San Clemente City Council
March 21, 2023

ATTACHMENT 1
FY 23 PAVEMENT PRESERVATION PROGRAM
Project No. 23303 3
Recording Requested By:

City of San Clemente
When Recorded, Mail To:

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

Space above this line is for Recorder’s Use Only

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

1. Project title or description of work: FY 2023 Pavement Preservation Program, CIP Project No. 23303.

2. Date of completion: February 22, 2023.

3. Street address or legal description of the project site: Various streets in the Forster Ranch area.

4. Name of owner: City of San Clemente.

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

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

7. Name and address of contractor: Excel Paving Company, DBA Palp, Inc., 2230 Lemon Ave, Long Beach, CA 90806.

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

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

Executed on __________________________ in San Clemente, California. _________________________________
Kiel Koger, Public Works Director / City Engineer
City of San Clemente
4 AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
Meeting Date: 9/6/2022 Agenda Item: 4F
Department: Public Works
Prepared By Masako Hennequin, Associate Civil Engineer
Subject:

APPROVAL OF CONSTRUCTION CONTRACT FOR FY 2023 PAVEMENT PRESERVATION PROGRAM, CIP PROJECT NO. 23303 WITH PALP INC. DBA EXCEL PAVING COMPANY Fiscal Impact:

Yes. The estimated total project cost of $249,950 is within the total approved budget amount of $250,000 (Account Number 001-416-45730-000-23303).

Summary:

Staff recommends that the City Council approve a construction contract with Palp Inc. DBA Excel Paving Company in an amount not to exceed $238,550 for the purpose of constructing FY 2023 Pavement Preservation Program, CIP Project No. 23303.

Background:

This project consists of asphalt concrete pavement repair to include cold milling and asphalt installation, utility manhole adjustments on various streets within the Forester Ranch area to prepare for next year’s slurry seal program. (See Location Map in Attachment 1) Discussion:

Bids were opened on August 11, 2022 and the results are presented on the Bidders List (Attachment 2). Bids ranged from $238,550 to $637,000, and the lowest responsive bidder was Palp Inc. DBA Excel Paving Company with a bid amount of $238,550.

Project cost summary is as follows:

Construction $238,550
Management & Inspection (approx. 1%) 2,400
Project Contingency (approx. 4%) 9,000
Estimated Total Project Cost $249,950
Plan and Policy Consistency:

The project is consistent with the following General Plan Goals and Policies:
· Urban Design - Maintenance Goal. Achieve a sustained level of maintenance and improvement of properties, buildings, landscaping and infrastructure that protects property values, encourages additional public and private investments and promotes San Clemente’s high quality of life.
· Policy UD-4.06. Maintenance of Infrastructure and the Public Realm. As resources allow, we maintain and where appropriate, improve infrastructure and the public realm, CITY OF SAN CLEMENTE Page 1 of 2 Printed on 9/1/2022
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Meeting Date: 9/6/2022 Agenda Item: 4F
allow, we maintain and where appropriate, improve infrastructure and the public realm, including landscaping, sidewalks, signage, furniture and other streetscape elements.

In addition, the project is consistent with the FY 2022-23 Annual Budget and Capital Improvement Program (CIP) in that the project is an approved CIP project.

Council Strategy:

The project is consistent with Council Strategy 3 - Update and maintain infrastructure that reflects best available technology and service - in that the project will maintain City infrastructure.

Recommended Actions:

STAFF RECOMMENDS THAT the City Council:

1. Approve the plans and specifications for FY 2023 Pavement Preservation Program, CIP Project No. 23303; and

2. Approve and authorize the Public Works Director/City Engineer to execute, Contract No. C22- 51, by and between the City of San Clemente and Palp Inc. DBA Excel Paving Company in the amount of $238,550, for FY 2023 Pavement Preservation Program, Project No. 23303 Attachment:

1. Location Map

2. Bidders List

3. Contract
Notification:

None
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AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 3/21/2023 Agenda Item: 6H
Department: Public Works
Prepared By: Belgin Cuhadaroglu, Associate Civil Engineer Subject:

ADOPT RESOLUTION FOR A FINANCIAL ASSISTANCE APPLICATION TO THE STATE WATER

RESOURCES CONTROL BOARD FOR THE WATER RECYCLING FUNDING PROGRAM Fiscal Impact:

Receipt of the grant from the State Water Resources Control Board (SWRCB) will potentially provide up to 35 percent of the construction cost for the Recycled Water Quality Improvement Project (the Project). The estimated cost of the project is approximately $13,000,000. The design phase of the Project is funded for $995,207 in Fiscal Year 2023 with additional funding anticipated in Fiscal Year 2024 from local reserves and a Federal Loan.

Summary:

City Council adoption of Resolution 23-08 (Attachment 1), and authorization for the City Manager, or his/her designee to submit a Financial Assistance Application to the SWRCB for construction for the Project will allow the City to submit an application for funding.

Background:

Considering the impacts of climate change and the subsequent increase in severe, more frequent, and longer duration of droughts in California, it is crucial for water agencies to engage in comprehensive planning to develop and implement sustainable sources of water, such as, recycled water use. The effects of drought are demonstrated with the Governor of California declaring a statewide State of Emergency due to the drought. The Governor’s State of Emergency declaration is accompanied by a call for all state residents to cut down on water use by 15 percent. With climate change resulting in hotter, drier summers and reduced precipitation, severe and prolonged droughts are forecast to be a normal part of California’s future.

The City provides wastewater treatment of approximately 3.6 million gallons per day (MGD) at its Water Reclamation Plant (WRP). A portion of the wastewater is treated at a tertiary level where it is used for recycled water irrigation and WRP processes. Currently, the City is in the design phase of the Project. This Project will install new microfiltration (MF) and reverse osmosis systems (RO) at WRP to improve water quality by reducing total dissolved solids to meet regulatory permit limits (see Attachment 2 for location). This Project will provide high quality recycled water allowing the City to continue meeting its existing recycled water demand of approximately 1,165 acre feet per year (AFY), potentially expand its recycled water system, while also supplying up to 2,195 AFY to the Santa Margarita Water District. Sale of recycled water to the Santa Margarita Water District will offset a portion of the project cost and operation.

Discussion:

The SWRCB’s Financial Assistance Funding Programs include grant funding for construction of CITY OF SAN CLEMENTE Page 1 of 2 Printed on 3/15/2023
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Meeting Date: 3/21/2023 Agenda Item: 6H
The SWRCB’s Financial Assistance Funding Programs include grant funding for construction of treatment systems and water-recycling facilities to assist public agencies in addressing drought impacts through implementation of projects. The Water Recycling Funding Program (WRFP) construction grant is one of the SWRCB’s Financial Assistance Funding Program that provides 35 percent of the construction costs, up to $15,000,000. Projects must meet certain minimum requirements to be eligible for this grant, including non-state matching funds of 50 percent. City staff will propose funding as part of the Fiscal Year 2024 Capital Improvement Program Budget from local reserves and a loan from the Water Infrastructure Finance and Innovation Act (WIFIA) program which could be used as the required matching funds.

Staff has prepared the necessary submittal documents to satisfy the requirements and demonstrate eligibility for the SWRCB’s Financial Assistance Program Funding. While the City has met all of these eligibility requirements, SWRCB requires approval of the attached resolution prior to any consideration of City applications.

City Council Options and Recommended Actions:

City Council Options
· Adoption of Resolution 23-08 allowing the submission of a request for financial assistance from the State Water Resources Board for a Recycled Water Quality Improvement Project · Continue the Item with direction to staff to provide additional information · Deny Resolution 23-08 and the application for financial assistance Staff Recommendation
Staff recommends City Council adoption of Resolution No. 23-08 entitled A RESOLUTION OF THE

CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, AUTHORIZING A FINANCIAL

ASSISTANCE APPLICATION TO THE STATE WATER RESOURCES CONTROL BOARD FOR THE

RECYCLED WATER QUALITY IMPROVEMENT PROJECT AT THE CITY OF SAN CLEMENTES WATER RECLAMATION PLANT.

Attachment:

1. Resolution

2. Location Map
Notification:

None.

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Attachment 1
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF SAN CLEMENTE, CALIFORNIA, AUTHORIZING A

FINANCIAL ASSISTANCE APPLICATION TO THE

STATE WATER RESOURCES CONTROL BOARD FOR

THE RECYCLED WATER QUALITY IMPROVEMENT

PROJECT AT THE CITY OF SAN CLEMENTES WATER
RECLAMATION PLANT.

WHEREAS, the increasing frequency of multiyear droughts presents a significant risk to California's ability to ensure adequate water supplies for communities, agriculture, and fish and wildlife; and
WHEREAS, The Water Boards recognize the importance of recycled water as a critical water supply for California on August 5, 2022; and WHEREAS, the City of San Clemente proposes to implement the Recycled Water Quality Improvement Project; and
WHEREAS, the objectives of the Recycled Water Quality Improvement Project is to reduce the use of potable water for irrigation and other non-potable uses by supplying those demands with recycled water; and
WHEREAS, , the City of San Clemente (the City) desires to finance the costs of constructing and/or upgrading the existing recycled water system to produce disinfected tertiary treated effluent that meets Title 22 permit requirements; and WHEREAS, the City intends to finance the construction and/or reconstruction of the Project or portions of the Project with moneys (Project Funds) provided by the State of California, acting by and through the State Water Resources Control Board (State Water Board); and
WHEREAS, the State Water Board may fund the Project Funds with proceeds from the sale of obligations, the interest upon which is excluded from gross income for federal income tax purposes (the Obligations); and
WHEREAS, prior to either the issuance of the Obligations or the approval by the State Water Board of the Project Funds, the City desires to incur certain capital expenditures (the Expenditures) with respect to the Project form available moneys of the City; and WHEREAS, State Water Resources Control Board requires a City Resolution for authorizing City staff to file applications on behalf of the City. 3 Resolution No. Page 2

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN
CLEMENTE HEREBY RESOLVES AS FOLLOWS:

SECTION 1. The City Council approves the filing of a financial assistance application for construction of the Recycled Water Quality Improvement Project, under and pursuant to the terms and provisions of the State Water Resources Control Board’ financial assistance programs.

SECTION 2. The City Manager or his/her designee is hereby authorized and directed to sign and file, for and on behalf of the City of San Clemente, a financial assistance application for a financing agreement from the State Water Resources Control Board for the construction of the Recycled Water Quality Improvement Project.

SECTION 3. The City Manager, or his/her designee, is designated to provide the assurances, certifications, and commitments required for the financial assistance application, including executing a financial assistance agreement from the State Water Resources Control Board and any amendments or changes thereto.

SECTION 4. The City Manager, or his/her designee, is designated to represent the City of San Clemente (the City) in carrying out the City’s responsibilities under the financing agreement, including certifying disbursement requests on behalf of the City and compliance with applicable state and federal laws.

SECTION 5. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. 4 Resolution No. Page 3
PASSED AND ADOPTED this _____ day of March, 2023.
_______________________
Mayor of the City of
San Clemente, California
ATTEST:
__________________________
CITY CLERK of the City of
San Clemente, California
5 Resolution No. Page 4

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. _________ was adopted at a regular meeting of the City Council of the City of San Clemente held on _______ day of March 2023, by the following vote:

AYES:

NOES:

ABSENT:
_______________________
CITY CLERK of the City of
San Clemente, California
Approved as to form:
_________________________
City Attorney
6 NOTTO SCALE

PROJECT

LOCATION
0 m

SAN CLEMENTE

WATER RECLAMATION
PLANT
City of San Clemente
s:
0 r
z
0 (/)
910 Calle Negocio, Suite 100
San Clemente, CA 92673
Tel (949) 361-6100
Fax (949) 361-8316

LOCATION MAP
WRP
Recycled Water Quality
Improvement Project
P.N. 13203
Attachment 2
7 AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 3/21/2023 Agenda Item: 6I
Department: Community Development
Prepared By Christopher Wright, Associate Planner II
Subject:
2022 GENERAL PLAN ANNUAL PROGRESS REPORT
Fiscal Impact:

There is not an anticipated direct fiscal impact. This item provides a status update on existing plans and programs. It does not initiate new projects that involve expenditures.

Summary:

State law requires the City to provide an annual progress report on the implementation of the General Plan. The report must be presented to the City Council for its review and acceptance and then submitted to the State. Staff recommends the City Council accept the General Plan 2022 Annual Progress Report (APR) and direct staff to submit a copy to the State to meet requirements.

Background:

California Government Code Section 65400 requires the City to prepare an annual status report on Centennial General Plan implementation. The annual progress report must be presented to City Council for review and acceptance, and then submitted to the Governor’s Office of Planning and Research (OPR) and the State Office of Housing and Community Development (HCD) by April 1st of each year. The purpose of the progress report is to provide information to the City Council to assess how the General Plan is being implemented. The report also provides State required information regarding the City’s progress in meeting its share of regional housing needs.

Discussion:

The General Plan 2022 APR (Attachment 2) describes major actions taken in 2022 to implement the General Plan according to City Council priorities. The APR is organized in four sections: 1) Introduction, 2) General Plan Status and Amendments, 3) Strategic Implementation Program, and 4) Housing Activity and Programs. Appendix A includes HCD forms for Housing Element 2022 reporting. 2022 Accomplishments by Department
Beaches, Parks, and Recreation
· Environmental review (CEQA) initiated for Richard T. Steed Memorial Park Master Plan Update.
· Initiated design for planned pickle ball court complex at Richard T. Steed Memorial Park.

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Meeting Date: 3/21/2023 Agenda Item: 6I
City Manager
· The City conducted a Healthcare Roundtable in April 2022, bringing in executives from several Southern California hospital systems, to discuss facilities in San Clemente and the trajectory of the healthcare industry.
· The City hosted a workshop on Community Choice Energy in July 2022. · The City conducted a listening session in November of 2022 regarding the plans for potential HOV expansion along the I-5 freeway through San Clemente. · The City coordinated several trainings with the Small Business Development Center (SBDC), including a grant program “Main Street Digital” in fall 2022. · The City hired a consultant (New City America) to investigate a Business Improvement District (BID) in downtown. The results showed that property owners were not currently supportive of initiating a BID.
· Began recruitment for a new Chief of Police Services and new City Manager.

Community Development
· Adopted 6th Cycle 2021-2029 Housing Element approved by the California Department of Housing and Community Development (HCD).
· Adopted Safety Element.
· Completed State annual reporting for General Plan and Housing element Annual Progress Report (APR).
· Adopted 2022 California Building Codes.
· Updated all City’s Specific Plans for General Plan, Zoning Code, and state and federal law consistency.
· Adopted SB9 implementation ordinance and fee schedule consistent with state law. · Adopted Accessory Dwelling Unit ordinance consistent with state law. · Implemented new permit tracking software system (Central Square). · Initiated permit streamlining code amendments.
· Initiated zoning code amendments to implement programs in the adopted Housing Element. · Received $500,000 grant from the California Coastal Commission for a Nature Based Coastal Resiliency Feasibility Study to develop sand retention pilot projects. · Resumed the Shoreline Monitoring Program to measure changes in the shoreline to determine beach erosion hotspots.
· Provided annual Water Efficient Landscape Ordinance data to California Department of Water Resources (DWR).
· Local data exchange for 2019-2050 Orange County Growth Forecast Projections in conjunction with Southern California Association of Governments (SCAG). · Maintained Development Story Map providing information on current planning projects to the public.

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Meeting Date: 3/21/2023 Agenda Item: 6I
Public Safety
· Pursued and obtained over $14,000 in grants and funding for training for the lifeguards and Junior Lifeguard programs.
· Continued to monitor and provide sand measurement data for beach erosion, and worked with Public Works on Marine Safety relocation feasibility study. · Over 1,800 swimmers in distress were physically rescued by ocean lifeguards, over 26,000 visitors were proactively warned or advised of dangers by on-duty staff, and over 1,000 medical aids were performed.

Public Works
· Renewed the Pedestrian Audible Warning Systems (PAWS) waiver in April 2021 and will begin the process again in fall 2023.
· Completed Council Chambers at City Hall.
· Completed Marine Safety Building relocation study.
· Completed pavement rehabilitation of 30 miles of City streets. · Completed Steed Park ballfield light project.
· Started sidewalk rehabilitation of Avenida Cabrillo.

Utilities
· Improved utility infrastructure. Replacement and rehabilitation design continues on various reservoirs, pump stations and within the water, wastewater and storm drain systems.

Completed projects include: Ferric Tank, Ave. Pico Recycled Water Line Relocation, Water Reclamation Plant (WRP) Sluice Gate Replacements, La Pata Lift Station Wet Well Rehabilitation, sewer and storm drain system linings, WRP Electrical System Rehabilitation, WRP Security Gate, Installed Storm Drain Catch Basin Trash Capture Devices, Calle Vista Torito Storm Drain Repair and El Camino Real Storm Drain Upgrade. · Continued evaluating Water Reclamation Plant efficiency opportunities to improve operation and reduce chemical and power use. Process is ongoing. One major improvement is to create flow equalization to improve blower optimization and lower power and chemical costs. The project is being developed with design anticipated in FY 2024. · Worked with customers to meet waste recycling and diversion requirements. Response: CR&R and City staff increased outreach to residential, multi family, commercial and industrial customers.
· Final design Phase II Recycled Water Expansion is completed for an expansion at Camino de Los Mares and Camino Vera Cruz. In addition, a Recycled Water Master Plan Update is being conducted by AKM Consulting Engineers to evaluate additional future expansion.

City Council Options and Recommended Actions:

City Council Options
· Adopt Resolution 23-06 accepting the General Plan 2022 Annual Progress Report. · Continue the Item with direction to provide additional information. · Provide specific direction to the City Manager for action. · Deny Resolution 23-06 with direction to reconsider the Item.

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Meeting Date: 3/21/2023 Agenda Item: 6I
Staff Recommendation

1. Adopt Resolution No. 23-06 entitled: “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, ACCEPTING THE GENERAL PLAN 2022 ANNUAL PROGRESS REPORT”; and

2. Direct staff to submit the 2022 APR to the State as required by law.

Attachments:

1. Resolution for General Plan 2022 APR

2. General Plan 2022 APR
Appendix A - Housing Reporting Data for 2022
Appendix B - Zoning Amendments for Housing Element Implementation Notification:

Agenda posted at City facilities.

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ATTACHMENT 1
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, ACCEPTING THE
GENERAL PLAN 2022 ANNUAL PROGRESS REPORT
WHEREAS, the State of California requires cities and counties to have an adopted General Plan to provide guidance on land use decisions; and WHEREAS, on February 4, 2014, the City Council approved the Centennial General Plan, dated February 2014, and certified Final Environmental Impact Report (FEIR), State Clearinghouse (SCH) No. 2013041021, mitigation monitoring program, and statements of overriding consideration; and
WHEREAS, the City of San Clemente Centennial General Plan (“General Plan”) is the City’s comprehensive long-term policy document comprised of goals and policies for achieving San Clemente’s vision. The plan guides land use and physical development of the geographic area of the incorporated City limits; and

WHEREAS, the General Plan contains the seven State-required elements and six additional elements, as follows: 1) Land Use; 2) Urban Design; 3) Historic Preservation; 4) Economic Development; 5) Mobility and Complete Streets; 6) Housing, 7) Beaches, Parks and Recreation; 8) Natural Resources; 9) Coastal; 10) Safety; 11) Public Services, Facilities and Utilities; 12) Growth Management; and 13) Governance; and
WHEREAS, each element of the General Plan has a set of goals and policies that are intended to achieve specific objectives. The City’s Strategic Implementation Program (SIP), updated each fiscal year, lists and prioritizes specific projects and ongoing programs or “Implementation Measures” that align with goals and policies in General Plan Elements, excluding Housing. For the Housing Element, implementation measures are included in a Housing Action Plan certified by the California Department of Housing and Community Development (“HCD”) with the Housing Element; and WHEREAS, California Government Code Section 65400(a)(2)(A) requires the City to annually prepare a report regarding the status and progress in the implementation of the City’s General Plan and Housing Element; and WHEREAS, California Government Code Section 65400(a)(2)(B) requires the City to include in the Annual Progress Report (APR) the City’s progress in meeting its share of regional housing needs; and
WHEREAS, California Code of Regulations, Title 25, Division 1, Chapter 6, Sections 6200, et seq., requires the City to use in the report forms and definitions adopted by the California Department of Housing and Community Development (“HCD”) to report on the status and progress implementing the City’s Housing 5 Resolution No. Page 2
Element; and
WHEREAS, California Government Code Section 65400(a)(2)(F) requires the City to include in the report an assessment of the degree to which the General Plan complies with the guidelines developed and adopted pursuant to Section 65040.2 and the date of the last revision to the General Plan; and WHEREAS, California Government Code Section 65400(a)(2) requires the City to submit the report to the Governor’s Office of Planning and Research (“OPR”) and HCD by April of each year; and
WHEREAS, the Planning Division has determined in accordance with the California Environmental Quality Act (CEQA) that the General Plan 2022 Annual Progress Report (“2022 APR”) is not a project under the California Environmental Quality Act (CEQA). The APR is an informational report documenting progress towards implementing the General Plan and does not make decisions for City actions; and
WHEREAS, on March 21, 2023, the City Council of the City of San Clemente held a public meeting on the 2022 APR, considered written and oral comments, and facts and evidence presented by City staff, and other interested parties. The 2022 APR is included as Attachment 2 of the March 21, 2023 City Council staff report, incorporated herein by reference.

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

Section 1. Incorporation of Recitals.

The City Council hereby finds that all of the facts in the Recitals are true and correct and are incorporated and adopted as findings of the City Council as if fully set forth in this resolution.

Section 2. CEQA Findings.

The Progress Report is not a project under the California Environmental Quality Act (CEQA) because the report is an informational report documenting progress towards implementing the General Plan and does not make decisions for City actions.

Section 3. Acceptance of 2022 APR
Based on the foregoing recitals and findings above, and the written and oral comments, facts, and evidence presented, the City of San Clemente City Council, pursuant to Section 65400(a)(2) of the Government Code, has reviewed the 2022 APR that is Attachment 2 to the March 21, 2023 City Council staff report, incorporated herein by reference. The City Council accepts and finds the 2022 APR:

A. Adequately assesses the status of the General Plan and Housing Element and its implementation;
6 Resolution No. Page 3
B. Provides information regarding the City’s progress in meeting its share of regional housing needs;
C. Uses the forms and definitions adopted by HCD to report on the status and progress in implementing the City’s Housing Element;
D. Adequately assesses the degree to which the General Plan complies with the General Plan Guidelines; and
E. Accurately documents the date of the last revision to the General Plan.

Section 4. Submission of Progress Report
Pursuant to California Government Code Section 65400(a)(2), the City shall submit the Progress Report to OPR and HCD.

Section 5. Certification.

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

ATTEST:
___________________________ __________________________
City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California
7 Resolution No. Page 4

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

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

AYES:

NOES:

ABSENT:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this _____ day of _________________, ________. __________________________
CITY CLERK of the City of
San Clemente, California
Approved as to form:
_________________________
City Attorney

8 ATTACHMENT 2
San Clemente General Plan
2022 Annual Progress Report
Prepared by:
Community Development Department
910 Calle Negocio, Suite 100
San Clemente, CA 92673
949Ͳ361Ͳ6100
Contact:
Cecilia GallardoͲDaly
Community Development Director
March 2023
9 San Clemente 2022 Annual Progress Report 
i
Table of Contents
Section Page

1.0 Introduction....................................................................................................................... 1

2.0 General Plan Status and Amendments.............................................................................. 2

2.1 Background on Centennial General Plan ............................................................................ 2

2.2 Amendment Requirements and Process ............................................................................ 2

2.3 General Plan Amendments Adopted in 2022 ..................................................................... 3

2.4 Summary of General Plan Amendments ............................................................................. 3

3.0 Strategic Implementation Program.................................................................................... 4

3.1 Purpose and Update Process ............................................................................................. 4

3.2 Major Implemenation Activities for 2022 ............................................................................. 5

4.0 Housing Activity and Programs.......................................................................................... 7

4.1 Background on Housing Element ........................................................................................ 7

4.2 Activity on Applications, Permits, and Construction ............................................................ 8

4.3 Regional Housing Needs Allocation Progress (RHNA) ...................................................... 8

4.4 Sites Identified or Rezoned to Accommodate Housing Need ............................................. 9

4.5 Program Implementation Status .......................................................................................... 9

4.6 Density Bonus ................................................................................................................... 10

4.7 Units Rehabilitated, Preserved and Acquired for Alternative Adequate Sites ................... 10

4.8 Disposition of City-owned Properties on the Housing Element Sites Inventory ................ 10

4.9 Declared Surplus City-owned or Controlled Lands ......................................................... 11 Tables
Table 1 General Plan Amendments ......................................................................................... 3 Table 2 Adoption Dates for General Plan Elements ................................................................ 4 Table 3 Summary of 2022 Implementation Progress ................................................................ 5 Table 4 Housing Activity Summary ........................................................................................... 8 Table 5 RHNA Status for 6th Cycle ............................................................................................ 8 Table 6 Declared Surplus Sites ............................................................................................... 11 Appendices
Appendix A Housing Reporting Data for 2022 ...................................................................... 12 Appendix B City Housing Ordinance Updates ...................................................................... 56 10 San Clemente 2022 Annual Progress Report 

1.0 INTRODUCTION
California Government Code Section 65400 requires the City to prepare an annual report on the status of the Centennial General Plan and progress in its implementation. The annual progress report must be presented to the City Council for review and acceptance, and then submitted to the Governor’s Office of Planning and Research (OPR) and the Housing and Community Development (HCD) by April 1st of each year. The purpose of the progress report is to provide information for the City Council to assess how the General Plan is being implemented. Also, the report provides State required information regarding the City’s progress in meeting its share of regional housing needs. The State has guidelines for preparing the progress report that are general to allow flexibility in the form and content of reports, based on the circumstances, resources, and constraints for each jurisdiction.
On February 4, 2014, the City Council adopted the Centennial General Plan, the City’s comprehensive longͲterm policy document comprised of goals and policies for achieving San Clemente’s vision. Since General Plan adoption, the City has made progress on the General Plan Strategic Implementation Program (SIP) that lists and prioritizes projects and ongoing programs to implement General Plan goals and policies, known as “Implementation Measures” (IMs). Housing IMs are identified and evaluated separately in the Housing Action Plan certified by HCD with the 2021Ͳ2029 Housing Element. This 6th cycle of the Housing Element ends on October 15, 2029.
This report provides a 2022 General Plan Annual Progress Report (“2022 APR”) to fulfill the State requirements. The document is organized in four sections. 
Section Description

1. Introduction This section summarizes the purpose of the annual progress report.

2. General Plan Status
and Amendments.

This section provides background on the Centennial
General Plan, amendment requirements, and
amendments adopted in 2022.

3. Strategic
Implementation
Program.

Thissection describesthe SIP, provides a status update, and highlights major actions taken in 2022 to make
progress on goals and policies in the General Plan.

4. Housing Activity and
Programs
This section provides background on the Housing
Element and summary of housing activity and programs
in 2022. Appendix A includes HCD APR forms for
Housing Element 2022 reporting
1 11
San Clemente 2022 Annual Progress Report 

2.0 GENERAL PLAN STATUS AND AMENDMENTS

2.1Background on Centennial General Plan
The City’s Centennial General Plan was adopted in February 2014. The comprehensive longͲterm policy document is largely comprised of goals (what we want to achieve) and policies (how we accomplish these goals) for achieving San Clemente’s vision. It guides growth and development to achieve optimum results from the City's physical, economic, environmental and human resources. Per State law, General Plans are required to include seven elements (Land Use, Housing, Circulation, Noise, Safety, Open Space and Conservation). The organization of these seven elements, and any optional elements, are determined by the local jurisdiction. The Centennial General Plan is made up of thirteen elements: 1) Land Use; 2) Urban Design; 3) Historic Preservation; 4) Economic Development; 5) Mobility and Complete Streets; 6) Housing, 7) Beaches, Parks and Recreation; 8) Natural Resources; 9) Coastal; 10) Safety; 11) Public Services, Facilities and Utilities; 12) Growth Management; and 13) Governance. State law requires the Housing Element be updated in a cycle of at least every eight years, along with a Housing Action Plan for implementation of housing goals and policies. The most recent Housing Element, a midͲ term update, was approved by the City Council on October 10, 2017, and certified by the State on January 22, 2018. Similar to other jurisdictions, the City is in the process of pursuing State certification of a Housing Element update for 2022Ͳ2029.

Each element has a set of goals and policies that are intended to achieve specific objectives. Implementation measures for General Plan elements, other than Housing, are included in a Strategic Implementation Program (SIP). Housing implementation measures are included in Housing Element Action Plan.

2.2Amendment Requirements and Process
Local governments are required to keep their General Plans current and internally consistent.

Although General Plans must be kept current, there is no specific requirement that a local government update its General Plan on a particular timeline, with the exception of the Housing Element that must be updated every eight years. Municipal Code Section 17.16.020 establishes procedures for the initiation of processing requests for a General Plan amendment. These procedures require that a General Plan amendment be initiated by either: 1) a majority vote of the City Council, or 2) the submittal of an application from a property owner or agent. Once initiated, the General Plan amendment and related environmental document is considered by the Planning Commission and a recommendation is made to the City Council via resolution. The City Council takes final action at a public hearing. California Government Code Section 65358 allows required General Plan elements to be amended up to four times in a calendar year. 2 12
San Clemente 2022 Annual Progress Report 

2.3General Plan Amendments Adopted in 2022
In 2022, two General Plan Amendments (GPA) were adopted:
x Senior Housing and Medical Office.On November 1, 2022, the City adopted Resolution 22Ͳ40, approving GPA 22Ͳ097; changed the land use designation of a site at 654 Camino De Los Mares to construct a mixedͲuse project with 250 forͲrent senior residential units and a 7,500 square foot medical office. The GPA changed the land use designation from Regional Medical Facilities 1 (RMF1) to Community Commercial 4 (CC4). x West Pico Corridor Specific Plan Update and Architectural Overlay Expansion. On October 18, 2022, the City adopted Resolution 22Ͳ39, approving GPA 21Ͳ238. This CityͲinitiated longͲrange planning updated the West Pico Corridor Specific Plan for consistency with the General Plan, Coastal Land Use Plan and Zoning; expanded the Architectural Overlay district; and changed the land use designation of two parcels located at 1510 Avenida De La Estrella (APNs 057Ͳ020Ͳ45 and 057Ͳ020Ͳ67) to High Industrial from a split of Light Industrial and High Industrial.
x Housing Element and Safety Element Updates. On September 20, 2022, the City adopted Resolution 22Ͳ36, approving GPA 20Ͳ036; updates to the Housing Element and Safety Element according to State law.

2.4Summary of General Plan Amendments
Table 1 below presents a summary of General Plan amendments adopted up to December 31, 2022. Table 2 on the next page identifies the adoption dates for each of the General Plan elements. The General Plan as amended through 2022 complies with State General Plan guidelines to a high degree. The following information is provided consistent with the requirements of Government Code Section 65400(a)(2)(F). Table 1 – General Plan Amendments (as of December 31, 2022)1 Adoption
Date
Amendment
No.

Resolution
No. Project Name
11Ͳ1Ͳ22 22Ͳ097 22Ͳ40 Senior Housing and Medical Office 10Ͳ18Ͳ22 21Ͳ238 22Ͳ39 West Pico Corridor Specific Plan Update and Architectural Overlay Expansion
9Ͳ20Ͳ22 20Ͳ036 22Ͳ36 Housing Element and Safety Element Updates 2Ͳ16Ͳ21 20Ͳ011 21Ͳ03 Roadway Systems Update
12Ͳ17Ͳ19 19Ͳ291 19Ͳ56 Pier Bowl Specific Plan Update
10Ͳ10Ͳ17 17Ͳ261 17Ͳ33 Housing Element MidͲterm Update 2013Ͳ2022 9Ͳ5Ͳ17 15Ͳ331 17Ͳ29 Housing Element 2013Ͳ2022 and Amendment to Emergency Shelter Overlay
12Ͳ20Ͳ16 16Ͳ374 16Ͳ75 CleanͲup Edits
10Ͳ18Ͳ16 16Ͳ319 16Ͳ64 Emergency Shelter Overlay
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San Clemente 2022 Annual Progress Report 
Adoption
Date
Amendment
No.

