Agenda packet, regular meeting, second session — San Clemente City Council, June 7, 2022 (part 2 of 3)

features on the 100 block of Avenida Barcelona, then staff recommends that the analysis be done after the installation of the speed cushions since the cushions will likely change the street's speed/conditions, etc.

If City Council approves the speed cushion installation, staff recommends that the City Council appropriate required funds from the Traffic Calming budget.

Part 2 - Centerline Delineators at El Camino Real/ Esplanade At its September 15, 2020 meeting (see Attachment 4 for agenda report), City Council approved staff's recommendation of installing centerline delineators on El Camino Real at its intersection with Esplanade. This alternative was proposed by staff as Alternative 2 to improve traffic safety at the subject location. Most residents on Esplanade favored Alternative 1, which was the addition of left-turn pockets on El Camino Real at Esplanade. However, due to limited right-of-way to provide left-turn pockets on EL Camino Real and the loss of parking spaces on El Camino Real, the majority of business owners fronting El Camino Real had indicated a preference for Alternative 2. In their July 2021 petition, residents on the 100 block of Avenida Barcelona requested, for Alternative 1 to be re-considered since they believe traffic has been increased on Avenida Barcelona due to limiting turns onto Esplanade.

Centerline delineators on El Camino Real were installed on December 7, 2020, so this improvement is still considered a new countermeasure. In addition, in January 2021, City staff received grant funding from Caltrans to conduct a Local Road Safety Plan (LRSP) to address local roadway safety issues and needs. This section of El Camino Real is part of the LRSP analysis. However, due to the fact that the LRSP study has not been completed and it has been a short amount of time since the installation of delineators, very little data is available from a safety perspective. Therefore, staff does not recommend any additional changes or improvements at this point until further evaluation be completed based on adequate data regarding traffic safety and traffic circulation in the study area. If City Council request for further evaluation, staff recommends coming back later when more relevant data is available after the speed cushions on the 100 block of Avenida Barcelona have. been in place for at least six months, Public feedback would also be part of the evaluation process, Action: STAFF AND THE PLANNING COMMISSION RECOMMEND THAT the City Council approve the use of speed cushion traffic calming treatments on the 100 block of Avenida Barcelona and authorize the use of funding from the Traffic Calming Project, CIP No. 39087 to complete the installations.

Attachments: 1. Proposed Speed Cushion Locations

2. May 4, 2022 Planning Commission Report

3. Email/letters from residents.

4. City Council Agenda Report, September 15, 2020
Notification: A notice of Intention to consider the staff recommendation was distributed to parcels on the 100 block of Avenida Barcelona and within a 300-foot radius, I: \cd\englneenng\secure\adm ln\202216-716-7-22-5r, docx 6-7-22 / 4L-3
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CITY OF SAN CLEMENTE
910 CL Negocio. Suite 100
San CLEMENTE, CA 92673
Tai (949) 361-6100
Fax (949) 361-8316
fJI ~ II - PROPOSED SPEED CUSHION LOCATION f I ATTACHMENT 1 -LOCATIOM MAP ..... - ADVANCE WARNING SIGNS- I PROPOSED SPEED CUSHIONS ON AVENIDA BARCELONA (100 BLOCK)
Attachment 2
To:

From:

Subject:

Copies:

ISSUE:

Me1norandum
Engineering Division
May 4, 2022
Planning Commission
Zachary Ponsen, Acting Deputy Public Works Director
Speed Cushions on Avenida Barcelona, 100 Block
Kiel Koger, Public Works Director/City Engineer
Jared Streeter, Orange County Sherriffs Department, Administrative Sergeant
Should the Planning Commission forward a recommendation to the City Council to implement speed cushions on the 100 block of Avenida Barcelona?
BACKGROUND:

A petition was received in July 2021 requesting an evaluation for speed cushions on the 100 block of Avenida Barcelona. The petition cited high traffic volumes and speeds that often exceed the speed limit. The petition was processed by staff in accordance with the City's adopted Traffic Calming Policy and Resource Manual and the results are presented in the next section.

In the petition, residents also requested that the vertical delineators be removed from El Camino Real at the intersection with Esplanade. Their concern was the shifted/increased traffic from Esplanade to Avenida Barcelona and subsequently increased speeding, noise, and pollution issues. The evaluation of this concern is discussed in part 2 of this report.

Part 1 - Speed Cushions on 100 block of Avenida Barcelona Based on the City's traffic calming program, the street met the minimum required point score to qualify for traffic calming treatments and satisfied the 67% support requirements. The data did indicate notable volume (2,212 vehicles per day) and 85th percentile speed (30 miles per hour (mph)) on the street.

The City's more specific speed hump/cushion policy indicates that this can move forward for a Planning Commission recommendation after first following the initial traffic calming evaluation (above). Avenida Barcelona meets the basic criteria for speed cushion installation, with the exception that the 85th percentile speed is slightly lower than 32mph. When all basic speed cushion criteria are met, a street Engineering Division Memorandum
6-7-22 / 4L-5
City of San Clemente Page2
can move foiward for recommendation If a majority (greater than 50%) are in favor of installation. If any criteria are not met, a street can still move forward for Planning Commission recommendation if at least67% are in favor of installation. The petition· received in July 2021 indicates that 48 of 50 parcels fronting the 100 block of Avenida Barcelona are in favor of installing speed ,cushions. This response translates to 96% in favor of installation, exceeding the minimum 67% requirement.

Staff prepared an exhibit showing proposed speed cushion locations. The exhibit was shared with residents, particularly with those that had a speed cushion proposed to be located on their frontage. All adjacent residents have indicated support for the speed cushion locations as shown on Attachment 3.

If the Planning Commission moves the project forward for City Council consideration, staff will recommend that the City Council appropriate required funds from the Traffic Calming budget.

Notices were distributed to parcels on and adjacent to the 100 block of Avenida Barcelona to lnfonm that this issue would be considered at this meeting.

Part 2 - Centerline Dellneators at El Camino Real/ Esplanade At its September 15, 2020 meeting (see attachment 1 for agenda report), City Council approved staff's recommendation of installing centerline delineators on El Camino Real at its Intersection with Esplanade. This alternative was proposed by staff as Alternative 2 to improve traffic safety at the subject location. Most residents on Esplanade favored Alternative ·1, which was the addition of left-tum pockets on El Camino Real at Esplanade. However, due to limited right-of-way to provide leftturn pockets on EL Camino Real and the loss of parking spaces on El Camino Real, the majority of business owners fronting El Camino Real had Indicated a preference for Alternative 2. In their July 2021 petition, residents on Avenida Barcelona requested, for Alternative 1 to be re-considered since they believe traffic has been increased on Avenida Barcelona due to limiting turns onto Esplanade.

Centerline delineators were installed on December 7, 2020, so this improvement is still considered as a new countermeasure. In addition, in January 2021, City staff received grant funding from Caltrans to conduct a Local Road Safety Plan (LRSP) to address local roadway safety issues and needs. This section of El Camino Real is part of the LRSP analysis. However, due to the fact that the LRSP study has not been completed and it has been a short amount of time since the installation of delineators, very little data is available from a safety perspective. Therefore, staff does not recommend any additional changes or improvements at this point until further evaluation be completed based on adequate data regarding traffic safety and traffic circulation In the study area. If City Council asks for further evaluation, staff would recommend coming back later when more relevant data Is available after the speed cushions are in place for at least six months. Public feedback would also be part of the evaluation process.
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City of San Clemente . Page 3
RECOMMENDATION:

STAFF RECOMMENDS THAT Planning Commission forward to the City Council a recommendation to approve the use of speed cushion traffic calming treatments on the 100 block of Avenida Barcelona.

Attachments: 1. Location Map

2. City Council Agenda Report, September 15, 2020
l:\cd\anglneerlng\secure\admln\plannlng commlsslon\2022\5-4~22\avenlda barcslona\barcelona speed oushlo11S.docx 6-7-22 I 4L-7
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Attachment 3
~rom: [email protected] <[email protected]> Sent: Monday, April 25, 202211:13 AM . . . . . . . . _ . _ . To: Acosta, Lisa <AcostaL@san"(llem.enta.org>: SCott, Meredith <ScottM1@san•clen\ent'e,cirg>; Gallardo• Daly, Cecilla <[email protected]>; Atamian, Adam <AtamlanA@san·clementa.org> subject: City of San Clemente, CA: pC Meetlng,Publlc Comment A new entry to a form/survey has been submitted,
Form Name:

Date&Tlme:

Respon,e#:
submitter ID:

IP eddtw:

Planning Commission· Public comment submittal
04/25/202211::1.S AM
72 23265
2600:8802:4600:6aa0::4bad
Time to complete: 18 min. , 41 sec, ,
survey Details: Answers only
Pagel
1, BRIAN HASKINS

2. san Clemente
4, 0S/04/.2022
s. Speed cushions on Avenlda Barcelona
6, (o) I request that my below comments be read at the Planning commission meeting, 1, I live near ~arcalona and Ola Vista. Reoontly a car rounding the corner crashe<l Into my new truck resutlng In a total loss, I helped extricate a man trapped In a car that Impacted a tree across the street, He sustained significant Injury. The next door neighbors' car wat str~ a .times by out of control cars. The neighbor West of that was crashed In to also. I have seen many accidents at the Intersection Including clavicle fractures, hit and runs eto. The statistics of volume and speed do not capture·the nature of the danger, Vehicles accelerating up the hlH Northbound on Ola Vlita (aftei stowing for th" dips at Esplanade) come to a sweeping right hand turn as they come to the crest of the hill, The surl'ace Is uneven and this leads to an unstable vehicle that loses control. Most of the accidents do not show up In r•ports. I do strongly support the traffio calming measure of Speed cushions, The westernmost cushion should be placed'closer to Ola Vista as It b acceleration on the ffrst 'straightaway• that creates the problem, Col1$lder 3 cushions, Consider nanowlng the Eastbound entrance to 100 block Barcelona with raised dots. Consider a stripe on centerline on the CUM> near 121 IIArcelona,
Thank you,
CitY of San d<lmente, CA
TIiis Is an automated IIN!SSII' cenerated fly Gtanlals. Please do not reply dltectly to this emal, 6-7-22 / 4L-8
~romJ
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Datel
lmportallell
ewmi Z'ftcharv
ope«! ~ on Al'<lllda lloroelona
Th!J!l1<1,y, May li, 20z210,os,11 PM
Hlil/1
Very much appreciate the returned call.

Definitely support the Installation of the speed bumps, In my opinion, 3 are needed with the first one being Just below the alley where folks start to pickup speed on the steepest part of the street, second one right at the curve & third one farther down toward Ola Vista.

Thanks,
Kyle Maurer
6-7-22 I 4L-9
Department:

Prepared By;
Subject:

AGENDA REPORT

SAN CLEMENTE CITY COUNCIL MEETING
Meeting Date: September 15, 2020
Public Works / Engineering Division
Nestor Mangohig, Senior Civil Engineer - Traffic
EL CAMINO REAUESPLANADE INTERSECT/ON SAFETY IMPROVEMENT.

ATTACHMENT 4
Agenda l~ n~ - ~ -
Approva!s:

City Manager ~
Dept. Head ___&,J_
Attorney - - - Finance ~
Fiscal Impact: Yes. Improvements are estimated between $3,000-$10,000 depending on selected alternative.

Summary: The Planning Commission and staff recommend that the City Council approve the addition of delineators along the centerline of El Camino Real through the Esplanade intersection. This improvement will remove left turn conflict points at the intersection in response to collision history at this location while also maintaining on-street parking on the west side of El Camino Real between Esplanade and Avenida Santiago.

Discussion: City staff is exploring a modification at the El Camino Real/Esplanade intersection (see Attachment 1) based on recorded collision history at the location. The type of accidents recorded at this location in combination with vehicle turning activity associated with adjacent uses, suggest that the existing lack of a dedicated left turn area on El Camino Real can cause drivers to accept shorter gaps in opposing/conflicting traffic while performing left turns into and out of Esplanade and the commercial driveway opposite Esplanade.

Two modifications that can be implemented quickly are described below:

Alternative 1: Addition of left turn pockets on El Camino Real at Esplanade The street width on El Camino Real can accommodate a left turn pocket in both the northbound and southbound directions at Esplanade. The vehicle cross section would be similar to El Camino Real at Avenida Barcelona, just north of the subject intersection. This concept is shown on Attachment 2.

Advantages:
• A dedicated left turn area would reduce rear-end and broadside-type conflicts by allowing vehicles wishing to make a left turn from El Camino Real to wait for a sufficient gap in oncoming traffic without concern of a car behind them rear ending them. Currently, it appears that some left turn drivers attempt to perform the left turn with less than ideal conflicting gaps.
.. All left turn movements into and out of Esplanade and the commercial driveway opposite Esplanade would be maintained.
• Traffic would not be shifted to adjacent streets.

Public Works Agenda Report 9-15-20 / 98-1
6-7-22 / 4L-10
Agenda Report Page 2
• Improved sight distance for vehicles entering El Camirio Real from Esplanade and Avenida Santiago.
• Alternative 1' allows for additional phased mocllflcatlon If restrictions are found to be necessary beyond left turn pockets. If collision statistics do not demonstrate an improvement, raised delineators can be added on El Camino Real while maintaining the tum pockets. This would remove left turns out of Esplanade and the commercial center onto El Camino Real, b.ut would continue to allow left-in, right-In, and right-out access. If further modification were found to be necessary, Alternative 2 would be proposed.

Disadvantages:· .
• Parking cannot be accommodated on the west side of El Camino Real between Esplanade and Avenlda Santiago with the addition of left turn pockets at Esplanade. Parking Is already prohibited on the west side of El Camino Real from Avenlda Barcelona and Esplanade and on the east side of El Camino Real from Avenlda Barcelona to Avenlda Santiago. The recently constructed mixeduse development on the northwest corner of El Camino Real/ Avenlda Santiago filled in the site's previous driveway curb cuts on El Camino Real since the project parking supply Is accessed from Avenida Santiago and at the rear of the site via the alley. It should be noted that the development satisfied ail of Its code-required parking on-site. •
Alternative 2: Addition of dellneators along El Camino Real centerline at Esplanade As an alternative to providing left tum pockets on El Camino Real, vertical dellneators can be placed along the El Camino Real centerline In the Esplanade Intersection to restrict all left turns at the location, thereby removing all left tumrelated conflict points at the location. Right-in, right-out access would continue to be maintained at Esplanade and the commercial driveway. This concept Is shown on Attachment 3.
'
Advantages:
• Conflicting left tum movements would be eliminated from the intersection, removing the potential for rear-end, broadside, and head-on accidents related to left turns,
• Parking could continue to be accommodated on the west side of El Camino Real between Esplanade and Avenlda Santiago.

Disadvantages:
• Inbound/outbound left tum access for Esplanade and the commercial driveway would be eliminated.
• Left turn commercial vehicle access would increase at the Avenida Barcelona traffic signal, Periodic disruption of through traffic on El Camino Real may Increase due to left tum queues into the commercial development. • Traffic would be expected to shift from Esplanade to Avenida Barcelona1 Avenlda· Santiago and/or other east/west streets. • 9•15-20 I 98-2
6-7-22 I 4L-11
Agenda Report Page3
" • Restrictive delineation may need to extend further to the south • beyond Esplanade for approximately 50 feet to prevent the conflict area frqm simply· moving to the next driveway that provides access to the· comrpercial center.

Public Input Survev
A survey describing the two alternatives above was mailed to the site addresses on El Camino Real from Avenlda Cadiz to south of Avenida Santiago as well as the residents of the 100 blocks of Avenida Barcelona, Esplanade, and Avenlda Santiago.

Attachment 4 shows the survey area and the response locations. A total of 168 surveys were malled and 52 were returned, and ·results are summarized as follows:
• Alternative 1 - 36 in favor (69%)
• Alternative 2 - 12 In favor (23%)
• Leave as-is - 4 In favor (8%)
The majority of the residential respondents indicated a preference for Alternative 1, which maintains left tum access at Esplanade. This includes nine 'of nine (100%) of respondents from Avenida Barcelona, twelve of twelve respondents from Avenlda Santiago (100%), and five of eight (62.5%) respondents from Esplanade. Residents on Avenida Barcelona and Avenida Santlago·generally shared a common concern of Increased traffic volumes on their residential street that could occur with Alternative 2. several residents on Esplanade indicated that they did not want to lose direct access to their street from El Camino Real.
• The majority of the respondents fronting El Camino Real indicated a preference for Alternative 2, which removes left tum access at Esplanade and the commercial driveway opposite Esplanade, while maintaining on-street parking on the west side of El Camino Real between Avenida Barcelona and Esplanade. Eight of ten (80%) of the El Camino Real respondents indicated a preference for Alternative 2.

At its regular August 19, 2020 meeting (see Attachment 5 for agenda report), the Planning Commission voted unanimously to recommend approval of Alternative 2 In order to remove left tum conflict points and to preserve parking spaces for the adjacent businesses. Staff recommended Alternative 1 at the hearing since It represented an Incremental approach to eliminating turning movements at the intersection, ultimately leading to Alternative 2 if necessary; while also considering survey results citing concern over access and vehicle diversion. Both alternatives are viable and staff supports implementation of Altematlve 2.

Staff Is coordinating with the Orange County Transportation Authority (OCTA) to relocate the southbound OCTA bus stop most recently situated at the northwest corner of El ,Camino ReaVAvenida Santiago. City staff and OCTA both support relocation of the bus stop closer to the intersection of Avenida Barcelona. Since parking Is currently prohibited In the vicinity of Avenida Barcelona, there would be no impact to on-street parking at that location. The bus relocation allows on-street parking on the west side of El Camino Real, between Esplanade and Avenlda Santiago, to remain In place. If the bus stop is not relocated, an additional 70-90 feet of red curb • \ ... would be required on the El Camino Real block face north of A','.enlda Santiago 1 9-15-20 I 9B-3
6-7-22 / 4L-12
./
Agenda Report
Recommended
Page4
(approximately 3 to 4 eliminated on-street parking spaces) In order to satisfy OCTA requirements. Staff is pursuing the bus stop relocation independent of this Item.

At the Planning Commission meeting, resident concern was rals.ed regarding visibility for vehicles entering El Camino Real from Avenida Santiago. Previous to the recent redevelopment of the parcel on the northwest corner of El Camino Real/Avenida Santiago, the north side of Avenida Santiago was red curbed which allowed for increased visibility and room for turning vehicles. In order to facilitate turning movements into Avenida Santiago and improve vlslblllty at the corner, red curb is recommended on the north side of Avenida Santiago between the El Camino Real curb return and the mixed-use development driveway (see Attachment 6). When cars are parked on both sides of Avenlda Santiago near El Camino Real, sight distance is limited and the narrow remaining roadway width makes it difficult for vehicles to turn from El Camino Real onto Avenlda Santiago without crossing· the centerline. The resolution to formally enable the proposed parking prohibition is provided in Attachment 7.

It should be noted that City staff anticipates receiving grant funding from Caltrans for purposes of conducting a Local Road Safety Plan (LRSP) In late 2020 or early 2021.

City Council authorized staff to pursue this funding in February 2020. It Is anticipated that a citywide LRSP assessment could further evaluate potential additional options at the intersection and within the vicinity of El Camino Real/Esplanade.

Action: STAFF RECOMMENDS THAT the City Council:

1. Approve the Installation of centerline delineation· on El Camino Real at Its intersection with Esplanade In order to remove left turn conflict points; and

2. Adopt Resolution No. ---~ entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN" CLEMENTE, CALIFORNIA, AMENDING MASTER TRAFFIC RESOLUTNION NO. 1846, ESTABLISHING 'NO PARKING AREAS' ON AVENI DA SANTIAGO."
Attachments: 1. Location Map

2. Alternative 1 - Left Turn Pockets on El Camino Real at Esplanade

3. Alternative 2- Centerline Delineators on El Camino Real at Esplanade

4. Public Input Results

5. Planning Commission Agenda Report, August 19, 2020

6. Location Map-Avenlda Santiago No Parking Area

7. Resolution -Avenida Santiago No Parking Area
Notification: A notice of Intention to consider this item was sent to properties within 300 feet of the subject Intersection.

I:\cd\englneertng\sacure\sdmln\2020\9-15-20\9-15-20-5r ecr-esplanade.docx 9-15-20 / 98-4
6-7-22 / 4L-13
ATTACHMENT 1

CITY OF SAN CLEMENTE
910 Calle Negocio¥ Suite 100 t-----------------l
San Clemente, CA 92673 EL CAMINO REAL/ESPLANADE
Tel (949) 361-6100
Fax (949) 361-8316 INTERSECTION SAFETY IMPROVEMENT
6-7-22 / 4L-14

CITY OF SAN CLEMENTE
910 Calle Negocio, Suite 100
San Clemente, CA 92673
Tel (949) 361-6100
Fax (949) 361-8316

ALTERNATIVE I

PROPOSED

LEFT TUAN POCKETS

EL CAMINO REAL AT ESPLANADE
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CITY OF SAN CLEMENTE
910 Calle Negocio, Suite 100
San Clemente, CA 92673
Tel (949) 361-6100
Fax (949) 361-8316
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(MA'/ AS..OCATE)
ALTERNATIVE 2

PROPOSED

CENTERLINE DELINEATORS

EL CAMINO REAL AT ESPLANADE
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,,, .;:,•e;,rn - SURVEY BOUNDARY:

TOTAL SURVEYS MAILED= 168
TOTAL SURVEYS RECEIVED = 52
% SURVEYS RECEIVED = 32%
ATTACHMENT 4
..... -- ·

EL CAMINO REAL/ESPLANADE
INTERSECTION SAFETY IMPROVEMENT6-7-22 I 4L-17
To:

From:

Subject:

Copies:

Memcgr~nduim
Engh1e®r ng Dh1i5,~on
August 19, 2020
Planning Commission
Nestor Mangohig, Senior Civil Engineer - Traffic
El Camino Real/Esplanade Intersection Safety Improvement Tom Bonigut, Public Works Director/City Engineer
Ziad Mazboudi, Deputy Public Works Director
ATT/..\CHMEl\!T 5
Paul Ketcham, Orange County Sherriffs Department, Administrative Sergeant ISSUE:

Should the Planning Commission forward a recommendation to the City Council fo modify the intersection of El Camino Real/Esplanade? BACKGROUND:

City staff is exploring a modification at the El Camino Real/Esplanade intersection (see Attachment 1) based on recorded collision history at the location. The type of accidents recorded at this location in combination with vehicle turning activity associated with adjacent uses, suggest that the existing lack of a dedicated left turn area on El Camino Real can cause drivers to accept shorter gaps in opposing/conflicting traffic while performing left turns into and out of Esplanade and the commercial driveway opposite Esplanade.

Two cost-effective modifications are described below:

Advantages:
• A dedicated left turn area would reduce rear-end and broadside-type conflicts by allowing vehicles wishing to make a left turn from El Camino Real to wait for a sufficient gap in oncoming traffic without concern of a car behind them rear ending them. Currently, it appears that some left turn drivers attempt to perform the left turn with less than ideal conflicting gaps . ., All left turn movements into and out of Esplanade and the commercial driveway opposite Esplanade would be maintained.

Engineering Division Memorandum
9-15-20 I 98-9
6-7-22 I 4L-18
City of San Clemente Page 2
• Traffic would not be shifted to adjacent streets.
• The existing OCTA bus stop at the northwest corner of El Camino Real/Avenida Santlago serving southbound El Camino Real could remain in place with the addition of left turn pockets.
• Improved sight distance for vehicles entering El Camino Real from Esplanade and Avenida Santiago. •
• Alternative 1 allows for additional phased modification if restriotlons are found to be necessary beyond ieft turn pockets. If collision statistics do not demonstrate an improvement, raised delineators can be added on El Camino Real while maintaining the turn pockets. This would remove left turns out of Esplanade and the commercial center onto El Camino Reiil, but would continue to allow left-in, right-in, and right-out access, If further modification were found to be necessary, Alternative 2 would be proposed.

Disadvantages:
• Parking cannot be accommodated on the west side of El Camino Real between Esplanade and Avenida Santiago with the addition of left turn pockets at Esplanade. Parking is already prohibited on.the west side of El Camino Real from Avenida Barcelona and Esplanade and on the east side of El Camino Real from Avenlda Barcelona to Avenida Santiago. The recently constructed mixed-use development on the northwest corner of El Camino Real/Avenlda Santiago filled in the site's previous driveway curb cuts on El Camino Real since the project parking supply is accessed from Avenida Santiago and at the rear of the site via the alley. It should be noted that the development satisfied all of its 6ode-required parking on-site . . Alternative 2: Addition of de/lnea/ors along El Camino Real centerline at Esplanade As an alternative to providing left turn pockets on El Camino Real, vertical delineators can be placed along the El Camino Real centerline in the Esplanade intersection to restrict all left turns at the location. Right-In, right-out access would continue to be maintained at Esplanade and the commercial driveway. This concept is shown on Attachment 3 .
. Advantages:
• Conflicting left turn movements would be eliminated from the Intersection, removing the potential for rear-end, broadside, and head-on accidents related to left turns.
• Parking could continue to be accommodated on the west side of El Camino Real between Esplanade and Avenida Santiago.

Disadvantages: .
• Inbound/outbound left turn access for Esplanade and the commercial driveway would be eliminated.
• Left turn commercial vehicle access would increase at the Avenida Barcelona traffic signal. Periodic disruption of through traffic on El Camino Real may increase due to left turn queues Into the commercial development. • Traffic would be expected to shift from Esplanade to Avenida Barcelona, Avenida Santiago and/or other east/west streets.
9-15-20 / 9B-10
6-7-22 / 4L-19
City of San Clemente Page 3
• Restrictive delineation may need to extend further to the south beyond Esplanade for approximately 50 feet lo prevent the conflict area from simply moving to the next driveway that provides access to the commercial center.

A public input survey describing the two alternatives above was mailed to the site addresses on El Camino Real from Avenida Cadiz to south of Avenida Santiago as well as the residents of the 100 blocks of Avenlda Barcelona, Esplanade, and Avenlda Santiago. Attachment 4 shows the survey area and the response locations.

A total of 168 surveys were malled and 52 were returned, and results are summarized as follows:
• Alternative 1 - 36 in favor (69%)
• Alternative 2 - 12 In favor (23%)
• Leave as-is - 4 in favor (8%)
The majority of the residential respondent!\ indicated a preference for Alternative 1, which maintains left turn access at Esplanade. This Includes nine of nine (100%) of respondents from Avenida Barcelona, twelve of twelve respondents from Avenida Santiago (100%), and five of eight (62.5%) respondents from Esplanade. Residents on Avenida Barcelona and Avenida Santiago generally shared a common concern of Increased traffic volumes on their residential street that could occur with Alternative 2. Several residents on. Esplanade Indicated that they did not want to lose direct access to their street from El Camino Real.

The majority of the respondents fronting El Camino Real indicated a preference for Aljernatlve 2, which removes left turn access at Esplanade and the commercial driveway opposite Esplanade, while maintaining on-street parking on the west side of El Camino Real between Avenida Barcelona and Esplanade. Eight of ten (80%) of the El Camino Real respondents indicated a preference for Alternative 2.

Staff continues to coordinate with the Orange County Transportation Authoi:ity (OCTA) regarding placement of an existing southbound OCTA bus stop at the northwest corner of El Camino Real/Avenida Santiago should Alternative 2 ultimately be selected by City Council. Options being explored include remaining at its current location, moving the stop to the southwest corner of El Camino ReaVAvenida Santiago, or moving closer to Avenida Barcelona.

Given the advantages and disadvantages ofeach alternative, with consideration given to the survey responses, staff recommends Alternative • 1. The recommendation attempts to balance safety without burdening the adjacent residential neighborhoods. Although the map shows a 'no new parking' area related to Alternative 1, It is important to note that much of the block was recently a no parking area prior to redevelopment. Alternative 1 is viewed as the less restrictive alternative that still provides options up to, and including, implementation of Alternative 2, should it be found that additional modifications are necessary beyond Alternative 1.

Notices were mailed to addresses within 300 feet of the subject Intersection to inform that the item woulq be considered at this meeting, and tentatively at the City Council meeting on September 15, 2020.
9-15-20 / 9B-11
6-7-22 / 4L-20
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City of'San Clemente Page4
REQQ_MMENDA T!ON:

STAFF RECOMMENDS THAT Plann-ing Commission forward to the City Council a recommendation to i1T1plement Alternative 1, addition of left turn pockets on El Camino Real at Esplanade.

Attachments: 1. Location Map

2. Alternative 1 - Left Turn Pockets on El Camino Real at Esplanade

3. Alternative 2- Centenlne Delineators on El Camino Real at Esplanade

4. Public Input Results •
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SUBJECT

LOCATION
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11 CITY OF SAN CLEMENTE
910 Calle Negocio, Suite 100 r--- ------------- _j
san Clemente, CA 92673 El CAMINO REAL/ESPLANADE
Tel (949) 361-6100
Fax (949} 361-8316 INTERSECTION SAFETY IMPROVEMENT
6-7-22 I 4L-22
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CITY OF SAN CLEMENTE
910 Calle Negocio, Suite 100
San Clemente, CA 92673
Tel (949) 361-6100
Fax (949) 361-8316
ATTACHMENT 2
ALTERNATIVE 1

PROPOSED

LEFT TURN POCKETS

EL CAMINO REAL AT ESPLANADE
6-7-22 I 4L-23
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CITY OF SAN CLEMENTE
910 Calle Negocio, Suite 100
San Clemente, CA 92613
Tel (949) 361-6100
Fax (949) 361-8316
ATTACHMENT 3
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ALTERNATIVE 2

PROPOSED

CENTERLINE DEUNEATORS

EL CAMINO REAL AT ESPLANADE
6-7-22 I 4L-24
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LEGEND:
~ - SURVEY BOUNDARY:

TOTAL SURVEYS MAILED= 168
TOTAL SURVEYS RECEIVED= 52
% SURVEYS RECEIVED = 32%
¢.; Q) - VOTED FOR ALT. 1 (LEFT TURN POCKETS) = 36
., (lJ -VOTED FOR ALT. 2 (DELINEATORS) = 12
ATTACHMENT 4
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6-7-22 I 4L-25
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ATTACHMENT 6
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City of San Clemente
910 Calle Negocio, Suite 100
San Clemente, CA 92673
Tel (949) 361-6100
Fax (949) 361-8316
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PROPOSED PARKING PROHIBIT/ON

ON AVE SANTIAGO
9-15-20 / 9B-17
6-7-22 / 4L-26
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ATTACHMENT 7
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, AMENDING MASTER
TRAFFIC RESOLUTION NO. 1846, ESTABLISHING 'NO

PARKING AREAS' ON AVENIDA SANTIAGO
WHEREAS, the City reviews various locations to improve safety and traffic conditions; and
WHEREAS, the City of San Clemente Plannlng Commission ("Planning Commission"), at its regular meeting of August 19, 2020 made a recommendation .to the City of San Clemente City Cou11oil ("City Council") to establish parking prohlbttion at the • location fisted below; and
WHEREAS, the City Council has considered the recommendation by the Planning Commission, and the information provided by City staff and now wishes to Implement the recommended parking prohibition.

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

Section 1. The above recitals are true and correct.

Section 2. The Master Traffic Resolution No. 1846, Section 23, entitled "No Parking Areas", is hereby amended by adding subsection:

23.s-13a Avenida Santiago, north side, from the northwest curb return at El Camino Real in westerly direction for a distance of 48 feet. • Section 3. 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
San Clemente, California
Mayor Pro Tern of the City of San
Clemente, California
9-15-20 / 9B-18
6-7-22 / 4L-27
Resolution No. Page2

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

CITY OF SAN CLEMENTE )
I, JOANNE BAADE, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. ___ was adopted at a regular meeting of the City Council of the City of San Clemente held on the ___ dayof ______ ~ _ _, ___ __, 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 ______ _, ------' Approved as to form:

City Attorney
CITY CLERK of the City of
San Clemente, California
9-15-20 / 9B-19
6-7-22 / 4L-28
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AGENDA REPORT

SAN CLEMENTE CITY COUNCIL MEETING
Meeting Date: June 7, 2022
Agenda Item 4L
Approvals:

City Manager !,7 --1)
Dept. Head ~
Attorney Cl"
Finance ~;v--""
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Prepared By:

Subject:

Fiscal Impact:

Summary:

Discussion:

Public Works / Engineering
Zak Ponsen, Acting Deputy Public Works Director
APPROVAL OF SPEED CUSHIONS ON THE 100 BLOCK OFAVENIDA BARCELONA.

Yes. If approved, the traffic calming project budget would be reduced by the estimated speed cushion construction cost which is currently $40,000. The City has an Air Quality Improvement Fund with an amount of $80,000 allocated for traffic calming projects. There are available funds in the Fiscal Year 2022 Traffic Calming budget for this project.

The Planning Commission and staff recommend City Council approval for the use of speed cushion traffic calming devices on the 100 block of Avenida Barcelona.

A petition was received in July 2021 requesting an evaluation for speed cushions on the 100 block of Avenida Barcelona. Speed cushions are a traffic calming option available as part of the traffic calming program. The petition cited high traffic volumes and speeds that often exceed the speed limit. The petition was processed by staff in accordance with the City's adopted Traffic Calming Policy and Resource Manual and the results are presented below.

Part 1 - Speed Cushions on 100 block of Avenida Barcelona The process for evaluating a street for potential speed cushions involves two separate studies. The first is to review the project per the Traffic Calming Policy and Resource Manual. This is done in order to determine if the street qualifies for implementing traffic calming devices. If a speed cushion project meets the criteria of the Traffic Calming Policy and Resource Manual, it will then proceed to be analyzed per the City's specific speed hump/cushion policy.

Based on the City's Traffic Calming Policy and Resource Manual, the street met the minimum required point score to qualify for traffic calming treatments and satisfied the 67% support requirements. The data did indicate notable volume (2,212 vehicles per day) and 85th percentile speed (30 miles per hour (mph)) on the street.

Engineering Agenda Report
6-7-22 / 4L-1
Agenda Report Page 2
Since the project met the minimum requirements to qualify for traffic calming, It was ( then analyzed per the City's specific speed hump/cushion policy, Avenida Barcelona meets the basic speed hump/cushion policy criteria for speed cushion installation, with the exception that the 85th percentile speed is slightly lower than required 32mph criteria. When all basic speed cushion criteria are met, a street can move forward to the Planning Commission if a majority (greater than 50%) are in favor of installation.

If any criteria are not met (such as this project), a street can still move forward for Planning Commission consideration if at least 67% are in favor of installation. The petition received in July 2021 indicates that 43 of 48 parcels fronting the 100 block of Avenida Barcelona are in favor of installing speed cushions. This response translates to 90% in favor of installation, exceeding the minimum 67% requirement. Although the 100 block of Avenida Barcelona does not meet all the required criteria of the more detailed speed hump/cushion policy, staff is favorable of recommending speed cushion being installed due to the special circumstances of this block. This block includes a signalized intersection at its eastern connection to El Camino Real, and therefore serves for as a focal point for both local and out of town travelers . . Staff prepared an exhibit (Attachment 1) showing proposed speed cushion locations.

