION COMMISSION REGULAR MEETING MINUTES OF OCTOBER 14, 2025.
(2) BEACHES, PARKS AND RECREATION COMMISSION SPECIAL MEETING MINUTES OF OCTOBER 28, 2025.
(3) PLANNING COMMISSION REGULAR MEETING MINUTES OF DECEMBER 3, 2025.
(4) ZONING ADMINISTRATOR REGULAR MEETING MINUTES OF DECEMBER 4, 2025.

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(5) DESIGN REVIEW SUBCOMMITTEE REGULAR MEETING MINUTES OF DECEMBER 10, 2025.
(7) DESIGN REVIEW SUBCOMMITTEE SPECIAL MEETING MINUTES OF DECEMBER 17, 2025.
(8) ZONING ADMINISTRATOR REGULAR MEETING MINUTES OF DECEMBER 18, 2025.
(9) ZONING ADMINISTRATOR ADJOURNED MEETING MINUTES OF
DECEMBER 23, 2025.

AYE: Cabral, Enmeier, Knoblock, Wu and Mayor Loeffler
NOE: None
C. Warrant Register
Motion by Mayor Pro Tem Knoblock, second by Councilmember Wu, CARRIED 5-0, to:
(1) APPROVE WIRE TRANSFER NOS.
3345 THROUGH 3352 AND WARRANT NOS.
608604 THROUGH 608762, PAID ON
11-28-25, IN THE AMOUNT OF $2,528,512.93
(2) APPROVE WARRANT NOS.
608763 THROUGH 608835, PAID ON
12-5-25, IN THE AMOUNT OF $6,293,167.07
(3) APPROVE WIRE TRANSFER NOS.
3353 THROUGH 3358 AND WARRANT NOS.
608836 THROUGH 608947, PAID ON
12-12-25, IN THE AMOUNT OF $2,263,058.98
(4) APPROVE HANDWRITE NOS. 609060
THROUGH 609061 AND WARRANT NOS.
608948 THROUGH 609059, PAID ON
12-19-25, IN THE AMOUNT OF $889,739.47
(5) APPROVE WIRE TRANSFER NOS.
3359 THROUGH 3364 AND WARRANT NOS.
609062 THROUGH 609184, PAID ON
12-26-25, IN THE AMOUNT OF $1,281,924.63
(6) APPROVE WIRE TRANSFER NOS.
3365 THROUGH 3373 AND WARRANT NOS.
609185 THROUGH 609269, PAID ON
1-9-26, IN THE AMOUNT OF $3,851,291.25
TOTAL WARRANT REGISTER $17,107,694.33
AYE: Cabral, Enmeier, Knoblock, Wu and Mayor Loeffler
NOE: None

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Payroll Register
Motion by Mayor Pro Tem Knoblock, second by Councilmember Wu, CARRIED 5-0, to:

APPROVE AUTOMATIC DEPOSIT
ADVISES 107990 THROUGH 108304,
FOR THE PERIOD 11-10-25 THROUGH
11-23-25, PAID ON 11-28-25, IN THE
AMOUNT OF $530,189.83
APPROVE WARRANT NOS. 989
THROUGH 990, AND AUTOMATIC
DEPOSIT ADVISES 108305
THROUGH 108637, FOR THE PERIOD
11-24-25 THROUGH 12-7-25, PAID
ON 12-12-25, IN THE AMOUNT OF $734,569.65
APPROVE WARRANT NO. 991, AND
AUTOMATIC DEPOSIT ADVISES 108638
THROUGH 108975, FOR THE PERIOD
12-8-25 THROUGH 12-21-25, PAID
ON 12-26-25, IN THE AMOUNT OF $543,641.74
APPROVE WARRANT NO. 992, AND
AUTOMATIC DEPOSIT ADVISES 108976
THROUGH 109262, FOR THE PERIOD
12-22-25 THROUGH 1-4-26, PAID
ON 1-9-26, IN THE AMOUNT OF $548,411.97
TOTAL PAYROLL REGISTER $2,356,813.19
AYE: Cabral, Enmeier, Knoblock, Wu and Mayor Loeffler
NOE: None
11E. CONSIDERATION OF A RESOLUTION ACCEPTING EASEMENT FOR

PUBLIC STORM DRAIN, SEWER, AND UTILITY PURPOSES FOR THE

NEWLY CONSTRUCTED CYPRUS SHORE STORM DRAIN AND SEWER LIFT STATION IMPROVEMENTS, CIP PROJECT NOS. 12004 & 12210, GRANTED

BY THE CYPRUS SHORE COMMUNITY ASSOCIATION, AND AUTHORIZING

THE CITY MANAGER TO EXECUTE THE ACCEPTANCE
Motion by Mayor Pro Tem Knoblock, second by Councilmember Wu, CARRIED 5-0, to:

Adopt Resolution No. 26-09, which will:

1. Accept the grant of the storm drain and sewer easement from the Cyprus Shore Community Association, for the Cyprus Shore Storm Drain and Sewer Lift Station Improvements Project, CIP Project Nos. 12004 and 12210.

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2. Approve, and authorize the City Manager to execute, D-545, by and between the City of San Clemente and Cyprus Shore Community Association for the Cyprus Shore Storm Drain and Sewer Lift Station Improvements.

3. Authorize City Clerk to submit the easement documents from Cyprus Shore Community Association, for the Cyprus Shore Storm Drain and Sewer Lift Station Improvements Project to the Orange County Recorder for recordation.

AYE: Cabral, Enmeier, Knoblock, Wu and Mayor Loeffler
NOE: None
11F. CONSIDERATION OF A RESOLUTION TO ACCEPT AND FILE A NOTICE OF COMPLETION FOR THE FY 2026 ARTERIAL STREET IMPROVEMENT
PROGRAM, CIP PROJECT NO. 16317
Motion by Mayor Pro Tem Knoblock, second by Councilmember Wu, CARRIED 5-0, to:

Adopt Resolution No. 26-10, which will:

1. Accept the FY 2026 Arterial Street Improvement Program, CIP Project No. 16317, from the contractor, American Asphalt South, Inc.

2. Authorize the City Clerk to execute and record the Notice of Completion for the FY 2026 Arterial Street Improvement Program.

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

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

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

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11G. CONTRACT AWARD - FY 2026 AS-NEEDED STREET IMPROVEMENT

PROGRAM (STRIPING), AND FINDING THE PROJECT CATEGORICALLY

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

Adopt Resolution No. 26-11, which will:

1. Find the FY 2026 As-Needed Street Improvement Program (Striping), CIP Project No. 16318, categorically exempt from the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities, 14 CCR section 15301) of the State CEQA Guidelines.

2. Award the FY 2026 As-Needed Street Improvement Program (Striping), CIP Project No. 16318, contract to WGJ Enterprises, Inc.

3. Approve, and authorize the City Manager to execute, Contract No. C26- 03, by and between the City of San Clemente and WGJ Enterprises, Inc., providing for the FY 2026 As-Needed Street Improvement Program (Striping), in an amount not to exceed $75,000, in a form substantially similar to Contract No. 26-03 (Attachment 2).

4. Authorize the City Manager to renew the contract for up to three additional one-year terms, exercisable at the discretion of the City Manager.

AYE: Cabral, Enmeier, Knoblock, Wu and Mayor Loeffler
NOE: None
11H. CONTRACT AWARD - FY 2026 AS-NEEDED STREET IMPROVEMENT

PROGRAM (UTILITY ADJUSTMENTS), AND FINDING THE PROJECT

CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL

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

Adopt Resolution No. 26-12, which will:

1. Find the FY 2026 As-Needed Street Improvement Program (Utility Adjustments), CIP Project No. 16318, categorically exempt from the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities, 14 CCR section 15301) of the State CEQA Guidelines.

2. Award the FY 2026 As-Needed Street Improvement Program (Utility Adjustments), CIP Project No. 16318, contract to Manhole Adjusting, Inc.

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3. Approve, and authorize the City Manager to execute, Contract No. C26-04, by and between the City of San Clemente and Manhole Adjusting, Inc., providing for the FY 2026 As-Needed Street Improvement Program (Utility Adjustments), in an amount not to exceed $75,000, in a form substantially similar to Contract No. 26-04 (Attachment 2).

4. Authorize the City Manager to renew the contract for up to three additional one-year terms, exercisable at in the City Manager’s discretion.

AYE: Cabral, Enmeier, Knoblock, Wu and Mayor Loeffler
NOE: None
11I. CONSIDERATION OF APPROVING AN EXEMPTION TO THE FORMAL

SOLICITATION PROCESS, AWARDING AND AUTHORIZING THE CITY TO

ENTER INTO A REGIONAL CONTRACT FOR SERVICE AND MAINTENANCE

FOR THE ODOR SCRUBBER TOWERS AT THE WATER RECLAMATION

PLANT, AND FINDING THE ACTIONS CATEGORICALLY EXEMPT UNDER

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

Adopt Resolution No. 26-13, which will:

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

2. Authorize the City to enter into the regional contract between the South Orange County Wastewater Authority (SOCWA), Integrity Municipal Systems, LLC, and other SOCWA entities for service and maintenance for the Odor Scrubber Towers at the Water Reclamation Plant.

3. Approve an exemption to the formal solicitation process within the City’s Purchasing Policies and Procedures No. 201-2-1, Section XI.A.1.1.5 for Services and/or supplies obtained from or through agreement with any governmental, public or quasi-public entity.

4. Approve, and authorize the City Manager to execute, Contract No. C26- 05, by and between the City of San Clemente and South Orange County Wastewater Authority (SOCWA), Integrity Municipal Systems, LLC., and South Orange County Wastewater entities, providing for service and maintenance for the Odor Scrubber Towers, in an amount not to exceed $26,655 for the initial one-year term.

5. Authorize the City Manager to approve up to four, one-year renewals to the contract for amounts not to exceed the approved budget amounts for

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this service in each appropriate fiscal year.

AYE: Cabral, Enmeier, Knoblock, Wu and Mayor Loeffler
NOE: None
11J. CONSIDERATION OF APPROVING AN EXEMPTION TO THE FORMAL

SOLICITATION PROCESS, AWARDING AND AUTHORIZING THE CITY TO

ENTER INTO A REGIONAL CONTRACT FOR GRIT AND SCREENINGS

SERVICES AT THE WATER RECLAMATION PLANT, AND FINDING THE

ACTIONS CATEGORICALLY EXEMPT UNDER THE CALIFORNIA

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

Adopt Resolution No. 26-14, which will:

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

2. Authorize the City to enter into the regional contract between the South Orange County Wastewater Authority (SOCWA), Roll Off Solutions, Inc., and the other SOCWA entities for Grit and Screenings Services at the Water Reclamation Plant.

4. Approve, and authorize the City Manager to execute, Contract No. C26- 06, by and between the City of San Clemente and South Orange County Wastewater Authority (SOCWA), Roll Off Solutions, Inc. and South Orange County entities, providing for Grit and Screenings Services at the Water Reclamation Plant, in an amount not to exceed $42,645 for the initial one-year term.

5. Authorize the City Manager to approve up to four, one-year renewals to the contract for amounts not to exceed the approved budget amounts for this service in each appropriate fiscal year.

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

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11K. CONTRACT AWARD - DEFINED BENEFIT ADMINISTRATION SERVICES Motion by Mayor Pro Tem Knoblock, second by Councilmember Wu, CARRIED 5-0, to adopt Resolution No. 26-15 entitled A RESOLUTION OF THE CITY

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

REVISED PROFESSIONAL CONSULTANT SERVICES AGREEMENT FOR DEFINED BENEFIT ADMINISTRATION SERVICES WITH MILLIMAN, INC. AND AUTHORIZING

THE CITY MANAGER TO ENTER INTO AN AGREEMENT IN AN AMOUNT NOT TO EXCEED $45,000 ANNUALLY FOR A THREE-YEAR TERM WITH TWO OPTIONAL ONE-YEAR EXTENSIONS.

AYE: Cabral, Enmeier, Knoblock, Wu and Mayor Loeffler
NOE: None
11L. CONTRACT AMENDMENT - TREE MAINTENANCE SERVICES, AND FINDING

THE ACTION CATEGORICALLY EXEMPT FROM THE CALIFORNIA

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

Adopt Resolution No. 26-16, which will:

1. Determine that the project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Class 1 (Existing Facilities, §15301).

2. Approve, and authorize the City Manager to execute, Amendment No. 1 to Contract No. C24-67, by and between the City of San Clemente and Great Scott Tree Service, Inc., providing for Tree Maintenance Services, increasing the base contract amount by $57,719 for a revised FY 2025-26 not-to-exceed amount of $437,657, with funding available in Account No. 001-633-43426.

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

ITEMS REMOVED FROM THE CONSENT CALENDAR FOR DISCUSSION
11B6. PLANNING COMMISSION REGULAR MEETING MINUTES OF DECEMBER 17, 2025.

Larry Culbertson narrated a PowerPoint presentation concerning the proposed modification to the exterior courtyard wall. A hard copy of the presentation is on file with the City Clerk.

Amanda Quintanilla narrated a PowerPoint presentation entitled "Miramar Wall".

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

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Motion by Councilmember Wu, second by Mayor Loeffler, CARRIED 5-0, to schedule a public hearing to appeal the Planning Commission’s approval of PHP25-527 - Miramar Events Center.

AYE: Cabral, Enmeier, Knoblock, Wu and Mayor Loeffler
NOE: None
Motion by Councilmember Enmeier, second by Councilmember Wu, CARRIED 5-0, to suspend the approval of the Planning Commission Regular Meeting Minutes of December 17, 2025.

AYE: Cabral, Enmeier, Knoblock, Wu and Mayor Loeffler
NOE: None
CONTINUATION OF MEETING PAST 11:00 P.M.

The City Council agreed to continue the meeting to 2:00 a.m. 11D. MODIFICATION TO CITY COUNCIL NOVEMBER 2026 MEETING SCHEDULE Amanda Quintanilla expressed concerns relating to holding one meeting in the month of November.

Motion by Councilmember Cabral, second by Mayor Pro Tem Knoblock, CARRIED 5-0, to hold one meeting in November 2026 on Tuesday, November 10, 2026.

AYE: Cabral, Enmeier, Knoblock, Wu and Mayor Loeffler
NOE: None
11M. CONSIDERATION OF A RESOLUTION APPROVING A LEASE AGREEMENT

WITH THE DEPARTMENT OF HOMELAND SECURITY CUSTOMS AND

BORDER PROTECTION AGENCY FOR THE INSTALLATION AND

OPERATION OF A MARITIME SURVEILLANCE SYSTEM ON CITY-OWNED LAND AT THE RESERVOIR 5 COMMUNICATIONS SITE (APN 690-502-16 AND 690-502-12), AUTHORIZING THE CITY MANAGER TO EXECUTE THE

AGREEMENT, AND FINDING THE ACTIONS EXEMPT FROM THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT
The City Council determined to allow public speakers to have two (2) minutes each to present their public comments.

Assistant City Manager Brower reviewed the contents of the Administrative Report and responded to City Council inquires.

The following individuals spoke in support of the proposed lease agreement with the Department of Homeland Security Customs and Border Protection Agency for the installation and operation of a maritime surveillance system on city-owned

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land at the Reservoir 5 Communications Site:

Amanda Quintanilla
Lisa H.

Tony Rubolino, San Clemente
The following individuals spoke in opposition of the proposed lease agreement with the Department of Homeland Security Customs and Border Protection Agency for the installation and operation of a maritime surveillance system on city-owned land at the Reservoir 5 Communications Site:

Robyn Seymour, San Clemente
Sarah Phillips
Donna Vidrine
Shelsea Sanchez, San Clemente
Rosa Mendoza
Patricia Holloway, San Clemente
William Kreutinger, San Clemente
Michael Hoy, San Clemente
Sherman Fowler, San Clemente
Judy Jones, San Clemente
Sherry Johnson, Dana Point
Catherine Hall, San Clemente
Linda Hackwith, San Clemente
Marjorie Sosa, San Clemente
Lise Strom, San Clemente
Bianca Isabella Diverde
Maritza Rebollar
Sandy Exelby, San Clemente
Mina Cruz
Connor
Kathy Esfahani, San Clemente
Louise Herbert
Councilmember Enmeier narrated a PowerPoint presentation entitled "Item 11M - Federal Surveillance Lease Proposal". A hard copy of the presentation is on file with the City Clerk.

MEETING RECESSED
The City Council recessed the meeting at 11:52 p.m. and reconvened at 11:56 p.m. with all City Councilmembers present.

Motion by Mayor Pro Tem Knoblock, second by Councilmember Cabral, to:

Adopt Resolution No. 26-17, which will:

1. Determine that the actions are categorically exempt from the California

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Environmental Quality Act (CEQA) under Class 3, Section 15303 of the State CEQA Guidelines (14 CCR 15303).

2. Approve, and authorize the City Manager to execute, Contract No. C26- 09, by and between the City of San Clemente and the Department of Homeland Security Customs and Border Protection Agency (CBP), a lease agreement, for a maritime surveillance system at the Reservoir 5 Communications Site.

Substitute motion by Councilmember Enmeier, DIED FOR A LACK OF SECOND, to table this item.

The original motion by Mayor Pro Tem Knoblock, second by Councilmember Cabral, was considered and CARRIED 3-1-1 (Councilmember Enmeier voting NOE and Councilmember Wu abstaining) to:

Adopt Resolution No. 26-17, which will:

1. Determine that the actions are categorically exempt from the California Environmental Quality Act (CEQA) under Class 3, Section 15303 of the State CEQA Guidelines (14 CCR 15303).

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

12. Oral Communications (Part 2)
Amanda Quintanilla spoke on recording the audience during the City Council meetings.

13. Future Agenda Items
Local Vendor Preference Qualifications
Councilmember Wu, with the support of Mayor Pro Tem Knoblock and Mayor Loeffler agendized consideration of modifying the qualifications of the local vendor preference as it relates to awarding city contracts.

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City of San Clemente Harbor
Mayor Pro Tem Knoblock, with the support of Mayor Loeffler, agendized discussion of a harbor or similar facility feasibility and potential creation of a task force.

Recognition of Heroic Lifesaving Efforts at Richard T. Steed Memorial Park Councilmember Cabral, with the support of Mayor Loeffler agendized a special presentation recognizing John Rawlins for his lifesaving efforts at the Richard T.

Steed Memorial Park pickleball courts.

14. Reports
A. City Attorney
None.

B. City Manager
City Manager Hall reported that he executed the following contracts under his signature authority:

1. VCA Code providing for building inspection consulting services in an amount not to exceed $60,000.

2. OES Furniture providing for furniture delivery and installation in an amount not to exceed $12,565.31.

15. Adjournment
Motion by Mayor Loeffler, second by Mayor Pro Tem Knoblock, CARRIED 5-0, to adjourn at 1:40 a.m. in memory of Bill Thomas. The next Regular Meeting will be held on February 3. 2026. Closed Session will begin at 4:30 p.m.The Business Meeting will commence at 5:30 p.m. The meeting will take place at City Hall Council Chambers, located at 910 Calle Negocio, 2nd Floor, San Clemente.

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

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AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: February 17, 2026 Agenda Item: (1)
181

CITY OF SAN CLEMENTE

MINUTES OF THE

ARTS AND CULTURE COMMITTEE

REGULAR MEETING
MONDAY, OCTOBER 27, 2025, 5:00 P.M.

Chair Greco called the Regular Meeting of the Arts and Culture Committee of the City of San Clemente to order on Monday, October 27, 2025, at 5:05 p.m. at the City Hall Council Chambers located at 910 Calle Negocio, San Clemente, CA. Chair Greco led the Pledge of Allegiance.

PRESENT Crays, Greco, Hirschman, Koehler, Paskowitz
ABSENT Fowler
Fowler joined the dais at 5:10 p.m.

STAFF PRESENT Samantha Wylie, Beaches, Parks and Recreation Director

1. APPROVAL OF MINUTES
A. July 28, 2025, Arts and Culture Committee Regular Meeting Minutes Motion by Committee Member Koehler, seconded by Committee Member Paskowitz, CARRIED 5-0, Committee Member Fowler absent, to approve the minutes of the July 28, 2025, Arts and Culture Committee Regular Meeting.

AYE: Crays, Groseth, Hirschman, Koehler, Paskowitz
NOE: None

2. SPECIAL PRESENTATIONS
None

3. ORAL COMMUNICATIONS
None

4. OLD BUSINESS
None

5. NEW BUSINESS
A. Implementation of the FY 2025-2026 Arts & Culture Committee Work Plan Samantha Wylie, Beaches, Parks & Recreation Director, mentioned that the FY 2025-26 Arts and Culture Work Plan has been approved by Council as proposed and discussed the next steps for the Committee. &
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Arts and Culture Committee Regular Meeting October 28, 2025 PAGE 2
Committee Members either individually or as a group discussed the following:
• Maintaining the existing subcommittee for the Utility Box Art Program. • The planning of Dia de los Muertos and Cinco de Mayo should have the Art in Public Places Subcommittee's involvement with the Beaches, Parks & Recreation staff. It will add Committee Member Paskowitz to the existing subcommittee.
• Maintaining the existing subcommittee for the Amphitheater & Performing Arts.

Motion by Chair Greco, seconded by Fowler, CARRIED 6-0, to add Committee Member Paskowitz to the Art in Public Places Subcommittee.

AYE: Crays, Fowler, Groseth, Hirschman, Koehler, Paskowitz NOE: None

6. STAFF COMMUNICATIONS
Beaches, Parks, and Recreation Director Wylie mentioned the upcoming Día de los Muertos event scheduled for November 1, 2025, at Max Berg Plaza Park.

7. ITEMS FROM COMMITTEE MEMBERS
A. Subcommittee – Art Exhibits/Displays (Crays, Fowler, Hirschman) Committee Member Crays stated that they shared the upcoming Día de los Muertos Art Contest information with the Dana Hills High School Ceramics Class, and the teacher would include it as part of the curriculum.

B. Subcommittee – Amphitheater & Performing Arts Facility (Crays, Hirschman, Koehler)
Vice Chair Hirschman mentioned that they met with Councilmember Wu to review City-owned properties, discussed various venue options and scale considerations, and explored non-permanent, collapsible venue concepts.

C. Subcommittee – Art on Public Property (Greco, Koehler) Chair Greco stated they have several agency policies that they are looking at to inform an updated version of the San Clemente Art on Public Property policy.

D. Subcommittee – Utility Box Art Program (Crays, Greco, Koehler) Committee Member Koehler mentioned they have received 25 art piece submissions from 10 artists, and they have selected two artists, Rick Delanty and Claire Miller, to install artwork on three boxes; Committee Member Crays requested the dimensions for printing the vinyl.

E. Subcommittee – Surfer, Skater, Art, and Music Hall of Fame (Crays, Hirschman, Paskowitz)
Vice Chair Hirschman stated he will be communicating with the applicant to understand the project going forward.
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Arts and Culture Committee Regular Meeting October 28, 2025 PAGE 3
F. Future Agenda Items
None
Amanda Quintanilla mentioned that Bella Collina should be looked at for the amphitheater.

8. ADJOURNMENT
Motion by Committee Member Koehler, seconded by Committee Member Fowler, CARRIED 6-0, to adjourn at 5:55 p.m. to a regular meeting on January 26, 2026, at 5:00 p.m. at City Hall Council Chambers located at 910 Calle Negocio, San Clemente, CA.

Respectfully submitted,

Arts and Culture Committee Chair Date

Beaches, Parks & Recreation Director Date
184
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2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: February 3, 2026 Agenda Item: (2)
185

CITY OF SAN CLEMENTE
Investment Advisory Committee Minutes
Regular Meeting – October 27, 2025
A Regular Meeting of the City of San Clemente Investment Advisory Committee was called to order by City Treasurer, Charlie Smith, on October 27, 2025 at 5:30 p.m. in the Community Conference Room at City Hall, 910 Calle Negocio, San Clemente, California.

PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Chad Ahearn.

ROLL CALL
PRESENT: Investment Advisory Committee Members:

Charlie Smith, Victor Cabral, Matthew Koelliker, Chad Ahearn Staff:

Sheryl Mariano, Sandee Chiswick, Melissa Anderson, Brian Brower, Andy Hall ABSENT: Jeff Willardson

CHANDLER
REPRESENTATIVES: Jayson Schmitt and Karl Meng
PUBLIC: None
(1) APPROVAL OF MINUTES
Minutes from the July 28, 2025 meeting and the August 18, 2025 Ethics Training were reviewed. Motion to approve was made by Matthew Koelliker, seconded by Victor Cabral. Carried 4-0.
(2) INVESTMENT REPORT – 1
ST QUARTER FY 2025-26
The First Quarter Investment Report was introduced by City Treasurer Charlie Smith.