Resolution
No. Project Name
5Ͳ23Ͳ16 16Ͳ002 16Ͳ13 Freeway Oriented Signs and Sign Exceptions 1Ͳ19Ͳ16 15Ͳ427 16Ͳ03 Camino De Los Mares Medical Zones 11Ͳ3Ͳ15 15Ͳ049 15Ͳ47,
15Ͳ48
Clarifications, Land Use Changes, and Addendum No.
1 to General Plan Final Environmental Impact Report
8Ͳ19Ͳ14 14Ͳ123 14Ͳ34 Emergency Shelter Overlay to Implement State law SB2
1 On February 4, 2014, the City adopted the Centennial General Plan (General Plan Amendment 13Ͳ043) via Resolution 14Ͳ01.

Table 2 – Adoption Dates for General Plan Elements (as of December 31, 2022) General Plan Element Adoption
Date
Amendment
No.

Resolution
No.

Land Use 11Ͳ1Ͳ22 22Ͳ097 22Ͳ40
Urban Design 11Ͳ3Ͳ15 15Ͳ049 15Ͳ47,15Ͳ48
Historic Preservation 2Ͳ14Ͳ14 13Ͳ043 14Ͳ01
Economic Development 2Ͳ14Ͳ14 13Ͳ043 14Ͳ01
Mobility and Complete Streets 2Ͳ14Ͳ14 13Ͳ043 14Ͳ01
Housing 9Ͳ20Ͳ22 20Ͳ036 22Ͳ36
Beaches, Parks and Recreation 11Ͳ3Ͳ15 15Ͳ049 15Ͳ47,15Ͳ48 Natural Resources 2Ͳ14Ͳ14 13Ͳ043 14Ͳ01
Coastal 11Ͳ3Ͳ15 15Ͳ049 15Ͳ47,15Ͳ48
Safety 10Ͳ5Ͳ21 20Ͳ036 21Ͳ40
Public Services, Facilities and Utilities 11Ͳ3Ͳ15 15Ͳ049 15Ͳ47,15Ͳ48 Growth Management 2Ͳ16Ͳ21 20Ͳ011 21Ͳ03
Governance 11Ͳ3Ͳ15 15Ͳ049 15Ͳ47,15Ͳ48

3.0 STRATEGIC IMPLEMENTATION PROGRAM

3.1Purpose and Update Process
Since General Plan adoption, the City has made progress on the General Plan Strategic Implementation Program (SIP) that lists and prioritizes projects and ongoing programs to implement General Plan goals and policies, known as “Implementation Measures” (IMs). Housing IMs are listed and evaluated separately in the Housing Action Plan. The SIP describes and ties implementation measures to elements and policies, and identifies the status, priority, and lead department for each action item.Annually, City departments review IMs they are responsible for, provide a status update and summary of accomplishments, and provide recommendations on which IMs to address in the following year. Additionally, departments may recommend SIP changes based on a review of resources, workload, prior Council direction, community need and interest, opportunities for efficiencies, and other criteria. The City annually updates the SIP with the budget for the next fiscal year to:
4 14
San Clemente 2022 Annual Progress Report 
• Ensure the General Plan responds to changing needs and conditions, and to commit resources to the community’s longͲterm vision;
• Evaluate progress towards goals by reviewing the status of IMs underway or completed; • Determine IMs to implement in the next fiscal year;
• Identify department or entity to lead and/or help carry out IMs.

Table 3.2 provides a summary of 2022 accomplishments toward implementing the General Plan according to the Strategic Implementation Program. The current SIP is on the City’s website at this link.

3.2Major Implementation Activities for 2022
Table 3 summarizes 2022 major actions to implement the General Plan. Table 3 – Summary of 2022 Implementation Progress
Department Implementation Actions
Beaches,
Parks, and
Recreation
x Environmental review (CEQA) initiated for Richard T. Steed Memorial Park Master Plan Update.
x Initiated design for planned pickle ball court complex at Richard T. Steed Memorial Park
City Manager x The City conducted a Healthcare Roundtable in April of 2022, bringing in executives from several Southern California hospital systems, to discuss facilities in San Clemente and the trajectory of the healthcare industry. x The City hosted a workshop on Community Choice Energy in July of 2022. x The City conducted a listening session in November of 2022 regarding the plans for potential HOV expansion along the IͲ5 freeway through San Clemente.
x The City coordinated several trainings with the SBDC, including a grant program “Main Street Digital” in the fall of 2022.
x The City hired a consultant (New City America) to investigate a BID in downtown. The results showed that property owners were not currently supportive of initiating a BID.
x Began recruitment for a new Chief of Police Services, City Attorney, and a new City Manager.
5 15
San Clemente 2022 Annual Progress Report 
Department Implementation Actions
Community
Development
x Adopted 6th Cycle 2021Ͳ2029 Housing Element approved by HCD. x Adopted Safety Element.
x Completed State annual reporting for General Plan and Housing element Annual Progress Report (APR).
x Adopted 2022 California Building Codes.
x Updated all City’s Specific Plans for General Plan, Zoning Code, and state and federal law consistency.
x Adopted SB9 implementation ordinance and fee schedule consistent with state law.
x Adopted Accessory Dwelling Unit ordinance consistent with state law. x Implemented new permit tracking software system (Central Square). x Initiated permit streamlining code amendments.
x Initiated zoning code amendments to implement programs in the adopted Housing Element.
x Received $500,000 grant from the California Coastal Commission for a Nature Based Coastal Resiliency Feasibility Study to develop sand retention pilot projects.
x Resumed the Shoreline Monitoring Program to measure changes in the shoreline to determine beach erosion hotspots.
x Provided annual Water Efficient Landscape Ordinance data to DWR. x Local data exchange for 2019Ͳ2050 Orange County Growth Forecast Projections in conjunction with SCAG.
x Maintain Development Story Map providing information on current planning projects to the public.

Public Safety x Pursued and obtained over $14,000 in grants and funding for training for the lifeguards and Junior Lifeguard programs.
x Continued to monitored and provide sand measurement data for beach erosion, and worked with Public Works on Marine Safety relocation feasibility study.
Over 1,800 swimmers in distress were physically rescued by ocean lifeguards, over 26,000 visitors were proactively warned or advised of dangers by onͲduty staff, and over 1,000 medical aids were performed.

Public Works x Renewed the PAWS waiver in April of 2021 and will begin the process again in fall of 2023.
x Completed Council Chambers at City Hall
x Completed Marine Safety Building relocation study
x Completed pavement rehabilitation of 30 miles of City streets x Completed Steed Park ballfield light project
x Started sidewalk rehabilitation of Avenida Cabrillo.
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San Clemente 2022 Annual Progress Report 
Department Implementation Actions
Utilities x Improved utility infrastructure. Replacement and rehabilitation design continues on various reservoirs, pump stations and within the water, wastewater and storm drain systems. Completed projects include: Ferric Tank, Ave. Pico Recycled Water Line Relocation, WRP Sluice Gate Replacements, La Pata Lift Station Wet Well Rehabilitation, sewer and storm drain system linings, WRP Electrical System Rehabilitation, WRP Security Gate, Installed Storm Drain Catch Basin Trash Capture Devices, Calle Vista Torito Storm Drain Repair and El Camino Real Storm Drain Upgrade.
x Continued evaluating Water Reclamation Plant efficiency opportunities to improve operation and reduce chemical and power use. Process is ongoing. One major improvement is to create flow equalization to improve blower optimization and lower power and chemical costs. The project is being developed with design anticipated in FY 2024. x Worked with customers to meet waste recycling and diversion requirements. Response: CR&R and City staff increased outreach to residential, multi family, commercial and industrial customers. x Final design Phase II Recycled Water Expansion is completed for an expansion at Camino de Los Mares and Camino Vera Cruz. In addition, a Recycled Water Master Plan Update is being conducted by AKM Consulting Engineers to evaluate additional future expansion.

4.0 HOUSING ACTIVITY AND PROGRAMS

4.1Background on Housing Element
The Housing Element was last adopted in 2022 for the 2021Ͳ2029 planning period.State law requires the preparation of a Housing Element as part of a jurisdiction's General Plan (Government Code Section 65302(c)). It is the primary planning guide for local jurisdictions to identify and prioritize the housing needs of the City and determine waysto best meetthese needs while balancing community objectives and resources. The 2022 Housing Element consists of five chapters, including: 1) Introduction; 2) Needs Assessment; 3) Housing Constraints, 4) Housing Resources, and 5) Housing Action Plan; and the Appendices. Guidelines adopted by HCD are also considered in the preparation of the Housing Element (Section 65585). Periodic review of the Housing Element is required to evaluate:

1. The appropriateness of its goals, objectives and policies in contributing to the attainment of the state housing goals;

2. The element’s effectiveness in attaining the City’s housing goals and objectives; and

3. The progress of the element’s implementation (Section 65588). Implementation programs are in the Housing Action Plan of the certified Housing Element. Progress in meeting the State Regional Housing Need Allocation (RHNA) and implementing programs in the Housing Action Plan is detailed in Appendix A and summarized below. 7 17
San Clemente 2022 Annual Progress Report 
The goals of the Housing Action Plan are to:

1. Provide adequate opportunities of new housing for persons at all economic levels as well as those with special needs by ensuring that the General Plan and Zoning Ordinance designate sufficient land at appropriate densities and in appropriate locations to accommodate the City’s share of regional housing needs, and

2. Create adequate opportunities for housing by facilitating the production of highͲquality affordable housing for lower income through inclusionary housing, incentives, direct financial assistance, and administrative support.


4.2Activity on Housing Applications, Permits, and Construction Table 4 is a summary of Appendix A information on 2022 housing activity for applications received (building permits and entitlements), entitlements, issued building permits, and finaled constructed units. Refer to Appendix A Tables A and A2 for a detailed inventory. Activity on housing units vary in terms of the steps completed to obtain permits and complete construction.

For example, a project could be initiated and completed in the same calendar year or portion of the development process can start in a calendar year and extend into the next APR. Table 4 – 2022 Housing Unit Activity
Income Level Proposed Units
ͲApplications
Entitled
Units
Units Issued
Permits
Constructed
Units
Very Low 20 20 0 0
Low 0 0 0 0
Moderate 37 12 28 16
Above Moderate 301 234 7 13
Total Units 358 266 35 26
Note: Extremely lowͲincome households are served by veryͲlow income units. 

4.3Regional Housing Needs Allocation (RHNA) Progress Progress on the State Regional Housing Needs Allocation is based on issued permits in a calendar year, not on units constructed. Refer to Appendix A, Table B for an annual accounting of RHNA progress for the 6th cycle Housing Element planning period from 10/15/2021 to 10/15/2029.

Table 5 below is a summary of the status of the City’s RHNA by income category based on 2022 permitting activity.
8 18
San Clemente 2022 Annual Progress Report 
Table 5 – RHNA Status for 5th Cycle – 10/15/21 to 10/15/29

4.4Sites Identified or Rezoned to Accommodate Housing Need There are adequate sitesto meet the City’sremaining RHNA for each income category so no sites need to be added to meet no net loss State requirements. As a result, Table C in Appendix A is blank.

4.5Program Implementation Status
The Housing Action Plan includes 17 programs listed below. Table D of Appendix A provides the 2022 status of program implementation. In addition to reoccurring program activities, in 2022 the City completed an evaluation of the inclusionary housing program (Program 5) and adopted an update the Housing Element with State certification pending.

1. Provide Adequate Sites and Monitoring for No Net Loss 2A. ByͲRight Approval for Projects with 20 Percent Affordable Units 2B. SB 35 Streamlining for Projects with Affordable Units

3. Lot Consolidation

4. Density Bonus Ordinance.

5. Affordable Housing Overlay

6. Inclusionary Housing Program

7. Affordable Housing Development

8. Accessory Dwelling Units (ADUs)
Income Level
RHNA
Allocation
by
Income
Level
2021 2022 Total units
to date
Remaining
RHNA by
Income
Level
Very Low Deed Restricted
282
0 0
NonͲDeed 0 282
Restricted
0 0
Low Deed Restricted
164
0 0
0 164
NonͲDeed
Restricted
0 0
Moderate Deed Restricted
188
0 0
NonͲDeed 33 155
Restricted 2 28
Above
Moderate  348 151 7 163 185
Total RHNA credit 982
Total Units 153 35 196 786
9 19
San Clemente 2022 Annual Progress Report 

9. Pursue Funding Sources and Programs

10. Acquisition and Conversion of MarketͲRate Housing to Affordable Housing

11. Sustainable Policies

12. Affirmatively Furthering Fair Housing

13. Social Services Grant Program

14. Zoning Ordinance Amendments

15. Monitoring of Emergency Shelter Overlay

16. Neighborhood Revitalization Program

17. Preserve AtͲRisk Housing

4.6Density Bonus
In November 2022, the City approved a density bonusfor an affordable housing project, SC Senior Housing and Medical Office Development, at 654 Camino De Los Mares SC Senior Housing and Medical Office Development. The project includes 30 veryͲlow income units and 230 aboveͲ moderate units with a 78 percent density bonus and exceptions for height, parking,, and open space. This is therefore included in Table E, Appendix A. 

4.7Units Rehabilitated, Preserved and Acquired for Alternative Adequate Sites In 2022, there were no dwelling units counted toward RHNA that were substantially rehabilitated, converted from nonͲaffordable to affordable by acquisition, and preserved, including mobilehome park preservation, consistent with the standards set forth in Government Code section 65583.1, subdivision (c). As a result, Table F in Appendix A is blank that is optional. 

4.8Disposition of CityͲowned Properties on the Housing Element Sites Inventory The City does not own properties listed in the Housing Element Sites Inventory so Table G in Appendix A is blank. Government Code section 65400.1 requires jurisdictions to list sites in APR Table G that are owned by a locality, included in the housing element sites inventory, and were sold, leased, or otherwise disposed of during the reporting year. The listing of sites must include the entity to whom the site was transferred, and the intended use of the site. 10 20
San Clemente 2022 Annual Progress Report 

4.9Declared Surplus CityͲowned or Controlled Lands The City has declared four of its properties as “surplussites”, defined in Government Code section 54221(b), that are owned in fee and unnecessary for the City’s use. The properties are identified in Table 6 below and in Appendix A, Table H. Government Code section 54230 requires localities to create an inventory of surplus lands, and lands in excess of its foreseeable needs, if any, pursuant to Section 50569. Surplus sites are located in a jurisdiction’s urbanized areas and urban clusters, as designated by the United States Census Bureau, that the jurisdiction owns or controls.

The entirety of San Clemente is designated as an urbanized area. Table 6 – Declared Surplus Sites

APN
Street
Address/Intersection
Existing
Use
Number
of Units
Surplus
Designation
Parcel Size
(in acres)
678Ͳ163Ͳ01 Avenida La Pata/West
Avenida Vista Hermosa
VacantN/A Surplus Land 2.29
690Ͳ372Ͳ03 754 Avenida Acapulco VacantN/A Surplus Land 0.17 690Ͳ012Ͳ01 100 Avenida Presidio VacantN/A Surplus Land 2.89 690Ͳ012Ͳ02 100 Avenida Presidio VacantN/A Surplus Land 1.82 11 21

APPENDIX A
Housing Element 2022 Annual Progress Report
This appendix includes 2022 reporting data on implementation of the certified 2021-2029 Housing Element Mid-term Update for the 6th cycle (10/15/2021 to 10/15/2029)
12 22
Jurisdiction San Clemente
Reporting Year 2022 (Jan. 1 - Dec. 31)
Planning Period 6th Cycle 10/15/2021 - 10/15/2029
Current Year
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 28
7 35
Units by Structure Type Entitled Permitted Completed
SFA 0 0 0
SFD 1 2 13
2 to 4 3 5 0
5+ 250 0 0
ADU 12 28 16
MH 0 0 0
Total 266 35 29
75 358
358
0 0
0 0
0 Income Rental Ownership Total
Very Low 0 00
Low 0 00
Moderate 0 00
Above Moderate 0 00
Total 0 00
Cells in grey contain auto-calculation formulas
Units Constructed - SB 35 Streamlining Permits
Number of Streamlining Applications Approved
Total Developments Approved with Streamlining
Total Units Constructed with Streamlining
Total Housing Applications Submitted:

Number of Proposed Units in All Applications Received:

Total Housing Units Approved:

Total Housing Units Disapproved:

Total Units
Housing Applications Summary
Use of SB 35 Streamlining Provisions
Note: Units serving extremely low-income households are included in the very low-income permitted units totals Number of Applications for Streamlining
Building Permits Issued by Affordability Summary
Income Level
Very Low
Low
Moderate
Above Moderate
13 23
Jurisdiction San Clemente ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Year 2022 (Jan. 1 - Dec. 31) Housing Element ImplementationPlanning Period 6th Cycle 10/15/2021 - 10/15/2029 Date
Application
Submitted
Total
Approved
Units by
Project
Total
Disapproved
Units by
Project
Streamlining Application Status Notes
2 34 6 7 8 9 11 12
Prior APN+ Current APN Street Address Project Name+ Local Jurisdiction Tracking ID+ Unit Category (SFA,SFD,2 to 4,5+,ADU,MH) Tenure R=Renter O=Owner Date Application Submitted+ (see instructions) Very Low- Income Deed Restricted Very Low- Income Non Deed Restricted Low- Income Deed Restricted Low-Income Non Deed Restricted Moderate- Income Deed Restricted Moderate- Income Non Deed Restricted Above Moderate- Income Total PROPOSED Units by Project Total APPROVED Units by project Total DISAPPROVED Units by Project Was APPLICATION SUBMITTED Pursuant to GC 65913.4(b)? (SB 35 Streamlining) Ddi the housing
development
application seek
incentives or
concessions
pursuant to
Government
Code section
65915?
Were incentives
or concessions
reqested
pursuant to
Government
Code section
65915
approved?
Please indicate
the status of the
application.

Notes+
Summary Row: Start Data Entry Below 20 0 0 0 0 37 301 358 358 0 057-031-07 109 REVUELTA B22-0164 ADU R 1/25/2022 1 1 1 No No No Approved057-033-46 128 AVENIDA B22-0977 SFD O 4/27/2022 1 1 1 No No No PENDING057-033-46 128 AVENIDA B22-1509 ADU R 7/13/2022 1 1 1 No No No PENDING057-091-11 AVENIDA DE LA B22-1374 SFD O 6/22/2022 1 1 1 No No No PENDING057-091-14 0 AVENIDA DE LA PAZ
B22-0968 SFD O 4/27/2022 1 1 1 No No No PENDING
057-153-17 115 E EL PORTAL
B
IC22-041, B22-1485
ADU R 7/7/2022 1 1 1 No No No PENDING Coastal Commission approval pending
057-161-04 1401 AVENIDA DE LA ESTRELLA IC22-269 ADU R 8/10/2022 1 1 1 No No No Approved057-162-03 1501 AVENIDA DE B22-1505 ADU R 7/13/2022 1 1 1 No No No Approved057-162-54 126 CALLE B22-1637 SFD O 8/1/2022 1 1 1 No No No PENDING058-052-41 103 W ESCALONES IC22-135 ADU R 4/18/2022 1 1 1 No No No Approved058-091-14 100 AVENIDA ROSA CHP22-008 2 to 4 R 1/10/2022 3 3 3 No No No Approved058-091-15 142 AVENIDA ROSA
B22-0186 2 to 4 R 1/26/2022 2 2 2 No No No Approved
058-091-43 130 AVENIDA
ROSA
B22-1885 2 to 4 R 9/7/2022 2 2 2 No No No PENDING
058-104-03 229 AVENIDA

MONTEREY
B22-1742 2 to 4 R 8/15/2022 2 2 2 No No No PENDING
058-104-03 229 AVENIDA

MONTEREY
B22-1829 ADU R 8/26/2022 1 1 1 No No No PENDING
058-112-09 247 AVENIDA DEL MAR IC22-160 ADU R 5/10/2022 1 1 1 No No No Approved058-113-67 259 AVENIDA

GRANADA
B22-1941 ADU R 9/13/2022 1 1 1 No No No PENDING
058-121-26 224 AVENIDA

MIRAMAR C
B22-0498, IC22-156
ADU R 3/2/2022 1 1 1 No No No PENDING
058-122-39 240 AVENIDA
SERRA
B22-0847 2 to 4 R 4/12/2022 2 2 2 No No No PENDING
060-243-27 2306 CALLE LA
SERNA
B22-0485 ADU R 3/2/2022 1 1 1 No No No PENDING
060-261-08 238 VIA RANCHO B22-0047 ADU R 1/12/2022 1 1 1 No No No PENDING060-271-03 227 CALLE

CAMPESINO B
B22-1469, IC-194 ADU R 7/5/2022 1 1 1 No No No PENDING
060-281-36 3824 CALLE
TIARA
B22-2584, IC22-414
SFD O 12/13/2022 1 1 1 No No No PENDING Coastal Commission approval pending
675-072-19 654 CAMINO DE LOSC Senior Housing and MMP22-089 5+ R 3/21/2022 20 230 250 250 No No No APPROVED675-171-11 9 VIA TUNAS B22-0558 SFD O 3/9/2022 1 1 1 No No No APPROVED675-174-29 20 MARANA B22-1701 SFD O 8/10/2022 1 1 1 No No No APPROVED675-174-50 8 MAR DEL REY B22-1097 SFD O 5/12/2022 1 1 1 No No No APPROVED675-193-02 27000 PASEO ACTIVO
B22-1473, VAR 21-001
SFD O 1/27/2022 1 1 1 No No No PENDING
675-226-14 3907 CALLE
ABRIL
B22-1706 ADU R 8/10/2022 1 1 1 No No No PENDING
680-191-30 2967 CALLE

FRONTERA
B22-2319 ADU R 11/3/2022 1 1 1 No No No PENDING
680-241-08 2878 VIA

BELLOTA
B22-0295 SFD O 2/7/2022 1 1 1 No No No PENDING
680-391-06 2940 ARROYO B22-1995 ADU R 9/21/2022 1 1 1 No No No PENDING680-521-03 3015 EMINENCIA

DEL NORTE
B22-2572 SFD O 12/12/2022 1 1 1 No No No PENDING
690-095-07 401 CALLE
FIESTA
B22-0313 ADU R 2/8/2022 1 1 1 No No No Approved
690-101-13 944 AVENIDA

PRESIDIO
B22-2540 SFD O 12/7/2022 1 1 1 No No No PENDING
690-122-04 446 CALLE
MIGUEL
B22-0738 SFD O 3/29/2022 1 1 1 No No No PENDING
690-182-12 AVENIDA SAN JUAN PHP22-465 5+ O 12/22/2022 6 6 6 No No No Approved690-445-20 15 W AVENIDA

JUNIPERO B
B22-0500 ADU R 3/2/2022 1 1 1 No No No Approved
690-482-15 786 AVENIDA

SALVADOR
B22-2254 SFD O 10/25/2022 1 1 1 No No No PENDING
691-261-14 335 AVENIDA VAQUERO IC22-128 ADU R 4/12/2022 1 1 1 No No No Approved691-294-05 2703 VIA LADO IC22-245 ADU R 7/19/2022 1 1 1 No No No Approved691-425-01 200 VIA

SOCORRO
B22-1295 SFD O 6/14/2022 1 1 1 No No No PENDING
691-425-02 202 VIA

SOCORRO
B22-1296 SFD O 6/14/2022 1 1 1 No No No PENDING
Table A
Cells in grey contain auto-calculation formulas
1 5
Project Identifier Unit Types Proposed Units - Affordability by Household Incomes Density Bonus Law Applications 10 Housing Development Applications Submitted
14 24
Jurisdiction San Clemente ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Year 2022 (Jan. 1 - Dec. 31) Housing Element ImplementationPlanning Period 6th Cycle 10/15/2021 - 10/15/2029 Date
Application
Submitted
Total
Approved
Units by
Project
Total
Disapproved
Units by
Project
Streamlining Application Status Notes
2 34 6 7 8 9 11 12
Prior APN+ Current APN Street Address Project Name+ Local Jurisdiction Tracking ID+ Unit Category (SFA,SFD,2 to 4,5+,ADU,MH) Tenure R=Renter O=Owner Date Application Submitted+ (see instructions) Very Low- Income Deed Restricted Very Low- Income Non Deed Restricted Low- Income Deed Restricted Low-Income Non Deed Restricted Moderate- Income Deed Restricted Moderate- Income Non Deed Restricted Above Moderate- Income Total PROPOSED Units by Project Total APPROVED Units by project Total DISAPPROVED Units by Project Was APPLICATION SUBMITTED Pursuant to GC 65913.4(b)? (SB 35 Streamlining) Ddi the housing
development
application seek
incentives or
concessions
pursuant to
Government
Code section
65915?
Were incentives
or concessions
reqested
pursuant to
Government
Code section
65915
approved?
Please indicate
the status of the
application.

Notes+
Summary Row: Start Data Entry Below 20 0 0 0 0 37 301 358 358 0 Table A
Cells in grey contain auto-calculation formulas
1 5
Project Identifier Unit Types Proposed Units - Affordability by Household Incomes Density Bonus Law Applications 10 Housing Development Applications Submitted
691-434-54 117 VIA BELLAS
ARTES
B22-1976 ADU R 9/20/2022 1 1 1 No No No PENDING
692-044-25 501 ELENA LN B22-0658 2 to 4 R 3/16/2022 2 2 2 No No No PENDING692-051-08 254 W AVENIDA PALIZADA IC22-294 2 to 4 R 8/23/2022 2 2 2 No No No Approved692-051-14 314 ENCINO LN IC22-396 ADU R 11/7/2022 1 1 1 No No No Approved692-052-07 323 ENCINO LN B22-2595 SFD O 12/13/2022 1 1 1 No No No Approved692-054-13 329 AVENIDA

CABRILLO B
B22-1052 ADU R 5/9/2022 1 1 1 No No No Approved
692-073-28 222 W MARIPOSA CHP22-148 ADU R 4/28/2022 1 1 1 No No No Approved692-082-25 227 W CANADA B22-2183, IC22- 065
ADU R 10/17/2022 1 1 1 No No No Pending
692-091-04 238 W MARIPOSA IC22-394 ADU R 11/7/2022 1 1 1 No No No Approved692-102-20 101 EL ORIENTE CUP22-019 5+ R 1/26/2022 6 6 6 No No No Approved692-121-15 1629 CALLE LAS BOLAS
B22-2536 2 to 4 R 12/7/2022 2 2 2 No No No Pending
692-121-16 1601 CALLE

SACRAMENTO
B22-2534 2 to 4 R 12/7/2022 2 2 2 No No No Pending
692-121-17 1603 CALLE

SACRAMENTO
B22-2535 2 to 4 R 12/7/2022 2 2 2 No No No Pending
692-122-30 111 DIJE CT IC22-159 2 to 4 R 5/10/2022 2 2 2 No No No Approved692-122-41 1516 BUENA VISTA C IC22-087 5+ R 3/21/2022 1 1 1 No No No Approved692-142-40 105 TRAFALGAR LN
B22-0150 ADU R 1/24/2022 1 1 1 No No No Pending
692-143-34 105 W AVENIDA

CADIZ B
B22-0804 ADU R 4/7/2022 1 1 1 No No No Pending
692-143-40 117 W AVENIDA
CADIZ
B22-0596, IC22-005
ADU R 3/10/2022 1 1 1 No No No Pending
692-143-52 141 W AVENIDA

CADIZ B
B22-0320 ADU R 2/9/2022 1 1 1 No No No Approved
692-152-19 103 ESPLANADE B22-0666, IC22-
203
ADU R 3/17/2022 1 1 1 No No No Pending
692-153-30 118 W PASEO DE

CRISTOBAL
B22-0682, IC22-013
ADU R 1/18/2022 1 1 1 No No No Approved
692-171-18 1430 S EL CAMINO REAL CUP22-412 5+ R 11/18/2022 10 10 10 No No No Approved692-211-26 134 W AVENIDA

DE LOS LOBOS MARINOS B
B22-0957 ADU R 4/26/2022 1 1 1 No No No Approved
692-241-06 215 AVENIDA

BARCELONA B
B22-0347 ADU R 2/14/2022 1 1 1 No No No Approved
692-262-04 332 W PASEO DE

CRISTOBAL
B22-0713 SFD O 3/28/2022 1 1 1 No No No Pending
692-263-18 244 LA RAMBLA B21-1705 SFD O 8/9/2022 1 1 1 No No No Pending692-272-05 323 LA RAMBLA IC22-379 2 to 4 O 10/31/2022 2 2 2 No No No Approved692-272-10 320 LA RAMBLA VAR22-346 2 to 4 O 9/23/2022 3 3 3 No No No Approved692-291-01 1614 S OLA VISTA B22-1147, IC22- 056
ADU R 2/23/2022 1 1 1 No No No Approved
692-361-10 126 AVENIDA DEL REPOSO IC22-298 ADU R 8/24/2022 1 1 1 No No No Approved692-361-16 135 AVENIDA

FLORENCIA
B22-2131, IC22-303
ADU R 8/26/2022 1 1 1 No No No Pending
692-361-24 129 AVENIDA

FLORENCIA
B22-0461 SFD O 2/28/2022 1 1 1 No No No Pending
15 25
Table A2
23 56
Prior APN+ Current APN Street Address Project Name+ Local Jurisdiction Tracking ID+ Unit Category (SFA,SFD,2 to 4,5+,ADU,MH) Tenure R=Renter O=Owner Very Low- Income Deed Restricted Very Low- Income Non Deed Restricted Low- Income Deed Restricted Low- Income Non Deed Restricted Moderate- Income Deed Restricted Moderate- Income Non Deed Restricted Above Moderate- Income Entitlement Date Approved # of Units issued Entitlements Summary Row: Start Data Entry Below 20 0 0 0 0 12 234 266 057-031-07 109 REVUELTA
CT
B22-0164 ADU R
0 057-156-27 115 E MARIPOSA
B
B21-2445 ADU R
0 057-162-03 1501 AVENIDA DE

LA ESTRELLA C
B22-1505 ADU R
0 057-162-77 136 Calle
Redondel B
B19-2023 ADU R
0 058-052-41 103 W ESCALONES IC22-135 ADU R 1 7/15/2022 1 058-073-14 123 AVENIDA

SERRA C
B21-0103 ADU R
0 058-091-14 100 AVENIDA ROSA CHP22-008 2 to 4 R 3 5/18/2022 3 058-091-15 142 AVENIDA
ROSA
B22-0186 2 to 4 R
0 058-121-26 224 AVENIDA

MIRAMAR C
B22-0498, IC22-156 ADU R 1 5/24/2022
1 058-121-26 224 AVENIDA

MIRAMAR D
B22-1403, IC22-156 ADU R 1 5/24/2022
1 060-051-05 431 CALLE
GOMEZ
B20-0629 SFD O
0 060-063-13 505 ARDILLA LN B20-1736 SFD O 0
060-083-11 322 AVENIDA

SANTA MARGARITA B
B21-2095 ADU R
0 060-182-04 2400 S OLA VISTA
B
B21-1047 ADU R
0 060-271-03 227 CALLE

CAMPESINO B
B22-1469, IC-194 ADU R 1 6/29/2022
1 675-072-19 654 CAMINO DE LOSC Senior Housing anMP22-089 5+ R 20 230 11/15/2022 250 675-172-13 4 Via Cancha B19-0902 SFD O 0
675-173-40 27 Marbella B16-2679 SFD O 0
675-193-02 27000 PASEO
ACTIVO
B22-1473, VAR 21-001
SFD O 1 3/2/2022
1 678-102-34 6700 CAMINO

CRESTA B
B21-1527 ADU R
0 679-191-14 2245 CALLE

OPALO B
B20-1504 ADU R
0 680-341-11 2907 CABALLISTA

DEL SUR
B20-1742 ADU R
0 680-442-10 1406 JINETTE B B21-1277 ADU R 0
680-451-21 2904 Novilla B19-2680 ADU R 0680-461-02 3160 INCLINADO B
B20-1025 ADU R
0 680-461-04 3164 INCLINADO
B
B20-2212 ADU R
0 680-581-23 2705 CEPA UNO B21-1566 ADU R 0690-095-07 401 CALLE FIESTA
B22-0313 ADU R
0 690-122-05 448 CALLE
MIGUEL
B21-2444 ADU R
0 690-201-28 203 E AVENIDA

RAMONA B
B21-2320 ADU R
0 690-412-53 116 E AVENIDA

DE LOS LOBOS MARINOS B
B20-1138 ADU R
0 690-423-18 114 Avenida San
Pablo
B17-1494 ADU R
0 1 4
Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units Project Identifier Unit Types Affordability by Household Incomes - Completed Entitlement 16 26
Table A2
23 56
Prior APN+ Current APN Street Address Project Name+ Local Jurisdiction Tracking ID+ Unit Category (SFA,SFD,2 to 4,5+,ADU,MH) Tenure R=Renter O=Owner Very Low- Income Deed Restricted Very Low- Income Non Deed Restricted Low- Income Deed Restricted Low- Income Non Deed Restricted Moderate- Income Deed Restricted Moderate- Income Non Deed Restricted Above Moderate- Income Entitlement Date Approved # of Units issued Entitlements Summary Row: Start Data Entry Below 20 0 0 0 0 12 234 266 1 4
Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units Project Identifier Unit Types Affordability by Household Incomes - Completed Entitlement 690-445-20 15 W AVENIDA