The exhibit was shared with residents, particularly with those that had a speed cushion proposed to be located on their frontage. All adjacent residents have indicated support for the speed cushion locations as shown on Attachment 1.

The Item was considered by the Planning Commission on May 4, 2022 (refer to Attachment 2 for this report to Planning Commission). The Planning Commission ( recommended the use of speed cushions on the 100 block of Avenida Barcelona; however, there was discussion after a public letter was received requesting a third row of speed cushions, reconfigured street striping, and a reconfiguration of the intersection of Avenida Barcelona and South Ola Vista. During those Planning Commission discussions it was determined that since those new design considerations were not a part of the publically noticed agenda item, that those Items could not be considered at that time. The Planning Commission was favorable of adding language to their approval that the City Council direct staff to report back to the Planning Commission at a later date with additional traffic calming considerations for potential revised striping and potentially an electronic speed sign.

After the Planning Commission hearing staff received communications from another resident of the 100 block of Avenida Barcelona who was in favor of the project but asked that a third row of speed cushions be installed. The public letters/communications can be found in Attachment 3. All other phone calls received and speakers during the Planning Commission hearing have expressed support for the proposed speed cushions.

As part of the speed cushion analysis staff gets support from the adjacent home owners who reside directly adjacent to the proposed speed cushions. If Council directs staff to add a third row of cushions, this will cause the location of the cushions to be modified. Any such recommendation by City Council should include an approval of the approximate 50% cost Increase, and direct staff to obtain support from the new ( residents that will be directly adjacent the new cushion locations. If Council wishes to add a recommendation for staff to reanalyze the striping and other traffic calming 6-7-22 I 4L-2
Agenda Report
Recommended

Page 3 ends

features on the 100 block of Avenida Barcelona, then staff recommends that the analysis be done after the installation of the speed cushions since the cushions will likely chanqe the street's speed/conditions, etc.

If City Council approves the speed cushion installation, staff recommends that the City Council appropriate required funds from the Traffic Calming budget.

Part 2 - Centerline Delineators at El Camino Real / Esplanade At its September 15, 2020 meeting (see Attachment 4 for agenda report), City Council approved staff's recommendation of installing centerline deiineators on El Camino Real at its Intersection with Esplanade. This alternative was proposed by staff as Alternative 2 to improve traffic safety at the subject location. Most residents on Esplanade favored Alternative 1, which was the addition of left-turn pockets on El Camino Real at Esplanade. However, due to limited right-of-way to provide left-turn pockets on EL Camino Real and the loss of parking spaces on El Camino Real, the majority of business owners fronting El Camino Real had indicated a preference for Alternative 2. In their July 2021 petition, residents on the 100 block of Avenida Barcelona requested, for Alternative 1 to be re-considered since they believe traffic has been increased on Avenida Barcelona due to limiting turns onto Esplanade.

Centerline delineators on El Camino Real were installed on December 7, 2020, so this improvement is still considered a new countermeasure. In addition, in January 2021, City staff received grant funding from Caltrans to conduct a Local Road Safety Plan (LRSP) to address local roadway safety issues and needs. This section of El Camino Real is part of the LRSP analysis. However, due to the fact that the LRSP study has not been completed and it has been a short amount of time since the installation of delineators, very little data is available from a safety perspective. Therefore, staff does not recommend any additional changes or improvements at this point until further evaluation be completed based on adequate data regarding traffic safety and traffic circulation in the study area. If City Council request for further evaluation, staff recommends coming back later when more relevant data is available after the speed cushions on the 100 block of Avenida Barcelona have been in place for at least six months. Public feedback would also be part of the evaluation process.

Action: STAFF AND THE PLANNING COMMISSION RECOMMEND THAT the City Council approve the use of speed cushion traffic calming treatments on the 100 block of Avenida Barcelona and authorize the use of funding from the Traffic Calming Project, CIP No. 39087 to complete the installations.

Attachments: 1. Proposed Speed Cushion Locations

2. May 4, 2022 Planning Commission Report

3. Email/letters from residents.

4. City Council Agenda Report, September 15, 2020
Notification: A notice of intention to consider the staff recommendation was distributed to parcels on the 100 block of Avenida Barcelona and within a 300-foot radius. l:\cd\englneerlnglsecure\admln\2022\ll-7\6·7·22•5r.docx 6-7-22 I 4L-3
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Attachment 2
To:

From:

Subject:

Copies:

ISSUE:

Memorandum
Engineering Division
May 4, 2022
Planning Commission
Zachary Ponsen, Acting Deputy Public Works Director
Speed Cushions on Avenida Barcelona, 100 Block
Kiel Koger, Public Works Director/City Engineer
Jared Streeter, Orange County Sherriffs Department, Administrative Sergeant
Should the Planning Commission forward a recommendation to the City Council to implement speed cushions on the 100 block of Avenida Barcelona?
BACKGROUND:

The City's more specific speed hump/cushion policy indicates that this can move forward for a Planning Commission recommendation after first following the initial traffic calming evaluation (above). Avenida Barcelona meets the basic criteria for speed cushion installation, with the exception that the 85th percentile speed is slightly lower than 32mph. When all basic speed cushion criteria are met, a street Engineering Division Memorandum
6-7-22 / 4L-5
City of San Clemente Page2
can move forward for recommendation If a majority (greater than 50%) are in favor • of Installation. If any criteria are not met, a street can still move forward for Planning Commission recommendation if at leasl67% are.In favor of installation. The petition receivecl in July 2021 indic.ates that 48 of 50 parcels fronting the 100 block of Avenida Barcelona are in favor of installing speed ,cushions. This res15onse translates to 96% in favor of installation, exceeding the minimum 67% requirement.

Staff prepared an exhibit showing proposed speed cushion locations, The exhibit was shared with residents, particularly with those that had a speed cushion proposed to be located on their frontage. All adjacent residents have indicated support for the speed cushion locations as shown on Attachment 3.

If the Planning Commission moves the project forward for City Council consideration, staff will reconimend that the City Council appropriate required funds from the Traffic Calming budget.

Notices were distributed to parcels on and adjacent to the 100 block of Avenida Barcelona to inform that this issue would be considered at this meeting.

Part 2 - Centerline Dellneators at El Camino Real/ Esplanade At its September 15, 2020 meeting (see attachment 1 for agenda report), City Council approved staff's recommendation of installing centerline delineators on El Camino Real at Its Intersection with Esplanade. This alternative was proposed by staff as Alternative 2 to improve traffic safety at the subject location. Most residents on Esplanade favored Alternative ·1, which was the addition of left-turn pockets on El Camino Real at Esplanade. However, due to limited right-of-way to provide leftturn pockets on EL Camino Real and the loss of parking spaces on El Camino Real, the majority of business owners fronting El Camino Real had Indicated a preference for Alternative 2. In their July 2021 petition, residents on Avenida Barcelona requested, for Alternative 1 to be re-considered since they believe traffic has been increased on Avenida Barcelona due to limiting turns onto Esplanade.

Centerline delineators were instalfed on December 7, 2020, so this improvement is still considered as a new countermeasure. In addition, in January 2021, City staff received grant funding from Caltrans to conduct a Local Road Safety Plan (LRSP) to address local roadway safety issues and needs. This section of El Camino Real is part of the LRSP analysis. However, due to the fact that the LRSP study has not been completed and it has been a short amount of time since the installation of dellneators, very little data is available from a safety perspective. Therefore, staff does not recommend any additional changes or improvements at this point until further evaluation be completed based on adequate data regarding traffic safety and traffic circulation In the study area. If City Council asks for further evaluation, staff would recommend coming back later when more relevant data is available after the speed cushions are in place for at least six months. Public feedback would also be part of the evaluation process.
6-7-22 / 4L-6
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City of San Clemente Page 3
RECOMMENDATION:

STAFF RECOMMENDS THAT Planning Commission forward to the City Council a recommendation to approve the use of speed cushion traffic calming treatments on the 100 block of Avenida Barcelona.

Attachments: 1. Location Map

2. City Council Agenda Report, September 15, 2020
l:\cd\englneerlng\secure\admln\plannlng commlsslon\2022\5-4~22\avenlda barcelona\barcelona speed cushlons,docx 6-7-22 I 4L-7
Attachment 3
~rom: pcpubllccomment@san;clemente.org <[email protected]> sent: Monday, Aprll 251 2022 U:13 AM .• . . . . .

Toi Acosta, Lisa <Acostal@san::elemenfe.org>; S<:ott, Meredith <ScottM1@san-clemeri(e,otg>; GallardoDaly, Cecilla <[email protected]>: Atamian, Adam <[email protected]> subject: City of San Clemente, CA: PC Meeting.Public Comment A new entry to a form/survey has been submitted,
Form Name:

Date$Tlme:

Respoll$fl #:

Submitter ID:

IPaddtm:

Plannlns eommfsslon -Public Comment submittal
04/25/202211:13 AM
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23265
2soo:aso2:4600:6aao::4bad
Time to complete: 18 min, , 41 sec, ,
survey Details: Answers only
Pagel
1, BRIAN HASKINS
san Clemente
3,
4, 05/04/,2022
s, speed Cushions On Avenlda Barcelona
6, (o) I request that my below comments be read at the Planning Commission meeting, 7, I live near Barcelona and Ola Vista, Rooently a car rounding the coroer crashed Into my new truck resutlng In a total loss. I helped extricate a man trapped In a car that Impacted a tree across the street, He sustained ~gnlflcant Injury, The next door neighbors' car wat struck a .times by out of control cars. The neighbor West of that was crashed In to also, I have seen many accidents at the Intersection Including ctiivlcle fractures, hit and runs etc, The stallstlc:s of volume and speed do not capture·the nature of the danger, Vehicles acceleratlng up the hill Northbound on Ola Vlsla (a~er ~owing for thll' dips at Esplanade) come to a sweeping right hand tum as they come to the crest of the hill, The surt,ace Is uneven and this leads to an unstable vehicle that loses control, Most of the accldents do not show up In r,1ports. I do strongly support the traffic cal ming measure of Speed cushions, The westernmost cushion should be placed'closer to Ola Vista as It Is acceleration on the first 'straightaway• that creates the problem, Consider 3 cushions, Consider narrowing the Eastbound entrance to 100 block Barcelona with raised dots, Consider a stripe on centerline on the curve near 121 l!Arcelona.

Thank you,
City of San Clemente, CA
This ts en automated message cene,ated by Gfank:111, Please do not reply dl!ectly to thll emal, 6-7-22 / 4L-8
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Very much appreciate the returned call.

Definitely support the Installation of the speed bumps. In my opinion, 3 are needed with the first one being Just below the alley where folks start to pickup speed on the steepest part of the street, second one right at the curve & third one farther down toward Ola Vista.

Thanks,
Kyle Maurer
6-7-22 I 4L-9
Department:

Prepared By:

Subject:

AGENDA REPORT

SAN CLEMENTE CITY COUNCIL MEETING
Meeting Date: September 15, 2020
Public Works / Engineering Division
Nestor Mangohig, Senior Civil Engineer- Traffic
EL CAMINO REAUESPLANADE INTERSECTION SAFETY IMPROVEMENT.

ATTACHMENT 4
Agenda lten-Lj __,_\;) -->;=.-_
Approvals:

City Manager ~
Dept. Head - ~/,5
Attorney ---
Finance ~
Fiscal Impact: Yes. Improvements are estimated between $3,000-$10,000 depending on selected alternative.

Summary: The Planning Commission and staff recommend that the City Council approve the addition of delineators along the centerline of El Camino Real through the Esplanade intersection. This improvement will remove left turn conflict points at the intersection in response to collision history at this location white also maintaining on-street parking on the west side of El Camino Real between Esplanade and Avenida Santiago.

Two modifications that can be implemented quickly are described below:

Advantages:
• A dedicated left turn area would reduce rear-end and broadside-type conflicts by allowing vehicles wishing to make a left turn from El Camino Real to wait for a sufficient gap in oncoming traffic without concern of a car behind them rear ending them. Currently, it appears that some left turn drivers attempt to perform the left tum with less than ideal conflicting gaps.
~ All left turn movements into and out of Esplanade and the commercial driveway opposite Esplanade would be maintained.
• Traffic would not be shifted to adjacent streets.

Public Works Agenda Report 9-1 5-20 / 9B-1
6-7-22 / 4L-10
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Agenda Report Page2
• Improved sight distance for vehicles entering El Camino Real from Esplanade and Avenlda Santiago,
• Alternative 1' allows for additional phased modification If restrictions are found to be necessary beyond left turn pockets. If collision statistics do not demonstrate an improvement, raised delineators can be added on El Camino Real while maintaining the tum pockets. This would remove left turns out of Esplanade and the commercial center onto El Camino Real, b_ut would continue to allow left-in, right-in, and right-out access. If further modification were found to be necessary, Alternative 2 would be proposed.

Disadvantages:'
• Parking cannot be accommodated on the west side of El Camino Real between Esplanade and Avenida Santiago with the addition of left turn pockets at Esplanade. Parking is already prohibited on the west side of El Camino Real from Avenida Barcelona and Esplanade and on the east side of El Camino Real from Avenlda Barcelona to Avenlda Santiago, The recently constructed mixeduse development on the northwest corner of El Camino Real/Avenlda Santiago filled In the site's previous driveway curb cuts on El Camino Real since the project parking supply is accessed from Avenlda Santiago and at the rear of the site via the alley. It should be noted that the development satisfied all of its code-required parking on-site. •
Alternative 2: Addition of delineators along El Camino Real centerline at Esplanade As an alternative to providing left tum pockets on El Camino Real, vertical dellneators can be placed along the El Camino Real centerline In the Esplanade Intersection to restrict all left turns at the location, thereby removing all left turnrelated conflict points at the location. Right-In, right-out access would continue to be maintained at Esplanade and the commercial driveway. This concept Is shown on Attachment 3. •
'
Advantages:
• Conflicting left turn movements would be eliminated from the Intersection, removing the potential for rear-end, broadside, and head-on accidents related to left turns.
• Parking could continue to be accommodated on the west side of El Camino Real between Esplanade and Avenlda Santiago.

Disadvantages:
• Inbound/outbound left turn access for Esplanade and the commercial driveway would be eliminated,
• Left turn commercial vehicle access would increase at the Avenlda Barcelona traffic signal. Periodic disruption of through traffic on El Camino Real may Increase due to left turn queues into the commercial development. • • Traffic would be expected to shift from Esplanade to Avenida Barcelona, Avenlda· Santiago and/or other east/west streets. •
9-15-20 / 9B-2
6-7-22 / 4L-11
Agenda Report Page3
.. Restrictive delineation may need to extend further to the south beyond Esplanade for approximately 50 feet to prevent the conflict area from simply moving to the next driveway that provides access to the commercial center.

Public Input SuNeV
A survey describing the two alternatives above was mailed to the site addresses on El Camino Real from Avenida Cadiz to south of Avenlda Santiago as well as the residents of the 100 blocks of Avenlda Barcelona, Esplanade, and Avenida Santiago; Attachment 4 shows the survey area and the response locations. A total of 168 surveys were mailed and 52 were returned, and results are summarized as follows:
• Alternative 1 - 36 in favor (69%)
• Alternative 2 - 12 in favor (23%)
• Leave as-is - 4 In favor (8%)
The majority of the residential respondents indicated a preference for Alternative 1, which maintains left turn access at Esplanade. This Includes nine 'of nine (100%) of respondents from Avenida Barcelona, twelve of twelve respondents from Avenida Santiago (100%), and five of eight (62.5%) respondents from Esplanade. Residents on Avenida Barcelona and Avenida Santiago ·generally shared a common concern of increased traffic volumes on their residential street that could occur with Alternative 2.

Several TSsldents on Esplanade indicated that they did not want to lose direct access to their street from El Camino Real. • /
• The majority of the respondents fronting El Camino Real indicated a preference for Alternative 2, which removes left tum access at Esplanade and the commercial driveway opposite Esplanade, while maintaining on-street parking on the west side of El Camino Real between Avenlda Barcelona and Esplanade. Eight of ten (80%) of the El Camino Real respondents Indicated a preference for Alternative 2.

At its regular August 19, 2020 meeting (see Attachment 5 for agenda report), the Plannlng Commission voted unanimously to recommend approval of Alternative 2 In order to remove left tum conflict points arid to preserve parking spaces for the adjacent businesses. Staff recommended Alternative 1 at the hearing since it represented an incremental approach to eliminating turning movements at the intersection1 ultimately leading to Alternative 2 if necessary; while also considering survey results citing concern over access and vehicle diversion. Both alternatives are viable and staff supports Implementation of Alteniatlve 2,
Staff is coordinating with the ·orange County Transportation Authority (OCTA) to relocate the southbound OCTA bus stop most recently situated at the northwest comer of El Camino Real/Avenida Santiago, City staff and OCTA both support relocation of the bus stop closer to the Intersection of Avenida Barcelona. Since parking Is currently prohibited In the vicinity of Avenida Barcelona, there would be no impact to on-street pari<lng at that location. The bus relocation allows on°street pari<lng on the west side of El Camino Real, between Esplanade and Avenlda Santiago, to \
remain In place. If the bus stop is not relocated, an additional 70-90 feet of red curb r would be required on the El Camino Real block face north of A','.enlda Santiago \, 9-15"20 / 9B-3
6-7-22 I 4L-12
Agenda Report
Recommended
Page4
(approximately 3 to 4 eliminated on-street parking spaces) in order to satisfy OCTA requirements. Staff is pursuing the bus stop relocation Independent of this item.

At the Planning Commission meeting, resident concern was raised regarding visibility for vehicles entering El Camino Real from Avenlda Santiago. Previous to the recent redevelopment of the parcel on the northwest corner of El Camino Real/Avenlda Santiago, the north side of Avenida Santiago was red curbed which allowed for increased visibility and room for turning vehicles. In order to facilitate turning movements into Avenida Santiago and improve vlslblllty at the corner, red curb is recommended on the north side of Avenida Santiago between the El Cam'lno Real curb return and the mixed-use development driveway (see Attachment 6). When cars are parked on both sides of Avenlda Santiago near El Camino Real, sight distance Is limited and the narrow remaining roadway width makes It difficult for vehicles to turn from El Camino Real onto Avenlda Santiago without crossing the centerline. The resolution to fonmally enable the proposed parking prohibition Is provided In Attachment 7.

It should be noted that City staff anticipates receiving grant funding from Caltrans for purposes of conducting a Local Road Safety Plan (LRSP) in late 2020 or early 2021.

City Council authorized staff to pursue this funding in February 2020. It Is anticipated that 9 citywide LRSP assessment could further evaluate potential additional options at the Intersection and within the vicinity of El Camino Real/Esplanade.

Action: STAFF RECOMMENDS THAT the City Council:

1. Approve the Installation of centerline delineation· on El Camino Real at its Intersection with Esplanade in order to remove left turn conflict points; and

2. Adopt Resolution No. ____ , entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN" CLEMENTE, CALIFORNIA, AMENDING MASTER TRAFFIC RESOLUTNION NO. 1846, ESTABLISHING 'NO PARKING AREAS' ON AVENIDA SANTIAGO."
Attachments: 1. Location Map

2. Alternative 1 - Left Turn Pockets on El Camino Real at Esplanade

3. Alternative 2- Centerline Delineators on El Camino Real at Esplanade

4. Public Input Results

5. Planning Commission Agenda Report, August 19, 2020

6. Location Map-Avenlda Santiago No Parking Area

7. Resolution -Avenlda Santiago No Parking Area
Notification: A notice of Intention to consider this Item was sent to properties within 300 feet of the subject intersection.,
I:\Gd\anglne•rlng\sacure\sdm ln\2020\9-16-20\9-16-20-5r ecr-esplanada,docx 9-15-20 / 9B-4
6-7-22 I 4L-13
ATTACHMENT 1

SUBJECT

LOCATION

CITY OF SAN CLEMENTE
910 Calle Negocio1 Suite 100 t-------- ------------1
San Clemente, CA 92673 EL CAMINO REAL/ESPLANADE
Tel (949) 361-6100
Fax (949) 361-8316 INTERSECTION SAFETY IMPROVEMENT
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CITY OF SAN CLEMENTE
910 Calle Negocio, Suite 100
San Clemente, CA 92673
Tel (949) 361-6100
Fax (949) 361-8316

ALTERNATIVE I

PROPOSED

LEFT TURN POCKETS

EL CAMINO REAL AT ESPLANADE
6-7-22 I 4L-15

CITY OF SAN CLEMENTE
910 Calle Negocio, Suite 100
San Clemente, CA 92673
Tel (949) 361-6100
Fax (949) 361-8316
ALTERNATIVE 2

PROPOSED

CENTERLINE DELINEATORS
El CAMINO REAL AT ESPLANADE
6-7-22 / 4L-16
,,, ~ - SURVEY BOUNDARY:

TOTAL SURVEYS MAJLED = 168
TOTAL SURVEYS RECEIVED = 52
% SURVEYS RECEIVED = 32%
ATTACHMENT L!-
...... --- ur,;,

EL CAMINO REAL/ESPLANADE
INTERSECTION SAFETY IMPROVEMENT·
6-7-22 I 4L-17
To:

From:

Subject:

Copies:

Memorandum
Eng~neerrang Division
August 19, 2020
Planning Commission
Nestor Mangohig, Senior Civil Engineer - Traffic
El Camino Real/Esplanade Intersection Safety Improvement Tom Bonigut, Public Works Director/City Engineer
Ziad Mazboudi, Deputy Public Works Director
ATT ACHMEI\H 5
Paul Ketcham, Orange County Sherriffs Department, Administrative Sergeant ISSUE:

Should the Planning Commission forward a recommendation to the City Council to modify the intersection of E9 Camino Real/Esplanade? BACKGROUND:

Two cost-effective modifications are described below:

Advantages:
• A dedicated left turn area would reduce rear-end and broadside-type conflicts by allowing vehicles wishing to make a left turn from El Camino Real to wait for a sufficient gap in oncoming traffic without concern of a car behind them rear ending them. Currently, it appears that some left turn drivers attempt to perform the left turn with less than ideal conflicting gaps . ., All left turn movements into and out of Esplanade and the commercial driveway opposite Esplanade would be maintained.

Engineering Division Memorandum
9-15-20 I 98-9
6-7-22 / 4L-18
City of San Clemente Page 2
• Traffic would not be shifted to adjacent streets.
• The existing OCTA bus stop at the northwest corner of El Camino • Real/Avenida Santlago serving southbound El Camino Real could remain in place with the addition of left turn pockets.
• Improved sight distance for vehicles entering El Camino Real from Esplanade and Avenida Santiago.
• Alternative 1 allows for additional phased modification if restrictions are found to be necessary beyond left turn pockets. If collision statistics do not demonstrate an improvement, raised delineators can be added on El Camino Real while maintaining the turn pockets. This would remove left turns out of Esplanade and the commercial center onto El Camino Re,il, but would continue to allow left-in, right-in, and right-out access. If further modification were found to be necessary, Alternative 2 would be proposed.

Disadvantages:
• Parking cannot be accommodated on the west side of El Camino Real between Esplanade and Avenida Santiago with the addition of left turn pockets at Esplanade. Parking is already prohibited on.the west side of El Camino Real from Avenida Barcelona and Esplanade and on the east side of El Camino Real from Avenlda Barcelona to Avenida Santiago. The recently constructed mixed-use development on the northwest corner of El Camino Real/Avenida Santiago filled in the site's previous driveway curb cuts on El Camino Real since the project parking supply is accessed from Avenida Santiago and at the rear of the site via the alley. It should be noted that the development satisfied all of its /:ode-required parking on-site . . Altemative 2: Addition of de/lneators along El Camino Real centerline at Esplanade As an alternative to providing left turn pockets on El Camino Real, vertical delineators can be placed along the El Camino Real centerline in the Esplanade intersection to restrict all left turns at the location. Right-in, right-out access would continue to be maintained at Esplanade and the commercial driveway, This concept is shown on Attachment 3.
' Advantages:
• Conflicting left turn movements would be eliminated from the Intersection, removing the potential for rear-end, broadside, and head-on accidents related to left turns.
• Parking could continue to be accommodated on the west side of El Camino Real between Esplanade and Avenlda Santiago.

Disadvantages:
• lnboU(ld/outbound left turn access for Esplanade and the commercial driveway would be eliminated.
• Left turn commercial vehicle access would increase at the Avenida Barcelona traffic signal. Periodic disruption of through traffic on El Camino Real may increase due to left turn queues Into the commercial development. • Traffic would be expected to shift from Esplanade to Avenida Barcelona, Avenida Santiago and/or other east/west streets.
9-15-20 / 9B-10
6-7-22 / 4L-19
City of San Clemente Page 3
• Restrictive delineation may need to extend further to the south beyond • Esplanade for approximately 50 feel to prevent the conflict area from simply moving to the next driveway that provides access to the commercial center.

A public input survey describing the two alternatives above was mailed to the site addresses on El Camino Real from Avenlda Cadiz to south of Avenida Santiago as well as the residents of the 100 blocks of Avenida Barcelona, Esplanade, and Avenlda Santiago. Attachment 4 shows the survey area and the response locations.

A total of 168 surveys were mailed and 52 were returned, and results are summarized as follows:
• Alternative 1 - 36 in favor (69%)
• Alternative 2 - 12 in favor (23%)
• Leave as-is - 4 in favor (8%)
The majority of the residential respondent!\ Indicated a preference for Alternative 1, which maintains left turn access at Esplanade. This Includes nine of nine (100%) of respondents from Avenida Barcelona, twelve of twelve respondents from Avenlda Santiago (100%), and five of eight (62.5%) respondents from Esplanade. Residents on Avenlda Barcelona and Avenlda Santiago generally shared a common concern of Increased traffic volumes on their residential street that could occur with Alternative 2. Several residents on Esplanade indicated that they did not want to lose direct access to their street from El Camino Real.

The majority of the respondents fronting E.I Camino Real indicated a preference for AIJernatlve 2, which removes left tum access at Esplanade and the commercial driveway opposite Esplanade, while maintaining on-street parking on the west side of El Camino Real between Avenida Barcelona and Esplanade. Eight of ten (80%) of the El Camino Real respondents indicated a preference for Alternative 2.

Staff continues to coordinate with the Orange County Transportation Authority (OCTA) regarding placement of ari existing sollthbound OCTA bus stop at the northwest corner of El Camino Real/Avenlda Santiago should Alternative 2 ultimately be selected by City Council, Options being explored include remaining at its current location, moving the stop to the southwest corner of El Camino Real/Avenida Santiago, or moving closer to Avenida Barcelona.

Given the advantages and disadvantages of each alternative, with consideration given to the survey responses, staff recommends Alternative 1. The recommendation attempts to balance safety without burdening the adjacent residential neighborhoods. Although the map shows a 'no new parking' area related to Alternative 1, It is Important to note that much of the block was recently a no parking area prior to redevelopment. Alternative 1 Is viewed as the less restrictive alternative that still provides options up to, and including, implementation of Alternative 2, should it be found that additional modifications are necessary beyond Alternative 1.

Notices were mailed to addresses within 300 feet of the subject intersection to inform that the item woukl be considered at this meeting, and tentatively at the City Council meeting on September 15, 2020.
9-15-20 / 9B-11
6-7-22 / 4L-20
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City of San Clemente Page4
fiECOMMENDATION:

STAFF RECOMMENDS THAT Planning Commission forward to the City Council a recommendation to implement Alternative 1, addition of left turn pockets on El Camino Real at Esplanade.

Attachments: 1. Location Map

2. Alternative 1 - Left Turn Pockets on El Camino Real at Esplanade

3. Alternative 2 - Centenlne Delineators on El Camino Real at Esplanade

4. Public Input Results
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CITY OF SAN CLEMENTE
910 Calle Negocio, Suite 100 t----------------1
San Clemente, CA 92673 El CAMINO REAL/ESPLANADE
Tel (949) 361-6100
Fax (949) 361-8316 INTERSECTION SAFETY IMPROVEMENT
6-7-22 / 4L-22
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CITY OF SAN CLEMENTE
910 Calle Negocio, Suite 100
San Clemente, CA 92673
Tel (949) 361-6100
Fax (949) 361-8316
ALTERNATIVE 1

PROPOSED

LEFT TURN POCKETS

EL CAMINO REAL AT ESPLANADE
6-7-22 I 4L-23
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CITY OF SAN CLEMENTE
910 Calle Negocio, Suite 100
San Clemente, CA 92673
Tel (949) 361-6100
Fax (949) 361-8316
.

ALTERNATIVE 2

PROPOSED

CENTERLINE DEUNEATORS
El CAMINO REAL AT ESPLANADE
6-7-22 / 4L-24
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LEGEND:
f>''W' - SURVEY BOUNDARY:

TOTAL SURVEYS MAILED= 168
TOTAL SURVEYS RECEIVED= 52
% SURVEYS RECEIVED = 32%
,.., (j) -VOTED FOR ALT. 1 (LEFT TURN POCKETS) = 36 \.
,, (II -VOTED FOR ALT. 2 (DELINEATORS} = 12
ATl ACHMENT 4-
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El CAMINO REAL/ESPLANADE

INTERSECTION SAFETY IMPROVEMENT
6-7-22 / 4L-25

NOTTO SCALE
ATTACHMENT 6
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CifJ' of San Clemente
910 Calle Negocio, Suite 100
San Clemente, CA 92673
Tel (949) 361-6100
Fax (949) 361- 8316
,,

PROPOSED PARKING PROHIBITION

ON AVE SANTIAGO
9-15-20 / 98-17
6-7-22 / 4L-26
(
ATTACHMENT 7
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, AMENDING MASTER
TRAFFIC RESOLUTION NO. 1846, ESTABLISHING 'NO

PARKING AREAS' ON AVENIDA SANTIAGO
WHEREAS, the City reviews various locations to improve safety and traffic conditions; and
WHEREAS, the City of San Clemente Planning Commission ("Planning Commission'), at Its regular meeting of August 19, 2020 made a recommendation .to the City of San Clemente City Couricll ("City Council") to establish parking prohibition at the • location fisted below; and
WHEREAS, the City Council has considered the recommendation by the Planning Commission, and the Information provided by City staff and now wishes to Implement the recommended parking prohibition.

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

Section 1. The above recitals are true and correct.

Section 2. The Master Traffic Resolution No. 1846, Section 23, entitled "No Parking Areas", Is hereby amended by adding subsection:

PASSED AND ADOPTED this __ day of ______ ___, __ _
ATTEST:

City Clerk of the City of
San Clemente, California
Mayor Pro Tern of the City of San
Clemente, California
9-15-20 / 9B-18
6-7-22 / 4L-27
Resolution No. Page2

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

CITY OF SAN CLEMENTE )
I, .JOANNE BAADE, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. ___ 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 ______ _, ____ .

Approved as to fonn:

City Attorney
CITY CLERK of the City of
San Clemente, California
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9-15-20/9B-19 ll
6-7-22 / 4L-28
Department:

Prepared By:

Subject:

AGENDA REPORT

SAN CLEMENTE CITY COUNCIL MEETING
Meeting Date: June 7, 2022
Public Works/ Engineering Division
Zak Ponsen, Acting Deputy Public Works Director}/
Fatana Ternary, Management Analyst
Agenda Item 4 fr\
Approvals:

City Manager
Dept. Head
Attorney ~~ ._)
Finance ~
RENEWED MEASURE M2 ANNUAL FUNDING ELIGIBILITY - FISCAL YEAR 2022-2023.

Fiscal Impact: Yes. The recommended action will continue the City's eligibility for receiving Measure M2 funds.

Summary: In Fiscal Year 2022-2023, the City is estimated to receive $1.3 million from Measure M2 Local Fair Share allocations once all eligibility requirements are fulfilled.

Staff recommends that the City Council approve the proposed 2022 Measure M2 Seven-Year Capital Improvement Program and authorize the Director of Public Works to submit the City of San Clemente's Measure M2 eligibility submittals to the Orange County Transportation Authority (OCTA). The purpose of this action is to maintain eligibility for funding under the Orange County Renewed Measure M Programs.

Background: In November 1990, the Orange County voters approved Measure M, a one-half percent sales tax increase for 26 years, to fund transportation projects in Orange County. Furthermore, in November 2006, the voters approved Renewal of Measure M (M2) for an additional thirty years, that became effective in April 2011. County-wide Measure M2 improvement projects include upgrading major freeway and rail transit system, maintaining streets and roads, synchronizing traffic signals countywide and implementing environmental cleanup program.

Discussion: The renewed Measure M Ordinance requires local jurisdictions to annually submit specific documentation to the OCTA. Local jurisdictions must meet the following requirements to be eligible for fair share and competitive M2 funds:
• Adopt and update a seven-year Capital Improvement Program (CIP). The attached CIP list includes all capital transportation projects proposed from Fiscal Years 2022-2023 through 2028-2029. (Attachment 1 ). • Adopt a General Plan Circulation Element consistent with the Master Plan of Arterial Highways (MPAH). This was submitted in FY 21/22, therefore the next update is not due until FY 23/24.
~ Submit a Pavement Management Plan (PMP) update biennially to OCT A.

The updated PMP was submitted in FY 21/22, therefore the next update is not due until FY23/24.

Engineering Agenda Report
6-7-22 I 4M-1
Agenda Report
Recommended

Page 2 ends

• Adopt and provide an annual Expenditure Report to OCTA within six months of end of fiscal year (due by December 31, 2022).
• Adopt and maintain a Local Signal Synchronization Plan (LSSP) every three years. Staff submitted an updated plan in FY 21/22, therefore the next submittal is not due until FY 24/25.
• Satisfy Maintenance of Effort (MOE) requirements.
• Agree to expend all Local Fair Share revenues received through Renewed Measure M within three years of receipt.
• Participate in traffic forum (City Staff has participated in various working group sessions hosted by OCTA).
• Establish a policy which requires new development to pay its fair share of transportation related improvements associated with their new development. The City's Regional Circulation Financing & Phasing Program (RCFPP) fulfills this requirement.
• Provide OCTA with a Project Final Report within six months following completion of a project funded with net revenues.
• Agree that Net Revenues shall not be used to supplant developer funding. • Consider, as part of eligible jurisdiction's General Plan, land use and planning strategies that accommodate transit and non-motorized transportation. The General Plan update included policies and language that encourage and facilitate transit and non-motorized transportation options.
• Comply with the conditions and requirements of the Orange County Congestion Management Program (CMP). The City is required comply with the County's CMP such as traffic level of service (LOS).

Staff has prepared the necessary submittal documents to satisfy the requirements and demonstrate eligibility for receiving Measure M2 funds.