Jayson Schmitt and Karl Meng, representatives from Chandler Asset Management, reviewed the report with the committee and responded to questions. Motion to approve was made by Matthew Koelliker, seconded by Chad Ahearn. Carried 4-0. (3) ANNUAL REVIEW OF CITY INVESTMENT POLICY
The committee discussed the timing, recent updates and potential revisions to the City Investment Policy. Jayson informed the committee about recent legislation that may require updates to the policy and will provide a redlined draft of the proposed changes.

The committee agreed to schedule a Special Meeting in November to review the 186
Investment Advisory Committee Minutes October 27, 2025 Page 2 proposed changes and finalize the draft policy before presenting it to the City Council in December. No motion or vote was taken at this time.
(4) APPOINTMENT OF DEPUTY CITY TREASURER
Brian Brower provided an overview of the duties of the City Treasurer as outlined in the Government Code and explained the need to designate a Deputy City Treasurer to oversee certain day-to-day financial functions currently managed by the Finance Division. The committee discussed the recommendation and agreed that Sheryl Mariano, who oversees these functions, would be an appropriate appointee. Motion to approve was made by Charlie Smith, seconded by Victor Cabral. Carried 4-0. (5) CITY TREASURER DISCUSSION
The City Treasurer provided an update on the status of the 115 Trust, noting that paperwork is in progress and expected to be finalized shortly. The committee also discussed a potential future tax measure and identified two items for upcoming agendas: updating the Pension Investment Policy and initiating an RFP for investment management services. No action was taken.
(6) PUBLIC INPUT
None

ADJOURNMENT
Motion was made by Victor Cabral, seconded by Matthew Koelliker, approved 4-0 to adjourn to a Special Meeting to be held on November 10, 2025 at 5:30 pm in the Community Conference Room at City Hall, 910 Calle Negocio, San Clemente, California.
_________________________________
Charlie Smith
Chair-Investment Advisory Committee
Future Meeting Dates:

January 26, 2026
April 27, 2026
July 27, 2026
October 26, 2026
187
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: February 3, 2026 Agenda Item: (3)
188

CITY OF SAN CLEMENTE
Investment Advisory Committee Minutes
Special Meeting – November 10, 2025
A Special Meeting of the City of San Clemente Investment Advisory Committee was called to order by City Treasurer, Charlie Smith, on November 10, 2025 at 5:30 p.m. in the Community Conference Room at City Hall, 910 Calle Negocio, San Clemente, California.

PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Matthew Koelliker.

ROLL CALL
PRESENT: Investment Advisory Committee Members:

Charlie Smith, Victor Cabral, Matthew Koelliker, Chad Ahearn Staff:

Sandee Chiswick, Melissa Anderson, Jake Rahn, Andy Hall, Brian Brower ABSENT: Jeff Willardson

CHANDLER
REPRESENTATIVE: Jayson Schmitt
PUBLIC: None
(1) ANNUAL REVIEW OF INVESTMENT POLICY
The committee conducted a thorough review of the current investment policy alongside proposed edits from Chandler Asset Management and Chad Ahearn. They examined the document in detail, discussed revisions, and reached an agreement on the final draft to recommend to City Council for approval. Motion to approve the revised policy was made by Chad Ahearn, seconded by Matthew Koelliker, and carried 4-0. (2) REVIEW AND DISCUSS ADDING ACADEMY SECURITIES TO APPROVED

BROKER LIST
The committee deferred this item to the next meeting for review with supporting documentation.
(3) CITY TREASURER DISCUSSION
None.
(4) PUBLIC INPUT
None.
189
Investment Advisory Committee Minutes November 10, 2025 Page 2

ADJOURNMENT
A motion was made by Victor Cabral, seconded by Matthew Koelliker, carried 4-0 to adjourn to a Regular Meeting to be held on January 26, 2025 at 5:30 pm in the Community Conference Room at City Hall, 910 Calle Negocio, San Clemente, California. _________________________________
Charlie Smith
Chair-Investment Advisory Committee
Future Meeting Dates:

January 26, 2026
April 27, 2026
July 27, 2026
October 26, 2026
190
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: February 3, 2026 Agenda Item: (1)
..ag endizedby
..end
Subject:
..titl e
Approve Warrant Nos.
609270 through 609420, paid on
1-16-26, in the amount of $1,514,363.02
TOTAL WARRANT REGISTER $1,514,363.02 ..end
191

CITY OF SAN CLEMENTE

CERTIFICATION OF WARRANTS

IHEREBY SUBMIT THE ATTACHED

WARRANT REGISTER FOR AUDIT

AND APPROVAL BY THE CITY

COUNCIL, CITY OF SAN CLEMENTE

APPROVED AND ORDERED PAID AT

THE MEETING OF THE CITY COUNCIL

HELD ON
IN THE AMOUNT OF $1 ,514,363.02
DATED ON 01/16/2026

CITY MANAGER MAYOR
ATTEST:

CITY CLERK

I HEREBY CERTIFY TO THE ACCURACY OF THE FOREGOING

DEMANDS AND THAT FUNDS ARE AV AILABLE FOR PAYMENT
THEREOF:

PAID BY WARRANTS SIGNED BY LEGALLY

DESIGNATED PERSONS IN ACCORDANCE

WITH THE STATE OF CALIFORNIA
GOVERNMENT CODE, SECTION-4"l003
'J4F1NANCEMANAGER CITY TREASURER
192
apChkLst Final Check List Page: I
01/14/2026 3:10:23PM SAN CLEMENTE
Bank : city BMO
Check #
609270
Date Vendor
1/16/26 035116
609271
609272
609273
609274
609275
609276
609277
609278
609279
609280
1/16/26
1/16/26
1/16/26
1/16/26
i/16/26
i/16/26
1/16/26
1/1 6/26
1/1 6/26
1/16/26
000042
015621
009876
034565
002603
000084
016343
019069
017703
035250
Invoice
ACCESS CONTROL SECL 0072001
0071732
0013771
202512310014
05829
AKM CONSULTING ENGlh

ALEXANDER'S CONTRAC
ALL CITY MANAGEMENT :

AMAZON BUSINESS WCM-9VQ1 -LY
Q\/W-WQGX-3
LCT-M49W-Q7
JJG-67NX-X3D
6 QF-9TLP-DCt
7WM-4YM6-N[
QQK-7 4RN-DV
7P4-RH49-9HV
R7L-1VGC-QRI

FVQ-QFPQ-MIS
HR7-W4PG-F6
GFP-4H1 4-PTF
KQG-WD\/Y-7F
CHL-MNG3-GL
T6D-H7XM-97F
QRP-Q7GY-Q)
7T7 -GPDF-J44
WTQ-1 76D-TH
XFW-HYFG-H4
Y3L-MTX7-F JV
ANIMAL PEST MGMT SER 715664
ASBURYENVIRONMENT) 1500-01306448
ASCAP 10000674779i
AT&T

ATHENS SERVICES
AXELLIANT LLC PS1027942
000024568258
20888592
Inv Date Description
2/29/25
2/17 /25
2/30/25
2/31 /25
2/23/25
2/4/25
/9/26
/9/26
2/20/25
/7/26
2/1 5/25
/8/02
/9/26
2/1 5/25
2/17/25
2/1 8/25
2/16/25
2/1 8/25
2/12/25
/7/26
2/11 /25
/7/26
/11/26
2/12/25
2/4/25
2/31 /25
2/1 8/25
2/20/25
2/27 /25
/1/26
/2/26

PRIVATE PARKING ENFORCE

PRIVATE PARKING ENFORCE
PROFESSIONAL ENGINEERlTh

METER SERVICE CONTRACT

SCHOOL CROSSING GUARD

SUPPLIES

APM - LNDSCP RODENT CTR

PARTS WASHER WSATE & SS
ANNUAL LICENSE FEE 1/1/26.

AT &T LANDLINE & TELEMETF

ANNUAL GRIT & SCREENING

CISCO CATALYST SWITCHES
Amount Paid
720.00
1391.40
4,788.00
22,968.12
15,000.04

62.42 78.09

64.50 61.05
146.53

27.14 66.48
120.57
590.45

48.42 87.58

56.25 39.96
172.30

64.62 30.72
487.09

65.98 225.68

32.20 2,904.40
142.69
917.00
1,468.91
1 ,294.44
2 6,106.00
Check Total
2,111.40
4,788.00
22,968.12
15,000.04
2,528.03
2,904.40
142.69
917.00
i,468.91
"I,294.44
26,106.00
Page: I
193
apChkLst
01/14/2026 3:10:23PM
Final Check List

SAN CLEMENTE
Page: 3
Bank : city BMO
Check #
609294
Date Vendor
1/16/26 012397
609295
609296
609297
1/16/26 028815
1/16/26 027300
1/16/26 008354
609298 1/16/26 026046
609299 1/16/26 001417
609300
60930al
609302
1/16/26 001394
1/i6/26 001086
1/16/26 006090
609303 1/16/26 037262
609304 1/16/26 03ffl2
609305
609306
1/16/26 017717
1/16/26 004136
(Continued)
Invoice
CENTRALCOMMUNICATI 000038-87i-331
000038-871-791
000038-871 -381
000038-871-34i
000038-871-23i
CMCPLUS LLC 354850
CLIENTFIRSTTECHNOLC 19103
COASTAL FRONTIERS CC 5932
5941
COLTS LANDSCAPE INC 2306
2353
2355
2307
2350
2352
2349
2292
CONSOLIDATED ELECTR 1088633
1091973
1062426
1091821
1090156
COOK PGAGOLF SHOP II 011226
COUNTYOFORANGE STC5003761
COX COMMUNICATIONS 060297301
049223401
CRASSOCIATES 0012714
0012739
CYBER MARKETING NETI CRED1T5454
100948702
100968346
D & H WATER SYSTEMS I 12025-1650
DELL MARKETING LP 10856327973
Inv Date Description
/1/26
/1/26
/1/26
/1/26
/1/26
/1/26
2/31 /25
2/31 /25
2/31 /25
2/22/25
/5/26
/5/26
2/1 8/25
/5/26
/5/26
/5/26
2/29/25
0/20/25
2/22/25
5/23/24
2/1 8/25
2/1 8/25
/12/26
2/3al/25
/4/26
2/22/25
2/22/25
2/23/25
2/1 8/25
i/11/25
2/23/25
2/22/25
/6/26
123-5154-461 MONTHLY ANSI
123-5155-211 MONTHLY ANSV
123-5154-571 MONTHLY ANSI
ANNUAL 24/7 PROFESSIONAI
24 HOUR CODE COMPLIANCI

MUNICODE E-UPDATE
CLIENTFIRST CONSULTING 1

OFFSHORE SAND SOURCE II

COASTAL ENGINEERING SEF

COLTS - LANDSCP EAST-SU
COLTS - STREETSCAPES - St

COLTS - LANDSCP EAST - BA
COLTS - STREETSCAPES - St
COLTS - STREETSCAPES - Eli
COLTS - STREETSCAPES - St

COLTS - LANDSCP EAST-SU

MATERIALS

MATERIALS
CREDIT FOR FLEXIBLE CONTh

MATERIALS

MATERIALS
1 /05/26-1 /11 /26 WEEKLY PAY
800MHZ BACKBONE MAINTEI

CITYWIDE LANDLINE PHONE
MONTHLY COX SCADA COMTh
CALAFIA COMPLETE STREE1

TRANSPORTATION DATACOI
CREDIT

STEEL TOE BOOTS - ALEX
IRON AGE WORK BOOTS - Gi
550 GALLON DOUBLE WALL F

MICROSOFT ENTERPRISE YE
Amount Paid
430.21

64.45 63.45
598.23
638.95
549.87
1 ,487.50
17,005.00
8,163.00
4,800.00
1,395.00
61 ,571 .79
3,155.00
25,422.67
980.00
2,311 .71
4,542.00

48.56 171.99
-129.57
371.18
1 ,606.55
2 4,359.77
15,052.19
4 ,780.31
5 9.65
27,909.46
74,153.75
-21 .55
254.25
149.12
16,035.36
187,845. 10
Check Total
1,795.29
549.87
i,487.50
25, 168.00
104,178.17
2,068.71
24,359.77
15,052.19
4,839.96
102,063.21
381 .82
16,035.36
187,845.10
Page: 3
194
apChkLst
01/14/2026 3:10:23PM
Final Check List

SAN CLEMENTE
Page: 5
Bank : city BMO
Check #
609321
609322
609323
609324
609325
609326
609327
609328
609329
609330
609331
609332
609333
609334
609335
Date Vendor
1/16/26 032612
1/16/26 001926
1/16/26
1/16/26
1/16/26
1/16/26
1/1 6/26
1/16/26
030903
038206
032998
037 444
002896
002311
001140
016179
013971
002045
012759
017218
007033
(Continued)
GIANT CO2

GRAINGER INC, W W

GRANICUS LLC

GRAYMAR ENVIRON SVC
GREEN ZONE WASH WA1

GREENSTONE MATERIAL

GRISWOLD INDUSTRIES
HAAKER EQUIPMENT CO 1NV25109
1NV25110
HACH COMPANY 14770994

HAULAWAY STORAGE C(

HIRSCH & ASSOCIATES, (

HIRSCH PIPE & SUPPLY

HOSE GUYS INC, THE

ILKHANIPOUR, KHOSROV

IMPERIAL SPRINKLER SU
Invoice
01012611
01012612
145938
507871
145881
145882
145937
97 46977389
9755188639
97 47269711
97 46703686
221209
112625FON-OCi
001325
140519
933572
002291 417
2516PB#5
1597140
102758
121525
0024556449-001
FC1225-020000:
0024500582-002
0024538926-001
0024514027-001
0024389169-001
0024424539-001
0024590860-00i
0024564687-001
0024233774-002
0024592257-OO'[
Inv Date Description
/1/26
/al/26
/5/26
1 /14/25
2 /29/25
2/29/25
/5/26
2/17 /25
2/30/25
2/17/25
2/17/25
2/30/25
2/1 6/25
2/1 8/25
2/1 0/25
2/i 6/25
2/1 8/25
211 8/25
1 /25/25
2/1 0/25
2/31 /25
2/23/25
2/1 8/25
2/1 5/25
2/23/25
/1/26
2/17/25
2/22/25
2/1 8/25
2/1 8/25
2/17/25
2/30/25
2/24/25
/2/26
2/30/25

CHEMICAL SUPPLIES

HARDWARE / EQUIPMENT

HARDWARE / EQUIPMENT
SUBSCRIPTION 12/1/25-11/30.

BIOHAZARD CLEANUP FOR 'T
TROLLEY WASHING FY 25-26

BASE PUMP TRACK

SERVICE TRAINING SCHOOL

PARTS / HARDWARE

GENERAL SERVICES AGREEI
10 FT. CONTAINER RENTAL

VHSP MEADOWS DESIGN SE
FACILITIES - MAINT. OF BUILI

HOSE/PARTS
SOCCE LUNCHEON REIMB.

IRRIGATION SUPPLIES

FINANCE CHARGE

RRIGATION SUPPLIES

RRIGATION SUPPLIES
RRIGATION SUPPLtES

RRIGATION SUPPLIES

RRIGATION SUPPLIES
Amount Paid

53.88 26.94
248.25
569.72
578.96
408.35
423.90
101.43
3,368.30
178.50

53.74 3,610.66
2,808.50
500.00
1 ,115.35
2 ,718.75
2,092.20
2,9!56.77
13,904.00

84.00 12,953.00
118.52
184.64

36.00 22.11

5.82 521 .29

31.13 494.73
1,952.97

45.01 88.09

31.13 1,497.98
131.83
Check Total
2,310.00
3,701 .97
3,610.66
2,808.50
500.00
1 ,115.35
2 ,718.75
5,048.97
13,904.00

84.00 12,953.00
118.52
1 84.64

36.00 4,822.09
Page: 5
195
apChkLst
01/14/2026 3:10:23PM
Final Check List

SAN CLEMENTE
Page: 7
Bank : city BMO
Check #
609348
609349
609350
609351
609352
609353
609354
609355
609356
609357
609358
609359
609360
609361
609362
609363
Date Vendor
1/16/26 007564
1/16/26
1/16/26
i/16/26
i/16/26
i/16/26
1/16/26
027327
038153
003646
000360
037028
015082
004573
037774
006627
035450
038195
031464
031605
004228
001207
(Continued)
Invoice
LOWE'S COMPANES INC 95454
88009
88311
93075
89544
84032
85351
995660
75450
88768
88511
973908
86583
LYFT INC 1001223198
MARKO FOAM PRODUCT 361677-100
MCCALL"S METERS INC 38126
MEDIEVAL TIMES USAIN( 44602396
MGT IMPACT SOLUTIONE 65969
MILES CHEMICAL COMPA 761936
762575
MOFFATT & NICHOL ENG 00806131
MULTIMEDIALEDINC 1NV11455-1
MUNI WATER DIST OF OF 3260
MURILLO, RAFAEL 98320249
NEUBAUER, KATIE 98473716
NORATEK SOLUTIONS IN 53509
NORTHSTAR CHEMICAL 329630
NOWDOCS INTERNATIOTh 70898
ODP BUSINESS SOLUTIO 449808839001
446676216001
45097 4926001
452125034001
45131 266000'[
44986768200'[
Inv Date Description
2/1 8/25
/6/26
2/al6/25
2/17/25
/6/26
2/23/25
/5/26
2/1 8/25
2/21 /25
2/8/25
/6/26
2/12/25
/5/26
2/31 /25
2/1 8/25
2/17/25
/6/26
2/1 /25
2/27/25
/7/26
/5/26
1 /25/25
2 /17/25
2/3/25
2/8/25
1 /10/25
2 /23/25
2/al 5/25
2/1 1 /25
2/22/25
2/12/25
2/1 0/25
2/1 I /25
2/1 I /25
#9800 1543812 SUPPLiES
#9800 154381 2 SUPPLIES
#9800 154381 2 SUPPLIES
#9800 154381 2 SUPPLIES
#9800 154381 2 SUPPLIES
#9800 154381 2 SUPPLIES
#9800 154381 2 SUPPLIES
#9800 154381 2 SUPPLIES
#9800 154381 2 SUPPLIES
#9800 154381 2 SUPPLIES
#9800 154381 2 SUPPLIES
#9800 154381 2 SUPPLIES
#9800 154381 2 SUPPLIES
SC RIDES (YEAR 1 0F 3)
BOARDS

ANNUAL TURNOUT METER T
AA FIELD TRIP DEPOSIT 7/22,
SB90 ANNUAL CLAIMS

SUPPLY & DELIVERY OF FER

SUPPLY & DELIVERY OF FER
CONTRACT C22-63 - COASTA

SCOREBOARD REPAIR
FY '26 RESIDENTIAL SUPPLE

REFUND OF DEPOSIT

REFUND OF DEPOSIT
INSPECTION SOFTWARE 1/2i

CONTRACT BETWEEN SOCV
1099 & W2 PAPER/ENVELOPE
OFFICE SUPPLIES A/C #8983'
OFFICE SUPPLIES A/C #8983'
OFFICE SUPPLIES A/C #8983a
OFFICE SUPPLIES A/C #8983'
OFFICE SUPPLIES A/C #8983'
OFFICE SUPPLIES A/C #8983'
Amount Paid
309.47
145.16

56.21 363.26
i23.70
102.35

33.25 -202.68
581 .35

89.74 125.69
I ,092.44

29.01 21 ,809.89
3 ,281 .00
4 ,il5.00
633.40
2,500.00
13,302.09
12,366.50
16,690.33
1 ,i56.70
2 ,181.00

50.00 50.00
5,098.00
3,477.14
620.65
i35.64
i04.49

81.61 59.79
301 .25
144.88
Check Total
2,848.95
21,809.89
3 ,281 .00
4 ,115.00
633.40
2,500.00
25,668.59
16,690.33
1 ,156.70
2 ,181.00

50.00 50.00
5,098.00
3,477."l4
620.65
827.66
Page:7
196
apChkLst
O"l/14/2026 3:10:23PM
Final Check List

SAN CLEMENTE
Page: 9
Bank : city BMO
Check #
609376
Date Vendor
1/16/26 000267
609377 1/16/26 003798
609378 1/16/26 003033
609379 1/al6/26 004113
609380
609381
1/16/26 009470
1/16/26 001029
609382 1/16/26 000067
609383 1/16/26 000207
609384
609385
609387
1/16/26 000467
i/16/26 000768
1/16/26 001174
(Continued)
Invoice

RALPHS GROCERY CO

R & R INDUSTRIES INC

R & R PRODUCTS INC
7070ei7
707118
CD3101024
CD3098522
CD3092455
CD3098456
CD3092469
147565
069736
069692
015587
RANCHO SAN CLEMENTE l030N-122525
910N-122525
REBENSDORF, DAVID 121525
RED WING BUS ADVANTA 2025122503620!
2025121 803620!
RINCON TRUCK CENTER 376570
376190
ROD'S TREE SERVICE INI 120-249-25
120-252-25
120-262-25
120-251-25
i20-253-25
120-250-25
SAFETYKLEENCORP 98731831
SAN CLEMENTE CITY WA 120925
SAN DIEGO GAS & ELEC1 010526
123025
010226
122925
123125
122425
122625
Inv Date Descriotion
/6/26
/6/26
2/16/25
2/4/25
1 /5/25
2 /4/25
1 /5/25
2 /6/25
2/1 0/25
2/1 0/25
2/1 5/25
2/25/25
2/25/25
2/1 5/25
2/25/25
2/1 8/25
/5/26
2/.31 /25
2/3/25
2/3/25
2/29/25
2/3/25
2/3/25
2/3/25
2/1 0/25
2/9/25
/5/26
2/30/25
/2/26
2/29/25
2/31 /25
2/24/25
2/26/25

CITY APPAREL

TIRES FOR E CART

LAWN MATERIALS
GRIT

GRIT AND TIRES

LAWN MATERIALS
BPR A/C # E10007
BPR NC # E10007
BPR A/C # E10007
BPR A/C # E10007
RSCBP ASSN. DUES 910 & 10
RSCBP ASSN. DUES 910 & 10
SOCCE LUNCHEON REIMB.

A/C #36205 / WORK BOOTS
NC #36205 / WORK BOOTS
PARTS
PARTS

TREE WORK

MAINTENANCE SERVICE & S

WATER SERVICE
0027990887365 DISTRIBUTIO
0019al37335267 DISTRIBUTIO
0007041665671 DISTRIBUTIO
0000046al78238 DISTRIBUTiO
0025424688532 DISTRIBUTIO
0036981847742 DISTRIBUTIO
0087322212229 DISTRIBUTIO
Amount Paid
952.51
425.48
716.54
1 ,289.74
843.06
843.89
386.08

79.98 86.65

46.00 151.55
556.55
774.iF3

36.00 789.76
300.00
2 8.19
3 5.59
ggo.oo
990.00
2,700.00
990.00
990.00
990.00
522.84
57,791 .48
1,205.39
1,593.35
1,118.07
16,092.61
20,416.43

40.83 15.47
Check Total
1,377.99
4,079.31
364.18
i,330.73

36.00 1,089.76

63.78 7,650.00
522.84
57,791 .48
40,482.15
Page:9
197
apChkLst
01 /1 4/2026 3:10:23PM
Final Check List

SAN CLEMENTE
Page: Il
Bank : city BMO
Check #
609403
Date Vendor
1/16/26 014307
609404
609405
609406
609407
609408
609409
609410
609411
609412
i/16/26 003436
1/16/26 038021
1/16/26 000976
1/al6/26 001088
1/16/26 029845
1/16/26 030304
1/16/26 00all90
1/16/26 013109
1/16/26 002324
(Continued)
Invoice Inv Date Description
TIMES MEDIAGROUP 84FA23BA-0192 1/9/26
84FA23BA-0191 12/26/25
84FA23BA-0158 9/11/25
84FA23BA-0174 10/21/25
029ECOF7-0080 12/19/25
84FA23BA-0144 7/7/25
TONY'S LOCKSMITH 48885 2/17/25
TREVIPAY 9F39F2A3 2/11/25
AO787B80 /5/26
718DE4BD /5/26
TURBODATAINC 47504 2/31/25
47503 2/31/25
UNDERGROUNDSERVICI 1220250614 /1/26
25-262218 /1/26
UNITED BLDG & DEVELPi 2479 2/ 4/25
2481 2/ 4/25
2487 2/ 5/25
2490 2/ 5/25
2483 2/ 4/25
2484 2/ 4/25
2482 2/ 4/25
2491 2/ 5/25
2488 2/ 5/25
2489 2/ 5/25
2480 2/ 4/25
UNIVERSALCORROSION CSCL-FS25-120 2/ 2/25
CSCL-FS25-120 2/22/25
CSCL-FS25-120 2/12/25
USABLUEBOOK 1NVOO914055 2/18/25
1NVOO913040 2/17/25
1NVOO904306 2/9/25
1NVOO907964 2/11/25
VERIZON 613al928018 2/25/25
6131928019 2/25/25
WALTERS WHOLESALE E S129386808.OC)1 2/9/25

CITY LEGAL ADS NOTICE

BAHIA OFF-SITE STORAGE
PLAYSCHOOL : LIL ELVES
T\/ REPLACEMENT / LOBBY
BEACH CLUB: SUPPLIES
ADMIN CITATION PROCESSlTh

CITATION PROCESSING FOR

UNDERGROUND SERVICE F(

REPAIR PAVERS ON DEL MAF

BASE OF PIER - REPAIR TILE

SAN G PK - REPAIR CT CONC
SHUFLEBOARD CT. - INSTAL[

PIER RR - UNCLOG SEWER A

TALEGA PK - INSTALL WALL C

RANCHO SC PK RR - UNCLO(
SHUFFLEBOARD CT. - REMO
SHUFFLEBOARD CT. - REPAI
OLD CH BUILD STAIRS & INSCH - INSTALL DRINKING FOU

ANNUAL CATHODIC PROTEC

PIER STEEL PILES CATHODK

ANNUAL CATHODIC PROTEC

SUPPLIES

SUPPLIES
WIRELESS SERVICES-VERIZi

WIRELESS SERVICES-VERIZI

MATERIALS
Amount Paid
881.14
881.10
492.65
1 ,741.56

89.25 708.40
406.98
2 6.12
148.23
212.24

87.42 4,817.72
272.00

91.47 1,ooo.oo
1,192.00
4,250.00
4,402.00
3,657.00
1,833.00
510.00
3 ,888.00
4 ,850.00
2,684.00
950.00
556.65
7,354.00
5,628.35
1,405.84
172.57
584.18
4,688.55
11,122.14
362.40
875.15
Check Total
4,794.10
406.98
386.59
4,905.14
363.47
29,216.00
13,539.00
6,851.14
11 ,4B4.Ei4
875.15
Page: 11
198
apChkLst
0ltl4/2026 3:10:23PM
150 checks in this report.