JUNIPERO B
B22-0500 ADU R
0 691-083-09 3008 LA VENTANA B21-1775 SFD O
0 691-252-33 2803 Via Montecito B19-2489 SFD O
0 691-261-14 335 AVENIDA VAQUERO IC22-128 ADU R 1 7/27/2022 1691-425-03 204 VIA

SOCORRO
B21-1222 SFD O
0 691-425-04 206 VIA

SOCORRO
B21-1223 SFD O
0 691-425-05 208 VIA

SOCORRO
B21-1224 SFD O
0 691-425-06 210 VIA

SOCORRO
B21-1225 SFD O
0 692-054-13 329 AVENIDA

CABRILLO B
B22-1052 ADU R
0 692-076-01 217 W MARQUITA
B
B20-1178 ADU R
0 692-082-25 227 W CANADA B22-2183, IC22-065 ADU R 1 6/28/2022 1 692-091-04 238 W MARIPOSA IC22-394 ADU R 1 10/6/2022 1 692-143-40 117 W AVENIDA
CADIZ
B22-0596, IC22-005 ADU R 1 2/2/2022
1 692-143-52 141 W AVENIDA

CADIZ B
B22-0320 ADU R
0 692-153-30 118 W PASEO DE

CRISTOBAL
B22-0682, IC22-013 ADU R 1 3/10/2022
1 692-153-39 1107 S OLA VISTA B20-1290 SFD O
0 692-161-16 101 W PASEO DE

CRISTOBAL C
B20-1901 ADU R
0 692-171-05 125 W AVENIDA

GAVIOTA B
B20-2321 ADU R
0 692-191-25 142 W Avenida
Junipero B
B19-1078 ADU R
0 692-211-26 134 W AVENIDA

DE LOS LOBOS MARINOS B
B22-0957 ADU R
0 692-241-06 215 AVENIDA

BARCELONA B
B22-0347 ADU R
0 692-272-14 312 La Rambla B20-0862 SFD O 0
692-291-01 1614 S OLA VISTA B22-1147, IC22-056 ADU R 1 4/20/2022 1 692-291-38 213 AVENIDA

PRINCESA
B20-1284 SFD O
0 692-291-39 211 AVENIDA

PRINCESA
B20-1283 SFD O
0 692-292-02 204 W Avenida De
Los Lobos Marinos B
B20-0854 ADU R
0 692-311-30 207 W AVENIDA

SAN ANTONIO
B21-0399 SFD O
0 692-312-27 405 W AVENIDA

DE LOS LOBOS MARINOS B
B21-0488 ADU R
0 692-361-10 126 AVENIDA DEL REPOSO IC22-298 ADU R 1 10/24/2022 1 17 27
Table A2
23 56
Prior APN+ Current APN Street Address Project Name+ Local Jurisdiction Tracking ID+ Unit Category (SFA,SFD,2 to 4,5+,ADU,MH) Tenure R=Renter O=Owner Very Low- Income Deed Restricted Very Low- Income Non Deed Restricted Low- Income Deed Restricted Low- Income Non Deed Restricted Moderate- Income Deed Restricted Moderate- Income Non Deed Restricted Above Moderate- Income Entitlement Date Approved # of Units issued Entitlements Summary Row: Start Data Entry Below 20 0 0 0 0 12 234 266 1 4
Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units Project Identifier Unit Types Affordability by Household Incomes - Completed Entitlement 692-361-16 135 AVENIDA

FLORENCIA
B22-2131, IC22-303 ADU R 1 10/5/2022
1 692-363-39 208 Avenida De La
Grulla C
B20-0686 ADU R
0 692-381-34 104 AVENIDA
PELAYO
B21-0795 2 to 4 R
0 692-381-34 104 AVENIDA
PELAYO
B21-0798 ADU R
0 692-381-35 106 AVENIDA

PELAYO C
B21-1467 ADU R
0 692-381-35 106 AVENIDA

PELAYO D
B21-1468 ADU R
0 692-382-09 135 AVENIDA
PELAYO
B21-1409 ADU R
0 692-382-29 166 AVENIDA

ARAGON B
B21-0701 ADU R
0 692-382-29 166 AVENIDA
ARAGON
B21-1132 2 to 4 R
0 692-395-47 148 W CANADA C B21-0739 ADU R
0000000000000000000000000000000000000
18 28
Table A2
Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units 89 Current APN Street Address Project Name+
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed Restricted
Above
ModerateIncome Building Permits Date Issued # of Units Issued Building Permits 0 0 0 0 0 28 7 35
057-031-07 109 REVUELTA CT 1 10/13/2022 1
057-156-27 115 E MARIPOSA
B
1 9/21/2022 1
057-162-03 1501 AVENIDA DE

LA ESTRELLA C
1 12/2/2022
1 057-162-77 136 Calle Redondel
B
1 6/7/2022 1
058-052-41 103 W ESCALONES 0058-073-14 123 AVENIDA

SERRA C
1 9/22/2022 1
058-091-14 100 AVENIDA ROSA 0058-091-15 142 AVENIDA
ROSA
2 6/14/2022 2
058-121-26 224 AVENIDA
MIRAMAR C 0
058-121-26 224 AVENIDA
MIRAMAR D 0
060-051-05 431 CALLE
GOMEZ 0
060-063-13 505 ARDILLA LN 0060-083-11 322 AVENIDA

SANTA MARGARITA B
1 3/21/2022
1 060-182-04 2400 S OLA VISTA
B
1 3/2/2022 1
060-271-03 227 CALLE
CAMPESINO B 0
675-072-19 654 CAMINO DE LOSC Senior Housing and Medical Office Development 0 675-172-13 4 Via Cancha 0675-173-40 27 Marbella 0675-193-02 27000 PASEO ACTIVO 0
678-102-34 6700 CAMINO

CRESTA B
1 2/16/2022 1
679-191-14 2245 CALLE
OPALO B 0
680-341-11 2907 CABALLISTA
DEL SUR 0
680-442-10 1406 JINETTE B 1 10/11/2022 1680-451-21 2904 Novilla 0 7 Project Identifier Affordability by Household Incomes - Building Permits 19 29
Table A2
Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units 89 Current APN Street Address Project Name+
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed Restricted
Above
ModerateIncome Building Permits Date Issued # of Units Issued Building Permits 0 0 0 0 0 28 7 35
7 Project Identifier Affordability by Household Incomes - Building Permits 680-461-02 3160 INCLINADO B 0680-461-04 3164 INCLINADO B 1 11/4/2022 1 680-581-23 2705 CEPA UNO 1 6/28/2022 1690-095-07 401 CALLE FIESTA 1 6/15/2022 1690-122-05 448 CALLE MIGUEL
1 6/20/2022 1
690-201-28 203 E AVENIDA

RAMONA B
1 4/18/2022 1
690-412-53 116 E AVENIDA

DE LOS LOBOS MARINOS B
0 690-423-18 114 Avenida San
Pablo 0
690-445-20 15 W AVENIDA

JUNIPERO B
1 12/16/2022 1
691-083-09 3008 LA VENTANA 1 6/15/2022 1
691-252-33 2803 Via Montecito 0691-261-14 335 AVENIDA VAQUERO 0691-425-03 204 VIA SOCORRO 0
691-425-04 206 VIA
SOCORRO 0
691-425-05 208 VIA
SOCORRO 0
691-425-06 210 VIA
SOCORRO 0
692-054-13 329 AVENIDA

CABRILLO B
1 12/8/2022 1
692-076-01 217 W MARQUITA
B 0
692-082-25 227 W CANADA 0692-091-04 238 W MARIPOSA 0692-143-40 117 W AVENIDA CADIZ 0
692-143-52 141 W AVENIDA

CADIZ B
1 9/14/2022 1
20 30
Table A2
Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units 89 Current APN Street Address Project Name+
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed Restricted
Above
ModerateIncome Building Permits Date Issued # of Units Issued Building Permits 0 0 0 0 0 28 7 35
7 Project Identifier Affordability by Household Incomes - Building Permits 692-153-30 118 W PASEO DE

CRISTOBAL
1 7/26/2022 1
692-153-39 1107 S OLA VISTA 0692-161-16 101 W PASEO DE
CRISTOBAL C 0
692-171-05 125 W AVENIDA
GAVIOTA B 0
692-191-25 142 W Avenida
Junipero B 0
692-211-26 134 W AVENIDA

DE LOS LOBOS MARINOS B
1 9/14/2022
1 692-241-06 215 AVENIDA

BARCELONA B
1 12/1/2022 1
692-272-14 312 La Rambla 0692-291-01 1614 S OLA VISTA 1 10/5/2022 1692-291-38 213 AVENIDA PRINCESA 0
692-291-39 211 AVENIDA
PRINCESA 0
692-292-02 204 W Avenida De
Los Lobos Marinos B
0 692-311-30 207 W AVENIDA

SAN ANTONIO
1 3/21/2022 1
692-312-27 405 W AVENIDA

DE LOS LOBOS MARINOS B
1 4/11/2022
1 692-361-10 126 AVENIDA DEL REPOSO 0692-361-16 135 AVENIDA FLORENCIA 0
692-363-39 208 Avenida De La
Grulla C 0
692-381-34 104 AVENIDA
PELAYO
2 6/9/2022 2
692-381-34 104 AVENIDA
PELAYO
1 6/9/2022 1
692-381-35 106 AVENIDA

PELAYO C
1 5/9/2022 1
21 31
Table A2
Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units 89 Current APN Street Address Project Name+
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed Restricted
Above
ModerateIncome Building Permits Date Issued # of Units Issued Building Permits 0 0 0 0 0 28 7 35
7 Project Identifier Affordability by Household Incomes - Building Permits 692-381-35 106 AVENIDA

PELAYO D
1 5/9/2022 1
692-382-09 135 AVENIDA
PELAYO
1 8/22/2022 1
692-382-29 166 AVENIDA

ARAGON B
1 5/5/2022 1
692-382-29 166 AVENIDA
ARAGON
1 5/5/2022 1
692-395-47 148 W CANADA C 1 6/14/2022 1
000000000000000000000000000000
22 32
Table A2
Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units 11 12
Current APN Street Address Project Name+
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed Restricted
Above
ModerateIncome
Certificates of
Occupancy or other
forms of readiness
(see instructions) Date
Issued
# of Units
issued
Certificates of Occupancy or
other forms of
readiness
0 0 0 0 0 16 13 29
057-031-07 109 REVUELTA CT 0057-156-27 115 E MARIPOSA
B 0
057-162-03 1501 AVENIDA DE
LA ESTRELLA C 0
057-162-77 136 Calle Redondel
B 0
058-052-41 103 W ESCALONES 0058-073-14 123 AVENIDA
SERRA C 0
058-091-14 100 AVENIDA ROSA 0058-091-15 142 AVENIDA
ROSA 0
058-121-26 224 AVENIDA
MIRAMAR C 0
058-121-26 224 AVENIDA
MIRAMAR D 0
060-051-05 431 CALLE
GOMEZ
1 10/4/2022 1
060-063-13 505 ARDILLA LN 1 9/6/2022 1060-083-11 322 AVENIDA

SANTA MARGARITA B
1 8/8/2022
1 060-182-04 2400 S OLA VISTA
B 0
Affordability by Household Incomes - Certificates of Occupancy 10 Project Identifier
23 33
Table A2
Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units 11 12
Current APN Street Address Project Name+
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed Restricted
Above
ModerateIncome
Certificates of
Occupancy or other
forms of readiness
(see instructions) Date
Issued
# of Units
issued
Certificates of Occupancy or
other forms of
readiness
0 0 0 0 0 16 13 29
Affordability by Household Incomes - Certificates of Occupancy 10 Project Identifier
060-271-03 227 CALLE
CAMPESINO B 0
675-072-19 654 CAMINO DE LOSC Senior Housing and Medical Office Development 0 675-172-13 4 Via Cancha 1 8/8/2022 1675-173-40 27 Marbella 1 1/27/2022 1675-193-02 27000 PASEO ACTIVO 0
678-102-34 6700 CAMINO

CRESTA B
1 8/4/2022 1
679-191-14 2245 CALLE

OPALO B
1 8/10/2022 1
680-341-11 2907 CABALLISTA

DEL SUR
1 7/27/2022
1 680-442-10 1406 JINETTE B 0680-451-21 2904 Novilla 1 9/29/2022 1680-461-02 3160 INCLINADO B
1 1/31/2022 1
680-461-04 3164 INCLINADO
B 0
680-581-23 2705 CEPA UNO 0690-095-07 401 CALLE
FIESTA 0
690-122-05 448 CALLE
MIGUEL
1 12/22/2022 1
690-201-28 203 E AVENIDA
RAMONA B 0
24 34
Table A2
Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units 11 12
Current APN Street Address Project Name+
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed Restricted
Above
ModerateIncome
Certificates of
Occupancy or other
forms of readiness
(see instructions) Date
Issued
# of Units
issued
Certificates of Occupancy or
other forms of
readiness
0 0 0 0 0 16 13 29
Affordability by Household Incomes - Certificates of Occupancy 10 Project Identifier
690-412-53 116 E AVENIDA

DE LOS LOBOS MARINOS B
1 5/12/2022
1 690-423-18 114 Avenida San
Pablo
1 2/15/2022 1
690-445-20 15 W AVENIDA
JUNIPERO B 0
691-083-09 3008 LA VENTANA 0691-252-33 2803 Via Montecito 1 2/11/2022 1 691-261-14 335 AVENIDA VAQUERO 0691-425-03 204 VIA

SOCORRO
1 10/12/2022 1
691-425-04 206 VIA

SOCORRO
1 10/20/2022 1
691-425-05 208 VIA

SOCORRO
1 10/12/2022 1
691-425-06 210 VIA

SOCORRO
1 10/12/2022 1
692-054-13 329 AVENIDA
CABRILLO B 0
692-076-01 217 W MARQUITA
B
1 6/1/2022 1
692-082-25 227 W CANADA 0692-091-04 238 W MARIPOSA 0
25 35
Table A2
Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units 11 12
Current APN Street Address Project Name+
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed Restricted
Above
ModerateIncome
Certificates of
Occupancy or other
forms of readiness
(see instructions) Date
Issued
# of Units
issued
Certificates of Occupancy or
other forms of
readiness
0 0 0 0 0 16 13 29
Affordability by Household Incomes - Certificates of Occupancy 10 Project Identifier
692-143-40 117 W AVENIDA
CADIZ 0
692-143-52 141 W AVENIDA
CADIZ B 0
692-153-30 118 W PASEO DE

CRISTOBAL
1 11/18/2022 1
692-153-39 1107 S OLA VISTA 1 5/2/2022 1
692-161-16 101 W PASEO DE

CRISTOBAL C
1 5/5/2022 1
692-171-05 125 W AVENIDA

GAVIOTA B
1 6/28/2022 1
692-191-25 142 W Avenida
Junipero B
1 4/4/2022 1
692-211-26 134 W AVENIDA

DE LOS LOBOS MARINOS B
0 692-241-06 215 AVENIDA
BARCELONA B 0
692-272-14 312 La Rambla 1 10/3/2022 1
692-291-01 1614 S OLA VISTA 0692-291-38 213 AVENIDA

PRINCESA
1 8/9/2022 1
692-291-39 211 AVENIDA

PRINCESA
1 8/9/2022 1
26 36
Table A2
Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units 11 12
Current APN Street Address Project Name+
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed Restricted
Above
ModerateIncome
Certificates of
Occupancy or other
forms of readiness
(see instructions) Date
Issued
# of Units
issued
Certificates of Occupancy or
other forms of
readiness
0 0 0 0 0 16 13 29
Affordability by Household Incomes - Certificates of Occupancy 10 Project Identifier
692-292-02 204 W Avenida De
Los Lobos Marinos B
1 10/20/2022
1 692-311-30 207 W AVENIDA
SAN ANTONIO 0
692-312-27 405 W AVENIDA

DE LOS LOBOS MARINOS B
0 692-361-10 126 AVENIDA DEL REPOSO 0692-361-16 135 AVENIDA FLORENCIA 0
692-363-39 208 Avenida De La
Grulla C
1 4/7/2022 1
692-381-34 104 AVENIDA
PELAYO 0
692-381-34 104 AVENIDA
PELAYO 0
692-381-35 106 AVENIDA
PELAYO C 0
692-381-35 106 AVENIDA
PELAYO D 0
692-382-09 135 AVENIDA
PELAYO 0
692-382-29 166 AVENIDA
ARAGON B 0
692-382-29 166 AVENIDA
ARAGON 0
27 37
Table A2
Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units 11 12
Current APN Street Address Project Name+
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed Restricted
Above
ModerateIncome
Certificates of
Occupancy or other
forms of readiness
(see instructions) Date
Issued
# of Units
issued
Certificates of Occupancy or
other forms of
readiness
0 0 0 0 0 16 13 29
Affordability by Household Incomes - Certificates of Occupancy 10 Project Identifier
692-395-47 148 W CANADA C 0
0000000000000000000000
28 38
Table A2
Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units Streamlining Infill
Housing without Financial
Assistance or Deed
Restrictions
Term of Affordability
or Deed Restriction
13 14 15 16 17 18 19 20 21 22 23 24
Current APN Street Address Project Name+
How many of the
units were
Extremely Low
Income?+
Was Project
APPROVED using
GC 65913.4(b)?
(SB 35 Streamlining)
Y/N
Infill Units?
Y/N+
Assistance Programs
for Each Development
(may select multiple -
see instructions)
Deed Restriction
Type
(may select multiple -
see instructions)
For units affordable without
financial assistance or deed
restrictions, explain how the
locality determined the units
were affordable
(see instructions)
Term of Affordability or
Deed Restriction (years)
(if affordable in perpetuity
enter 1000)+
Number of
Demolished/Dest
royed Units
Demolished or
Destroyed Units
Demolished/Des
troyed Units
Owner or
Renter
Total Density Bonus Applied to
the Project (Percentage
Increase in Total Allowable
Units or Total Maximum
Allowable Residential Gross
Floor Area)
Number of Other
Incentives,
Concessions, Waivers,
or Other Modifications
Given to the Project
(Excluding Parking
Waivers or Parking
Reductions)
List the incentives,
concessions,
waivers, and
modifications
(Excluding Parking
Waivers or Parking
Modifications)
Did the project receive a
reduction or waiver of
parking standards? (Y/N)
20 0 00
057-031-07 109 REVUELTA CT 0N Based on comp rents/HCD ADU calculator057-156-27 115 E MARIPOSA B 0N Based on comp rents/HCD ADU calculator
057-162-03 1501 AVENIDA DE
LA ESTRELLA C 0N
Based on comp rents/HCD ADU calculator
057-162-77 136 Calle Redondel
B 0N Based on comp rents/HCD ADU calculator
058-052-41 103 W ESCALONES N Based on comp rents/HCD ADU calculator 058-073-14 123 AVENIDA
SERRA C 0N Based on comp rents/HCD ADU calculator
058-091-14 100 AVENIDA ROSA N
058-091-15 142 AVENIDA
ROSA 0N
058-121-26 224 AVENIDA
MIRAMAR C N Based on comp rents/HCD ADU calculator
058-121-26 224 AVENIDA
MIRAMAR D N Based on comp rents/HCD ADU calculator
060-051-05 431 CALLE
GOMEZ 0N
060-063-13 505 ARDILLA LN 0N060-083-11 322 AVENIDA

SANTA MARGARITA B
0N
Based on comp rents/HCD ADU calculator
060-182-04 2400 S OLA VISTA
B 0N Based on comp rents/HCD ADU calculator
060-271-03 227 CALLE
CAMPESINO B N Based on comp rents/HCD ADU calculator
675-072-19 654 CAMINO DE LOSC Senior Housing an
20 N DB, Other 55 78.0% 2
Development Standards Modification
Yes
675-172-13 4 Via Cancha 0N675-173-40 27 Marbella 0N675-193-02 27000 PASEO

ACTIVO N
678-102-34 6700 CAMINO
CRESTA B 0N Based on comp rents/HCD ADU calculator
679-191-14 2245 CALLE
OPALO B 0N Based on comp rents/HCD ADU calculator
680-341-11 2907 CABALLISTA
DEL SUR 0N
Based on comp rents/HCD ADU calculator
680-442-10 1406 JINETTE B 0N Based on comp rents/HCD ADU calculator680-451-21 2904 Novilla 0N Based on comp rents/HCD ADU calculator680-461-02 3160 INCLINADO B 0N Based on comp rents/HCD ADU calculator680-461-04 3164 INCLINADO B 0N Based on comp rents/HCD ADU calculator680-581-23 2705 CEPA UNO 0N Based on comp rents/HCD ADU calculator690-095-07 401 CALLE FIESTA 0N Based on comp rents/HCD ADU calculator690-122-05 448 CALLE MIGUEL 0N Based on comp rents/HCD ADU calculator
690-201-28 203 E AVENIDA
RAMONA B 0N Based on comp rents/HCD ADU calculator
Housing with Financial Assistance
and/or Deed Restrictions Project Identifier Demolished/Destroyed Units Density Bonus 29 39
Table A2
Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units Streamlining Infill
Housing without Financial
Assistance or Deed
Restrictions
Term of Affordability
or Deed Restriction
13 14 15 16 17 18 19 20 21 22 23 24
Current APN Street Address Project Name+
How many of the
units were
Extremely Low
Income?+
Was Project
APPROVED using
GC 65913.4(b)?
(SB 35 Streamlining)
Y/N
Infill Units?
Y/N+
Assistance Programs
for Each Development
(may select multiple -
see instructions)
Deed Restriction
Type
(may select multiple -
see instructions)
For units affordable without
financial assistance or deed
restrictions, explain how the
locality determined the units
were affordable
(see instructions)
Term of Affordability or
Deed Restriction (years)
(if affordable in perpetuity
enter 1000)+
Number of
Demolished/Dest
royed Units
Demolished or
Destroyed Units
Demolished/Des
troyed Units
Owner or
Renter
Total Density Bonus Applied to
the Project (Percentage
Increase in Total Allowable
Units or Total Maximum
Allowable Residential Gross
Floor Area)
Number of Other
Incentives,
Concessions, Waivers,
or Other Modifications
Given to the Project
(Excluding Parking
Waivers or Parking
Reductions)
List the incentives,
concessions,
waivers, and
modifications
(Excluding Parking
Waivers or Parking
Modifications)
Did the project receive a
reduction or waiver of
parking standards? (Y/N)
20 0 00
Housing with Financial Assistance
and/or Deed Restrictions Project Identifier Demolished/Destroyed Units Density Bonus 690-412-53 116 E AVENIDA DE

LOS LOBOS MARINOS B
0N
Based on comp rents/HCD ADU calculator
690-423-18 114 Avenida San
Pablo 0N Based on comp rents/HCD ADU calculator
690-445-20 15 W AVENIDA
JUNIPERO B 0N Based on comp rents/HCD ADU calculator
691-083-09 3008 LA VENTANA 0N691-252-33 2803 Via Montecito 0N691-261-14 335 AVENIDA VAQUERO N Based on comp rents/HCD ADU calculator 691-425-03 204 VIA
SOCORRO 0N
691-425-04 206 VIA
SOCORRO 0N
691-425-05 208 VIA
SOCORRO 0N
691-425-06 210 VIA
SOCORRO 0N
692-054-13 329 AVENIDA
CABRILLO B 0N Based on comp rents/HCD ADU calculator
692-076-01 217 W MARQUITA
B 0N Based on comp rents/HCD ADU calculator
692-082-25 227 W CANADA N Based on comp rents/HCD ADU calculator 692-091-04 238 W MARIPOSA N Based on comp rents/HCD ADU calculator 692-143-40 117 W AVENIDA
CADIZ N Based on comp rents/HCD ADU calculator
692-143-52 141 W AVENIDA
CADIZ B 0N Based on comp rents/HCD ADU calculator
692-153-30 118 W PASEO DE
CRISTOBAL 0N Based on comp rents/HCD ADU calculator
692-153-39 1107 S OLA VISTA 0N692-161-16 101 W PASEO DE CRISTOBAL C 0N
Based on comp rents/HCD ADU calculator
692-171-05 125 W AVENIDA
GAVIOTA B 0N Based on comp rents/HCD ADU calculator
692-191-25 142 W Avenida
Junipero B 0N Based on comp rents/HCD ADU calculator
692-211-26 134 W AVENIDA

DE LOS LOBOS MARINOS B
0N
Based on comp rents/HCD ADU calculator
692-241-06 215 AVENIDA
BARCELONA B 0N Based on comp rents/HCD ADU calculator
692-272-14 312 La Rambla 0N692-291-01 1614 S OLA VISTA 0N Based on comp rents/HCD ADU calculator692-291-38 213 AVENIDA PRINCESA 0N
692-291-39 211 AVENIDA
PRINCESA 0N
692-292-02 204 W Avenida De
Los Lobos Marinos B
0N
Based on comp rents/HCD ADU calculator
692-311-30 207 W AVENIDA
SAN ANTONIO 0N
30 40
Table A2
Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units Streamlining Infill
Housing without Financial
Assistance or Deed
Restrictions
Term of Affordability
or Deed Restriction
13 14 15 16 17 18 19 20 21 22 23 24
Current APN Street Address Project Name+
How many of the
units were
Extremely Low
Income?+
Was Project
APPROVED using
GC 65913.4(b)?
(SB 35 Streamlining)
Y/N
Infill Units?
Y/N+
Assistance Programs
for Each Development
(may select multiple -
see instructions)
Deed Restriction
Type
(may select multiple -
see instructions)
For units affordable without
financial assistance or deed
restrictions, explain how the
locality determined the units
were affordable
(see instructions)
Term of Affordability or
Deed Restriction (years)
(if affordable in perpetuity
enter 1000)+
Number of
Demolished/Dest
royed Units
Demolished or
Destroyed Units
Demolished/Des
troyed Units
Owner or
Renter
Total Density Bonus Applied to
the Project (Percentage
Increase in Total Allowable
Units or Total Maximum
Allowable Residential Gross
Floor Area)
Number of Other
Incentives,
Concessions, Waivers,
or Other Modifications
Given to the Project
(Excluding Parking
Waivers or Parking
Reductions)
List the incentives,
concessions,
waivers, and
modifications
(Excluding Parking
Waivers or Parking
Modifications)
Did the project receive a
reduction or waiver of
parking standards? (Y/N)
20 0 00
Housing with Financial Assistance
and/or Deed Restrictions Project Identifier Demolished/Destroyed Units Density Bonus 692-312-27 405 W AVENIDA

DE LOS LOBOS MARINOS B
0N
Based on comp rents/HCD ADU calculator
692-361-10 126 AVENIDA DEL REPOSO N Based on comp rents/HCD ADU calculator 692-361-16 135 AVENIDA
FLORENCIA N Based on comp rents/HCD ADU calculator
692-363-39 208 Avenida De La
Grulla C 0N Based on comp rents/HCD ADU calculator
692-381-34 104 AVENIDA
PELAYO 0N
692-381-34 104 AVENIDA
PELAYO 0N Based on comp rents/HCD ADU calculator
692-381-35 106 AVENIDA
PELAYO C 0N Based on comp rents/HCD ADU calculator
692-381-35 106 AVENIDA
PELAYO D 0N Based on comp rents/HCD ADU calculator
692-382-09 135 AVENIDA
PELAYO 0N Based on comp rents/HCD ADU calculator
692-382-29 166 AVENIDA
ARAGON B 0N Based on comp rents/HCD ADU calculator
692-382-29 166 AVENIDA
ARAGON 0N
692-395-47 148 W CANADA C 0N Based on comp rents/HCD ADU calculator 31 41
Jurisdiction San Clemente ANNUAL ELEMENT PROGRESS REPORT Reporting Year 2022 (Jan. 1 - Dec. 31) Housing Element ImplementationPlanning Period 6th Cycle 10/15/2021 - 10/15/2029 1 Projection Period 34
RHNA Allocation by
Income Level
Projection Period -
06/30/2021-
10/14/2021
2021 2022 2023 2024 2025 2026 2027 2028 2029 Total Units to Date (all years) Total Remaining RHNA by Income Level Deed Restricted - - - - - - - - - - Non-Deed Restricted - - - - - - - - - - Deed Restricted - - - - - - - - - - Non-Deed Restricted - - - - - - - - - - Deed Restricted - - - - - - - - - - Non-Deed Restricted 3 2 28 - - - - - - - Above Moderate 348 5 151 7 - - - - - - - 163 185
982
8 153 35 - - - - - - - 196 786
5 67
Extremely low-Income
Need 2021 2022 2023 2024 2025 2026 2027 2028 2029 Total Units to Date Total Units Remaining 141 - - - - - - - - - - 141
164
Please note: For the last year of the 5th cycle, Table B will only include units that were permitted during the portion of the year that was in the 5th cycle. For the first year of the 6th cycle, Table B will only include units that were permitted since the start of the planning period. Projection Period units are in a separate column.

Total RHNA
Total Units
Income Level
Very LowLowExtremely Low-Income Units*
Note: units serving extremely low-income households are included in the very low-income RHNA progress and must be reported as very low-income units in section 7 of Table A2. They must also be reported in the extremely low-income category (section 13) in Table A2 to be counted as progress toward meeting the extremely low-income housing need determined pursuant to Government Code 65583(a)(1). *Extremely low-income houisng need determined pursuant to Government Code 65583(a)(1). Value in Section 5 is default value, assumed to be half of the very low-income RHNA. May be overwritten.

Progress toward extremely low-income housing need, as determined pursuant to Government Code 65583(a)(1).

Please note: The APR form can only display data for one planning period. To view progress for a different planning period, you may login to HCD's online APR system, or contact HCD staff at [email protected]. 155
-
This table is auto-populated once you enter your jurisdiction name and current year data. Past year information comes from previous APRs. 33 Moderate
282 164 188
Please contact HCD if your data is different than the material supplied here -
2 Table B
Regional Housing Needs Allocation Progress
Permitted Units Issued by Affordability
282
32 42
Jurisdiction San Clemente ANNUAL ELEMENT PROGRESS REPORT Reporting Year 2022 (Jan. 1 - Dec. 31) Housing Element ImplementationPlanning Period 6th Cycle 10/15/2021 - 10/15/2029 Date of Rezone Rezone Type
2 4 5 6 7 9 10 11
APN Street Address Project Name+
Local
Jurisdiction
Tracking ID+
Date of Rezone Very Low-Income Low-Income Moderate-Income Above Moderate- Income Rezone Type Parcel Size (Acres) General Plan Designation Zoning Minimum Density Allowed Maximum Density Allowed Realistic Capacity Vacant/Nonvacant Description of Existing Uses Note: "+" indicates an optional fieldCells in grey contain auto-calculation formulas Summary Row: Start Data Entry Below
3 8
Project Identifier RHNA Shortfall by Household Income Category Sites Description 1 Sites Identified or Rezoned to Accommodate Shortfall Housing Need and No Net-Loss Law Table C
33 43
Jurisdiction San Clemente
Reporting Year 2022 (Jan. 1 - Dec. 31)
1 23 4
Name of Program Objective Timeframe in H.E Status of Program Implementation Program 1: Provide Adequate Sites and Monitoring for No Net Loss 1) Within three years of the 6th Housing Element statutory deadline, rezone candidate sites with a housing overlay (H) of up to 71.6 acres but at least necessary to accommodate the City’s RHNA shortfall of 244 lower income units, 21 moderate income units, and 277 above moderate income units. The rezoning process will include community outreach, including community outreach for additional potential rezone sites if the candidate sites become unavailable. 2) Facilitate development on the rezoned sites by establishing appropriate objective development standards (including height limit, number of stories, lot coverage, and parking) that would allow development projects to achieve the allowable densities. Specifically, consistent with City practice, the City will allow development potential to be calculated for the entire site based on gross density, while allowing the residential units/mixed use components to be clustered on portions of the site.

For 1, within 3 years.For 2, ongoing.

Ongoing.The Housing Element was certified in October 2022. In November 2022, the City initiated a process that is ongoing to rezone canididate sites with a housing overlay and adopting objective design standards. The objective design standards will also be applied to by-right approval of housing projects and SB35 streamlined developments. This project is ongoing with completion planned for 2023.

Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.

Table D
Program Implementation Status pursuant to GC Section 65583

ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
34 44
1 23 4
Name of Program Objective Timeframe in H.E Status of Program Implementation Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.