Action: STAFF RECOMMENDS THAT the City Council:

1. Approve the 2022 Measure M2 Seven-Year Capital Improvement Program for Fiscal Years 2022-2023 through 2028-2029; and

2. Authorize the Public Works Director/ City Engineer to submit Measure M2 funding eligibility requirements on behalf of the City of San Clemente to the Orange County Transportation Authority.
6-7-22 I 4M-2
Agenda Report Page 3
Attachment: Seven-Year CIP Program
Notification: None
s:\cdlengi neeri ng\secure\ad min\2 022\6-716-7-2 2-3r .docx 6-7-22 I 4M-3
Orange County Transportation Authority
FY 2022/23 - FY 2028/29 Capital Improvement Program
TIPID CP-1!48I
Local Project Number:

Additional Project IDs:

Type of Work: Road Maintenance
Type of Work Description: Road Maintenance - Alleys
Limits
Citywide
Project Notes
Other Fund = Street Improvement Fund
Lasl R8'11Sed: 22-00 - Subnu!ted
TIP ID CP-I100I
Local Project Number:

Additional Project IDs:

Type of Work: Road Maintenance
Type of Work Description: Road Maintenance -
Reconstruction of roadway
Limits
Citywide
Proj ect Notes
Lasi Revised 22-00 • Sullmitled
T.IP ID CP-11005
Local Project Number:

Additional Project IDs:

Type of Work: Road Maintenance
Type of Work Description: Road Maintenance -
Rehabilitation of roadway
Limits
Various Streets
Project Notes
Last Revi$1=d 22-00 - Subrrn!ted
Project Title
Alley Pavement Rehabilitation
Project Description
IMPLEMENTING AGENCY San Clemente. c,t _.

This project consists of grinding, reconstructing deteriorated pavement areas, replacing failed curb and gutter, curb ramps, alley gutters, and overlaying the existing pavement. This project is part of a several year program to rehabilitate the City

FISCAL YEAR FUND TYPE ENG
2023 Other $90,000
$90,000

ROW CON/IMP
$0 $600,000

O&M TOTAL TOTAL ESCALATED
so $690,000 $708,000
2024 Other
Totals: $180,000 $0
Project Title
Annual Arterial Street Pavement Maintenance
Project Description
$600,000 $0 $690,000 $726,540
$1,200,000 $0 $1,380,000 $1,434,540
Total Programmed: $1,380,000
IMPLEMENTING AGENCY San Cle111enl0. Cily of
The project will reconstruct deteriorated pavement areas, crack seal and slurry seal the existing pavement. As a part of the project, the City will repurpose the travel lane alignments to best serve the users of the roadway

FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2023 Gas Tax $100,000 $0 $1,400,000 $0 $1,500,000 $1,542,000 2024 Gas Tax $100,000 $0 $1.400,000 $0 $1 ,500,000 $1,585,260 2025 Gas Tax $100,000
2026 Gas Tax $100,000
2027 Gas Tax $100,000
2028 Gas Tax $100,000
2029 Gas Tax $100,000
$0 $1,400,000 $0 $1,500,000 $1,629,818
$0 $1.400,000 $0 $1,500,000 $1,675,712
$0
$0
$0
$1,400,000
$1,400,000
$1 ,400,000
$0 $1,500,000 $1,722,984
$0 $1,500,000 $1,771,673
$0 $1,500,000 $1,821,823
Totals: $700,000 $0 $9,800,000 $0 $10,500,000 $11,749,270 Project Title
Annual Street Rehabilitation Project
Project Description
Total Programmed: $10,500,000
IMPLEMENTING AGENCY San Clemente City of
The project Involves performing removal and reconstruction of damaged and deteriorated portions of the street pavement and overlaying the entire segment of pavement with approximately 2" of Asphaltic Cement.

FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2023 General Fund $0 $0 $550,000 so $550,000 $566,500
2024 General Fund $0 $0 $550,000 $0 $550,000 $583.495
2025 General Fund $0 $0 $550,000 $0 $550,000 $601,000
2026 General Fund $0 $0 $550,000 $0 $550,000 $619,030
2027 General Fund $0 $0 $550,000 $0 $550,000 $637,601
2028 General Fund $0 $0 $550,000 $0 $550,000 $656,729
2029 General Fund $0 $0 $550,000 $0 $550,000 $676,431
Totals: $0 $0 $3,850,000 $0 $3,850,000 $4,340,786
Total Programmed: $3,850,000
6-7-22 / 4M-4
TIP ID CP-11302
Local Project Number:

Additional Pr oject IDs:
·e of Work: Road Maintenance
~ of Work Description: Road Maintenance - Slurry
seal of roadway
Limits
City Wide Arterials
Project Notes
L.isl Rev,,eu 22 -00 - Subnutted
TIP ID CP-·I1006
Local Project Number:

Additional Project IDs:

Type of Work: Road Maintenance
Type of Work Description: Road Mainlenance -
Rehabilitation of roadway
Limits
City wide
Project Notes
Other: Street lmprov. Fund
las: Revised 22-00 - Submitted
TIP ID CP-1I008
Local Proj ect Number:

Additional Project IDs:

Type of Work: Road Maintenance
Type of Work Description: Road Maintenance -
Rehabilitation of roadway
Limits
Avenida Montalvo to State Park Entrance
Project Notes
La,1 R0V!Se'1 22-0f) - Subm1lied
Project Title
Arterial Pavement Preservation Program
Proj ect Description
IMPLEMENTING AGENCY San Cl,;mr.nte City of
The City annually budgets to slurry seal City streets identified with the highest need, as determined by staff. The annual Slurry Seal Program extends the life of the existing City streets and delays the need for rehabilitation or reconstruction.

FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2023 Gas Tax S100,000 $0
2024 Gas Tax $100,000 $0
2025 Gas Tax $100,000 $0
2026 Gas Tax S100,000 $0
2027 Gas Tax $100,000 $0
2028 Gas Tax $100,000 $0
2029 Gas Tax S100,000 $0
Totals: $700,000 $0
Project Title
As-Needed Pavement Repairs and Crack Sealing
Proj ect Description
$600.000 $0 $700,000 $718,000
$600,000 $0 $700,000 $736,540
$600,000 $0 $700,000 $755,636
$600,000 $0 $700,000 $775,305
$600,000 $0 $700,000 $795,564
$600,000 $0 $700,000 $816,431
$600,000 $0 $700,000 $837,924
$4,200,000 $0 $4,900,000 $5,435,400
Total Programmed: $4,900,000
IMPLEMENTING AGENCY San Clernente. City of
Contract with construction company to repair and crack seal pavements as needed. This project will address needed pavement structural repairs and crack sealing in an expeditious manner. Types of projects may include specific failed pavemen t sections

FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2023 Other $0 $0 $300,000 $0 $300,000 $309,000
2024 Other $0 $0 $300,000 $0 $300,000 $318,270
2025 Other $0 $0 $300,000 $0 $300,000 $327,818
2026 Other so $0 $300,000 $0 $300,000 $337,653
2027 Other $0 $0 $300,000 $0 $300,000 $347,782
2028 Other $0 $0 $300,000 $0 $300,000 $358,216
2029 Other $0 $0 $300,000 $0 $300,000 $368,962
Totals: $0 $0 $2,100,000 $0 $2,100,000 $2,367,701
Total Programmed: $2,100,000
IMPLEMENTING AGENCY San Cle1nente. City of
Proj ect Title
Avenida Calafia Rehabilitation
Project Description
This project consists of reconstructing deteriorated curb & gutter, access ramps and asphalt pavements. The entire road width will be overlayed with 2 inches of rubberized asphalt.

FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2026 MeasureM2 Local Fairshare $0 $0 $175,000 $0 $175,000 $196,964 2026 Gas Tax $0 $0 $175,000 $0 $175,000 $196,964
2026 General Fund $0 $0 $350,000 $0 $350,000 $393,928
Totals: $0 $0 $700,000 $0 $700,000 $787,856
Total Programmed: $700,000
6-7-22 I 4M-5
TIP ID CP-1I0I0
Local Project Number:

Additional Project IDs:

Type of Work: Intersection
Type of Work Description: Intersection - Other
Limits
The intersection of Avenida Del Mar and Ola Vista
Project Notes
i_ast Revised 22-00 - Submitled
TIPID CP- 1I012
Local Project Number:

Additional Project IDs:

Type of Work: Road Maintenance
Type of Work Description: Road Maintenance -
Rehabilitation of roadway
Limits
Avenida Vista Hermosa to Cl Saluda
Project Notes
Las! R1vised: 22-00 - Subniilted
TIPID CP-1I0 I6
Local Project Number:

Additional Project IDs:

Type of Work: Traffic Signals
Type of Work Description: Traffic Signals - Replace
and upgrade traffic signals and equipment
Limits
Avenida Palizada/ 1-5 N/B On Ramps/ El Camino Real
Project Notes
IMPLEJ\ilENTING AGENCY San CIPrr1enie. C1ly of
Project Title
Avenida Del Mar at Ola Vista Intersection Control lmprovemenls Project Description
Signal modification to add pedestrian scramble. Evaluate and conslruct pedestrian upgrades including curb Pl,, outs and ADA compliant pedestrian ramps with pavers.

FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2026 Gas Tax $0 $0 $375,000 $0 $375,000 $422,066
2026 Unfunded/Unknown $0 $0 $1 ,125,000 $0 $1,125,000 $1,266,197 Totals: $0 $0 $1 ,500,000 $0 $1,500,000 $1 ,688,263
Project Title
Avenida La Pata
Project Description
Total Programmed: $1,500,000
IMPLEMENTING AGENCY Sc1n Clemente. City of
Rehabilitating deteriorated pavements and upgrading deficient curb, gutter. access ramps . The entire road width will be overlayed with 2-inches of rubberized asphalt.

FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2026 Unfunded/Unknown $0 $0 $900,000 $0 $900,000 $1 ,012,958 2026 Gas Tax $0 $0 $300,000 $0 $300,000 $337,653
Totals: $0 $0 $1,200,000 $0 $1,200,000 $1,350,611
Project Title
Avenida Palizada Corridor
Project Description
Total Progr.immed: $1 ,200,000
IMPLEMENTING AGENCY San Clemente. City of
Upgrade existing Traffic Signal including Battery Backup, Emergency Preemption. and Interconnection to adjacent signalized intersection

FISCAL YEAR FUND TYPE
2024
2024
Unfunded/Unknown
Gas Tax

ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED
$17,500 $0 $250,000 so $267,500 $282,725
$17.500 $0 $250,000 so $267,500 $282,725
Totals: $35,000 $0 $500,000 $0 $535,000 $565,450
Lasl Revised: 22-00 - Sub1111tted Total Progrnmmed: $535,000 TIP ID CP-1I02 I IMPLEMENTING AGENCY San Clemenle. City of Local Project Number: Project Title
Additional Project IDs: Avenida Pico Bicycle Path Phase II Type of Work: Bikeways Project Description
Type of Work Description: Bikeways - New bike route Construct new bicycle path. approximately 2 miles on both sides of Avenida Pico.

Limits FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED From 1-5 to El Camino Rea 2024 Unfunded/Unknown $0 $0 $1,250,000 $0 S1 ,250,000 $1 ,326.125 Projecl Notes 2025 Unfunded/Unknown $0 $0 $1,250.000 $0 S 1,250,000 $1,365,909 Totals: $0 $0 $2,500,000 $0 $2,600,000 $2,692,034
Las! Ftev,sed 22-00 .. Subm1t1e<J Total Programmed: $2,500,000 6-7-22 / 4M-6
TIP ID CF'-1 1023
Local Project Number:

Additional Project IDs:
- ·oe of Work: Bikeways
e of Work Description: Bikeways - New bike route
Limits
Avenida Navarro to 1-5 ramps
Project Notes
Last Revised. 22-00 - Submitted
TIP ID CP-11 026
Local Project Number:

Additional Project IDs:

Type of Work: Bikeways
Project Title
Avenida Pico Bicycle Path Phase Ill
Project Description
IMPLEMENTING AGENCY San Cl~•nenle Cily of
Construct tunnel under fwy 1-5 to connect Avenida Pico bicycle path project phases 1 and 2.

FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2024 Unfunded/Unknown $0 $0 $1 ,000,000 $0 $1 ,D00,000 $1 ,060,900 2025 Unfunded/Unknown $0 $0 $5,000,000 $0 $5,000,000 $5,463,635 2026 Unfunded/Unknown $0 $0 $10,000,000 $0 $10,000,000 $11,255,088 2027 Unfunded/Unknown $0 $0 $1,000,000 $0 $1 ,000,000 $1 ,159,274 Totals: $0 $0
Project Title
Avenida Pico Class 1 Bicycle Path Phase I
Project Description
$17,000,000 so $17,000,000 $18,938,897
Total Programmed: $17,000,000
IMPLEMENTING AGENCY S11n Clemente City of
Type of Work Description: Bikeways - New bike route Construct new bicycle path, approximately 2 miles on both sides of Avenida Pico.

Limits FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED Calle Frontera $1,748,363 to Camino Vera Cruz 2025 Developer $0 $0 $1,600,000 $0 S 1,600,000 Project Notes
Developer: RCFPP fund
Las: Revised 22-00 • Subniitte<J
TIPI0 CP- I1 477
Local Project Number: 17337
Additional Project IDs:

Type of Work: Bikeways
oe of Work Description: Bikeways - Widening of
sting bike route
Limits
Camino Vera Cruz to Calle Frontera
Project Notes
RCFPP Fund
L3st Revised: 22--00 - Submitted
TIP ID CP-11033
Local Project Number:

Additional Project IDs:

Type of Work: Road Maintenance
Type of Work Description: Road Maintenance • Rehabilitation of roadway Limits
Avenida Vista Hermosa to Camino La Padriza
Project Notes
Lasl Revi,eu. 22-00 • Subm1H0a
Totals: $0 so $1,600,000
Project Title
Avenida Pico Class 1 Bike/Ped Path (Frontera to Vera Cruz) Project Description
$0 $1,600,000 $1,748,363
Total Programmed: $1,600,000
IMPLEMENTING AGENCY San Clenienle City of
This project will construct a Class I Bike/Pedestrian Path adjacent to weslbound Avenida Pico between Gamin~ Vera Cruz and Calle Frontera.

FISCAL YEAR
2024

FUND TYPE ENG ROW CON/IMP
Developer SO $0 $1,600,000
Project Title
Avenida Pico Rehabilitation Phase 5
Project Description
$0 $1,600,000

O&M TOTAL
$0 $1,600,000
$0 $1,600,000

TOTAL ESCALATED
$1,697,440
$1,697,440
Total Programmed: $1,600,000
IMPLEMENTING AGENCY S3n Clemente. City of
Rehabilitating deteriorated pavements and upgrading deficient curb, gutter, access ramps. The entire road width will be overtayed with 2-inches of rubberized asphalt.

FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2024 Unfunded/Unknown $0 $0 $222,500 $0 $222,500 $236,050 2024 Gas Tax $0 $0 $222,500 $0 $222,500 $236,050
2025 Unfunded/Unknown $0 $0 $222,500 $0 $222,500 S243, 132 2025 Gas Tax $0 SO $222,500 $0 $222,500 $243,132
Totals: $0 $0 $890,000 $0 $890,000 $958,364
Total Programmed: $890,000
6-7-22 I 4M-7
TIP ID CP- Ii 039
Local Project Number:

Additional Project IDs:

Type of Work: Road Widening
Type of Work Description: Road Widening - Widen
width of existing traffic lanes
Limits
1-5 freeway to Avenida Frontera
Project Notes
Last Revised 22-00 . Subrnnicd
TIP ID CP- 1I0 I9
Local Project Number:

Additional Project IDs:

Type of Work: Intersection
Type of Work Description: Intersection - Add left turn
and lighl tum lanes to intersection
Limits
Avenida Pico and Avenida la Pala
Project Notes
Developer: Reg. Circ. Financing & Phasing Program
(RCFPP)
Last Revised 22-00 - Submitted
TIP ID CP-1I040
Local Project Number:

Additional Project IDs:

Type of Work: Traffic Signals
Project Title
Avenida Pico Widening
Project Description
Widen the street to include bike lanes in each direction.

IMPLEMENTING AGENCY 5an Cl,;,rncrle C,Jy of

FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2025 Developer $0 $0 $375,000 $0 $375,000 $409,773
2026 Unfunded/Unknown SO $0 S375,000 $0 $375,000 $422,066 Totals: $0 $0 $750,000 $0 $750,000 $831,839
Total Programmed: $750,000
IMPLEMENTING AGENCY San Cle•nenl.e. City of
Project Title
Avenlda Pico and Avenida la Pata Intersection Improvements Project Description
Intersection modification will include construction of a free slb right turn from l a Pata to Pico. The project also includes all signal modifications.

FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2024 Traffic Impact Fees $0 $0 $100,000 so $100,000 $106,090 2025 Traffic Impact Fees $0 $0
Totals: $0 $0
Project Title
Avenida Presidio/1-5 SB Ramps/Avenida De La Estrella
Project Description
$400,000 so $400,000 $437,091
$500,000 $0 $500,000 $543,181
Total Programmed: $500,000
IMPLEMENTING AGENCY San Clemen!~. City of
Type of Work Description: Traffic Signals - Install new Install new traffic signal including Battery Backup, Emergency Preemption, and interconnection to adjacent traffic signals and equipment signalized intersection.

Limits
Avenida Presidio/1-5 SB Ramps/Avenida De La Estrella
Project Notes
Last Revised: 22-00 - Submitted
TIP ID CP-1I04 I
Local Project Number:

Additional Project IDs:

Type of Work: Road Maintenance
Type of Work Description: Road Maintenance -
Rehabilitation of roadway
Limits
From Cl Monserrat to Vista Valinda
Project Notes
Lasl Revised. 22-00 - Submittad

FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2026 Unfunded/Unknown $0 $0 $250,000 $0 $250,000 $281,377 2026 Gas Tax $0 $0 $250,000 $0 $250,000 $281 ,377
Totals: $0 $0 $500,000 $0 $500,000 $562,754
Project Title
Avenida Salvador Phase 1
Project Description
Total Programmed: $500,000
IMPLEMENTING AGENCY San Clementa. Cily or
Rehabilitating deteriorated pavements and upgrading deficient curb, gutter, access ramps. The entire road width will be overlayed with 2-inches of rubberized asphalt.

FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2025 Measure M2 Local Fairshare $0 $0 $40,000 $0 $40,000 $43,709 2025 Unfunded/Unknown SO $0 $80,000 $0 $80,000 $87,418
2025 Gas Tax $0 $0 $40,000 $0 $40,000 $43,709
Totals: $0 $0 $160,000 $0 $160,000 $174,836
Total Programmed: $160,000
6-7-22 I 4M-8
TIP ID CP-II 042
Local Project Number:

Additional Project IDs:
- ·'le of Work: Road Maintenance
e of Work Description: Road Maintenance -
.,nabilitation of roadway
Limits
Presidio to 300' N. of Malaguena
Project Notes
Last Revised· 22-00 - Subm,tte,1
TIP ID CP-11043
Local Project Number:

Additional Project IDs:

Type of Work: Intersection
Type of Work Description: Intersection - Other
Limits
Avenida San Gabriel / Avenida San Pablo
Project Notes
l.asl Revised 22-00 - Suhrniited
TIP ID CP-11046
Local Project Number:

Additional Project IDs:
~·oe of Work: Road Maintenance
Je of Work Description: Road Maintenance -
.. ~construction of roadway
Limits
Acapulco to cul de sac
Project Notes
L~st Revisecl. 22-00 - Sub,rnt!ecl
TIP ID CP-1I047
Local Project Number:

Additional Project IDs:

Type of Work: Road Maintenance
Type of Work Description: Road Maintenance -
Rehabililation of roadway
Limits
Seville to Del Mar
Project Notes
Project Title
Avenida Salvador Phase 2
Project Description
IMPLEMENTING AGENCY Sc;n Clemente C,ty or
Rehabilitating deteriorated pavements and upgrading deficient curb, gutter, access ramps. The entire road width will be overlayed with 2-inches of rubberized asphalt.

FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2026 Unfunded/Unknown $0 $0 $205,000 $0 $205,000 $230,729 2026 Gas Tax $0 $0 $102,500 $0 $102,500 $115,365
2026 Measure M2 Local Fairshare $0 $0 $102,500 $0 $102,500 $115,365 Totals: $0 $0 $410,000 $0 $410,000 $461,459
Total Programmed: $410,000
IMPLEMENTING AGENCY San Clemente c,ty or
Project Title
Avenida San Gabriel/ Avenida San Pablo Intersection Improvement Project Description
Construct drainage, ADA ramps, pedestrian improvements and repave existing roadway.

FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2025 Unfunded/Unknown $0 $0 $187,500 $0 $187,500 $204,886 2025 Gas Tax
Project Title
Avenida San Pablo
Project Description
$0 $0
Totals: $0 $0
$62,500 $0 $62,500 $68,295
$250,000 $0 $250,000 $273,181
Total Programmed: $250,000
IMPLEMENTING AGENCY San Clemente. City of
Rehabilitating deteriorated pavements and upgrading deficient curb, gutter, access ramps. Construct sidewalks and ADA ramps. The entire road width will be overlayed with 2-inches of rubberized asphalt.

FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2027 Measure M2 Local Fairshare $0 $0 $209,250 $0 $209,250 $242,578 2027 Unfunded/Unknown $0 $0 $627,750 $0 $627,750 $727,734 P reject Title
Avenida Santa Barbara
Project Description
Totals: $0 $0 $837,000 $0 $837,000 $970,312
Total Programmed: $837,000
IMPLEMENTING AGENCY San Clemente. City of
This project consists of rehabilitating deteriorated and deficient curb, gutter, access ramps, replacing failed pavement areas, grinding, and overlaying the street with 2-inches of asphalt.

FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2024 Unfunded/Unknown $0 $0 $239,000 $0 $239,000 $253,555 2024 Measure M2 Local Fairshare $0 $0 $119,500 $0 $119,500 $126,778 2024 Gas Tax $0 $0 $119,500 $0 $119,500 $126,778
Totals: $0 $0 $478,000 $0 $478,000 $507,111
Total Programmed: $478,000
6-7-22 I 4M-9
TIPID CP-I 1437
Local Project Number:

Additional Project IDs:

Type of Work: Pedestrian
Type of Work Description: Pedestrian -
Reconstruction or rehabilitation of sidewalk
Limits
Eastern side of Avenida Vicloria, between Coronado
Lane to Monterey Lane
Project Notes
Las l R-:::V!Sdi. 22-00 - Sutiniltl.Ed
TIP ID CP-I·I081
Local Project Number:

Additional Project IDs:

Type of Work: Intersection
Type of Work Description: Intersection - Other
Limits
Avenida Vista Hermosa and Avenida La Pata
Project Notes
Developer: RCFPP
Lost Re,,1set1 22-00 • Subrn1lted
TIP ID CP-11082
IMPLEMENTING AGENCY San CIE,11 i,~nle City of
Project Title
Avenida Victoria Sidewalk Widening
Project Description
This project is the widening of the sidewalk along the Eastern side of Avenida Victoria, between Coronado La to Monterey Lane.

FISCAL YEAR
2023
Project Title

FUND TYPE
General Fund

ENG ROW CON/IMP
$0 $0 $425,000

O&M TOTAL TOTAL ESCALATED
$0 $425,000 $437,750
Totals: $0 $0 $425,000 so $425,000 $437,750
Total Programmed: $425,000
IMPLEMENTING AGENCY San Cltrnenle Cily oi
Avenida Vista Hermosa and Avenida La Pata Intersection Improvements Project Description
Improve and extend the southbound Avenida La Pata right tum pocket onto westbound Avenida Vista Hermosa due to heavy turning movement.

FISCAL YEAR FUND TYPE
2023
2024
Traffic Impact Fees
Traffic Impact Fees

ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED
$150,000 $0 $0 $0 $150,000 S150.000
$0 $0 $550,000 $0 $550,000 $583,495
Totals: $150,000 $0 $550,000 $0 $700,000 $733,495
Total Programmed: $700,000
IMPLEMENTING AGENCY San Cl<"rr1enl~ City of
Local Project Number: Project Title
Additional Project IDs: Avenida Vista Hermosa and Avenida Vera Cruz Intersection Improvements Type of Work: Intersection Project Description
Type of Work Description: Intersection • Add left turn Operational improvements which include adding additional turn lanes. lane(s) to intersection Limits
Avenida Vista Hermosa and Avenida Vera Cruz
Project Notes
Developer: RCFPP Fund + Gas Tax
I.Rs! Revis&rJ 22-00 • Submitted
TIP ID CP-11083
Local Project Number:

Additional Project IDs:

Type of Work: Road Maintenance
Type of Work Description: Road Maintenance -
Rehabilitation of roadway
Limits
Camino De Los Mares to Caballista Del Norte
Project Notes
L%t Rev1s?.d 22-0IJ • Submitted

FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2024 Traffic Impact Fees $200,000 $0 $0 $0 $200,000 $200,000 2025 Traffic Impact Fees $0 $0 $800,000 SO $800,000 $874,182 Project Title
Bonanza
Project Description
Totals: $200,000 $0 $800,000 $0 $1,000,000 $1,074,182
Total Programmed: $1,000,000
IMPLEMENTING AGENCY S~n Clemente City of
This project consists of reconstructing deteriorated curb & gutter, access ramps and asphalt pavements. The entire road width will be overlayed with 2-inches of rubberized asphalt.

FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2026 Unfunded/Unknown $0 $0 $160,000 $0 $160,000 $180,081 2026 Gas Tax $0 $0 $80,000 $0 $80,000 $90,041
2026 Measure M2 Local Fairshare $0 $0 $80,000 $0 $80,000 $90.041 Totals: $0 $0 $320,000 $0 $320,000 $360,163
Total Programmed: $320,000
6-7-22 I 4M-10
TIP ID CP-1I086
Local Project Number:

Additional Proj ect IDs:

T .. .,e of Work: Pedestrian
of Work Description: Pedestrian - New sidewalk
Limits
Ave Del Pon-lente to Ave Buena Vista
Project Notes
Last Rev,serJ 22-00 . Subm,lted
TIP ID CP-1I0%
Local Project Number:

Additional Project IDs:

Type of Work: Road Maintenance
Type of Work Description: Road Maintenance -
Rehabilitation of roadway
Limits
Carretera to Vista Hermosa
Project Notes
last Revisetl 22-00 - Suh111it1ed
TIP ID CP-1·I099
Local Project Number: 17-SCLM-TSP-3877
Additional Project IDs:

Type of Work : Traffic Signals
~ .. oe of Work Description: Traffic Signals -
'Connect traffic signals to improve coordination and
,municalions
Limits
Camino de los Mares to Avenida Pico
Project Notes
Last RevisecJ. 22-00 - Submicted
TIP ID CP- 11093
Project Title
Calle Oso/West El Portal Sidewalk
Project Description
Construct missing sidewalk sections and ADA curb ramps.

IMPLEMENTING AGENCY San Clernente City of

FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2026 Unfunded/Unknown $0 $0 $550,000 $0 $550,000 $619,030 Totals : $0 $0 $550,000 $0 $550,000 $619,030
Project Title
Camino Vera Cruz
Project Description
Total Programmed: $550,000
IMPLEMENTING AGENCY San Clement\1, City of
Rehabilitating deteriorated pavements and upgrading deficient curb, gutter, access ramps. The entire road width will be overlayed with 2-inches of rubberized asphalt.

FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2027 Gas Tax $0 $0 $107,000 $0 $107,000 $124,042
2027 Unfunded/Unknown $0 $0 $214,000 $0 $214,000 $248,085 2027 Measure M2 Local Fairshare $0 $0 $107,000 $0 $107,000 $124,042 Totals: $0 $0
Project Title
Camino Vera Cruz Traffic Signal Synchronization
Project Description
$428,000 $0 $428,000 $496,169
Total Programmed: $428,000
IMPLEMENTING AGENCY San Clemente City of
Upgrade existing traffic signal system and equipment necessary to provide coordination with adjacent signals.

FISCAL FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL

YEAR ESCALATED
2023 Traffic Signal Sync Program
(TSSP) $0 $0 $0 $5,040 $5,040 $5,040
2023 Gas Tax $0 $0 $0 $1 ,260 $1,260 $1,260
2024 Gas Tax $0 $0 $0 $1,260 $1,260 $1,260
2024 Traffic Signal Sync Program $0 $0 $0 $5,040 $5.Q40 $5,040 (TSSP) Totals: $0 $0 $0 $12,600 $12,600 $12,600
Total Programmed: $12,600
IMPLEMENTING AGENCY San Clemente City of
Local Project Number: Project Title
Additional Project IDs: Camino Vera Cruz at Riachuelo Intersection Control Improvements Type of Work: Intersection Project Description
Type of Work Description: Intersection - Roundabout Construct intersection control and other improvements. limits
Camino Vera Cruz at Riachuelo
Project Notes
Last R~vise;j. 22-00 - SuLmitrc:d

FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2027 Unfunded/Unknown SO $0 $500,000 $0 $500,000 $579,637 2027 Gas Tax $0 $0 $250,000 $0 $250,000 $289,819
2027 Measure M2 Local Fairshare $0 $0 $250,000 $0 $250,000 $289,819 Totals: $0 $0 $1,000,000 $0 $1,000,000 $1,159,275
Total Programmed: $1,000,000
6-7-22 / 4M-11
TIP ID CP- 114.'liJ
Local Project Number:

Additional Proj ect IDs:

Type of Work: Road Maintenance
Type of Work Description: Road Maintenance -
Rehabilitation of roadway
Limits
El Camino Real to South Calle Seville
P reject Noles
Last Ravis,,J 22-00 - Submilied
TIPID CP-11 10 1
Local Project Number:

Additional Project IDs:

Type of Work: Pedestrian
Type of Work Description: Pedestrian -Other
Limits
El Camino Real Alley and Avenida Cabrillo
Project Notes
Last Re•ilsed. 22-00 . Subml!l;,d
TIP ID CP- 111 02
Local Project Number:

Additional Project IDs:

Type of Work: Road Maintenance
Type of Work Description: Road Maintenance -
Rehabilitation of roadway
Limits
Avenida Valencia to E San Juan
Project Notes
L,,st Revised 22--00 - Submitted
TIP ID CP-111 05
Local Project Number:

Additional Project IDs:

Type of Work: lnterseclion
Type of Work Description: lnlersection - Other
Limits
El Camino Real and Camino San Clemente
Project Notes
LdSl Revised 22-0u - Submitted
Project Title
Del Mar Street Rehabilitation Project
Project Description
IMPLEMENTING AGENCY San Cl1ernenle City,_,,
Following the completion of the Del Mar Electrical System project, this project will grind and overtay, and restri Avenida Del Mar from El Camino Real to South Calle Seville. Lighting for Community Center ground will be included. Rectangular Rapid

FISCAL YEAR
2024

FUND TYPE
General Fund

ENG ROW CON/IMP O&M TOTAL
$0 $0 $200,000 $0 $200,000

TOTAL ESCALATED
$212,180
Project Title
Downtown Paseos Plan
Project Description
Totals: SO $0 $200,000 $0 $200,000 $212,180
Total Programmed: $200,000
IMPLEMENTING AGENCY S;1n Clern&nte. City oi
Repave alley, construct sidewalk, streetlights, pedestrian bollards and wayfinding signs.

FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2025 General Fund so $0 $200,000 $0 $200,000 $218,545
2026 General Fund $0 $0 $600,000 $0 $600,000 $675,305
Project Title
El Camino Real
Proj ect Description
Totals: SO $0 $800,000 so $800,000 $893,850
Total Programmed: $800,000
IMPLEMENTING AGENCY San Cl;)mcnle City of
Rehabilitating deteriorated pavements and upgrading deficient curb, gutter, access ramps. The entire road width will be overlayed with 2-inches of rubberized asphalt.

FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2023 General Fund $100,000 $400,000 SO $0 $500,000 $512,000 Totals: $100,000 $400,000 $0 $0 $500,000 $512,000
Total Programmed: $500,000
IMPLEMENTING AGENCY San Clem<Jnte. C,ry oi
Project Title
El Camino Real and Camino San Clemente Intersection Control Improvements Project Description
Evaluate, construct pedestrian improvements and upgrades for ADA compliant ramps in pavers, curb pop-outs, bicycle upgrades for existing Class 1/11 bike route, and traffic signal upgrades including protected-permissive left turn for SB N. El Camino R

FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2024 Unfunded/Unknown $300,000 $0 $0 $0 $300,000 $300,000 2025 Unfunded/Unknown $0 $0 $1,300,000 $0 $1 ,300,000 S1 ,420,545 Totals: $300,000 $0 $1,300,000 $0 $1,600,000 $1,720,545 Total Programmed : $1 ,600,000
6-7-22 I 4M-12
TIPID CF'-III0T
Local Project Number:

Add itional Project IDs:

Tupe of Work: Road Maintenance
e of Work Description: Road Maintenance -
. ,econstructlon of roadway
Limits
Citywide
Project Notes
General Fund: Street lmprov. Fund Other: Water
Depree. Reserve Other: Sewer Depree. Reserve
La;t Revised. 22-00 - Submitted
TIP ID CP-11109
Local Proj ect Number:

Additional Proj ect IDs:

Type of Work: Intersection
Type of Work Description: Intersection - Roundabout
'imits
cific Coast Hwy and Camino Capistrano
,-roject Notes
Other: City Local Fund· RCFPP + Gas Tax
I.as! Revised. 22-00 - Submitted
TIP ID CP-11 11 2
Local Project Number:

Additional Project IDs:

Type of Work: Road Maintenance
Type of Work Description: Road Maintenance -
Sludies or PMP updates
Limits
Citywide
Project Notes
Other: Street lmprov. Fund
Ln:;t R-:;vised 22-00 - Subrnitt·1d
Project Title
Major Street Maintenance
Project Description
IMPLEMENTING AGENCY S:111 Clen1enle. City of
The project consists of reconstructing deteriorated and deficient curbs, gutter, curbs ramps, and failed pavement areas will be reconstructed as needed, and the street will be cold milled and paved with a 2-inch cap or slurry sealed as needed.

FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2023 Other $0 $0 S55,000 $0 $55,000 S56,650
2023 General Fund so $0 $495,000 $0 $495,000 $509,850
2024 Other $0 $0 $55,000 $0 $55,000 $58,350
2024 General Fund so $0 $495,000 $0 $495,000 $525,146
2025 Other $0 $0 S55,000 $0 $55,000 $60,100
2025 General Fund so $0 $495,000 $0 $495,000 $540,900
2026 Other $0 $0 $55,000 $0 $55,000 $61 ,903
2026 General Fund so $0 $495,000 $0 $495,000 $557,127
2027 Other so $0 $55,000 $0 $55,000 $63,760
2027 General Fund $0 $0 S495,000 $0 $495,000 $573,841
2028 Other so $0 $55,000 $0 $55,000 $65,673
2028 General Fund so $0 S495,000 $0 $495,000 $591,056
2029 General Fund $0 $0 $495,000 $0 $495,000 $608,788
2029 Other $0 $0 $55,000 $0 $55,000 $67,643
Totals: $0 $0 $3,850,000 $0 $3,850,000 $4,340,787
Total Programmed: $3,850,000
IMPLEMENTING AGENCY San Cl,,mente. City of
Project Title
N. El Camino Real and Camino Capistrano Intersection Control Improvements Project Description
Construct roundabout.

FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2028 Other $0 so
2028 Unfunded/Unknown $0 $0
2029 Unfunded/Unknown $0 $0
2029 Other $0 $0
Totals: $0 SO
Project Title
Pavement Management System Upgrade
Project Description
$100,000 $0 $100,000 $119,405
$100,000 $0 $100,000 $119,405
$1,000,000 $0 $1,000,000 $1,229,874
$1,000,000 $0 $1,000,000 $1,229,874
S2,200,000 SO $2,200,000 $2,698,558
Total Programmed: $2,200,000
IMPLEMENTING AGENCY San Clementg City or
Street pavement inspection and updating city's Street Saver pavement management system required by OCTA every two years

FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2023 Other $50,000 $0 $0 $0 $50,000 $50,000
2025 Other $150,000 $0 $0 $0 $150,000 $150,000
2027 Other $50,000 $0 $0 $0 $50,000 $50,000
2028 Other $150,000 $0 $0 $0 $150,000 $150,000
2029 Other $50,000 $0 $0 $0 $50,000 $50,000
Totals: $450,000 $0 $0 $0 $450,000 $450,000
Total Programmed: $450,000
6-7-22 / 4M-13
TIPID CP- 1112"<"
Local Project Number:

Additional Project IDs:

Type of Work : Road Maintenance
Project Title
Pavement Preservation Program
Project Description
IMPLEMENTING AGENCY San Cl-em?ni;; City of
The City annually budgets to use various preservation methods such as fog seal, slurry seal or other method Type of Work Description: Road Maintenance - Sluny City streets identified with lhe highest need, as determined by staff. The annual Pavement Preservation Progr.,_ seal of roadway extends the life of the e
Limits
Various Locations
Project Notes
Last HevisM. 22-00 - Submllled
TIP ID CP--3563
Local Project Number: 20-SCLM-CBT-3963
Additional Project IDs: 20-SCLM-CBT-3963
Type of Work: Transit
Type of Work Description: Transit - Operations and
Maintenance
Limits
Various locations from San Clemente lo Dana Point
Trolley Stop
Project Notes
MAR 2021 SAR REVIEW: NO PROJECT AMENDMENT
REQUESTED; NO SCHEDULE CHANGES: CA
07/08/21 Project has not started - anticipate working
with OCTA to establish a formal agreement for these
approved funds.

Last Revised 22-00 - Subniilted
TIP ID CP-11797
Local Project Number:

Additional Project IDs:

Type of Work: Environmental Cleanup

FISCAL YEAR FUND TYPE ENG ROW
2023 General Fund $25,000 $0
2024 General Fund $25,000 $0
2025 General Fund $25,000 $0
2026 General Fund $25,000 $0
2027 General Fund $25,000 $0
2028 General Fund $25,000 $0
2029 General Fund $25,000 $0
Totals: $175,000 $0
Project Title
San Clemente Downtown Route Continuation
Project Description

CON/IMP O&M TOTAL TOTAL ESCALATED
$250,000 so $275,000 $282,500
$250,000 $0 $275,000 $290,225
$250,000 $0 $275,000 $298,182
$250,000 $0 $275,000 $306,377
$250,000 $0 $275,000 $314,819
$250,000 so $275,000 $323,513
$250,000 $0 $275,000 $332,468
$1,750,000 $0 $1,925,000 $2,148,084
Total Programmed: $1,925,000
IMPLEMENTING AGENCY San Clemen:e, Cit'f of
Extend Project V funding for the downtown trolley from its current end date of 6/30/2023 through 6/30/2027, to purchase an additional trolley to provide for more rider capacity, additional O&M funds, and service.

FISCAL TOTAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL ESCALATED 2024 PROJECT V - Community $0 $0 $0 $231,745 $231,745 $231,745 Circulators 2024 Other $0 $0 $0 $25,749 $25,749 $25,749
2025 PROJECT V - Community $0 $0 $0 $238,698 $238,698 $238,698 Circulators 2025 Other $0 $0 $0 $26,522 $26,522 $26,522
2026 Other $0 $0 $0 $27,318 $27,318 $27,318
2026 PROJECT V - Community $0 $0 $0 $245,859 $245,859 $245,859 Circulators 2027 PROJECT V- Community $0 $0 $0 $253,234 $253,234 $253,234 Circulators 2027 Other $0 $0 $0 $28,137 $28,137 $28,137
Totals: $0 so $0 $1,077,262 $1,077,262 $1,077,262
Total Programmed: $1,077,262
IMPLEMENTING AGENCY San Cleme,1le. City oi
Project Title
San Clemente Eastern Pico Corridor Runoff Treatment Project Project Description
Type of Work Description: Environmental Cleanup - Automalic Retractable Screen and other debris screens lnslallation of trash capture devices in 100 storm drains in the Easlern Pico Corridor Project Area. or inserts
Limits
City storm drains along Avenida Pico, Avenida La Pata
and Rancho San Clemente commercial industrial park
area.

Project Notes
La51 RF.vised 22-00 - Subn11lt;,,i
FISCAL
YEAR
2023
2023

FUND TYPE ENG
Environmental Cleanup Program (ECP) $0
- Tier 1

ROW CON/IMP O&M TOTAL TOTAL

ESCALATED
$0 $220,000 $0 $220,000 $226,600
Agency Contribution $15,000 $0 $40,000 $0 $55,000 $56,200 Totals: $15,000 $0 S260,000 $0 $275,000 $282,800
Total Programmed: $275,000
6-7-22 I 4M-14
flPID CP- IIII6
Local Project Number: 16-SCLM-CBT-3841
Additional Project IDs:

T.,pe of Work: Transit
e of Work Description: Transit- Rideshare
,grams
Limits
Various locations along OCTA bus routes 191 and 193
Project Notes
Last Re•,ised 22-00 - Submitted
TIP ID CP- I1119
Local Project Number: 16-SCLM-CBT-3840
Additional Project IDs:

Type of Work: Transit
Type of Work Description: Transit - New Service
Limits
Various locations, west of 1-5 in the North Beach Vicinity Project Notes
;t R,;vis,;d 22-00 • Suilrnilled
TIP ID CP-11123
Local Project Number: 18-SCLM-CBT-3914
Additional Project I Os:

Type of Work: Transit
Type of Work Description: Transit - Operations and
Maintenance
Limits
Various locations from San Clemente to Dana Point
Trolley Stop
Project Notes
Las! Revis~U 22 .. 00 - Subrnllletl
TIPID CP-11 478
Local Project Number:

Additional Project IDs:

Type of Work: Pedestrian
Type of Work Description: Pedestrian - New sidewalk
Limits
100 and 200 blocks of Avenida Cabrillo
Project Notes
Project Title
San Clemente Rideshare Services
Proj ect Description
IMPLEMENTING AGENCY San Clement•, City of
This project is to provide rideshare services for two years along exisling bus routes 191 and 193.

FISCAL
YEAR
2023
2023
2024
2024
Project Title

FUND TYPE
PROJECT V - Community
Circulators
General Fund
General Fund
PROJECT V - Community
Circulators
San Clemente Summer Trolley Project V
Project Description
ENG ROW CON/IMP O&M TOTAL IQI81

ESCALATED
$0 $0 $0 $182,880 $182,880 $182,880
$0 $0 $0 $20,320 $20,320 $20,320
$0 $0 $0 $20,320 $20,320 $20,320
$0 $0 $0 $182,880 $182,880 $182,880
Totals: $0 $0 $0 $406,400 $406,400 $406,400
Total Programmed: $406,400
IMPLEMENTING AGENCY San Clemente. City of
Daily operation of San Clemente Trolley from Memorial Day weekend to end of September each summer.

Starting in 2019, the City started operating two distinct trolley routes: the Downtown Route and the Northern Route to connect with the City of Dana Po
FISCAL
YEAR
2023
2023
Project Title

FUND TYPE
General Fund
PROJECT V - Community
Circulators
$0 so
$0 so
Totals: $0 $0
$0
$0
$0
TOTAL
$43,853 $43,853
TOTAL

ESCALATED
$43,853
$382,716 $382,716 $382,716
$426,569 $426,569 $426,569
Total Programmed: $426,569
IMPLEMENTING AGENCY San Clementt::, City of
San Clemente Summer Trolley Project V Expansion
Project Description
This summer the service would expand from weekends (Friday through Sunday) to daily service. The summer season would start on the Memorial Day weekend as it did last year. but the summer operating season would be expanded through the end of September
FISCAL
YEAR
2023
2023

FUND TYPE
PROJECT V - Community
Circulators
General Fund

ENG ROW CON/IMP O&M TOTAL

ESCALATED
$0 $0 $0
$0 $0 $0
$272,923 $272,923 $272,923
$34,077 $34,077 $34,077
Totals: $0 $0 $0 $307,000 $307,000 $307,000
Project Title
Sidewalk lmprovements/CDBG FY 2022
Project Description
Total Programmed: $307,000
IMPLEMENTING AGENCY San Clemen);;, City of
The CDBG Sidewalk Improvements Program was developed to install missing sidewalk sections within the CDBG target area. The 2022 project will install sidewalk along the south side of the 100 and 200 block of Avenida Cabrillo within the CDBG target a
FISCAL
YEAR
2023

FUND TYPE
Community Development Block
Grant

ENG ROW CON/IMP O&M TOTAL TOTAL

ESCALATED
$0 $0 $290,820 $0 $290,820 $299,545
Totals: $0 $0 $290,820 $0 $290,820 $299,545
Total Programmed: $290,820
6-7-22/4M-15
TIP ID CP-III2~
Local Project Number:

Additional Project IDs:

Type of Work: Pedestrian
Type of Work Description: Pedestrian -
Reconstruction or rehabilitation of sidewalk
Limits
Citywide
Project Notes
Lasl Revised 22-00 - Submllled
TIP ID CP-114 79
Local Project Number:

Additional Project IDs:

Type of Work: Traffic Signals
Type of Work Description: Traffic Signals - Replace
and upgrade traffic signals and equipment
Limits
Citywide
Project Notes
Gas Tax RMRA
Last Reviser! 22-00 - Subn1ilted
TIP ID CP-11I29
Local Project Number:

Additional Project IDs:

Type of Work: Administralion
Type of Work Description:
support for design of project
Administration - Consultant
Limits
Citywide
Project Notes
Other: Street lmprov. Fund
Last Ri:;v1st:tL 22-00 · Submitted
IMPLEMENTING AGENCY San Cle111ente. City of
Project Title
Sidewalk Repair Program
Project Description
The Sidewalk Repair Program was established to repair deficient sidewalks and remove trip hazards throug~ the City. The locations of deficient sidewalks to be repaired and/or replaced are prioritized according to the ext~ of the vertical displa

FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2023 General Fund $0 $0 $150,000 $0 $150,000 $154,500
2024 General Fund $0 $0 $150,000 $0 $150,000 $159,135
2025 General Fund $0 $0 $150,000 $0 $150,000 $163,909
2026 General Fund $0 $0 $150,000 $0 $150,000 $168,826
2027 General Fund $0 $0 $150,000 $0 $150,000 $173,891
2028 General Fund $0 $0 $150,000 $0 $150,000 $179,108
2029 General Fund $0 $0 $150,000 $0- $150,000 $184,481
Totals: $0 $0 $1,050,000 $0 $1,050,000 $1,183,850
Total Programmed: $1,050,000
IMPLEMENTING AGENCY San Clemente. City of
Project Title
Signalized Intersection lmprovemenls
Project Description
This project includes improvements to: 1) install yellow reflective backplates to all traffic signal heads; 2) replace and upgrade internally illuminated street name signs at all intersections; and 3) convert vehicle detection systems from cameras t

FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2023 Gas Tax $0 so $1,100,000 $0 $1,100,000 $1 ,133,000 Totals: $0 $0 $1,100,000 $0 $1,100,000 $1,133,000
Total Programmed: $1, 10or
\
IMPLEMENTING AGENCY San Clemente, City of
Project Title
Street Improvement Design
Project Description
The project consists of rehabilitating various streets deteriorated including sluriy seal and grind and overlay.

FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2023 Other $75,000 $0 $0 $0 $75,000 $75,000
2024 Other $75,000 $0 $0 $0 $75,000 $75,000
2025 Other $75,000 $0 $0 $0 $75,000 $75,000
2026 Other $75,000 $0 $0 $0 $75,000 $75,000
2027 Other $75,000 $0 $0 $0 $75,000 s1s;ooo
2028 Other $75,000 $0 $0 $0 $75,000 $75,000
2029 Other $75,000 $0 $0 $0 $75,000 $75,000
Totals: $525,000 so $0 $0 $525,000 $525,000
Total Programmed: $525,000
6-7-22/4M-1 6
TIP ID CF'-II 10"3
Local Project Number:

Additional Project IDs:
-. •• ~e of Work: Safety
J of Work Description: Safety - Signage
, .. ,tallaUon and/or replacement
Limits
City Wide
Project Notes
Last HeviserL 22-00 • SulJmittad
TIP ID CP-1 1901
Local Project Number:

Additional Project IDs:

Type of Work: Safety
Type of Work Description: Safety - Traffic calming
such as bulbout, chokers, speed hump, etc.

Limits
City wide
Project Notes
~as! Revi~du 22-00 - Submitted
TIP ID CP- 11306
Local Project Number:

Additional Project IDs:

Type of Work: Traffic Signals
Type of Work Description: Traffic Signals - Replace
and upgrade traffic signals and equipment
Limits
Camino Vera Cruz/Plaza Pacifica, Camino Vera
CruzNia Pacifica, Camino Vera Cruz/Calle Paradiso,
and Camino De Los Mares/Calle Nuevo
Project Notes
Project Title
Street Sign Replacement Program
Project Description
IMPLEMENTING AGENCY San cI,,m,mt,, City of
The City of San Clemente is responsible to maintain all roadway signs within the City boundaries on public roads at a minimum level of retroreflectivity at a minimum level of retrorefleclivity that is mandated by the Federal Highway Administration.

FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2023 Gas Tax $0 $0 $100,000 so $100,000 $103,000
2024 Gas Tax $0 $0 $100,000 so S100,000 $106,090
2025 Gas Tax $0 $0 $100,000 $0 $100,000 $109,273
2026 Gas Tax $0 $0 $100,000 so $100,000 $112,551
2027 Gas Tax $0 $0 $100,000 $0 $100,000 $115,927
2028 Gas Tax $0 $0 $100,000 $0 $100,000 $119,405
2029 Gas Tax $0 $0 $100,000 $0 $100,000 $122,987
Totals: $0 $0 $700,000 $0 $700,000 $789,233
Total Programmed: $700,000
IMPLEMENTING AGENCY San Clerncnl,c City of
Project Tille
Traffic Calming Program
Project Description
The Traffic Calming Program enhances safety on the streets and reduces the negative effects of motor vehicles while maintaining acceptable traffic flow. Traffic Calming measures include purchasing new equipment and installation of physical traffic im •

FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2023 Air Quality Management District $0 $0 $80,000 $0 $80,000 $82,400 2024 Air Quality Management District $0 $0 $80,000 $0 $80,000 $84,872 2025 Air Quality Management District so $0 $80,000 $0 $80,000 $87,418 2026 Air Quality Management District $0 $0 $80,000 so $80,000 $90,041 2027 Air Quality Management District $0 $0 $80,000 so $80,000 $92,742 2028 Air Quality Management District $0 $0 $80,000 $0 $80,000 $95,524 2029 Air Quality Management District $0 $0 $80,000 so $80,000 $98,390 Totals: $0 $0 $560,000 $0 $560,000 $631,387
Project TIiie
Traffic Signal Protected/Permissive Conversion
Project Description
Total Programmed: $560,000
IMPLEMENTING AGENCY Snn Clemente Ci!y of
This project will replace several existing protected/permissive signal heads from 'doghouse' style to the more updated and intuitive 'flashing yellow area (FYA)' style.

FISCAL YEAR FUND TYPE ENG ROW CON/IMP O&M TOTAL TOTAL ESCALATED 2023 General Fund $15,000 $0 $135,000 $0 $150,000 $154,050 Totals: $15,000 $0 $135,000 $0 $150,000 $154,050
Total Programmed: $150,000
6-7-22 I 4M-17
Department:

Prepared By:

Subject:

Fiscal Impact:

Summary:

AGENDA REPORT

SAN CLEMENTE CITY COUNCIL MEETING
Meeting Date: June 7, 2022
Public Works / Engineering
Zak Ponsen, Acting Deputy Director of Public Works
Fatana Temory, Management Analyst
Agenda Item 4 N
Approvals:

City Manager '-q,
Dept. Head 7t--- ~ Attorney CJ
Finance r:£:~
RESOLUTION TO DESIGNATE FISCAL YEAR (FY) 2022-2023 STREET REHAB/LITA TION PROJECTS PURSUANT TO SENATE BILL 1 (SB1) THE ROAD REPAIR AND ACCOUNTABILITY ACTOF2017
Yes. The proposed resolution formally designates SB1 gas tax funds to the planned Sidewalk Improvements projects proposed in the Fiscal Year (FY) 2023 Capital Improvement Program. It is estimated that the City will receive approximately $1,460,340 in SB 1 gas tax funds in FY 2023.

The proposed resolution designates the following Sidewalk Improvements projects to receive SB1 gas tax funds:
• Project Title: Sidewalk Improvements -Avenida San Luis Rey, Avenida Santa Margarita, and East Avenida Magdalena
• Project Title: As-Needed Sidewalk Improvements FY 2023 This resolution is required by SB 1 funding requirements.

Background: In April 2017 the Governor signed SB 1 titled "The Road Repair and Accountability Act of 201 7" which provides funding to cities and counties for basic road maintenance, rehabilitation, and critical safety projects on the local streets and roads system. SB 1 increases per gallon fuel excise taxes, diesel fuel sales taxes and vehicle registration taxes, and provides inflationary adjustments to fuel tax rates in future years. Collected tax revenue is deposited into a new Road Maintenance and Rehabilitation Account (RMRA}, and some of this new RMRA funding is apportioned by formula to eligible cities and counties. It is estimated that San Clemente will receive approximately $1,460,340 in RMRA funding in FY 2023. This revenue estimate has been incorporated into the proposed FY 2023 budget.

Discussion: SB1 includes increased transparency and reporting requirements, including a requirement that projects proposed for S81 funding must be designated by resolution.

The proposed FY2023 CIP includes RMRA funding for the proposed Sidewalk Improvements projects. This project will improve public safety and create accessible pedestrian routes in a highly traveled area where sidewalk does not exist. The attached resolution is required by the State to formally designate SB1 gas tax funds to the project.

Public Works Agenda Report 6-7-22 I 4N-1
Agenda Report Page 2
Recommended
Action: STAFF RECOMMENDS THAT the City Council adopt Resolution No. ____ titled "A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2022-2023 FUNDED BY SENATE BILL 1 (SB 1): THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017."
Attachment: Resolution.

Notification: None.
s:\cd\eng i neering\secure\admi n\2022\6-7\6-7-22-1 r .docx 6-7-22 I 4N-2
RESOLUTION NO. ---

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE ADOPTING A LIST OF PROJECTS FOR
FISCAL YEAR 2022-2023 FUNDED BY SENATE BILL 1 (SB
1): THE ROAD REPAIR AND ACCOUNTABILITY ACT OF
2017
WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; and
WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of our City are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and WHEREAS, the City of San Clemente must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project's completion, and the estimated useful life of the improvement; and
WHEREAS, the City of San Clemente, will receive an estimated $1,460,340 in RMRA funding in Fiscal Year 2022-23 from SB 1; and
WHEREAS, this is the sixth year in which the City of San Clemente is receiving SB 1 funding and will enable the City of San Clemente to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and
WHEREAS, the City of San Clemente has undergone a robust public process to ensure public input into our community's transportation priorities/the project list; and WHEREAS, the City of San Clemente determined areas lacking appropriate pedestrian routes in highly traveled areas to develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the communities priorities for transportation investment; and
WHEREAS, the funding from SB 1 will help the City of San Clemente maintain and rehabilitate arterial streets/roads and sidewalks throughout the City of San Clemente this year and into the future; and
6-7-22 / 4N-3
WHEREAS, the 2020 California Statewide Local Streets and Roads Needs Assessment found that the City of San Clemente's streets and roads are in an overall good condition and this revenue will help the City maintain the overall quality of its road system and associated signalized intersection infrastructure; and
WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will have significant positive co-benefits statewide.

NOW, THEREFORE IT IS HEREBY RESOLVED, ORDERED AND FOUND by the City Council of the City of San Clemente, State of California, as follows:

1. The foregoing recitals are true and correct.

2. The following list of newly proposed projects will be funded in-part or solely with Fiscal Year 2022-23 Road Maintenance and Rehabilitation Account revenues:

Project Title: Sidewalk Improvements -Avenida San Luis Rey, Avenida Santa Margarita, and East Avenida Magdalena
Project Description: This project consists of construction of sidewalk and access ramps on Avenida San Luis Rey, Avenida Santa Margarita, and East Avenida Magdalena.

Sidewalk installation should increase public safety and create accessible pedestrian routes in a highly traveled area where sidewalk does not exist. Due to the lack of available street right of way, sidewalk would be built along the City's golf course frontage.

Project Location: Avenida San Luis Rey, Avenida Santa Margarita, and East Avenida Magdalena
Estimated Project Schedule: Start: January 2023 - Completion: June 2023 based on the component being funded with RMRA funds
Estimated Project Useful Life: 20 years
Project Title: As-Needed Sidewalk Improvements FY 2023
Project Description: This sidewalk improvement project will include creating sidewalk in areas where gaps exist in order to help create a continuous sidewalk along blocks of highly traveled streets. Street segments will include filling the missing gaps of sidewalk on South El Camino Real between Avenida Junipero and East Avenida Magdalena.

Project Location: South El Camino Real between Avenida Junipero and East Avenida Magdalena.

Estimated Project Schedule: Start: January 2023 - Completion: June 2023 based on the component being funded with RMRA funds
Estimated Project Useful Life: 20 years
6-7-22 I 4N-4
(
PASSED AND ADOPTED by the City Council of the City of San Clemente, State of California this 7th day of June, 2022.

ATTEST:

City Clerk of the City of San Clemente,
California
Approved as to Form:

City Attorney
Mayor of the City of San Clemente,
California
6-7-22 I 4N-5

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

CITY OF SAN CLEMENTE )
I, JOANNE BAADE, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. ____ was adopted at a regular meeting of the City Council of the City of San Clemente held on the 7th day of June, 2022, 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 June, 2022.

CITY CLERK of the City of
San Clemente, California
6-7-22 / 4N-6
(
Department:

Prepared By:

Subject:

AGENDA REPORT

SAN CLEMENTE CITY COUNCIL MEETING
Meeting Date: June 7, 2022
Beaches, Parks & Recreation
Samantha Wylie, Beaches, Parks & Recreation Director

PARTNERSHIP AGREEMENT FIRST EXTENSION- OCEAN FESTIVAL
• Agi!rida' Item 4 0
Approvals:

City Manager 4)
Dept. Head --- Attorney C;J:

Finance. t{;?v~
Fiscal Impact: Yes, loss of revenue from fee waivers and other services of approximately $50,329.

The services are currently budgeted within the General Fund.

Summary: Staff recommends that Council approve the first 5-year extension available within the San Clemente Ocean Festival partnership agreement, extending the original agreement and any subsequent amendments until June 6, 2027 Background: At its June 6, 2017 meeting, the City Council approved a partnership agreement ("Agreement") by and between the City of San Clemente and the San Clemente Ocean Festival, relating to the annual Ocean Festival event, for a 5-year term with three (3) possible 5-year extensions (Attachment 1 ).

The Agreement includes fee waivers related to the services of City staff and beach and amenity use. The purpose of the Agreement is to provide guidelines for services and beach use as it relates to the annual Ocean Festival event(s).

Discussion: After a two-year hiatus due to the pandemic, the Ocean Festival event has scheduled its return for July 16-17, 2022. The initial 5-year term of the Agreement ends on June 7, 2022. Section 6.1 of the Agreement allows for three possible 5-year extensions dependent on Council action. Staff recommends approval of the first extension.

Recommended
Action: STAFF RECOMMENDS THAT the City Council approve the first extension of Contract C17- 23, a partnership agreement by and between the City of San Clemente and the San Clemente Ocean Festival, relating to the annual Ocean Festival event, for a 5-year term.

Attachments: Ocean Festival Partnership Agreement and First Amendment Notification: Ocean Festival Board President
Recreation Agenda Report 6-7-22 / 40-1

SPECIAL EVENT PARTNERSHIP AGREEMENT

SAN CLEMENTE OCEAN FESTIVAL
ATTACHMENT 1 ' ..

This l'artnership Agreement is entered into this 6th day of JUNE , 20 l 7 (the "Effective Date"), by and between the CITY OF SAN CLEMENTE, a municipal corporation (hereinafter the "CITY") and SAN CLEMENTE OCEAN FESTIVAL (hereinafter the "OCEAN FESTIVAL"), a non-profit 501-<:(4) organiz.ation.

RECITALS:

A. The CITY owns and operates 2 miles of public beaches. A petmit is required for reservations and special event activities by all organizations seeking use.

B. OCEAN FESTIVAL is a non-profit 501 c(4) organization operating since 1975, The primary event activity is athletic competitions (both in water and on sand). Prior to 1976, the event was called the Orange County Beach Games, with the competitions restricted to Lifeguards competing. S!nce 1977, the public has been invited to compete in the contests. Currently, an estimated 700 athletes p.articip11te in 20 contests, The event attracts top competitors throughout the Unites States atld draws thousands ofspectators to the beach. Additio:ially, over the last 25 years, many family· oriented festival activities and exhibits have been added to program, such as sandcastle contest, fishing derby, rubber duck races, Woodie car exhibit, arts and crafts vendor faire, children's pavilion with games, live entertainment and various sponsors. The event attracts i, 50,000 people over the 2 day program.

C. This agreement includes over 30 yean of history coordinating with CITY and describes CITY support and the requirements or regulations for the OCEAN FESTIVAL volunteer organization.

COVENANTS:

Based on the foregoing Recitals and for good and valuable consideration, th,;, receipt and sufficiency of which is acknowledged by the parties, CITY and OCEAN FESTIVAL hereby agree as follows:

I. Partnership Agreement
I. 1. As a material inducement to CITY entering into this Agreement with OCEAN FESTIVAL, OCEAN FESTIVAL agrees and covenants that, during the tenn of this Agreement, OCEAN FESTIVAL shall operate its Program in compliance with the following requirements, and agrees that any failure to strictly comply with any of the following requirements as written in this document is a material breach of this Agl'eelYlent:

I. 1.1. OCEAN FESTIVAL is and shall remain currently registered and active with the Stale of Califomla as a not-for-profit community organuation under Section 501(c)(3) or (c)(4) of the Internal Revenue Code. -I - 6-7-22 I 40-2
J.L2; • OCEAN FESTIVAL is not aware that it is the subject of any formal • • inyestigation by any government agency of the City, the County of Orange, the State of California, or the United States Government. OCEAN FESTN AL shall immediately notify the City in writing if it becomes aware • that OCEAN FESTIVAL is the subject of any formal investigation by a government agency,

1.2, OCEAN FESTIVAL was approved over 30 years ago as a OO•sponsored event, with many partnership agreements established by City Council, Long time benefits include both CITY support and waiver of site fees for the exclusive use of the beach, park, and Pier. Total fees associated with the in-kind costs for staff and loss of revenue are detailed in "Exhibit A".

1.2, l, CITY shall waive fees for its staff support, to include:

I .2.1. l. Increased level of staffing for lifeguards, both for anticipatoo event crowd as well as for dedicated guard service for various athletic events as deemed necessary for safety.

1.2.1.2. Department of Public Works prepan11ions of the beach for increased event crowds,
I .2, 1.3. Control at the gate entry.

1.2.1 .4. Dedicated assistance by Beaches, Parks and Recreation staff to help with logistics on the event, attend meetings, and to coordinate interdepartmental support, and work at the event dates,

1.2.1.5. Access to City Electrical, coordination by City elootrical to manage this in a variety of locations from Pier to base of Pier bowl, stage, ATM, etc.

1.2.2, CITY shall waive foes associated with the following:

1.2.2, I, Exclusive site use of Parque Del Mar, Beach Areas North of Pier to Marine Safety, beach front from South of Piet along asphalt walkway to Tower 2, just north ofT Street concession.

1.2,2,2, A room at the San Clemente Community Center to CQnduct monthly meetings to plan the event.

1.2,2.3. Contract .fees for increased ja.nitorW service of beach restrooms and manpower at the event.

1.2,2.4. Contract fees for waste management, use of dumpsters from CR&R contract, delivery, dump.

1.2.2.5 .. Agreement with San Clemente Police services (OCSD) to manage crowd control on the·beach, and traflk
l.2.2.6. Exclusive use of the Pier for a fimdraiser dinner on 4th of July, .coordinated by Fishennan's restaurant between the restaurant and Zero Tower,

1.2.2,7. Sales of Ocean Festival Event T-Shlrt on multiple weekends leading up to the event.
l.2.2.8. Sound amplification pennit.
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J ,3, OCEAN:-FESTIVAL shall have access to the following sites and locations for ihe duration of the event: •
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l.3, J. North Side of the Pier to Marine Safety:

1.3. l. J .• Water: Water Races (Swims, Dories, Surf, Demo for Jet Skis, • LCAC, Lifeguard and Coast Guards)

1.3. 1.2. Beach: Foot Races, Athlete start/finish lines, Ocean Fest • operations, stage, vendors
l:3.1.3. Volunteer· lnfonnation Booth

1.3.2. Marine Safety:

1.3.2.1. Parking Lot: Storage Trailer, parking for operations, pancake breakfast, dories, buoys

1.3.2.2. Builditlg: (Fitness room) Ocean Festival Operations, count room J.3,2.3, Garage: Signs, Equipment per arrangement

1.3.3, South side of the Pier

1.3,3, I. Beach to Tower #I: Vendors, Rubber Ducks sales, Children's Pavilion
1,3.3,2. Ocean Front to Calafia: Longer Races/ 5 K

1.3.4, Pier

1.3.4.1. Base of Pier: T Shirt Sales, Fishennan's Concessions

1.3.4.2. End of Pier: Fishing Derby

1.3.4.3. Zero Tower-Bulb out: Woodie Car fahibit, Vendora

1.3,5. Parque Del Mar

1.3.5, J, Craft Faire: 35 vendors, ocean related art

1.3.6. Gateway
l.3,6.1. Vendors, Sponsors, Police Assistance for vehicle access

1.4. OCEAN FESTIVAL shall rfX:ognlze CITY on all brochures, flyers, posters, literature, press releases, etc., with the wording, 1'1n partnershJp with CITY OF SAN CLEMENTE."

1.5. OCEAN FESTIVAL shall be responsibli: for all expenses that pertain to their events and fundialsing activities unless otherwise noted in the section 1.2.2 of this contract.

1.6. OCEAN FESTIVAL shall process aU registrations for participants in any and all of its events and shall have al.I participants sign a release al)d waiver of liability and indemnity agreement, and a photograph, film and video authorization, both of which shall include CITY,

2. Event Activities
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2.1. . The primaty competition includes in and out of the water contests. These races are organized OCEAN FESTIVAL, with review by CITY Marine Safety Division for logistlcs of· • water safety; OCEAN FESTIVAL shall secure volunteers to manage the =an front start finish lines. bCEAN FESTIVAL has II paid race <lirector and beach master who shall work whh CITY to manage the overlap of concurrent races. It ls -the responsibility of CITY to review and ensure water safety for all races held in the ocean, providing a command center that approves water safety,

2.2. OCEAN FESTIVAL shall manage the organization of athletes, including registration and logistics (numbering athletes, providing wristbands, and computer timing chips for race results). Athletes must wear swim caps, which are highly visible in the water, and provided as part of their registration packet Additionally, an accountability process is followed to ensure all athletes competing in water events are aooounted for before and after races, leaving no questions about athletes left in water, or injured on course. Race Results are computed same day, with results posted for the public at the beach,

2.3. OCEAN FESTIVAL can conduct beach contests and festival activities open to the general public for free or at nominal fees, and prizes awarded. All activities are conducted by the OCEAN FESTIVAL voiwil:eerll, All program supplies, equipment, and logistics are handled by the OCEAN FESTIVAL Volunteel" conunlttee, and day of event volunteers,

2.4. OCEAN FESTIVAL is permitted to provide additional activities that shall include:

2.4.l. a car show displaying Woody cars on the Pier with a maximum of

15. C3!'S are brought \n daily with the assistance of OCEAN FESTIVAL representatives, volunteers, Cl1Y staff, Orange County Sheriff and RSVP volunteers. Cars are positioned on both sides of the Pier, between the Tower Zero and the second bulb out by Pier Concessionaire. Cars may not advertise for ~ale. Owners must have current registration and insurance to participate. Participants also sign an indemnity waiver with the OCEAN FESTIVAL and CITY. Cars are not permitted to leave until show is complete and there is an escort off the Pier in a safe fashion.

2.4.2. an ocean themed fine art and craft faire located at Parque Del Mar.

Due to the limitation of the park grounds, a ma.ximum of 40 vendors is pennitted. Fees are managed by the OCEAN FESTN AL Committee.

Vendors must have a San Clemente busin~ss license to sell their products, Vendors may set up canopies and bulky load the Friday prior to the event, but not sell. CITY will ensure that inigation for the park grounds is not operating from Friday to Monday morning. OCEAN FESTN AL will dedicate a volunteer to manage this site. Canopies may not be placed in walkway to Pier, or impede public access to parking Jot. Vendors may not be set up in parking lo_t stalls without prior approval from CITY.

2.4.3, live entertainment with sound amplification and stage setup. 2,4.3. 1.0CEAN FESTIVAL shall erect a main stag!', (under 4 feet without scaffolding) on the sand, north of the Pier between Marine Safety 6-7-22 I 40-5
and the picnic shelter. Larger stages can be pennitted, but ,the· • applicant must work with the CITY to get approval.

2.4 .. 3.2.Main stage is, used· for a Saturday evening show, typically a .live . . • · band, The stage and .sound system is used both days for the Ocean • Festival emcee to conduct contests, or to announce various ocean festival activities. Additional sound speakers are placed on the Pier near Fisherman's to accommodate surf events.

2.4.3.3,0CEAN FESTIVAL can erect a small stage in the Children's Pavilion, south of the Piet.