Final Check List

SAN CLEMENTE
Page: 13
Grand Total All Checks: 1 ,51 4,363.02
Page: 13
199
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: February 3, 2026 Agenda Item: 11D.

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

CONSIDERATION OF A RESOLUTION APPROVING A LICENSE AGREEMENT WITH THE

HERITAGE OF SAN CLEMENTE FOUNDATION FOR INSTALLATION OF A SECURITY

CAMERA AT PARK SEMPER FI AND FINDING THE PROJECT EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT ..body
Fiscal Impact:

None. The Heritage of San Clemente Foundation (“Heritage”) will bear all costs related to installation, connectivity, monitoring, maintenance, and eventual removal of the camera system.

The City will not be responsible for ongoing operational expenses.

Summary:

Heritage has requested authorization to install and operate a security camera in the Park Semper Fi area to enhance the protection of historic features and public amenities, following a recent theft of a large bronze plaque near the Marine Monument. The proposed License Agreement (Attachment 2) allows Heritage to install, monitor, maintain, and fund a camera at no cost to the City, while ensuring appropriate public notice, privacy protections, and City oversight. This action supports preservation of a valued community site and enhances public safety while maintaining City ownership and control of the property. The proposed agreement is for an initial term of four years with up to three two-year extensions.

Background:

Park Semper Fi is a prominent public open space honoring military service and local history, and is maintained through a partnership between the City of San Clemente and the Heritage of San Clemente Foundation under Partnership Agreement No. C08-45.

In recent months, the site experienced a significant incident involving the theft of a large bronze plaque located near the Marine Monument. The theft highlighted vulnerabilities at the site and raised concerns regarding the long-term protection of historic features, memorial elements, and public improvements.

In response, Heritage proposed the installation of a security camera at Park Semper Fi as a proactive measure to deter vandalism and theft, enhance monitoring of sensitive areas, and assist in incident response. Heritage has requested authorization through a License Agreement that would allow it to install and operate the camera at its own cost and responsibility.

This proposal addresses a documented security concern at a historically and culturally significant public space. The camera system is designed to deter future theft or vandalism, enhance the 200
Meeting Date: February 3, 2026 Agenda Item: 11D.

CITY OF SAN CLEMENTE 2
protection of memorial features, and support the stewardship of the site. By requiring signage, limiting technology capabilities, and retaining City oversight, the agreement balances security needs with transparency and privacy considerations.

Council Options:
 Adopt Resolution No. 26-21, which will approve a License Agreement with the Heritage Foundation to install a camera in Park Semper Fi to enhance the safety and security of the park and its assets.
 Modify and adopt the Resolution.
 Provide alternate direction to staff and return to Council.  Take no Action.

Environmental Review/Analysis:

This action is categorically exempt from the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Title 14, Sections 15301 (Class 1 - Existing Facilities) and/or 15303 (Class 3 - New Construction or Conversion of Small Structures), as the project involves the minor installation of equipment with no expansion of use and no potential for significant environmental impact.

Recommended Actions:

Staff Recommendation ..recommendation
Staff recommends that the City Council adopt Resolution No. 26-21, which will:

1. Find the project categorically exempt from the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Title 14, Sections 15301 (Class 1 - Existing Facilities) and/or 15303 (Class 3 - New Construction or Conversion of Small Structures);

2. Approve a License Agreement with the Heritage of San Clemente Foundation authorizing the installation, operation, monitoring, and maintenance of a security camera at Park Semper Fi (106 Alameda Lane); and

3. Authorizing the City Manager to execute the agreement and any future term extensions consistent with its provisions.
..end
Attachment:

1. Resolution No. 26-21

2. License Agreement No. C26-08
Notification:

Heritage of San Clemente Foundation
201
Attachment 1
RESOLUTION NO. 26-21

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, APPROVING A LICENSE

AGREEMENT WITH THE HERITAGE OF SAN CLEMENTE

FOUNDATION FOR THE INSTALLATION AND OPERATION

OF A SECURITY CAMERA AT PARK SEMPER FI,

AUTHORIZING THE CITY MANAGER TO EXECUTE THE

AGREEMENT AND RELATED EXTENSIONS, AND FINDING

THE ACTIONS CATEGORICALLY EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (“CEQA”)
PURSUANT TO CEQA GUIDELINES TITLE 14, SECTIONS
15301 (CLASS 1 - EXISTING FACILITIES) AND/OR 15303
(CLASS 3 - NEW CONSTRUCTION OR CONVERSION OF

SMALL STRUCTURES)
WHEREAS, the City of San Clemente (“City”) owns and operates Park Semper Fi, located at 106 Alameda Lane, which is open to the public; and WHEREAS, the City and the Heritage of San Clemente Foundation (“Foundation”) are parties to an approved Partnership Agreement/Memorandum of Understanding, Partnership Agreement No. C08-45, pursuant to which the Foundation supports historical preservation, stewardship, and community-oriented activities at Park Semper Fi; and WHEREAS, the Foundation has requested authorization to install, operate, monitor, and maintain a security camera at an approved location within Park Semper Fi in response to a recent theft of a significant historic bronze plaque near the Marine Monument, and to enhance protection of historic resources and public amenities; and WHEREAS, a proposed License Agreement has been prepared that authorizes the installation and operation of the camera at no cost to the City, requires the Foundation to bear all installation, monitoring, maintenance, and utility costs, establishes privacy and technology limitations, provides for City access to recorded footage, and preserves City ownership and control of the property; and
WHEREAS, the City Council has reviewed the proposed License Agreement and finds that authorizing the Foundation to install and operate a camera at Park Semper Fi will enhance public safety and protection of City assets while maintaining transparency, privacy safeguards, and appropriate City oversight.

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

SECTION 1. The City Council hereby approves the License Agreement between the City of San Clemente and the Heritage of San Clemente Foundation authorizing the installation, operation, and maintenance of a security camera at a City-approved location within Park Semper Fi for an initial term of four (4) years, with up to three (3) additional twoyear extensions. 202
Resolution No. 26-21 Page 2
SECTION 2. The City Manager, or designee, is hereby authorized and directed to execute the License Agreement in a form substantially similar to that presented to the City Council on February 3, 2026.

SECTION 3. The City Manager, or designee, is hereby authorized on behalf of the City to extend the Agreement in accordance with its terms of the Agreement, in his/her discretion and subject to continued compliance by the Foundation with the Agreement’s terms.

SECTION 4. Based on a review of the record as a whole, the City Council finds that the action approved by this resolution is categorically exempt from the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Title 14, Sections 15301 (Class 1 - Existing Facilities) and/or 15303 (Class 3 - New Construction or Conversion of Small Structures), as the project involves the minor installation of equipment with no expansion of use and no potential for significant environmental impact.

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

PASSED AND ADOPTED this _____ day of ____________________, _______.

ATTEST:
___________________________ __________________________
City Clerk of the City of Rick Loeffler, Mayor of the City San Clemente, California of San Clemente, California
203
Resolution No. 26-21 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. 26-21 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
204
Attachment 2

LICENSE AGREEMENT FOR

HERITAGE OF SAN CLEMENTE FOUNDATION
This License Agreement (“Agreement”) is made and entered into this ___ of ________, 2026 (“Effective Date”), by and between the City of San Clemente, a municipal corporation (“City”), and the Heritage of San Clemente Foundation, a California nonprofit corporation (“Licensee”), collectively referred to as the “Parties.”

R E C I T A L S
A. City owns Park Semper Fi, located at 106 Alameda Lane, San Clemente, California (“Premises”), which is open to the public, from sunrise to sunset each calendar day.

B. City and Licensee are parties to an approved Partnership Agreement/Memorandum of Understanding, Partnership Agreement No. C08-45 (“MOU”), pursuant to which the Licensee supports historical preservation, stewardship, and community-oriented activities at Park Semper Fi. Licensee maintains and manages certain activities at Park Semper Fi under the MOU. This Agreement is intended to operate in conjunction with the approved MOU between the Parties.

C. Licensee desires to install, operate, monitor, and maintain video camera equipment at the Premises to support public safety, protection of historical assets, and related stewardship purposes.

D. City is willing to grant Licensee a limited, non-exclusive license for such activities, subject to the terms and conditions of this Agreement.

NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties agree as follows:

C O N V E N A N T S
Article I. PURPOSE
Section 1.01 The purpose of this Agreement is to authorize Licensee to install, operate, monitor, and maintain a video camera at the Premises in furtherance of public safety and preservation efforts, consistent with the MOU and applicable law.

Article II. LICENSE GRANT
Section 2.01 City hereby grants to Licensee a non-exclusive, revocable license to enter upon and use a location designated by the City within the Premises solely for the installation, operation, monitoring, maintenance, and repair of a video camera and related appurtenances (“Equipment”), subject to the terms of this Agreement.

Section 2.02 This Agreement conveys no leasehold interest or estate in real property and shall not be construed as a lease or easement.

Article III. SCOPE OF USE
Section 3.01 For the purposes of this Agreement, Licensee’s use of the Premises shall be limited strictly to:
205
4925-2724-0331 v1
(a) Installation of Equipment in a location approved in writing by the City Manager or his/her designee; (b) Ongoing monitoring and operation of such Equipment; or (c) Maintenance, repair, and replacement of Equipment as necessary.

Section 3.02 No expansion, relocation, or addition of Equipment shall occur without the City’s prior written approval.

Section 3.03 Cameras shall be oriented solely toward public areas of Park Semper Fi and shall not capture images of private residences, interiors, or non-public areas where individuals have a reasonable expectation of privacy. The system shall only be activated during non-park hours and used only for security, vandalism deterrence, and after-hours trespass prevention.

Article IV. TERM AND EXTENSIONS
Section 4.01 Initial Term. The term of this Agreement shall be four (4) years from the Effective Date.

Section 4.02 Extensions. The City Manager, or designee, is authorized to execute up to three (3) additional two-year extensions upon written notice to Licensee, subject to continued compliance with this Agreement and the MOU. No City Council action shall be required for such extension(s).

Article V. SIGNAGE AND PUBLIC NOTICE
Section 5.01 Public Notice. Licensee shall install and maintain clearly visible signage at and around all areas where cameras are installed stating no trespassing after dark, that the area is subject to audio and video monitoring, and indicating that by entering the park after hours, persons are consenting to being recorded by audio and visual surveillance. Signage shall be placed in locations approved by the City and shall be of sufficient size, contrast, and clarity to reasonably inform the public that recording may occur, which shall be approved by the City in writing in advance of installation.

Section 5.02 Compliance. All signage, monitoring and other activities of Licensee and its contractors shall comply with applicable federal, state, and local laws, including privacy and surveillance requirements.

Article VI. AUTHORIZATION IN LIEU OF PERMIT
Section 6.01 The Parties acknowledge that the installation, operation, and maintenance of the Equipment authorized under this Agreement do not require a separate City permit or encroachment authorization, as this Agreement constitutes the City’s approval for such activities. Nothing herein exempts Licensee from compliance with applicable laws or regulations of other agencies having jurisdiction or for other activities not covered by this Agreement.

Article VII. UTILITIES, INSTALLATION, AND COSTS
Section 7.01 All installation, trenching, mounting, conduit, electrical work, surface restoration, and any other site preparation or construction activities related to the Equipment (“Work”) shall be fully coordinated with the City in advance. No work shall commence without the prior written approval of the City Manager or his/her designee.

Section 7.02 The Licensee may retain a qualified contractor to perform installation, site preparation, and related work associated with the camera authorized under this Agreement (“Work”); however, no 206
4925-2724-0331 v1
Work shall be authorized, scheduled, or performed unless and until it has been reviewed and approved in writing by the City Manager or his/her designee.

Prior to commencement of any Work, the Licensee shall submit to the City for review the proposed contractor, scope of work, installation methods, schedule, and any other information reasonably requested by the City. The City’s approval shall be required to ensure compliance with applicable laws, including but not limited to prevailing wage, City standards, and coordination with City operations.

Section 7.03 Licensee shall bear all costs associated with installation, operation, monitoring, maintenance, repair, and removal of the Equipment, including but not limited to:
(a) Electrical power and any work required to pull or extend power; (b) Trenching, conduit, restoration, and all construction or installation work; and (c) Internet, cellular, data, or other connectivity services.

Section 7.04 Licensee shall not connect to or utilize City network or information technology systems without the City’s prior written approval.

Article VIII. LOCATION APPROVAL
Section 8.01 The location of the camera shall be subject to prior written approval by the City Manager and his/her designee. No relocation or installation of any additional cameras shall occur without the City’s prior written consent.

Section 8.02 No additional cameras may be installed, and no approved camera may be relocated, without the City’s advance written consent.

Article IX. USE OF TECHNOLOGY, PRIVACY, AND DATA HANDLING Section 9.01 Two-way audio functionality is permitted from the monitoring service to the Premises, provided that the same complies with this Agreement and applicable law at all times.

Section 9.02 Before making any audio recording, Licensee or designee shall announce that the person in the park is being recorded.

Section 9.03 Licensee and its contractors must comply at all times with all applicable law, including the prohibition against wiretapping and invasion of privacy under state and federal criminal laws.

Section 9.04 Licensee shall at Licensee’s sole expense:
(a) Use video data solely for legitimate public safety, preservation, or stewardship purposes; (b) Not sell, share, or use footage for commercial purposes; (c) Maintain reasonable administrative, technical, and physical safeguards to protect data; and (d) Retain footage only for a reasonable period consistent with operational needs and applicable law, except where retention is required for investigations, litigation, or law enforcement requests.

Article X. CITY ACCESS FOR PUBLIC SAFETY
Section 10.01 Access. Upon request by the City Manager or designee, Licensee shall provide the City with reasonable access to recorded camera footage at any time for any municipal purpose, including where such access is requested for public safety, emergency response, law enforcement coordination, or protection of City property or visitors.
207
4925-2724-0331 v1
Section 10.02 Retention. Licensee shall require that the camera monitoring or security service provider maintain recorded footage for a minimum of one (1) year.

Article XI. OWNERSHIP OF EQUIPMENT
Section 11.01 During Term. All Equipment installed by Licensee shall remain the property of Licensee and shall not become fixtures or property of the City.

Section 11.02 Upon termination or expiration of this Agreement, ownership of the Equipment shall be automatically granted to the City, and the City shall be authorized to retain, remove, replace, dispose of, or otherwise use the Equipment at its sole discretion, without compensation to Licensee.

Article XII. NO INTERFERENCE WITH PUBLIC USE
Section 12.01 Licensee’s activities shall not interfere with public access, use, or enjoyment of Park Semper Fi or adjacent City property.

Article XIII. CITY ACCESS TO PREMISES
Section 13.01 City shall retain the right to access the Premises at all times for inspection, maintenance, emergencies, or any municipal purpose. City may require temporary removal or relocation of Equipment if necessary for public projects, safety, or operations.

Article XIV. INSURANCE
Section 14.01 The City expressly waives its standard insurance requirements for this Agreement. No insurance shall be required of Licensee. Any insurance that Licensee requires of its contractors in connection with the Equipment authorized herein shall also name the City as an additional insured.

Article XV. INDEMNIFICATION
Section 15.01 The Foundation shall defend (with counsel acceptable to City), indemnify, and hold harmless the City and the Orange County Sheriff Department and their respective officers, officials, employees, and agents from and against any claims, damages, liabilities, losses, fines, penalties or costs (including attorney and expert fees) arising out of or related to the installation, operation, monitoring, audio communication, or use of the camera system, including claims alleging invasion of privacy, improper surveillance, wiretapping or data breach by third parties or other governmental agencies.

Article XVI. TERMINATION
Section 16.01 For Convenience. Either Party may terminate this Agreement upon thirty (30) days’ written notice.

Section 16.02 Upon termination, and unless otherwise agreed in writing by the City, Licensee, at its sole expense, shall remove all Equipment and restore the Premises to substantially the same prior condition.

Article XVII. ASSIGNMENT
Section 17.01 Licensee may not assign or transfer this Agreement without the prior written consent of the City.
208
4925-2724-0331 v1
Article XVIII. MISCELLANEOUS
Section 18.01 Governing law/Venue. The Foundation shall comply with all applicable federal and California laws governing video surveillance, privacy, and public notice, and shall be solely responsible for ensuring ongoing compliance with these laws.

Section 18.02 No waiver. Failure to enforce any provision shall not constitute a waiver.

Section 18.03 Entire agreement. This Agreement and the MOU constitute the entire understanding between the Parties regarding the subject matter.

Section 18.04 Amendments. Must be in writing and signed by authorized representatives.

Section 18.05 Counterparts/Electronic Signatures. This Agreement may be executed in counterparts, which together shall constitute one and the same agreement. This Agreement may be executed electronically with the same force and effect as original, ink signatures. 209
4925-2724-0331 v1
WHEREFORE, the Parties execute this Agreement, agreeing to be bound by the above terms and conditions effective as of the date first entered above.

CITY OF SAN CLEMENTE
By:_______________________________
Andy Hall, City Manager
ATTEST: Dated: __________________, 2026
By: _____________________________
CITY CLERK of the City of
San Clemente, California
APPROVED AS TO FORM:

By: _____________________________
Elizabeth A. Mitchell, City Attorney
LICENSEE:

Heritage of San Clemente Foundation, a California
nonprofit corporation

By:_____________________________
George Wayne Eggleston, CEO
Dated: __________________, 2026
210
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: February 3, 2026 Agenda Item: 11E.

Submitted By: Public Works
Prepared By: Masako Hennequin, Senior Civil Engineer
Subject:
..titl e
CONSIDERATION OF A RESOLUTION AWARDING A CONSTRUCTION CONTRACT TO L.C.

PAVING & SEALING, INC. FOR FY 2026 MAJOR STREET MAINTENANCE AND FY 2026 PAVEMENT PRESERVATION PROGRAM, CIP PROJECT NOS. 26303 AND 26304, IN AN AMOUNT NOT TO EXCEED $581,210, AUTHORIZING THE CITY MANAGER TO EXECUTE

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

The estimated total construction cost of $680,010 ($581,210 construction and $98,800 CM/inspection) is within the total approved budget of $800,000 from a combined General Fund of $550,000, Account No. 001-416-45720-000-26303 Major Street Maintenance Program, and $250,000 from Account No. 001-416-45730-000-26304 Pavement Preservation Program.

Summary:

The City Council is being asked to consider adoption of a resolution (Attachment 1) to award and authorize the execution of a construction contract with L.C. Paving & Sealing, Inc., in an amount not to exceed $581,210, for the FY 2026 Major Street Maintenance and FY 2026 Pavement Preservation Program (Attachment 2).

Background:

The FY 2026 Major Street Maintenance and FY 2026 Pavement Preservation Program project includes asphalt and concrete pavement repairs, and manhole and water valve can adjustments.

The asphalt pavement repair work will include grinding and repaving 0.20’ to 0.35’ depth of deteriorated asphalt pavement, and the concrete repair work will consist of removing and replacing curb and gutter, sidewalk, curb ramp, and driveway approach, on various streets throughout the City, as listed in Attachment 3.

Existing Sidewalk Existing Curb & Gutter
211
Meeting Date: February 3, 2026 Agenda Item: 11E.

CITY OF SAN CLEMENTE 2
On December 18, 2025, staff contacted local contractors, published a notice inviting bids for this project in the San Clemente Times, and published a bid solicitation on PlanetBids. Bids were opened on January 8, 2026, and the results are presented in the table below. Bids ranged from $581,210 to $1,199,242. There were no bids from businesses based in San Clemente.

The lowest responsive and responsible bidder is L.C. Paving & Sealing, Inc. of Escondido, California with a total bid amount of $581,210.

Table 1. Bid Summary
Company Name Company Location Amount
L.C. Paving & Sealing, Inc. Escondido, CA $581,210
ONYX Paving Company, Inc. Yorba Linda, CA $654,000
PALP dba Excel Paving Company Long Beach, CA $974,789
All American Asphalt Corona, CA $1,199,242
Based on the lowest bid, the total estimated project construction cost is $680,010, as summarized below in Table 2:

Table 2. Cost Summary
Construction $ 581,210
Construction Management and Inspection $ 98,800
Total Estimated Construction Cost $ 680,010
As required by state law and City policy, L.C. Paving & Sealing will be required to provide performance and payment bonds simultaneously with the execution of the construction contract (Attachment 2). Project plans and specifications are on file in the City Clerk’s office.

Council Options:
 Adopt Resolution No. 26-22 (Attachment 1), awarding the FY 2026 Major Street Maintenance and FY 2026 Pavement Preservation Program contract to L.C. Paving & Sealing, Inc., authorizing the City Manager to execute a construction contract an amount not to exceed $581,210, and finding the project categorically exempt from CEQA under Class 1 (Existing Facilities, 14 CCR section 15301) of the State CEQA Guidelines.  Modify and adopt Resolution No. 26-22.
 Continue the item and direct staff to provide additional information.  Do not award the contract or construct the street improvements.

Environmental Review/Analysis:

This project is exempt from the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities, 14 CCR section 15301) of the State CEQA Guidelines because it consists of repairs to existing City facilities, involves negligible or no expansion of existing or former use, and has no possibility of a direct or reasonably foreseeable indirect effect on the environment. 212
Meeting Date: February 3, 2026 Agenda Item: 11E.

CITY OF SAN CLEMENTE 3
Recommended Actions:
..recommendation
Staff recommends that the City Council adopt Resolution No. 26-22 (Attachment 1), which will:
..recommendation

1. Find the FY 2026 Major Street Maintenance and FY 2026 Pavement Preservation Program, CIP Project Nos. 26303 and 26304, categorically exempt from the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities, 14 CCR section 15301) of the State CEQA Guidelines;

2. Award the FY 2026 Major Street Maintenance and FY 2026 Pavement Preservation Program, CIP Project Nos. 26303 and 26304, contract to L.C. Paving & Sealing, Inc.; and

3. Authorize the City Manager to execute a contract with L.C. Paving & Sealing, Inc. in an amount not to exceed $581,210, in a form substantially similar to Contract No. 26-12 (Attachment 2).
..end
Attachment:

1. Resolution No. 26-22

2. Contract No. C26-12 (without attachments)

3. Proposed Pavement Repair Locations
Notification:

All bidders.
213
Attachment 1
RESOLUTION NO. 26-22

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, AWARDING A
CONSTRUCTION CONTRACT TO L.C. PAVING &
SEALING, INC. TO PERFORM FY 2026 MAJOR STREET
MAINTENANCE AND FY 2026 PAVEMENT

PRESERVATION PROGRAM IN AN AMOUNT NOT TO
EXCEED $581,210, AUTHORIZING THE CITY MANAGER

TO EXECUTE THE CONTRACT AND FINDING THE

PROJECT CATEGORICALLY EXEMPT FROM THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
UNDER CLASS 1 (EXISTING FACILITIES, 14 CCR
SECTION 15301) OF THE STATE CEQA GUIDELINES
WHEREAS, the City conducted formal competitive bidding for the FY 2026 Major Street Maintenance and FY 2026 Pavement Preservation Program, CIP Project Nos. 26303 and 26304 (Project); and
WHEREAS, on January 8, 2026, the City received four responsive bids ranging from $581,210 to $1,199,242 for the Project; and
WHEREAS, L.C. Paving & Sealing, Inc. was the lowest responsive and responsible bidder with a bid of $581,210.