Program 1: Provide Adequate Sites and Monitoring for No Net Loss 3) Monitor and update the sites inventory continuously to assess its adequacy for meeting the RHNA, particularly for sites capable of facilitating the development of lower income housing.4) Make the inventory of vacant and underutilized sites available to interested developers. Every other year, reach out to developers and property owners to facilitate projects with appropriate parcel sizes, including lot splits or lot consolidation to create appropriately sized parcels (e.g. 0.5 to 10 acres) and/or other incentives or mechanisms to facilitate affordability and meet RHNA requirements. See Programs 3 and 7 for additional housing development outreach. The sites inventory will be posted on the City’s website, the City’s housing sites GIS app, and updated annually.

Ongoing Ongoing.

Staff updates the sites inventory on an ongoing basis, posts the list on the City's website, and provides the site inventory to our list of interested affordable housing developers.

Program 1: Provide Adequate Sites and Monitoring for No Net Loss 5) Should properties identified in the residential sites inventory become unavailable during the planning period for housing for lower income households, resulting in a shortfall in sites for meeting the RHNA, within six months, the City will identify additional sites of appropriate size and density and rezone, if and as necessary per Government Code § 65863.

For 5, ongoing implementation. If there is a shortfall found, the City has six months to identify additional sites.

Ongoing.Sites in the inventory have not become unavailable during the planning period to result in a shorfall in available sites for meeting the RHNA for very-low and low income housing. Therefore, no sites are entered into APR Table C. There are remaining adequate sites in the site inventory of an appopriate size and density to meet RHNA for all income categories. 35 45
1 23 4
Name of Program Objective Timeframe in H.E Status of Program Implementation Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.

Program 2A, By-Right Approval for Projects with 20 Percent Affordable Units 1) For reuse sites, amend the Zoning Ordinance by the end of 2022 and apply a housing overlay to establish by-right approval process as required by AB 1397, which allows the City to require the architecture/design of all projects to meet objective design standards.2) Concurrently with the establishment of a housing overlay on candidate sites and within three years of the 6th Housing Element statutory deadline, establish a by-right approval process allowing the City to require the architecture/design of all projects to meet objective design standards.

For 1, by end of 2022. For 2, within 3 years.

Ongoing.The Housing Element was certified in October 2022. The City initiated a process that is ongoing to rezone canididate sites with a housing overlay and adopt objective design standards. The objective design standards will also be applied to by-right approval of housing projects. This project is ongoing with completion planned for 2023.

Program 2B, SB 35 Streamlining for Projects with Affordable Units 1) Within three years of Housing Element adoption, and no later than October 2024, develop procedures to address the streamlining requirements of SB 35 Within 3 years. Ongoing.

The Housing Element was certified in October 2022. In November 2022, the City initiated a process that is ongoing to initiate rezoning of candidate sites with a housing overlay and adopting objective design standards. The objective design standards will also be applied to by-right approval of housing projects and SB35 streamlined developments. This project is ongoing with completion planned for 2023.

Program 3, Lot Consolidation
1) Facilitate lot consolidation via the following: a) by the end of 2022, develop informational materials on the City’s new Lot Consolidation program and promote available incentives to developers, especially to property owners and developers of sites in the Residential Sites Inventory and Candidate Rezone Sites, and b) an ongoing basis, provide technical assistance regarding the lot consolidation process to interested parties.

For 1, end of 2022.For 2, ongoing.

Ongoing.The City's Zoning Ordinance is on the City website, including its Lot Consolidation program. The City will continue to explore and implement opportunities to promote the program incentives. Ideas for this will be explored in 2023. 36 46
1 23 4
Name of Program Objective Timeframe in H.E Status of Program Implementation Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.

Program 3, Lot Consolidation
2) By 2022, make the inventory of vacant and underutilized sites available to interested developers. The sites inventory will be posted on the City’s website, the City’s housing sites GIS app, and updated annually and assist in identifying sites with lot consolidation potential. (Table 4-4 identifies vacant and underutilized parcels in the City and Table 4-6 identifies candidate sites for rezoning.): a) Process lot consolidation applications concurrently with other applications for development, andb) By 2025, re-evaluate the trend of lot consolidation and make modifications as necessary to promote housing and mixed use development on small sites, if the City determines lot consolidation is relevant and appropriate.

For 2a, ongoing.For 2b, by 2025.

Ongoing.Staff updates the sites inventory on an ongoing basis, posts the list on the City's website, the City's GIS app, and provides the site inventory to our list of interested affordable housing developers. The City will continue to add data to the GIS app for lot consolidation potential, and vacant and underutiltiized sites. Updates are planned for 2023. The City has informed housing developers of the GIS app and website information.2a) The City will process applications expeditiously when recieved. To-date, no development applications have been submitted that use the lot consolidation program. The City will promote the program when communicating with developers.2b) The City will initiate this work program to meet the objective within the timeframe.

Program 4, Density Bonus Ordinance.
1) Update Density Bonus Ordinance by the end of 2022 to reflect recent changes to the State density bonus law.

By end of 2022 Ongoing.

The Housing Element was certified in October 2022. In December 2022, the City adopted Ordinance 1740 for an update to its Density Bonus Ordinance, provided in Appendix B. 37 47
1 23 4
Name of Program Objective Timeframe in H.E Status of Program Implementation Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.

Program 5, Affordable Housing Overlay
1) Continue to implement the requirements of the Affordable Housing Overlay Zone.2) Concurrently with the housing overlay in Program 1, and by-right approvals in Program 2A, modify the Affordable Housing Overlay Zone to improve the effectiveness of the Overlay Zone and make amendments as necessary. Specifically, evaluate the effectiveness and create one Housing Overlay (H) with objective design standards, minimum levels of affordable housing units, and byright approval if 20 percent of the units are set aside for lower income (very low and low) households (see Program 2A). As part of this review, amend the development standards for height limits, number of stories, lot coverage, and parking requirements to ensure that development projects have the ability to achieve the allowable densities. The City will invite and engage the community, including the development community, to provide feedback during this process.

For 1, ongoing.For 2, within 3 years.

Ongoing.1) The Affordable Housing Overlay was analyzed in the 2017 Housing Element Midterm Update. The overlay has been effective in developing affordable units. The City continues to apply the overlay and seek opportunities to enhance its effectiveness. In 2018, the City changed the Affordable Housing Overlay zoning standards to allow stand-alone residential units and affordable housing on any mixed-use zoned lots in the Housing Element site inventory. There were no proposed affordable housing projects in 2018 to 2022 that would take advantage of the inlieu fee. In November 2022, the City initiated a process that is ongoing to rezone rezone candidate sites with a housing overlay and adopt objective design standards. The project is ongoing with completion planned for 2023.In Progress.2) The Housing Element was certified in October 2022. In November 2022, the City initiated a process that is ongoing to rezone canididate sites with a housing overlay and adopting objective design standards. The objective design standards will also be applied to by-right approval of housing projects and SB35 streamlined developments. This project is ongoing with completion planned for 2023.

Program 5, Affordable Housing Overlay
3) Prioritize inclusionary in-lieu fees for lower income affordable housing projects proposed in the Affordable Housing Overlay / Housing Overlay (see also Program 7).

Ongoing Ongoing.

The City continues to implement the Inclusionary Housing Program. In 2017, the City conducted a public survey on how to prioritize the in-lieu fee. The City initiated an in-lieu fee ordinance in 2019. The City reviewed the in-lieu fee formula in 2021 and determined the current formula is appropriate. The City pursues opportunities to use the inlieu fees to support the development of affordable housing units. 38 48
1 23 4
Name of Program Objective Timeframe in H.E Status of Program Implementation Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.

Program 6, Inclusionary Housing Program
1) Continue implementation of the Inclusionary Housing Program.2) By 2025, the City will retain a consultant to evaluate the effectiveness of Inclusionary Housing Program in facilitating the development of all income levels, and conduct a feasibility study to evaluate increasing the inclusionary housing requirement from 4% very low to 15% (5% very low, 5% low, and 5% moderate). Updates to the Inclusionary Housing Program will reflect the new requirement with a corresponding updated in-lieu fee (paid if affordable units are not provided onsite) to reflect current land and construction costs, and other related updates.

For 1, ongoing.For 2, by 2025.

Ongoing.1) The City continues to implement the Inclusionary Housing Program. In 2017, the City conducted a public survey on how to prioritize the in-lieu fee. The City initiated an in-lieu fee ordinance in 2019. The City reviewed the in-lieu fee formula in 2021 and determined the current formula is appropriate. The City pursues opportunities to use the inlieu fees to support the development of affordable housing units.

In Progress.2) The City will include the feasibility study in its work program to meet this objective within the timeframe.

Program 7: Affordable Housing Development
1) Proactively encourage and facilitate the development of affordable housing by non-profit organizations for lower income households, particularly those with special needs including large households, seniors, extremely low-income (ELI) households, and households with persons who have disabilities or developmental disabilities with the goal of creating 446 affordable units for lower income households between 2021 and 2029 (282 extremely low and very low income and 164 low income units, see Program 1). Specifically, the City will:a) Provide letters of support to affordable housing developers’ applications to local, State, and Federal agencies for funding, provided the proposed projects are consistent with the goals and policies of the City’s General Plan.b) Evaluate, every other year, the City’s Zoning regulations for potential constraints to the development of housing for persons with special needs.

Ongoing. Ongoing.
1) Projects are reviewed according to density bonus regulations. The City continues to implement the Affordable Housing Overlay Zone and Inclusionary Housing Program. Staff consults the HCD website to identify funding sources for affordable housing and meet with housing organizations annually. In 2022, the City entitled one affordable housing project a density bonus to support the inclusion of 20 very-low income units.a) The City continues to provide letters of support to affordable housing developers' applications, and will develop marketing and economic development strategies to implement Centennial General Plan land use goals. Also, the City has assigned urban planners with specialized knowledge and experience in specific districts to serve as liasons that provide services and information, including news on programs for housing and social services. b) The City continues to monitor the Zoning Ordinance and process amendments as needed to ensure regulations are consistent with State law and remove barriers to affordable housing construction. 39 49
1 23 4
Name of Program Objective Timeframe in H.E Status of Program Implementation Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.

Program 7: Affordable Housing Development
2) Continue to provide density bonuses and other incentives to developers who provide affordable units. By the end of 2022, develop informational materials on the City’s website regarding the City’s Lot Consolidation incentives, density bonus, Affordable Housing Overlay, and Inclusionary Housing. Establish priority for assistance for workforce housing targeting those who work and/or live in San Clemente.3) Continue to implement the Affordable Housing Overlay Zone (new Housing Overlay) and Inclusionary Housing Program.4) Every other year, meet with non-profit developers and housing organizations to evaluate projects for acquisition and rehabilitation/new construction of new shelters and long-term affordable housing.

For 2-3, ongoing. For 4, every other year.

Ongoing.2) The City continues to explore funding opportunities and will explore development opportunities with developers and non-profits to build more affordable units or to help convert existing homes as affordable units. Staff continues to provide letters of support for affordable housing developers’ applications. The City plans to develop marketing and economic development strategies to implement the Centennial General Plan land use goals. Projects are reviewed according to density bonus regulations. The City continues to implement the Affordable Housing Overlay Zone and Inclusionary Housing Program. Staff consults the HCD website to identify funding sources for affordable housing and meet with housing organizations annually. In 2022, the City entitled one affordable housing project a density bonus to support the inclusion of 20 very-low income units.3) The City continues to implement the Inclusionary Housing Program. In 2017, the City conducted a public survey on how to prioritize the in-lieu fee. The City initiated an in-lieu fee ordinance in 2019. The City reviewed the in-lieu fee formula in 2021 and determined the current formula is appropriate. The City pursues opportunities to use the inlieu fees to support the development of affordable housing units. In November 2022, the City initiated a process that is ongoing to rezone rezone candidate sites with a housing overlay and adopt objective design standards. The project is ongoing with completion planned for 2023.4) The Housing Element was certified in October 2022. In November 2022, the City initiated a process that is ongoing to rezone canididate sites with a housing overlay and adopting objective design standards. This process includes outreach with affordable housing developers on opportunities to facilitate housing production. For shelters, the City completed a survey in 2021 and found that there was no interest from shelter providers in establishing one in San Clemente. The survey found that Shelter Operators would not allow homeless persons from other cities to utilize available beds. San Clemente is in the process of collaborating with neighboring cities to apply for State grants and other resources in order to address the needs of the unsheltered. The survey also found that there was a general lack of interest from the County and other private entities to develop a shelter in the ES Overlay. They concluded that the lack of interest was not a result of impediments that fall within the scope of factors outlined for the emergency shelter program. The City is exploring partnering with the Orange County Council of Government to reevaluate the City program and pursue changes that could facilitate a shelter.

Program 7: Affordable Housing Development
5) Annually, evaluate available housing funding programs administered by the State HCD and if appropriate, pursue funding for affordable housing (new construction, acquisition/rehabilitation, infrastructure improvements, and other housing assistance).

Ongoing. Ongoing.

The City continues to explore funding opportunities and will explore development opportunities with developers and non-profits to build more affordable units or to help convert existing homes as affordable units. Staff continues to provide letters of support for affordable housing developers’ applications. The City plans to develop marketing and economic development strategies to implement the Centennial General Plan land use goals. Staff consults the HCD website to identify funding sources for affordable housing and meet with housing organizations annually. 40 50
1 23 4
Name of Program Objective Timeframe in H.E Status of Program Implementation Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.

Program 8: Accessory Dwelling Units (ADUs)
1) Develop a monitoring program to ensure City is on track to meet the ADU construction goals:a) If by October 2025 the City is not on track in meeting its ADU goal of 120 units, review and revise policies and efforts to increase ADU construction as necessary.2) Facilitate ADU construction through:a) Developing a one-stop shop to assist homeowners to prioritize issues in building ADUs by 2022.b) At least semi-annually, promoting the use of preapproved site/floor plans for ADU created by the Orange County Council of Governments (OCCOG), such as through the City’s newsletter and other social media platforms.c) Pursuing funding at the State level to assist lower income homeowners in developing ADUs.

Ongoing. Completed:
1) The City has a permit tracking system to inventory ADUS so staff can monitor progress towards its construction goals. The City has historically permitted Accessory Dwellung Units (ADUs) in conformance with State law. Since the implementation of the 2017 State ADU Law changes up to October 15, 2021 (end of 5th Cycle), the City has issued permits for 83 ADUs. In December 2022, the City adopted an updated ordinance for ADUs according to State law effective on January 1, 2023. On March 6, 2019, the City adopted an updated ordinance for ADUs in accordiance with State law effective prior to January 1, 2020 and submitted the ordinance to the State as part of the 2018 APR. The City updated its ADU ordinance on March 6, 2019 and December 1, 2020 for consistency with State law. The 2020 ADU ordinance update was sent to with the 2020 APR. Staff continues to improve public information on ADU standards on the City website and handouts. This ordinance is included as Exhibit A.2) The City is working with OCCOG on a REAP funded initiative to develop pre-approved plans for ADUs among other resources to assist homeowners develop ADUs by simplifying the review process and reducing costs. The City will continue to explore State funding programs to subsidize ADU construction.

Program 9: Pursue Funding Sources and Programs
1) Continue to apply for and administer CDBG grants annually.2) Pursue funding from sources such as the Permanent Local Housing Allocation (PLHA), CalHome or CalHFA to assist in housing rehabilitation, homeownership, and ADU development.3) Provide letters of support to affordable housing developers’ applications to local, State, and Federal agencies for funding, provided the proposed projects are consistent with the goals and policies of the City’s General Plan.

Ongoing. Ongoing.
1-2) In 2022, the City administered $48,712 of CDBG grant funds to four organizations. The City will continue to apply for and administer CDBG grants. City will also look for new funding opportunities and partnerships. 3) The City continues to explore funding opportunities and will explore development opportunities with developers and non-profits to build more affordable units or to help convert existing homes as affordable units. Staff continues to provide letters of support for affordable housing developers’ applications. The City plans to develop marketing and economic development strategies to implement the Centennial General Plan land use goals. Staff consults the HCD website to identify funding sources for affordable housing and meet with housing organizations annually. 41 51
1 23 4
Name of Program Objective Timeframe in H.E Status of Program Implementation Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.

Program 10: Acquisition and Conversion of MarketRate Housing to Affordable Housing 1) At least every other year, discuss with non-profit organizations or affordable housing developers the opportunity to collaborate in purchasing a site to be used as transitional housing and/or long- term permanent housing with the goal of increasing the affordable housing inventory by 446 lower income units by 2029.2) On an ongoing basis, work with Code Enforcement to evaluate substandard properties as opportunities for rehabilitation as affordable housing units. Develop a list of potential properties and update annually. Offer the list to nonprofit housing developers.

For 1, every other year. For 2, ongoing.

Ongoing.1) In November 2022, the City initiated a process that is ongoing to rezone canididate sites with a housing overlay and adopting objective design standards. This process includes outreach with affordable housing developers on opportunities to facilitate housing production. The City continues to explore funding and development opportunities with developers and non-profits to build more affordable units or to help convert existing homes as affordable units. Staff continues to provide letters of support for affordable housing developers’ applications. The City plans to develop marketing and economic development strategies to implement the Centennial General Plan land use goals.2) In 2023, the City will colloborate with the Fair Housing Foundation and nonprofit housing developers to get input on the creation of a list to maintain and expand through the planning period.

Program 11: Sustainable Policies
1) Continue to implement the Sustainability Action Plan.2) Continue to promote resident participation in available PACE programs by providing links to these programs on City website.

Ongoing. Ongoing.

The City will provide links on its website in 2023 and continue to implement the Sustainablity Action Plan. As an implemention measure, the City requires housing development to comply with current Green Building Codes to ensure energy and water conservation and require new units to have solar-ready roofs.

Program 12: Affirmatively Furthering Fair Housing
1) Implement the City's actions for addressing fair housing issues and concerns identified in Table 5-2.

According to Housing Action Plan Table 5-2
Ongoing.The City contracts with Fair Housing Foundation (FHF) to provide fair housing services to City residents, including low-and-moderate income and special needs populations. Services include (1) Discrimination Complaint Intake and Investigation, (2) Outreach and Education, (3) Landlord/Tenant Counseling, and (4) Affirmatively Further Fair Housing Activites. In 2021/2022, the FHF conducted two Fair Housing Workshops, provided a presentation to Community Outreach Alliance. Also, FHF provided over 2,014 pieces of fair housing literature in English and Spanish and public service announcements were aired on the City's cable station.

Program 13: Social Services Grant Program
1) Continue to provide grant applications for housing funds annually.2) Provide assistance to approximately 2,000 persons with special needs, including homeless, seniors and disabled persons, on an annual basis through grant awards.

Ongoing. Ongoing.

The City has awarded Family Assistance Ministries (FAM), $15,508 in CDBG funds to support FAM's housing and supportive service for households at risk of homelessness and for those that are homeless. 42 52
1 23 4
Name of Program Objective Timeframe in H.E Status of Program Implementation Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.

Program 14: Zoning Ordinance Amendments
1) Complete the above necessary amendments to the Zoning Ordinance by the end of 2022, except where otherwise noted.2) Monitor the Zoning Ordinance for any potential constraints to the development of housing, including the City’s procedures for multi-family housing, and process.

For 1, by 2022. For 2, ongoing.

Completed.1) In December 2022, the City updated its Zoning Ordinance for compliance with State law. In November 2022, the City initiated a process that is ongoing to initiate rezoning of candidate sites with a housing overlay and adopting objective design standards. The objective design standards will also be applied to by-right approval of housing projects and SB35 streamlined developments. This project is ongoing with completion planned for 2023.2) The City continues to monitor the Zoning Ordinance and process amendments as needed to ensure regulations are consistent with State law and remove barriers to affordable housing construction.

Program 15: Monitoring of Emergency Shelter Overlay
1) Provide information to property owners and tenants in the Rancho San Clemente Business Park regarding the ES Overlay, including the purpose and intent behind the requirement to accommodate emergency shelter sites in the City.2) Evaluate the rideshare program annually and work with the vendor to improve the program or find alternatives to the program.

Ongoing. Ongoing.
1) The City provides information to the property owners and public on its website and in the process of doing asserssments of the ES overlay.2) The City had its soft launch of the ride share program on October 9, 2016, and official launch on April 3, 2018. The City commits to evaluate and address the effectiveness of the rideshare program regularly. The City sent a progress letter to HCD (dated 10/25/18) on the effectiveness of the rideshare program (SC Rides) - a partnership with Lyft and ButterFLi to offer transit. Although the pandemic decreased demand for public transportation services, San Clemente still continued to offer the service in 2023. In 2022, approximately 23,238 rides were provided as of December 31, 2022. Especially during the pandemic, the Public Works department staff focus has been doing outreach to portions of the population that may not be aware of the program and are underserved. Recent outreach has included working with the Orange County Social Services agency, as well as other nonprofits serving underserved populations, such as the YMCA chapter in Orange County. The City has also continued to work with OCTA to improve the program and increase access to the services. On top of establishing a toll free phone number (1-844-440-4672) for riders who need ADA accessible ride services, the City has also worked with the assisted ride vendor for the program (Butterfli) to establish an online booking interface, for users to book rides in addtion or instead of the toll free phone number. OCTA has continued to work with the City to suppoort and fund ADA ride services 100% for this program. The City has also expanded the eligible service area around each bus stop from a .1 mile radius to a .25 mile radius, to further extend accessibility for program users. (continued in row below) 43 53
1 23 4
Name of Program Objective Timeframe in H.E Status of Program Implementation Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.

Program 15: Monitoring of Emergency Shelter Overlay
Objective 2 (Continued) Ongoing. The subsidized cost for the SC Rides services remains constant, matching the original cost offered by the 191 and 193 OCTA bus routes. Through the OCTA grant, the City already covers a majority of the costs for program users. However, those that may not have the ability to pay the base program fare may be able to receive direct ride assistance from either the City through their Lyft account, or from a local nonprofit. In the past, local nonprofits have worked to offset the base fare costs, including historical partners such as Family Assistance Ministries (FAM), a homeless and housing nonprofit organization located within the ES Overlay; and by Mercy House, a homeless outreach provider. In these select cases, the City or the nonprofit could book rides for the rider directly, ensuring the pickup and destination location. The SC Rides contract with OCTA is set to expire on June 30, 2023. Staff is currently working with OCTA to continue funding for the program; if the City does not receive additional funds, the City is expected to budget the entire program for FY23/24.

Program 15: Monitoring of Emergency Shelter Overlay
3) In the event an emergency shelter is proposed, the City will work with the social service providers and shelter proponents to determine if the rideshare program serves as a feasible transportation option, or secure other alternatives while avoiding burden and costs on the applicants.4) Should an emergency shelter locate in the business park, the City would work with or partner with the emergency shelter operator to evaluate and implement options for providing transit service to and from the emergency shelter from existing transit routes.

Ongoing. Ongoing.
3-4) No shelter has been proposed. If a shelter is proposed, the City will implement this program as described. 44 54
1 23 4
Name of Program Objective Timeframe in H.E Status of Program Implementation Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.

Program 15: Monitoring of Emergency Shelter Overlay
5) At least every two years and as emergency shelters are proposed, assess and update the City’s unmet homeless shelter needs, upon review and analysis of reliable data and consideration of input from service providers and public input in a City Council meeting. The unmet homeless shelter needs will be updated when:a) Results of the Biannual Homeless Census (pointin-time) conducted by the Orange County Continuum of Care are available. Annually, the City will participant in the Homeless Census to obtain a specific homeless count for San Clemente, with specific counts for sheltered versus unsheltered homeless.b) Emergency shelters will be allowed without discretionary action until the unsheltered homeless need identified in this assessment is met and continue to be permitted through a discretionary review process.

For 5, every two years. Completed.

The Housing Element was certified in October 2022. In November 2022, the City initiated a process that is ongoing to rezone canididate sites with a housing overlay and adopting objective design standards. This process includes outreach with affordable housing developers on opportunities to facilitate housing production. The Orange County Continuum of Care conducted the most recent Point In Time Count and survey on January 22, 2019. The 2021 Point in Time Count for the Orange County Continuum of care was cancelled by HUD due to the Cornovarius Pandemic. The next Point In Time Count is scheduled to occur by the end of February 2022. In May of 2022, the County of Orange release the results of the 2022 Point In Time Count, which found that there are 81 unsheltered homeless and 50 sheltered in the City of San Clemente. The number of unsheltered individuals dropped by 15 compared to the 2019 point in time count. Since 2021, the City has allocated funds from the Community Development Block Grant and from PLHA funding sources to provide for two limited term full time positions for Community Outreach Workers to serve as liaisons with the local unsheltered population. The City completed a survey in 2021 and found that there was no interest from shelter providers in establishing one in San Clemente. The survey found that Shelter Operators would not allow homeless persons from other cities to utilize available beds. San Clemente is in the process of collaborating with neighboring cities to apply for State grants and other resources in order to address the needs of the unsheltered. The survey also found that there was a general lack of interest from the County and other private entities to develop a shelter in the ES Overlay. They concluded that the lack of interest was not a result of impediments that fall within the scope of factors outlined for the emergency shelter program. The City is exploring partnering with the Orange County Council of Government to reevaluate the City program and pursue changes that could facilitate a shelter.

Program 15: Monitoring of Emergency Shelter Overlay
c) Significant changes in the housing market conditions occur that would impact the City’s homeless shelter needs between the Homeless Censuses. The City will consult homeless service providers to establish the appropriate modifications to the established unmet homeless shelter needs.d) Significant changes to the City’s homeless strategy occur, such as funding available for homeless housing programs that would reduce the unmet shelter needs.

Ongoing. Same as row above.
45 55
1 23 4
Name of Program Objective Timeframe in H.E Status of Program Implementation Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.

Program 15: Monitoring of Emergency Shelter Overlay
6) In 2023, update the Emergency Shelter Overlay (ESO) development standards, including but not limited to bed-limit, caps, and maximum separation requirements to reflect and accommodate the most recent point-in-time count, and parking, to ensure development standards comply with State law and are not impediments to siting shelters. In 2024, evaluate additional areas in the City for inclusion in the ESO, including evaluation of access to transportation and services. As a result of the analysis, amend the ESO in 2025 to ensure the ESO consists of up to five to ten acres that is suitable for development with access to transportation and services.

For 6, in 2023. Completed.

In December 2022, the City adopted updates to the Zoning Ordinance for consistency with State law. In November 2022, the City initiated a process that is ongoing to rezone candidate sites with a housing overlay and adopt objective design standards. The objective design standards will also be applied to by-right approval of housing projects and SB35 streamlined developments. This project is ongoing with completion planned for 2023.

Program 16: Neighborhood Revitalization Program
1) Continue to implement the Neighborhood Revitalization Program and advertise at least annually the availability of this program to eligible residents and property owners by announcing in City magazines, placing flyers at all City buildings, posting on City website and social media. Code Enforcement also refers eligible property owners to the City’s various programs for assistance.2) Provide 20 loans through the Home Rehabilitation Program during the Housing Element planning period.3) Annually, explore and pursue if appropriate, housing funding programs administered by the State HCD to expand the City’s Neighborhood Revitalization Program.

Ongoing. Completed:

The City continues to provide CDBG grants for housing rehabilitation to improve neighborhoods. The program is advertised by brochures in City buildings, the City Magazine, Press Releases, and by the Code Enforcement Division. Since 2014, the City has provided 29 loans through the Home Rehabilitation Program. In 2022, the City provided supported the rehabilitiation of single-family housing units using CDBG funds. Both homeowners were extremely low-income (i.e., 30% of the county median income or less). 46 56
1 23 4
Name of Program Objective Timeframe in H.E Status of Program Implementation Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.

Program 17: Preserve AtRisk Housing 1) Monitor status of affordable units by maintaining contact with property owners and monitoring updates from websites such as the California Housing Preservation Commission.2) Ensure property owners adhere to new state noticing requirements prior to conversion – threeyear, one-year, and six-month notices are required.3) Solicit interest and participation of nonprofit housing developers to acquire and preserve the atrisk units as affordable units.4) Provide letters of support to affordable housing developers’ and non-profit applications to local, State, and Federal agencies for funding. See also Programs 7 and 9.

Ongoing. Ongoing.

The City maintains a contact list to monitor status of affordable units with property managers. Staff also evaluates units at risk of converting to market rate housing, and none of the affordable housing units are at risk within the 10 year planning period (2013-2023). The City continues to explore funding opportunities and will explore development opportunities with developers and non-profits to build more affordable units or to help convert existing homes as affordable units. Staff continues to provide letters of support for affordable housing developers’ applications. The City plans to develop marketing and economic development strategies to implement the Centennial General Plan land use goals.

Program 17: Preserve AtRisk Housing 5) Continue to work under contract with the Fair Housing Foundation (FHF) and/or other qualified fair housing service providers to provide fair housing services for all segments of the community, including tenant education and assistance. By the end of 2022 and annually thereafter, conduct outreach and education to landlords and tenants regarding the State’s new source of income protection (SB 329 and SB 229) that recognizes public assistance such as Housing Choice Vouchers (HCV) and Veterans Assistance Supportive Housing (VASH) as legitimate source of income for rent payments. See also Program 12.

Annually. Ongoing.

The City contracts with Fair Housing Foundation (FHF) to provide fair housing services to City residents, including low-and-moderate income and special needs populations. Services include (1) Discrimination Complaint Intake and Investigation, (2) Outreach and Education, (3) Landlord/Tenant Counseling, and (4) Affirmatively Further Fair Housing Activites. In 2021/2022, the FHF conducted two Fair Housing Workshops, provided a presentation to Community Outreach Alliance. Also, FHF provided over 2,014 pieces of fair housing literature in English and Spanish and public service announcements were aired on the City's cable station. 47 57
Jurisdiction San Clemente ANNUAL ELEMENT PROGRESS REPORT Reporting Period 2022 (Jan. 1 - Dec. 31) Housing Element ImplementationPlanning Period 6th Cycle 10/15/2021 - 10/15/2029 Description of Commercial
Development Bonus
Commercial Development Bonus
Date Approved
34 APN Street Address Project Name+ Local Jurisdiction Tracking ID+ Very Low Income Low Income Moderate Income Above Moderate Income Description of Commercial Development Bonus Commercial Development Bonus Date Approved 20 230
675-072-19
654 CAMINO DE LOS MARES
SC Senior Housing and Medical Office Development MP22-089 20 230 78% density bonus with
exceptions for parking, open space, and height
11/15/2022
Summary Row: Start Data Entry Below
Units Constructed as Part of Agreement
Commercial Development Bonus Approved pursuant to GC Section 65915.7 Table E
Note: "+" indicates an optional field
Project Identifier
1 2
Cells in grey contain auto-calculation formulas
(CCR Title 25 §6202)
Annual Progress Report 48 January 2020
58 Jurisdiction San Clemente ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Period 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulasPlanning Period 6th Cycle 10/15/2021 - 10/15/2029 The description should adequately document how each unit complies with subsection (c) of Government Code Section 65583.1+.

For detailed reporting requirements, see the chcklist here:

Extremely LowIncome+ Very Low-Income+ Low-Income+ TOTAL UNITS+ Extremely Low- Income+ Very Low- Income+ Low-Income+ TOTAL UNITS+ https://www.hcd.ca.gov/communityͲ development/docs/adequateͲsitesͲchecklist.pdf Rehabilitation ActivityPreservation of Units At-RiskAcquisition of UnitsMobilehome Park PreservationTotal Units by Income Table F
Please note this table is optional: The jurisdiction can use this table to report units that have been substantially rehabilitated, converted from non-affordable to affordable by acquisition, and preserved, including mobilehome park preservation, consistent with the standards set forth in Government Code section 65583.1, subdivision (c). Please note, motel, hotel, hostel rooms or other structures that are converted from non-residential to residential units pursuant to Government Code section 65583.1(c)(1)(D) are considered net-new housing units and must be reported in Table A2 and not reported in Table F.

Activity Type
Units that Do Not Count Towards RHNA+
Listed for Informational Purposes Only
Units that Count Towards RHNA +
Note - Because the statutory requirements severely limit what can be counted, please contact HCD to receive the password that will enable you to populate these fields.