3. Contracts, Vendors, and Sponsors

3.1, Contracts. OCEAN FESTIVAL is approved to use contracts to support the logistics for their program on the beach, Contracts include portable restrooms, stages, canopies, tables and chairs, sound systems, portable A TM, buoys, athletic contest equipment, and other items as needed, All contracts and arrangements must be approved in advance with the CITY. 3,1.1. Bulky item load shall be restricted to early morning and early evening when beach crowds are less impacted. The contractor must be accompanied by a committee member escort and ensure the equipment is set up correctly,

3.2. OCEAN FESTIVAL ls approved to have vendors and business sponsors at the event. The contracts are limited to the beach areas considered appropriate for type of space needed, 115 well, most items are limited to just exhibit, or product sampling, not sales due to the City lease with the Fisherman's restaunmt. OCEAN FESTIVAL shall map the beach front and identify locations for vendors or sponsors, Items that are sampled by the public must be reviewed and approved by the CITY and may be subject to additional health pennits or licensing,

3.3. Vendors, OCEAN FESTJV AL has approval to sell Event T-shirts at the Event, and several wedends prior to the program. Agreements are coordinated prior to Memorial Day to establish access for bulky load drop off, area sales locations, and operational time. There is no revenue sharing with the sales made from this product or any other cash sponsorship,

3.4, Sponsors. OCEAN FESTIVAL is approved io seek and confinn sponsorship of various areas of the festival, including name branding for area events, equipment and supplies, vehicles, and vendor exhibits,
3 .4. l. CITY approves use of sponsorship banners on the Pier and beach fencing, Banners may be put up 115 early as the Friday before the event, but must be removed Sunday evening upon completion of the event.

3.4.2, OCEAN FESTIVAL must use the City seal on all marketing materials, promoting that CITY is a major sponsor.
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. 3,4,3, • OCEAN FESTIVAL shall work directly With Fisbennan's . Restaurant • to s!)Onsor many areas, including the lifeguard pancake . • br¢akfast, concessions, and a BBQ to be held on Saturday evening. 3,4.3, 1.CiTY approves thai the Fisherman's Restaunmt organize a dinner cm the Pier the evening of the Fourth of July as a fundraiser for OCEAN FESTIVAL.

Indemnification and In=ce

4. I. To the fullest extent permitted by law (including, without limitation, California Civil Code Sections 2782 and 2782.6), OCEAN FESTIVAL shall defend (with legal COW1se! reasonably acceptable to CTTY), indemnify, and hold free and harmless CITY and the City of San Clemente and CITY' and City of San Clemente's agents, officers, and employees, (collectively, the "Indemnitees') from and against any and all claims, loss, cost, damage, injury (including, without limitation, injury to or death of any OCEAN FESTrVAL'S participants, invitees officers, agents, employees, representatives, or subcontracto.rs of OCEAN FESTIVAL [collootively, the "OCEAN FESTIVAL ENTITIES"]), expense and liablllty of every kind, nature aod description (including, without limitation, incidental and consequential damages, court costs, attomey's fees, lltigation expenses and fees of expert Contractors or expert witnesses incurred in connection therewith and costs of investigation) that arise out of, pertain to, or relate to, directly or indirectly, in whole or in part, the negligence, recklessness, or willful misconduct of any or all OCEAN FESTIVAL'S ENTITIES, by anyone directly or indirectly employed by any of them, or anyone that they control ( collectively, the "Liabilitie$"), Such obligation to defend, hold harmletls and indemnify any lndemnitee shall not apply to the extent that such Liabilities are caused by the sole and active negligence or willful misconduct of such Jndemnitee.

4.2, Prior to CITY execution of this Agreement, and as a condition to the effectiveness hereof, OCEAN FESTIVAL shall submit certificates and endorsements to CITY indicating compliance with the following minimum insurance requitements, and OCEAN FESTN AL shall maintain such insurance in effect during the entire term of this Agreement:
(i) CHY requires that OCEAN FESTIVAL carry Comprehensive General Liability, personal injury and property damage liability, with minimum combined liability limits of Three Million Dollars ($3,000,000) per occurrence, and a maximum deductible of One Thousand Dollars ($1,000) per occurrence. Each such policy of insurance shall:
a. be issued by companies that hold a current policy holder's alphabetic and financial size category rating of not less than AVil, according to the current Best's Key Rating Guide or a company of equal financial stability that is approved by City's Risk Manager for all coverage's except surety,
b, name OCEAN FESTIVAL and list as additional insured CITY and its officers, employees, and agents. An endorsement shall accompany the insurance certificate naming such additional insured.
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5. c, specify it acts· as primary insurance and that no insurance held •. or owned l,y CITY shall be caUed upon to covet a loss under • ,said policy; •
d. contain a clause substantially in the following words: "it is hereby understood and agreed that this policy may not be • canceled or materially changed except upon thirty (30) days prior written notice to CITY of such cancellation or material change as evidenced by a return receipt for a registered letter;" e. IXJVer the operations of OCEAN FESTIVAL pursuant to the terms of this Agreement; and
f. be written on an occWTene<: and not a claims made basis. (ii) The CITY submits to the following conditions pertaining to all OCEAN FESTIVAL Expo Vendor'S, Sponsors, and Activity Coordinators (Athletics, Exhibits, Contests):

Termination
a. The CITY does not seek insurance from individuals or groups participating In the OCEAN FESTIVAL, to include Expo
Vendors, Sponsors, and Activity Coordinators (Athletics, Exhibits, and Contests). It is strongly recommended that the OCEAN FESTIVAL require insurance from these businesses
for their organization.
b, For those entities that are pre-determined to carry extra risk - examples include tattoo artists, ear piercing, some games booths such as dunk tanks, shuttle transport, water demonstrations, and belie activity-CITY requires Comprehensive General Liability, personal injury and property dantage liability, with minimum combined liability limits of One Million Dollars ($1,000,000) per occurrence, and a maximum deductible of One Thousand Dollars ($1,000) per occurrence. This. shall be submitted on behalf of OCEAN FESTIVAL to CITY prior to event
Original documents sent to:

City of San Clemente
I 00 A venida Presidio
• San Clemente, CA 92672
One additional copy sent to:

City of San Clemente
Beaches, Parks & Recreation Department
I 00 N. Calle Seville
San Clemente, CA 92672

5. L CITY and/or OCEAN FESnY AL can terminate the Agreement without cause on thirty (30) day notice,
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6. Terms and Cooperation . :

6. l. The term of this agreement shall b~ 5 years from the Effective Date, with (3) possible 5-year extensions.
6,2. OCEAN FESTIVAL shali adhere to all the policies and procedures of CITY and cooperate with CITY and its st11ff to ensure that the purpose of this Agreement is met. OCEAN FESTIVAL shall not discriminate ~gainst those in its employ, volunteers or participants on account of race, religion, national origin, ethnicity, sexual orientation or gender (except where gender is a bona fide issue for the sports program).
7, Miscellaneous
7, 1. Entire Agreement. This Agreement sets forth and contains the entire undersumding and agreement of the parties with respect to the subject matter set forth herein, and there are no oral or writteti representations, understandings or ancillary covenants, undertakings or agreements which are not cootained or expressly referred to herein. No testimony or evidence of any such representations, undet:'$landings or covenants shall be admissible in any proceeding of any kind or nature to interpret or detennine the terms or conditions of this Agreement.

7.2, Severability, If any tenn, provision, covenant or condition of tltls Agreement shall be determined invalid, void or unenforceable, then this Agreement shall terminate in its entirety, unless the parties otherwise agree in writing, which agreement shall not be unreasonably withheld.

7.3, Interpretation and Governing Law. This Agreement· and any dispute arising hereunder shall be governed and interpreted in accordance with the laws of the State of California.

This Agreement shall be construed as a whole according to its fair language· and common mearJng to achieve the objectives and purposes of the parties hereto, and the rule of construction to the effect that ambiguities are to be resolved against the drafting party or in favor of CITY shall not be employed In interpreting this Agreement, all parties having been represented by CQUnsel in the negotiation and preparation hereof,

7.4, Section Heading.<;, All section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement. 7,5. Singular and Plural. As used herein, the singular of any word includes the plural,

7.6. Time of Essence. Time is of the essence in the performance of the provisions of this Agreement as to which time is an element.

7. 7. Waiver. Failure of a party to insist upon the strict performance of any of the provisions of this Agreement by the other party, or the failure by a party to exercise its rights upon the default of the other party, shall not constitute a waiver of such party's right to insist and demand strict compliance by the other party with the terms of this Agreement thereafter, 7 ,8. No Third Party Beneficiaries, This Agreement is made and entered into for the sole pmtection and benefit for the parties and their successors and assigns, No other person shall have any right of action based upon any provision of this Agreement 6-7-22 / 40-9
7,9. Force MaJeure. Neither party shall be deemed to be in default where failure or delay in perfonnance of any of its obligations under this Agreement is caused by earthquakes, other acts . of God, fires, wars,.riots.orsimllar host!Hties; strikes and other labor difficulties beyond the party's control (including the party's employment force), government regulations, court actiMs (such as· rostraining orders or injunctions), or other causes beyond the party's reasonable control. If any such events shall occur, the tenn of this Agreement and the time for pert'onnance shall be extended for the duration of each such event. •

7.10. Mutual Covenants. The covenants contained herein are mutual covenants and also constitute conditions to the concurrent or subsequent perfonnance by the party benefited thereby of the covenants to be perfonned hereunder by such benefited party.

7. ll. Counterparts. This Agreement may be executed by the parties in counterparts, which counterparts shall be construed together and have the same effect as lf all of the parties had executed the same instrument.

7.12. Litigation. Any action at law or in equity arising under this Agreement or brought by any party hereto for the purpose of enforcing, construing or determining the validity of any provision of this Agree:n1ent shall be filed and tried in the Superior Court of the County of Orange, State of California, or such other appropriate court in said CO\lllty, and the parties hereto waive all provisions of law providing for the filing, removal or change of venue to any other court. Service of process on City shall be made in accordance with California law. Service of process shall be made in any manner permitted by California law and shall be effective whether served inside or outside California, In the event of any action between the Parties seelcing enforcement of any of the terms and conditions to thls Agreement, the prevailing party in such action shall be awarded, in addition to such relief to which such party entitled under this Agreement, its reasonable litigation costs and expenses, including without limitation its expert witness fees and reasonable attorney's fees. •

7.13. Amendments in Writing/Cooperation. This Agreement may be amended only by written consent of both parties. The parties shall cooperate in good faith with respect to any amendment proposed in order to clarify the intent and application of this Agn,,;,ment, and shall t:eat any such proposal on its own merits, and not as a basis for the introduction of unrelated matters.

7.14. Corporate Authority. The person(s) executing this Agreement on behalf of each of the parties hereto represent and warrant that (i) such party is duly organized and existing, (ii) they are duly aulhotfaed to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement such party is fonnally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other agreement to which such party is bound.

7.15. Notices. All notiC!lt! under this Agi:eetnent shall be effective upon personal delivery, via facsimile so long as the sender receives confinnation of successful transmission from the sending machine, or three (3) business days after deposit in the.United States mail, registered, certified, postage fully prepaid and llddressed to tlie respective parties as set forth below or as to such other address as the parties may from time to time designate in writing:
6-7-22 / 40-10
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. If to City:,.

With a copy to:

If to Ocean Festival:

With a copy to:
• City .ofSartClemente
JOO Av,etiida Presidio
San Cfemente, CA 92672
Attention: City Manager
Best Best & Krieger
18101 Von Kannan, Suite 1000
Irvine, CA 92612
Attention: Scott Smith, City Attorney
Ocean Festival
San Clemente Ocean Festival
P.O. Box 1373
San Clemente, CA 92674
Attention: Peggy Vance
The Gibbs. Law Finn, APC
903 Calle Amanecer, #215
San Clemente, CA 92673
Attention: David Gibbs
[End - signatur:e page follows]
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• -' . ,; -~.~~~~- •: .x': . .--~~~rf~,~i~.:.:~, , . • .•• ,,,..,..."" .,,;,.,., .. ,:..-~~,,;,;,,,,'_,.,. .... ,..,U•o,,;[,H> •,d, .,;~- ~~,e.,..,.'c:•.•~ o, , IN WITNESS WHERl;iOF, CITY aod OCEAN.FESTIVAL have caused this Agreement to be e~eouted on th~r behalf by their respective officers or agents herein duly i!-Uth~rized ~ of !he date first written above: • • •
City Clerk of the City of
San Clemente, California
APPROVED AS TO FORM:
"CITY"

CITY OF SAN CLEMENTE,
ation
By:~4-,,,~"'--.:-/-I--=:___::__:::,:;,~
Its: --'-'-.o.:..:.+----------
"OCEAN FESTIVAL"
SAN CLEMENTE OCEAN FESTJV AL, a
non-profit organization
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EXHJBIT "A"
TOTAL COST OF SERVICES FOR OCEAN FESTIVAL EVENTS:.

All costs listed below represent the City service costs associated with the 2-Day Ocean Festival events a listed in the Agrooment. Hourly rates listed for staff costs include cost of benefits.

I. SUMMARY OF SERVICE COSTS
City Staff Time & Facility Use
Recreation Division
Marine Safety Division
Public Works/Maintenance Division
Bnvironmental Division
Subtotai
Contractual Service
Parks & Beach Maintenance (LandCare)
Orange County Sheriff's Department
Subtotal
Grand Total
II. DETAIL OF SERVICE COSTS PER DIVJSION
Recreation Division
Staff Costs (Time)
Recreation Supervisor: 40 hours @$59.07/hour
Planning Meetings: 22 hours
SEP Permit Review: 3 hours
Admin Tasks - Insurance/Accesses/Licenses: 3 hours
Interdepartmental Coordination: 2 hours
Day-of Event Oversight: 10 houtS
Recreation Specialist: 6 hours @ $32.20/hour
Children's Pavilion Support/Organization: 4 hours
Clear Fencing for Security Road: 2 hours
Recreation Leader II (2 Staff): 20 hours@ $14,95/hour
Day-Of Children's Pavilion Staff: 20 hours
Staff Subtotal
Special Event Permit (SEP) Fees
• Special Event Application Fee• Category II event
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$23,690
$15,443
$ 553
$ 189
$39,875
$ 2,640
$ 7,815
$10,455
$50,329
$ 2,363
$ l93
$ 299
$ 2,855
$ 240
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Sound Permit Flat Daily Rate $60 @ 2 areas x 2 days
Janitorial/Restroom: Flat Dallyrate $90 x 2 days
$
$
240
180
-----,-------- SEP Fees_ Subtoial
Event Site Fees
Beach and Water
Beach and Water
Beach
P argue Del Mar
Gateway to Pier
Pier
MS Headquarters
Facility Use Fees
$400 first day x 10 sites
$200 second day x-10 sites
$100 3-days (incl. setup) x 10 sites
$37.S0perhourx 14hrsx2days
$37.50 per hour x 14 hrs x 2 da)'ll
No Fee Schedule
No Fee Schedule
Site Fee Subtotal
Community Center: (10) Board Mtgs x 2.5 hrs x $25
BOP Pre-Sale T-Shirt Site Fee Cat III - 15 dates@ $30
Pier (July 41h Fundraiser)
Casa Romantica for Sponsor/Board dinner (Saturday)
Marine Safety Division
Staff Costs (Time)
Facility Use Subtotal
Recreation Grand Total
Chiel1/Lieutenant: 6 hours @ $8650/hour
Planning/Logistics Meeting: 22 hours
Lieutenant: Regular Time 46 hours @$77.17
Admin Tasks - Correspondence/Meetings: 22 ho\ll'S
Day--of Event Support: 24 hours
Lieutenant: OT 3 hours @$115.75
Evening Logistics Meeting
Ocean Lifeguards: Regular 112 hours@ $25.29/hour
Day-of Event Lifeguard Support: 96 hours
Event Clean-up: 16 hours
Ocean Lifeguards; OT 216 hours @$37 .94/hour
Day-of Event Lifeguard Support: 216 hours
Marine Safety Grud Total
Public Worts/Maintenance Division
Staff Costs (Time)
Master Electrician: 0.5 hours@ $65.75/hour
Plannin,vl..ogi9tlcs Meetlng: 0.5 hours
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$ 660
. $ 4,000
$ 2,000
$ 3,000
$ 1,050
$ 1,050
$ 0
$ 0
$11,100
$ 625
$ 450
$ 0
$ 8,000
$ 9,075
$23,690
$ 519
$ 3,550
$ 347
$ 2,832
$ 8,195
$15,443
$ 33
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Electrician fl: 7.5 hours @ $56.$0/hour $ 423
Pllllllling/Logistics Meeth1,i;: 05 hours ..

On-site Logistics Meeting:· 1 hci1!1'
Site Electrical WorkiPrep: 6 hours
Traffic Contract Maint. Coordinator: l hours@ $54.07 $ 57 Public Notice/Barricade Delivery
Street Maintenance Worker II: 1 hour@ $42.95 $ 43
Pick up Barricades and return to Yard
Public Works Grand Total s 553
Environmental Services Division
Staff Costs (fime)
Environmental Services Coore!: 4 hours@ $47.16/hour $ 189 Planning/Logistics Meeting: 2 hours
Admin Tasks - Correspondence/Meetings: 2 hours
Environmental Semces Grand Total s 189
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FIRST AMENDMENT TO

SPECIAL EVENT PARTNERSHIPAGREEMENT FOR
• SAN CLEMENTE OCEANFESTIVAL .

This First Amendment to Special Event Partnership Agreement for San Cleme(lte_ Ocean Festival (this "First Amendment") is made.and entered into on this\~ day of'Il;ll.t!\'tr,20JJ'., by and between the CITY OF SAN CLEMENTE, a California municipal corporation ("City"), and SAN CLEMENTE OCEAN FESTIVAL ("SCOF").

A. City and SCOF entered into that certain Special Event Partnership Agreement for the orchestration of an annual special event held on City beaches (the· "Agreement") on June 6, 2017;
B. City and SCOF desire to amend the Agreement in the manner provided herein.

COVENANTS:

Section I: Section 1.3 of the Agreement is hereby amended to include twenty-seven (27) parking spaces in the lower Pier Bowl Parking Lot. In addition to the event sites-and locations as described in the Agreement, SCOF shall have exclusive use of the area described in Exhibit "A" to this First Amendment, which exhibit is attached hereto and incorporated herein by this reference,
Section 2: Section 1.2.2 of the Agreement is hereby amended to include the waiver of all parking meter fees associated with the additional event site. In addition to the event fees waived in Exhibit "A" of the Agreement, City shall waive parking meters associated with the twentyseven (27) parking spaces as described in Exhibit "A" of this First Amendment.

Section 3: Except as expressly amended by this First Amendment, the remaining portions of the Agreement shall remain in full force and effect. 6-7-22 / 40-16
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IN WITNESS WHEREOF, the parties hereto have ~aused this First Amendment to be duly executed on the respective elates set forth opposite their signatures.

Approved as to form:

BEST BEST & KRIEGER
City Attorney
2h;<~
Finance Authorization
, 20 7--0

SAN CLEMENTE OCEAN FESTIVAL
By~'SCOF'')
Its: PI'~ S' ,· r~,_, f
02_/2 (- Dated: ---+---~-'-_ __,, 20 .l__Q_
6-7-22 I 40-17
EXHIBIT "A"
6-7-22 / 40-18
Department:

Prepared By:

Subject:

Finance

AGENDA REPORT

SAN CLEMENTE CITY COUNCIL MEETING
Meeting Date: June 7, 2022
Jake Rahn, Financial Services Officer
Agenda Item 4P
Approvals:

City Manager €,.,
Dept. Head --- Attorney CZC
Finance -~
ESTABLISH/NG APPROPRIATIONS LIMIT FOR FISCAL YEAR (FY) 2022-23 Fiscal Impact: None
Summary: The California Constitution limits the amount an individual city can budget (appropriate) from tax revenue proceeds each year. This limit, called an "appropriations limit", is calculated by each City annually and must be established via a formal resolution of the City's governing body. For FY 2022-23 the City of San Clemente's calculated appropriations limit is $109,164,448. The amount the City is budgeting from proceeds of taxes for FY 2022-23 is well below that limit.

Background: Article XIII B of the California Constitution specifies that cities annually establish an appropriations limit by formal resolution of the City's governing body. Article XI II B further specifies this limit may increase annually by a factor comprised of the changes in population for the City or the County (whichever is higher), combined with either the change in California per capita personal income or the change in the local assessment roll due to nonresidential construction. The State Department of Finance transmits an estimate of the percentage change in population to local governments annually, per California Revenue and Taxation Code Section 2227. This information is used to establish the FY 2022-23 appropriations limit.

Discussion: The calculation of San Clemente's appropriation limit for FY 2022-23 Appropriations Limit is presented on the Exhibits attached to this report. As part of the annual calculation, staff noted due to rounding the FY 2021-22 Appropriations Limit is to be revised down by $30,745 to $101,735, 105. For the FY 2022-23 calculation, the annual adjustment factor is based on population change for the County of Orange and the change in California per capita income. Using these in the calculation results in an overall increase in the appropriations limit of $7,429,343 for a total of $109,164,448.

The budgeted proceeds of taxes total $58,641,780, which represents 54 % of the amount the City is entitled to appropriate for FY 2022-23.

Recommended
Action: STAFF RECOMMENDS THAT the City Council
1) Adopt Resolution No. __ entitled: A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA,

ESTABLISHING AN APPROPRIATIONS LIMIT PURSUANT TO ARTICLE

XIIIB OF THE CALIFORNIA CONSTITUTION
Finance Agenda Report
6-7-22 /4P-1
Agenda Report Page 2
Attachments: 1) Resolution No. __ entitled: A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF SAN CLEMENTE, CALIFORNIA, ESTABLISHING AN APPROPRIATIONS

LIMIT PURSUANT TO ARTICLE XIIIB OF THE CALIFORNIA CONSTITUTION 2) Exhibit I - Appropriations Limit Computation for Fiscal Year 2022-23 Notification: None.
6-7-22 /4P-2
Attachment 1
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF SAN CLEMENTE, CALIFORNIA, ESTABLISHING AN

APPROPRIATIONS LIMIT PURSUANT TO ARTICLE

XIIIB OF THE CALIFORNIA CONSTITUTION
WHEREAS, Article XIIIB of the California Constitution provides that the total annual appropriations subject to limitation of each government entity, including this City, shall not exceed the appropriations limit of such government entity for the prior year adjusted for changes in the loc~I assessment roll for non-residential construction or personal income and population, except as otherwise provided in said Article XIIIB and implementing State Statutes; and
WHEREAS, pursuant to Article XI II B of the California Constitution, arid Section 7900 et seq. of the California Government Code, the City is required to establish its annual appropriations limit; and
WHEREAS, the City of San Clemente has determined that the Fiscal Year 2021-22 appropriations limit be revised to the amount of $101,735,105.

WHEREAS, the City of San Clemente has calculated and determined that the appropriations limit be established in the amount of $109,164,448 for the Fiscal Year 2022-23 (the "Appropriations Limit").

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

Section 1. The City Council of the City of San Clemente, California finds that the Fiscal Year 2021-22 Appropriations Limit in the amount of $101,735,105 is hereby revised for said Fiscal Year 2021-22.

Section 2. The City Council of the City of San Clemente, California finds that the Fiscal Year 2022-23 Appropriations Limit in the amount of $109,164,448 is hereby established for said Fiscal Year 2022-23.

Section 3. That all supporting documentation used in the determination of the Appropriations Limit shall be made available at the City Finance offices during normal business hours for the personal inspection of the public.

Section 4. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. 6-7-22 /4P-3
Resolution No. Page 2
PASSED AND ADOPTED this __ day of ________ _
ATTEST:

City Clerk of the City of
San Clemente, California

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

CITY OF SAN CLEMENTE )
Mayor of the City of San
Clemente, California
I, JOANNE BAADE, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. ____ 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 _______ _ Approved as to form:

City Attorney
CITY CLERK of the City of
San Clemente, California
6-7-22 /4P-4
(
(
Exhibit I
City of San Clemente
Article XIII B: Appropriations Limit Computation
For The Fiscal Year 2022-23

1. Appropriations limit for FY 2021-22
Adjustment: Change to population factor (4)
Appropriations limit for FY 2021-22 (revised)

2. Annual Adjustment Factor
a. Per capita personal income change 7.55% (2)
b. Population change -0.23% (3)
(1.0755 times 0.9977)

3. FY 2022-23 limit times annual adjustment factor

4. Less FY 2021-22 excess user fees or other alterations

5. Appropriations Limit for FY 2022-23

6. FY 2022-23 proceeds from taxes

7. Margin
Notes:
(1) Established by Resolution 21-24
(2) Source is the State Department of Finance
$ 101 ,765,850
(30,745)
$ 101,735,105

1.07302635
109,164,448
0 109,164,448
58,641 ,780
$ 50,522,668
(3) The higher of the City population change or the total County population change is used for this factor. For FY 2022-23, the County change exceeds the City. The difference in County population of 3,161,604 at 1/2022 and population of 3,168,941 at 1/2021 divided by 3,168,941 == -0.23% (4) The FY 2021-22 Population adjustment factor used was rounded to -0.70%, but, the actual was -0.73% resulting in a $30,745 decrease to the FY 2021-22 limit. (1)
6-7-22 /4P-5
s~N Cl ~ . -i!:: ' .. ,,,
u. i -:~
C'4(.~;~~~,~
Department:

Prepared By:

Subject:

AGENDA REPORT

SAN CLEMENTE CITY COUNCIL MEETING
Meeting Date: June 7, 2022
Finance & Administrative Services Department
Erik Sund, City Manager
Jake Rahn, Financial Services Officer
Matt Schmelzel, Management Analyst
Agenda Item 4Q
Approvals:

City Manager ~
Dept. Head --- Attorney c:J=:

Finance~~

ESCHEATMENT AND USE OF UNCLAIMED BEACH PARKING IMPACT FEE (BP/F) REFUNDS Fiscal Impact: Unknown at this time.

Summary: The City concluded the escheatment process for unclaimed BPIF refunds. Staff recommends that the Council adopt a resolution of the City Counci l of the City of San Clemente, California directing the receipt of funds to the General Fund.

Background: Beginning in 1989 Beach Parking Impact Fees (BPIF) were collected as a way to fund parking at beachside areas in San Clemente. As projects did not materialize, a lawsuit was filed in 2012 challenging the necessity of these fees. Pursuant to very specific terms in the 2017 California Superior Court's order in the Walker v. San Clemente matter, the City was ordered to return the unexpended balance in the fund plus interest to eligible property owners for collected fees as of August 15, 2012. The judgment required the City to compile a list of all owners and addresses for which BPIF were paid, this list was posted on the City's website. The list established the eligibility of refund payments to property owners based on City payment records and property ownership referenced in the County Assessors Property Tax list on July 1, 2014.

On December 1, 2015 the City entered into an agreement with Bank of New York Mellon (BNY Mellon) to facilitate the refund process. Correspondences were sent to all property owners with instructions to claim the refund. Eligible properties were required to submit a completed Attestation and Acknowledgement form, W-9, and other documentation as required. In addition, property owners claiming to have paid the fee who were not identified on the refund list could be entitled to a refund by providing proof of payment and property ownership. Over the course of their agreement BNY Mellon refunded $7,137,448 or 5,161 property owners before the termination of their contract in December 2018. In January 2019, BNY Mellon returned the remaining $1,791,153 BPIF balance and the City took over the refund process for the remaining unclaimed BPIF refunds. Staff continued to refund property owners and in April 2020 mailed an additional notification letter based on Council direction.

In October 2021, the City was in possession of the BPIF funds for over 3 years and initiated the escheatment process per Government Code section 50050 to take ownership of the unclaimed funds. Two formal notices were published in the San Clemente Times on October 7, 2021 and October 14, 2021 informing the public a final time of the City's intention of escheating unclaimed funds back to the City's General Finance & Administrative Services Agenda Report
6-7-22 / 40-1
Agenda Report Page2
Fund and to give property owners another opportunity to claim their refund. On November 23, 2021 all unclaimed monies became property of the City. At this time, staff identified remaining claims not resolved due to missing documents and submitted a memo to the City Treasurer for direction on accepting or denying these remaining claims, which lacked all the necessary paperwork. The City Treasurer approved refunding these claims and staff issued refund checks. In total, since the start of the refund process $7,271,685 or 81 % of BPIF balance has been refunded.

Discussion: The City concluded the escheatment process for unclaimed BPIF refunds. Staff recommends that the Council adopt a resolution of the City Council of the City of San Clemente, California directing the transfer of funds from the Beach Parking Impact Fee Fund to the General Fund. The remaining funds total over $1.6 million.

Recommended
At the February 21, 2017 Council meeting, past City Council directed staff at the conclusion of the refunding process to hold any unclaimed funds in a restricted reserve with the intended purpose to be used for public capital projects to improve and enhance the North Beach community area. Since, the City concluded the escheatment process staff is presenting a resolution directing the transfer of funds from the Beach Parking Impact Fee Fund to the General Fund.

Staff compiled a list of projects to enhance current facilities in the spirit of a previous City Council request, these projects include North Beach Concession/Bathroom upgrades, Linda Lane Park Parks Master Plan implementation, or other North Beach projects, including expansion of parking areas. Alternatively, if City Council wants to utilize funds where most of the fees were paid, alternative capital projects could include Solar Canopies at Vista Hermosa or other BPR Master Plan park specific items.

Council alternatively could direct these funds to the "3-2-1 Pension Funding Strategy".

A one-time contribution to a Section 115 Prefunding Pension Trust could be made.

Staff's recommendation is that Council conclude the "3-2-1 Pension Funding Strategy" utilizing $1 million as a one-time contribution to a Section 115 Pension Trust and move $600,000 to the Park Acquisition and Development Fund for BPR Master Plan related items, either in North Beach or other areas which would benefit the City.

Action: STAFF RECOMMENDS THAT the City Council:
__ j_._Adopt Resolution N_Q._ __ entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE~CAUFORNIA DIRECTTNG-THE TRANSFER OF--

FUNDS FROM THE BEACH PARKING IMPACT FEE FUND TO THE GENERAL FUND

2. Approve a supplemental appropriation in the amount of $1.0 million to a Section 115 Trust (acct #001-203-48630).

3. Authorize a transfer of $600,000 from the General Fund (acct #001-203-47231) to the Parks Acquisition and Development Fund (031-000-39204). 6-7-22 / 4Q-2
Agenda Report
Attachments: 1. Resolution for the Escheatment of Beach Parking Impact Fee Funds

2. BPIF Refund Remaining Balance.
6-7-22 I 4Q-3
Page3
• RESOLUTION NO .•

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN • CLEMENTE, CALIFORNIA DIRECTING THE
.TRANSFER OF FUNDS FROM THE BEACH PARKING
IMPAC.T FEE FUND TO THE GENERAL FUND
· Attachment .1
WHEREAS, the City of San Clemente ("City") previously levied a development impact fee for beach parking (the "Beach Parking Impact Fee" or "BPIF") that resulted in litigation initiated by Walker and McCarthy, Daniel Walker, as Trustee for the 1997 Walker Family Trust, and W Justin McCarthy v. City of San Clemente, City Council of San Clemente, Case No. 30-2012 00591239 ("Legal Action"); and WHEREAS, as part of the California SuperiorCourt's order in the Legal Action, the City was required to transfer money to a BPIF Fund and use the money in the BPIF Fund to refund property owners who were billed for the BPIF in accordance with the terms and conditions set forth in said order; and
WHEREAS, Section 7 of the California Superior Court's March 16, 2017 order in the Legal Action states that any leftover, unclaimed funds from the BPIF Fund shall escheat back to the City pursuant to California law; and WHEREAS, California Government Code Section 50050 et seq. allows the City to take ownership of unclaimed funds it has held for three or more years after initiating a notice and claims process; and
WHEREAS, the City has compiled a list of all owners and addresses for which BPIF were paid, this list was continuously posted on the City's website. The list established the eligibility of refund payments to property owners based on City payment records and property ownership referenced in the County Assessors Property Tax list on July 1, 2014 which verified ownership on January 1, 2014. On March 2, 2017 the City entered into an agreement with Bank of New York Mellon (BNY Mellon) to facilitate the refund process. Correspondences were sent to all property owners with instructions to claim the refund. In December 2018, BNY Mellon returned the remaining $1,791,153 unclaimed balance back to the City and the City took over the refund process for the remaining unclaimed BPIF refunds. In April of 2020 the City sent out a second correspondence to property owners to submit a claim. In aggregate the City has refunded 81 % of BPIF dollars to eligible property owners for a total of $7,271,685 with $1,656,916 - ----·---------- reprersenttng-th-e-remaining-unclaimed-balance;-and---------- ----- ---~ ------------------------;- WHEREAS, the City has published notice, as required by law, that it will take ownership of unclai1T1ed funds, in the San Clemente Times on October 7, 2021 and October 14, 2021. Proof Of publication of each notice is attached hereto and incorporated herein as Exhibit A.
6-7-22 I 4Q-4
• Resolution No. Page2
NOW, THEREFORE, BE IT RESOLVED, by the CityCou11cil of the City of San Clemente, California as follows: ·, • • • • •
Section 1. The City has complied with all requirements of tb-e CoLJrt'~ fina! judgment and order from the Legal Action, and the City has complied with all requirements of California's escheatment statutes (commencing with Section 50500 of the Government Code). •
Section 2. All unclaimed money remaining in the City's BPIF Fund has become the property of the City as of November 23, 2021. The City Treasurer shall resolve all outstanding claims, if any, and immediately transfer all unclaimed BPIF funds, other than any funds withheld due to anticipated or ongoing litigation (pursuant to Government Code Section 50052), to the City's General Fund. The City Treasurer shall transfer to the General Fund any and all funds withheld due to anticipated litigation as soon as the City Treasurer determines the funds will not be subject to litigation, consistent with Government Code Section 50052. The City Treasurer shall transfer to the General Fund, or return to the claimant, any funds subject to ongoing litigation only after the court has rendered a decision as to those funds.

Section 3. 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
San Clemente, California
Mayor of the City of San
Clemente, California
6-7-22 I 4Q-5
Resolution No.