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

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

SECTION 2. That based upon substantial evidence in the record as a whole, the Project is hereby determined to be categorically exempt from the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities, 14 CCR section 15301) of the State CEQA Guidelines because it consists of repairs to existing City facilities, involves negligible or no expansion of existing or former use and there is no possibility of a direct or reasonably foreseeable indirect effect on the environment.

SECTION 3. That the Construction Contract Agreement for the FY 2026 Major Street Maintenance and FY 2026 Pavement Preservation Program, CIP Project Nos. 26303 and 26304, is hereby awarded to L.C. Paving & Sealing, Inc.

SECTION 4. That the City Manager is authorized and directed to execute a construction contract for the FY 2026 Major Street Maintenance and FY 2026 Pavement Preservation Program, CIP Project Nos. 26303 and 26304 with L.C.

Paving & Sealing, Inc. in an amount not to exceed $581,210, in a form substantially similar to that presented to City Council on February 3, 2026. 214
Resolution No. 26-22 Page 2
SECTION 5. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

PASSED AND ADOPTED this _____ day of February, 2026.

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

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 26-22 was adopted at a regular meeting of the City Council of the City of San Clemente held on the _______ day of February, 2026, by the following vote:

AYES:

NOES:

ABSENT:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this _____ day of ________________, _____. __________________________
CITY CLERK of the City of
San Clemente, California
Approved as to form:
___________________________
Elizabeth A. Mitchell, City Attorney
215
Attachment 2
SECTION 00500

CONTRACT
THIS CONSTRUCTION CONTRACT FY 2026 MAJOR STREET MAINTENANCE AND FY 2026 PAVEMENT PRESERVATION PROGRAM, PROJECT NOS. 26303 AND 26304 (“CONTRACT”) is made this _____ day of _________, 2026, in the County of Orange, State of California, by and between the City of San Clemente, a municipal corporation (“CITY”), and L.C. Paving & Sealing, Inc., a California corporation with its principal place of business at 620 Alpine Way, Escondido, CA 92029 (“CONTRACTOR”). City and the Contractor for the considerations stated herein agree as follows:

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

FY 2026 Major Street Maintenance and FY 2026 Pavement Preservation Program, Project Nos. 26303 and 26304
The Contractor and its surety shall be liable to City for any damages arising as a result of the Contractor’s failure to comply with this obligation.

TIME FOR COMPLETION. The Work shall be commenced on the date stated in City’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within 90 working days from the commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work.

CONTRACT PRICE. City shall pay to the Contractor as full compensation for the performance of the Contract and the Work, which includes everything that is reasonably foreseeable related thereto, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of Five Hundred Eighty-One Thousand Two Hundred Ten Dollars ($581,210). Payment shall be made as set forth in the General Conditions.

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

LIQUIDATED DAMAGES/EARLY COMPLETION INCENTIVE. In accordance with Government Code section 53069.85, it is agreed that the Contractor will pay City the sum of $1,000 for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event that Liquidated Damages are not paid, the Contractor agrees City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Article does not exclude recovery of other damages specified in the Contract Documents.

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

Notice Inviting Bids
Instructions to Bidders
216
Bid Form
Contractor’s Certificate Regarding Workers’ Compensation Bid Bond
Non-Collusion Declaration Form
Contractor Information and Experience Form
List of Subcontractors Form
Iran Contracting Act Certification
Public Works Contractor Registration Certification
Contract
Performance Bond
Payment Bond
General Conditions
Special Conditions
Technical Specifications
Addenda
Plans and Drawings
Approved and fully executed change orders
Any other documents contained in or incorporated into the Contract The Contactor shall complete the Work in strict accordance with all of the Contract Documents.

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

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

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

PREVAILING WAGES. Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates shall be made available at CITY CLERK, CITY OF SAN CLEMENTE or may be obtained online at http//www.dir.ca.gov/dlsr. and which must be posted at the job site.

IN WITNESS WHEREOF, this Contract has been duly executed by the above-named Parties, on the day and year above written.
[SIGNATURES ON FOLLOWING PAGE]
217
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be duly executed on the respective dates set forth opposite of their signatures.

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

APPROVED AS TO AVAILABILITY
OF FUNDING:
_____________________________
Finance Authorization

L.C. Paving & Sealing, Inc., a
California corporation
(“CONTRACTOR”)
By:_____________________________
Jose A. Salinas, CEO, Secretary, CFO
Dated: __________________, 20____

END OF CONTRACT
218
APPENDIX 4

PCC LISTING
#'s Address width length SF comments
Curb and Gutter A2-8 (W=24") Remove & Construct (Item No. 9 & No.21) 1 402 Ave. Ortega 25.00
2 401 E. Ave. Magdalena (on Ave. Ortega) 27.00
3 110 W. Ave. Magdalena 4.00
4 2483 S. Ola Vista (on W. Ave. Magdalena) 41.50 plates required 5 1507 S. Ola Vista (on Ave. Princesa) 87.70
6 1601 S. Ola Vista (on Ave. Princesa) 72.00
7 2241 - 2249 S. El Camino Real (7 Eleven) 12.00
8 2241 - 2249 S. El Camino Real (7 Eleven) 12.00
9 914 Ave. Presidio at fire hydrant 13.80
10 914 Ave. Presidio at water meter box 10.60
11 922 - 924 Ave. Presidio 7.20
12 924 Ave. Presidio at drive approach 22.50 plates required 13 Ave. Presidio northbound at Calle Familia upper curb ramp "X" 10.80 14 Ave. Presidio northbound north of Calle Familia 13.50 15 Ave. Presidio northbound north of Calle Familia 12.90 16 Ave. Presidio northbound north of Calle Fiesta 11.30 17 Ave. Presidio northbound north of Calle Empalme 12.30 18 Ave. Presidio northbound north of Calle Escuela 18.00 19 311-313 Calle Felicidad 49.00
20 327-331 Calle Felicidad 96.00
21 Ave. Presidio northbound north of Calle Neblina 13.60 22 306 Ave. Salvador 12.00
23 1208 Vista Cayenta 4.00
24 1210 Vista Cayenta 10.80
25 617 Vista Valinda 12.00
26 204 Ave. San Carlos 20.00
27 across from 233 W. Ave. Cordoba 24.00 plates required 28 151 Ave. Victoria 21.50 plates required
29 220 S. Ola Vista (on Ave. Victoria) 28.00 plates required 30 206 Ave. Victoria 33.00 plates required
31 208 Ave. Victoria 37.00 plates required
32 210 Ave. Victoria 16.00 plates required
33 212 Ave. Victoria 28.00 plates required
34 221 Ave. Victoria 33.00 plates required
35 223 Ave. Victoria 33.00 plates required
36 258 Ave. Victoria 40.00 plates required
37 515 Monterey Lane 12.00 plates required
38 515 - 521 Monterey Lane 135.00 plates required
39 106 E. Escalones 24.00
40 Ave. Del Mar (100 block various locations near tree wells) 224.00 41 Ave. Vaquero EB at golf cart path underpass before Ave. Vista Torito 57.00 42 Bello Panorama WB between catch basin and curb ramp at Cam. Vera Cruz 11.50 43 Cam. De Los Mares WB at 1st fire hydrant west of Estancia 15.30 44 Ave. Pico WB at Calle De Los Molinos curb return 11.50 1,415.30
Curb and Gutter A2-6 (W=18") Remove & Construct (Item No. 8 & No. 21) 2483 S. Ola Vista (on W. Ave. Magdalena) 41.50
219
APPENDIX 4

PCC LISTING
#'s Address width length SF comments
Median Curb, Type A1-8 Romove & Construct (Item No. 7 & No. 20) 1 Ave. Vista Hermosa EB No. 1 lane at 1st catch basin EO Cam. Vera Cruz 4 2 Ave. Vista Hermosa EB No. 1 lane at 2nd catch basin EO Cam. Vera Cruz 3 3 Ave. Vista Hermosa EB No. 1 lane at 3rd catch basin EO Cam. Vera Cruz 3 4 Ave. Vista Hermosa EB No. 1 at fire hydant EO Cam. Vera Cruz 50 5 Ave. Vista Hermosa WB No. 1 at 7th MSL before Camino Vera Cruz 40 6 Ave. La Pata SB No. 1 lane south of Traffix Devices 40 140
Local depression Remove & Construct (Item No.10 & No.30) 1 Ave. La Pata southbound before Ave. Pico 4.50 6.80 30.60 2 Ave. San Pablo EB near Via Colibri 3.60 4 14.40
3 Ave. Salvador at Calle Tibidabo 3 4 12.00
4 637 Vista Valinda 4 6.10 24.40
5 204 Ave. San Carlos 3.50 2.00 7.00
6 Camino Vera Cruz NB above Paradiso 4.00 3 12.00
7 Estancia SB just before Camino De Los Mares 3.50 19.60 68.60 9 Calle Guadalajara NB north of Calle Gaucho 4.40 8.30 36.52 205.52
Cross Gutter Remove & Construct (Item No.13 & No.22)
1 1601 S. Ola Vista (on Ave. Princesa) 3.20 14.50 46.40 2 Via Cascadita at Ave. Vaquero at gas valve can 3 2 6.00 3 Calle Redondel (entrance) at Ave. de la Estrella 6 8 48.00 4 Calle Redondel (entrance) at Ave. de la Estrella 4 33 132.00 plates required 5 Ave. Teresa at Ave. Columbo 4 17.50 70.00 plates required 6 Calle Sandia at Calle Escuela 5 8 40.00 plates required 7 Calle Puente at W. Mariposa 4 10 40.00 plates required 8 Calle Arco at Ave. Vaquero 4 31.30 125.20 plates required 507.60
WM boxes (Item No.23 & No.24)
1 2241 - 2249 S. El Camino Real (7 Eleven)
2 311 Calle Felicidad
3 313 Calle Felicidad
4 327 Calle Felicidad
5 329 Calle Felicidad
6 151 Ave. Victoria
7 163 Ave. Victoria
8 N. El Camino Real before Camino San Clemente
9 637 Vista Valinda
10 303 Ave. Salvador
11 304 Ave. Salvador
12 306 Ave. Salvador
13 922 Ave. Presidio
14 924 Ave. Presidio
15 1000 Calle Recodo (No.5-1/2)
16 1000 Calle Recodo (No.5-1/2)
220
APPENDIX 4

PCC LISTING
#'s Address width length SF comments
Remove sidewalk (Item No.12)
1 2241 - 2249 S. El Camino Real (7 Eleven) 7.30 26.30 191.99 2 2241 - 2249 S. El Camino Real (7 Eleven) 7.50 10.20 76.50 3 327-329 Calle Felicidad 3.50 43 150.50
4 329-331 Calle Felicidad 3.50 31 108.50
5 922 - 924 Ave. Presidio 3.50 42.50 148.75
6 Ave. Presidio northbound north of Calle Neblina 3.50 13.60 47.60 7 Ave. Presidio northbound north of Calle Fiesta 3.50 11.30 39.55 8 Ave. Presidio northbound north of Calle Empalme 3.50 12.30 43.05 9 Ave. Presidio northbound north of Calle Escuela 3.50 18.00 63.00 10 301 Calle Pueblo at catch basin 4.00 5.50 22.00
11 301 Calle Pueblo at catch basin 1.50 11.00 16.50
12 301 Calle Pueblo at catch basin 4.00 20 80.00
13 301 Calle Empalme at catch basin 4 12.80 51.20
14 303 S. La Esperanza 3.60 16.20 58.32
15 617 Vista Valinda 4 10 40.00
16 637 Vista Valinda 4 12 48.00
17 303 Ave. Salvador 4 11.70 46.80
18 304 - 306 Ave. Salvador 4 9 36.00
19 306 Ave. Salvador 4 4.50 18.00
20 151 Ave. Victoria 4.50 4 18.00
21 163 Ave. Victoria 4.35 3 13.05
22 515 Monterey Lane 3.50 9 31.50
23 517 Monterey Lane 3.50 14.50 50.75
24 517 - 521 Monterey Lane 3.10 30 93.00
25 521 Monterey Lane 3.70 40 146.52
26 106 E. Escalones 4.50 10 45.00
27 123-125 W. Canada 4.50 8 36.00
28 124-126 Calle Redondel 4 4 16.00
29 Bello Panorama WB between catch basin and curb ramp 6.60 10.20 67.32 30 Calle Frontera NB at catch basin at pavers north of Camino Faro 4.00 18.80 75.20 31 Calle Frontera SB at catch basin before NPZ before Ave. Pico 4.50 6.90 31.05 32 Calle Frontera SB at beginning of NPZ before Ave. Pico 4.50 6.90 31.05 33 Calle Frontera SB before OCFC driveway before Ave. Pico 4.50 5.00 22.50 34 Calle Frontera SB at street light before Pacific Pointe entrance 4.50 6.90 31.05 35 Calle Frontera SB at street light before Pacific Pointe entrance 5.20 6.50 33.80 36 Calle Frontera SB at street light before Pacific Pointe entrance 6.00 2.50 15.00 37 Calle Frontera SB at street light before Pacific Pointe entrance 5.20 6.50 33.80 38 Estancia SB at local depression just before Camino De Los Mares 4.50 25.00 112.50 39 Estancia SB at just before curb ramp at Camino De Los Mares 4.50 2.60 11.70 40 Ave. La Pata SB before Ave. Pico at local depression 4 6.70 26.80 41 Calle Amanecer westbound before Ave. Pico at catch basin 4.00 5.20 20.80 42 Calle Amanecer westbound before Ave. Pico at catch basin 0.50 8.20 4.10 43 1000 - 1010 Calle Recodo 4.60 29.80 137.08
44 1010 Calle Recodo at catch basin 4.40 5.60 24.64
45 1010 Calle Recodo at catch basin 0.80 4.60 3.68
46 1010 Calle Recodo at catch basin 4.50 5.80 26.10
48 850 Camino De Los Mares frontage road 3.50 8 28.00
49 Camino De Los Mares WB at 1st fire hydrant WO Estancia 6.50 5.50 35.75 50 Pantano WB at tract boundary 4.50 4.00 18.00
51 Pantano WB at mailbox 4.50 3.60 16.20
52 Riachuelo EB at catch basin before Cerca 4.50 10.50 47.25 2,589.45
221
APPENDIX 4

PCC LISTING
#'s Address width length SF comments
Construct Sidewalk (Item No.26)
1 2241 - 2249 S. El Camino Real (7 Eleven) 7.30 22.30 162.79 2 2241 - 2249 S. El Camino Real (7 Eleven) 7.50 6.20 46.50 3 327-329 Calle Felicidad 3.50 43 150.50
4 329-331 Calle Felicidad 3.50 31 108.50
5 922 - 924 Ave. Presidio 3.50 42.50 148.75
6 Ave. Presidio northbound north of Calle Neblina 3.50 13.60 47.60 7 Ave. Presidio northbound north of Calle Fiesta 3.50 11.30 39.55 8 Ave. Presidio northbound north of Calle Empalme 3.50 12.30 43.05 9 Ave. Presidio northbound north of Calle Escuela 3.50 18.00 63.00 10 301 Calle Pueblo at catch basin 4.00 5.50 22.00
11 301 Calle Pueblo at catch basin 1.50 11.00 16.50
12 301 Calle Pueblo at catch basin 4.00 20 80.00
13 301 Calle Empalme at catch basin 4 12.80 51.20
14 303 S. La Esperanza 3.60 16.20 58.32
15 617 Vista Valinda 4 10 40.00
16 637 Vista Valinda 4 12 48.00
17 303 Ave. Salvador 4 11.70 46.80
18 304 - 306 Ave. Salvador 4 9 36.00
19 306 Ave. Salvador 4 4.50 18.00
20 151 Ave. Victoria 4.50 4 18.00
21 163 Ave. Victoria 4.35 3 13.05
22 515 Monterey Lane 3.50 9 31.50
23 517 Monterey Lane 3.50 14.50 50.75
24 517 - 521 Monterey Lane 3.10 30 93.00
25 521 Monterey Lane 3.70 40 146.52
26 106 E. Escalones 4.50 10 45.00
27 123-125 W. Canada 4.50 8 36.00
28 124-126 Calle Redondel 4 4 16.00
29 Bello Panorama WB between catch basin and curb ramp 6.60 10.20 67.32 30 Calle Frontera NB at catch basin at pavers north of Camino Faro 4.00 18.80 75.20 31 Calle Frontera SB at catch basin before NPZ before Ave. Pico 4.50 6.90 31.05 32 Calle Frontera SB at beginning of NPZ before Ave. Pico 4.50 6.90 31.05 33 Calle Frontera SB before OCFC driveway before Ave. Pico 4.50 5.00 22.50 34 Calle Frontera SB at street light before Pacific Pointe entrance 4.50 6.90 31.05 35 Calle Frontera SB at street light before Pacific Pointe entrance 5.20 6.50 33.80 36 Calle Frontera SB at street light before Pacific Pointe entrance 6.00 2.50 15.00 37 Calle Frontera SB at street light before Pacific Pointe entrance 5.20 6.50 33.80 38 Estancia SB at local depression just before Camino De Los Mares 4.50 25.00 112.50 39 Estancia SB at just before curb ramp at Camino De Los Mares 4.50 2.60 11.70 40 Ave. La Pata SB before Ave. Pico at local depression 4 6.70 26.80 41 Calle Amanecer westbound before Ave. Pico at catch basin 4.00 5.20 20.80 42 Calle Amanecer westbound before Ave. Pico at catch basin 0.50 8.20 4.10 43 1000 - 1010 Calle Recodo 4.60 29.80 137.08
44 1010 Calle Recodo at catch basin 4.40 5.60 24.64
45 1010 Calle Recodo at catch basin 0.80 4.60 3.68
46 1010 Calle Recodo at catch basin 4.50 5.80 26.10
48 850 Camino De Los Mares frontage road 3.50 8 28.00
49 Camino De Los Mares WB at 1st fire hydrant WO Estancia 6.50 5.50 35.75 50 Pantano WB at tract boundary 4.50 4.00 18.00
51 Pantano WB at mailbox 4.50 3.60 16.20
52 Riachuelo EB at catch basin before Cerca 4.50 10.50 47.25 2,530.25
222
APPENDIX 4

PCC LISTING
#'s Address width length SF comments
Remove Driveway Approach (Item No.11)
1 Across from 233 W. Ave. Cordoba 2.40 21 50.40 plates required 2 2241 - 2249 S. El Camino Real 7.50 4 30.00
3 2241 - 2249 S. El Camino Real 7.50 4 30.00
4 2241 - 2249 S. El Camino Real 4.00 24 96.00 plates required 5 329 Calle Felicidad 3.50 22 77.00 plates required
6 1208 Vista Cayenta 4 4 16.00
7 617 Vista Valinda 4 12 48.00
8 303 S. La Esperanza 3.60 4 14.40
9 850 Camino De Los Mares frontage road 3.50 4 14.00
375.80
Construct Residential Driveway Approach (Item No. 28)
1 Across from 233 W. Ave. Cordoba 2.40 12 28.80 plates required 2 329 Calle Felicidad 3.50 22 77.00 plates required
3 1208 Vista Cayenta 4 4 16.00
4 617 Vista Valinda 4 12 48.00
5 303 S. La Esperanza 3.60 6 21.60
6 850 Camino De Los Mares frontage road 3.50 4 14.00
205.40
Construct Commercial Driveway Approach with Path of Travel (Item No.27) 1 2241 - 2249 S. El Camino Real (7 Eleven) 4 32 128.00 plates required 2 2241 - 2249 S. El Camino Real (7 Eleven) 7.50 8 60.00 3 2241 - 2249 S. El Camino Real (7 Eleven) 7.50 8 60.00 248.00
223
APPENDIX 6
MILL and FILL LIST
Depth Address width length SF

0.20' Ave. Vista Hermosa EB No. 1 & 2 at 5th catch basin EO Vera Cruz 20.50 42 861

0.20' Ave. Vista Hermosa EB No. 1 & 2 at 6th catch basin EO Vera Cruz 20.50 44 902

0.20' Ave. Vista Hermosa EB No. 1 & 2 at 2nd fire hydrant EO Vera Cruz 20.50 50 1025

0.20' AVH EB No. 1, 2 and buffer before 1st MSL WO median cross through 23 45 1035

0.20' AVH WB No. 1 lane at SD MH between 2nd and 3rd median street lights 3 4 12

0.20' Ave. La Pata SB No. 1 lane south of Traffix Devices at SD manhole 10.50 40 420

0.20' Calle Amanecer WB before Ave. Pico turn lanes 5 40 200

0.20' Calle Amanecer WB before Ave. Pico turn lanes 5 10 50

0.20' Camino Vera Cruz NB No. 1 lane above Calle Paradiso 10 10 100

0.20' Camino Vera Cruz NB north of Sarmentoso 4 70 280

0.20' Camino Vera Cruz left & right turn lanes & bike lane at arrows before Pico 35 60 2100

0.20' Ave. Pico WB left turn lanes at Via Pico Plaza 21 75 1575

0.20' Ave. Pico WB bike lane just before Calle Industrias 4 45 180

0.20' Ave. Pico EB No. 1 lane just east of Via Pico Plaza intersection 10 10 100

0.20' N. El Camino Real NB just before SDGE vault near slough wall 9.50 25 238

0.20' N. El Camino Real NB near slough wall at inlet grate 6 20 120

0.20' Camino De Estrella WB turn lane at Ave. Las Palmas intersection 9.50 20 190

0.20' Camino De Estrella WB turn lane at Ave. Las Palmas intersection 12 50 600 10,038

0.35' Ave. Pico WB No. 3 lane just west of Camino Vera Cruz 4 38 152

0.35' Ave. Pico WB No. 1 and 2 lanes just before Calle Industrias 21 45 945

0.35' N. El Camino Real NB north of Ave. Estacion just N.O. staircase 5 8 40

0.35' Cam. De Estrella WB left turn lane at Ave. Las Palmas 9.50 16 152 1,289
224
APPENDIX 7
MANHOLE and WATER VALVE CAN ADJUSTMENT LIST
Lower and Adjust
City furnished raise sewer Adjust
manhole S.D. or S.D. water valve
No. Address frame and lid manhole manhole can
1 Ave. Vista Hermosa (AVH) WB btwn. 2nd & 3rd MSL 1
2 AVH WB No. 2 lane west of Cm. Vera Cruz 1
3 AVH EB No. 1 lane at 5th CB EO Vera Cruz 1
4 AVH EB No. 1 lane at 5th CB EO Vera Cruz 1
5 Vista Hermosa EB at 2nd FH EO Vera Cruz 1
6 AVH EB No. 1 lane before 1st MSL WO MCT 1
7 Camino Vera Cruz SB south of Plaza Pacifica 1
8 Camino San Clemente WB before N. ECR 1
9 Buena Vista at Ave. Aragon intersection 1
10 across from 315 Calle Villario 1
11 321 Calle Familia 1
12 105 Terraza Vista Bahia 1
13 2122 S. El Camino Real 1
14 S. El Camino Real NB No. 2 at E. Cornelio 1
15 S. El Camino Real NB No. 2 at E. San Antonio 1
16 Ave. Pico EB No. 3 lane before Calle Del Cerro 3
17 Calle Monserrat at Calle Dulcinea (40" frame & lid) 1 TOTALS 3 6 4 6
225
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: February 3, 2026 Agenda Item: 11F.

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

CONSIDERATION OF A RESOLUTION AWARDING A PROFESSIONAL CONSULTANT SERVICES AGREEMENT TO TKE ENGINEERING, INC. FOR CONSTRUCTION

MANAGEMENT AND INSPECTION SERVICES FOR THE CALLE REAL PUMP STATION REHABILITATION, CIP PROJECT NO. 19516 AND THE REEVES BOOSTER PUMP STATION, CIP PROJECT NO. 17405, AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT IN AN AMOUNT NOT TO EXCEED $564,316 ..body
Fiscal Impact:

The expenditure of $282,158 for the Calle Real Pump Station Rehabilitation is within the available approved budget from account number 052-466-45300-000-19516.

The expenditure of $282,158 for the Reeves Booster Pump Station is within the available approved budget from account number 052-467-45300-000-17405.

Summary:

The City Council is being asked to consider adoption of a resolution (Attachment 1) awarding a Professional Consultant Services Agreement to TKE Engineering, Inc. (TKE), in an amount not to exceed $564,316 (Attachment 2), for Construction Management and Inspection Services for the Calle Real Pump Station Rehabilitation, CIP Project No. 19516, and Reeves Booster Pump Station, CIP Project No. 17405.

Existing Calle Real Pump Station
226
Meeting Date: February 3, 2026 Agenda Item: 11F.