Units Rehabilitated, Preserved and Acquired for Alternative Adequate Sites pursuant to Government Code section 65583.1(c) Annual Progress Report 49 January 2020
59 Jurisdiction San Clemente ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field
Reporting Period 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulasPlanning Period 6th Cycle 10/15/2021 - 10/15/2029 Notes
23 6
Prior APN+ Current APN Street Address Project Name+
Local
Jurisdiction
Tracking ID+
Unit Category
(2 to 4,5+)
Tenure
R=Renter
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
Low- Income Deed
Restricted
Low- Income
Non Deed
Restricted
Moderate- Income
Deed Restricted
ModerateIncome Non Deed
Restricted
Above
ModerateIncome
Total Moderate Income Units
Converted from Above
Moderate
Date Converted Notes
Summary Row: Start Data Entry Below
Table F2
Above Moderate Income Units Converted to Moderate Income Pursuant to Government Code section 65400.2 For up to 25 percent of a jurisdiction’s moderate-income regional housing need allocation, the planning agency may include the number of units in an existing multifamily building that were converted to deed-restricted rental housing for moderate-income households by the imposition of affordability covenants and restrictions for the unit. Before adding information to this table, please ensure housing developments meet the requirements described in Government Code 65400.2(b). 5 Project Identifier Unit Types
1 4
Affordability by Household Incomes After Conversion Units credited toward Above Moderate RHNA 50 60
Jurisdiction San Clemente
Reporting Period 2022 (Jan. 1 - Dec. 31)Planning Period 6th Cycle 10/15/2021 - 10/15/2029 ANNUAL ELEMENT PROGRESS REPORT Housing Element Implementation
23 4
APN Street Address Project Name+ Local Jurisdiction Tracking ID+ Realistic Capacity Identified in the Housing Element Entity to whom the site transferred Intended Use for Site 1 Summary Row: Start Data Entry Below
Note: "+" indicates an optional fieldCells in grey contain auto-calculation formulas Table G
Locally Owned Lands Included in the Housing Element Sites Inventory that have been sold, leased, or otherwise disposed of Project Identifier
NOTE: This table must only be filled out if the housing element sites inventory contains a site which is or was owned by the reporting jurisdiction, and has been sold, leased, or otherwise disposed of during the reporting year. 51 61
Jurisdiction San Clemente Note: "+" indicates an optional field Reporting Period 2022
(Jan. 1 - Dec.
31)
Cells in grey contain auto-calculation
formulas
Designation Size Notes
1 2 34 5 6 7
APN Street Address/Intersection Existing Use Number of Units Surplus Designation Parcel Size (in acres) Notes 678-163-01 Avenida La Pata/West Avenida Vista Hermosa Vacant Surplus Land 2.29690-372-03 754 Avenida Acapulco Vacant Surplus Land 0.17690-012-01 100 Avenida Presidio Vacant Surplus Land 2.89690-012-02 100 Avenida Presidio Vacant Surplus Land 1.82 NOTE: This table is meant to contain an invenory of
ALL surplus/excess lands the reporting jurisdiction
owns
Summary Row: Start Data Entry Below
Parcel Identifier

ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
Table H
Locally Owned Surplus Sites
For Orange County jurisdictions, please format the APN's as follows:999-999-99 52 62
Jurisdiction San Clemente ANNUAL ELEMENT PROGRESS REPORT Note: + indicates an
optional field
Reporting Period 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas
Planning Period 6th Cycle 10/15/2021 - 10/15/2029
Project Type Date
23 APN Street Address Project Name+ Local Jurisdiction Tracking ID+ Activity Date Very Low Income Low Income Moderate Income Above Moderate Income Table I
Units Constructed Pursuant to Government Code 65852.21 and Applications for Lot Splits Pursuant to Government Code 66411.7 (SB9) NOTE: SB 9 PROJECTS ONLY. This table only needs to be completed if there were lot splits applied for pursuant to Government Code 66411.7 OR units constructed pursuant to 65852.21. Units entitled/permitted/constructed must also be reported in Table A2. Applications for these units must be reported in Table A.

Summary Row: Start Data Entry Below
Project Identifier Unit Constructed
1 4
Annual Progress Report 53 January 2020
63 Jurisdiction San Clemente ANNUAL ELEMENT PROGRESS REPORT Reporting Period 2022 (Jan. 1 - Dec. 31) Housing Element ImplementationPlanning Period 6th Cycle 10/15/2021 - 10/15/2029 Project Type Date
23 APN Street Address Project Name+ Local Jurisdiction Tracking ID+ Unit Category (SH - Student Housing) Date Very Low- Income Deed Restricted Very Low- Income Non Deed Restricted Low- Income Deed Restricted Low- Income Non Deed Restricted Moderate- Income Deed Restricted Moderate- Income Non Deed Restricted Above Moderate- Income Summary Row: Start Data Entry Below
Note
Cells in g
Table J
Student housing development for lower income students for which was granted a density bonus pursuant to subparagraph (F) of paragraph (1) of subdivision (b) of Section 65915 Project Identifier Units (Beds/Student Capacity) Approved 1 4
NOTE: STUDENT HOUSING WITH DENSITY BONUS ONLY. This
table only needs to be completed if there were student housing projects WITH a density bonus approved pursuant to
Government Code65915(b)(1)(F)
Annual Progress Report 54 January 2020
64 Jurisdiction San Clemente
Reporting Year 2022 (Jan. 1 - Dec. 31)
Total Award Amount Total award amount is autoͲpopulated based on amounts entered in rows 15Ͳ26.

Task $ Amount Awarded $ Cumulative Reimbursement Requested Other Funding Notes Sites analysis, rezoning, and
environmental review $210,000.00 $146,989.40 Other
Currently inͲprogressto complete therezoning phase of theproject. Other fundingincludes $209,990 City general funds and$46,000 SB2 grant
funding.

Objective design standards
adoption $90,000.00 $0.00 None
Started project task inOctober of 2022. Arequest forreimbustrement hasnot been completed, since the project is inͲprogress.

ANNUAL ELEMENT PROGRESS REPORT
Local Early Action Planning (LEAP) Reporting
(CCR Title 25 §6202)
Please update the status of the proposed uses listed in the entity’s application for funding and the corresponding impact on housing within the region or jurisdiction, as applicable, categorized based on the eligible uses specified in Section 50515.02 or 50515.03, as applicable.
$ 300,000.00
Task Status
In Progress
Other (Please Specify in Notes)
55 65

APPENDIX B
Zoning Updates for State law and Housing Element
Implementation
This appendix includes updates to the Zoning Ordinance to meet State housing law and implement the Housing Action Plan
56 66
57 67
58 68
59 69
60 70
61 71
62 72
63 73
64 74
65 75
66 76
67 77
68 78
69 79
70 80
71 81
72 82
73 83
74 84
75 85
76 86
77 87
78 88
79 89
80 90
81 91
82 92
83 93
84 94
85 95
86 96
87 97
88 98
89 99
90 100
91 101
92 102
93 103
94 104
95 105
96 106
97 107

AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 3/21/2023 Agenda Item: 6J
Department: Public Works
Prepared By: Belgin Cuhadaroglu, Associate Civil Engineer Subject:

ADOPT RESOLUTION FOR THE GRANT FUNDING APPLICATION TO THE BUREAU OF RECLAMATION’S WATERSMART WATER RECYCLING AND DESALINATION PLANNING

PROGRAM
Fiscal Impact:

Receipt of this grant from the Bureau of Reclamation’s “WaterSMART Water Recycling and Desalination Planning Program” (the Program) will potentially reduce the preliminary design cost of the upcoming Recycled Water Expansion Project (the Project) by up to 50%. The estimated cost of the planning, preliminary design and environmental study is approximately $550,000 that is available within the Water Acreage Fee Reserve Fund for the Project.

Summary:

In order to be eligible to obtain grant funding, the City will need to submit an application for the WaterSMART Water Recycling and Desalination Planning Program for the Recycled Water Expansion Project, and submit the application to the Bureau of Reclamation.

Background:

Considering the impacts of climate change and the subsequent increase in severe, more frequent and longer duration droughts in California, it is crucial for water agencies to engage in comprehensive planning to develop and implement sustainable sources of water, such as, recycled water. The effects of drought have been demonstrated with the Governor of California declaring a statewide State of Emergency due to drought. The Governor’s State of Emergency Declaration includes a call for all state residents to cut down on water use by 15%. With climate change resulting in hotter, drier summers and reduced precipitation, severe and prolonged droughts are forecast to be a normal part of California’s future.

The City provides wastewater treatment for approximately 3.6 million gallons per day (MGD) at its Water Reclamation Plant (WRP). A portion of the wastewater is treated at a tertiary level where it is used for recycled water irrigation and WRP processes. In 2016, the City expanded the WRP’s recycled water capabilities and was able to increase its recycled water distribution from three landscaping customers to approximately 140 customers. On average, approximately 1,165 acre feet per year (AFY) of recycled water from the WRP is used by City customers for landscape irrigation which is approximately 15% of the City’s overall water demand. The City’s WRP is capable of producing up to 3,360 AFY allowing for additional expansion where feasible within the City of San Clemente’s service area. The Project will develop a new and reliable water supply that will offset the use of potable water for irrigation and other non-potable uses by supplying those demands with recycled water.

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Meeting Date: 3/21/2023 Agenda Item: 6J
Discussion:

The United States Department of the Interior offers financial assistance in the form of grant funding through its Bureau of Reclamation’s Program to assist public agencies with planning, environmental, and preliminary design efforts for this type of projects that will result in quantifiable potable water savings. The program provides two levels of funding and up to a maximum of $5,000,000 in grant funding for large-scale projects and $1,000,000 for other projects, but not to exceed 50% of the total project cost. If a grant award is made by the Bureau of Reclamation, the City commits to providing a minimum of 100% in matching funds ($275,000) for the Project, and up to the balance of funds needed to complete the design of the Project. The City will utilize the available funding from its Water Acreage Fee Reserve Fund, in the amount of $1,225,810, to provide the required 50% funding match for this phase. In the future, based on the updated Recycled Water Master Plan currently under development and preliminary design, City staff will request for additional funding based on the feasibility of projects identified in the master plan.

Staff has prepared the necessary submittal documents to satisfy the requirements and demonstrate eligibility for the Program. While the City has met all of these eligibility requirements, the Bureau of Reclamation requires approval of the attached resolution prior to any consideration of City applications.

City Council Options and Recommended Actions:

City Council Options
· Adopt Resolution 23-07 authorizing the submission of an application for grant funding from the Bureau of Reclamation for the Recycled Water Expansion Project. · Modify and adopt Resolution 23-07 authorizing the submission of an application for grant funding from the Bureau of Reclamation for the Recycled Water Expansion Project. · Continue the Item and direct staff to provide additional information. · Deny Resolution 23-07.

Staff Recommendation
STAFF RECOMMENDS the City Council adopt Resolution No. 23-07 entitled A RESOLUTION OF

THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, AUTHORIZING AN APPLICATION FOR GRANT FUNDING BY THE BUREAU OF RECLAMATION’S WATERSMART

WATER RECYCLING AND DESALINATION PLANNING PROGRAM FOR THE RECYCLED WATER EXPANSION PROJECT- PLANNING PHASE.

Attachment:

1. Resolution
Notification:

None.

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Attachment 1
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF SAN CLEMENTE, CALIFORNIA, AUTHORIZING AN

APPLICATION FOR GRANT FUNDING BY THE
BUREAU OF RECLAMATION’S WATERSMART

WATER RECYCLING AND DESALINATION

PLANNING PROGRAM FOR THE RECYCLED WATER

EXPANSION PROJECT- PLANNING PHASE
WHEREAS, the City of San Clemente (the City) is prioritizing projects that increase drought resilience as the increasing frequency of multiyear droughts presents a significant risk to California’s ability to ensure adequate water supplies for communities, agriculture, and fish and wildlife; and
WHEREAS, Governor Newsom issued a Proclamation of State of Emergency on October 19, 2021 in response to the State of California experiencing drought conditions; and WHEREAS, The Water Boards recognize the importance of recycled water as a critical water supply for California on August 5, 2022; and WHEREAS, the Recycled Water Expansion Project (the Project) will develop a new and reliable water supply that will offset the use of potable water for irrigation and other non-potable uses by supplying those demands with recycled water; and WHEREAS, the United States Department of the Interior offers financial assistance in the form of grant funding through its Bureau of Reclamation’s WaterSMART (Sustain and Manage America’s Resources for Tomorrow) Water Recycling and Desalination Planning Program for this type of project. The program provides two levels of funding and up to a maximum of $5,000,000 in grant funding for large-scale projects and $1,000,000 for other projects, but not to exceed 50% of the total project cost; and WHEREAS, the City is requesting funding the planning phase of the Project including the development of preliminary design. Planning and design efforts will not begin until a notice of award from the Bureau of Reclamation is received; and WHEREAS, the Bureau of Reclamation requires an Official Resolution to commit the City to the financial and legal obligations associated with the receipt of a financial assistance award under this program;

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN
CLEMENTE HEREBY RESOLVES AS FOLLOWS:

SECTION 1. The City Council approves the filing of a grant application for funding 3 Resolution No. Page 2
for the Project, under and pursuant to the terms and provisions of the Bureau of Reclamation’s WaterSMART Water Recycling and Desalination Planning Program.

SECTION 2. The City Manager or his/her designee is hereby authorized and directed to sign and file, for and on behalf of the City of San Clemente, a grant application from the Bureau of Reclamation’s WaterSMART Water Recycling and Desalination Planning Program for the Project.

SECTION 3. The City Manager, or his/her designee, is designated to provide the assurances, certifications, and commitments required for the grant application, including executing a financial assistance or similar agreement with the Bureau of Reclamation within established deadlines and any amendments or changes thereto.

SECTION 4. The City Manager, or his/her designee, is designated to represent the City of San Clemente (the City) in carrying out the City’s responsibilities under the grant agreement, including certifying disbursement requests on behalf of the City and compliance with applicable state and federal laws.

SECTION 5. If a grant award is made by the Bureau of Reclamation, the City commits to providing a minimum of 100% in matching funds ($275,000) for the Project, and up to the balance of funds needed to complete the design of the Project.

SECTION 6. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. 4 Resolution No. Page 3
PASSED AND ADOPTED this _____ day of March, 2023.
_______________________
Mayor of the City of
San Clemente, California
ATTEST:
__________________________
CITY CLERK of the City of
San Clemente, California
5 Resolution No. Page 4

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. _________ was adopted at a regular meeting of the City Council of the City of San Clemente held on _______ day of March 2023, by the following vote:

AYES:

NOES:

ABSENT:
_______________________
CITY CLERK of the City of
San Clemente, California
Approved as to form:
_________________________
City Attorney
6 AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 3/21/2023 Agenda Item: 6K
Department: Public Works
Prepared By Belgin Cuhadaroglu, Associate Civil Engineer Subject:

APPROVAL OF FIRST AMENDMENT TO THE PROFESSIONAL CONSULTANT SERVICES AGREEMENT WITH ENGINEERING SOLUTIONS SERVICES, FOR “ON-CALL GRANT FUNDING ASSISTANCE” CONSULTING SERVICES
Fiscal Impact:

When work is authorized under this agreement, it will be funded from the approved Capital Improvement Program (CIP) projects’ budgets.

Summary:

The City’s Capital Improvement Program includes a broad range of municipal utilities projects that may qualify for the State and Federal Funding Programs offered to public agencies in addressing drought impacts through implementation of projects. The City desires to engage a consultant to render professional “Grant Funding Assistance” consulting services for the recycled water and other projects, as needed.

Background:

The City has several CIP recycled water projects and needs consultant’s expertise to conduct research and secure grants from funding agencies for these projects. On August 2, 2022 staff requested Statement of Qualifications (SOQ) and proposals for grant funding assistance from three firms (i.e. Mike Whipple Development & Financial Advisory, Soto Resources, and Engineering Solutions Services) that have experience with assisting local agencies in this area. Only Engineering Solutions Services (ESS) provided a SOQ and proposal. Per the City Manager’s approval, the City entered into a Professional Consultant Services Agreement (Agreement) with Engineering Solutions Services on August 24, 2022 (Attachment 1) in the amount of $48,000 to provide the above services.

With the services provided by ESS, grant funding applications have been submitted to the State Water Resources Control Board Water Recycling Funding Program (WRFP), Integrated Regional Water Management Grant Program (IRWM), DWR Urban Community Drought Relief Program Application and, Bureau of Reclamation (BOR) Water Recycling and Desalination Planning Grant.

Currently, the City is in the process of submitting an application to the State Water Resources Control Board (SWRCB) to secure a grant for the Water Quality Improvement Project (i.e. Microfiltration and Reverse Osmosis facility) and also planning to submit a loan application to the Water Infrastructure Finance and Innovation Act (WIFIA) program which could provide the required matching funds, which is one of the grant’s requirements. The total amount of these grants and loans could potentially be approximately $13 million.

Staff recommends that the Agreement be amended to increase the contract amount by $50,000 so CITY OF SAN CLEMENTE Page 1 of 2 Printed on 3/16/2023
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Meeting Date: 3/21/2023 Agenda Item: 6K
Staff recommends that the Agreement be amended to increase the contract amount by $50,000 so that ESS can continue its services to provide professional fund strategy development, grant writing, grant management and fund compliance consulting services to bring in the maximum available grant funding possible for the City.

City Council Options Recommended Actions:

City Council Options
· Approve and authorize the Public Works Director to execute Amendment 1 to the Professional Services Agreement between the City of San Clemente and Engineering Solutions to provide grant funding assistance consulting services.
· Modify and authorize the Public Works Director to execute Amendment 1 to the Professional Services Agreement between the City of San Clemente and Engineering Solutions to provide grant funding assistance consulting services.
· Continue the Item and direct staff to provide additional information. · Deny Amendment 1 to the Professional Services Agreement between the City of San Clemente and Engineering Solutions to provide grant funding assistance consulting services.

Staff Recommendation
Approve, and authorize the Public Works Director to execute, Amendment No. 1 to the Professional Services Agreement between the City of San Clemente and Engineering Solutions Services to provide On-Call “Grant Funding Assistance” consulting Services. This amendment increases the contract amount from $48,000 to $98,000, an increase of $50,000.

Attachment:

1. Professional Consultant Services Agreements with ESS

2. First Amendment to the Professional Consultant Services Agreements with ESS Notification:

None.

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CITY OF SAN CLEMENTE

PROFESSIONAL CONSULTANT SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into this� day of /nnarf, 20-Z-2 by and between the City of San Clemente, a municipal corporation, organized �laws of the State of California, with its principal place of business at 910 Calle Negocio , San Clemente, California, 92673 ("City") and Engineering Solutions Services (ESS), a Business Enterprise, with its principal place of business at 23232 Peralta Drive, Laguna Hills, CA 92653 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. RECITALS.

2.1 Consultant.

Consultant desires to perform and assume responsibility for the provIsIon of certain professional On-Call Grant Funding Assistance consulting services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing professional Fund Strategy Development, Grant Writing, Grant Management and Fund Compliance consulting services to public clients, is licensed in the State of California, if applicable, and is familiar with the plans of City.

2.2 Project.

City desires to engage Consultant to render such professional Grant Funding Assistance consulting services for the Recycled Water and Other Projects for City of San Clemente Utilities ("Project") as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional Labor Compliance and Monitoring consulting services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

3.1.2 Term. The term of this Agreement shall be from 8/29/2022 to 8/29/2025, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than three (3) years. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.
1 55452.01100\31193624. 5
Attachment 1
3 2
55452.01100\31193624.5

3.2 Responsibilities of Consultant.

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

Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, nor any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.

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

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

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

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

3.2.6 City's Representative. The City hereby designates Amir K. Ilkhanipour, Principal Civil Engineer, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Work or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the 4 3
55452.01100\31193624.5
Scope of Work or change the Consultant's total compensation subject to the provisions contained in Section 3.3 of this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee.

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

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

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

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

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

3.2.11 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions, where applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving 5 4
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equipment and procedures; (B) instructions in accident prevention for all employees and subconsultants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.

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

3.3 Fees and Payments.

3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "D" attached hereto and incorporated herein by reference. The total compensation shall not exceed forty eight thousand ($48,000.00) without written approval of the City Council or City Manager as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

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

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

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

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

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

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

3.3.6 Labor Code Requirements.

3.3.6.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public 6 5
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works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

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

3.4 Accounting Records.

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

3.5 General Provisions.

3.5.1 Termination of Agreement.

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

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

3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 7 6
55452.01100\31193624.5

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

Consultant: Engineering Solutions Services
23232 Peralta Drive, Suite112
Laguna Hills, CA 92653
ATTN: Sudi Shoja, PE, Principal
City: City of San Clemente
910 Calle Negocio
San Clemente, CA 92673
ATTN: Kiel Koger, PW Director / City Engineer
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.5.3 Ownership of Materials and Confidentiality.

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

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

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

3.5.3.3 Confidential Information. The City shall refrain from releasing Consultant’s proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public 8 7
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Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information.

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

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

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

3.5.6 Indemnification.

3.5.6.1 To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant's Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses. Consultant’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.

3.5.6.2 If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.

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

3.5.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Orange County.
9 8
55452.01100\31193624.5

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

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

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

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

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

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

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

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

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

3.5.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
10 9
55452.01100\31193624.5

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

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

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

3.5.22 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

3.6 Subcontracting.

3.6.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
11 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed on the respective dates set forth opposite of their signatures. �qi s /flrbif
Mvrtt·,, it�
of the City of
San Clemente, California
APPROVED AS TO FORM:

BE ;i: ST & KRIEGER

APPROVED AS TO AVAILABILITY
OF FUNDING:

Finance Authorization
55452.01100\31193624.5
10 Its
Dated
Citl1
: ��� ' 20 --2-'-
Engineering Solutions Services
("CONSUL TAfJT")
By: Sudi Shoja, PE A ...J h-1� ,...--i
Its: Principal
Dated: August 23 ,2on._
12 11
55452.01100\31193624.5
EXHIBIT "A"

SCOPE OF SERVICES
13 i
The City of San Clemente
Statement of Qualifications for the City of San Clemente Recycled Water Projects Grant Funding Assistance
August 15, 2022
Submitted By:

Engineering Solutions Services
23232 Peralta Drive, Suite112
Laguna Hills, CA 92653
(949) 797-6055
14 Statement of Qualifications for the City of San Clemente Recycled Water Projects Grant Funding Assistance
ii

COVER LETTER
Amir Ilkhanipour August 15, 2022
Senior Civil Engineer
The City of San Clemente
910 Calle Negocio
San Clemente, CA 92673
Re: Request for Statement of Qualifications (SOQ) for the City’s Recycled Water Projects Grant Funding Assistance
Dear Mr. Ilkhanipour,
Engineering Solutions Services (ESS) welcomes the opportunity to submit this SOQ to provide on-call grant research, writing, management, and compliance services for the City of San Clemente (the City).

Our goal is to bring in the maximum available grant funding for the City. Having secured more than $530 million in the past ten years in a variety of projects, we bring an unmatched level of experience to identify and assist the City with developing a strategic plan and prepare winning applications to ensure an expedited and successful funding award.

What sets ESS apart is that we are not just a funding company but former municipal managers with technical and funding expertise that has earned deep-rooted relationships with funding agencies. As such, we are aware of upcoming funding opportunities and have been achieving the highest awards of projects by preparing credible reports and strategizing timely submittal of applications on behalf of our clients. In addition, ESS team is comprised of a diverse collection of technical experts in water utility, Transportation, Federal Emergency Management Agency (FEMA), Climate Change, sustainability, and alternative energy solutions.

We are aware of the City’s three priority recycled water projects and have reviewed the City’s Capital Improvement Projects and as it is demonstrated in our SOQ, we have a proven track record in successful award of grants for the types of projects the City has listed.

We will use our expertise to conduct a needs assessment and leverage our relationships with the funding agencies to identify grants, and work with City staff to secure those grants. We are also proficient in grant management and meeting compliance requirements of Federal and State funding. Effective, full-circle strategies like these are key to obtaining the most possible grant award funding for the City’s projects.

I will serve as the program manager for this contract, and as the Principal of ESS (S-Corporation), I am fully authorized to legally bind ESS in agreements with the City of Pico Rivera. I can be reached at (949) 637- 1405 or via email at [email protected]. My project team and I look forward to working with you and all the City staff to develop a work plan that identifies grants that meet the short and long-term needs of the City and answering any questions you may have about our proposal.

Sincerely,
Sudi Shoja, PE
Principal
15 Statement of Qualifications for the City of San Clemente Recycled Water Projects Grant Funding Assistance
iii
Table of Contents
COVER LETTER .............................................................................................................................................. ii FIRM BACKGROUND.....................................................................................................................................1 RANGE OF SERVICES AND RECENT SUCCESSES............................................................................................5 SCOPE OF WORK...........................................................................................................................................6 QUALIFICATIONS OF KEY PERSONNEL .......................................................................................................18 RELEVANT PROJECT EXPERIENCE...............................................................................................................35 REFERENCES................................................................................................................................................38 FEE PROPOSAL............................................................................................................................................39 16 1

FIRM BACKGROUND
Our Core Business is Funding
Engineering Solutions Services (ESS) was founded by Sudi Shoja, PE, a former City Engineer who has more than 29 years of experience in managing CIP and Water and Sewer programs of over $100 million. She founded ESS in 2012 with the goal of assisting local entities in achieving their goals in funding and compliance, program management, quality assurance/quality control, and project delivery. She leverages her successful experience with transforming the agencies where she worked from losing funding to securing the maximum grant funding possible, meeting the various funding agency requirements, and serving as examples for successful audit processes. As a result, she has earned a reputation that gained us our impressive repeat client list in a short timeframe. Included below are a few examples:
• Qualified our grant to receive over $30 million for recycled water projects
• ESS applications received over 30% of the awarded funds from Bureau of Reclamation for its clients in March 2022
• ESS applications received 20% of the awarded funds from Department of Water Resources for its clients in December 2021
• ESS submitted application received the highest ranking in the recent Santa Ana Watershed Project Authority (SAWPA) grant solicitation. • Received approval from WIFIA for over $50 million for two stormwater projects
• The SRF application package for $103 million to SWRCB was approved in record time and with no comments
• Successfully awarded $39.2 Million in greenhouse gas (GHG) reduction funding
• Unmatched experience in submittal of successful application for a variety of projects to Bureau of Reclamation (BOR)
• Identified more than $20 million in water quality grants for two agencies
• Developed a funding plan for the City of Santa Ana that identified more than $25 million in grant funding in water, recycled water, and sewer projects
• Prepared successful cogeneration project application for $8 million in funding
• California Office of Emergency Services (CalOES) has recommended multiple grant applications prepared for seismic retrofit, climate change Our Clients
Served as prime or subconsultant
South Coast Water District
Long Beach Water District
City of Santa Ana
City of Laguna Beach
City of Newport Beach
City of Redondo Beach
City of Lake Forest
City of Laguna Woods
City of Villa Park
City of Laguna Niguel
County of Orange
City of Irvine
City of Palm Springs
SANDAG
City of Oceanside
City of Carlsbad
City of Encinitas
City of San Marcos
Port of Long Beach
MSWD
CVWD
SOCWA
San Bernardino Municipal Water
Dept
Desert Water Agency
Chino Basin WCD
Humboldt Bay County WD
Los Angeles Metro
City of Tustin
CA Earthquake Authority
City of Hemet
City of Perris
City of Banning
City of Richmond
17 Statement of Qualifications for the City of San Clemente Recycled Water Projects Grant Funding Assistance
2 and sea level rise, fire, and flood control to U.S. Federal Emergency Management Agency (FEMA) for funding.
• Restructured a grant application for energy efficiency that resulted in more than $5.1 million of grant funding & $32 million in SRF funding for the City of Palm Springs • Created a funding strategy for the City of Hemet that resulted in $6 million in savings and more than $15 million in funding
• Successfully awarded Proposition 84 grants in two cycles • Successful management of various federal, state, and local grants for projects up to $280 Million through 11 different funding sources
• ESS arranged for a funding fair attended by SWRCB, FEMA & County representatives ESS is comprised of former agency personnel who are thoroughly familiar with the intricate details of various funding requirements and excel at strategic planning for clients to maximize the potential for securing grants, successful management for meeting the requirements, obtaining proper authorization and reimbursements and positive audit process of the projects. ESS is certified as a Disadvantaged Business Enterprise (DBE) and Small Business Enterprise (SBE) with 12 employees at its office in Laguna Hills.

Engineering Solution Services fully understands the inner workings of the regional and municipal government process. Comprised of former government engineering and traffic managers, we have been confronted with many of the same design, budget, schedule and project-delivery challenges that face our client governments.

This understanding allows our people to think like public agencies and address the challenges they are facing with proactive, well-planned, cost-efficient, and innovative solutions tailored to your needs. We approach every project strategically and scale our resources to fit the agency and scope of work.

ESS specializes in various funding resources, such as: Integrated Regional Water Management (IRWM), Santa Ana Watershed Project Authority (SAWPA), Groundwater Grant Program (GWGP), Department of Water Resources Water Desalination Grant Program, CA Department of Water Resources Control Board for Green Project Reserve (GPR) and State Revolving Funds (SRF), Infrastructure Finance & Innovation Act (WIFIA), Water Infrastructure Improvements for the Nation Act (WIIN), Environmental Protection Agency (EPA), US Bureau of Reclamation (BOR) WaterSMART, Title XVI, Proposition 1B, Water Department of Water Resources (DWR), Proposition 68, Proposition 84, FEMA related grants, Air Quality Management District (AQMD), California Air Resources Board (CARB), Community Development Block Grant (CDBG), Commerce-Economic Development Administration, funding for brownfields and remedial services, environmental Bicycle Transportation Account (BTA), Safe Route to Schools, High Priority Projects (HPP), local tax measures, TIGER Grants, and numerous other grants Our services include: Fund Strategy Development, Grant Writing, Grant Management & Fund Compliance
We have secured over
$530 million for various
agencies in the past ten
years.
18 Statement of Qualifications for the City of San Clemente Recycled Water Projects Grant Funding Assistance
3 We are committed to being accountable and sharing ownership of the product and service. We believe that successful projects are a result of a well-managed and motivated team. Our team members possess a proven ability to establish and implement best practices, maintain continuity and flexibility, and deliver timely responses. We offer accessibility to a network of experts to address unique needs.

We believe in doing the job right the first time. Our commitment to providing excellent customer service has gained us repeated clients and contracts. We understand the challenges and requirements of municipal governments since many of our staff have held senior and executive management positions with California cities, including Public Works Directors, City Engineers, Capital Project Managers, and Construction Managers. This background and experience are important because document preparation will require a high level of interaction with the state project managers.

ESS is the right team to provide the consulting services for identifying and securing grants, finalizing agreements and monitoring funding compliance.

We work as your partner, incorporating grant funding conversations in the process of each project as early as possible in order to maximize the potential for planning grant funding as well as implementation grand funding. Proprietary tools, such as our Work Plan Structure (WPS), in conjunction with our team’s extensive experience and relationships with funding agencies, make this process easy.

We strive to exceed
expectations, not just
meet them
19 Statement of Qualifications for the City of San Clemente Recycled Water Projects Grant Funding Assistance
4 Agency Projects Funding Sources Value(millions)
City of Belvedere Sea Level Rise, Erosion Control Dept of Parks, FEMA/BRIC $ 26.00 City of Carlsbad Parks, SCADA, Street Improv, CPF, ATP, HSIP, SWRCB $ 14.30 Central Basin Municipal Water District Multiple Recycled Water Projects various funds $ 19.90 Chino Basin Muni Conservation District Channel Diversion BOR, MWD $ 1.00 City of Colton Reservoir FEMA/CalOES $ 6.00
City of Commerce Traffic Signal Coordination HSIP $ 1.00 Coachella Valley Water District AMI, Stormwater WIFIA, FEMA, BOR $ 58.50 City of Downey Water Quality SWRCB $ 8.00
Desert Water Agency Water/Energy Efficiency BOR $ 0.50
City of Fort Bragg Water Supply Pipeline & Reservoir DWR/SWRCB $ 19.50 City of Hemet Multiple Projects Flood, LPP, HBP, Prop 68 $ 28.00 City of Indian Wells Stormwater DWR $ 0.60
Ctiy of Irvine Multiple Projects ATP, HSIP $ 2.00
City of Long Beach Complete Street Project LPP $ 2.88
Long Beach Water Department Parks, AMI, Wells, RW BOR, SWRCB, $ 12.00 Mission Springs Water District Water/Energy Efficiency BOR $ 0.30 City of Newport Beach Emergency Management FEMA/Cal EMA $ 9.00 Olivenhain Water District AMI BOR $ 0.50
Orachard Dale Water District Seismic Retrofit FEMA/CalOES $ 4.00 City of Palm Springs WWTP, Cogeneration Project SWRCB SRF/GPR $ 37.00 City of Petaluma AMI, RW DWR $ 11.65
City of Redwood City RW & AMI SWRCB $ 7.00
San Bernardino Associated Government Multiple Projects/GHG Reduction TIRCP/DOT $ 39.20 San Bernardino Municipal
Water Department
Recycled Water Expansion
Water & Sewer

FEMA, SWRCB

BOR, DWR
$ 21.00
City of Sacramento Parks, Water & Sewer, Storm water Parks, BOR, SWRCB $ 13.10 City of Santa Ana RW, Energy, Water, Sewer Various $ 8.62 Santa Clarita Valley Water Agency AMI, Wells, PFAS BOR, Title XVI $ 4.00 South Coast Water District Water & Sewer SRF, BOR $ 103.00 Turlock Irrigation District Parks, water/energey, Dams Dept of Parks, FEMA, BOR $ 3.70 City of Tustin Multiple Projects ATP, HSIP $ 3.00
Valley Sanitary District Recycled Water Expansion Prop13 & 68 $ 0.15 City of Vista Parks, Storm Water, Bike
Trails,Sewer, Streets
Prop 84, EPA, HSIP,
SWRCB
$ 64.00
City of Wildomar Storm Water, Bike Trails, Streets FEMA/CalOES, ATP, HSIP $ 2.70 $ 532.10
20 Statement of Qualifications for the City of San Clemente Recycled Water Projects Grant Funding Assistance
5 RECENT SUCCESSES

ESS IS A ONE-STOP-SHOP FOR GRANT FUNDS
ESS advocates for its clients with various federal and state funding agencies and has been very successful in gaining their trust. ESS team members also work very closely with local representatives and Client lobbying firms to obtain discretionary funding allocations and support for our projects. In addition, ESS team members follow funding news and guideline development and prepare comments to benefit our clients.