STATE OFCALIFORNIA

COUNTY OF ORANGE
• CITY OF SAN CLEMENTE
Page3
I, JOANNE BAADE, City Clerk of the City of San Qlemente, California, do hereby certify that Resolution No. ____ was adopted at a regular meeting of the City Council of the City of San Clemente held on the __ day of ___ - 2022, 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 ______ _, __ _ Approved as to form:

City Attorney
~---- - ------------------------ --
CITY CLERK of the City of
San Clemente, California
6-7-22 I 4Q-6
• 1mes LO CA L NEWS U CAN USE

PROOF OF PUBLICATION
34932 Calle del Sol, Ste. B
Capistrano Beach, CA 92624
949-388-7700
949-388-9977 fax
I am a citizen of the United States and
a resident of the County aforesaid: I
am over 18 years of age, and not a
party to or interested in the abovetitled matter. I am the principal clerk of the publisher of the San Clemente
Times, a newspaper of general
circulation adjudicated for the City of
San Clemente, County of Orange and
which newspaper has been
adjudicated as a newspaper of
general circulation by the Superior
Court of the County of Orange·, State
of California on Nov 9th, 2018, Case
Number 01017680; that the notice, of
which the annexed is a printed copy,
has been published in each regular
and entire issue of said . newspaper
and not in any supplement thereof on
the following dates, to wit:

Published in:

SAN CLEMENTE TIMES
Run Dates: October 7 & 14, 2021
Executed: October 7, 2021
At San Clemente, CA
I certify (or declare) under penalty of
perjury that the foregoing is true and
correct
·r • ' 1/l]BI.IC N@TICE • 01
"t • ,., - ', - L
Notice is hereby given by the City of San Clemente
("City") that the City is in possession of certain
refundable monies as set forth in more detail below. The refundable monies are being held in the City's Beach Parking Impact Fee Fund Payable
(account number 068-000-21 !63-000-00000), and
the refundable monies add up to a combined total
of $1,670,985.20. Pursuant to Government Code
section 50050 et seq., it is proposed the unclaimed
monies shall become the property of the City on
November 23, 2021.

The City has complied with all requirements of the
Court's final judgment and order from the Walker v. San Clemente matter. Per the judg/llent the City compiled a list of all owners and addresses
for which Beach Parking Impact Fees (BP!Fl were
paid, this list was continuously posted on the Citys
website. The list established the eligibility of refund payments to property owners based on City payment records and property ownership referenced in the County Assessors Property Tax list on July I.
2014 which verified ownership on January I, 201 4.

On March 2, 2017 the City entered into an agreement with Bank ofNew York Mellon (BNY Mellon) to facilitate the refund process. Correspondences
were sent to all property owners with instructions
to claim the refund In December 2018, BNY Mellon returned the remaining $1,791,153 unclaimed balance back to the City and the City took over the
refund process for the remaining 1,334 unclaimed
BPIF refunds. In April of 2020, the City sent out a
second correspondence to the remaining eligible
property owners and successfully refunded approximately JOO property owners totaling $120,168. In aggregate the City refunded 5,256 eligible property owners for a total of$7,257,617 or 81% ofBPIF dollars.

If you believe you are entitled to any of the funds
described below and listed on the City's website,
Exhibit A
please file a claim with the City Treasurer in writing
al 910 Calle Negocio, San Clemente, CA 92673. You
MUST file your claim before November 23, 2021.

Proof of eligibility is required. To make a claim,
please submit in writing all of the following: name,
address, daytime telephone number, proof that you
are the depositor or an authorized representative
of the depositor, amount of claim, and the grounds
for the claim. Submit your claim to the attention
of the City Treasurer, Marl< A. Taylor and reference
BPIF Refund. The City Treasurer reserves the right
to request additional information and may accept
or reject a claim. If a claim is rejected, the claimant may file a verified complaint seeking to recover alt or a designated part, of the unclaimed monies
in a court of competent jurisdiction within Orange
County and serve a copy of the complaint and summons upon the City Treasurer. A copy of tl,e complaint and summons must be served within thirly (30) days of receiving the City's notice the claim wns
rejected
The Beach Parking Impact Fee Fund contains monies refundable to eligible property owners of record within the City of San Clemente that appear on the
County Assessor's Property Tax list per the fuly I,
201 4 tax roll (reflecting ownership as oflanuary
I. 2014) whose property was subject to the City's
Bead\ Parking Impact Fee. Any funds that remain
on account on November 23, 2021 shall be forfeited in accordance with Section 50050 et seq. of the Government Code.

A list of properties eligible for a refund, the amount
of the refund, and more details, can be found al
https://www.san-demente.org/bpiU. You can also
request the list of properties eligible for a refund,
and the accompanying refund amounls, by contacting the City via email at bpifrefund@san-clemente. org or by calling (949) 226-4311.

Joanne Baade
City Clerk and Ex-Officio Clerk of the Board
6-7-22 / 40 -7
Attachment 2
BPIF Refund Remait)ing Balance
As of 6/1/2022
TOTAL BPIF CASH AVAILABLE "
,., ; $8,928,692:~3
RECIPIENT RECAP:

Number Dollars Totals
TOTAL RECIPIENTS 6,495 $8,728,794.15
TOTAL RECIPIENTS 10ENTIFIED 6,495 ~ $8,728,794.:15 I a '$8,728,7.94.15 ' UNIDENTIFIED RECIPIENTS $199,808.28
TOTA!- ~PIF CASH AVAILABLE . .. . -' .. - ., .. ,, : • ... ~' .:- .' ~ i • - ' · r - ,J i~,928,602;4;3 -~-- RECAP: TOTAL RECAP:

BNY REFUNDED 5,161 $7,137,448.96
CITY REFUNDED 104 $134,236.55
iOTAL ~EFUNJ}ED' ·, .• 5,265 $7,271,6~5.51 " ' . . ,, ~, . ' " ... , ; .$1;2.;zfl!f5.s1 Total UNPAID/CASH REMAINING 1,230 $1 ,457,108.64
UNIDENTIFIED BALANCE $199,808.28
TOJAL.Rl;MAINING BALANCE - 1-; $1,65'.6;9~ 6.92 -~- : - -~ - ··s1,§?6:~f 6.'9? JOT AL REC_IP.JENT$_JDENTIFl60 ••• }. .,. -~ I 6,495 $8,728,794.15 ~-, ?' "'$;fl,~8,6Q2~·$13 VARIANCE - $0.00 $0.00
¾Paid 81%
6-7 -22 I 40-8

AGENDA REPORT

SAN CLEMENTE CITY COUNCIL MEETING
Meeting Date: June 7, 2022
Agenda Item '"4 R
Approvals:

City Manager S,":J
Dept. Head ~-- Attorney cr
Wii9Wtd@t4fr4SAStilt1 A &¥&Mi¥
Finance ~$(
·c~
Department:

Prepared By:

Subject:

Finance & Administrative Services
Jake Rahn, Financial Services Officer
Matthew Schmelzel, Management Analyst
FY 2022-23 POLICE SERVICES CONTRACT
Fiscal Impact: Yes. The FY 2022-23 General Fund budget includes $18.5 million for this contract, an additional $161,300 is also budgeted for this contract to be paid from grant funds from the Citizen Option Public Safety (COPS) program.

Summary: The City Council is asked to approve the annual renewal of the police services contract between the City of San Clemente and the County of Orange Sherriff's Department (OCSD), for the period July 1, 2022 through June 30, 2023.

Discussion: The cost of the FY 2022-23 Police Services contract with the County of Orange totals $18,687,481, an increase of $615,688, or 3.41 % over the FY 2021-22 contract amount. This increase is primarily due to increases in personnel and transportation costs. •
Adjustments included in the FY 2022-23 contract include the conversion of one Patrol Deputy to a Deputy Motor position. Additionally, the transition during FY 2021-22 from Patrol Video Cameras (PVS) to In Car Video (ICV) and Body Worn Cameras (BWC) occurred and costs have been implemented within the FY 2022-23 contract. The City is utilizing American Rescue Funds to offset the increase in this portion of the contract.

In the FY 2022-23 contract, there are 54 full-time equivalent (FTE) positions serving San Clemente. The City also funds a portion of 16.90 regional/shared staff positions at an established allocation rate. It is important to note that these positions and allocation thereof are determined by OCSD. Staffing is comprised of employees represented by the Association of County Law Enforcement Managers (ACLEM), Orange County Deputy Sheriffs (AOCDS), Orange County Managers Association (OCMA) and Orange County Employees Association (OCEA). These agreements are currently in place until the end of FY 2023.

The following table shows the contract changes by major category. Significant categories and changes are discussed in the paragraphs following the table.

Finance & Administrative Services Agenda Report
6-7-22 I 4R-1
Agenda Report
Cost Component
Personnel
Services & Supplies
Tr§lr:i~P<2~aticm
.overhead
Training _
• Leave Pay downs
Contract Administration ·······-··-·· - --
• MDC/PVS/I CV
10ther
Revenue Offset

TOT AL POLICE CONTRACT
FY 2021-22 FY 2022-23
$14,401,502 $14,674,514
339.701 ~12!908
~4?~~~5-, ~92.,3~1_
1,.84~,}04 1 .~4!h994

45.?,5-5.2- 449,~Q~. 185,522: 177,788 ······--····--·-·i ----·---· .;_ 50,72?.; . ~1,0??
1]~.-~10: 603}13

5.,640 14!~16
-41,985, -54,694
$18,071.793. $18,_6?!.481

Page 2 ends

$ Change % Change
$273,01?
(26.793)
(42,564)
(3_1 Q) ..
(~!?4})
(?l34)
3,350 .
4_??,403
9,276
(12.709)
$615,688

1.9%
-7.9%
-6.6%

0.0%
-0.7%
-4.2%

6.6%
235.3%
164.5%

30.3%

3.41%
Personnel costs increase by $273,012, or 1.9%, due to salaries and health benefits increases, offset by decreases in retirement rates and workers compensation rates.

Regular salaries total $6.8 million under the contract and effective 7/2/2022 the existing MOU implements the following Cost Of Living Adjustments (COLA): 3.5 % increase for AOCDS, ACLEM, and OCEA, 3.0% increase for OCMA. Benefits total $6.4 million and include a variety of items, but there is a small decrease in this amount from the prior year mostly as a result of lower retirement rates. The rate percentages decrease by 4.7% for AOCDS, 4.1 % for Law Management, and increase 3.1 % for General Employees. Monthly health insurance costs increase 9.1 % for safety staff and

4.1 % for professional staff.

Overtime costs of $854,981 are partially offset by an estimated vacancy credit of $200,000 included in the contract. Various other special pay, premiums, and holiday pay make up the difference for personnel.

Services & Supplies (S&S), which includes overhead related supplies and services, Liability Insurance, and direct services and supplies, decrease by $26,793 or 7.9%, primarily due to a decreases in patrol and regional supplies.

Transportation costs which include vehicle costs, enhanced helicopter costs, and regional team transportation costs, decreased by $42,564 or 6.6%. Mileage is charged in arrears and the number of miles decreased from the prior allocation.

Overhead and Training costs in total are relatively flat with the prior year with some costs increasing and some decreasing. These are mostly allocated per position, remained flat as no additional staffing was added.

Mobile Data Computers/Patrol Video Cameras/ In Car Video increased by $423.403 or 235.3%. This increase is based on the conversion to better technology which occurred during FY 2021-22. The County absorbed the initial phase in costs and has identified the costs for FY 2022-23.

Contract Administration increased by $3,350 or 6.6%.
6-7-22 / 4R-2
Agenda Report
Recommended

Page 3 ends

Revenue Offset to the City, which reduces the amount of the overall contract, decreases from $41,985 to $54,694 or 30.3% due to higher false alarm revenues.

Action: STAFF RECOMMENDS THAT the City Council:

1. Approve the contract between the City of San Clemente and the County of Orange, for police services for FY 2022-23.

Attachments: FY 2022-23 Police Services Contract
Notifications: Dwight Tipping, Orange County Sheriff's Department 6-7-22 I 4R-3
2 3
4 5
6 7

AGREEMENT

BETWEEN THE

CITY OF SAN CLEMENTE

AND THE

COUNTY OF ORANGE
Attachment 1
THIS AGREEMENT is entered into this First day of May 2022, which 8 date is enumerated for purposes of reference only, by and between the CITY OF SAN g CLEMENTE, hereinafter referred to as "CITY", and the COUNTY OF ORANGE, a 10 political subdivision of the State of California, hereinafter referred to as "COUNTY". 11 RECITALS:
12 WHEREAS, CITY wishes to contract with COUNTY for law enforcement 13 services; and
14 WHEREAS, COUNTY is agreeable to the rendering of such services, as 15 authorized in Government Code Sections 51301, 54981 and 55632, on the terms and 16 conditions hereinafter set forth,
17 NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
18 II
19 II
20 II
21 II
22 II
23 II
24 II
25 II
26 II
21 II
28

Page 1 of 24 ends

6-7-22 I 4R-4
1 TABLE OF CONTENTS
2 SECTION PAGE
3 A. TERM .......................................................................................................... 3 4 B. OPTIONAL TERMINATION OR EXTENSION ............................................... 3 5 C. REGULAR SERVICES BY COUNTY ............................................................ 3 6 D. ENHANCED AND SUPPLEMENTAL SERVICES BY COUNTY ................... 6 7 E. BODY WORN CAMERA AND IN CAR VIDEO ............................................. 9 8 F. PAYMENT ................................................................................................... 10 9 G. OWNERSHIP OF POLICE STATION .......................................................... 14 10 H. NOTICES ..................................................................................................... 14 11 I. STATUS OF COUNTY ................................................................................ 14 12 J. STATE AUDIT ....................... ...................................................................... 15 13 K. AL TERA TION OF TERMS ........................................................................... 15 14 L. INDEMNIFICATION ..................................................................................... 15 15 M. OPERATIONS AGREEMENT ..................................................................... 17 16 N. TRAFFIC VIOLATOR APPREHENSION PROGRAM .................................. 17 17 0 . MOBILE DATA COMPUTERS ..................................................................... 20 18 P. E-CITATION UNITS .............................................................................. ....... 22 19 Q. LICENSING SERVICES BY CITY ........................... ............................. ....... 23 20 SIGNATURE PAGE ............................................................................................ 24 21 22
23 24
25 26
27 28
Attachment A
Attachment B
Attachment C
Attachment D
Attachment E
Attachment F
Attachment G
Attachment H
Regular Services by County
Payment
Operations Agreement
County Billing Policy
Forfeited and Seized Asset Policy
TVAP Resolution
TVAP Form
City Ordinance

Page 2 of 24 ends

6-7-22 / 4R-5
1 A.
2 3
4 5 B.
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 C.
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TERM:

The term of this Agreement shall commence July 1, 2022 and terminate June 30, 2023, unless earlier terminated by either party or extended in the manner set forth herein.

OPTIONAL TERMINATION OR EXTENSION:

1. COUNTY or CITY may terminate this Agreement, without cause, upon one-hundred and eighty (180) days written notice to the other party.

2. If COUNTY and CITY have not entered into a written agreement by June 30, 2023 for COUNTY to provide to CITY, during all or part of the period between July 1, 2023 and June 30, 2024, law enforcement services similar to those specified herein, then SHERIFF, on behalf of COUNTY, and CITY's Manager, on behalf of CITY, are authorized to execute a written amendment to this Agreement that provides as follows and does not materially alter other terms of the Agreement: SHERIFF shall continue to provide to CITY all or a designated part of the law enforcement services specified herein, for a specified time period between July 1, 2023 and August 31, 2023, and CITY shall pay COUNTY the full costs of providing such services. Such full costs may be greater than those listed herein for the period July 1, 2022 through June 30, 2023. SHERIFF and CITY Manager shall file copies of any such amendments to this Agreement with the Clerk of COUNTY's Board of Supervisors and CITY's Clerk.

REGULAR SERVICES BY COUNTY:

1. COUNTY, through its Sheriff-Coroner and deputies, officers and employees, herein referred to as "SHERIFF", shall render to CITY law enforcement services as hereinafter provided. Such services shall include the enforcement of lawful State statutes and lawful municipal ordinances of CITY.

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28 REGULAR SERVICES BY COUNTY: (Continued)

2. The night, day and evening patrol and supervisory shifts will be established by SHERIFF through the Chief of Police Services (Captain) assigned to CITY, who will report directly to CITY Manager. Personnel of each shift may work varying and different times and may be deployed to other shifts when, in the opinion of SHERIFF and CITY Manager, the need arises. Any long-term shift deployment change will be reported to CITY's Council.

3. The level of service to be provided by COUNTY, for the period July 1, 2022 through June 30, 2023, is set forth in Attachment A and incorporated herein by this reference.

4. For any service listed in Attachment A of this Agreement that is provided to CITY at less than 100% of a full-time SHERIFF position, COUNTY retains the option to terminate such service in the event the other city or cities that contract for the balance of the time of the employee providing the service no longer pay(s) for such service and CITY does not request the Agreement be amended to provide for payment of 100% of the cost of the employee providing such service. The Maximum Obligation of CITY set forth in Subsection F-2 will be adjusted accordingly.

5. All services contracted for in this Agreement may not be operational on the precise date specified in this Agreement. In those instances, SHERIFF shall notify CITY Manager of the date or dates such service or services are to be implemented. COUNTY shall reduce the monthly charges to CITY, based on the actual date of implementation of the service or services. Charges shall be reduced on the next monthly billing tendered in accordance with Subsection F-3 of this Agreement.

6. During emergencies, such as mutual aid situations, SHERIFF will attempt to leave in CITY the Captain in charge of CITY Police Services. If SHERIFF determines that the Captain is needed elsewhere, SHERIFF will notify

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REGULAR SERVICES BY COUNTY: (Continued)
CITY's Manager within four (4) hours. SHERIFF will return the Captain to CITY as soon as possible once the emergency situation is under control.

7. With the limitations set forth below, SHERIFF, on behalf of COUNTY, and CITY Manager, on behalf of CITY, are authorized to execute written amendments to this Agreement to increase or decrease the level of service set forth in Attachment A, when SHERIFF and CITY Manager mutually agree that such increase or decrease in the level of service is appropriate.

Any such amendment to the Agreement shall concomitantly increase or decrease the cost of services payable by CITY set forth in Attachment B and incorporated herein by this reference and the Maximum Obligation of CITY set forth in Subsection F-2, in accordance with the current year's COUNTY law enforcement cost study. SHERIFF and CITY Manager shall file copies of any such amendments to this Agreement with the Clerk of COUNTY's Board of Supervisors and CITY's Clerk. Amendments to this Agreement executed by SHERIFF and CITY Manager may not, in the aggregate, increase or decrease the cost of services payable by CITY by more than one percent (1%) of the total cost originally set forth in Attachment B and the Maximum Obligation originally set forth in Subsection F-2.

Prior,approval by COUNTY's Board of Supervisors and CITY's Council is required before execution of any amendment that brings the aggregate total of changes in costs payable by CITY to more than one percent (1 % ) of the total cost originally set forth in Attachment B and the Maximum Obligation originally set forth in Subsection F-2 of this Agreement.

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C.

REGULAR SERVICES BY COUNTY: (Continued)

8. With respect to the licensing ordinances of CITY listed in Attachment H hereto, which is incorporated herein by this reference, SHERIFF shall receive applications for CITY licenses pursuant to said ordinances and complete investigations relating to such applications. Said investigations shall be forwarded to CITY Manager. COUNTY shall not provide any advisory, administrative, hearing or litigation attorney support or services related to licensing. COUNTY shall not provide any administrative or investigative services related to the licensing ordinances listed in Attachment H hereto, except the investigations relating to initial applications for which this subsection provides.

ENHANCED AND SUPPLEMENTAL SERVICES BY COUNTY:

1. Enhanced services for events on CITY property. At the request of CITY, through its City Manager, SHERIFF may provide enhanced law enforcement services for functions, such as community events, conducted on property that is owned, leased or operated by CITY. SHERIFF shall determine personnel and equipment needed for such enhanced services.

To the extent the services provided at such events are at a level greater than that specified in Attachment A of this Agreement, CITY shall reimburse COUNTY for such additional services, at an amount computed by SHERIFF, based on the current year's COUNTY law enforcement cost study. The cost of these enhanced services shall be in addition to the Maximum Obligation of CITY set forth in Subsection F-2 of this Agreement.

SHERIFF shall bill CITY immediately after each such event.

2. Supplemental services for occasional events operated by private individuals and entities on non-CITY property. At the request of CITY, through its City Manager, and within the limitations set forth in this Subsection D-2, SHERIFF may provide supplemental law enforcement services to preserve

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28 D. ENHANCED AND SUPPLEMENTAL SERVICES BY COUNTY: (Continued) the peace at special events or occurrences that occur on an occasional basis and are operated by private individuals or private entities on non-CITY property. SHERIFF shall determine personnel and equipment needed for such supplemental services, and will provide such supplemental services only if SHERIFF is able to do so without reducing the normal and regular ongoing services that SHERIFF otherwise would provide to CITY pursuant to this Agreement. Such supplemental services shall be provided only by regularly appointed full-time peace officers, at rates of pay governed by a Memorandum of Understanding between COUNTY and the bargaining unit(s) representing the peace officers providing the services. Such supplemental services shall include only law enforcement duties and shall not include services authorized to be provided by a private patrol operator, as defined in Section 7582.1 of the Business and Professions Code. Law enforcement support functions, including, but not limited to, clerical functions and forensic science services, may be performed by non-peace officer personnel if the services do not involve patrol or keeping the peace and are incidental to the provision of law enforcement services. CITY shall reimburse COUNTY its full, actual costs of providing such supplemental services at an amount computed by SHERIFF, based on the current year's COUNTY law enforcement cost study. The cost of these supplemental services shall be in addition to the Maximum Obligation of CITY set forth in Subsection F-2 of this Agreement. SHERIFF shall bill CITY immediately after each such event.

3. Supplemental services for events operated by public entities on non-CITY property. At the request of CITY, through its City Manager, and within the limitations set forth in this Subsection D-3, SHERIFF may provide supplemental law enforcement services to preserve the peace at special

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D. ENHANCED AND SUPPLEMENTAL SERVICES BY COUNTY: (Continued) events or occurrences that occur on an occasional basis and are operated by public entities on non-CITY property. SHERIFF shall determine personnel and equipment needed for such supplemental services, and will provide such supplemental services only if SHERIFF is able to do so without reducing services that SHERIFF otherwise would provide to CITY pursuant to this Agreement. CITY shall reimburse COUNTY its full, actual costs of providing such supplemental services at an amount computed by SHERIFF, based on the current year's COUNTY law enforcement cost study. The cost of these supplemental services shall be in addition to the Maximum Obligation of CITY set forth in Subsection F-2 of this Agreement.

SHERIFF shall bill CITY immediately after each such event.

4. Notwithstanding the foregoing, CITY, through its permit process, may utilize the services of SHERIFF at events, for which CITY issues permits.that are operated by private individuals or entities or public entities. SHERIFF shall determine personnel and equipment needed for said events. If said events are in addition to the level of services listed in Attachment A of this Agreement, CITY shall reimburse COUNTY for such additional services at an amount computed by SHERIFF, based upon the current year's COUNTY law enforcement cost study. The cost of these services shall be in addition to the Maximum Obligation of CITY set forth in Subsection F-2 of this Agreement. SHERIFF shall bill City immediately after said services are rendered.

5. In accordance with Government Code Section 51350, COUNTY has adopted Board Resolution 89-1160 which identifies Countywide services, including but not limited to helicopter response. SHERIFF through this contract provides enhanced helicopter response services. The cost of enhanced helicopter response services is included in the cost of services

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28 ENHANCED AND SUPPLEMENTAL SERVICES BY COUNTY: (Continued) set forth in Attachment B and in the Maximum Obligation of CITY set forth in Subsection F-2. COUNTY shall not charge any additional amounts for enhanced helicopter services after the cost of services set forth in Attachment B and in the Maximum Obligation set forth in Subsection F-2 has been established without written notification to the CITY.

BODY WORN CAMERA AND IN CAR VIDEO:

1. As part of the law enforcement services to be provided to CITY, COUNTY has provided, or will provide, body worn cameras (hereinafter called "BWC") that will be worn by SHERIFF'S personnel and In Car Video (hereinafter called "ICV") that will be mounted in vehicles designated by SHERIFF for use within CITY service area.

2. SHERIFF has the exclusive right to use said BWC and ICV for law enforcement services related to this Agreement.

3. CITY shall pay COUNTY the full costs to COUNTY of a) the acquisition of BWC and the acquisition and installation of ICV and b) recurring costs, as deemed necessary by COUNTY, including the costs of maintenance and contributions to a fund for replacement and upgrade of such BWC and ICV when they become functionally or technologically obsolete.

The costs to be paid by CITY for recurring costs, including maintenance and replacemenUupgrade of BWC and ICV, are included in the costs set forth in Attachment B and the Maximum Obligation of CITY set forth in Subsection F-2 of this Agreement unless CITY has already paid such costs.

CITY shall not be charged additional amounts for maintenance or replacemenUupgrade of said BWC and ICV during the period July 1, 2022 through June 30, 2023.

4. If, following the initial acquisition of BWC and ICV referenced above, CITY requires BWC and ICV for additional SHERIFF'S personnel or vehicles

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E.

BODY WORN CAMERA AND IN CAR VIDEO: (Continued)
designated for use in the CITY service area, COUNTY will purchase said additional BWC and ICV. Upon demand by COUNTY, CITY wi ll pay to COUNTY a) the full costs of acquisition of additional BWC and the full costs of acquisition and installation of additional ICV, and b) the full recurring costs for said BWC and ICV, as deemed necessary by COUNTY, including the costs of maintenance, and contributions to a fund for replacement and upgrade of such BWC and ICV when they become functionally or technologically obsolete. Said costs related to additional BWC and ICV are not included in, and are in addition to, the costs set forth in Attachment B and the Maximum Obligation of CITY set forth in Subsection F-2 of this Agreement.

5. COUNTY will replace and/or upgrade BWC and ICV as needed. The costs of replacing/upgrading BWC and ICV shall be paid by COUNTY from the replacement/upgrade funds to be paid by CITY in accordance with the foregoing. CITY shall not be charged any additional charge to replace or upgrade BWC and ICV.

PAYMENT:

1. Pursuant to Government Code Section 51350, CITY agrees to pay to COUNTY the full costs of performing the services mutually agreed upon in this Agreement. The costs of services include salaries, wages, benefits, mileage, services, supplies, equipment, and divisional, departmental and COUNTY General overhead.

2. Unless the level of service set forth in Attachment A is increased or decreased by mutual agreement of the parties, or CITY is required to pay for increases as set forth in Subsection F-4, or the costs increase or decrease as a result of amendment of the Operations Agreement (Attachment C hereto and incorporated herein by this reference) in

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28 F. PAYMENT: (Continued)
accordance with Subsection M-2, the Maximum Obligation of CITY for services, other than Licensing Services, set forth in Attachment A, of this Agreement to be provided by the COUNTY for the period July 1, 2022 through June 30, 2023 shall be $18,687,481 as set forth in Attachment B.

The overtime costs included in the Agreement are only an estimate.

SHERIFF shall notify CITY of actual overtime worked during each fiscal year. If actual overtime worked is above or below budgeted amounts, billings will be adjusted accordingly at the end of the fiscal year. Actual overtime costs may exceed CITY's Maximum Obligation.

3. For services provided between July 1, 2022 and June 30, 2023, COUNTY shall invoice CITY, monthly, one-twelfth (1/12) of the Maximum Obligation of CITY. If a determination is made that increases described in Subsection F-4 must be paid, COUNTY thereafter shall include the pro-rata charges for such increases in its monthly invoices to CITY for the balance of the period between July 1, 2022 and June 30, 2023. If this Agreement is extended pursuant to Subsection 8-2, COUNTY shall invoice CITY thereafter for the full costs of the law enforcement services provided in the preceding month. 4a.At the time this Agreement is executed, there may be unresolved issues pertaining to potential changes in salaries and benefits for COUNTY employees. The costs of such potential increases are not included in the Fiscal Year 2022-23 cost set forth in Attachment B nor in the Fiscal Year 2022-23 Maximum Obligation of CITY set forth in Subsection F-2 of this Agreement. If the changes result in the COUNTY incurring or becoming obligated to pay for increased costs for or on account of personnel whose costs are included in the calculations of costs charged to CITY hereunder, CITY shall pay COUNTY, in addition to the Maximum Obligation set forth in Subsection F-2 of this Agreement, the full costs of said increases to the

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extent such increases are attributable to work performed by such personnel after July 1, 2022, and CITY's Maximum Obligation hereunder shall be deemed to have increased accordingly. CITY shall pay COUNTY in full for such increases on a pro-rata basis over the portion of the period between July 1, 2022 and June 30, 2023 remaining after COUNTY notifies CITY that increases are payable. If the changes result in the COUNTY incurring or becoming obligated to pay for decreased costs for or on account of personnel whose costs are included in the calculations of costs charged to CITY hereunder, COUNTY shall reduce the amount owed by the CITY to the extent such decreases are attributable to work performed by such personnel during the period July 1, 2022 through June 30, 2023, and CITY's Maximum Obligation hereunder shall be deemed to have decreased accordingly. COUNTY shall reduce required payment by CITY in full for such decreases on a pro-rata basis over the portion of the period between July 1, 2022 and June 30, 2023 remaining after COUNTY notifies CITY that the Maximum Obligation has decreased.
4b. If CITY is required to pay for increases as set forth in Subsection F-4a above, COUNTY, at the request of CITY will thereafter reduce the level of service to be provided to CITY as set forth in Attachment A of this Agreement to a level that will make the Maximum Obligation of CITY hereunder for the period July 1, 2022 through June 30, 2023 an amount specified by CITY that is equivalent to or higher or lower than the Maximum Obligation set forth in Subsection F-2 for said period at the time this Agreement originally was executed. The purpose of such adjustment of service levels will be to give CITY the option of keeping its Maximum Obligation hereunder at the pre-increase level or at any other higher or lower level specified by CITY. In the event of such reduction in level of

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PAYMENT: (Continued)
service and adjustment of costs, the parties shall execute an amendment to this Agreement so providing. Decisions about how to reduce the level of service provided to CITY shall be made by SHERIFF with the approval of CITY.

5. CITY shall pay COUNTY in accordance with COUNTY Board of Supervisors' approved County Billing Policy, which is attached hereto as Attachment D and incorporated herein by this reference.

6. COUNTY shall charge CITY late payment penalties in accordance with County Billing Policy.

7. Narcotic asset forfeitures will be handled pursuant to Attachment E hereto, which is incorporated herein by this reference.

8. CITY shall reimburse COUNTY for the cost of any equipment that is removed from service before the unamortized value is used.

9. As payment for the Licensing Services described in Subsection C-8 of this Agreement, COUNTY shall retain all fees paid by applicants for licenses pursuant to CITY ordinances listed in Attachment H hereto. Retention of said fees by COUNTY shall constitute payment in full to COUNTY for costs incurred by COUNTY in performing the functions related to licensing described in Subsection C-8; provided, however, that if any of said fees are waived or reduced by CITY, CITY shall pay to COUNTY the difference between the amount of fees retained by COUNTY and the fees that were set forth in the ordinances listed in Attachment H at the time this Agreement was executed. If CITY increases the fee schedule for the licensing ordinances set forth in Attachment H, either party shall have the right to seek amendment of this Agreement with respect to the division of the increased fees between CITY and COUNTY.
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28 OWNERSHIP OF POLICE STATION:

CITY will retain title to the land and building used for the San Clemente Police Station. CITY agrees to provide space at the City Hall premises to COUNTY for no further consideration during the period of this Agreement.

NOTICES:

1. Except for the notices provided for in Subsection 2 of this Section, all notices authorized or required by this Agreement shall be effective when written and deposited in the United States mail, first class postage prepaid and addressed as follows:

CITY:

COUNTY:

ATTN: CITY MANAGER
910 CALLE NEGOCIO
SAN CLEMENTE, CA 92673
ATTN: LAW ENFORCEMENT CONTRACT MANAGER

SHERIFF-CORONER DEPARTMENT
320 NORTH FLOWER STREET, SUITE 108
SANT A ANA, CA 92703

2. Termination notices shall be effective when written and deposited in the United States mail, certified, return receipt requested and addressed as above.

STATUS OF COUNTY:

COUNTY is, and at all times shall be deemed to be, an independent contractor.

Nothing herein contained shall be construed as creating the relationship of employer and employee, or principal and agent, between CITY and COUNTY or any of COUNTY's agents or employees. COUNTY and its SHERIFF shall retain all authority for rendition of services, standards of performance, control of personnel, and other matters incident to the performance of services by COUNTY pursuant to this Agreement. COUNTY, its agents and employees

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STATUS OF COUNTY: (Continued)
shall not be entitled to any rights or privileges of CITY employees and shall not be considered in any manner to be CITY employees.

STATE AUDIT:

Pursuant to Government Code Section 8546.7, CITY and COUNTY shall be subject to examination and audit by the State Auditor for a period of three (3) years after final payment by CITY to COUNTY under this Agreement. CITY and COUNTY shall retain all records relating to the performance of this Agreement for said three-year period, except that those records pertaining to any audit then in progress, or to any claim or litigation, shall be retained beyond said three-year period, until final resolution of said audit, claim or litigation.

ALTERATION OF TERMS:

This Agreement fully expresses all understanding of CITY and COUNTY with respect to the subject matter of this Agreement and shall constitute the total Agreement between the parties for these purposes. No addition to, or alteration of, the terms of this Agreement shall be valid unless made in writing, formally approved and executed by duly authorized agents of both parties.

INDEMNIFICATION:

1. COUNTY, its officers, agents, employees, subcontractors and independent contractors shall not be deemed to have assumed any liability for the negligence or any other act or omission of CITY or any of its officers, agents, employees, subcontractors or independent contractors, or for any dangerous or defective condition of any public street or work or property of CITY, or for any illegality or unconstitutionality of CITY's municipal ordinances. CITY shall indemnify and hold harmless COUNTY and its elected and appointed officials, officers, agents, employees, subcontractors and independent contractors from any claim, demand or liability whatsoever based or asserted upon the condition of any public street or work or

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property of CITY, or upon the illegality or unconstitutionality of any municipal ordinance of CITY that SHERIFF has enforced, or upon any act or omission of CITY, or its elected and appointed officials, officers, agents, employees, subcontractors or independent contractors related to this Agreement, including, but not limited to, any act or omission related to the maintenance or condition of any vehicle or motorcycle that is owned or possessed by CITY and used by COUNTY personnel in the performance of this Agreement, for property damage, bodily injury or death or any other element of damage of any kind or nature, and CITY shall defend, at its expense including attorney fees, and with counsel approved in writing by COUNTY, COUNTY and its elected and appointed officials, officers, agents, employees, subcontractors and independent contractors in any legal action or claim of any kind based or asserted upon such condition of public street or work or property, or illegality or unconstitutionality of a municipal ordinance, or alleged acts or omissions. If judgment is entered against CITY and COUNTY by a court of competent jurisdiction because of the concurrent active negligence of either party, CITY and COUNTY agree that liability will be apportioned as determined by the court. Neither party shall request a jury apportionment.

2. COUNTY shall indemnify and hold harmless CITY and its elected and appointed officials, officers, agents, employees, subcontractors and independent contractors from any claim, demand or liability whatsoever based or asserted upon any act or omission of COUNTY or its elected and appointed officials, officers, agents, employees, subcontractors or independent contractors related to this Agreement, for property damage, bodily injury or death or any other element of damage of any kind or nature, and COUNTY shall defend, at its expense, including attorney fees, and with

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counsel approved in writing by CITY, CITY and its elected and appointed officials, officers, agents, employees, subcontractors and independent contractors in any legal action or claim of any kind based or asserted upon such alleged acts or omissions.