CITY OF SAN CLEMENTE 2
Proposed Reeves Booster Pump Station
As proposed, TKE would provide construction management and daily inspection services for both projects (i.e., Calle Real Pump Station Rehabilitation and Reeves Booster Pump Station) and would serve as the liaison between the City and the Contractor to ensure that the project plans and specifications are implemented as intended by the design engineer.

Background:

The Calle Real Pump Station was constructed in the early 1960s and is in need of upgrades. The upgrades will allow the City to efficiently abandon Reservoir 6, which has reached the end of its useful life. In addition, the pump station will be upgraded to pump to Reservoir 10, providing system redundancy to both the Calle Real and Reservoir 10 zones. On November 4, 2025, the City Council awarded a construction contract to R.E. Chaffee Construction, Inc. (i.e., Contractor), in the amount of $2,528,600, for the Calle Real Pump Station Rehabilitation.

The City of San Clemente Water Master Plan, dated March 2006, recommended construction of the Reeves Booster Pump Station to supply potable water from a regional water main trunk (Local Transmission Main) to Forester Ranch and Marblehead areas. This project is needed due to hydraulic restrictions within the existing system under peak demands. The proposed Station will also convey water to Reservoir 7 zone and provides an alternate supply source, which improves system reliability. On November 18, 2025, the City Council rejected all bids for the Reeves Booster Pump Station and directed staff to rescope and rebid the project. This project is being rebid with a bid opening anticipated in February 2026.

To provide construction management and inspection (CM&I) services for both projects (i.e., Calle Real Pump Station Rehabilitation and Reeves Booster Pump Station), staff prepared a Request for Proposal (RFP) and advertised on the PlanetBids website. By combining these two projects under a single CM&I services contract, cost savings will be achieved, as one inspector can oversee both projects during the same day. This approach is expected to reduce the total inspection time for each project by approximately half.

Proposals were received from four firms, PDM Consulting, Inc. ($501,000), TKE Engineering, Inc. (564,316), Valley Construction Management ($689,750) and DUDEK ($904,615). The fee for the 227
Meeting Date: February 3, 2026 Agenda Item: 11F.

CITY OF SAN CLEMENTE 3
proposals ranged from $501,600 to $904,615 for both projects. Following the City’s Procurement Policy and Procedure Section VIII Selection of Professional Service Consultants and Contractors, City staff reviewed the written proposals and conducted interviews. Staff determined that TKE Engineering, Inc. submitted the best proposal, offering the most qualified project team, relevant experience, availability of staff to complete the project inspection and ability to provide adequate and effective construction supervision. The apparent low bidder was recently relieved from a City project for a variety of reasons that are still being reviewed. Therefore, staff recommends awarding a Professional Consultant Services Agreement to TKE Engineering, Inc., in an amount of not to exceed $564,316, to provide construction management and inspection services for both projects (i.e., Calle Real Pump Station Rehabilitation and Reeves Booster Pump Station).

Upon City Council’s approval, staff will issue a Notice to Proceed to TKE to preform CM&I services for the Calle Real Pump Station; however, a Notice to Proceed for the Reeves Booster Pump Station will not be issued until a construction contract is awarded by the City Council and the project is under construction. While there is a delay in starting construction for Reeves Booster Pump Station due to the rebid, TKE has agreed to modify its daily inspection schedule to reduce inspection time until both projects are under construction.

As proposed, TKE will provide construction management and daily inspection services and will serve as the liaison between the City and the Contractor to ensure that the project plans and specifications are implemented as intended by the design engineer. TKE’s detailed scope of work is provided in the proposed contract (Attachment 2).

Council Options:
 Adopt Resolution No. 26-23 (Attachment 1), awarding a Professional Consultant Services Agreement to TKE Engineering, Inc., in an amount not to exceed $564,316, and authorizing the City Manager to execute the Agreement.
 Modify and adopt Resolution No. 26-23.
 Deny the adoption of Resolution No. 26-23 to authorize execution of the Professional Services Agreement with TKE Engineering, Inc. and provide direction to staff.  Continue the item and direct staff to provide additional information.

Environmental Review/Analysis:

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

The Calle Real Pump Station Rehabilitation was previously determined to be exempt from CEQA under Class 2 (Replacement of Existing Facilities, 14 CCR section 15302) of the State CEQA Guidelines. A Notice of Exemption was filed with the County of Orange Recorder’s Office on September 10, 2025 for this Project.

The Reeves Booster Pump Station was previously determined to be categorically exempt from the California Environmental Quality Act (CEQA) under Class 1 and Class 3 of the State CEQA Guidelines, Sections 15301 and 15303, respectively – Existing Facilities and New Construction or 228
Meeting Date: February 3, 2026 Agenda Item: 11F.

CITY OF SAN CLEMENTE 4
Conversion. A Notice of Exemption was filed with the County of Orange Recorder’s Office on November 22, 2024 for this Project.

Recommended Actions:
..recommendation
Staff recommends that the City Council adopt Resolution No. 26-23, which will:

1. Award a Professional Consultant Services Agreement to TKE Engineering, Inc. for the Construction Management and Inspection Services for the Calle Real Pump Station Rehabilitation, CIP Project No. 19516; and Reeves Booster Pump Station, CIP Project No. 17405; and

2. Authorize the City Manager to execute a Professional Consultant Services Agreement with TKE Engineering, Inc. in an amount not to exceed $564,316, in a form substantially similar to Contract No. C26-13 (Attachment 2).
..end
Attachment:

1. Resolution No. 26-23

2. Professional Consultant Services Agreement Contract No. C26-13

3. Staff Report dated November 4, 2025 (without attachments) Notification:

All proposers
229
Attachment 1
4882-9904-3949 v1
RESOLUTION NO. 26-23

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, AWARDING A

PROFESSIONAL CONSULTANT SERVICES AGREEMENT
TO TKE ENGINEERING, INC. FOR CONSTRUCTION

MANAGEMENT AND INSPECTION SERVICES FOR THE

CALLE REAL PUMP STATION REHABILITATION, CIP
PROJECT NO. 19516; AND THE REEVES BOOSTER PUMP
STATION, CIP PROJECT NO. 17405, AND AUTHORIZING

THE CITY MANAGER TO EXECUTE THE AGREEMENT IN
AN AMOUNT NOT TO EXCEED $564,316
WHEREAS, the Calle Real Pump Station was constructed in the early 1960s, is in need of upgrades, and will provide a redundant system to Reservoir 6 and 10 zones; and WHEREAS, on November 4, 2025, City Council awarded the Calle Real Pump Station Rehabilitation, CIP Project No. 19516, construction contract to RE Chaffee Construction, Inc. for the Calle Real Pump Station Rehabilitation; and WHERAS, the City of San Clemente Water Master Plan, dated March 2006, recommended construction of the Reeves Booster Pump Station to supply potable water from a regional water main trunk (Local Transmission Main) to Forester Ranch and Marblehead areas; and
WHERAS, the proposed Reeves Booster Pump Station will convey water to Reservoir 7 zone and provides an alternate supply source, which improves system reliability; and
WHEREAS, the Project requires construction management and inspection services (CM & I); and
WHEREAS, staff prepared a Request for Proposal for the CM & I services needed for two projects, the Reeves Booster Pump Station and Calle Real Pump Station Rehabilitation, and advertised the project on the PlanetBids website; and WHEREAS, combining these two projects under a single CM&I services contract will result in cost savings, as one inspector can oversee both projects on the same day and the total inspection time for each project is thereby expected to be reduced by approximately half; and
WHEREAS, proposals were received from four firms, PDM Consulting, Inc., TKE Engineering, Inc., Valley Construction Management and DUDEK and the fee proposals ranged from $501,600 to $904,615; and
WHEREAS, following a review of written proposals and interviews conducted by City staff, it was determined that TKE Engineering, Inc. submitted the best proposal, offering the most qualified project team, and relevant experience at a fair and reasonable 230
Resolution No. 26-23 Page 2
price; and
WHEREAS, the scope of work includes construction management and inspection services for the Calle Real Pump Station Rehabilitation Project ($282,158) and services to be provided upon execution of the construction contract for the Reeves Booster Pump Station ($282,158), for total proposed fee for the scope of work for both projects of $564,316.

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

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

SECTION 2. A Professional Consultant Services Agreement is hereby awarded to TKE Engineering, Inc. for the Construction Management and Inspection Services for the Calle Real Pump Station Rehabilitation, CIP Project No. 19516 and Reeves Booster Pump Station, CIP Project No. 17405.

SECTION 3. That the City Manager is authorized and directed to execute a Professional Services Agreement with TKE Engineering, Inc. in an amount not to exceed $564,316, in a form substantially similar to that presented to the City Council on February 3, 2026 for the Calle Real Pump Station Rehabilitation, CIP Project No. 19516, and Reeves Booster Pump Station, CIP Project No. 17405.

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

PASSED AND ADOPTED this _________ day of ______________, 2026.

ATTEST:
___________________________ __________________________
City Clerk of the City of Rick Loeffler, Mayor of the City of San Clemente, California San Clemente, California
231
Resolution No. 26-23 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. 26-23 was adopted at a regular meeting of the City Council of the City of San Clemente held on the _____ day of ______, 2026, 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 _________________, 2026. ________________________
CITY CLERK of the City of
San Clemente, California
Approved as to form:
___________________________
Elizabeth A. Mitchell, City Attorney
232
Attachment 2

CITY OF SAN CLEMENTE

PROFESSIONAL CONSULTANT SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into this _____ day of ________, 2025, by and between the City of San Clemente, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 910 Calle Negocio, San Clemente, California, 92673 ("City") and TKE Engineering, Inc., a California corporation, with its principal place of business at 2305 Chicago Avenue, Riverside, CA ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. RECITALS.

2.1 Consultant.

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

2.2 Project.

City desires to engage Consultant to render such professional Construction Management and inspection services for the Calle Real Pump Station Rehabilitation Projects, PN-19516, and Reeves Booster Pump Station, CIP Project No. 17405 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 construction management consulting services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

3.1.2 Term. The term of this Agreement shall be from January 15, 2026 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 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 233
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behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control, the City being only concerned with the finished results of the work being performed. Neither City, nor any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be solely responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Neither Consultant nor Consultant's employees shall in any event be entitled to any benefits to which City employees are entitled, including, but not limited to, overtime, retirement benefits, workers’ compensation benefits, injury leave or other leave benefits. Consultant is solely responsible for all such matters, as well as compliance with social security and income tax withholding and all other regulations and laws governing such matters.

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

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

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

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

3.2.6 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant 234
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cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. The key personnel for performance of this Agreement are as follows: Steven W. Ledbetter, Vice President

3.2.7 City's Representative. The City hereby designates Director of Public Works/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 Steven W.

Ledbetter, Vice President, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

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

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

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

3.2.11 Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting 235
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the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If Consultant performs any work knowing it to be contrary to such laws, rules and regulations, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees, agents, and volunteers free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

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

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

3.3 Fees and Payments.

3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "D" attached hereto and incorporated herein by reference. The total compensation shall not exceed Five Hundred Sixty-Four Thousand Three Hundred Sixteen Dollars ($564,316.00) without prior written approval of the City Council or City Manager as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

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

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

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

3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which 236
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is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.

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

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

3.3.6 Labor Code Requirements.

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

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

3.4 Accounting Records.

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

3.5 General Provisions.

3.5.1 Termination of Agreement.

3.5.1.1 Grounds for Termination. City may, by written notice to 237
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Consultant, terminate the whole or any part of this Agreement at any time, with or without cause, by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause.

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

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

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

Consultant: TKE Engineering, Inc.
2305 Chicago Avenue
Riverside, CA 92507
ATTN: Steven W. Ledbetter, Vice President
City: City of San Clemente
910 Calle Negocio
San Clemente, CA 92673
ATTN: David T. Rebensdorf, P.E., City Engineer and
Laura Campagnolo, City Clerk
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.5.3 Ownership of Materials and Confidentiality.

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

Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided 238
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that any such use not within the purposes intended by this Agreement shall be at City's sole risk.

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

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

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

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

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

3.5.6 Indemnification.

3.5.6.1 To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant's Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses. Consultant’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers. 239
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3.5.6.2 If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.

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

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

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

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

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

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

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

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

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

3.5.16 No Third-Party Beneficiaries. There are no intended third party 240
9 55452.01100\31193624.5
beneficiaries of any right or obligation assumed by the Parties.

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

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

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

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

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

3.5.22 Counterparts/Electronic Signatures. This Agreement may be signed in counterparts, each of which shall constitute an original. This Agreement may be signed with the same force and effect as original ink signatures.

3.6 Subcontracting.

3.6.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
241
10 55452.01100\31193624.5
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be duly executed on the respective dates set forth opposite of their signatures.

CITY OF SAN CLEMENTE
By:________________________________
Andy Hall, City Manager
ATTEST: Dated: __________________, 2025
___________________________
CITY CLERK of the City of
San Clemente, California
APPROVED AS TO FORM:
_____________________________
Elizabeth A. Mitchell, City Attorney

APPROVED AS TO AVAILABILITY
OF FUNDING:
_____________________________
Finance Authorization

TKE Engineering, Inc., a California corporation
(“CONSULTANT”)
By: _______________________________
Michael Thornton/ CEO
Dated: __________________, 2025
By: ____________________________
Terry Renner/ CFO
Dated: __________________, 2025
242
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:

Construction Management Services, including:

1. Prior to the City issuing Notice to Proceed for construction of the facilities, the Consultant shall review the construction documents and prepare a “constructability review” which identifies potential conflicts, errors and omissions within the construction documents. Prepare a written report that summarizes the findings and recommendations to minimize risks and costs of change orders. (Not more than 10 hours.)

2. Conduct the pre-construction conference, prepare and distribute meeting minutes.

3. Administer, coordinate and conduct on-site observation of the work in progress, with the intent of having the contractor complete the project in accordance with the contract plans and specifications. This includes overall responsibility for inspection and deputy inspection services provided by a construction inspector.

4. Receive and monitor the contractor’s shop drawings/submittals, and route to the Design Engineer for review and approval, and back to the contractor. However, Consultant shall review and comment on and approve only submittals that are clearly in conformance with the project Specifications.

5. Receive and monitor the Contractor’s Request for Clarifications/Information and route to the Design Engineer for review and approval, and back to the contractor. However, Consultant shall review and comment on and approve only submittals that are clearly in conformance with the project Specifications.

6. Document and report to the City whenever the work is unsatisfactory, faulty or defective or does not conform to the Contract Documents; has been damaged; does not meet the requirements of the inspections, tests or approvals required to be made; and advise the City when Consultant believes that the work should be uncovered for observation, special testing and/or inspection.

7. Review laboratory, shop, mill test reports, and certifications of material and equipment for quality control.

8. Develop support data for use in the evaluation of potential claims and change orders.

9. Review the contractor’s construction schedules.

10. Prepare and maintain construction files in compliance with the City’s requirements and best practices.

11. Conduct and record meetings with the City and/or Design Engineer/Architect as necessary. 243
12 55452.01100\31193624.5

12. Evaluate, confirm and prepare progress pay requests, including quantity estimates; and submit them to the City for approval and processing.

13. Coordinate all work with applicable utility companies, except where the Contractor is responsible for that obligation.

14. Perform final inspection with representatives of the City, and/or Design Engineer and Contractor and provide recommendations relative to project acceptance.

15. Periodically review Contractor’s “Record Drawings” and provide the “originals” to the City upon completion of the project.

16. Observe, record and report appropriate details relative to all test procedures.

17. Prepare and negotiate Contract Change Orders with the contractor. Prepare Contract Change Order justification. Evaluate Contractor claims and make recommendations to the City’s Contract Administrator as to acceptance/rejection.

18. Maintain all necessary construction records including, but not limited to:
 Construction Meeting Minutes
 Progress Pay Request Records
 Contract Change Order Records
 Quality Control Test Lots
 Photographic Log
 RFI, Submittal and Clarification Logs
 Conduct Weekly Construction Meetings
 Warranty documentation
 Documentation of City Staff Training Activities
 Equipment O & M manuals
 Documentation required by the City of San Clemente SCADA and Electrical Standards (attachment C)
 Inspection services reports, photo and video files and construction correspondence  Provide a Final Punch List and follow up inspection

19. Maintain daily contact with the City’s Contract Administrator throughout the construction period, as needed.

20. Via a letter to the City’s Project Manager, recommend the timely filing of the Notice of Completion to the City.
244
13 55452.01100\31193624.5
Construction Inspection Services, including:

1. Attend all construction related meetings, including:
a. Pre-construction
b. Weekly progress

2. Daily inspection services
a. Ensure the project is constructed per the plans, specifications, shop drawings and change orders.
b. Provide daily report including photographs documenting the contractors’ activities, personnel and equipment onsite, and materials delivered and installed. c. Provide photo and video documentation of site conditions and activities. d. Documentation of the materials and equipment meeting the project construction documents and shop drawing submittals.
e. Report any contract non-compliance activities immediately to the Construction Manager and coordinate corrective activities with the contractor. 245
14 55452.01100\31193624.5
EXHIBIT "B"

SCHEDULE OF SERVICES
Consultant shall diligently perform the services to the City’s satisfaction according to the timetable requested by the City.
246
15 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. Not applicable.
.
247
16 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 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 248
17 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.

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 249
18 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.
250
19 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 and within the following budget:

Rates:

Principal in Charge $190 /HR
Construction Manager $180 /HR
Project Engineer $170 /HR
Resident Specialty Inspector $140 /HR
Clerical $95 /HR
The following fee schedule is for Calle Real Pump Station Rehabilitation Project only. 251
20 The following fee schedule is for Reeves Booster Pump Station Project only.

TOTAL COMPENSATION SHALL NOT EXCEED: $564,316.00
There are no reimbursable expenses under this Agreement. 252
21 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.
(Signature on following page)
253
22 Dated: ________________________, 20____
_ TKE Engineering, Inc._
(“CONSULTANT”)
By: ________________________________________
________________________________________
Title
________________________________________
Address
________________________________________
254
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256
257
258
259
260
261
262
263
264
265
266
267
268
269
270
271
272
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275
276
SECTION 4 I PROJECT ORGANIZATION AND STAFFING F'Jgt-' 121 ll<E
implementation of a temporary pump station for interim service. Mr.

Counce provided daily inspection and monitoring to ensure construction of the project was in accordance with the approved plans and specifications.
• CV Sync Traffic Signal Synchronization, City of Palm Desert - Mr. Counce serves as the Public Works/Electrical Inspector assisting in oversight of all construction activities for Phase 1 of the CV Sync project (Formerly CVAG TSSPP). This work involves plan review, coordination of construction scheduling, invoicing field work, local agency procedures and more. As the Local Agency inspector, Mr. Counce ensures adherence with applicable State and Federal requirements requiring familiarity with the CAMUTCD, Caltrans Standard Plans, Caltrans Construction Manual, Local Agency Procedures Manual and other applicable standards and documents.
• Berg Electric Loma Linda University Medical Center, City of Loma Linda - Mr. Counce served as a Certified Electrician on LLUMC 10-year capitalimprovement program that addressed not only HVAC, ADA and seismic upgrades, but also space needs into the future. Berg Electric has supported LLUMC in its current construction of the $823 million-dollar, tallest hospital in California, standing at 267 feet above ground, with 17 total stories (16 above ground), and the tallest building in San Bernardino County.
• Berg Electric, Indian Wells - Mr. Counce served as a Certified Electrician on Indian Wells Tennis Garden stadium renovation which required over 100,000-man hours from Berg Electric within a nine-month period.

Additionally, a 200-person hospitality room, Front Box Club, satellite broadcast studio, fitness center, and club pro shop also made their debut for the 2017 BNP Paribas Open. Other renovations worth noting include a brand-new media room, two-story office building for tournament management and staff, and additional commissaries to accommodate the new concessions.
• Berg Electric, City of San Bernardino - Mr. Counce served as a Certified Electrician on economic stimulus-related "green" projects. Install new or upgrade existing systems and equipment at major college facilities to achieve energy conservation goals.

RFP I Reeves Booster Pump Station and Calle Real Pump Station Rehabilitation Projects CM & Inspection Services City of San Clemente 277
278
279
280
281
282
283
SECTION 7 I COST DATA
Page I 28
I SECTION 7 COST DATA
City of San Clemente
Reen·s Booster Pump Station and Calle Real Pump Station Rehabilitation Projects Construction :Management & Inspection Services
Task No. Task
Scope of Senices
Task 1
Task 2
Task3
Task4
Task5
Task6
Task i
Task8
Construction Management \Vork Plan
Quality Assurance/Quality Conu-ol
Project Coordination
Pre-and Post-Project Photo and Video Documentation
Maintain Document M=gement System
Communication and Correspondence
Consn·uction Schedule Re,;ew and Monitoring
Submittal Review and Management
Task 9 Consn.1ction Monitoring. Observation. Inspection. and Testing!> Task JO NPDES Comphance
Task 11 Request for Infonnmion (RFI) Management
Task 12 Change Order (CO) Management
Task 13 Management of Progress Payments
Task 14 Claims and Disputes Re";ew
Task 15 Project Closeout Coordination
Task 16 Record Drawings Re";ew
R.1tes:

Pri.ncipalu1 Charge 'S
Cons tn1ctiou J\.lan3 gt:r s
Project_Engineer s
Resiaenr. Specialty Inspector s
Clerical s
190
180
170
140
95 'HR
HR
/HR
/HR
/HR
Subtotal:

Consulting EnginE'ering FE'E'
Principle In Charge
How·s S
4 4
s
4 12
s
s
12 8
s
s
$
$
$
$
s
s
$
$
s
$
$
s
s
s
760
760

1.520
760

2.280

1.520

2.2S0
J.520
68 $ 12.920
Constn1ction Manager
Hours $
8 s 1.440
12 $ 2.160
64 $ 11.520
4 s 720
s $ 1.440
16 $ 2.8S0
s $ 1.440
40 $ 7.200
16 $ 2.SS0
8 $ 1.440
20 s 3.600
16 $ 2.880
16 s 2.8S0
24 s 4.320
12 s 2.160
12 s 2.160
284 s 51.120
Project Engineer
Hours $
16 s 2.720
24 $ 4.0S0
128 s 21.760
12 $ 2.040
16 $ 2.720
32 s 5.440
16 $ 2.720
120 $ 20.400
32 s 5.440
16 $ 2.720
40 s 6.800
32 $ 5.440
16 s 2.720
32 s 5.440
24 $ 4.080
24 s 4.0S0
580 s 9S.600
Resident Inspector /
Specialty Inspector
Hom·s S
12 2400
8 s
16 so
16 2.540
s
s
s
s
s
s
s
$
s
s
s
s
s
s
s
s
$

1.680
336.000

1.120

2.240

11.200

2.240
355.600
Cle,;cal
Hours $
s $
12 s
64 s
8 s
24 s
16 s
8 s
60 $
16 s
8 s
20 s
16 s
16 $
12 $
12 s
12 s
760

1.140

6.080
760

2.2S0

1.520
760

5.700

1.520
760

1.900

1.520

1.140

1.140
312 s 29.640
Reimbursables (@3%{>,
s
s
s
s
s
s
$
s
s
s
s
s
s
s
s
$
$
s
Construction :\lauagemeut Total: S
'.\"otes:

1.) Rei.mbursables Include Cost for Piint.s. Copies. Mileage. Etc.

2.) Assmnes Cousn.1ction Period of 300 Working Days per the RFP

3.) Overnll CM Sen;oces Assumes Approximately 3 Hotu·s per Day for 360 Working Days per the RFP Total
$

5.680

8.140

39.360

5.200

6.440

11.360

5.680

35.580
345.S40

4.920

14.940

12.480

9.360

13.1S0

20.100

9.620
547.S80

16.436
'-6-UI6
TKE Engineering, Inc.
lKE . ..;.R�F�Pl:..;.;R_ ee�v.e�s�B�o�o�s�t�e� � r�P�u�m�pc:....;.S�ta �t�io�n.;.,,;.a.n.d.c. a.11re_R�e�a-l P_u__m�p--St_a_t _i o_n_R_e_ha_b_i_li_ta_t_io_n_P_ro�j�e.ct_s_c _M_&_1_n.sp_e_c_t_io_n_s_e_r_i vc_e_s ___________________ _ City of San Clemente
See next page for revised fee Schedule
for Calle Real Pump Station
Rehabilitation Project only.
284

MEMORANDUM
Date: January 8, 2026 Job# E000-2515
To: Amir Ilkhanipour, P.E.

Principal Civil Engineer
City of San Clemente
From: Joanna Rembis, P.E., Q.S.D.

Project/Construction Manager
TKE Engineering, Inc.

Subject: RFP – Reeves Booster Pump Station and Calle Real Pump Station Rehabilitation Projects CM & Inspection
Thank you for your time on the phone regarding the Calle Real and Reeves Pump Station Projects. Per the City’s request, TKE has divided the previously submitted fee schedule for providing Construction Management and Inspection services into two separate and equal fee schedules, addressing each project individually.