We have established relationships with the following funding agencies:
• US Bureau of Reclamation
• FEMA/CA Office of Emergency Services
(CalOES) Pre-Disaster Mitigation and
Hazard Mitigation Planning
• California Department of Water Resources
• CA Public Utilities Commission
• Metropolitan Water District of Southern CA
• EPA
• Ocean Protection Council (Prop 68)
• State Water Resources Control Board
• US Energy Commission
• California Department of Parks and Recreation
• US Department of Commerce –
Economic Development Administration
• AQMD
• Various Conservancies and non-profit advocacy
organizations
In addition, ESS works directly with local representative offices to identify potential projects for funding and prepare the application packages. We believe several City projects will be ideal candidates for this funding. ESS can work directly with the representative’s office to learn more about the local preference and tailor an application for funding. We stay updated with new developments in the federal and local funding arena and will be able to offer grant sources matching City projects. As shown in our Project Understanding, ESS provides a broad list of in-house services.

RECENT ACHIEVEMENTS
ESS has received the below funding awards from the following sources in 2022:
• Qualifying our client to receive over $30 million for recycled water projects • Funding approval for over $31.8 million in CWSRF and DWSRF from SWRCB • Over $22 million from DWR Urban MultiBenefit Drought Resiliency Program • Over $9 million from Community Project Funds for a new Parks Project • Over $7.8 from Bureau of Reclamation for PFAS treatment, Drought Resiliency and Energy Efficiency Projects
• Recommendation of Over $16 funding for seismic retrofit from CalOES • Approval of $450,000 for master plan projects
21 Statement of Qualifications for the City of San Clemente Recycled Water Projects Grant Funding Assistance
6 SCOPE OF WORK
The ESS team believes in a full-circle approach to obtaining grant funding. This approach and the methodology behind it will encompass all aspects of the grant research, application development and management services identified in the RFP.

1. Develop Funding Strategy
• Conduct funding research to identify grant resources including but not limited to federal, state, and local agencies, as well as private foundations that fund municipalities for opportunities that match a specific the City project or program, the City’s strategic goals, legislative platform, or policy objectives
• Research grant opportunities identified by the City
• Provide the City with a summary of potential funding opportunities relevant to its needs on an on-going basis

2. Grant Writing Assistance
• Identify projects and analyze components that not only meet the funding requirements but are likely to rank high for award
• Prepare support letters, resolutions and staff reports on an as-needed basis following the City’s preferred style
• Compose grant proposals on behalf of the City as directed, including all technical sections, preparation of budget and schedule, preparation of exhibits such as graphs and schematics, coordination with the City staff and compiling demographic data and other necessary items for grant applications
• Develop timelines and checklists to ensure timely grant completion and submission • Submit grant applications for review and comments by the City’s project management team • Prepare Disadvantaged Community (DAC) related documentation using required funding agency portals
• Grant submission on behalf of the City

3. Grant Management Support
• Review the draft award agreements to identify all the general and specific requirements • Assist with the preparation and submittal of post-award reports and reimbursements that are required under the terms of the grant
• Track Disadvantage Business Enterprise (DBE) Requirements, perform American Iron and Steel (AIS) certification process, Buy America - Build America, monitor Davis Bacon Labor compliance requirements
• Participation in regulatory audit sessions

4. On-Call Grants Research
• Review projects and project components for applicability to grants as directed by the City. • Research applicable grants and prepare grant summaries • Communication with funding agencies for clarification and guidance 22 Statement of Qualifications for the City of San Clemente Recycled Water Projects Grant Funding Assistance
7 5. Optional Additional Services
• Provide design review and prepare specification sections to meet the terms of grant agreement and guidelines
• Assist in preparation of required California Environmental Quality Act (CEQA) • Prepare technical documents to support the grant applications and/or prepare RFP for technical services needed
Our goal is to bring in the highest possible amount of funding for the City. To achieve this goal, ESS brings its extensive experience and a highly qualified team to work closely with the City’s Project Manager to mold the City’s project components, to maximize eligibility and ranking under various funding programs.

We have the unique ability to distill and convey complex project information into funding agencies’ specific formats for grant applications. Our experience in coordinating, managing, and writing different types of applications has led to successful procurement of funding for many clients. Similarly, our experience with grant administration has enabled us to see another side of grant acquisition, wherein we can capitalize on this knowledge.

1. Develop Funding Strategy
The complex and elaborate process of obtaining funding can delay the ability to act. Our comprehensive knowledge of the funding process helps us conceptualize and develop an appropriate action plan, thereby maximizing success. We will identify eligibility requirements, likely availability of funding, terms, conditions, and other key parameters. Our step-by-step process to a successful application is shown in the following flow chart:

Identification Of Appropriate City Projects For Funding Once a Notice to proceed has been identified, Sudi Shoja will arrange a kick-off meeting with the City’s Project Manager and appropriate ESS staff to review and discuss the City’s project priorities, including the ones specifically mentioned in the RFP and CIP. Sudi will serve as a Project Manager and the point of 23 Statement of Qualifications for the City of San Clemente Recycled Water Projects Grant Funding Assistance
8 contact for the City. She will assign task managers and grant writers as needed (if multiple pursuits are followed at the same time) to best meet the project deadlines.

We believe that one of our most important tasks is to work with the City to position the projects for maximum ranking for various grant opportunities. ESS is well qualified to achieve this goal as our staff not only been responsible for similar activities in their former positions, but they also have developed strong relationships with the funding agencies that allow us to learn about funding goals for future cycles and present them to our clients.

Working with the City Project Manager, we will review and discuss the current status of projects, available funding, established priorities, project planning and design status, management preferences and regulatory requirements. With our thorough knowledge of available and historical funding opportunities and our technical expertise in managing similar programs, we will be able to recommend a strategy and ranking of projects for funding pursuits. Based on our experience, we will also be able to offer cost-saving measures such as multi-year grants on a program level in lieu of individual projects that will reduce the regulatory burden of managing various funding agreements and the cost of preparation of applications and compliance monitoring.

ESS believes the City will be best served by working together to create a strategy that enables us to write winning applications that will maximize funding for the City while minimizing the administrative burden on the City staff.
✓ ESS was able to qualify the Santa Clarita Valley Water Agency for $30 million for recycling water ✓ Review of City of Hemet’s bond options and developing a funding strategy resulted in savings of more than $13.5million for the City. In addition, analysis of the City’s CIP program and the unfunded list of projects resulted in identification of more than $28 million in funding. ✓ Working with the County of Orange, we recommended a strategy that resulted in submittal of an additional successful grant application for the same project, almost doubling the amount of funding County was expecting to receive.

Deliverable(s):
• Recommendation for Project Priority List with financial breakdown and timeline with pertinent information for funding pursuits.

Identification of Grant Resources
ESS team members keep up to date with the available Federal and State level funding alternatives for many types of grants, including water and sewer projects, as well as facility improvement and parks projects and energy savings for municipal facility updates. We attend various funding fairs, participate in providing input to guidelines for funding opportunities, and are subscribed to receive notices on available funding. ESS subscribes to various grant resources and will use this service to identify funding opportunities.

Established Relationships with Funding Agencies
We understand that successful grant funding consists of two-thirds planning and one-third writing.

With that in mind, we pride ourselves in our close relationships with funding agencies. Those relationships, plus appropriate and meticulous planning, allow us to obtain key information about the successful awarding of grant funds. One of the tactics used to ensure this strategy’s success is to identify 24 Statement of Qualifications for the City of San Clemente Recycled Water Projects Grant Funding Assistance
9 opportunities for in-person meetings with the funding agency when we are initiating a pursuit. We know this approach provides results from experience.

We have established relationships with the following funding agencies:
• US Bureau of Reclamation
• FEMA/CA Office of Emergency Services
(CalOES) Pre-Disaster Mitigation and
Hazard Mitigation Planning
• California Department of Parks and Recreation
• CA Public Utilities Commission
• Metropolitan Water District of Southern C
• Ocean Protection Council (Prop 68)
• State Water Resources Control Board
• US Energy Commission
• California Department of Water Resources
• EPA
• US Department of Commerce –
Economic Development Administration
• AQMD
• Various Conservancies and non-profit advocacy
organizations
We understand that the City has several key water and sewer projects and an aggressive Capital Improvement Program (CIP). ESS team members bring their extensive experience in developing and managing CIP programs to develop successful grant applications on behalf of our clients. Please see the table in the project experience section of this proposal as it provides a quick glance of our experience in preparation of grant applications for similar projects. ✓ ESS was aware of the additional grant funding available to the SWRCB and as such aligned the submittal of its applications such that they were well ahead of the competition and received the due attention.
✓ When applying for stormwater grants for Coachella Valley Water District, ESS arranged a conference call with EPA staff to discuss the two top-priority projects for the District and receive key input from grant funding project managers.

We will then use our extensive experience to match the City’s projects with the available funding options and develop a matrix of all potential funding alternatives specifically to match the City’s projects that will serve as a tool for the project team and the City staff to use.

As an example, our team members have been providing the available grants services for water and sewer projects to WaterReuse members on regular basis and will continue to provide this information for this contract as well. Information could look like the following table, based on projects:
25 Statement of Qualifications for the City of San Clemente Recycled Water Projects Grant Funding Assistance
10 We will evaluate the projects, review eligibility and potential project ranking, and provide recommendations to the City Project Manager, so that all relevant information is easily available to choose which grants to pursue.
✓ Our analysis of the unfunded plans of a project for the City of Palm Springs allowed us to recommend alternative grant opportunities that resulted in submittal of two additional successful grant applications, with $5.1 million awarded.
✓ Review of City of Downey CIP program and unfunded list of projects resulted in identification of a grant programs for the City for up to $8 million in funding.

Local, State, and Federal Funding Opportunities
PROGRAM Total
Allocation
Funds
Offered
this
Round
Purpose Eligible
Projects Status Anticipated Timeline Notes
SWRCB
Stormwater
Implementatio
n Grants/
Proposition 1
$200M $80M
Multibenefit SW
projects that
respond to
climate
change, &
are included
in an
adopted SW
Resource
Plan or
IRWMP
facilities
Implementation
projects
including but
not limited to:

Green
infrastructure;
SW capture; SW
treatment
Round 1 OPEN
TBD 2018:

Round 2
solicitations
for
implementati
on grants
Planning
grant
solicitatio
n closed in
March
($20M)
additional
round of
$100 M
for
implement
ation
grants
anticipate
d
DWR Water
Use Efficiency:

CA Revolving
Fund/ Prop 1
$10M $10M
Sustainable
funding
source for
urban water
use
efficiency
projects.

Dish/clothes
washer
upgrades;
Water-saving
plumbing
fixtures; Hotwater
recirculating
pumps; Leak
detection,
irrigation
upgrades;
Solicitation
opening soon
Summer
2017: Loan
applications
due
$5M for
loans to
local
agencies
for water
efficiency
upgrades;
$5M for
loans to
customers
for onsite
projects or
leak
repairs
DWR IRWM:

Implementatio
n Grants/ Prop
1 $418M statewide
$98M for LA
Region
TBD
Projects and
programs
that support
IRWM.

Surface
storage/GW
recharge; Water
conveyance;
Watershed
restoration/prot
ection
In
development
TBD: Round 1
solicitation for
implementati
on grants
Public
comment
period
ended
April 8,
2016
26 Statement of Qualifications for the City of San Clemente Recycled Water Projects Grant Funding Assistance
11 Deliverable(s):
• Funding Matrix identifying all available funding for the City’s Projects • Updated Funding Matrix on monthly or as-needed basis

2. Grant Writing Assistance
Once a funding source and a pursuit have been identified, ESS will arrange for a meeting and will come prepared with a Work Plan Structure (WPS), which is a matrix of the fund parameters. ESS prepares a WPS for all funding pursuits based on the detailed analysis of the Notice of Funding Opportunity (NOFO).

The WPS identifies detailed grant fund requirements and populating it will help identify the necessary documents and resources and areas of responsibilities between team members and internal deadlines.

The WPS will also serve as a tool for both the City staff and ESS team members to track the project progress and alignment with the funding. When developing the WPS, ESS will also note the implementation constraints that may have an impact on selection of the project elements. For example, most funding sources require that a grant agreement be in place prior to the start of construction. ESS will work with the City Project Manager to identify solutions and/or assist with reprioritization of the grant applications to meet the requirements. Topics commonly found in the WPS include:
• Eligibility criteria • Matching funds
• Budget needs • Maps and pictures
• Project programming requirements • the City’s prior grant management record • Submittal requirements • Evaluation criteria
• Resolutions and approval letters required from the Board of Directors • Technical reports: Benefit Cost Analysis, Environmental Reports, Life Cycle Analysis • Project readiness: CEQA status, Feasibility studies, Project design reports • Support documentations: certifications, forms, project reports A sample segment of a WPS appears below. It is organized for clarity and is an invaluable reference tool that is used throughout every project.

Deliverable(s):
• Work Plan Structure for the identified grant pursuit, such as the example below:
27 Statement of Qualifications for the City of San Clemente Recycled Water Projects Grant Funding Assistance
12 Targeted Approach for Maximum Scoring on Evaluation Criteria The first step for our targeted approach is to develop a full understanding of the project elements, project milestones, and available project reports. We will also study the previously awarded projects from the funding agencies and learn about the key points that may be overlooked for their simplicity. In developing the WPS, we will identify the primary and secondary evaluation criteria to help highlight the project strengths. We will work closely with the City Project Manager to identify the potential gaps, analyze alternatives, and recommend resolutions to minimize their impact. With this approach, ESS has added value for our clients:
✓ Review of City of Commerce projects resulted in changing the scope of work and a successful award of more than $1 million.
✓ Detailed evaluation of the grants has enabled us to advise the agencies if the project is not competitive and resulting in cost savings by not preparing grant applications.

WRITING-TO-WIN Approach
What sets us apart is that our grant writers are licensed technical experts in this industry and therefore have the ability to convey complex project information into the specific format of a grant application.

Using a targeted approach to analyze objectives and match goals to opportunities provides us with the details we need for our writing-to-win approach. Once a funding strategy is in place, the next challenge is to create a winning application. ESS brings its proven track record in creating an application package that will stand out among dozens, highlighting the project’s merit in full compliance with the instructions and limitations.

Requirements BY Schedule

3.2 Project
Description
Template
Project sponsors must provide descriptive information on the proposed Small Starts project and the regional public transportation system. FTA uses the information in the Project Description Template to understand the project and to establish a database of project characteristics and local contact information. All Small Starts project sponsors must submit ESS Week 1

3.3.1 Project
Identification
2-3 sentences on the essential characteristics of the proposed project (location, length, termini, number of stations, hours of service and frequency by time period) Week 1

3.3.5 Purpose of the
Project
Succinctly describe the specific ways that the proposed major transit investment will address the problems identified in the corridor. Week 1

3.3.6 Merits of the
Project
Describe how the project addresses the Purpose for the Project more effectively compared to other alternatives week 1 -2

3.4 Project Maps Week 1

3.4.3 Map Details:

Stations
Stations included in the project, marked in a distinguishable manner from existing transit stations and labeled. Stations with park & ride facilities should be further distinguished from others, either via markings or labels.

ESS Week 1

3.4.9 Map Details:

Legend A legend, scale and compass. ESS Week 1

3.6 Operations and
Maintenance
Costs

3.7 Capital Costs ESS Week 2

4.3 Cost Effectiveness Need to put in Trip information; Horizon Year; the project's annualized federal share.

See Page 16-17: FY18 Reporting Instructions for the Section 5309 Small Starts Criteria. ESS/City Week 2 ItemA2:H3

1.0 Introduction

3.0 General Reporting
Must submit to FTA documentation summarizing how operating and maintenance costs were developed.

Additionally, the following considerations apply:
• System-wide and route level operating cost data (and factors) are typically available as part of ongoing operations planning.

Electronic maps must be submitted for inclusion in Annual Report on Funding Recommendations and/or posting on FTA website. Maps should be 8.5x11 and be able to be copied in grey scale. Typical orientation for N/S is portrait and E/W is landscape. 28 Statement of Qualifications for the City of San Clemente Recycled Water Projects Grant Funding Assistance
13 This approach uses a high degree of expertise and creativity. ESS understands that impactful illustrations transform well-researched information into powerful persuasion. ESS has used the clarity of graphics and schematic drawings to show grant evaluators the client agency’s expertise and vision:
✓ For a Department of Water Resources grant, ESS provided pictorial highlights of the project’s energy-efficiency benefits matching the goals of the grant.
✓ For a cap-and-trade grant to reduce GHG emissions, ESS replaced the executive summary with graphics highlighting projects matching the grant focus, resulting an award of over $9 million. ✓ For another project, ESS used an AQMD pollution map as a base and plotted all of the appropriate, completed energy-efficiency projects.
✓ ESS application was ranked as one of the best and posted on FHWA website. FHWA asked Sudi for input and used the format created by ESS in a grant application as a requirement for future cycles.

Quantitative Analysis and Technical Reports
Depending on the grant requirements, ESS will work with the City Project Manager to receive the available technical studies, environmental documents and plans and specifications. We will then use our highly experienced team members to complete the technical write-up sections of the grants. As needed, and upon the City’s direction, we will be prepared to perform additional technical research and analysis to supplement the effort.

The ESS engineering team has been directly responsible for implementation of various CIP programs for transportation and street improvements, water and sewer projects and facility management and will bring their expertise to articulate the technical information of the grants.

Our expert grant writers will review the project documents to highlight the project’s strengths matching the grant goals to achieve maximum ranking of the application. ✓ Complex FEMA applications prepared by ESS have been approved by CalOES for funding. ✓ ESS prepared a successful and highly technical grant application for San Bernardino County Transportation Authority, providing detailed GHG reduction calculations, trip generation interpretations, and technologies for alternative fuel that resulted in a $30 million award.

Budget Analysis and Construction Planning
The ESS team will assist the City in identifying qualifying information to meet grant requirements for budgeting and construction planning. Budgets need to demonstrate project flexibility and scalability to make the grant applications more attractive and create opportunities to apply again even after a successful application’s award. Some areas of focus will include:
• Qualifying matching funds • Budget scalability
• Scheduling details • Implementation requirements for
allocation purposes
In one example of a successful
utility project, the technical
application for the $103 million
project received no comments
and was approved in record
time.
29 Statement of Qualifications for the City of San Clemente Recycled Water Projects Grant Funding Assistance
14 Disadvantaged Communities
Many funding opportunities allocate a certain percentage of the funding to projects benefiting DACs and therefore, it is imperative that the need and applicability is effectively demonstrated. For example, grants funded by the Department of Water Resources have historically allocated a percentage of the funding to benefit the DACs. Claiming benefits to DACs requires documentation and substantiation of meaningful benefits, as well as explanation of the methodology used for assuring accomplishment of those benefits. This identification must be based on geographic, socioeconomic, public health, and environmental hazard criteria (Health and Safety Code Section 37911).

ESS is acutely familiar with researching geographic equity and the degree to which the City’s DACs would benefit from a project. ESS will work with the City staff to identify projects in these communities and highlight the benefits in order to win the grant funding. ✓ A successful application for San Bernardino County
Transportation Authority demonstrated 41 DACs in the area.

Support Letters
Often, this aspect of a grant application is given only cursory attention and proves to be invaluable. At ESS, these potentially undervalued areas are key endorsements that ESS crafts in close cooperation with clients. ESS will recommend stakeholders to contact and will draft focus points that align with key ideas in the narrative and grant criteria so that support letters send strong, targeted messages.

Grant Application Review and Approval Process
For every project, ESS will assign a QA/QC manager, which is an important factor of a successful grant application. We will use our internal grant checklist to ensure the application package is ready for submittal. This process will follow the WPS and an internal guide for editorial quality.

To ensure grant applications are completed efficiently, ESS will arrange a meeting with the City Project Manager to answer questions, finalize budget, and schedule concerns and to further align the project with the grant goals and objectives. All final grant application packages will be submitted to the City for review and approval prior to submittal to the granting agency.

Deliverable(s):
• Final grant application package for submittal
• Status report on grant applications submitted
Technology
Many funding agencies have online grant submittal and management tools, including the DWR Bond Management System (BMS), California DWR’s Grants Review and Tracking System (GranTS), the State Water Resources Control Board’s Financial Assistance Application Submittal Tool (FAAST), and the federal government’s www.grants.gov website and the online submittal platforms for IRWM, BOR and some parks grants.

Demonstration of low-earning jobs in
cities of San Bernardino and
Redlands for a successful award of
more than $9.2 million
Demonstration of low-earning
jobs in cities of San Bernardino
and Redlands for a successful
award of more than $9.2 million
30 Statement of Qualifications for the City of San Clemente Recycled Water Projects Grant Funding Assistance
15 BOR

BMS

FAAST

IRWM

GranTS

Grants.gov

Furthermore, our team routinely performs grant management and administration services for funding by various agencies that utilizes some of the same portals.

Deliverable(s):
• Successful grant application packages for the City’s records • Submittal confirmations for the City’s records
Cultivating partnerships with other organizations
Both Sudi Shoja and Project Managers have extensive experience in managing multi-jurisdictional projects on behalf of various agencies. They have been able to create synergy between different clients to benefit all agencies and winning applications.
✓ We have been leading the efforts for Chino Basin Water Conservation Authority to partner with Inland Empire Utilities Agency on two application projects, recently funded by MWD. ✓ ESS arranged for support letters from other utility agencies to support the Coachella Valley Water District grant application and coordinated the effort to obtain results of a demonstration project benefiting all agencies in hot arid regions.

3. Grant Management Support
ESS has provided grant management and compliance monitoring services for federal projects on behalf of several agencies since the start of our company. As you will read in the subsequent sections, ESS’s approach to grant management and compliance monitoring is holistic and ensures that all management and compliance tasks are met efficiency and promptly. Our approach can be broken down into the below general tasks which are as follows;

1. Grant Management and Development of Work Plan Structure (WPS) for each phase

2. Compliance with all applicable federal, state and local regulations

3. Technical Narratives for basis of the projects including scope of work as it corresponds to the funding requirements, damages incurred, cost and schedule

4. Develop templates for project reporting needs to streamline the process

5. Reimbursement Requests for all eligible costs and all the FEMA required forms

6. Progress Reports as need to include narratives on scope of work, budget, and schedule

7. Grant closeout process

8. Record retention and audits
Summary of our general services for grants management is presented below:
31 Statement of Qualifications for the City of San Clemente Recycled Water Projects Grant Funding Assistance
16 ✓ ESS provided a thorough review of agreements with BOR for LBWD, identifying the sections that need to be added to construction documents.
✓ ESS has been providing compliance-monitoring and reimbursement services for City of Palm Springs’ $29 million wastewater treatment projects. In the final audit by the SWRCB, ESS was complimented by the auditors and received full approval of its processes. ✓ ESS has been providing successful grant compliance on a $280 million San Bernardino County Transportation Authority project that consists of more than 11 different funding sources.

Project Management
Status Reports
ESS will follow the City’s directions for timing and formatting of status reports and will revise it based on the input received from staff. The status reports in general will identify the following:
• Status of grant applications under development
• Submitted grant application details such as amounts, submittal dates and expected notices of funding
• Action items and timelines for tasks needing completion • Upcoming grant funding opportunities relevant to each project • Updates on any legislative items or funding opportunity guidelines affecting the City’s funding strategy plan
• Contract control information, responsible party and items needed from the City Deliverable(s):
• Comprehensive status Report on a periodic basis as determined by the City 32 Statement of Qualifications for the City of San Clemente Recycled Water Projects Grant Funding Assistance
17 Accountability
Simply put, we take ownership of our work. The ESS team is built on the principles of performing high quality work where the Principals are directly involved and accountable for the projects we submit.

Working together, with transparency and cooperation between ESS and our clients, this overall approach to grant-writing contract projects have helped ensure our clients’ success.

4. On-call Grants Research
ESS conducts weekly grants research and signs up for funding opportunity announcements for programs that align with client priorities. ESS will provide the City with a Grant Summary for all applicable funding programs. Grant summaries contain information about program goals, eligible project types, funding match requirements, due dates, and evaluation criteria.

5. Optional Additional Services
Additional Services
ESS staff are fully capable of bringing their extensive experience in design and construction of water utilities to provide additional services as needed. As former agency personnel, ESS team members are fully prepared to support the City Project Manager with all required analysis, reports, design review and specification sections, cost estimating, preparation of staff reports, and resolutions as needed.

ESS is also available to review the project documents prior to advertisement to make sure that specifications meet all the grant requirements such as those needed for Federally funded projects or EPA labor compliance requirements.
✓ SWRCB announced project readiness as a criterion for higher ranking 30 days prior to grant deadline. ESS staff used their technical expertise to prepare specifications on behalf of four agencies that all received the highest ranking and the requested funding. ✓ In an expedited grant application for the City of Santa Ana, ESS was tasked with preparation of all the grant requirement documents including CEQA, cost estimates and direct coordination with SCE and City’s consultants to finalize the technical reports for a successful award from BOR on a hydropower improvement project.
33 Statement of Qualifications for the City of San Clemente Recycled Water Projects Grant Funding Assistance
18 QUALIFICATIONS OF KEY PERSONNEL
ESS will assign the staffing based on the requested project needs, grant funding source, and staff expertise and will receive the Agency’s approval before assigning work to individuals. Additional resumes of ESS personnel will be sent to the City if they are needed to help with portions of any of the Projects listed in the Scope of Services.

Please see the below Organization Chart and resumes for key personnel proposed to provide the scope of services identified in the City’s priorities.

Sudi Shoja, PE, F.ASCE
Project Manager
Water Grant
John Robinson
Mir Fattahi, PE
Debbie Murphy, PE
Cassandra Hom, EIT,
Nima Varasteh, Ph. D
Candidate
Veeral Patel
James Klueber
Other Grants
FEMA/CalOES
Gary Sturdivan
Tamim Atayee, PE
Carlos Pineda, PE
GHG Reduction
Chenxia Li, Ph.D
Stan Klemanowicz, AIA,
PMI, LEED, PE: Energy
Efficiency
Funding Support
Services
James Klueber - Lead
Savannah Regan
Anna Segur
Kate Bernstein
34 Statement of Qualifications for the City of San Clemente Recycled Water Projects Grant Funding Assistance
19 Sudi Shoja PE, F.ASCE, Project Manager
Sudi brings more than 30 years of municipal engineering, grant and fund management experience. She has an extensive experience in securing and managing various federal, state and local funds, gaining successful audits in all cases. She has been responsible for budgeting, scheduling and implementation of annual funds of over $100 million for various agencies. Moreover, she has also held numerous leadership positions and served on committees with regional and local government, professional associations and philanthropic organizations to advance regional planning, transportation, policy issues and local interests.

Some of the grants she has successfully secured are: Bureau of Reclamation, FEMA and CalOES grants, State Water Resources Control Board, Proposition 1, 13, 68 & 84, Ground Water Grant Program, EPA Green Project Reserve, State Revolving Funds (SRF), Water Infrastructure Finance and Innovation Act (WIFIA), Local tax measures, and funding for climate change, environmental and numerous other grants from regional agencies. She is also very familiar with reimbursement procedures.

The following are a sample of Sudi’s success stories since 2012:
• Successful award on all Bureau of Reclamation grants
submitted to date.
• $50 million in WIFIA funding for two projects in 2018 • The $103 million application package was approved in
record time and received no revisions.
• Identified Green Project Reserve application for City of Palm Springs to bring in more than $5.1 million in grant funding.
• Award of more than $39 million in GHG reduction since 2016
Selected Project Experience
Grant Writing Assistance & Administration, Wastewater Treatment Plant and Cogeneration Projects, City of Palm Springs, CA
Responsible for coordination with state project managers to obtain approval for securing over $32 million of funding, $5.1 million in grants for SCADA, VFD, lighting, site development and cogeneration projects in just two applications on behalf of the City. Reimbursement for previously expended design and equipment purchases have been added to the project application. ESS has also been responsible for filing for all reporting, reimbursements and monitoring Buy America, DBE and prevailing wage requirements per EPA regulations for two successful audits by SWRCB.

As-Needed Grant Writing Services, Water and Sewer Department, City of Santa Ana, CA Responsible for identification of grant funding opportunities, preparation of a funding strategy that identified over $20 million in grant funding, successful grant applications and compliance-management services for grants from for BOR, SWRCB, SAWPA for over $20 million in funding.

Education: MS, Civil Engineering,
Purdue, 1983
Registration: Professional Engineer
CA, 42958, 1986
Affiliations:
• American Public Works
Association (APWA);
• American Society of Civil
Engineers (ASCE);
• Woman in Transportation
International (WTS);
• Construction Management
Association of America (CMAA);
• California Emergency Services
Association (CESA)
Years of Experience: 30
35 Statement of Qualifications for the City of San Clemente Recycled Water Projects Grant Funding Assistance
20 As-Needed Grant Writing Services, Long Beach Water Department, Long Beach, CA Responsible for identification of grant funding opportunities, preparation of a funding strategy and preparation successful grant applications for Bureau of Reclamation Drought Resiliency and Water Energy Efficiency Grant Programs, and Title 16 and compliance-management services for the Department. ESS has identified and applied for grants over 3.5 million since 2018.

As-Needed Grant Writing Services, Coachella Valley Water District, Coachella Valley, CA Responsible for preparation of successful applications to WIFIA for funding over $50 million for two projects. Also, prepared two successful applications for FEMA funding that were approved by CalOES to FEMA for funding, preparation of a successful application for AMI demonstration project from Bureau of Reclamation Funding
Grant Writing Services, Multiple Projects, City of Hemet Water Department, Hemet, CA Responsible for preparation of grant application packages for more than $10 million in grant and $18 million in SRF loan for Automated Water Metering, master plans. water distribution system upgrades and sewer collection system on behalf of the City.

Storm Water & Recycling Grants, City of Downey, CA
Responsible for identification & application of successful $4 million for stormwater quality project that and submittal of a grant application for a recycling project.

Grant Assistance Services, South Coast Water District (SCWD), Laguna Beach, CA Project manager responsible for securing the $103 million Clean Water Act state revolving fund loan from the State Water Resources Control Board. Coordination with state to obtain approval in record time. Preparation loan application materials for the District’s Tunnel Rehabilitation and Replacement Project and assisting staff with all the required resolutions and documents. Provided on-call grant tracking and grant writing support for the District.

Three Application Packages for Sewer Improvement Projects, City of Laguna Beach, CA Responsible for filing applications and coordination with State project managers to obtain approval for securing $10 million funding on behalf of the City. Projects involve upgrade of sludge export force main, treatment facility upgrades and sewer line rehabilitation throughout the City.

Fund Analysis and Grant Assistance, South Orange County Wastewater Authority (SOCWA), CA Responsible for review of overall engineering projects and financing alternatives and establish funding mechanism to apply for SRF funding on behalf of interested member agencies. 36 Statement of Qualifications for the City of San Clemente Recycled Water Projects Grant Funding Assistance
21 John Robinson
Mr. Robinson has more than 25 years of experience in engineering, construction management, project leadership/project management, operational/fiscal management and market sector strategy development focused most recently on recycled water programs and infrastructure. Mr. Robinson’s experience encompasses a variety of wastewater engineering, water reclamation and planning projects.