OPERATIONS AGREEMENT:

1. CITY's Manager and COUNTY's SHERIFF are authorized to execute, on behalf of CITY and COUNTY, respectively, the Operations Agreement attached hereto as Attachment C.

2. Within the limitations set forth below, SHERIFF, on behalf of COUNTY, and CITY Manager, on behalf of CITY, are authorized to execute written amendments to the Operations Agreement. Amendments may be executed by SHERIFF and CITY Manager without prior approval by CITY's Council and COUNTY's Board of Supervisors only if they pertain to the same subject matter as the original Operations Agreement attached hereto and do not, in the aggregate, increase or decrease the total costs of CITY or the total expenses of COUNTY under this Agreement by more than one percent (1 %). Prior approval of CITY's Council and COUNTY's Board of Supervisors is necessary for any other amendment of the Operations Agreement.

SHERIFF and CITY Manager shall file copies of any amendments to the Operations Agreement with the Clerk of COUNTY's Board of Supervisors and CITY's Clerk.

TRAFFIC VIOLATOR APPREHENSION PROGRAM:

1. COUNTY has established a Traffic Violator Apprehension Program ["the Program"], which is operated by SHERIFF, and is designed to reduce vehicle accidents caused by unlicensed drivers and drivers whose licenses are suspended and to educate the public about the requirements of the Vehicle Code and related safety issues with regard to driver licensing,

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TRAFFIC VIOLATOR APPREHENSION PROGRAM: (Continued)
vehicle registration, vehicle operation, and vehicle parking. The Program operates throughout the unincorporated areas of the COUNTY and in the cities that contract with COUNTY for SHERIFF's law enforcement seNices, without regard to jurisdictional boundaries, because an area-wide approach to reduction of traffic accidents and driver education is most effective in preventing traffic accidents. In order for CITY to participate in the Program, CITY has adopted fees pursuant to Vehicle Code Section 22850.5, in the same amount as approved by COUNTY, as set forth in the resolution that is attached hereto as Attachment F and incorporated into this Agreement by reference [hereinafter called a "TVAP resolution"], and has directed that the revenue from such fee be used for the Program. CITY's participation in the Program may be terminated at any time by rescission or amendment of its TVAP resolution that is attached hereto as Attachment F. In the event CITY 1) amends said TVAP resolution, or rescinds said TVAP resolution and adopts a new TVAP resolution pertaining to the above-referenced fees and the Program, and 2) remains a participant in the Program thereafter, CITY's Manager, on behalf of CITY, and SHERIFF, on behalf of COUNTY, have authority to execute an amendment of this Agreement to substitute CITY's amended or new TVAP resolution for Attachment F hereto, as long as said amendment to this Agreement does not materially change any other provision of this Agreement. As COUNTY updates its fees for the Program periodically, COUNTY will provide written notice to CITY of the updated fees. CITY's participation in the program will terminate if CITY determines not to adopt the updated fees for the Program.

2. COUNTY will make available for review, at the request of CITY, all financial data related to the Program as may be requested by CITY.

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TRAFFIC VIOLATOR APPREHENSION PROGRAM: (Continued)

3. Fee revenue generated by COUNTY and participating cities will be used to fund the following positions, which will be assigned to the Program:
• Ten one hundredths of one (0.10) Sergeant
(8 hours per two-week pay period)
• One (1) Staff Specialist
(80 hours per two-week pay period)
• One (1) Office Specialist
(80 hours per two-week pay period)

4. Fee revenue generated by CITY may be used to reimburse CITY for expenditures for equipment and/or supplies directly in support of the Program. In order for an expenditure for equipment and/or supplies to be eligible for reimbursement, CITY shall submit a request for and obtain preapproval of the expenditure by using the form as shown in Attachment G.

The request shall be submitted within the budget schedule established by SHERIFF. SHERIFF shall approve the expenditure only if both of the following conditions are satisfied: 1) there are sufficient Program funds, attributable to revenue generated by CITY's fee, to pay for the requested purchase, and 2) CITY will use the equipment and/or supplies, during their entire useful life, only for purposes authorized by its TVAP resolution in effect at the time of purchase.

In the event that CITY terminates its participation in the Program, CITY agrees that the equipment purchased by CITY and reimbursed by Program funds will continue to be used, during the remainder of its useful life, exclusively for the purposes authorized by CITY's TVAP resolution in effect at the time of purchase.

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0. TRAFFIC VIOLATOR APPREHENSION PROGRAM: (Continued)

5. In the event the fees adopted by COUNTY, CITY and other participating jurisdictions are not adequate to continue operation of the Program at the level at which it operated previously, COUNTY, at the option of CITY, will reduce the level of Program service to be provided to CITY or will continue to provide the existing level of Program services. COUNTY will charge CITY the cost of any Program operations that exceed the revenue generated by fees. Such charges shall be in addition to the Maximum Obligation of CITY set forth in Subsection F-2 of this Agreement. The amount of any revenue shortfall charged to CITY will be determined, at the time the revenue shortfall is experienced, according to CITY's share of Program services rendered. In the event of a reduction in level of Program service, termination of Program service or adjustment of costs, the parties shall execute an amendment to this Agreement so providing. Decisions about how to reduce the level of Program service provided to CITY shall be made by SHERIFF with the approval of CITY.

MOBILE DATA COMPUTERS:

1. As part of the law enforcement services to be provided to CITY, COUNTY has provided, or will provide, mobile data computers (hereinafter called "MDCs") that are or will be mounted in patrol vehicles and motorcycles, designated by COUNTY for use within CITY limits.

2. SHERIFF has the exclusive right to use said MDCs for law enforcement services related to this Agreement.

3. CITY shall pay COUNTY the full costs to COUNTY of a) the acquisition and installation of MDCs that are or will be mounted in patrol vehicles and motorcycles assigned to CITY, and b) recurring costs, as deemed necessary by COUNTY, including the costs of maintenance and contributions to a fund for replacement and upgrade of such MDCs when

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MOBILE DATA COMPUTERS: (Continued)
they become functionally or technologically obsolete.

The costs to be paid by CITY for recurring costs, including maintenance and replacement/upgrade of MDCs, are included in the costs set forth in Attachment B and the Maximum Obligation of CITY set forth in Subsection F-2 of this Agreement unless CITY has already paid such costs. CITY shall not be charged additional amounts for maintenance or
replacement/upgrade of said MDCs during the period July 1, 2022 through June 30, 2023.

4. If, following the initial acquisition of MDCs referenced above, CITY requires MDCs for additional patrol cars or motorcycles designated for use in the CITY, or for CITY's Emergency Operations Center, COUNTY will purchase said additional MDCs. Upon demand by COUNTY, CITY will pay to COUNTY a) the full costs of acquisition and installation of said additional MDCs, and b) the full recurring costs for said MDCs, as deemed necessary by COUNTY, including the costs of maintenance, and contributions to a fund for replacement and upgrade of such MDCs when they become functionally or technologically obsolete. Said costs related to additional MDCs are not included in, and are in addition to, the costs set forth in Attachment B and the Maximum Obligation of CITY set forth in Subsection F-2 of this Agreement.

5. COUNTY will replace and/or upgrade MDCs as needed. The costs of replacing/upgrading MDCs shall be paid by COUNTY from the replacement/upgrade funds to be paid by CITY in accordance with the foregoing. CITY shall not be charged any additional charge to replace or upgrade MDCs.

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28 E-CITATION UNITS:

1. As part of the law enforcement services to be provided to CITY, COUNTY has provided, or will provide, E-Citation units designated by COUNTY for use within CITY limits.

2. SHERIFF has the exclusive right to use said E-Citation units for law enforcement services related to this Agreement.

3. CITY shall pay COUNTY the full costs to COUNTY of a) the acquisition of E-Citation units that are assigned to CITY, and b) recurring costs, as deemed necessary by COUNTY, including the costs of maintenance and contributions to a fund for replacement and upgrade of such E-Citation units when they become functionally or technologically obsolete.

The costs to be paid by CITY for recurring costs, including maintenance and replacement/upgrade of E-Citation units, are included in the costs set forth in Attachment B and the Maximum Obligation of CITY set forth in Subsection F-2 of this Agreement unless CITY has already paid such costs.

CITY shall not be charged additional amounts for maintenance or replacement/upgrade of said E-Citation units during the period July 1, 2022 through June 30, 2023.

4. If, following the initial acquisition of E-Citation units referenced above, CITY requires E-Citation units designated for use in CITY, COUNTY wi ll purchase said additional E-Citation units. Upon demand by COUNTY, CITY will pay to COUNTY a) the full costs of acquisition of said additional E-Citation units, and b) the full recurring costs for said E-Citation units, as deemed necessary by COUNTY, including the costs of maintenance, and contributions to a fund for replacement and upgrade of such E-Citation units when they become functionally or technologically obsolete. Said costs related to additional E-Citation units are not included in, and are in addition to, the costs set forth in Attachment B and the Maximum Obligation of CITY

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E-CITATION UNITS: (Continued)
set forth in Subsection F-2 of this Agreement.

5. COUNTY will replace and/or upgrade E-Citation units as needed. The costs of replacing/upgrading E-Citation units shall be paid by COUNTY from the replacement/upgrade funds to be paid by CITY in accordance with the foregoing. CITY shall not be charged any additional charge to replace or upgrade E-Citation units.

LICENSING SERVICES BY CITY:

Upon receipt from SHERIFF of investigations of application for licenses referred to in Subsection C-8 of the Amendment, CITY Manager shall determine whether to grant or deny the licenses and will issue the licenses or notify the applicants of denial. CITY shall provide all attorney services related to the granting, denial, revocation and administration of said licenses and enforcement of CITY ordinances pertaining to said licenses.

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IN WITNESS WHEREOF, the parties have executed the AGREEMENT 2 in the County of Orange, State of California.
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ATTEST: ________ _
City Clerk
DATED: _________ _

CITY OF SAN CLEMENTE
BY: __________ _
Mayor Pro Tern
APPROVED AS TO FORM:

BY: __________ _
City Attorney
11 --------------------------------------------------------------------------------------------------------------- 12 DATED:
13 14
------------

COUNTY OF ORANGE
15 BY:
16 17
--------------- Chairman of the Board of Supervisors
County of Orange, California

SIGNED AND CERTIFIED THAT A COPY OF THIS
18 AGREEMENT HAS BEEN DELIVERED TO THE CHAIR
19 OF THE BOARD PER G.C. Sec. 25103, Reso 79-1535
Attest:
20 21
Robin Stieler 22 Clerk of the Board
23 County of Orange, California
APPROVED AS TO FORM:
24 25
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28 Office of the County Counsel
County of Orange, California
BY: ?1 ,e,v&
Deputy
W ~
DATED: <:;;/3/z-z_ '

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ORANGE COUNTY SHERIFF-CORONER
FY 2022-23 LAW ENFORCEMENT CONTRACT

CITY OF SAN CLEMENTE
"REGULAR SERVICES BY COUNTY"
(Subsection C-3)

ATTACHMENT A
LEVEL OF SERVICE PROVIDED BY SHERIFF·
Title Detail Quantity Frequency
MANAGEMENT:

Captain 1.00
SUPERVISION:

Sergeant Administrative 1.00 80 hrs./ per two wk. pay period Sergeant Patrol 4.00 each, 80 hrs./ per two wk. pay period INVESTIGATION SERVICES:

Investigator 4.00 each, 80 hrs./ per two wk. pay period PATROL , COMMUNITY SUPPORT, SPECIAL ENFORCEMENT, TRAFFIC AND PARKING SERVICES*:

Deputy Sheriff II Patrol, DET & SRO 34.00 each, 80 hrs./ per two wk. pay period Deputy Sheriff II -Motor Traffic 3.00 each, 80 hrs./ per two wk. pay period ADDITIONAL SERVICES*:

Community Services Officer Parking Control 4.00 each, 80 hrs./ per two wk. pay period Office Specialist City Support Services 2.00 each, 80 hrs./ per two wk. pay period Crime Prevention Specialist 1.00 80 hrs./ per two wk. pay period TOTAL 54.00
• Deployment to be determined by SHERIFF in cooperation with CITY Manager REGIONAL/ SHARED STAFF·
Title Regional Team Quantity % Allocation
TRAFFIC:

SerQeant Traffic 0.60 10.75%
Deputy Sheriff II Traffic 4.00 10.75%
lnvestiQative Assistant Traffic 2.00 10.75%
Office Specialist Traffic 1.00 10.75%
AUTO THEFT:

Seraeant Auto Theft 0.30 10.17%
I nvestioator Auto Theft 2.00 10.17%
lnvestioative Assistant Auto Theft 1.00 10.17%
Office Specialist Auto Theft 1.00 10.17%
DET:

Sen:ieant DET 1.00 7.76%
lnvestiQator DET 1.00 7.76%
COURTS:
lnvestiQative Assistant Courts 2.00 25.42%
MOTORCYCLE (shared Supervision):

SerQeant Motorc~le Suoervision 1.00 8.16%
TOTAL 16.90

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ORANGE COUNTY SHERIFF-CORONER
FY 2022-23 LAW ENFORCEMENT CONTRACT

CITY OF SAN CLEMENTE
"PAYMENT"
(Subsection F-2)
COST OF SERVICES PROVIDED BY SHERIFF /Subsection F-2\·
Cost of Service
Title Detail Quantity (each)
MANAGEMENT:

Captain 1.00 s 431 ,068
SUPERVISION:

Sergeant Administrative 1.00 $ 358,583
Sergeant Patrol 4.00 s 358,583
INVESTIGATION SERVICES:

Investigator 4.00 $ 361,889
PATROL , COMMUNITY SUPPORT, SPECIAL ENFORCEMENT, TRAFFIC AND PARKING SERVICES*:

Deputy Sheriff 11 Patrol, DET, & SRO 34.00 $ 295,858
Deputy Sheriff II • Motor Traffic 3.00 $ 300,859
ADDITIONAL SERVICES:

Community Services Officer Parkinq Control 4.00 $ 133,976 Office Soecialist City Support Services 2.00 $ 105,089
Crime Prevention Specialist 1.00 s 117,186
TOTAL POSITIONS 54.00
REGIONAL/ SHARED STAFF·
Title Regional Team Quantity % Allocation
TRAFFIC:

Sergeant Traffic 0.60 10.75%
Deputy Sheriff 11 Traffic 4.00 10.75%
Investigative Assistant Traffic 2.00 10.75%
Office Specialist Traffic 1.00 10.75%
AUTO THEFT:

Sergeant Auto Theft 0.30 10.17%
Investigator Auto Theft 2.00 10.17%
Investigative Assistant Auto Theft 1.00 10.17%
Office Specialist Auto Theft 1.00 10.17%
DET:

Sergeant DET 1.00 7.76%
Investigator DET 1.00 7.76%
COURTS:

Investigative Assistant Courts 2.00 25.42%
MOTORCYCLE (shared Supervi sion):

Seraeant Motorcyle Supervision 1.00 12.25%
TOTAL REGIONAL/SHARED 16.90
OTHER CHARGES AND CREDITS (Subsection F-21:

OTHER CHARGES:

ATTACHMENT B
Cost of Service
Total
$ 431,068
$ 358,583
s 1,434,332
$ 1,447,556
$ 10,059,172
s 902,577
$ 535,904
$ 210,178
$ 117,186
$ 15,496,556
Cost$
$ 31,788
$ 163,560
$ 33,526
$ 13,047
$ 15,007
$ 70,460
$ 15,913
$ 11 ,912
$ 33,675
$ 31,217
$ 79,728
$ 47,901
$ 547,734
Other Charges include: Annual leave paydowns and apportionment of cost of leave balances paid at end of employment; Body Worn Camera (BWC) and In Car Video (!CV): contract administration; data line charges; enhanced helicopter response services: E-Citation recurring costs forfour (4) units; holiday pay; lnlegrated Law & Justice of Orange County fees; Mobile Data Computer (MDC) acquisition cost for one (1) unti and recurring cost for twenty-five (25) units; overtime; patrol training cost allocation: premium pay for bilingual staff, education incentive pay, MART pay and on-call; services and supplies: and transportation charges.

CREDITS:

Credits include: AB 109 (2011 Public Safety Realignment): estimated vacancy credits; False Alarm fees, reimbursement for training and miscellaneous programs: and retirement rate discount for FY 2022-23.

TOTAL OTHER CHARGES AND CREDITS $ 2,643,191
TOTAL COST OF SERVICES (Subsection F-2) $ 18,687,481

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8 OPERATIONS AGREEMENT

BETWEEN THE

SHERIFF-CORONER

AND THE

CITY OF SAN CLEMENTE
Effective July 1, 2022

ATTACHMENT C
The purpose of this OPERATIONS AGREEMENT is to define, in greater detail, 9 the areas of responsibility set forth in the Agreement to which this Operations 10 Agreement is attached, between the CITY OF SAN CLEMENTE, hereinafter referred 11 to as "CITY" and COUNTY OF ORANGE, SHERIFF-CORONER, hereinafter referred 12 to as "SHERIFF".
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USAGE OF SAN CLEMENTE POLICE STATION BUILDING AND PROPERTY

1. Personnel Authorized to Use the Facility
SHERIFF will utilize the Police Station building located at the City Hall to house and deploy SHERIFF employees whose services are contracted to CITY.

2. Fuel Delivery
(a) Except when it is necessary for SHERIFF personnel to obtain fuel from another source, CITY will purchase, and provide via CITY'S fuel pumps, all fuel used by vehicles to provide services contracted to CITY, except for the motorcycles. When it is necessary for Sheriff personnel to obtain fuel for vehicles other than the motorcycles from a source other than CITY's fuel pumps, CITY will reimburse SHERIFF for the cost of such fuel purchases. Limited reimbursement of such costs is included in the costs set forth in Attachment B and the Maximum Obligation set forth in Subsection F-2 of the Agreement.

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28 ATTACHMENT C
USAGE OF SAN CLEMENTE POLICE STATION BUILDING & PROPERTY:
(Continued)
(b) SHERIFF will purchase fuel used by the motorcycles to provide services contracted to CITY. CITY will reimburse SHERIFF for all costs of fuel for the motorcycles. The cost of all such reimbursements is included in the costs set forth in Attachment B and the Maximum Obligation set forth in Subsection F-2 of the Agreement.

3. Booking Prisoners
Prisoners detained in CITY will be booked into the SHERIFF Intake-Release Center. Prisoners will not be booked or housed at the Police Station.

4. Fingerprinting and Copying Services
Fingerprinting and copying services will be performed by SHERIFF employees located at the Police Station.

5. Record Retention
Effective July 2, 1993, all Police Department records relating to active case matters were transferred to SHERIFF.

OWNERSHIP AND MAINTENANCE OF FACILITY AND PROPERTY

1. Ownership
CITY shall retain title to the land and building used for the San Clemente Police Station.

2. Facility Maintenance
CITY shall provide routine daily janitorial services and supplies as referenced in the lease agreement. SHERIFF will augment CITY's services by using SHERIFF Community Work Program participants to perform additional daytime housekeeping and maintenance tasks.

3. Utility, Maintenance and Routine Repair Costs
CITY shall pay all utility, maintenance and routine repair costs, including telephone charges. CITY shall maintain the existing telephone system.

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ATTACHMENT C
OWNERSHIP & MAINTENANCE OF FACILITY AND PROPERTY: (Continued)

4. Equipment Ownership, Maintenance and Replacement
CITY shall retain ownership of CITY purchased office furniture and equipment at the Police Station. CITY computers and related hardware are to be serviced and maintained by CITY.

5. Vehicles, including Motorcycles
a. CITY shall retain ownership of all motorcycles used for traffic enforcement. CITY shall provide maintenance and repair for all motorcycles. CITY may elect to discontinue motorcycle patrols and instead use patrol vehicles.
b. Effective October 1, 2011, CITY shall retain ownership and responsibility for maintenance, repair and replacement of eight vehicles as defined in a separate Agreement Regarding Transfer of Vehicles between the CITY and the SHERIFF.

SATELLITE OFFICE SPACE AT THE OUTLETS AT SAN CLEMENTE:

The County, by and through SHERIFF, has entered into a separate License Agreement with Villa San Clemente, LLC, a California limited liability company (hereinafter referred to as "Licensor") for SHERIFF to have satellite office space at The Outlets at San Clemente (hereinafter referred to as "License Area") for use by SHERIFF's personnel assigned to CITY. A copy of the License Agreement has been provided to CITY. CITY will not be a party to this License Agreement but agrees to provide the following contributions for the development and financial support of the License Area:

1. CITY will reimburse SHERIFF for interior maintenance, repairs and janitorial services and supplies for the License Area that occur after the Commencement Date of the License.

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ATTACHMENT C

REVENUE GENERATED BY CITY SERVICES AND ACTIVITIES
Revenue generated by CITY fees, including but not limited to the following, will be at rates established by CITY and will be retained by CITY. • Bicycle licensing
• Fingerprinting
• Visa letters
• Report duplication
• DUI cost recovery
• Special police services

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ATTACHMENT C
IN WITNESS WHEREOF, the parties have executed the OPERATIONS 2 AGREEMENT in the County of Orange, State of California. 3 4
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ATTEST:

City Clerk of the City of
San Clemente
DATED:

COUNTY OF ORANGE
BY:

SHERIFF-CORONER
APPROVED AS TO FORM:

Office of the County Counsel
County of Orange, California
BY: , ~0&//Q
Deputy
DATED: r;;/3/22-- j ;
DATED: _ __________ _

CITY OF SAN CLEMENTE
BY: -------------- CITY MANAGER
APPROVED AS TO FORM:

City Attorney

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ATTACHMENT D

COUNTY BILLING POLICY
APPROVED BY BOARD MINUTE ORDER DATED OCTOBER 27, 1992
I. POLICY
All County agencies/departments/districts (County) governed by the Board of Supervisors shall bill contracting entities for materials and/or services provided under contract in accordance with the following standardized billing and collection policy. Billing frequency is dependent on whether the contract is a fixed price or actual cost contract. Payment due date is designed to be both responsive to the County's cash flow needs and reasonable enough as to not require special processing by the contracting entity. If payments are not received by the required due dates, a late payment fee shall be computed and billed to the contracting entity in accordance with the requirements of this procedure.

Nothing herein shall affect the liability, including pre-judgment interest, of the contracting party for services or materials in as much as this is a policy to enact standard billing practices.

II. DEFINITIONS
A. Contract for the purposes of this policy - A contract is a formal written agreement, a purchase order from the contracting entity, or any other acceptable mutual understanding between the contracting parties.

B. Received by the County - The phrase "received by the County", as used in Section VI of this policy, refers to the date a payment is received by the County. It is defined as the date the payment is in the County's possession. It is not the date the payment is posted or deposited by the County.

Ill. FIXED PRICE CONTRACTS
A. Fixed Price (One-Time/Non-Recurring Contracts) - Invoices that represent a billing for a one-time, non-recurring provision of materials and/or services shall be issued no later than five (5) working days after delivery by the County of the materials and/or services.

Examples of such one-time, non-recurring provision of materials and/or services might be a city contracting with the Sheriff for security service at a parade or sporting event; or, a city purchasing a computer listing containing certain city-requested data. Payment due date shall be invoice date plus 30 days.

B. Fixed Price (Ongoing/Recurring Contracts) - Invoices that represent a billing for an ongoing, recurring provision of materials and/or services shall be issued according to the following frequency:

1. Annual Billings that total $10,000 or less per 12-month period shall be billed via one (1) annual invoice. Annual invoices will be issued for each 12-month period of the contract, or portions thereof. Invoices shall be issued no later than five working days after the beginning of each 12-month period. Payment due date shall be invoice date plus 30 days.

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2. Quarterly Billings that are greater than $10,000 but not more than $200,000 per 12- month period, shall be billed in quarterly installments. Quarterly invoices will be issued representing the contract amount for each 12-month period of the contract, or portions thereof, prorated into four ( 4) installments. Invoices shall be issued no later than 30 days after the beginning of each quarter. Payment due date shall be 60 days after the beginning of each calendar quarter.

3. Monthly Billings that are greater than $200,000 per 12-month period shall be billed in monthly installments. Monthly invoices will be issued representing the contract amount for each 12-month period of the contract, or portions thereof, prorated into 12 installments. Invoices shall be issued on or before the first day of each service month. Payment due date shall be 30 days after the beginning of each service month.

An example of a fixed price contract for ongoing, recurring provision of materials and/or services might be a city contracting with the Sheriff for law enforcement services.

IV. ACTUAL COST CONTRACTS
A Actual Cost (One-Time/Non-Recurring Contracts) - Invoices that represent a billing for a one-time, non-recurring provision of materials and/or services shall be issued after delivery by the County of the materials and/or services and no later than 15 days after actual cost data is available. Payment due date shall be invoice date plus 30 days.

B. Actual Cost (Ongoing/Recurring Contracts) - Invoices that represent a billing for an ongoing, recurring provision of materials and/or services shall be issued on a monthly basis and shall represent the cost of materials and/or services provided to the contracting entity during the previous calendar month. Such invoices shall be issued no later than 15 days after the close of the monthly billing period. If the County agency/department/district does not utilize a monthly billing cyc!e, the invoice shal! be issued no later than 15 days after actual cost data is available. Payment due date shall be invoice date plus 30 days.

Examples of actual cost contracts for the ongoing, recurring provision of materials and/or services might be a city contracting with the County for communications equipment repair or waste disposal at a County landfill.

V. PAYMENT DUE DATES
Notwithstanding the provisions of Sections II and Ill above, payment due date shall be at least invoice date plus 30 days. If the County is late in issuing an invoice, the contracting entity would always have at least invoice date plus 30 days to pay. If the County is early in issuing an invoice, the contracting entity would still have a payment due date of either 60 days after the beginning of the quarter (quarterly invoices) or 30 days after the beginning of the service month (monthly invoices).
(EXAMPLES: An invoice for October service, dated and issued October 8 (late) would have a payment due date of November 7. An invoice for August service, dated and issued July 20 (early) would have a payment due date of August 30.)

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VI. LATE CHARGES
The late payment of any invoiced amount by a contracting entity will cause the County to incur costs not contemplated by the County/contracting entity agreement, the exact amount of such cost will be extremely difficult to ascertain. Such costs include, but are not limited to, costs such as administrative follow-up and processing of delinquent notices, increased accounting costs, etc.

Late charges will be assessed in the following situations:
- Over-the-counter payments will be assessed a late charge if any payment is not received by the County by the payment due date.
- Payments transmitted to the County via the U.S. Mail that have the payer's postage meter mark will be assessed a late charge if any payment is not received by the County by the payment due date plus one day.
- Payments transmitted to the County via the U.S. Mail that have a U.S. Post Office postmark dated after the payment due date will be assessed a late charge.

The late charge assessed in each of these situations shall be three-quarters of one percent (0.75%) of the payment due and unpaid plus $100.00 for late payments made within 30 days of the payment due date. An additional charge of three-quarters of one percent (0.75%) of said payment shall be added for each additional 30-day period that the payment remains unpaid. Late charges shall be added to the payment and invoiced to the contracting entity in accordance with this policy.

VI I. COLLECTIONS
Any invoice remaining unpaid 90 days after the invoice date shall be referred to the AuditorController for subsequent collection action, such as deduction from contracting entity moneys on deposit with the County Treasurer in accordance with Government Code Section 907 and any other applicable provision of law. Non-payment of invoices and applicable late charges will constitute a breach of contract for which the County retains all legal remedies including termination of the contract.

VIII. DISCOUNT FOR EARLY PAYMENT
Any payment received by the County from a contracting entity 20 days or more before the payment due date shall be entitled to a discount of one-quarter of one percent (0.25%). If the contracting entity takes a discount, and the payment is received by the County less than 20 days before the payment due date, County staff shall immediately notify the contracting entity by telephone that the discount should not have been taken and that the balance is due by the original payment due date.

If the balance is not received by the County in accordance with the dates as specified in Section VII, applicable late charges shall be calculated on the balance due.

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IX. DEFERRED REVENUE
At fiscal year end, any portion of revenue invoiced (not necessarily received) during the fiscal year being closed out that represents charges or prepayment for materials and/or services for the upcoming fiscal year shall be reclassified from a revenue account to a deferred revenue account (liability). In the new fiscal year the deferred revenue shall be reclassified to a revenue account. (EXAMPLE: On June 1, 19X1, a city is invoiced $48,000 which represents charges for the 12-month period June 1, 19X1 to May 31, 19X2. The amount to be reclassified to deferred revenue would be $44,000, representing 11 /12ths of the total amount. In July 19X1, the $44,000 would be reclassified to revenue.) Reclassification entries shall be made by Auditor-Controller Agency Accounting units, or for those agencies/departments/districts without such a unit, the agency/department/district shall notify the Auditor-Controller of the amounts to be reclassified.

X. COST RECOVERY
All County agencies/department/districts shall include all costs of providing contracted services in contract rates. Including all direct costs, allocated indirect costs such as departmental and County (CWCAP) overhead, and cost of capital financing.

XI. EXISTING CONTRACTS
Billing terms and provisions contained in existing contracting entity agreements (existing as of the date this policy is approved by the Board of Supervisors) shall remain in effect for the life of the contract. However, when these existing contracts are renegotiated, they shall contain the billing provisions as set forth in this policy.

XII. DEVIATIONS FROM POLICY
Deviations from this policy shall be approved by the Board of Supervisors. Proposed deviations by agencies/departments/districts shall be submitted to the CEO for concurrence in advance of filing an Agenda Item Transmittal (AIT) with the Clerk of the Board. The CEO, or his/her designee, shall advise the agency/department/district of approval or disapproval of the proposed deviations. If a County agency/department/district submits a contract to the Board of Supervisors for approval, and the billing provisions in the contract deviate from this policy, the agency/department/district shall specifically advise the Board of Supervisors in the AIT of the deviation, the reason for the deviation, and of the CEO's recommendation relative thereto.

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ATTACHMENT E

POLICY FOR DISTRIBUTION OF FORFEITED AND SEIZED ASSETS

BACKGROUND
The Orange County Sheriff's Department provides contract law enforcement services to cities in Orange County. Because of the increased likelihood that contracted patrol or investigation personnel may become involved in significant narcotic seizures, which could affect law enforcement services provided by the Sheriff's Department to contract cities, the following policy is in effect.

CONTRACTED PATROL AND INVESTIGATION OFFICERS
When assets (cash or property) are seized in CITY by contracted patrol or investigation personnel, and subsequently forfeited to COUNTY's Sheriff Department, hereinafter referred to as "SHERIFF", the forfeited assets shall be shared with CITY as set forth below, for the purpose of augmenting law enforcement services in CITY, subject to guidelines by the forfeiting agency of such sharing and use of forfeited assets. A portion of forfeited assets may be retained by SHERIFF, to pay for departmental expenses not recovered through law enforcement contracts.

In such cases, pursuant to the forfeiting agency's guidelines, SHERIFF shall apply to the forfeiting agency for the return of a share of assets. In his application, SHERIFF shall specify the percentage of shared assets returned to SHERIFF that will be used to augment law enforcement services in CITY and the use of said assets by CITY.

In those cases in which assets are seized within CITY by personnel assigned to CITY pursuant to this Agreement, without the involvement of other law enforcement personnel, and in which the seizure is a result solely of activities self-initiated by SHERIFF personnel assigned to CITY or initiated by said personnel in response to calls for service within CITY, SHERIFF shall apply to have all of the assets used to augment CITY law enforcement services.

In those cases in which SHERIFF personnel assigned to CITY pursuant to this Agreement play an ancillary role in a seizure or in which other law enforcement personnel are involved in a seizure, SHERIFF shall determine the percentage of the total forfeited assets for which he will apply to augment CITY's law enforcement services. This determination will be based on the circumstances of the seizure, including the pro-rata involvement of all personnel, including those assigned to CITY.

Each seizure will be evaluated on an individual and independent basis, and said evaluations will be available for review to CITY's manager. Examples of those incidents which would be evaluated as set forth in this section include situations in which a contract patrol deputy provides uniformed backup at a SHERIFF's Narcotic Bureau search warrant location or in which contract investigators participate in the service of a search warrant that was initiated by non-contract law enforcement personnel.