TKE understands that the City originally bid these projects simultaneously with the intent for construction to run concurrently. However, due to unforeseen circumstances requiring the Reeves Pump Station Project to be rebid, construction for the two projects will no longer proceed at the same time.

In accordance with the RFP, TKE based its proposal on providing one inspector whose time would be split evenly (50/50) between both projects. TKE remains committed to working with the City to minimize cost impacts associated with the revised schedule and proposes the following approach for construction management and inspection services:
• During initial project activities, such as contractor mobilization, demolition, and other early tasks that do not involve substantial construction, TKE’s inspector will be on-site as required, not to exceed four hours per day.
• As the contractor progresses into major construction activities, such as piping, foundations, pump cans, and similar work, TKE recommends full-time, on-site inspection to adequately monitor construction and ensure compliance with project requirements. • Work closely with City Staff and utilize as a resource to help support daily construction management duties.

TKE notes that, based on recent experience working with the awarded contractor on another pump station project, several issues were encountered where continuous on-site inspection was critical to identifying and correcting improper work and enforce the construction schedule. The 285
recommended inspection approach is intended to balance the City’s budget constraints while maintaining quality, compliance, and effective project oversight throughout construction.

TKE will continue to make every effort to manage inspection resources efficiently and remain within the proposed inspection hours. However, due to the projects no longer proceeding concurrently, there is the potential for additional inspector hours over the course of construction.

Should additional hours be required TKE will endeavor to reallocate unused construction management task hours to support field inspections prior to requestion a change order. 286
Total
Task No. Task Hours $ Hours $ Hours $ Hours $ Hours $ $ Scope of Services
Task 1 Construction Management Work Plan 2 $ 380 4 $ 720 8 $ 1,360 $ - 4 $ 380 $ 2,840 Task 2 Quality Assurance/Quality Control 2 $ 380 6 $ 1,080 12 $ 2,040 $ - 6 $ 570 $ 4,070 Task 3 Project Coordination $ - 32 $ 5,760 64 $ 10,880 $ - 32 $ 3,040 $ 19,680 Task 4 Pre-and Post-Project Photo and Video Documentation $ - 2 $ 360 6 $ 1,020 6 $ 840 4 $ 380 $ 2,600 Task 5 Maintain Document Management System $ - 4 $ 720 8 $ 1,360 $ - 12 $ 1,140 $ 3,220 Task 6 Communication and Correspondence 4 $ 760 8 $ 1,440 16 $ 2,720 $ - 8 $ 760 $ 5,680 Task 7 Construction Schedule Review and Monitoring 2 $ 380 4 $ 720 8 $ 1,360 $ - 4 $ 380 $ 2,840 Task 8 Submittal Review and Management 6 $ 1,140 20 $ 3,600 60 $ 10,200 $ - 30 $ 2,850 $ 17,790 Task 9 Construction Monitoring, Observation, Inspection, and Testing2.) $ - 8 $ 1,440 16 $ 2,720 1200 $ 168,000 8 $ 760 $ 172,920 Task 10 NPDES Compliance $ - 4 $ 720 8 $ 1,360 $ - 4 $ 380 $ 2,460 Task 11 Request for Information (RFI) Management 4 $ 760 10 $ 1,800 20 $ 3,400 4 $ 560 10 $ 950 $ 7,470 Task 12 Change Order (CO) Management 4 $ 760 8 $ 1,440 16 $ 2,720 4 $ 560 8 $ 760 $ 6,240 Task 13 Management of Progress Payments $ - 8 $ 1,440 8 $ 1,360 8 $ 1,120 8 $ 760 $ 4,680 Task 14 Claims and Disputes Review 6 $ 1,140 12 $ 2,160 16 $ 2,720 $ - 6 $ 570 $ 6,590 Task 15 Project Closeout Coordination 4 $ 760 6 $ 1,080 12 $ 2,040 40 $ 5,600 6 $ 570 $ 10,050 Task 16 Record Drawings Review $ - 6 $ 1,080 12 $ 2,040 8 $ 1,120 6 $ 570 $ 4,810 Subtotal: 34 $ 6,460 142 $ 25,560 290 $ 49,300 1,270 $ 177,800 156 $ 14,820 $ 273,940 Reimbursables (@3%)

1.)
: $ 8,218
Construction Management Total: $ 282,158
Rates: Notes:

Principal In Charge $ 190 /HR 1.) Reimbursables Include Cost for Prints, Copies, Mileage, Etc.

Construction Manager $ 180 /HR
Project Engineer $ 170 /HR
Resident/Specialty Inspector $ 140 /HR 3.) Overall CM Services Assumes Approximately 1.5 Hours per Day for 360 Working Days per the RFP Clerical $ 95 /HR
TKE Engineering, Inc.

2.) Assumes As-Needed Inspection Over the Construction Period of 300 Working Days per the RFP.

A 2-Hour minimum charge will occurr for an inspector arriving on site.

City of San Clemente
Calle Real Pump Station Rehabilitation Project
Construction Management & Inspection Services
Consulting Engineering Fee
Principle In Charge Construction Manager Project Engineer Resident Inspector /
Specialty Inspector Clerical
287
Total
Task No. Task Hours $ Hours $ Hours $ Hours $ Hours $ $ Scope of Services
Task 1 Construction Management Work Plan 2 $ 380 4 $ 720 8 $ 1,360 $ - 4 $ 380 $ 2,840 Task 2 Quality Assurance/Quality Control 2 $ 380 6 $ 1,080 12 $ 2,040 $ - 6 $ 570 $ 4,070 Task 3 Project Coordination $ - 32 $ 5,760 64 $ 10,880 $ - 32 $ 3,040 $ 19,680 Task 4 Pre-and Post-Project Photo and Video Documentation $ - 2 $ 360 6 $ 1,020 6 $ 840 4 $ 380 $ 2,600 Task 5 Maintain Document Management System $ - 4 $ 720 8 $ 1,360 $ - 12 $ 1,140 $ 3,220 Task 6 Communication and Correspondence 4 $ 760 8 $ 1,440 16 $ 2,720 $ - 8 $ 760 $ 5,680 Task 7 Construction Schedule Review and Monitoring 2 $ 380 4 $ 720 8 $ 1,360 $ - 4 $ 380 $ 2,840 Task 8 Submittal Review and Management 6 $ 1,140 20 $ 3,600 60 $ 10,200 $ - 30 $ 2,850 $ 17,790 Task 9 Construction Monitoring, Observation, Inspection, and Testing2.) $ - 8 $ 1,440 16 $ 2,720 1200 $ 168,000 8 $ 760 $ 172,920 Task 10 NPDES Compliance $ - 4 $ 720 8 $ 1,360 $ - 4 $ 380 $ 2,460 Task 11 Request for Information (RFI) Management 4 $ 760 10 $ 1,800 20 $ 3,400 4 $ 560 10 $ 950 $ 7,470 Task 12 Change Order (CO) Management 4 $ 760 8 $ 1,440 16 $ 2,720 4 $ 560 8 $ 760 $ 6,240 Task 13 Management of Progress Payments $ - 8 $ 1,440 8 $ 1,360 8 $ 1,120 8 $ 760 $ 4,680 Task 14 Claims and Disputes Review 6 $ 1,140 12 $ 2,160 16 $ 2,720 $ - 6 $ 570 $ 6,590 Task 15 Project Closeout Coordination 4 $ 760 6 $ 1,080 12 $ 2,040 40 $ 5,600 6 $ 570 $ 10,050 Task 16 Record Drawings Review $ - 6 $ 1,080 12 $ 2,040 8 $ 1,120 6 $ 570 $ 4,810 Subtotal: 34 $ 6,460 142 $ 25,560 290 $ 49,300 1,270 $ 177,800 156 $ 14,820 $ 273,940 Reimbursables (@3%)

1.)
: $ 8,218
Construction Management Total: $ 282,158
Rates: Notes:

Principal In Charge $ 190 /HR 1.) Reimbursables Include Cost for Prints, Copies, Mileage, Etc.

2.) Assumes As-Needed Inspection Over the Construction Period of 300 Working Days per the RFP.

A 2-Hour minimum charge will occurr for an inspector arriving on site.

City of San Clemente
Reeves Booster Pump Station Project
Construction Management & Inspection Services
Consulting Engineering Fee
Principle In Charge Construction Manager Project Engineer Resident Inspector /
Specialty Inspector Clerical
288
289
290
291
292
293
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING

CITY OF SAN CLEMENTE
Meeting Date: November 4, 2025 Agenda Item: 11F.

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

CONSIDERATION OF A RESOLUTION AWARDING A CONSTRUCTION CONTRACT TO RE CHAFEE CONSTRUCTION, INC. FOR THE CALLE REAL PUMP STATION REHABILITATION, CIP PROJECT NO. 19516, AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT WITH RE CHAFEE CONSTRUCTION, INC. IN THE AMOUNT OF NOT TO EXCEED $2,528,600, AND FINDING THE PROJECT CATEGORICALLY EXEMPT FROM THE CALIFORNIA ..body ENVIRONMENTAL QUALITY ACT
Fiscal Impact:

The estimated total construction cost of $2,988,600 is within the approved budget amount of $5,066,700, from Account No. 052-466-45300-000-19516, Calle Real Pump Station, Water Fund Depreciation Reserve.

Summary:

Before the City Council is the award of a construction contract to RE Chafee Construction, Inc. (Attachment 2) for the Calle Real Pump Station Rehabilitation, in an amount not to exceed $2,528,600.

The pump station was constructed in the early 1960s and is in need of upgrades. This project will also allow the City to efficiently abandon Reservoir 6 which has reached the end of its useful life and connect to Reservoir 10 which will allow for increased redundancy within the two service zones.

Background:

The Calle Real Pump Station (Station) was constructed in the early 1960s and is in need of upgrades. The proposed upgrades will allow the City to efficiently abandon the existing Reservoir 6, which has reached the end of its useful life. The City has already completed the construction of the interconnecting 12-inch water pipeline from Reservoir 10 to the Calle Real Pump Station to 1 RAMBLAS

PROJECT SITE
Attachment 3
294
Meeting Date: November 4, 2025 Agenda Item: 11F.

CITY OF SAN CLEMENTE
bypass Reservoir 6. These upgrades will improve the system reliability in both the Reservoir 6 and 10 zones by providing an interconnection between the systems.

The project includes removal and replacement of the existing mechanical and electrical equipment, upgrade electrical service to the site, new vertical turbine pumps, suction and discharge piping, valves, new instrumentation, architectural improvements to the building structure, and commissioning.

City staff prepared a bid package for the rehabilitation project, contacted local contractors and advertised the project for competitive bidding on the PlanetBids website and in the San Clemente Times. Seven bids were received on September 26, 2025, ranging from $2,528,600 to $3,829,038, as shown on the table below. No local contractors provided a bid. The lowest responsive and responsible bidder is RE Chaffee Construction, Inc.

Vendor Name City Bid
Amount
RE Chaffee Construction, Inc. Wrightwood $2,528,600
Big Ben Engineering Irvine $2,583,701
US Builders & Consultants, Inc. Irvine $2,744,800
Mmc, Inc. La Palma $2,814,000
HPS Mechanical, Inc. Bakersfield $3,201,870
GMZ Engineering, Inc. Westlake Village $3,418,800
Houalla Enterprises, Ltd. Newport Beach $3,829,038
Staff is in the process of preparing requests for proposals (RFP) for engineering construction support services during construction, and construction management and inspection services for the project. Upon selection of consultants for these tasks, staff will return to the City Council for 2 -~
~ ~ . rt __ __ ___ f

I ,,, I

PROPOSED IIIPROVEIIENTS EAST ELEVA I/ON
295
Meeting Date: November 4, 2025 Agenda Item: 11F.

CITY OF SAN CLEMENTE
award recommendations at a later time. As for placeholders, $140,000 and $320,000, respectively, is considered in the estimated construction costs.

Based on the lowest bid from RE Chaffee Construction, Inc., and other construction costs, the total estimated project construction cost is summarized below.

Construction Support Services by a Consultant $ 140,000 Construction Management and Inspection 320,000
Construction Contract 2,528,600
Total Estimated Construction Costs $2,988,600
As required by state law and City policy, the contractor, RE Chaffee Construction, Inc., will be required to provide performance and payment bonds simultaneously with execution of the construction contract (Attachment 2). Project plans and specifications are on file in the City Clerk’s office.

Council Options:
 Adopt Resolution No. 25-170 (Attachment 1), awarding a construction contract to RE Chaffee Construction, Inc. for construction of Calle Real Pump Station Rehabilitation and authorizing the City Manager to execute a construction contract in an amount of not to exceed $2,528,600, and finding the project categorically exempt from CEQA.  Modify and adopt Resolution No. 25-170.
 Continue the item and direct staff to provide additional information.  Do not adopt Resolution No. 25-170 and put the project on hold.

Environmental Review/Analysis:

This project is categorically exempt from the California Environmental Quality Act (CEQA) under Class 2 of the State CEQA Guidelines, Section 15302 – Replacement of Existing Facilities, since it consists of replacement and updating the existing components of the Station within the same site and having substantially the same purpose and functionality.

Recommended Actions:

Staff recommends that the City Council adopt Resolution No. 25-170, which will:
..recommendation

1. Find the Calle Real Pump Station Rehabilitation, CIP Project No. 19516, categorically exempt from the California Environmental Quality Act (CEQA) under Class 2 of the State CEQA Guidelines, Section15302;

2. Award the Calle Real Pump Station Rehabilitation, CIP Project No. 19516, construction contract to RE Chaffee Construction, Inc. as the lowest responsible and responsive bidder; and
2963
Meeting Date: November 4, 2025 Agenda Item: 11F.

CITY OF SAN CLEMENTE

3. Authorize the City Manager to execute a construction contract with RE Chaffee Construction, Inc., in the amount of not to exceed $2,528,600, in a form substantially similar to Contract No.

C25-55 (Attachment 1).
..end
Attachments:

1. Resolution No. 25-170

2. Construction Contract with RE Chaffee Construction, Inc. (w/o attachments) Notification:

All Bidders
2974
Attachment 1
RESOLUTION NO. 25-170

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, AWARDING A

CONSTRUCTION CONTRACT TO RE CHAFEE
CONSTRUCTION INC. FOR THE CALLE REAL PUMP
STATION REHABILITATION, CIP PROJECT NO. 19516,

AND AUTHORIZING THE CITY MANAGER TO EXECUTE
THE CONTRACT WITH RE CHAFEE CONSTRUCTION INC.

IN THE AMOUNT OF NOT TO EXCEED $2,528,600.

WHEREAS, the Calle Real Pump Station was constructed in the early 1960’s and is in need of upgrades which will allow the City to efficiently abandon the existing Reservoir 6 which has reached the end of its useful life; and WHEREAS, this is the last phase to improve system reliability between Reservoir 6 and 10 zones; and
WHEREAS, City Staff advertised the project for competitive bidding and on September 26, 2025, seven bids were received, of which none were local bidders; and WHEREAS, City staff reviewed the bids and identified the lowest responsive and responsible bidder to be RE Chaffee Construction, Inc.; and NOW, THEREFORE, the City Council of the City of San Clemente does hereby find, determine and resolve as follows:

SECTION 1. Recitals. The above recitals are considered findings by the City Council and incorporated into the body of this resolution.

SECTION 2. Find the Calle Real Pump Station Rehabilitation, CIP Project No. 19516, categorically exempt from the California Environmental Quality Act (CEQA) under Class 2 of the State CEQA Guidelines, Section 15302.

SECTION 3. Award the Calle Real Pump Station Rehabilitation, CIP Project No. 19516, construction contract to RE Chaffee Construction, Inc. as the lowest responsible and responsive bidder.

SECTION 4. Authorize the City Manager to execute a construction contract with RE Chaffee Construction, Inc., in an amount not to exceed $2,528,600, in a form substantially similar to Contract No. C25-55.

SECTION 5. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. 2985
Resolution No 25-170 Page 2
PASSED AND ADOPTED this day of , 2025.

ATTEST:

City Clerk of the City of Steve Knoblock, Mayor of the
San Clemente, California City of San Clemente, California

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 25-170 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
2996
Attachment 2
SECTION 00500

CONTRACT
THIS CONTRACT is made this _____ day of _________, 2025, in the County of Orange, State of California, by and between the City of San Clemente hereinafter called City, and RE Chaffee Construction, Inc., hereinafter called Contractor. City and the Contractor for the considerations stated herein agree as follows:

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

CALLE REAL PUMP STATION REHABILITATION
The Contractor and its surety shall be liable to City for any damages arising as a result of the Contractor’s failure to comply with this obligation.

ARTICLE 2. TIME FOR COMPLETION. The Work shall be commenced on the dates stated in City’s Notice to Proceeds. The project will have two Notice to Proceeds (NTP’s): the 1st NTP to begin administrative work (shop drawing submittals, material procurement, etc.), and the 2nd NTP to begin mobilization and site work. The 2nd NTP shall not occur later than 60 working days after the 1st NTP. The Contractor shall complete all Work required by the Contract Documents within 300 working days from the commencement date stated in the 2nd Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work.

ARTICLE 3. CONTRACT PRICE. City shall pay to the Contractor as full compensation for the performance of the Contract and the Work, which includes everything that is reasonably foreseeable related thereto, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of Two Million, Five Hundred Twenty Eight Thousands and Six Hundred Dollars ($2,528,600). Payment shall be made as set forth in the General Conditions.

ARTICLE 4. LIQUIDATED DAMAGES/EARLY COMPLETION INCENTIVE. In accordance with Government Code section 53069.85, it is agreed that the Contractor will pay City the sum of $1,000 for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event that Liquidated Damages are not paid, the Contractor agrees City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Article does not exclude recovery of other damages specified in the Contract Documents. 3007
55452.01510\32905704.2
2 ARTICLE 5. COMPONENT PARTS OF THE CONTRACT. The “Contract Documents” include the following:

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

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

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

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

IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and year above written.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed on the respective dates set forth opposite of their signatures. 3018
55452.01510\32905704.2
3 CITY OF SAN CLEMENTE
By:________________________________
Andy Hall, City Manager
ATTEST: Dated: __________________, ______
____________________________
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
RE Chaffee Construction Inc.
__________________________
(“CONTRACTOR”)
By:_____________________________
Ronald E. Chaffee Jr., CEO / CFO
Dated: __________________, ______
By:_____________________________
Jessica R. Chaffee, Secretary
Dated: __________________, ______

END OF CONTRACT
3029
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: February 3, 2026 Agenda Item: 11G.

Submitted By: Public Works
Prepared By: Jacob Ohana, Assistant Engineer
Subject:
..titl e

CONSIDERATION OF A RESOLUTION AWARDING A CONSTRUCTION CONTRACT TO

TORRES SANITATION SYSTEMS CONSTRUCTION FOR THE CATCH BASIN AND STORM DRAIN IMPROVEMENTS AT AVENIDA PRESIDIO AND CALLE MIGUEL, CIP PROJECT NO. 12003, AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONSTRUCTION CONTRACT IN AN AMOUNT NOT TO EXCEED $465,150, AND FINDING THE PROJECT CATEGORICALLY ..body EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT Fiscal Impact:

The total estimated construction cost is $533,730, which is within the available approved budget amount of $567,612 from the Local Drainage Facilities Fund, Catch Basin and Storm Drain Improvements at Avenida Presidio and Calle Miguel, Account Number 033-834-45000-000- 12003.

Summary:

The City Council is being asked to consider adoption of a Resolution (Attachment 1) awarding a construction contract to Torres Sanitation Systems Construction for the Catch Basin and Storm Drain Improvements at Avenida Presidio and Calle Miquel, in an amount not to exceed of $465,150 (Attachment 2).

The existing storm drain system at the intersection of Calle Miguel and Avenida Presidio, consisting of catch basins and storm drain lines, does not have sufficient capacity, as shown below. The proposed project will upgrade the system.

Location Map Storm Runoff in Ave. Presidio
303
Meeting Date: February 3, 2026 Agenda Item: 11G.

CITY OF SAN CLEMENTE 2
Background:

The drainage system at the intersection of Calle Miguel and Avenida Presidio was initially constructed in 1972 during the development of Tract 4822. The system consists of four catch basins, lateral pipelines, and a 24-inch reinforced concrete pipe as the primary drainage pipeline.

Rainfall events consistently exceed the capacity of the downstream catch basins located at this intersection, as shown in the photo above. By upgrading the drainage system, the roadway can be more effectively drained during heavier rain events, protecting automobiles, pedestrians, and adjacent properties from potential flooding and other adverse events.

The project’s base bid consists primarily of the demolition and reconstruction of two undersized catch basins with new, larger catch basins sized 7 feet and 21 feet long. The alternative project items include the construction of a third catch basin, 10 feet long, to augment the drainage system’s intake capacity, the demolition of the existing 24-inch reinforced concrete pipe, and the installation of a new, larger 30-inch reinforced concrete pipe to further increase the drainage system's capacity.

Staff notified local contractors and advertised the project for competitive bidding on PlanetBids website and in the San Clemente Times. On December 9, 2025, the City received seven bids (with one local bidder). The lowest bidder, Global Builders, Inc., withdrew its bid pursuant to Section 5103 of the Public Contract Code due to mistakes made, which made the bid materially different than what Global Builders, Inc. intended, and the City was given written notice within five working days of the bid opening regarding the mistake (Attachment 3).

A bid from local contractor GCI Construction, Inc. was received for this project, and the City’s Local Preference policy was applied to GCI’s base bid amount since the Notice Inviting Bids stated the project will be awarded to the lowest responsible bidder based on the base bid. After applying the City’s local preference policy, the lowest responsive and responsible bidder (based on the base bid) was found to be Torres Sanitation Systems Construction. The base bids and totals are shown in the table below:

Vendor Name City Base Bid
Amount
Base Bid and
Alternate
Global Builders, Inc. Laguna Hills,
CA $198,888 $282,718.00
Torres Sanitation Systems
Construction South Gate, CA $296,150 $465,150.00
GCI Construction, Inc. San Clemente,
CA $344,275 $465,575.00
PALP dba EXCEL Long Beach, CA $371,320 $466,870.00
Wright Construction
Engineering Corp. San Marcos, CA $360,200 $508,200.00
Bosco Constructors, Inc. Chatsworth, CA $495,321.92 $590,510.08 Oppenheimer National San Juan
Capistrano, CA $494,877.50 $645,677.50
304
Meeting Date: February 3, 2026 Agenda Item: 11G.

CITY OF SAN CLEMENTE 3
City staff is recommending the inclusion of the bid alternatives since there is available funding to complete the additional recommended work, which will further improve drainage during storm events. Based on the lowest Base Bid plus the Alternate Bid, the total estimated project construction cost is summarized below:

Construction Management and Inspection $ 68,580
Construction Contract 465,150
Total Estimated Construction Cost $ 533,730
As required by state law and City policy, the contractor will be required to provide performance and payment bonds simultaneously with execution of the construction contract. Project plans and specifications are on file in the City Clerk’s office.

Council Options:
 Adopt Resolution No. 26-24 (Attachment 1), awarding Catch Basin and Storm Drain Improvements at Avenida Presidio and Calle Miguel to Torres Sanitation Systems Construction; authorizing the City Manager to execute a construction contract in an amount not to exceed $465,150; and finding the project categorically exempt from the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities, 14 CCR section 15301) of the State CEQA Guidelines.
 Modify and adopt Resolution No. 26-24.
 Continue the item and direct staff to provide additional information.  Do not award the contract or construct the Catch Basin and Storm Drain Improvements at Avenida Presidio and Calle Miguel project.

Environmental Review/Analysis:

This project is categorically exempt from the California Environmental Quality Act (CEQA) as it pertains to the minor alterations of the already existing drainage facilities under Class 1 of the state CEQA Guidelines, Section 15301 – Existing Facilities. A notice of exemption will be filed for this project.

Recommended Actions:
..recommendation
Staff recommends that the City Council adopt Resolution No. 26-24, which will:

1. Find the Catch Basin and Storm Drain Improvements at Avenida Presidio and Calle Miguel, CIP Project No. 12003, are categorically exempt from the CEQA under Class 1 (Existing Facilities, 14 CCR section 15301) of the State CEQA Guidelines; and

2. Award a contract to Torres Sanitation Systems Construction as the lowest responsive and responsible bidder based on the base bid, for Catch Basin and Storm Drain Improvements at Avenida Presidio and Calle Miguel, CIP Project No. 12003; and 305
Meeting Date: February 3, 2026 Agenda Item: 11G.