The clients he has provided services to are mostly municipalities and cities in Southern California and Arizona. The following is a quick summary of his skill set:
• Involved in feasibility/master studies and planning,
technology evaluation and recommendations, preparation of study and design reports for flaring and biogas design
• Experienced in design for wastewater facilities and expansion of existing facilities focused on primary, secondary and tertiary design, headworks, digester gas, biosolids handling. • Provided regulatory agencies coordination on water and wastewater permitting jurisdiction specifically with Regional Water Quality Control Board, State Water Resources Control Board and air quality boards.

Mr. Robinson provides technical direction and project oversight for the development of public infrastructure that includes pipelines, pumping stations, reservoirs, hydraulic structures, recharge basins, and wells. His technical expertise ranges from master planning and program management to final design and construction
implementation. As a project manager, he has on numerous occasions successfully led my project teams to complete the work within the project budgets and time schedules and with a high degree of responsiveness to the clients.

Relevant Experience
Strengths include client and project management, development of strategic marketing plans/business development, leadership of staff, staff mentorship and guidance, verbal/written communications along with fiscal analysis and financial management.

Terminal Island Treatment Plant Evaluation, City of Los Angeles Bureau of Engineering Project Engineer responsible for the evaluation of the viability of operation of the Terminal Island Treatment Plant. Recycled water evaluation leader with the project including conducting a series of public workshops with interested stakeholders to evaluate the TITP facility with regards to costs, operation, and long-term compliance with future treatment options and permitting requirements.

Education:

B.S., Civil Engineering,
California State University,
Long Beach, 1993
Registration:

Engineering-in-Training,
California, Registration No.
109865, 1997
Professional Engineer – CA
(pending)
PROFESSIONAL AFFILIATIONS:

American Society of Civil
Engineers
California Water Environment
Association – Los Angels Basin
Section
Orange County Water
Association
Water Environmental
Federation
WaterReuse Association –
Inland Empire and Los Angeles
Chapters
37 Statement of Qualifications for the City of San Clemente Recycled Water Projects Grant Funding Assistance
22 Program Management, San Jose Creek Water Reclamation Facility Feasibility Report, Upper San Gabriel Valley Municipal Water District Project Manager responsible for the evaluation of multiple technologies, including microfiltration, reverse osmosis, and UV for further treatment of Title 22 recycled water for discharge to the San Gabriel River. The advance wastewater treatment evaluation including evaluation of pollution prevention program and layout of a 12-MGD facility on limited space at the San Jose Water Reclamation Facility.

RP-1 Modifications, Inland Empire Utilities Agency Responsible for the RP-1 Dechlorination and Solids Process Upgrades Project as well as the Asset Management Project. The work encompasses conceptual design, detailed design, specifications, drawings and office engineering. The dechlorination station requires capacity expansion for the planned increased in wastewater reuse. The digester gas handling facilities will be expanded to 1300 scfm for improved hydrogen sulfide, humidity, VOC and siloxane removal. Gas handling upgrades will also include a 20,000 cubic foot digester gas holder and ultra-low emissions gas flare. Filtrate from the dewatering building will also be equalized for better flow management.

City of Rialto WWTP No. 5 Expansion, Chevron Energy Solution As the Principal in Charge for the City of Rialto WWTP No. 5 Expansion which is increasing from 6 MGD to 12 MGD including one primary, two aeration basins, two secondary and full integration with the existing facility. Responsibilities include project management, supervision of design, client coordination, meeting attendance.

Wastewater Treatment Plant Improvements, Fallbrook Public Utility District Project Engineer providing the following services: Screening and dewatering facilities, including the review of the cost effectiveness of press-type equipment versus more complex screening and separation, and the preparation of construction drawings and specifications for bidding. Centrifuge design involving preparation of a preliminary engineering design report, setting forth the most viable design concepts for thickening at the aerobic digesters, and the preparation of detailed construction drawings and specifications for bidding. 5 mgd Wastewater Treatment Plant with 2.5 mgd Title 22 Water Reclamation Facility, City of American Canyon Project Engineer this project currently in progress, which includes planning for a water reclamation project encompassing market assessment, hydraulic analysis, and facilities. Construction plans, specifications and estimates will be prepared for new and/or modifications to existing force mains, gravity sewers, and pumping stations, wastewater treatment plant and storage ponds. The recycled water facilities include 10 miles of recycled water pipeline, 5 miles of an industrial brine line, 1.5 MG above ground steel storage tank, and a recycled water booster pump station. Preliminary design of 4 miles of 16 recycled water pipeline, 9 miles of 6-inch recycled water and brine pipeline and 2 miles of 6-inch recycled water pipeline for the City of American Canyon 6-Inch Export Sludge Force Main Replacement, South Coast Water District/Aliso Water Management Association Project Engineer responsible for the design of approximately seven miles of 6-inch primary sludge force main in an environmentally sensitive regional park and City of Laguna Niguel Park. The design involved two creek crossings, a minor highway crossing, interface with the existing plant facilities, civil grading, and pigging equipment modification.

Replacement of East Primary Sedimentation Tank Scum Skimmers, South Coast Water District at South Coast Treatment Plant Project Engineer responsible for the development of the formal design plans for the demolition of existing skimmers; structural modifications; electrical details; installation of new helical skimmers; and, construction of fiberglass covers over the new skimmers. 38 Statement of Qualifications for the City of San Clemente Recycled Water Projects Grant Funding Assistance
23 Construction Cost Estimating for the 12.0 mgd Joint Regional Wastewater Treatment Plant, Aliso Water Management Agency Project Engineer the solids handling facilities project. Work involved included complete demolition and replacement of existing belt filter presses with new centrifuge dewatering, complete replacement of existing foul air scrubber systems with new chemical systems, a tractor-trailer truck loading building with dewatered sludge hoppers for overnight storage, and temporary dewatering and scrubbing systems to operate throughout construction.

Construction Cost Estimating for the 3A Wastewater Reclamation Plant Project Engineer for this project including full secondary treatment with activated sludge system, tertiary filtration, chlorination, and pumping of reclaimed secondary effluent for golf course irrigation and odor control.

Storm Drain Modifications at the Coastal Treatment Plant, South Coast Water District Project Engineer for the design including reviewing the existing culverts, performing a structural analysis to identify a feasible method of modification, and preparing of plans and specifications for the construction of the modifications.

Regional Plant No. 1 – Manure Digester Pilot Project, Inland Empire Utilities Agency, Ontario, CA Project Engineer working Inland Empire Utilities Agency (IEUA) in the development of pilot test protocol, facilities location, layout, facility implementation and “wet manure” delivery. The goal of this pilot digester gas project would be to demonstrate the application of high-rate anaerobic digestion technology to “wet manure” and quantify operational parameters including solids thickening and dewatering. An approximately 40,000 square foot facility has been designed and installed at the Regional Plant No. 1 (RP1) which is owned and operated by IEUA. It is expected that this project would utilize 60 tons per day of wet manure and generate 11 tons per day of exceptional quality organic fertilizer. An estimated 4.5 tons per day of salts and nitrates would be prevents from entering the groundwater. This project is part of a public-private partnership with area diary operators. One aspect of the technology being demonstrated would be equipment to receive, process and pump manure slurry into the digester. It is expected that this project will be operational by January 2002.

Project Manager, Biosolids Strategic Plan, South Orange County Wastewater Authority, CA Developed a biosolids management strategy utilizing current findings on disposal and composting alternatives, including consideration of local facilities totally for SOCWA and opportunities with other local agencies.

Technical Advisor, Elsinore Valley Regional Water Reclamation Facility, Lake Elsinore, CA The Regional Reclamation plant was originally designed under Mr. Robinson’s oversight as a conventional activated sludge oxidation ditch. In the most recent expansion, alternatives were evaluated to increase the degree of nitrification and denitrification. Innovations developed primarily by Kruger in Denmark were selected to provide the enhancement while preserving a high level of familiarity for the plant operators. Project included modifications of the existing digester lid system in order to capture and reuse digester gas.

Technical Advisor, Wastewater Treatment Plant Upgrade, Freeport,IL Mr. Robinson served as the lead technical advisor for upgrading the Freeport activated sludge plant to a nitrification plant with higher quality effluent and digester lid modification. The BIOSTYR biologically activated filter process was applied as a polishing nitrification system that was challenged by the Illinois EPA. They requested that the unit be followed by clarification, until the Contractor demonstrated that this final step was unnecessary to reliably meet standards.

Inland Empire Regional Composting Facility, Inland Empire Regional Composting Authority, Rancho Cucamonga, CA Project Manager working with Inland Empire Utilities Agency (IEUA) and County 39 Statement of Qualifications for the City of San Clemente Recycled Water Projects Grant Funding Assistance
24 Sanitation Districts of Los Angeles County (LACSD) on the due diligence and concept design contract to convert an existing 410,000 square foot IKEA warehouse into and enclosed aerated static pile. Project included siting study, preliminary design, permitting, final design including civil, mechanical, HVAC, instrumentation and electrical control design.

Regional Plant No. 1 Enclosed Aerated Static Pile, Inland Empire Utilities Agency, Ontario, CA Project Engineer working with Inland Empire Utilities Agency (IEUA) for the preliminary and final design on a totally enclosed aerated static pile composting facility located at Regional Plant No. 1. The contact was to develop a preliminary design report including design criteria, concept description, equipment analysis, ventilation and building environmental analysis, construction cost estimates basis upon traditional design/bid/build versus design build, permits and project schedule. Based upon the preliminary design report a final design was awarded based upon the traditional design/bid/build contract. It is expected that this project would utilize 10,000 tons per day of biosolids and generate 5,000 tons per day of exceptional quality organic fertilizer. It is expected that this project will be operational by Fall 2002.

Dairy Digester Pilot Project No. 4, Inland Empire Utilities Agency, Chino, CA Project Manager working with Inland Empire Utilities Agency (IEUA) to assist in the development of an anaerobic digester technology system pilot project for the treatment of dairy cow manure. The project represents a publicprivate partnership between IEUA, the Milk Producers Council, and Synagro to demonstrate a solution to the manure management issues in the Chino Basin. This facility was jointly funded by the United States Department of Agriculture and the State of California Energy Commission. The plug flow digester system operates at mesophilic temperatures to optimize volatile solids reduction and the production of biogas.

The project will utilize approximately 265 tons of manure at 14-percent solids and the overall system is flexible to accept a variety of dairy manure from dry corral manure to “wet manure”. Through the process, approximately 30-percent of the biogas will be used to generate electricity at the project site using four Capstone microturbines to run the plug flow digester and facility equipment, which will substantially reduce the operating costs of the pilot project. The remaining gas will be sent to two Waukesha generators to power the Chino Desalter I, which is on off-site groundwater desalting facility. The project is estimated to generate 1.75 MW of electrical power per day. Approximately 30 tons per day of digested manure will be dewatered on-site and transported to a composting facility and converted into a fertilizer/soil amendment product. In addition, this project will prevent approximately 12 tons per day of salts and nitrates from entering the groundwater. It is expected that this project will be operational by December 2001.

Dairy Digester Pilot Project No. 6, Inland Empire Utilities Agency, Chino, CA Project Manager working with Inland Empire Utilities Agency (IEUA) on an on-site dairy anaerobic digester technology system pilot project for the treatment of dairy washwater with manure. This facility was jointly funded by the United States Department of Agriculture and the State of California Energy Commission. The covered and lined lagoon digester system operates at mesophilic temperatures to optimize volatile solids reduction and the production of biogas. The system accepts approximately 95,000 gallons per day with 0.5-percent manure solids from the milking barns of the Koopal and Teunisson dairies. Through the process, all of the biogas will be used to generate electricity at the project site using one 30 kW Capstone microturbine the existing fully operational 1,900 cow Teunisson dairy. Waste heat from the microturbine will divert to an on-site greenhouse in order to demonstrate energy conversation. In addition, this project will prevent salts and nitrates from entering the groundwater. It is expected that this project will be operational by March 2002. 40 Statement of Qualifications for the City of San Clemente Recycled Water Projects Grant Funding Assistance
25 Tamim Atayee, PE, F.ASCE, Senior Project Manager
Mr. Atayee is a registered professional engineer with 31 years of experience.

Tamim works as a technical expert for grant applications that involve expertise in hydraulics, hydrology, water resource engineering, flood hazard mitigation, scour, sediment transport and stormwater management. He is a skilled designer and a capable manager and has authored many technical papers. Mr. Atayee is experienced in both numerical and physical modeling of hydraulic problems and has, amongst other things, developed hydrology and hydraulics software used as standards in the industry. As a subcontractor to the Western US Technical Evaluation Contractor to FEMA, he reviewed several map revision processes, such as Letters of Map Revisions, for projects that impacted flood hazard areas. On the other end of the process, as the technical representative for applicants, he successfully secured approval of several map revisions for land developers, public agencies, and mine property owners.

Tamim’s expertise and knowledge assist us in preparation of high-quality technical reports for grant applications that result in minimal comments and expedited review of applications.

The following are Tamim’s experiences and skills:
• Expert in preparing FEMA related grants related to flooding • Technical expertise that lend to writing highly qualified & credible reports for grant applications
• Trusted expert working with various Caltrans districts GPR application • Extensive experience in hydraulics, hydrology, water resource engineering, flood hazard mitigation, scour, sediment transport and storm water management.

Relevant Work Experience
Storm Water Grants, Coachella Valley Water District, Coachella Valley, CA Technical expert in development of successful intent letters and grant applications on two top priority projects for the district. Review of District documents and recommendations and preparation of grant sections to meet the funding goals.

FEMA Grant Applications, Coachella Valley Water District, Coachella Valley, CA
Responsible for review of agency documents for the two regional storm drain projects and preparation of successful phase I grant applications. Preparation of technical sections and interpretations to match the funding.

Development of required technical documents for the Benefit Cost analysis.

Sustainability Grants, Port of long Beach, Long Beach, CA Responsible for preparation of technical documents and all the necessary justifications for a sustainability grant funded by Homeland Security. Review of agency documents, preparation Education
MS Civil Engineering – Water
Resources, The George
Washington University
BS Civil Engineering, Old
Dominion University
Registration Professional
Engineer – California,
Colorado, Virginia
Years of Experience: 31
Instructor of Excellence (2009,
2010, 2011, 2012), National
Highway Institute
Fellow (F.ASCE), American
Society of Civil Engineers
(ASCE)
Distinguished Engineering
Educator, Lifelong Learning
Award, American Society of
Civil Engineers, Orange
County Branch
Outstanding Engineering
Merit Award, Orange
County Engineering Council
Outstanding Engineer of
Merit Award, American
Society of Civil Engineers,
Orange County Branch
Outstanding Civil Engineer
in Community Service,
American Society of Civil
Engineers, Los Angeles
Section
California Emergency
Services
Association (CESA)
41 Statement of Qualifications for the City of San Clemente Recycled Water Projects Grant Funding Assistance
26 of cost estimates, back up documents, exhibits and other information as needed Flood Assistance Grant Program, City of Wildomar, Wildomar, CA Prepared Benefit Cost Analysis (BCA), technical reports, cost estimate and all back up documentation.

Otay River Bridge, San Diego, CA
provided hydrologic, hydraulic and scour engineering services to assist with the design of the new State Route 125 Toll Road Bridge over Otay. The objective of the project was to characterize the hydraulics and scour potential and develop countermeasures to sustain the erosive forces to which the bridge substructure would be subjected.

Alta La Jolla Restoration, San Diego, CA
Responsible for independent assessment of the hydrologic, hydraulic and channel stability of outlet channel of a storm drain system in the private development, Alta La Jolla in San Diego, California. The objective of the project was to characterize the drainage and develop a concept to stabilize the eroded outlet channel.

Caltrans Drainage Law & floodplain Issues Course Development & Delivery, CA Responsible for development of two one-day courses and delivery to various Caltrans Districts in the state. Class material was developed for highway designers to discuss hydrology and hydraulic & identify issues pertaining to floodplains and effective discharge, minimize liability to public agencies short courses for FHWA, and Caltrans Caltrans Expert Services, San Bernardino County, CA
Provided expert witness services to the San Bernardino office of Caltrans for a successful conclusion of the case.

The area of expertise included hydrology, hydraulics and sediment transport for the flood damage analysis of Lobecks Pass in a lawsuit case against Caltrans by Pacific Gas & Electric Company. This project involved providing court testimony, and forensic analysis of the historical records 42 Statement of Qualifications for the City of San Clemente Recycled Water Projects Grant Funding Assistance
27 Debbie Murphy, PE, Water/Sewer Funding Expert
Debbie has been responsible for successful grants from various agencies such as Bureau of Reclamation (BOR), State Water Resources Control Board and Santa Ana Watershed Project Authority for various water related projects and State Water Resources Control Board grant applications. ALL the grants written by Debbie for BOR have been awarded for funding in the past three cycles.

She is also very knowledgeable in grants from Propositions 1, 13, 68 & 84. She has been actively involved in identifying funding opportunities and matching projects for maximum funding.

Debbie has been responsible for successful grants with multiple Bureau of Reclamation for various water related projects and State Water Resources Control Board grant applications. She has more than 30 years of professional engineering design and construction experience in the private and public sectors for public works projects related to water and sewer projects, and all aspects of water systems, including pipelines, wells, booster stations and reservoirs. She has immense mechanical and administrative expertise in all phases of plan review, constructability review, QA/QC of technical reports, and environmental process.

She is also highly skilled in identifying appropriate measures, policies and procedures to comply with federal, state, regional, and county laws, regulations, and environmental mandates.

Relevant Project Experience
Grant Assistance & Monitoring – City of Santa Ana, Long Beach Water Department, Mission Springs Water District, San Bernardino Municipal Water Department, CA Responsible for successful grant applications and compliance reviews for several State Revolving fund, Santa Ana Watershed Authority and Bureau of Reclamation funding including Title XVI, Drought Resiliency Grant Program, and Water and Energy Efficiency Grant Program. Debbie has been providing guidelines reviews for various funding compliance and grant requirements on multiple types of federal and state funding opportunities including Proposition 1, 13, 68, and 84.

Project Engineer, Multiple Cities, Department of Public Works Project Engineer in Water Division and Public Works responsible for planning, coordinating and managing technical, and field staff responsible for all aspects of the planning, design, award and construction of water projects including pipelines, reservoirs, wells and booster pump stations. Developed and administered budgets, prepared and processed RFPs and awarded/managed professional services and construction contracts. As Development Services Manager and Principal Engineer, responsibilities included environmental and entitlement review; developing and enforcing Conditions of Approval; technical plan review/approvals; developing department programs, policies and procedures; serving as liaison with the general public and the development community; researching, preparing and/or delivering reports and presentations to Commissions and City Council.

City of Cypress, Department of Public Works
Assistant Civil Engineer responsible for prepared of plans, specifications, cost estimates and contract documents for public works projects including street improvements, parks, and public buildings. Provided Education: BS, Civil Engineering,
University of the Pacific
Registration Registered
Professional Engineer in CA 43607
Years of Experience: 32
43 Statement of Qualifications for the City of San Clemente Recycled Water Projects Grant Funding Assistance
28 technical support and project management expertise, prepared staff reports and presentations to City Council and assisted in budget preparation of annual operating and multi-year CIP budgets. Prepared and administered grant applications for federally funded paving projects.

Albert C. Martin & Associate, Los Angeles, CA
Civil Engineer responsible for preparation of technical plans and specifications for public and private development projects, including grading and utility plans; hydrology and hydraulic calculations; design and coordination. Project management responsibilities included budget, schedule, and quality control.

City of Hermosa Beach, Department of Public Works
Assistant Engineer responsible for administration of all aspects of the planning, design, construction and management of maintenance, engineering and capital improvement projects in the City, including projects related to streets, storm drains, sanitary sewers, parks and public buildings.

Mobil Oil Corporation, Los Angeles, CA
Project Engineer responsible for the delivery of construction projects, including removal and replacement of underground fuel storage tank facilities and construction of new service stations. Performed field investigation, developed cost estimate, prepared and issued bid package and cost analyses, evaluated and awarded bids, managed and supervised construction, and project budget. 44 Statement of Qualifications for the City of San Clemente Recycled Water Projects Grant Funding Assistance
29 Mir T. Fattahi, MsCE, PE, Water System Funding Expert Mir brings extensive experience in securing and
managing grants of more than $20 million from the
Bureau of Reclamation, CA State Water Resources
Board. He is highly knowledgeable on water and sewer
related funding pursuits and has successfully secured
and managed funding and project implementation on
behalf of various agencies.

He is experienced in directing projects and staff in fastpaced, results-oriented environments. He is an articulate communicator able to elicit outstanding
performance from a diverse array of professionals.

Highly successful in developing synergistic relationships to bring projects to completion on time and under budget, strong leadership, organization, and communication skills.

Mr. Fattahi has more than 35 years of extensive experience in all facets of water and sewer engineering, planning, design and project management; budgeting, scheduling, contract administration, change order management, claim analyses and mitigation; biddability/ constructability review, development and implementation of QA/QC procedures. He has led and managed major CIP infrastructure projects in water/wastewater including recycled water for various agencies in Southern California.

Selected Project Experience
State and Federal Grant Management, Project Manager Inland Empire Utilities Agency (IEUA), Chino, CA
Involved in securing and management of over $20 million Grant Funding Program from the Bureau of Reclamation for recycled water program including all the pipeline, pump station and reservoirs. Also managed the program and the funding for installation of the required laterals for the 7-member agency.

Various Agencies, Program/Fund Manager, CA State Water Resources Control Board (CSWRCB), CA Responsible for successful award, management of various SRF loan and other grant projects from CSWRCB for multiple agencies.

As-Needed Grant Writing Services, Water and Sewer Department, City of Santa Ana, CA Participation in identification of grant funding opportunities, preparation of successful grant applications for Bureau of Reclamation, State Water Resources Control Board, Santa Ana Watershed Authority and many more. Also, assisted with compliance-management services for the City.

As-Needed Grant Writing Services, Coachella Valley Water District, Coachella Valley, CA Involved in preparation of successful applications to WIFIA for funding over $50 million for two projects and a successful application for AMI demonstration project from Bureau of Reclamation Funding.

Grant Writing Services, Multiple Projects, City of Hemet Water Department, Hemet, CA Education: MS, Civil Engineering, CA State
University Long Beach, CA, 1992
Registration:
• Registered Professional Engineer in CA
59465; Certified Cross Connection Control
Specialist – USC
• General Engineering Contractor License
“A” (#969080)
• Principals of Supervision
• Supervisor’s Academy Cross Connection
Control – Certified by USC Foundation.
• Traffic Control, Trenching and Excavation
Years of Experience: 35
45 Statement of Qualifications for the City of San Clemente Recycled Water Projects Grant Funding Assistance
30 Preparation of grant application packages for more than $10 million in grant and $18 million in SRF loan for Automated Water Metering, master plans. water distribution system upgrades and sewer collection system on behalf of the City.

Storm Water & Recycling Grants, City of Downey, CA
Identification & application of successful $4 million for stormwater quality project that ranked one of the highest for funding and a submittal of a grant application for a recycling project.

Three Application Packages for Sewer Improvement Projects, City of Laguna Beach, CA Preparation of applications and coordination with State project managers to obtain approval for securing $10 million funding on behalf of the City. Projects involve upgrade of sludge export force main, treatment facility upgrades and sewer line rehabilitation throughout the City.

Water and Sewer Design, Principal-in-Charge Pomona, CA
Principal-in-Charge of designing 3,000 feet of water and sewer line planning and design for the City of Pomona.

Recycled Water Program, Project Manager/Engineer, Simi Valley, CA Project Manager/Engineer in charge of preparation of plans and specifications for recycled water connections, preparation of engineer’s report, cross connection testing and report, site supervisor training and issuance of certificate for Ventura County Waterworks District No. 8, City of Simi Valley.

Recycled Water Program, Project Manager/Engineer Fontana, CA Project Manager/Engineer in charge of preparation of plans and specifications for local lateral connections, preparation of engineer’s report, cross connection testing and report, site supervisor training and issuance of certificate for Fontana Water Company.

Water and Reclaimed Water Systems, Project Manager Aliso Viejo, CA Project Manager responsible for design and preparation of construction plans, specifications, and cost estimates for Oak Grove water and reclaimed water systems. The project consists of approximately 10,000 lf of water and reclaimed water pipelines designed for the Moulton Niguel Water District to be constructed in the community of Aliso Viejo. PVC and Ductile Iron Pipes were specified for this project.

Water, Sewer and Reclaimed Water Transmission Pipeline Design, Project Manager, Laguna Hills, CA Project Manager in charge of the design, contract document preparation and construction management of the Wood Canyon water, sewer, and reclaimed water facilities for the Moulton Niguel Water District.

The project consisted of 3 miles of water transmission pipeline, 2 miles of reclaimed water transmission pipeline, and 3 miles of gravity and force main sewers. Several pipe materials, including CML&C steel pipe, DIP and PVC pipe were specified based upon design requirements.

Recycled Water Program, IEUA, Project Manager Chino, CA Program manager of the Agency’s Recycled Water Program. Under my direction the recycled water use increase from 15,000 AFY to 37,000 AFY in 2.5 years with a target of 50,000 AFY by the end of 2012. The program involved site investigation, preparation of retrofit plans, preparation of engineering report, cross-connection testing, up to completion and energizing recycled water to the site. Users of Recycled Water include farmers, schools, industrial entities, golf courses, parks, and commercial office landscape areas. I worked directly with agency’s seven (7) member agency staff in planning, design, construction and expansion of the regional recycled water system. I also participated in the review of some of the member agencies recycled water and wastewater master planning efforts. 46 Statement of Qualifications for the City of San Clemente Recycled Water Projects Grant Funding Assistance
31 Capital Improvement Projects, IEUA, Project Manager Chino, CA Agency’s lead in regional recycled water project coordination with all member agencies and responsible for management of over $75 million in design and construction projects including more than 30 miles of 20-48 inch pipelines pump stations and reservoirs.

Sewer System Planning and Design, Project Manager Irvine, CA Project Manager responsible for preparation of Project Design Report (PDR) and final plans, specifications and cost estimates for approximately 4000 l.f. of 12" diameter trunk sewer in Barranca Parkway. The project also included the alignment study and the design for a 10" gravity sewer to replace two existing sewage lift stations and a 6" force main within the Orange Tree Development. The alternative sewer alignments and required coordination crossed several different properties including Irvine Valley College, Southern California Edison Company, City of Irvine, and The Irvine Company. The entire project was planned and designed to ensure that the sewage lift stations remain operational until such time when gravity sewers were constructed, and flows were diverted from the lift stations to the gravity sewer and before the lift stations could be dismantled. 47 Statement of Qualifications for the City of San Clemente Recycled Water Projects Grant Funding Assistance
32 Chenxia Li, Federal Funding Expert
Chexnia has over 20 years of experience and an extensive background in the capital planning process and in developing long-range capital improvement programs including regional and agency-wide transportation planning. She has
successfully secured and managed various federal, state, and local funding measures including FTA/FRA/FEMA/Caltrans, Highway Rail Crossing Safety Account (HRCSA), Highway
Safety Improvement Program (HSIP), High Priority Projects (HPP), Transportation community and many other grants.

Chenxia has been responsible for performing policy and financial analyses, negotiating agreements with FTA/FRA and other funding agencies, as well as the preparation and presentation of reports to agency board of directors.

James is highly skilled in identifying appropriate measures, policies and procedures to comply with federal, state, regional, and county laws, regulations, and environmental mandates.

Relevant Experience
San Bernardino GHG reduction Strategy, TIRCP 2018 Grant Application Package, San Bernardino County Transpiration Authority, San Bernardino, CA
Responsible for development of a successful grant application package for two significant projects in the region, meeting with CalSTA, preparation of GHG reduction and all narrative sections.

Redlands Passenger Rail Project, San Bernardino County Transpiration Authority, San Bernardino, CA Funding expert responsible for preparation of TIRCP, PTC and FTA grants for the $280 million project.

Facilitated meetings with grant funding agencies, prepared agendas and presentation topics.

Researched the available documents and prepared successful grant application packages. Advised on negotiations, grant agreements, and reporting needs.

Grants Manager, San Diego North County Transit District (NCTD), Oceanside, CA Responsible for final QA/QC during the BOR WaterSMART Drought Resiliency Projects grant writing process and assisted with various research, mapping, and grant writing tasks in order to submit the application promptly. Worked on 4 applications simultaneously and submitted all applications successfully and on-time. Each application was for $2 million in federal grant funding. • Administered NCTD grant programs and managed grant staff. Performed strategic, programmatic, and detailed grants management of NCTD’s federal, state, and local grant programs. • Coordinated with the San Diego Association of Governments (SANDAG) to forecast grant revenues for five-year capital improvement program. Developed recommendations to assign the grant funds to the capital and planning projects.
• Worked with the Federal and State funding agencies for grant application/ amendments/closeout.

Managed grant programs for requirements compliance.

Education: Ph.D. in Planning,
University of Southern California,
1992
Master of City Planning, University of
California at Berkeley, 1985
Bachelor of Engineering, Tongji
University, Shanghai, China 1982
Years of Experience: 22
48 Statement of Qualifications for the City of San Clemente Recycled Water Projects Grant Funding Assistance
33 • Maintained grant database using the JD Edwards system to ensure accuracy and grant compliance. • Prepared the required project progress reports, financial status reports, and grant closeout reports.

Ensured timely processing grant billings; reviewed the project expenditures against the approved project scope and in compliance with federal, state and local funding requirements; and validated appropriateness of supporting documents and justifications. • Developed and revised grant management procedures and the board finance policies. • Responsible for the SAFE schedule and the required single audit schedules. • Prepared responses to the FTA Triennial Review and Enhanced Technical Capacity Review.

BOR WaterSMART Water Energy and Efficiency, Santa Clarita Valley Water Agency, Olivenhain Municipal Water District, Desert Water Agency, City of Santa Ana, San Bernardino Municipal Water District
Responsible for final QA/QC during the BOR WaterSMART Water Energy and Efficiency grant writing process and assisted with various research, mapping, and grant writing tasks in order to submit the applications fully and promptly. He worked on 6 applications simultaneously for this opportunity. Each application applied for $500,000 federal grant funding.

Grants and Strategic Development Planner, Southern California Regional Rail Authority (SCRRA) • Coordinated with FTA/FRA/FEMA/Caltrans on the grant administration, led FRA/Caltrans quarterly reviews, analyzed federal and state transportation policies and funding programs, and communicated with staffers on grant issues.
• Worked with Engineering Department and Program Management Office on the programmatic issues pertaining to the capital rehabilitation and improvement projects, and prepared grant applications by closely working with the stakeholders. Participated in monthly project managers’ meetings, worked with all necessary parties to ensure implementation of grant- funded projects in compliance with the grant requirements and grant contract provisions. • Administered federal and state grants; prepared the grant fact sheets to disseminate grant information; tracked contract commitments and expenditures; prepared project progress and financial reports; responded to the grantors’ inquiries concerning grant compliance issues; performed the grant closeouts; and responded to the audit requests. • Tracked grant balances; reviewed proposed changes to the project scope to ensure consistency with the funding agreements; reviewed and validated the eligibility of project budget reallocations by fund source and by project; and ensured the grant records being updated with a documented audit trail.
• Performed timely and comprehensive analysis of capital budget versus actual expenditures at the project level and program level, and performed monthly, quarterly, and year-end reconciliations. • Maintained detailed grant records on all capital projects to ensure accuracy and integrity of the accounting records in the Oracle Financial System and reconciled the grant records. • Participated in various cross-functional meetings and task forces within the agency to address capital budgeting, financial analysis, allocation initiatives, and other funding and capital activities. 49 Statement of Qualifications for the City of San Clemente Recycled Water Projects Grant Funding Assistance
34 James Klueber, Analyst
James started his career as an analyst specializing in various water resource investments and is very familiar with
Californian water law, water systems, federal/state/local management plans, and water infrastructure. He is a team player and brings his can-do attitude to work every day. Currently, his primary role at ESS is to provide grant compliance monitoring, QA/QC support for all grant applications and funding opportunities. His work ethics coupled with his passion for helping build stronger communities is demonstrated in his work and aligns with our ideals and qualities at ESS.

James is highly skilled in identifying appropriate measures, policies and procedures to comply with federal, state, regional, and county laws, regulations, and environmental mandates.

Relevant Experience
Clean Water State Revolving Fund – Cities of Sacramento and Carlsbad, Valley Sanitary District, CA James has been working on submitting CWSRF applications to upgrade various components of wastewater treatment systems ranging from $4.5 to $35 million projects.