Assets (cash or property) that are returned to SHERIFF by the forfeiting agency with the understanding that they will be used to augment CITY law enforcement services shall be used by CITY and SHERIFF only for such purposes. If the forfeiting agency attaches additional or more specific conditions to the use of said assets, CITY and SHERIFF shall also abide by those conditions. SHERIFF and CITY's manager shall determine the specific use of said assets within the conditions imposed by the forfeiting agency. 5/7/2020 Rev.
6-7-22 I 4R-39

ATTACHMENT F
RESOLUTION NO. 21-11

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF SAN CLEMENTE, CALIFORNIA,

AUTHORIZING THE ORANGE COUNTY SHERIFF'S

DEPARTMENT TO COLLECT ITS UPDATED FEE

FOR THE TRAFFIC VIOLATOR APPREHENSION

PROGRAM IN THE CITY OF SAN CLEMENTE
WH!=REAS, the Orange County Sheriff-Coroner ("the Sheriff') has instituted a Traffic Violator Apprehension Program designed to reduce vehicle accidents caused by unlicensed drivers and drivers whose licenses are suspended and to educate the public about the requirements of the Vehicle Code and related safety issues with regard to driver licensing, vehicle registration, vehicle operation, and parking; and WHEREAS, the Sheriff operates the Traffic Violator Apprehension Program in the unincorporated areas of Orange County and in cities (such as the City of San Clemente) that contract for the Sheriff's law enforcement services; and WHEREAS, operating the Traffic Violator Apprehension Program on an area-wide basis without regard to jurisdictional boundaries between the County and contract cities serves the public purpose of the City because drivers routinely cross jurisdictional boundaries, making an area-wide approach to reduction of traffic accidents and driver education most effective in preventing traffic accidents in all participating jurisdictions; and
WHEREAS, on March 28, 2000, the Orange County Board of Supervisors adopted Resolution No. 00-96, which established fees for the Traffic Violator Apprehension Program that are applicable in unincorporated areas of the County. The fees established by County Resolution No. 00-96 address the Sheriff's administrative costs relating to the removal, impound, storage, or release of properly impounded vehicles; and WHEREAS, on August 2, 2000, the San Clemente City Council adopted Resolution No. 00-54, which authorized the Sheriff to collect fees in the City in connection with the Traffic Violator Apprehension Program in amounts identical to the County's fees as set forth in County Resolution No. 00-96; and
WHEREAS, the Board of Supervisors has established an interest-earning, budgeted special revenue fund, called the "Traffic Violator Fund" and designated as Fund 138, to be controlled by the Sheriff; and
WHEREAS, the Board of Supervisors has directed that proceeds from the Traffic Violator Apprehension Program fees be deposited into the Traffic Violator Fund; and WHEREAS, the Board of Supervisors has directed that funds from the Traffic Violator Fund must be used to reimburse the Sheriff for the administrative costs associated with the removal, storage, impound, and release of vehicles in accordance with the California Vehicle Code ("Vehicle Code"); and
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Resolution No. 21-11 Page 2
WHEREAS, the Sheriff impounds vehicles removed from highways, public property, and private property in the unincorporated areas of the County and in contract cities pursuant to the following authority under the Vehicle Code:

Vehicle Code Section and Impound Ground
14602.6 Suspended, revoked or unlicensed driver/30-day hold 22651 (a) Unattended vehicle on bridge
22651 (d) Vehicle blocking driveway
22651 (e) Vehicle blocking fire hydrant
22651 (f) Vehicle blocking freeway
22651 (h) (1) Driver arrested
22651 (h) (2) Order of suspension or revocation pursuant to section 13388 22651 (i) (1) Multiple parking citations
22651 U) Lack of vehicle registration
22651 (k) Parking over seventy-two hours
22651 (I) Parking in a construction zone
22651 (,:n) Violation of special events restriction
22651 (n) No parking zone
22651 (o) (1) Vehicle registration is incorrect, falsified or expired by more than six months
22651 (p) Driver unlicensed or license suspended
22651 (r) Vehicle blocking another vehicle
22651 (t) Notice to appear/illegal amber lights
22651 (u) Acting as a car dealer without a license or temporary permit 22651 (v) Illegally letting stand a mobile billboard advertisement 22651 (w) Second or subsequent violation of an ordinance 22655.3 Removal for investigation (fleeing in violation of section 2800.1 or 2800.2)
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Resolution No. 21-11 Page 3
22655.5
22655.5
22669
(a) Vehicle was used as the means of committing a public offense (b) Vehicle is evidence of crime
Abandoned vehicle
WHEREAS, Vehicle Code section 22850.5 authorizes the City Council, by resolution, to establish a fee equal to the administrative costs relating to ·the removal, impound, storage, or release of properly impounded vehicles; and WHEREAS, over 20 years have passed since the Board of Supervisors • first established the Traffic Violator Apprehension Program fees in County Resolution No. 00- 96; and
WHEREAS, a cost study prepared in 2020 by the Sheriff demonstrated a need to update the County's Traffic Violator Apprehension Program fees. The Sheriff's cost study determined that the Sheriff's administrative costs relating to the removal, impound, storage, or release of vehicles properly impounded under the Vehicle Code is $144.00 per removal; and
WHEREAS, on November 17, 2020, the Board of Supervisors adopted an updated Traffic Violator Apprehension Program fee of $144.00 per removal; and WHEREAS, consistent with the City's authority under Vehicle Code section 22850.5, the Sheriff has requested that the City update its Traffic Violator Apprehension fees to match the County's new fee of $144.00 per removal; WHEREAS, the City Council desires to update the Traffic Violator Apprehension Program fee to match the County and further desires for the Sheriff to continue to collect the fee on behalf of the City. Continuing with such a practice will ensure that persons whose vehrcles are impounded, rather than the public as a whole, will bear the administrative costs of such impounds; and
WHEREAS, Vehicle Code section 22850.5 imposed the following restrictions on the' imposition of this administrative fee:
a) The fee may only be imposed on the registered owner or the agents of that owner and may not include any vehicle towed under an abatement program or sold at a lien sale pursuant to Sections 3068.1 to 3074, inclusive, of, and Section 22851 of, the Civil Code unless the sale is sufficient in amount to pay the lienholder's total charges and proper administrative costs; and b) Any charges shall be collected by the local or state authority only fro!TI the registered owner or an agent of the registered owner; and c) The charges shall be in addition to any other charges authorized or imposed pursuant to this code; and
55452.011 00\33755780. 1
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Resolution No. 21-11 Page 4
d) The fee does not include any administrative costs associated with conducting a hearing or appeal relating to the removal, impound, storage, or release of a vehicle; and '
WHEREAS, in addition to the limitations set forth above, it is also unfair to impose the administrative fee authorized by Vehicle Code section 22850.5 in the following circumstances: 1) when the vehicle was left because it became inoperable while being drive, if the owner makes good faith attempts promptly to remove the vehicle from location where it is not permitted, 2) when the vehicle was stolen, 3) when the vehicle was left by an ill or injured driver, and 4) when it is demonstrated to the satisfaction of the Sheriff or his/her designee that neither the registered owner of the vehicle nor his/her agent, if any, was at fault in creating the circumstances leading to the.impounding of the vehicle; and WHEREAS, a notice of public hearing with respect to the proposed new Traffic Violator Apprehension Program fee provided herein was given according to law; and WHEREAS, a public hearing pertaining to the new Traffic Violator Apprehension Program fee was held on May 4, 2021; and

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE,

CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE, FIND AND ORDER AS FOLLOWS:

SECTION 1. The recitals above are true and correct and are hereby adopted as findings, as if fully set forth herein.

SECTION 2. The City Council finds that in accordance with the California Environmental Quality Act ("CEQA") and the CEQA Guidelines, the adoption of this Resolution is exempt from CEQA-pursuant to Public Resources Code section 21080 (b)(8) and Sections 15061(b)(3) and 15273(a)(1) of Title 14 of the Califor11ia Code of Regulations because CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Here, this Resolution does not undertake any project that has the potential for causing a significant effect on the environment as the Resolution simply authorizes the Orange County Sheriff's Department to collect its updated operating cost-recovery fee for the removal, impoundment, and storage of vehicles for specified Vehicle Code violations.

SECTION 3. That on May 4, 2021, the administrative fee indicated below shall become effective for the removal, impound, storage, or release of vehicles properly impounded after removal from locations in the City in accordance with or on account of provisions of the Vehicle Code listed below:

A fee of $144.00 for each removal of a vehicle in accordance with or on account of violation of Vehicle Code sections:
14602.6 Suspended, revoked o~ unlicensed driver/30-day hold 55452.01 l00133755780.1
6-7-22 / 4R-43
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Resolution No. 21-11
22651 (a) Unattended vehicle on bridge
22651 (d) Vehicle blocking driveway
22651 (e) Vehicle blocking fire hydrant
22651 (f) Vehicle blocking freeway
22651 (h) (1) Driver arrested
22651 (h) (2) Order of suspension or revocation pursuant to section 13388 22651 (i) (1) Multiple parking citations
22651 0) Lack of vehicle registration
22651 (k) Parking over seventy-two hours
22651 (I) Parking in a construction zone
22651 (m) Violation of special events restriction
22651 (n) No parking zone

Page 5 ends

22651 (o) (1) Vehicle registration is incorrect, falsified or expired by more than six months
22651 (p) Driver unlicensed or license suspended
22651 (r) Vehicle blocking another vehicle
22651 (t) Notice to appear/illegal amber lights
22651 (u) Acting as a car dealer without a license or temporary permit 22651 (v) Illegally letting stand a mobile billboard advertisement 22651 (w) Second or subsequent violation of an ordinance 22655.3 Removal for investigation (fleeing in violation of section 2800.1 or 2800.2)
22655.5 (a) Vehicle was used as the means of committing a public offense 22655.5 (b) Vehicle is evidence of crime
22669 Abandoned vehicle
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Resolution No. 21-11 . Page 6
SECTION 4. The Sheriff is authorized to collect the fee established herein, on behalf of the City, at the time of release of vehicles that are subject to the fee.

SECTION 5. The fee established herein shall only be imposed on the registered owner or the agent of the owner of the impounded vehicle, shall not include any vehicle r · towed under an abatement program or sold at a lien sale pursuant to Sections 3068.1 to 3074, inclusive of, and Section 22851 of, the Civil Code unless the sale is sufficient in amount to pay the lienholder's total charges and proper administrative costs.

SECTION 6. The fee established herein shall be collected only from the registered owner or an agent of the registered owner and that said fee is in addition to any other charges authorized or imposed pursuant to the Vehicle Code.

SECTION 7. The fee established herein complies with Vehicle Code section 22850.5 (b)(4) as the cost study conducted by the Sheriff that supports the $144.00 per removal fee did not include administrative costs for conducting a hearing or appeal related to the removal, impound, storage, or release of a vehicle.

SECTION 8. The Sheriff shall not impose the fee established herein in any of the following circumstances: (a) when the vehicle was left because it became inoperable while being driven, if the owner made good faith attempts promptly to remove the vehicle from a location where it was not permitted: (b) when the vehicle was stolen; (c) when the vehicle was left by an ill or injured driver; or (d) when it is demonstrated to the satisfaction of the Sheriff or his/her designee that neither the registered owner of the vehicle nor his/her agent, if any, was at fault in creating the circumstances leading to the impounding of the vehicle.

SECTION 9. A registered owner or an agent of a registered owner who believes he/she/they are exempt from the fee established herein under any of the criteria listed in ·Section 8 above may apply in writing for a waiver of the fee and shall present such supporting information or documentation, as the Sheriff may request, to the City's Administrative Sergeant. Upon the presentation of a written application for waiver of said fee, together with such supporting documentation as may be requested by the Sheriff, the Administrative Sergeant or his/her designee shall determine promptly whether the applicant meets the criteria for a waiver of the fee and if so, shall waive the fee.

SECTION 10. Until further order of the City Council, the Sheriff is directed to deposit the proceeds of the fee established herein into Traffic Violator Fund in the County Treasury. Proceeds from the Traffic Violator Fund shall be used in conformance with the County's restrictions for the same as well as in conformance with any applicable provisions set forth in the City's ag'reement with the County for the Sheriff's law enforcement services.

SECTION 11. Until further order of the City Council, the Board of Supervisors is authoriz_ed to carry forward in the Traffic Violator Fund and accumulate any balance of proceeds of fees imposed by this Resolution that remains at the end of a fiscal year, as long as such fee proceeds will be used for the purposes provided herein. • 55452.01 I00\33755780. l
6-7-22 I 4R-45
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Resolution No. 21-11 Page 7
SECTION 12. This Resolution supersedes Resolution No. 00-54.

PASSED, APPROVED, AND ADOPTED this _:!!h_ day of May I 2021.

ATTEST:

J-'
Mw~ _
Mayor of1he City of San
Clemente, California
CI Clerk of the City of
an Clemente, California

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

CITY OF SAN CLEMENTE )
I, JOANNE BAADE, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 21-11 was adopted at a regular meeting of the City Council of the City of San Clemente held on the 4th day of Ma 2021 , by
the following vote:

AYES:

NOES:

DUNCAN, FERGUSON, JAMES, MAYOR WARD
NONE
ABSENT: KNOBLOCK
IN WITNESS WHEREOF, I have hereunto set my ha~d affixed the official seal of the City of San Clemente, California, this~ day of ,/ ,¢Ji1/ .

Approved as to form:

CJ~
~ney
55452.01 IOOIJJ755780 I
C lfY CLERK of the City of
an Clemente, California
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ORANGE COUNTY SHERIFF-CORONER

TRAFFIC VIOLATOR APPREHENSION PROGRAM
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Participating City Request to Purchase From the TVA in FY Date

APPLICABILTY

QUANTITY ITEM DESCRIPTION TO TV A PROGRAM ESTIMATED COST

THE CITY CERTIFIES THAT THE EQUIPMENT PURCHASED BY CITY AND TO BE REIMBURSED BY PROGRAM FUNDS

WILL BE USED FOR ITS ENTIRE USEFUL LIFE EXCLUSIVELY FOR THE PURPOSES OF THE TRAFFIC VIOLA TOR

APPREHENSION PROGRAM
CITY MANAGER REQUEST:

Printed Name
Signature: DATE
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28 11/19/20

CITY OF SAN CLEMENTE

LICENSING
ORDINANCE NO. 1704

MASSAGE ESTABLISHMENTS
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ATTACHMENT H
6-7-22 I 4R-48
ORDINANCE NO. 1704
AN ORDINANCE OF THE CllY COUNCIL OF THE CITY
OF SAN Cl-EMENTE, CALIFORNIA AMENDING
CHAPTER 17,28,.185 OF iHE SAN CLEMENTE

MUNICIPAL CODE (RELATJNG TO MASSAGE
ESTABLrSHMENTS) ANO FINDING THE ORDINANCE
• EXEMPT PROM THE CALI FOR.NIA 15NVI RONMENTAL
QUALITY ACT •
WHEREAS, on August 18, 2020, the City Council unanimously approved 1he first reading of Ordinance No . ..lZQL, an ordinance amending Title I;> (Business Licenses and Regulatrons) and 17 (Zoning) of the San Clemente Municipal Code (Zoning Amendment 20-069) to deter human trafficking activity, clarify existing provisions, and correct erroneous text with· respect to massage establishments in the City of San • Clernenta (tha uMassage 6stabllshmen1 Amendment Ordinanc~"); and WHSREAS, on September 1, 2020, the City Council.waived the second reading of and unanimously approved for publioatlon -and Implementation the Massage Establishment Amendment Ordinance; and
WHEREAS, on September 1, 2020, the City Council held a duly noticied public hearing on two suppJementai' amendments fo Chapfor 17.28.1B5 with respect to regulation of the ope.r.ation of ma9sage establlshments that further promote the health and safety goals of preventlng and det~rrlng prostitution and human trafficking In the City of San Clemente, and. considered evid_enoe. presented by Cit¥ staff and other lntere!lled parties; and •
. WHEREAS, Senate Bill 1193, approved by the Governor on September 24,. 2012, and codified as California Civil Code §. 52.6, requires, among other businesses, massage establishments to post a notice containing information related to slavery and • human trafficking In a conspicuous place near the entrance of the estabflshment or In a place In clear view of the public and employees where similar notioes are customarily posted; and
• ~HERl:AS, the San Clemente Munioipal Code does not; but should, eontaln a provision adopting the requirements of Senate BIii 1193 as they pertain to massage establishments; and .
'
WHEREAS, the City Council recognizes-that Illegal activities. such as pandering or prostltutlon occur where customers who patronize massage establishments· believe 1hey are anonymous; and
WHJ:REAS, the City Council belleves that requiring operators. of massage establishments to retain a record of customers' names and addresses and dates and • _times of patro_nage would deter customers, operators, and therapists from engaging In 1 6-7-22 / 4R-49
r-------·- ·------········-·---·----·-· ---------- ----~---.. ----·-··-·--------·-------- ----------7 Ordinance No. 1704 Page 2
any lllicfl activity.·
NOW, THEREFORl:1 the City Council. of the City of San Clemente does ordain as follows:'
• Section 1: The recitals ab.ave, as well as ·{hose set forth In Ordinance No. lZQ.2., are ~ach Incorporated by.reference and adopted as findings by tha City Councll.

Section 2: Pursuant . to CEQA Guidelines Sections 15378(b)(2) and 16378(d)(6), these supplemental amendmenis are not a "project within the meaning of the State CEQA Guldellnes, because they relate to ongoing administrative activities and organizational activities of government that will not result in direct or Indirect physical changes In the environment. No further environmental review Is required.

SegtJop Si Chapter 17.28.185 of the San Clemente Municipal Code Is hereby amended to read as follows:· • . .

J
1 Segtlon 17:28.185 _- Massage Establishments,

0. Fa·cllity Requirements.

2. Anti.Human Trafficking NoUce, The n~tica developed by .the Department of· Jus.fiot:i and'found at https:/loag.ca:·.gov/hllnian·~traffi.ok1ng1riiodel,notlce, • of a· size • • no.smaller than eight and cme"half Inches by 11 lnohes 111 size; shan be posted in .

English, Spanish,· and Vlefnamese fn the customer waiting room so as to be visible to all people entering the establishment, as well as in every private ~.assage room.

E. Op.eratlonal Requirements.
14, Every massage establishment shaJI keep a written recQrd of the date and hour of each treatment adrninls.ter!ad,. the name and telephone number of .each patron> the name of th.e massage therapist or massage practitioner :admlnlsterlng treatmen( -and the type of treatment administered, to be recorded on a patron release rorm. In addition, every massage. .establishment shall obtain and retain (and every patron shall provide) a copy of the patron's drivers llcen.se nr other state.Issued photo Identification at the time of a patron's first visit to the. massage establlshment. If. a patron refuses to provide his/her photo Identification for photocopying by the operator, the operator" shall refuse service to the· patron. suoh records shall be a.pen to Inspection by officials charged with enforcement of this section as authorized by the law or court order, if n~ces.sary, Such -records 2 6-7-22 I 4R-50
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Ordinance No. 1704 Page 3
shall be kept on the premises of the massage establishment for a period of two years."
Section 4: The City Clerk shall certify to the adoption of this ordinance and cause it, or a summary of It, to be published once within fifteen (15) days of adoption In a newspaper of general circulation printed and published within the City of San Clemente, and shall post a certified copy of this ordinance, Including the vote for and against the .same, In the Office of the City Clerk In accordance with California Government Code section 36933.

Beotfon 6; If any provision of this ordinance or its application- to any person or circumstance ls held Invalid, such Invalidity has no effect on the other provisions or applications of the ordinance that can be given effect without the Invalid provision or application, and to this ~xtent, the provisions of this resolution f)re severable, The City Council declares,that it would have adopted this resolution Irrespective of the Invalidity of any portion thereof.

Section 6; The documents and materials associated with this Ordinance that constitute the record of proceedings on which the City Council's findings and determinations are based are located at City Hall, 91 0 Calle Negocio, San Clemente, CA 92672,
APPROVED AND ADOPTED this 15th day of _ --=-=.c==C---' 2020 ATTEST:
/.' . ,!'/._,.,..-c.___
. lemente, California , ,
3 Mayor Pro Tern oft e City of
San Clement~, California
6-7-22 I 4R-51
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Ordinance No. 1704

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss,

CITY OF SAN CLEMENTE
Page4
I, JOANN!:: BAADE, City Clerk of the City of San Clemente, California, hereby certify that Ordinance No. 1704 having been regularly Introduced at the m·eetlng of September 1, 2020 , was again introduced, the reading In full · thereof unanimously waived, and duly passed and adopted at a regular meeting of the City Council held on the · 15th day of September , 2020 , and said ordinance was adopted by the following vote: •
AYES: HAMM, JAMES, WARD, MAYOR PRO TEM FERGUSON
NOES: NONE
ABSENT: NONE
IN WITNESS WHEREOF, I have hereunto s~t my hand and affixed the official seal of the City of San Clemente, California, this M(Tlf day of /)c.,,.'T', , .,j.oJ.U . .•
/4-, . vd~)A_>
/ CITY CLERK of the City of l, San Clem1:1nte, Callfornla ~9-~ CITY A 0. - . •
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6-7-22 I 4R-52
Department:

Prepared By:

Subject:

AGENDA REPORT

SAN CLEMENTE CITY COUNCIL MEETING
June 7, 2022
Finance & Administrative Services
Jake Rahn, Financial Services Officer
Matt Schmelzel, Management Analyst
Agenda Item 4 ~
Approvals:

City Manager ~
Dept. Head - - - Attorney cr
Finance ~,,A/

EXTENSION OF CONTRACT WITH WITTMAN ENTERPRISES TO PERFORM COMPREHENSIVE

AMBULANCE BILLING AND COLLECTION SERVICES
Fiscal Impact: Yes, contract amounts are budgeted annually through the budget process.

Summary: The City of San Clemente has contracted with Wittman Enterprises to perform our billing and collection of ambulance charges since 1996. On July 17 2014, the City entered into the Third Amendment to extend the contract and has since memorialized the existing agreement with an annual purchase order. Staff recommends formalizing and extending the agreement by amendment for an additional three (3) year term.

Background: Wittman was originally chosen from a list of qualified companies that specialize in billing and collecting accounts receivable for ambulance services. Prior to selection staff conducted a survey of Southern California Cities to seek qualified Ambulance billing services and found 90% of respondents utilized Wittman Enterprises. Based on Wittman's reputable performance, its working relationship with the City, OCFA and CARE ambulance, and recommendations from neighboring cities, the City selected Wittman as its ambulance billing provider and entered into the original agreement dated July 3, 2002. Since that time the City executed three (3) amendments to extend the contract term.

Discussion: As of July 1, 2014, the City continued the agreement through an annual purchase order. Staff's reached out to Wittman to inquire for more favorable terms as a result of formalizing the agreement for a longer period and based on the consistency of the ambulance operations. Based on those inquires, staff obtained a 17.7% reduction in service cost, changing the fee from 6.5% to 5.35% of net collections. Staff recommends extending services through an amendment to the previous contract for an additional three (3) year term ending in June 30, 2025. Contract services include. • Receive information on the City's ambulance services. • Process invoices for ambulance service charges.
• Collect payments for ambulance services.
• Transmit and receive electronic information in order to bill Medicare and Medi-Cal • Bill insurance companies directly for ambulance-related services. • Issue reports to the City's Accounting Division on a monthly basis summarizing billing, cash receipts, and ambulance aged accounts receivable. • Transmit to the City, daily deposit totals made to the City bank account.

Finance & Administrative Services Agenda Report
6-7-22 / 4S-1
Agenda Report
Recommended
Page2
• Responsibility for written agreements safeguarding patient health information with other entities (HIPPAA compliance).

Additionally, effective January 1, 2020 and continuing through 2024 the Center for Medicare & Medicaid Services is requiring ground ambulance providers to participate in the Medicare Ground Ambulance Data Collection Survey, which will require considerable data collection. The City has been selected for FY 2023-24 and will be required to report detailed information on ambulance transports, revenue, expenditures, and service characteristics. Because of Wittman's extensive knowledge of the City's ambulance billing, extending the agreement to take advantage of historical data and experience is considered essential to the ongoing reimbursement.

Action: STAFF RECOMMENDS THAT the City Council:

1. Approve and authorize the City Manager to execute the Fourth Amendment to the Professional Services Agreement between the City of San Clemente and Wittman Enterprises for ambulance billing and collection services for fiscal years 2022-23 through 2024-25

2. Authorize the City Manager to execute future extensions for a period not more than two (2) years.

Attachments: Attachment 1 - Fourth Amendment to Professional services Agreement for the City of San Clemente and Wittman Enterprises, LLC for Ambulance Billing and Collection Services
Notification: None.
6-7-22 I 4S-2

FOURTH AMENDMENT TO

PROFESSIONAL SERVICES AGREEMENT FOR

THE CITY OF SAN CLEMENTE AND

WITTMAN ENTERPRISES, LLC

FOR AMBULANCE BILLING AND COLLECTION SERVICES
This Fou1th Amendment to the Agreement (the "Fourth Amendment"), signed on this __ day of ___ ,, 20_, by and between the CITY OF SAN CLEMENTE, a California municipal corporation ("City''), and WITTMAN ENTERPRISES, LLC ("CONSULT ANT") were entered into a mutual agreement for services for the time period below and agree to extend such services as descdbed herein.

A. CITY and CONTRACTOR entered into that ce1tain Professional Services Agreement_for Ambulance Billing and Collection Services dated July 3, 2002 (the "Odginal Agreement").

B. On July 19, 2005, CITY and CONSULTANT executed a First Amendment to the Odginal Agreement, extending the term from July 1, 2005 to June 30, 2007 (the "First Amendment"), and on August 21, 2007 executed a Second Amendment to the agreement, extending the term from July 1, 2007 to June 30, 2010 (the Second Amendment").

C. On July 17, 2014, CITY and CONSULTANT entered into the Third Amendment to memodalize the understanding that the CONSULTANT continued to provide services to the CITY as noted in the existing Agreement, via annual purchase order, for the period from July 1, 2010 to June 30, 2014 and continued the agreement via annual purchase order until June 30, 2022.

D. City and Conh·actor desire to amend the Agreement in the manner provided herein below.

COVEN ANTS:

Section 1: CITY hereby acknowledges that it exercised its option to extend the tenns of the existing agreement from July 1, 2014 to June 30, 2022, via annual purchase order, and Section 2: CITY hereby exercises its option to extend the tenn of the agreement for an additional three (3) years from July 1, 2022 to June 30, 2025, and Section 3: Section 3.1 of the Payment Schedule: Maximum Payment Amount is hereby amended to not exceed 5.35% of receipts collected, and
Section 4: Except as expressly amended by this Fomth Amendment, the remaining portions of the Agreement shall remain in full force and effect. 6-7-22 I 4S-3
IN WITNESS WHEREOF, the parties hereto have caused this Fourth Amendment to be duly executed on the respective dates set forth opposite their signatures.

ATTEST:

CITY CLERK of the City of
San Clemente, California
Approved as to form:

BEST BEST & KRIEGER
City Attorney
Finance Authorization

CITY OF SAN CLEMENTE
By: ___ __________ _
Its: -------------
Dated: ________ , 20 __
("CONTRACTOR")
By: __________ ___ _
Its: ------- - - ----
Dated: _ ________ ,20 __
6-7-22 I 4S-4

AGENDA REPORT
Agenda Item 4T
Approvals:

City Manager
Dept. Head It>

SAN CLEMENTE CITY COUNCIL MEETING
June 7, 2022
--:::---:=-
Attorney ~
i¥f ff A Wi&i AMFF+iMWW
Finance'=)
&W
~
Department:

Prepared By:

Subject:

Finance & Administrative Services
Jake Rahn, Financial Services Officer
Matt Schmelzel, Management Analyst

EXTENSION OF CONTRACT WITH CARE AMBULANCE FOR EMERGENCY MEDICAL

TRANSPORT SERVICES
Fiscal Impact: Yes, contract costs are budgeted annually through the budget process. Contract costs are offset by revenues via service charges to patients and escalate annually in accordance with Orange County Emergency Medical Services.

Summary: The initial term of the contract with Care Ambulance (CARE) expires on June 30, 2022.

Staff recommends City Council approve an amendment for a five (5) year contract extension with a first year annualized cost of $1,678,596 with annual increases.

Background: The City of San Clemente currently has two full-time ambulances providing emergency medical transport services to residents. Beginning in 2015, the City implemented a pilot program with CARE for one full time ambulance in addition to ambulance services provided by the Orange County Fire Authority (OCFA). In 2017, the City was notified by OCFA they would no longer provide emergency transport ambulance services and CARE was awarded the contract for both full-time ambulances. Ambulances are deployed out of Fire Station #50 (670 Camino Los Mares) and Fire Station #60 (121 Avenida Victoria). The contract includes back-up ambulances in the event emergency medical transport service calls are beyond capacity.

Discussion: As of June 30, 2022, Care Ambulance's contract will expire and staff recommends extending the contract for another five (5) year term, with annual increases ranging between 2.5%-4.7% during contract. Annual contract costs are summarized below:

Care Ai:nbulance Services Amount
Year 1 Cost $ 1,678,596
Year 2 Cost 1,720,147
Year 3 Cost 1,800,960
Year 4 Cost 1,881,772
Year 5 Cost 1,962,584
Total 5 Year Cost $ 9,044,059
CARE has significant experience in emergency ambulance transport operations and in 2021 maintained an annual average response time of eight (8) minutes and 48 seconds. Additionally, CARE is the contracted emergency ambulance provider for Finance & Administrative Services Agenda Report
6-7-22 / 4T-1
Agenda Report
Recommended
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County of Orange EMS Agency in the neighboring cities of Dana Point, San Juan Capistrano, Rancho Santa Margarita, Mission Viejo, Laguna Hills, Aliso Viejo, Lake Forest, Villa Park, Tustin and Irvine. Staff has determined that contract service charges will be offset by ambulance program revenues.

Action: STAFF RECOMMENDS THAT the City Council:

1. Approve and authorize the City Manager to execute the Second Amendment to the Professional Services Agreement between the City of San Clemente and Care Ambulance for Emergency Medical Transport Services extending the contract for a five (5) year term.

Attachments: 1. Second Amendment to Professional Services Agreement for the City of San Clemente and Care Ambulance for Emergency Medical Transport Services.

Notification: None.
6-7-22 I 4T-2

SECOND AMENDMENT TO

PROFESSIONAL SERVICES AGREEMENT FOR

THE CITY OF SAN CLEMENTE AND

CARE AMBULANCE

FOR AMBULANCE TRANSPORT SERVICES
Attachment 1
This Second Amendment to the Agreement (the "Second Amendment"), signed on this __ day of ___ , 20_ , by and between the CITY OF SAN CLEMENTE, a California municipal corporation ("City"), and CARE AMBULANCE ("<:::ONSULTANT") were entered into a mutual agreement for services for the time period belq}¥ and agree to extend such services as described herein.

A. CITY and CONTRACTOR erifered into that cerfain Professional Services Agreement_for Ambulance Transpo1t Services on Septeniber 1, 2017 (the "Otiginal Agreement") for a five-year per1C>d <:!nding June 30, 2022, with three (3) five (5) year mutual extension options. •• •
B. On November 20, 2017, CITY and CONSULTANT executed a First Amendment to the Oiiginal Agreement, modifying Art1cle l , Section 1.1 of the agreement changing the allowable extension option to one (1) five (5) year mutual extension.

C. City and Contractor desire to amend the Agreement in the manner provided herein below.

COVENANTS:

Section 1: CITYhereby ex,~rcises its option to extend the term of the agreement for an ad'ditional five (5) years from July 1, 2022 to June 30, 2027, and ~ .... . . . .. •·.:_.:;:, ,. .. •
Section 2: Article 3 'Section 3. 1 is hereby amended to not exceed an annual total of $1,678,596 for FY 2022-23; $1,720,147 for FY 2023-24; $ 1,800,960 for FY 2024-25; $1,881,772 for FY 2025;26; and $ 1,962,584 for FY2026-27, and Section 3: ExcepLas eXpressly amended by this Second Amendment, the remaining potiions of the Agree1nent shall remain in full force and effect. 6-7-22 / 4T-3
IN WITNESS \VHEREOF, the parties hereto have caused this Second Amendment to be duly executed on the respective dates set fotih opposite their signatures.

ATTEST:

CITY CLERK of the City of
San Clemente, California
Approved as to fonn:

BEST BEST & KRIEGER
City Attorney
Finance Authorization

CITY OF SAN CLEMENTE
By: --------------
Its: -------------
Dated: ___ _____ , 20 __
("CONTRACTOR'')
By: ···.
- -------------
Its: ---- ---------
Dated: _________ ,20 __
6-7-22 I 4T-4
Department:

Prepared By:

Subject:

AGENDA REPORT

SAN CLEMENTE CITY COUNCIL MEETING
Meeting Date: June 7, 2022
Beaches, Parks & Recreation
Samantha Wylie, Beaches, Parks & Recreation Director
Agenda Item 4V
Approvals:

City Manager ~-;
Dept. Head ---
Attorney c:-r
Finance ----=:r :c).,
ONE-TIME WAIVER OF BLACKBALL POLICY AT T-STREET FOR SPECIAL EVENT PERMITRED BULL FOAM WRECKERS TOUR Fiscal Impact: Yes, this Special Event Permit will result in an estimated $1 ,065 in revenue from special event permit fees.

Summary: Staff recommends that Council approve a waiver of the Blackball hours at T-Street to allow for a surf contest to be held on Saturday, August 13, 2022, hosted by Red Bull Foam Wreckers 2022 Tour.

Background: The T-Street Surfing Policy ("Blackball") dictates that soft-top foam boards and surfing are prohibited at T-Street between Memorial Day and Labor Day, from 11 a.m. until 6 p.m. on weekdays, and 10 a.m. until 6 p.m. on weekends to separate swimmers and surfers during peak usage times.

At its June 15, 2021 meeting, the Council approved a waiver for the Foam Wreckers 2021 Tour.

Discussion: The Beaches, Parks & Recreation Department received a Special Event Permit Application for a surf contest at T-Street (Tower 5) on Saturday, August 13, 2022. The applicant, Red Bull North America, Inc., is requesting a permit to host the Red Bull Foam Wreckers 2022 Tour from 8 a.m. to 6 p.m. The event's primary activities include a soft-top-only surf contest, open to public participation, with an estimated 120 total contest participants. Red Bull also provides a variety of other giveaways and activities for beach-goers and spectators. The event is co-sponsored by Catch Surf, a San Clemente-based business, and will be one stop on the sixteen stop national Foam Wreckers series.

If approved, the event would be returning for a second year to T-Street. The 2021 event received excellent feedback and was well attended by residents and visitors, alike. The host organization abided by the conditions of its previous permit and, therefore, staff recommends approving a waiver for the 2022 event.

If Council approves this waiver, a public notice at the site would be required as part of the Conditions of Approval.

Recreation Agenda Report
6-7-22 I 4U-1
Agenda Report Page 2
Recommended
Action: STAFF RECOMMENDS THAT the City Council approve a one-time waiver of the blackball policy at T-Street on Saturday, August 13, 2022, to allow for the Red Bull Foam Wreckers 2022 Tour surf contest.

Attachments: None
Notification: None
6-7-22 I 4U-2
Department:

Prepared By:

Subject:

AGENDA REPORT

SAN CLEMENTE CITY COUNCIL MEETING
Meeting Date: June 7, 2022
Beaches, Parks & Recreation
Samantha Wylie, Beaches, Parks & Recreation Director
Agenda Item ~v
Approvals:

City Manager €S
Dept. Head
Attorney c~
Finance~~

CONTRACT AWARD - ENVIRONMENTAL CONSUL TING SERVICES FOR PARK MASTER PLAN UPDATE
Fiscal Impact: Yes. The total cost of services is $51,570, which will be funded through staff salary savings budgeted in the current fiscal year.

Summary: Staff recommends that Council approve a contract with UltraSystems Environmental Inc. in an amount not to exceed $51,570. The purpose of the Agreement is to provide professional consulting services in connection with environmental studies required for the completion of the Richard T. Steed Memorial Park ("Steed Park") master plan update and future park improvements. At Council direction, staff are prioritzing the master plan update and approval for Steed Park. The remaining four park site environmental studies will be addressed at a later date.

Background: At its December 21, 2021 meeting, the City Council directed staff to prioritize improvements at Richard T. Steed Memorial Park.

Discussion:

On April 22, 2022, staff released a Request for Proposal "(RFP") for consultant services to review the proposed update to the site-specific park master plan for Richard T. Steed Memorial Park ("Steed Park") and prepare corresponding environmental documents. The City received three responses by the May 6, 2022 response due date. Staff evaluated the proposals based on selection criteria, including project schedule, related experience, costs, and the approach to meet the City's needs.

As required by the California Environmental Quality Act ("CEQA"), the City must review all potential environmental impacts to any proposed project prior to plan adoption and approval. While the Steed Park site-specific plan has previous environmental documents on file and approved, the documents are dated 2002 and require review to ensure compliance with current CEQA requirements.

The deliverables of this contract will include, but are not limited to, the following:

1. The consultant will prepare a draft/final initial study for City staff review.

2. Provide for any necessary or related technical studies that may be required. as an outcome of the analysis.

3. Distribute hard copies of the IS/ND/MND or EIR as required in the CEQA Guidelines. Prepare Notice of Intent or Notice of Preparation as required and file with County and City Clerk. Complete required consultations.

BP&R Administration Agenda Report
6-7-22 I 4V-1
Agenda Repo11
Recommended

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San Clemente City CouncilJune 7, 2022

San Clemente City Council
June 7, 2022