CITY OF SAN CLEMENTE 4

3. Authorize the City Manager to execute a contract with Torres Sanitation Systems Construction, in an amount not to exceed $465,150, in a form substantially similar to Contract No. C26-14 (Attachment 2).
..end
Attachments:

1. Resolution No. 26-24

2. Contract No. C26-14 (without attachments)

3. Bid withdrawal request from Global Builders, Inc.

Notification:

All Bidders.
306
Attachment 1
4882-9904-3949 v1
RESOLUTION NO. 26-24

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, AWARDING A

CONSTRUCTION CONTRACT TO TORRES SANTITATION

SYSTEMS CONSTRUCTION FOR THE CATCH BASIN AND

STORM DRAIN IMPROVEMENTS AT AVENIDA PRESIDIO
AND CALLE MIGUEL, CIP PROJECT NO. 12003;

AUTHORIZING THE CITY MANAGER TO EXECUTE THE
AGREEMENT IN AN AMOUNT NOT TO EXCEED $465,150

AND FINDING THE PROJECT CATEGORICALLY EXEMPT

FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
(CEQA) UNDER CLASS 1 (EXISTING FACILITIES, 14 CCR
SECTION 15301) OF THE STATE CEQA GUIDELINES
WHEREAS, the current drainage facilities located at the intersection of Calle Miguel and Avenida Presidio have been found to be in need of upgrades to provide improved drainage capacity to clear the roadway of excess water to improve the protection of safety and property; and
WHEREAS, a design was completed to upgrade the storm drain system and formal competitive bidding was performed for the project; and
WHEREAS, on December 9, 2025, the City received seven responsive base bids including one from a local contractor ranging in amounts from $198,888 to $494,877.50; and
WHEREAS, the lowest responsive bidder, Global Builders, Inc. withdrew its bid pursuant to Section 5103 of the Public Contract Code, thus the next lowest responsive bidder based on the base bid was Torres Sanitation Systems Construction after applying the City’s local preference to the local bidder’s base bid amount; and WHEREAS, including the bid alternates in this contract is in the best interests of the City and the public due to available funding and the need to further improve drainage in the area.

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 Catch Basin and Storm Drain Improvements at Avenida Presidio and Calle Miguel, Project No. 12003, is categorically exempt from the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities, 14 CCR section 15301) of the State CEQA Guidelines.

SECTION 3. That the construction contract for the Catch Basin and Storm Drain 307
Resolution No. 26-24 Page 2
4882-9904-3949 v1
Improvements at Avenida Presidio and Calle Miguel, CIP Project No. 12003, is hereby awarded to Torres Sanitation Systems Construction as the lowest responsive and responsible bidder, based on the “Base Bids.”
SECTION 4. That the City Manager is authorized and directed to execute a construction contract with Torres Sanitation Systems Construction in an amount not to exceed $465,150 for the Catch Basin and Storm Drain Improvements at Avenida Presidio and Calle Miguel, Project No. 12003 in a form substantially similar to that presented to City Council on January 20, 2026.

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

PASSED AND ADOPTED this _____ day of ____________________, 2026.

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. 26-24 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:

CONTRACT
SECTION 00500

CONTRACT
THIS CONTRACT is made this _____ day of _________, 2025, in the County of Orange, State of California, by and between the City of San Clemente hereinafter called City, and Torres Sanitation Systems Construction, hereinafter called Contractor. City and the Contractor for the considerations stated herein agree as follows:

CATCH BASIN AND STORM DRAIN IMPROVEMENTS AT AVENIDA PRESIDIO AND CALLE MIGUEL, PN 12003
The Contractor and its surety shall be liable to City for any damages arising as a result of the Contractor’s failure to comply with this obligation.

ARTICLE 2. TIME FOR COMPLETION. The Work shall be commenced on the date stated in City’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within FOURTY-FIVE (45) working days from the commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work.

ARTICLE 3. CONTRACT PRICE. City shall pay to the Contractor as full compensation for the performance of the Contract and the Work, which includes everything that is reasonably foreseeable related thereto, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of Four Hundred Sixty-Five Thousand, One Hundred and Fifty Dollars ($465,150). Payment shall be made as set forth in the General Conditions.

ARTICLE 4. LIQUIDATED DAMAGES/EARLY COMPLETION INCENTIVE. In accordance with Government Code section 53069.85, it is agreed that the Contractor will pay City the sum of Two Thousand Dollars ($2000) for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event that Liquidated Damages are not paid, the Contractor agrees City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Article does not exclude recovery of other damages specified in the Contract Documents.

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

Notice Inviting Bids
Attachment 2
310
SECTION 00500

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

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

ARTICLE 8. PREVAILING WAGES. Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates shall be made available at City Clerk’s Office or may be obtained online at http//www.dir.ca.gov/dlsr. and which must be posted at the job site.
311
SECTION 00500

CONTRACT
IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and year above written.

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

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

APPROVED AS TO AVAILABILITY
OF FUNDING:
_____________________________
Finance Authorization

__________________________
(“CONTRACTOR”)
By:_____________________________
Alexandro Torres, SOLE OWNER
Dated: __________________, 20____

END OF CONTRACT
312
Attachment 3
313
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: February 3, 2026 Agenda Item: 11H.

Submitted By: Finance and Administrative Services
Prepared By: Brian Brower, Assistant City Manager
Subject:
..titl e
CONSIDERATION OF RESOLUTION NO. 26-25 AUTHORIZING AN EXEMPTION TO THE

FORMAL SOLICITATION PROCESS, AWARDING AND APPROVING A SERVICE

EXTENSION IN ACCORDANCE WITH THE EXISTING MASTER SUBSCRIPTION AGREEMENT WITH GRANICUS, INC. FOR THE GRANICUS LEGISLATIVE MANAGEMENT

SYSTEM AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT EXTENSION IN AN AMOUNT NOT TO EXCEED $1 ..body13,961 OVER A THREE-YEAR TERM Fiscal Impact:

The cost of the agreement extension is not to exceed $113,961 over three years. The Year-One cost is within the Fiscal Year 2025-26 Adopted Budget in General Fund account number 001-131- 43456. Future year costs will be addressed through the regular budget process.

Summary:

Since 2022, the City has successfully utilized the Granicus Legislative Management System (Granicus) to support the processes managed by the City Clerk, automating the City’s functions related to the conduct of public meetings and City legislative processes. The current agreement is due to expire at the end of March, 2026.

Resolution No. 26-25 would award, approve, and authorize the City Manager to execute an update to the existing Master Subscription Agreement (Agreement) with Granicus, LLC for continued use of the Granicus system for a total cost not to exceed $113,961 over a three-year term. The Resolution would also authorize the City Manager to execute future agreements for continued use of the service with a maximum 5% cost increase for subsequent years.

City Policy 201-2-1, Section XI.A.1.1.2 allows an exemption to the formal solicitation process when the City Council determines by resolution that compliance with the bidding requirements and procedures is inefficient, impractical, or not in the best interest of the City based on specifically identified conditions and supported by substantial evidence in the record. In this case, extending the relationship with the current service provider will maintain continuity of operations for both residents and City staff, and avoid significant direct costs and/or staff resources related to onboarding, implementation, configuration and training on a new system.

Finally, to accommodate recent changes in the implementation of the Brown Act to allow additional electronic participation, the Granicus platform includes products that will result in a better experience for those choosing to participate remotely. 314
Meeting Date: February 3, 2026 Agenda Item: 11H.

CITY OF SAN CLEMENTE 2
Background:

On December 17, 2019, the City Council awarded a Master Subscription Agreement to Granicus, LLC for the implementation of the Granicus Legislative Management system after a formal Request for Proposal (RFP) process. The Granicus system was successfully implemented and went live in September of 2022.

Under the current agreement, the City is required to pay an all-inclusive annual subscription fee for continued use of the system. With the agreement expiring on March 23, 2026, Granicus has provided a proposal to extend services for an additional three years. Pricing under the extension is shown in the table below:

Year 1 $34,429.04
Year 2 $37,871.95
Year 3 $41,659.14
3 Year Total $113,960.13
As part of its information technology practices, the City maintains ongoing agreements for software-as-a-service (SAAS) subscriptions and technical support for software systems that are critical to City operations. These agreements enable continued use of the software, provide access to updates for functionality and security, and ensure technical support in the event of system instability or failure. Expenditures for Granicus system are funded in the current year in General Fund account number 001-131-43456. Future year expenditures will be funded through the annual budget process.

Council Options:
 Adopt Resolution No. 26-25, authorizing an exemption to the formal solicitation process, awarding and approving an extension under the Master Subscription Agreement with Granicus, LLC for the Granicus Legislative Management System, authorizing the City Manager to execute the agreement extension in an amount not to exceed $113,961 over a three-year term, and authorizing the City Manager to execute future agreement extensions provided the annual increase in subscription fees does not exceed 5% per year.  Modify and adopt Resolution No. 26-25.
 Continue the item with direction to provide additional information.  Do not adopt Resolution No. 26-25.

Environmental Review/Analysis:

Not a “project” under the California Environmental Quality Act (CEQA). 315
Meeting Date: February 3, 2026 Agenda Item: 11H.

CITY OF SAN CLEMENTE 3
Recommended Actions:

Staff Recommendation ..recommendation
Adopt Resolution No. 26-25, which would:

1. Authorize an exemption to the formal solicitation process under City Policy 201-2-1, Section XI.A.1.1.2;

2. Award and approve a three-year extension under the Master Subscription Agreement with Granicus, LLC for the Granicus Legislative Management System;

3. Authorize the City Manager to execute the extension in an amount not to exceed $113,961 over a three-year term; and

4. Authorize the City Manager to execute future agreement extensions providing the annual increase in subscription fees does not exceed 5% per year. ..end
Attachment:

1. Resolution 26-25

2. Proposal for three-year subscription extension with Granicus, LLC

3. Master Subscription Agreement with Granicus, LLC dated March 25, 2022 Notification:

None.
316
Attachment 1
4860-5047-5367 v1
RESOLUTION NO. 26-25

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, AUTHORIZING AN

EXEMPTION TO THE FORMAL SOLICITATION PROCESS,

AWARDING AND APPROVING A SERVICE EXTENSION IN

ACCORDANCE WITH THE EXISTING MASTER

SUBSCRIPTION AGREEMENT WITH GRANICUS, LLC FOR

THE GRANICUS LEGISLATIVE MANAGEMENT SYSTEM,

AUTHORIZING THE CITY MANAGER TO EXECUTE THE

AGREEMENT EXTENSION IN AN AMOUNT NOT TO
EXCEED $113,961 OVER A THREE-YEAR TERM, AND

AUTHORIZING THE CITY MANAGER TO EXECUTE

FUTURE AGREEMENT EXTENSIONS PROVIDED THE

ANNUAL INCREASE IN SUBSCRIPTION FEES DOES NOT
EXCEED 5% PER YEAR
WHEREAS, as part of its information technology practices, the City maintains ongoing agreements for software-as-a-service (SAAS) subscriptions and technical support for software systems that are critical to City operations; and WHEREAS, on December 17, 2019, the City Council awarded a Master Subscription Agreement to Granicus, LLC for the implementation of the Granicus Legislative Management system after a formal Request for Proposal (RFP) process; and WHEREAS, the Granicus system was successfully implemented and went live in September of 2022, and since that time, the City has successfully utilized the Granicus system to support the processes managed by the City Clerk, and WHEREAS, the current agreement is due to expire at the end of March, 2026; and WHEREAS, City Policy 201-2-1, Section XI.A.1.1.2 provides for an exemption from the formal solicitation process when the City Council determines by resolution that compliance with the bidding requirements and procedures is inefficient, impractical, or not in the best interest of the City based on specifically identified conditions and supported by substantial evidence in the record; and
WHEREAS, it is in the City’s best interest to extend the relationship with the current service provider to maintain continuity of operations for both customers and City staff, and avoid significant direct costs and staff resources related to onboarding, implementation, configuration and training on a new system.

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.
317
Resolution No. 26-25 Page 2
4860-5047-5367 v1
SECTION 2. That compliance with the bidding requirements and procedures is hereby determined, based on substantial evidence in the record, to be inefficient, impractical, or not in the best interest of the City based on the need to maintain continuity of operations for both customers and City staff, and avoid significant direct costs and staff resources related to onboarding, implementation, configuration and training on a new system and an exemption to the formal solicitation process under City Policy 201-2-1, Section XI.A.1.1.2 is hereby authorized.

SECTION 3. That a three-year extension to the Master Subscription Agreement with Granicus, LLC is hereby awarded and approved for the continued use of the Granicus system.

SECTION 4. That the City Manager is hereby authorized and directed to execute the extension to the Master Subscription Agreement with Granicus, LLC for the continued use of the Granicus system for a total cost not to exceed $113,961 over a three-year term in a form substantially similar to that presented to the City Council on February 3, 2026.

SECTION 5. That the City Manager is hereby authorized and directed to execute future agreement extensions provided the annual increase in subscription fees does not exceed 5% per year.

SECTION 6. That the City Manager is hereby authorized and directed to execute such other documents and take such other and further actions as are necessary and proper to accomplish the purposes of this resolution.

SECTION 7. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

PASSED AND ADOPTED this _____ day of February, 2026.
__________________________
Rick Loeffler, Mayor of the City
of San Clemente, California
ATTEST:
__________________________
CITY CLERK of the City of
San Clemente, California
318
Resolution No. 26-25 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. 26-25 was adopted at a regular meeting of the City Council of the City of San Clemente held on _______ day of February, 2026 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
319
THIS IS NOT AN INVOICE Order Form
Prepared for
San Clemente, CA
Order #: Q-497989
Prepared: 31 Dec 2025

Page 1 of 8 ends

Granicus Proposal for San Clemente, CA

ORDER DETAILS
Prepared By: Dilana Vargas
Phone:

Email: [email protected]
Order #: Q-497989
Prepared On: 31 Dec 2025
Expires On: 23 Mar 2026
Currency: USD
Payment Terms: Net 30 (Payments for subscriptions are due at the beginning of the period of performance.)
Period of Performance: 24 Mar 2026 - 23 Mar 2027

ORDER TERMS
Current Subscription
End Date:

Initial Order Term End
Date:
23 Mar 2026
23 Mar 2029
Attachment 2
320
Order Form
San Clemente, CA
Order #: Q-497989
Prepared: 31 Dec 2025

Page 2 of 8 ends

PRICING SUMMARY
The pricing and terms within this Proposal are specific to the products and volumes contained within this Proposal.

Renewing Subscription Fees
Solution Billing
Frequency Quantity/Unit Annual Fee
Legistar Annual 1 Each $13,360.52
VoteCast Standard Package (iLegislate) Annual 1 Each $4,671.51 Government Transparency Suite Annual 1 Each $6,664.69
Granicus Encoding Appliance Software
(GT) Annual 1 Each $1,557.17
Meeting Efficiency Suite Annual 1 Each $8,175.15
Open Platform Suite Annual 1 Each $0.00
Send Agenda (Legistar) Annual 1 Each $0.00
Open Platform Suite Annual 1 Each $0.00
govDelivery for Integrations Annual 1 Each $0.00
SUBTOTAL: $34,429.04
321
Order Form
San Clemente, CA
Order #: Q-497989
Prepared: 31 Dec 2025

Page 3 of 8 ends

FUTURE YEAR PRICING
Period of Performance
Solution(s)
24 Mar 2027 - 23 Mar 2028 24 Mar 2028 - 23 Mar 2029
Legistar $14,696.57 $16,166.23
VoteCast Standard Package (iLegislate) $5,138.66 $5,652.53 Government Transparency Suite $7,331.16 $8,064.27
Granicus Encoding Appliance Software (GT) $1,712.89 $1,884.18 Meeting Efficiency Suite $8,992.67 $9,891.93
Open Platform Suite $0.00 $0.00
Send Agenda (Legistar) $0.00 $0.00
Open Platform Suite $0.00 $0.00
govDelivery for Integrations $0.00 $0.00
SUBTOTAL: $37,871.95 $41,659.14
322
Order Form
San Clemente, CA
Order #: Q-497989
Prepared: 31 Dec 2025

Page 4 of 8 ends

PRODUCT UPDATES

FOR INFORMATION ON RECENT AND UPCOMING PRODUCT ENHANCEMENTS ACROSS THE GRANICUS PORTFOLIO, PLEASE REFER TO THE SEMIANNUAL UPDATE INFORMATION ON THIS WEBPAGE:
: HTTPS://GRANICUS.COM/SEMIANNUAL-UPDATES/

PRODUCT DESCRIPTIONS
Solution Description
Legistar Legistar is a Software-as-a-Service (SaaS) solution that enables government organizations to automate the entire legislative process of the clerk’s office. Clerks can leverage Legistar to easily manage the entire legislative process from drafting files, through assignment to various departments, to final approval. Legistar includes:
• Unlimited user accounts
• Unlimited meeting bodies and meeting types
• Unlimited data storage and retention
• Up to one (1) Legistar database
• Up to one (1) InSite web portal
VoteCast Standard Package
(iLegislate)
VoteCast is a hybrid Software-as-a-Service (SaaS) solution that enables government organizations to streamline the meeting process for both the clerk's office as well as elected officials. By leveraging this solution, the client will be able to automate meeting data capture and display – improving accuracy and keeping all attendees informed of meeting proceedings. Available on a variety of hardware as well as the iLegislate platform, elected officials can use their touchscreens or tablets to motion, second, vote, and request to speak. This data automatically populates to the clerk software (LiveManager) ensuring accuracy and reducing workload. As action items occur during the meeting, TVs or projectors hooked up to VoteCast Display will automatically show the current agenda item, motion on the floor, vote result, and speaker timer as well as speaker name. VoteCast includes:
· Unlimited user accounts
· Unlimited meeting bodies
· Access to one Granicus platform site
· Access to the VoteCast software application for elected officials · Access to the VoteCast Display software application to output meeting proceedings to TVs or projectors in the meeting room · VoteCast Display (small form factor Dell CPU) is usually purchased through Granicus and should be represented on your proposal/quote · Client is responsible for purchasing compatible hardware (Compatible hardware includes Windows Desktops or tablets, Mac 323
Order Form
San Clemente, CA
Order #: Q-497989
Prepared: 31 Dec 2025

Page 5 of 8 ends

Solution Description
Desktops, or iPads)
Government Transparency
Suite
Government Transparency are the live in-meeting functions. Streaming of an event, pushing of documents, and indexing of events.

Granicus Encoding Appliance
Software (GT)
Granicus Encoding Appliance Software (GT) This includes the LiveManager Software solution where webcasts are started/stopped, agendas amended and indexed, votes and attendance recorded, and minutes created.

Meeting Efficiency Suite Meeting Efficiency is a hybrid Software-as-a-Service (SaaS) and Hardwareas-a-Service (HaaS) solution that enables government organizations to simplify the in-meeting management and post-meeting minutes creation processes of the clerk’s office. By leveraging this solution, the client will be able to streamline meeting data capture and minutes production, reducing staff efforts and decreasing time to get minutes published. During a meeting, use LiveManager to record roll calls, motions, votes, notes, and speakers, all indexed with video. Use the index points to quickly edit minutes, templates to format in Microsoft Word, and publish online with the click of a button. Meeting Efficiency includes:
• Unlimited user accounts
• Unlimited meeting bodies
• Unlimited storage of minutes documents
• Access to the LiveManager software application for recording information during meetings
• Access to the Word Add-in software component for minutes formatting in MS Word if desired
• Up to one (1) MS Word minutes template (additional templates can be purchased if needed)
Open Platform Suite Open Platform is access to MediaManager, upload of archives, ability to post agendas/documents, and index of archives. These are able to be published and accessible through a searchable viewpage.

Send Agenda (Legistar) Send Agenda is dependent on an active subscription to the relevant govMeetings agenda.

Open Platform Suite Open Platform is access to MediaManager, upload of archives, ability to post agendas/documents, and index of archives. These are able to be published and accessible through a searchable viewpage. govDelivery for Integrations Send notification bulletins directly to constituents who subscribe to receive 324
Order Form
San Clemente, CA
Order #: Q-497989
Prepared: 31 Dec 2025

Page 6 of 8 ends

Solution Description
updates directly through Granicus (powered by govDelivery). Receive a monthly metrics report delivered via email to show subscriber growth and engagement activity for the past month of bulletin sends, and grow subscribers through access to the Granicus Advanced Network.

Note: govDelivery integrations is dependent on an active subscription to the relevant govMeetings agenda or govAccess CMS solutions.

GRANICUS ADVANCED NETWORK AND SUBSCRIBER INFORMATION
• Granicus Communications Suite Subscriber Information. o Data provided by the Client and contact information gathered through the Client's own web properties or activities will remain the property of the Client ('Direct Subscriber'), including any and all personally identifiable information (PII). Granicus will not release the data without the express written permission of the Client, unless required by law. o Granicus shall: (i) not disclose the Client's data except to any third parties as necessary to operate the Granicus Products and Services (provided that the Client hereby grants to Granicus a perpetual, non-cancelable, worldwide, non-exclusive license to utilize any data, on an anonymous or aggregate basis only, that arises from the use of the Granicus Products by the Client, whether disclosed on, subsequent to, or prior to the Effective Date, to improve the functionality of the Granicus Products and any other legitimate business purpose, including the right to sublicense such data to third parties, subject to all legal restrictions regarding the use and disclosure of such information).
• Data obtained through the Granicus Advanced Network.
o Granicus offers a SaaS product, known as the Communications Cloud, that offers Direct Subscribers recommendations to subscribe to other Granicus Client's digital communication (the 'Advanced Network'). When a Direct Subscriber signs up through one of the recommendations of the Advanced Network, that subscriber is a 'Network Subscriber' to the agency it subscribed to through the Advanced Network.
o Network Subscribers are available for use while the Client is under an active subscription with Granicus. Network Subscribers will not transfer to the Client upon termination of any Granicus Order, SOW, or Exhibit. The Client shall not use or transfer any of the Network Subscribers after termination of its Order, SOW, or Exhibit placed under this agreement. All information related to Network Subscribers must be destroyed by the Client within 15 calendar days of the Order, SOW, or Exhibit placed under this agreement terminating. o Opt-In. During the last 10 calendar days of the Client's subscription, the Client may send an optin email to Network Subscribers that shall include an explanation of the Client's relationship with Granicus terminating and that the Network Subscribers may visit the Client's website to subscribe to further updates from the Client in the future. Any Network Subscriber that does not opt-in will not be transferred with the subscriber list provided to the Client upon termination. 325
Order Form
San Clemente, CA
Order #: Q-497989
Prepared: 31 Dec 2025

Page 7 of 8 ends

TERMS & CONDITIONS
• This quote, and all products and services delivered hereunder are governed by the terms located at https://granicus.com/legal/licensing, including any product-specific terms included therein (the “License Agreement”). If your organization and Granicus has entered into a separate agreement or is utilizing a contract vehicle for this transaction, the terms of the License Agreement are incorporated into such separate agreement or contract vehicle by reference, with any directly conflicting terms and conditions being resolved in favor of the separate agreement or contract vehicle to the extent applicable. • If submitting a Purchase Order, please include the following language: The pricing, terms and conditions of quote Q-497989 dated 31 Dec 2025 are incorporated into this Purchase Order by reference and shall take precedence over any terms and conditions included in this Purchase Order. • This quote is exclusive of applicable state, local, and federal taxes, which, if any, will be included in the invoice.

It is the responsibility of San Clemente, CA to provide applicable exemption certificate(s). • Any lapse in payment may result in suspension of service and will require the payment of a setup fee to reinstate the subscription.
326
Order Form
San Clemente, CA
Order #: Q-497989
Prepared: 31 Dec 2025

Page 8 of 8 ends

BILLING INFORMATION
Billing Contact: Purchase Order
Required?
[ ] - No
[ ] - Yes
Billing Address: PO Number:

If PO required
Billing Email: Billing Phone:

If submitting a Purchase Order, please include the following language:

The pricing, terms, and conditions of quote Q-497989 dated 31 Dec 2025 are incorporated into this Purchase Order by reference and shall take precedence over any terms and conditions included in this Purchase Order.

AGREEMENT AND ACCEPTANCE
By signing this document, the undersigned certifies they have authority to enter the agreement. The undersigned also understands the services and terms.

San Clemente, CA
Signature:
\s1\
Name:
\n1\
Title:
\t1\
Date:
\d1\
327
Attachment 3
328
329
330
331
332
333
334
335
336
337
338
339
340
341
342
343
344
345
346
347
348
349
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: February 3, 2026 Agenda Item: 11I.

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

CONSIDERATION OF A RESOLUTION TO ACCEPT AND FILE A NOTICE OF COMPLETION

FOR THE SOUTH EL CAMINO REAL LANE RECONFIGURATION AND BUFFERED BIKE

LANE PROJECT FROM AVENIDA MENDOCINO TO SOUTH CITY LIMIT- FEDERAL PROJECT NO. CML-5274(039), FTIP NO. ORA 190914, CITY CIP PROJECT NO. 11308,

CONSIDERATION OF A RESOLUTION REGARDING RED CURB MODIFICATION ON SOUTH

EL CAMINO REAL, AND FINDING THE ACTIONS CATEGORICALLY EXEMPT UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT ..body
Fiscal Impact:

The total construction cost of $1,588,365 is within the approved construction budget of $2,068,900 from the Gas Tax Fund, South El Camino Real Lane Reconfiguration and Buffered Bike Lane Project from Avenida Mendocino to South City Limit, Account Number 012-861-45300- 000-11308.

Summary:

The City Council is being asked to consider a Resolution and Notice of Completion for the South El Camino Real Lane Reconfiguration and Buffered Bike Lane Project from Avenida Mendocino to South City Limit (Attachments 1 and 2). Additionally, City Council is being asked to consider a separate Resolution approving code modifications regarding red curb modifications for South El Camino Real. The proposed red curb modification is designed to improve access and visibility for the side streets while preserving available parking spaces.

Background:

On May 6, 2025, the City Council approved Resolution 25-53 to award a construction contract to ONYX Paving Company, Inc. for the South El Camino Real Lane Reconfiguration and Buffered Bike Lane Project from Avenida Mendocino to South City Limit (Attachment 3). The project included removing and replacing concrete sidewalk, curb & gutter, curb ramps, driveway approaches, crack sawing, crack filling, cold milling, overlaying, slurry sealing, striping and signage.
350
Meeting Date: February 3, 2026 Agenda Item: 11I.

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

Construction Management, Inspection, and Material Testing $ 168,550 Construction 1,419,815
Total Project Construction Cost $ 1,588,365
The project construction plans that the City Council approved in 2025 included red curb modifications with allowances for modifications by the City Engineer. In general, the project design included 50 feet of red curb on the south side of each intersection for vehicle line of sight looking south as vehicles exited the side streets. The design also included removing portions of the existing red curb for visibility looking north with amounts to be determined by the City Engineer based on field conditions. Since the reduction of vehicle travel lanes created a buffer zone to allow vehicles to pull forward for visibility looking north, staff is recommending City Council approve the final design that includes leaving at least 10 feet of red curb on the north side of each intersection (Attachment 4, Resolution). This should help maintain vehicle line of sight and keep as much street parking on South El Camino Real as possible. Attachment 5 details the existing and proposed final red curb design modifications.

Council Options:
 Adopt Resolution No. 26-26 (NOC), which would approve the final project design and accept the completed South El Camino Real Lane Reconfiguration and Buffered Bike Lane Project from Avenida Mendocino to South City Limit, Federal Project No. CML-5274(039), FTIP No.

ORA 190914, City CIP Project No. 11308; and adopt Resolution No. 26-27 (Red Curb 351
Meeting Date: February 3, 2026 Agenda Item: 11I.

CITY OF SAN CLEMENTE 3
Modification) approving the parking modification as shown on Attachment 5 and finding the project categorically exempt from CEQA.
 Modify and adopt Resolution No. 26-26 (NOC).
 Modify and adopt Resolution No. 26-27 (Red Curb Modification).  Continue the item with direction to provide additional information regarding Resolution No. 26- 26 (NOC).
 Continue the item with direction to provide additional information regarding Resolution No. 26- 27 (Red Curb Modification).
 Do not adopt Resolutions No. 26-26 (NOC) and No. 26-27 (Red Curb Modification).

Environmental Review/Analysis:

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

Recommended Actions:

Staff Recommendation ..recommendation
Staff recommends that the City Council Adopt Resolutions No. 26-26 (NOC) and No. 26-27 (Red Curb Modification), which will:

1. Approve the final project design and accept the South El Camino Real Lane Reconfiguration and Buffered Bike Lane Project from Avenida Mendocino to South City Limit, Federal Project No. CML-5274(039), FTIP No. ORA 190914, City CIP Project No. 11308, from ONYX Paving Company, Inc.;

2. Authorize the City Clerk to execute and record the Notice of Completion for the South El Camino Real Lane Reconfiguration and Buffered Bike Lane Project from Avenida Mendocino to South City Limit, Federal Project No. CML-5274(039), FTIP No. ORA 190914, City CIP Project No. 11308;

CITY OF SAN CLEMENTE 4

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

6. Approve the red curb modification as illustrated in Attachment 5. ..end
Attachment:

1. Resolution No. 26-26 (NOC)

2. Notice of Completion

3. Staff Report dated May 6, 2025 (without attachments)

4. Resolution No. 26-27 (Red Curb Modification)

5. Location Map (Red Curb Modification)
Notification:

None.
353
Attachment 1
RESOLUTION NO. 26-26

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, ACCEPTING AS

COMPLETE THE SOUTH EL CAMINO REAL LANE

RECONFIGURATION AND BUFFERED BIKE LANE

PROJECT FROM AVENIDA MENDOCINO TO SOUTH CITY
LIMIT, FEDERAL PROJECT NO. CML-5274(039), FTIP NO.

ORA 190914, CITY CIP PROJECT NO. 11308
WHEREAS, on February 18, 2025, the City Council awarded a construction contract to ONYX Paving Company, Inc. for South El Camino Real Lane Reconfiguration and Buffered Bike Lane Project from Avenida Mendocino to South City Limit, Federal Project No. CML-5274(039), FTIP No. ORA 190914, City CIP Project No. 11308; and WHEREAS, the work consisted of asphalt pavement maintenance work on City streets; and
WHEREAS, ONYX Paving Company, Inc. has completed the work to the satisfaction of the Public Works Director/City Engineer.

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

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

SECTION 2. That the City Council approves the final design and accepts as complete the South El Camino Real Lane Reconfiguration and Buffered Bike Lane Project from Avenida Mendocino to South City Limit, Federal Project No. CML-5274(039), FTIP No. ORA 190914, City CIP Project No. 11308.

SECTION 3. That the City Council authorizes the City Clerk to execute and record a Notice of Completion for the South El Camino Real Lane Reconfiguration and Buffered Bike Lane Project from Avenida Mendocino to South City Limit, Federal Project No. CML5274(039), FTIP No. ORA 190914, City CIP Project No. 11308.

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

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

SECTION 6. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
354
Resolution No. 26-26 Page 2
PASSED AND ADOPTED this _____ day of ____________________, 2026.

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

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 26-26 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:

City of San Clemente
When Recorded, Mail To:

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

Space above this line is for Recorder’s Use Only

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

1. Project title or description of work: South El Camino Real Lane Reconfiguration and Buffered Bike Lane Project from Avenida Mendocino to South City Limit, Federal Project No. CML-5274(039), FTIP No. ORA 190914, City CIP Project No. 11308.

2. Date of completion: August 12, 2025.

3. Street address or legal description of the project site: South El Camino Real from Avenida Mendocino to South City Limit.

4. Name of owner: City of San Clemente.

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

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

7. Name and address of contractor: ONYX Paving Company, Inc., 2990 Myers Street, Riverside, CA 92503.

I am the City Clerk for the City of San Clemente, a Municipal Corporation, the owner of the indicated interest or estate in the property described above. I make this verification on behalf of the City of San Clemente. I have read this Notice of Completion and know its contents. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Executed on __________________________ in San Clemente, California. _________________________________
Laura Campagnolo, City Clerk
City of San Clemente
356
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING

CITY OF SAN CLEMENTE
Meeting Date: May 6, 2025 Agenda Item: 10I.

Submitted By: Public Works
Prepared By: Masako Hennequin, Associate Civil Engineer Ryan Kim, Senior Traffic Engineer
Dave Rebensdorf, Public Works Director / City Engineer
Subject:
..titl e

CONSIDERATION OF A RESOLUTION AWARDING A CONSTRUCTION CONTRACT TO ONYX PAVING COMPANY, INC. FOR THE SOUTH EL CAMINO REAL LANE

RECONFIGURATION AND BUFFERED BIKE LANE PROJECT FROM AVENIDA MENDOCINO TO SOUTH CITY LIMIT, FEDERAL PROJECT NO. CML-5274(039), FTIP NO. ORA 190914, CITY CIP PROJECT NO. 11308, IN AN AMOUNT NOT TO EXCEED $1,639,000, APPROVING A SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $848,900, AUTHORIZING THE CITY

MANAGER TO EXECUTE THE CONSTRUCTION CONTRACT, AND MAKING FINDINGS UNDER ..body THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
Fiscal Impact:

The estimated total construction cost of $2,068,900 is not within the approved budget of $1,220,000 from Account No.012-861-45300-000-11308. A supplemental appropriation of $848,900 is needed from the Gas Tax Fund to fund the project. There is available fund balance of approximately $5,500,000 within the Gas Tax Fund for this expenditure. A Federal Grant Congestion Mitigation and Air Quality (CMAQ) Program Fund of $1,075,000 was approved in November 2024. The grant funding will be distributed back to the City over the course of the project, reducing the total cost to the City Gas Tax Fund to $993,900.

Summary:

Before the City Council is the award of a construction contract to ONYX Paving Company, Inc. in an amount not to exceed $1,639,000, and approval of a 10% ($163,900) project contingency, for the South El Camino Real Lane Reconfiguration and Buffered Bike Lane Project from Avenida Mendocino to South City Limit. Construction will result in a project that modifies the southerly segment of the South El Camino Real from four vehicle travel lanes to two vehicle travel lanes, a center turning lane, and new Class II bike lanes on each side of the street.

Background:

The project is identified in the City’s Bicycle and Pedestrian Master Plan, which was approved with the 2014 Centennial General Plan. The project was evaluated under CEQA in the Environmental Impact Report prepared for the 2014 Centennial General Plan (SCH No. 2013041021). The project is also included in OCTA’s Orange County Bike Connectors (OC Loops) Gap Closure Feasibility Study Segment 49C of El Camino Real (Corridor 49).

On November 7, 2018, City Council approved Resolution No. 18-42 (Attachment 2) including authorizing an application for funds from the Bicycle Corridor Improvement Program funded with 1 Attachment 3
357
Meeting Date: May 6, 2025 Agenda Item: 10I.

CITY OF SAN CLEMENTE
Congestion Mitigation and Air Quality Improvement Program funding under the fixing America’s Surface Transportation Federal Transportation Act for South El Camino Real Lane Reconfiguration and Buffered Bike Lane Project.

On February 16, 2021, the City amended its General Plan (Resolution 21-003) to reclassify South El Camino Real from Avenida Mendocino to its southerly terminus at the South City Limit. The reclassification modified this South El Camino Real section from a Four-Lane Secondary Arterial to a Divided Collector. The City determined that these amendments to the General Plan did not constitute significant changes to the Project, the surrounding circumstances, or new information that created the potential for any new or more severe impacts that were not already evaluated and considered in the 2014 General Plan EIR, and that the amendments fell within the Class 1 exemption to CEQA review in any event. The project has also obtained a required OCTA amendment to the Orange County Master Plan of Arterial Highways (MPAH) to reclassify the roadway segment.

The project was budgeted in Fiscal Year 2020/21. The proposed design will keep the existing roadway width as required by the General Plan amendment to provide adequate emergency access during regional emergencies. This project will reconfigure travel lanes and create new Class II buffered bike lanes in the northbound and southbound directions by reducing travel lanes from four to two lanes with a continuous two-way left turn lane and/or exclusive left turn lane. This will reduce greenhouse gas emissions by providing more access for bicycle use and improving safety for bicycle riders and drivers. (See Attachment 3 for supporting documents.) Caltrans approved the federal funding on November 26, 2024, and the City must procure this project as soon as possible to submit the first invoice to Caltrans by May 26, 2025. Otherwise, the federal fund may be lost.

The project also includes asphalt pavement resurfacing and slurry sealing, concrete repair work on sidewalks, curb ramps, curb and gutter, cross gutter, driveway approaches, guardrail repair, utility adjustments, and installation of signs and striping.

Existing Roadway Project Location Map
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358
Meeting Date: May 6, 2025 Agenda Item: 10I.

CITY OF SAN CLEMENTE
On January 23, 2025, staff published a Notice Inviting Bids in the SC Times, reached out to local contractors, and published a bid solicitation on PlanetBids. Bids were opened on February 27, 2025, and the results are presented in Table 1 Bid Summary below. Bids ranged from $1,639,000 to $1,889,465. A bid was received by local contractor Diamond Construction & Design, and staff analyzed the local vendor preference amount per San Clemente Municipal Code section

3.40.030(E). According to the local vendor preference calculation, Diamond Construction & Design’s bid of $1,705,654 is less than 107% of the apparent low bid of $1,639,000 submitted by ONYX Paving Company, Inc., making Diamond Construction and Design the apparent low bidder; however, Diamond Construction’s bid was non-responsive.

This federally funded project requires a Disadvantaged Business Enterprise Requirement (DBE) of 22%. The Caltrans DBE Program is intended to ensure a level playing field and to foster equal opportunity in federal-aid contracts. Caltrans LAPM Exhibits 15-G and 15-H provided in the PlanetBids bid package require that the Prime Contractor list the CONSTRUCTION CONTRACT DBE COMMITMENT and PROPOSER/CONTRACTOR GOOD FAITH EFFORTS, respectively.

Failure of the Prime Contractor to meet Caltrans LAPM could result in loss of project funding.

Staff carefully reviewed and evaluated all required bid forms submitted by contractors and found that Diamond Construction and Design did not meet the DBE requirements per the Caltrans 2025 Local Assistance Procedures Manual (LAPM), providing zero percent DBE commitment in LAPM Exhibit 15-G and not providing any good faith efforts in LAPM Exhibit 15-H. Additionally, LAPM Exhibit 12-B, Part 2: Bidder’s List of Subcontractor (DBE and Non-DBE) required the contractor to “list all subcontractors who provided a quote or bid but were not selected to participate as a subcontractor on this project.” Diamond Construction and Design left LAPM Exhibit 12-B (Part 2) completely blank.

The LAPM states that failure to commit to achieving the DBE contract goals or demonstrate good faith efforts to do so is among the reasons a bid may be considered non-responsive and be precluded from reading. (See Attachment 4 for LAPM Exhibits 15-G, 15-H, and 12-B submitted by Diamond Construction and Design.) Staff believes that failure to meet DBE contract goals or demonstrate good faith efforts in compliance with the LAPM is a material bid defect that cannot be waived because it would potentially give a competitive advantage and result in the City’s loss of grant funding.

Diamond Construction and Design’s bid also had two other minor defects (expiration of City business license and discrepancy between the written bid price and the numerical bid price). It is discretionary whether the City insists on strict conformance to all bid requirements; trivial irregularities that do not result in any unfair competitive advantage can be waived.

Based on the findings above, staff recommends that Diamond Construction and Design’s bid for the South El Camino Real Lane Reconfiguration & Buffered Bike Lane Project be rejected as non-responsive.

The next lowest bidder, ONYX Paving Company, provided a DBE commitment of 22.05%, which exceeds the DBE goal of 22%. ONYX Paving Company also demonstrated and submitted all supporting documents of Good Faith Effort. (See Attachment 5 for LAPM Exhibits 15-G and 15-H submitted by ONYX Paving Company.) Therefore, staff recommends that the City Council find 3593
Meeting Date: May 6, 2025 Agenda Item: 10I.

CITY OF SAN CLEMENTE
that the lowest responsive and responsible bidder is ONYX Paving Company, Inc. of Anaheim, California, with a total bid amount of $1,639,000.

Table 1. Bid Summary
Company Name Company Location Amount
ONYX Paving Company, Inc. Anaheim, CA $1,639,000.00
All American Asphalt Corona, CA $1,724,427.10
Diamond Construction & Design San Clemente, CA (*Note 1) $1,705,954.00
Diamond Construction & Design San Clemente, CA $1,725,954.00 PALP dba Excel Long Beach, CA $1,783,437.80
LC Paving & Sealing Escondido, CA $1,837,743.20
R.J. Noble Company Orange, CA $1,889,464.90
(*Note 1: Total Bid Price in Numerical Form was $1,725,954, however Total Bid Price in Written Form was read as $1,705,954. Per the specifications bid form, the written price prevails in case of discrepancy between the written price and the numerical price.) Based on the lowest responsive bid, the total estimated project construction cost is $2,068,900, as summarized below:

Table 2. Cost Summary
Construction Management, Inspection, and Material Testing $ 266,000 Construction $1,639,000
Contingency (10%) $ 163,900
Total Estimated Construction Cost $2,068,900
As required by state law and City policy, the ONYX Paving Company will be required to provide performance and payment bonds simultaneously with execution of the construction contract (Attachment 6). Project plans and specifications are on file in the City Clerk’s office.

Council Options:
 Reject Diamond Construction & Design’s bid as non-responsive and adopt Resolution No. 25- 53 (Attachment 1), awarding the South El Camino Real Lane Reconfiguration and Buffered Bike Lane Project contract to ONYX Paving Company, Inc. as the lowest responsive and responsible bidder, approving a supplemental appropriation in the amount of $848,900 from the Gas Tax Fund, authorizing the City Manager to execute a construction contract in an amount not to exceed $1,639,000, approving a 10% project contingency of $163,900, and making findings under the California Environmental Quality Act.  Waive all Diamond Construction & Design’s bidding irregularities based on a finding that the defects were trivial and did not result in any competitive advantage, award the South El Camino Real Lane Reconfiguration and Buffered Bike Lane Project contract to Diamond Construction and Design, Inc., approve a supplemental appropriation in the amount of 3604
Meeting Date: May 6, 2025 Agenda Item: 10I.

CITY OF SAN CLEMENTE
$930,000 from the Gas Tax Fund, authorize the City Manager to execute a construction contract in an amount not to exceed $1,705,954, approve a 10% project contingency of $170,595, and make findings under the California Environmental Quality Act. The estimated total construction cost will increase by $74,000 to be $2,142,549 and the project may no longer qualify for federal funding.
 Modify and adopt Resolution No. 25-53.
 Continue the item and direct staff to provide additional information.  Do not adopt Resolution No. 25-53 and put the project on hold.

NOTE: Per the 2025 Local Assistant Procedures Manual (LAPM), the Local Public Agency must submit the first invoice by May 26, 2025 to avoid being classified as inactive and jeopardize federal funding. Unsuccessfully award the construction contract on May 6, 2025 may cause loss of federal funds.

Environmental Review/Analysis:

This Project was previously fully analyzed and considered as part of the 2014 Centennial General Plan EIR (SCH No. 2013041021), and none of the conditions set forth in Public Resources Code section 21166 or CEQA Guidelines section 15162 apply that would require the City to prepare subsequent or supplemental environmental analyses of the Project. There are no changes to the Project, the circumstances surrounding the Project, or new information that indicate that the Project would have any new or more severe environmental impacts beyond those that were analyzed in the 2014 EIR. Additionally, the Project was previously determined to be exempt from the California Environmental Quality Act (CEQA) under Class 1 (Repair and Maintenance of Existing Facilities, 14 CCR section 15301) of the State CEQA Guidelines. A Notice of Exemption was filed with the County of Orange Recorder’s Office on February 7, 2025 for this Project. (See Attachment 7.)
Recommended Actions:
..recommendation
Staff recommends that the City Council adopt Resolution No. 25-53, which will:

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

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

3. Reject Diamond Construction & Design, Inc.’s bid as non-responsive and Award the South El Camino Real Lane Reconfiguration & Buffered Bike Lane Project, Federal Project No. CML5274(039), FTIP No. ORA 190914, City CIP Project No. 11308, contract to ONYX Paving Company, Inc. as the lowest responsive and responsible bidder;

4. Authorize the City Manager to execute a contract with ONYX Paving Company, Inc. in an amount not to exceed $1,639,000, in a form substantially similar to Contract No. 25-19 3615
Meeting Date: May 6, 2025 Agenda Item: 10I.

CITY OF SAN CLEMENTE
(Attachment 6) for the South El Camino Real Lane Reconfiguration & Buffered Bike Lane Project, Federal Project No. CML-5274(039), FTIP No. ORA 190914, City CIP Project No. 11308; and

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

1. Resolution No. 25-53

2. Staff Report dated November 7, 2018

3. Supporting Documents

4. Diamond Construction and Design LAPM Exhibits 15-G, 15-H, and 12-B

5. ONYX Paving Company LAPM Exhibits 15-G and 15-H

6. Contract No. 25-19

7. Notice of Exemption
Notification:

All bidders.
3626
Attachment 4
RESOLUTION NO. 26-27

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, AMENDING MASTER
TRAFFIC RESOLUTION NO. 1846, MODIFYING ‘NO
PARKING AREAS’ ON SOUTH EL CAMINO REAL, AND

FINDING THE PROJECT CATEGORICALLY EXEMPT FROM

THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
UNDER CLASS 1 (EXISTING FACILITIES, 14 CCR SECTION
15301) OF THE STATE CEQA GUIDELINES
WHEREAS, the City of San Clemente City Council (“City Council”), at its regular meeting of May 6, 2025, approved a construction contract for South El Camino Real Lane Reconfiguration & Buffered Bike Lane Project, City CIP Project No. 11308; and WHEREAS, as part of the approved construction plans, the City has reviewed the parking locations on South El Camino Real from Avenida Mendocino to south City Limit; and
WHEREAS, the City desires to improve safety and traffic conditions on South El Camino Real; and
WHEREAS, the City Council has considered the information provided by City staff and any information provided by the public at or before the February 3, 2026 City Council meeting, and City Council now wishes to modify the recommended parking modifications.

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

SECTION 1. That the above recitals are true and correct.

SECTION2.That based on a review of the record as a whole, the project is hereby determined to be categorically exempt from the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities, 14 CCR section 15301) of the State CEQA Guidelines because it consists of minor alteration of existing public structures, facilities or topographical features, involving negligible or no expansion of existing or former use and there is no possibility of a direct or foreseeably indirect effect on the environment.

SECTION 3. That the Master Traffic Resolution No. 1846, Section 23, entitled “No Parking Areas”, is hereby amended by modifying the following subsections to read as follows:

23.e-9 El Camino Real, east side, from Avenida Santa Margarita north 10 feet.

23.e-58 El Camino Real, South, east side, from the northeast curb return of Avenida Lucia in a northerly direction for a distance of 10 feet.

23.e-59 El Camino Real, South, east side, from the northeast curb return of Avenida 363
Resolution No. 26-27 Page 2
Pala in a northerly direction for a distance of 10 feet.

23.e-60 El Camino Real, South, east side, from the northeast curb return of Avenida San Diego in a northerly direction for a distance of 10 feet.

23.e-61 El Camino Real, South, east side, from the northeast curb return of Avenida San Fernando in a northerly direction for a distance of 12 feet.

23.e-64 El Camino Real, South, east side, from the point of curb return north of Avenida Dominguez in a northerly direction for a distance of 10 feet.

23.e-65 El Camino Real, South, east side, from the point of curb return south of Avenida Dominguez in a southerly direction for a distance of 50 feet.

23.e-68 El Camino Real, South, east side, from the southeast curb return of Avenida Dolores in a southerly direction for a distance of 50 feet.

23.e-107a El Camino Real, South, east side from the southeast corner of the intersection with Calle Del Comercio for a distance of 50 feet.

SECTION 4. That the Master Traffic Resolution No. 1846, Section 23, entitled “No Parking Areas”, is hereby amended by adding the following subsections to read as follows:

23.e-54a El Camino Real, South, east side, from the northeast curb return at its intersection with Avenida Santa Inez, in a northerly direction for a distance of 10 feet.

23.e-54b El Camino Real, South, east side, from the southeast curb return at its intersection with Avenida Santa Inez, in a southerly direction for a distance of 50 feet.

23.e-61a El Camino Real, South, east side, from the southeast curb return of Avenida San Fernando in a southerly direction for a distance of 50 feet.

23.e-63a El Camino Real, South, east side, from the southeast curb return of its intersection with Avenida Buena Ventura, in a southerly direction for a distance of 50 feet.

23.e-65a El Camino Real, South, east side, from the point of curb return north of Avenida San Dimas in a northerly direction for a distance of 10 feet.

23.e-65b El Camino Real, South, east side, from the point of curb return south of Avenida San Dimas in a southerly direction for a distance of 50 feet.

SECTION 5. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
364
Resolution No. 26-27 Page 3
PASSED AND ADOPTED this _____ day of February, 2026.

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

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

CITY OF SAN CLEMENTE )
I, Laura Campagnolo, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 26-27 was adopted at a regular meeting of the City Council of the City of San Clemente held on the 3rd day of February, 2026, 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 ____________, 2026. __________________________
CITY CLERK of the City of
San Clemente, California
Approved as to form:
___________________________
Elizabeth A. Mitchell, City Attorney
365
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RED CURB ADDED PER APPROVED PROJECT PLAN &
TO BE MODIFIED IN SCMC, SECTION 23

EXISTING RED CURB TO BE REMOVED

EXISTING RED CURB
City of San Clemente LOCATION MAP
Engineering Division SOUTH EL CAMINO REAL BUFFERED BIKE LANE, CITY PROJECT NO. 11308 910 Calle Negocio San Clemente, CA 92673 MODIFICATIONS TO RED CURB AND NO-PARKING AREAS ON https:/ /www.sanclemente.gov SOUTH EL CAMINO REAL AT CALLE DEL COMERCIO PAGE 1 OF8 366
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San Clemente City CouncilFebruary 3, 2026

San Clemente City Council
February 3, 2026