FEMA/CalOES Grant Applications, Cities of Pasadena, Sacramento, Belvedere, Oceanside, CA Responsible for preparation of supporting documentation and estimates for a variety of projects including seismic retrofit of Dam structures, City Hall and parking structure, bridge, reservoirs, and a sea wall project that met the approval of CalOES.

Grant Writing and Compliance – City of Santa Ana, CA
Responsible for compliance of multiple projects with multiple sources of funding, preparation of progress reports and reimbursement forms.

BOR WaterSMART Drought Resiliency Grant, Long Beach Water Department, Santa Clarita Valley Water Agency, City of Santa Ana, City of Sacramento, CA Responsible for final QA/QC during the BOR WaterSMART Drought Resiliency Projects grant writing process and assisted with various research, mapping, and grant writing tasks in order to submit the application promptly. Worked on 4 applications simultaneously and submitted all applications successfully and on-time. Each application was for $2 million in federal grant funding.

BOR WaterSMART Water Energy and Efficiency, Santa Clarita Valley Water Agency, Olivenhain Municipal Water District, Desert Water Agency, City of Santa Ana, San Bernardino Municipal Water District
Responsible for final QA/QC during the BOR WaterSMART Water Energy and Efficiency grant writing process and assisted with various research, mapping, and grant writing tasks in order to submit the applications fully and promptly. He worked on 6 applications simultaneously for this opportunity. Each application applied for $500,000 federal grant funding.

Local Partnership Program (LPP) Grant, City of Carlsbad and Long Beach, CA Responsible for final QA/QC during the LPP grant writing process and assisted with various research, mapping, and other tasks in order to submit the application fully and promptly.

Education: BS, Environmental Economics
& Policy, U.C. Berkeley, CA
Years of Experience: 2
50 Statement of Qualifications for the City of San Clemente Recycled Water Projects Grant Funding Assistance
35 RELEVANT PROJECT EXPERIENCE
Grant Identification, Writing, & Compliance Services, City of Santa Ana Utility Department, Santa Ana, CA (2017-Present)
ESS was selected in 2018 to provide needs assessment, grant identification, grant writing and compliance services for the Water and Sewer services Department. ESS started by reviewing the City’s CIP and unfunded projects and developed a funding plan by identifying grants. To date, ESS has prepared successful applications for Bureau of Reclamation, CalOES, Proposition 1, and State Revolving Funds that are near completion for the following projects:

Grant Amount Funding Agency Program Projects
$5 million Bureau of Reclamation Drought Contingency 4 Well Projects $1.5 million Bureau of Reclamation Water Energy Efficiency AMI System $10.1 million SWRCB DWSRF AMI - Pending
$5.2 million SWRCB DWSRF Well 32- In process
$75,000 SWRCB Prop 1 Water Recycle Master Plan
$100,000 SAWPA Well design
$75,000 Bureau of Reclamation Water Energy Efficiency Irrigation Improvements $1.5 million SWRCB CWSRF Septic to sewer- In process
$300k CalOES Community Power
Resiliency
Emergency Well Back-up
Generator
The above work has been completed since January 2018.

Wastewater Treatment Facility Upgrade, City of Palm Springs, Palm Springs, CA (2014-2019)
Responsibilities for the City of Palm Springs began with preparation of SRF loan applications for the $29 million Wastewater Treatment Plant Upgrade & 8 million for a cogeneration project. We arranged for a meeting with the SRF management in Sacramento and provided a presentation that assured adding this project to the priority list. During the complex process for this project, we were able to provide continuous coordination with three state SRF project managers and obtain approvals for every phase. This project was completed in March 2017. 51 Statement of Qualifications for the City of San Clemente Recycled Water Projects Grant Funding Assistance
36 In the process, ESS identified project elements that qualified for additional grants, resulting in successful award of more than $5.1 million in grants the City did not expect. We prepared Green Project Reserve grant funding application and exhibits for the following:
• Variable Frequency Drive • LED Lighting
• High Efficiency Motors • Combined Heat and Power Cogeneration • SCADA System Upgrade • Site Improvement
ESS also provided SRF compliance including project reporting, reimbursements, monitoring of AIS, DBEand prevailing wages that resulted in successful audit session. on behalf of the City.

Grant Writing Services, Long Beach Water Department, Long Beach, CA (2017-Present) ESS has been providing grant assistance services for each of the listed agencies that started with a needs assessment and review of the agency’s CIP projects and unfunded projects. ESS presented a funding strategy and matching opportunities to projects that was approved by the Long Beach Water Department (LBWD). ESS has prepared the following successful applications for LBWD:

Grant Amount Funding Agency Program Projects
$1.5 million Bureau of Reclamation WEEG AMI
$4.2 million Bureau of Reclamation DRP 4 Wells
$75,000 FEMA Training Emergency Response Training
$1.1.97 million BOR Title XVI 2 Recycled Water Projects ESS has been working with LBWD since December 2017 and ESS has been responsible for 100% of the work noted here.

Grant Identification, Writing & Compliance Services, San Bernardino Municipal Water Department, San Bernardino, CA (2018-Present)
ESS has been providing grant identification and writing services. ESS has been participating in several meetings with department director to identify fundable elements of a project and provide a funding strategy.

Grant Amount Funding Agency Program Projects
$5.5 million FEMA Hazard Mitigation Seismic Retrofit of 4 reservoirs $7.57 million SWRCB DWSRF Seismic Retrofit of 4 reservoirs $9.9 million SWRCB CWSRF WWTP expansion
52 Statement of Qualifications for the City of San Clemente Recycled Water Projects Grant Funding Assistance
37 $3.4 million SWRCB DWSRF Water pipeline Rehabilitation $2 million DWR Urban Multibenefit AMI System
$500,000 Bureau of Reclamation WaterSMART AMI System
Grant Writing Services City of Carlsbad, CA (2019-Present) ESS worked closely with local representative offices and various City departments to identify projects that would rank best for selection and has been very successful in preparation of grant applications that resulted in funding allocations in both 2021 and 2022.

ESS has been working with various City Department to identify potential projects and grant opportunities for funding.

Grant
Amount Funding Agency Program Projects
$4 million Community Project Funds Annual Allocation -2022 Veterans Park $5 million Community Project Funds Annual Allocation -2021 Neighborhood
Revitalization
$4.6 million SWRCB CWSRF SCADA System
$1.2 million FHWA HSIP multiple projects
$15 million Multiple agencies Pending Grade Separation
Grant Writing Services City of Sacramento, CA (2020-Present) ESS has provided the City of Sacramento’s Department of Utilities (DOU) with grant writing services for various projects and funding programs since 2020. ESS has been working with several City Utility and Parks Department staff to identify potential projects and grant opportunities for funding.

Grant Amount Funding Agency Program Projects
$1.5 million BOR WaterSMART Well Improvement
$5 million Caltrans Clean CA Parks Expansion
$9.4 million SWRCB SRF Pump Station
$500,000 BOR Water/Energy Efficiency Turf Removal
53 Statement of Qualifications for the City of San Clemente Recycled Water Projects Grant Funding Assistance
38 REFERENCES
City of Long Beach-Water Department: Dean Wang, PE/ Water Resources Manager/ (562) 570-2311/ [email protected]
ESS has been providing grant assistant services that started with a need’s assessment and review of the Long Beach Water District’s (LBWD) CIP projects and unfunded projects. ESS presented a funding strategy of funding opportunities that matched these priority projects that was approved by LBWD. ESS has secured awards for several projects from various sources.

City of Santa Ana: Nabil Saba, PE/ Executive Director/ (714) 647-3380/ [email protected] ESS has been under contract and provided on-call grant writing services for the City for multiple projects since 2017. ESS has been successful in securing and managing multiple grants from various funding sources for the City.

City of Sacramento: Tyler Stratton/ Program Specialist/ (916) 808-1284/ [email protected]
ESS has work closely with the City and its Department of Utilities (DOU) to submit various applications that have had a high success rate.

City of Carlsbad: Jason Haber/ Intergovernmental Affairs Director/ (760) 602-2049/ [email protected]
ESS was selected for the as-needed grant writing services and has been successful in award of over $14.8 million in the last two years.

Turlock Irrigation District: Philip Govea/ Civil Engineering Department Manager/ (209) 883-3447/ [email protected]
ESS has provided Turlock Irrigation District with grant writing services for several successful BOR grants.

ESS has recently completed a grant application for the FEMA/CalOES Hazard Mitigation Grant Program for seismic retrofit of the Turlock Lake Dam.

City of Downey: John Oskoui, PE/ Assistant City Manager/ (949) 350-9225/ [email protected] ESS has assisted the City with several applications and assessments.

THIS IS WHAT OUR CLIENTS SAY ABOUT US:

ESS really wants to help our City. Very organized and follow up is incredible. If you work with Sudi you will see that she makes every effort to be a huge support and not a burden. She takes care of her clients and you can tell she is passionate about what she does. ESS works to collect the information themselves instead of asking you for it and are very responsive when we have questions. ESS would be an asset to you. Kris Jensen, Public Works Director, City of Hemet
You couldn’t pick anyone better to help you get and find grant funding. A great resource that won’t leave you hanging once the grant comes in and would guide you through the process and be happy to 54 Statement of Qualifications for the City of San Clemente Recycled Water Projects Grant Funding Assistance
39 answer any of your questions after the fact. Doug Erdman, Principal Civil Engineer, City of Lake Forest
She has been very responsive and has tried to keep all staff on track by checking in and urging us to keep the ball and direct contact with the project managers with the Green Project Reserve. They are really on top moving. From a customer service prospective ESS has been great, and their services are pretty affordable. ESS has a good relationship of the timeline and has been helping to keep us all motivated. Erik Brown, Novato Sanitary District
Sudi with ESS is an expert and is extremely knowledgeable on what pieces of the process will need to be put where, and in what order. Carefully orchestrated. Betty Burnett, General Manager, SOCWA If you want to get grant funding, ESS is the expert and involved in the “grant community” and has been extremely successful. Larry Pierce, Public Works Director (former), City of Vista We had a wish list of the things we wanted to accomplish, and ESS found the funding which matched our goals most. ESS made it clear what we could actually apply for. ESS knows all of the ins and outs of the application process. The rules change all of the time, and ESS is quite knowledgeable. ESS is also very thorough in their follow through. Finding ESS has been a big plus for the City. ESS was highly recommended to us. Rick Moreno, Facility Manager, City of San Bernardino

FEE PROPOSAL
Position Rate
Principal $185.00
Project Manager $175.00
Technical Experts – FEMA/others $205.00
Sr. Grants Analyst $155.00
Grant Analyst / Management Analyst $135.00
Technician $120.00
Administration/Clerical $73.00
55 i
The City of San Clemente
Statement of Qualifications for the City of San Clemente Recycled Water Projects Grant Funding Assistance
August 15, 2022
Submitted By:

Engineering Solutions Services
23232 Peralta Drive, Suite112
Laguna Hills, CA 92653
(949) 797-6055
56 Statement of Qualifications for the City of San Clemente Recycled Water Projects Grant Funding Assistance
ii

COVER LETTER
Amir Ilkhanipour August 15, 2022
Senior Civil Engineer
The City of San Clemente
910 Calle Negocio
San Clemente, CA 92673
Re: Request for Statement of Qualifications (SOQ) for the City’s Recycled Water Projects Grant Funding Assistance
Dear Mr. Ilkhanipour,
Engineering Solutions Services (ESS) welcomes the opportunity to submit this SOQ to provide on-call grant research, writing, management, and compliance services for the City of San Clemente (the City).

Our goal is to bring in the maximum available grant funding for the City. Having secured more than $530 million in the past ten years in a variety of projects, we bring an unmatched level of experience to identify and assist the City with developing a strategic plan and prepare winning applications to ensure an expedited and successful funding award.

What sets ESS apart is that we are not just a funding company but former municipal managers with technical and funding expertise that has earned deep-rooted relationships with funding agencies. As such, we are aware of upcoming funding opportunities and have been achieving the highest awards of projects by preparing credible reports and strategizing timely submittal of applications on behalf of our clients. In addition, ESS team is comprised of a diverse collection of technical experts in water utility, Transportation, Federal Emergency Management Agency (FEMA), Climate Change, sustainability, and alternative energy solutions.

We are aware of the City’s three priority recycled water projects and have reviewed the City’s Capital Improvement Projects and as it is demonstrated in our SOQ, we have a proven track record in successful award of grants for the types of projects the City has listed.

We will use our expertise to conduct a needs assessment and leverage our relationships with the funding agencies to identify grants, and work with City staff to secure those grants. We are also proficient in grant management and meeting compliance requirements of Federal and State funding. Effective, full-circle strategies like these are key to obtaining the most possible grant award funding for the City’s projects.

I will serve as the program manager for this contract, and as the Principal of ESS (S-Corporation), I am fully authorized to legally bind ESS in agreements with the City of Pico Rivera. I can be reached at (949) 637- 1405 or via email at [email protected]. My project team and I look forward to working with you and all the City staff to develop a work plan that identifies grants that meet the short and long-term needs of the City and answering any questions you may have about our proposal.

Sincerely,
Sudi Shoja, PE
Principal
57 Statement of Qualifications for the City of San Clemente Recycled Water Projects Grant Funding Assistance
iii
Table of Contents
COVER LETTER .............................................................................................................................................. ii FIRM BACKGROUND.....................................................................................................................................1 RANGE OF SERVICES AND RECENT SUCCESSES............................................................................................5 SCOPE OF WORK...........................................................................................................................................6 QUALIFICATIONS OF KEY PERSONNEL .......................................................................................................18 RELEVANT PROJECT EXPERIENCE...............................................................................................................35 REFERENCES................................................................................................................................................38 FEE PROPOSAL............................................................................................................................................39 58 1

FIRM BACKGROUND
Our Core Business is Funding
Engineering Solutions Services (ESS) was founded by Sudi Shoja, PE, a former City Engineer who has more than 29 years of experience in managing CIP and Water and Sewer programs of over $100 million. She founded ESS in 2012 with the goal of assisting local entities in achieving their goals in funding and compliance, program management, quality assurance/quality control, and project delivery. She leverages her successful experience with transforming the agencies where she worked from losing funding to securing the maximum grant funding possible, meeting the various funding agency requirements, and serving as examples for successful audit processes. As a result, she has earned a reputation that gained us our impressive repeat client list in a short timeframe. Included below are a few examples:
• Qualified our grant to receive over $30 million for recycled water projects
• ESS applications received over 30% of the awarded funds from Bureau of Reclamation for its clients in March 2022
• ESS applications received 20% of the awarded funds from Department of Water Resources for its clients in December 2021
• ESS submitted application received the highest ranking in the recent Santa Ana Watershed Project Authority (SAWPA) grant solicitation. • Received approval from WIFIA for over $50 million for two stormwater projects
• The SRF application package for $103 million to SWRCB was approved in record time and with no comments
• Successfully awarded $39.2 Million in greenhouse gas (GHG) reduction funding
• Unmatched experience in submittal of successful application for a variety of projects to Bureau of Reclamation (BOR)
• Identified more than $20 million in water quality grants for two agencies
• Developed a funding plan for the City of Santa Ana that identified more than $25 million in grant funding in water, recycled water, and sewer projects
• Prepared successful cogeneration project application for $8 million in funding
• California Office of Emergency Services (CalOES) has recommended multiple grant applications prepared for seismic retrofit, climate change Our Clients
Served as prime or subconsultant
South Coast Water District
Long Beach Water District
City of Santa Ana
City of Laguna Beach
City of Newport Beach
City of Redondo Beach
City of Lake Forest
City of Laguna Woods
City of Villa Park
City of Laguna Niguel
County of Orange
City of Irvine
City of Palm Springs
SANDAG
City of Oceanside
City of Carlsbad
City of Encinitas
City of San Marcos
Port of Long Beach
MSWD
CVWD
SOCWA
San Bernardino Municipal Water
Dept
Desert Water Agency
Chino Basin WCD
Humboldt Bay County WD
Los Angeles Metro
City of Tustin
CA Earthquake Authority
City of Hemet
City of Perris
City of Banning
City of Richmond
59 Statement of Qualifications for the City of San Clemente Recycled Water Projects Grant Funding Assistance
2 and sea level rise, fire, and flood control to U.S. Federal Emergency Management Agency (FEMA) for funding.
• Restructured a grant application for energy efficiency that resulted in more than $5.1 million of grant funding & $32 million in SRF funding for the City of Palm Springs • Created a funding strategy for the City of Hemet that resulted in $6 million in savings and more than $15 million in funding
• Successfully awarded Proposition 84 grants in two cycles • Successful management of various federal, state, and local grants for projects up to $280 Million through 11 different funding sources
• ESS arranged for a funding fair attended by SWRCB, FEMA & County representatives ESS is comprised of former agency personnel who are thoroughly familiar with the intricate details of various funding requirements and excel at strategic planning for clients to maximize the potential for securing grants, successful management for meeting the requirements, obtaining proper authorization and reimbursements and positive audit process of the projects. ESS is certified as a Disadvantaged Business Enterprise (DBE) and Small Business Enterprise (SBE) with 12 employees at its office in Laguna Hills.

Engineering Solution Services fully understands the inner workings of the regional and municipal government process. Comprised of former government engineering and traffic managers, we have been confronted with many of the same design, budget, schedule and project-delivery challenges that face our client governments.

This understanding allows our people to think like public agencies and address the challenges they are facing with proactive, well-planned, cost-efficient, and innovative solutions tailored to your needs. We approach every project strategically and scale our resources to fit the agency and scope of work.

ESS specializes in various funding resources, such as: Integrated Regional Water Management (IRWM), Santa Ana Watershed Project Authority (SAWPA), Groundwater Grant Program (GWGP), Department of Water Resources Water Desalination Grant Program, CA Department of Water Resources Control Board for Green Project Reserve (GPR) and State Revolving Funds (SRF), Infrastructure Finance & Innovation Act (WIFIA), Water Infrastructure Improvements for the Nation Act (WIIN), Environmental Protection Agency (EPA), US Bureau of Reclamation (BOR) WaterSMART, Title XVI, Proposition 1B, Water Department of Water Resources (DWR), Proposition 68, Proposition 84, FEMA related grants, Air Quality Management District (AQMD), California Air Resources Board (CARB), Community Development Block Grant (CDBG), Commerce-Economic Development Administration, funding for brownfields and remedial services, environmental Bicycle Transportation Account (BTA), Safe Route to Schools, High Priority Projects (HPP), local tax measures, TIGER Grants, and numerous other grants Our services include: Fund Strategy Development, Grant Writing, Grant Management & Fund Compliance
We have secured over
$530 million for various
agencies in the past ten
years.
60 Statement of Qualifications for the City of San Clemente Recycled Water Projects Grant Funding Assistance
3 We are committed to being accountable and sharing ownership of the product and service. We believe that successful projects are a result of a well-managed and motivated team. Our team members possess a proven ability to establish and implement best practices, maintain continuity and flexibility, and deliver timely responses. We offer accessibility to a network of experts to address unique needs.

We believe in doing the job right the first time. Our commitment to providing excellent customer service has gained us repeated clients and contracts. We understand the challenges and requirements of municipal governments since many of our staff have held senior and executive management positions with California cities, including Public Works Directors, City Engineers, Capital Project Managers, and Construction Managers. This background and experience are important because document preparation will require a high level of interaction with the state project managers.

ESS is the right team to provide the consulting services for identifying and securing grants, finalizing agreements and monitoring funding compliance.

We work as your partner, incorporating grant funding conversations in the process of each project as early as possible in order to maximize the potential for planning grant funding as well as implementation grand funding. Proprietary tools, such as our Work Plan Structure (WPS), in conjunction with our team’s extensive experience and relationships with funding agencies, make this process easy.

We strive to exceed
expectations, not just
meet them
61 Statement of Qualifications for the City of San Clemente Recycled Water Projects Grant Funding Assistance
4 Agency Projects Funding Sources Value(millions)
City of Belvedere Sea Level Rise, Erosion Control Dept of Parks, FEMA/BRIC $ 26.00 City of Carlsbad Parks, SCADA, Street Improv, CPF, ATP, HSIP, SWRCB $ 14.30 Central Basin Municipal Water District Multiple Recycled Water Projects various funds $ 19.90 Chino Basin Muni Conservation District Channel Diversion BOR, MWD $ 1.00 City of Colton Reservoir FEMA/CalOES $ 6.00
City of Commerce Traffic Signal Coordination HSIP $ 1.00 Coachella Valley Water District AMI, Stormwater WIFIA, FEMA, BOR $ 58.50 City of Downey Water Quality SWRCB $ 8.00
Desert Water Agency Water/Energy Efficiency BOR $ 0.50
City of Fort Bragg Water Supply Pipeline & Reservoir DWR/SWRCB $ 19.50 City of Hemet Multiple Projects Flood, LPP, HBP, Prop 68 $ 28.00 City of Indian Wells Stormwater DWR $ 0.60
Ctiy of Irvine Multiple Projects ATP, HSIP $ 2.00
City of Long Beach Complete Street Project LPP $ 2.88
Long Beach Water Department Parks, AMI, Wells, RW BOR, SWRCB, $ 12.00 Mission Springs Water District Water/Energy Efficiency BOR $ 0.30 City of Newport Beach Emergency Management FEMA/Cal EMA $ 9.00 Olivenhain Water District AMI BOR $ 0.50
Orachard Dale Water District Seismic Retrofit FEMA/CalOES $ 4.00 City of Palm Springs WWTP, Cogeneration Project SWRCB SRF/GPR $ 37.00 City of Petaluma AMI, RW DWR $ 11.65
City of Redwood City RW & AMI SWRCB $ 7.00
San Bernardino Associated Government Multiple Projects/GHG Reduction TIRCP/DOT $ 39.20 San Bernardino Municipal
Water Department
Recycled Water Expansion
Water & Sewer

FEMA, SWRCB

BOR, DWR
$ 21.00
City of Sacramento Parks, Water & Sewer, Storm water Parks, BOR, SWRCB $ 13.10 City of Santa Ana RW, Energy, Water, Sewer Various $ 8.62 Santa Clarita Valley Water Agency AMI, Wells, PFAS BOR, Title XVI $ 4.00 South Coast Water District Water & Sewer SRF, BOR $ 103.00 Turlock Irrigation District Parks, water/energey, Dams Dept of Parks, FEMA, BOR $ 3.70 City of Tustin Multiple Projects ATP, HSIP $ 3.00
Valley Sanitary District Recycled Water Expansion Prop13 & 68 $ 0.15 City of Vista Parks, Storm Water, Bike
Trails,Sewer, Streets
Prop 84, EPA, HSIP,
SWRCB
$ 64.00
City of Wildomar Storm Water, Bike Trails, Streets FEMA/CalOES, ATP, HSIP $ 2.70 $ 532.10
62 Statement of Qualifications for the City of San Clemente Recycled Water Projects Grant Funding Assistance
5 RECENT SUCCESSES

ESS IS A ONE-STOP-SHOP FOR GRANT FUNDS
ESS advocates for its clients with various federal and state funding agencies and has been very successful in gaining their trust. ESS team members also work very closely with local representatives and Client lobbying firms to obtain discretionary funding allocations and support for our projects. In addition, ESS team members follow funding news and guideline development and prepare comments to benefit our clients.

We have established relationships with the following funding agencies:
• US Bureau of Reclamation
• FEMA/CA Office of Emergency Services
(CalOES) Pre-Disaster Mitigation and
Hazard Mitigation Planning
• California Department of Water Resources
• CA Public Utilities Commission
• Metropolitan Water District of Southern CA
• EPA
• Ocean Protection Council (Prop 68)
• State Water Resources Control Board
• US Energy Commission
• California Department of Parks and Recreation
• US Department of Commerce –
Economic Development Administration
• AQMD
• Various Conservancies and non-profit advocacy
organizations
In addition, ESS works directly with local representative offices to identify potential projects for funding and prepare the application packages. We believe several City projects will be ideal candidates for this funding. ESS can work directly with the representative’s office to learn more about the local preference and tailor an application for funding. We stay updated with new developments in the federal and local funding arena and will be able to offer grant sources matching City projects. As shown in our Project Understanding, ESS provides a broad list of in-house services.

RECENT ACHIEVEMENTS
ESS has received the below funding awards from the following sources in 2022:
• Qualifying our client to receive over $30 million for recycled water projects • Funding approval for over $31.8 million in CWSRF and DWSRF from SWRCB • Over $22 million from DWR Urban MultiBenefit Drought Resiliency Program • Over $9 million from Community Project Funds for a new Parks Project • Over $7.8 from Bureau of Reclamation for PFAS treatment, Drought Resiliency and Energy Efficiency Projects
• Recommendation of Over $16 funding for seismic retrofit from CalOES • Approval of $450,000 for master plan projects
63 Statement of Qualifications for the City of San Clemente Recycled Water Projects Grant Funding Assistance
6 SCOPE OF WORK
The ESS team believes in a full-circle approach to obtaining grant funding. This approach and the methodology behind it will encompass all aspects of the grant research, application development and management services identified in the RFP.

1. Develop Funding Strategy
• Conduct funding research to identify grant resources including but not limited to federal, state, and local agencies, as well as private foundations that fund municipalities for opportunities that match a specific the City project or program, the City’s strategic goals, legislative platform, or policy objectives
• Research grant opportunities identified by the City
• Provide the City with a summary of potential funding opportunities relevant to its needs on an on-going basis

2. Grant Writing Assistance
• Identify projects and analyze components that not only meet the funding requirements but are likely to rank high for award
• Prepare support letters, resolutions and staff reports on an as-needed basis following the City’s preferred style
• Compose grant proposals on behalf of the City as directed, including all technical sections, preparation of budget and schedule, preparation of exhibits such as graphs and schematics, coordination with the City staff and compiling demographic data and other necessary items for grant applications
• Develop timelines and checklists to ensure timely grant completion and submission • Submit grant applications for review and comments by the City’s project management team • Prepare Disadvantaged Community (DAC) related documentation using required funding agency portals
• Grant submission on behalf of the City

3. Grant Management Support
• Review the draft award agreements to identify all the general and specific requirements • Assist with the preparation and submittal of post-award reports and reimbursements that are required under the terms of the grant
• Track Disadvantage Business Enterprise (DBE) Requirements, perform American Iron and Steel (AIS) certification process, Buy America - Build America, monitor Davis Bacon Labor compliance requirements
• Participation in regulatory audit sessions

4. On-Call Grants Research
• Review projects and project components for applicability to grants as directed by the City. • Research applicable grants and prepare grant summaries • Communication with funding agencies for clarification and guidance 64 Statement of Qualifications for the City of San Clemente Recycled Water Projects Grant Funding Assistance
7 5. Optional Additional Services
• Provide design review and prepare specification sections to meet the terms of grant agreement and guidelines
• Assist in preparation of required California Environmental Quality Act (CEQA) • Prepare technical documents to support the grant applications and/or prepare RFP for technical services needed
Our goal is to bring in the highest possible amount of funding for the City. To achieve this goal, ESS brings its extensive experience and a highly qualified team to work closely with the City’s Project Manager to mold the City’s project components, to maximize eligibility and ranking under various funding programs.

We have the unique ability to distill and convey complex project information into funding agencies’ specific formats for grant applications. Our experience in coordinating, managing, and writing different types of applications has led to successful procurement of funding for many clients. Similarly, our experience with grant administration has enabled us to see another side of grant acquisition, wherein we can capitalize on this knowledge.

1. Develop Funding Strategy
The complex and elaborate process of obtaining funding can delay the ability to act. Our comprehensive knowledge of the funding process helps us conceptualize and develop an appropriate action plan, thereby maximizing success. We will identify eligibility requirements, likely availability of funding, terms, conditions, and other key parameters. Our step-by-step process to a successful application is shown in the following flow chart:

Identification Of Appropriate City Projects For Funding Once a Notice to proceed has been identified, Sudi Shoja will arrange a kick-off meeting with the City’s Project Manager and appropriate ESS staff to review and discuss the City’s project priorities, including the ones specifically mentioned in the RFP and CIP. Sudi will serve as a Project Manager and the point of 65 Statement of Qualifications for the City of San Clemente Recycled Water Projects Grant Funding Assistance
8 contact for the City. She will assign task managers and grant writers as needed (if multiple pursuits are followed at the same time) to best meet the project deadlines.

We believe that one of our most important tasks is to work with the City to position the projects for maximum ranking for various grant opportunities. ESS is well qualified to achieve this goal as our staff not only been responsible for similar activities in their former positions, but they also have developed strong relationships with the funding agencies that allow us to learn about funding goals for future cycles and present them to our clients.

Working with the City Project Manager, we will review and discuss the current status of projects, available funding, established priorities, project planning and design status, management preferences and regulatory requirements. With our thorough knowledge of available and historical funding opportunities and our technical expertise in managing similar programs, we will be able to recommend a strategy and ranking of projects for funding pursuits. Based on our experience, we will also be able to offer cost-saving measures such as multi-year grants on a program level in lieu of individual projects that will reduce the regulatory burden of managing various funding agreements and the cost of preparation of applications and compliance monitoring.

ESS believes the City will be best served by working together to create a strategy that enables us to write winning applications that will maximize funding for the City while minimizing the administrative burden on the City staff.
✓ ESS was able to qualify the Santa Clarita Valley Water Agency for $30 million for recycling water ✓ Review of City of Hemet’s bond options and developing a funding strategy resulted in savings of more than $13.5million for the City. In addition, analysis of the City’s CIP program and the unfunded list of projects resulted in identification of more than $28 million in funding. ✓ Working with the County of Orange, we recommended a strategy that resulted in submittal of an additional successful grant application for the same project, almost doubling the amount of funding County was expecting to receive.

Deliverable(s):
• Recommendation for Project Priority List with financial breakdown and timeline with pertinent information for funding pursuits.

Identification of Grant Resources
ESS team members keep up to date with the available Federal and State level funding alternatives for many types of grants, including water and sewer projects, as well as facility improvement and parks projects and energy savings for municipal facility updates. We attend various funding fairs, participate in providing input to guidelines for funding opportunities, and are subscribed to receive notices on available funding. ESS subscribes to various grant resources and will use this service to identify funding opportunities.

Established Relationships with Funding Agencies
We understand that successful grant funding consists of two-thirds planning and one-third writing.

With that in mind, we pride ourselves in our close relationships with funding agencies. Those relationships, plus appropriate and meticulous planning, allow us to obtain key information about the successful awarding of grant funds. One of the tactics used to ensure this strategy’s success is to identify 66 Statement of Qualifications for the City of San Clemente Recycled Water Projects Grant Funding Assistance
9 opportunities for in-person meetings with the funding agency when we are initiating a pursuit. We know this approach provides results from experience.

We have established relationships with the following funding agencies:
• US Bureau of Reclamation
• FEMA/CA Office of Emergency Services
(CalOES) Pre-Disaster Mitigation and
Hazard Mitigation Planning
• California Department of Parks and Recreation
• CA Public Utilities Commission
• Metropolitan Water District of Southern C
• Ocean Protection Council (Prop 68)
• State Water Resources Control Board
• US Energy Commission
• California Department of Water Resources
• EPA
• US Department of Commerce –
Economic Development Administration
• AQMD
• Various Conservancies and non-profit advocacy
organizations
We understand that the City has several key water and sewer projects and an aggressive Capital Improvement Program (CIP). ESS team members bring their extensive experience in developing and managing CIP programs to develop successful grant applications on behalf of our clients. Please see the table in the project experience section of this proposal as it provides a quick glance of our experience in preparation of grant applications for similar projects. ✓ ESS was aware of the additional grant funding available to the SWRCB and as such aligned the submittal of its applications such that they were well ahead of the competition and received the due attention.
✓ When applying for stormwater grants for Coachella Valley Water District, ESS arranged a conference call with EPA staff to discuss the two top-priority projects for the District and receive key input from grant funding project managers.

We will then use our extensive experience to match the City’s projects with the available funding options and develop a matrix of all potential funding alternatives specifically to match the City’s projects that will serve as a tool for the project team and the City staff to use.

As an example, our team members have been providing the available grants services for water and sewer projects to WaterReuse members on regular basis and will continue to provide this information for this contract as well. Information could look like the following table, based on projects:
67 Statement of Qualifications for the City of San Clemente Recycled Water Projects Grant Funding Assistance
10 We will evaluate the projects, review eligibility and potential project ranking, and provide recommendations to the City Project Manager, so that all relevant information is easily available to choose which grants to pursue.
✓ Our analysis of the unfunded plans of a project for the City of Palm Springs allowed us to recommend alternative grant opportunities that resulted in submittal of two additional successful grant applications, with $5.1 million awarded.
✓ Review of City of Downey CIP program and unfunded list of projects resulted in identification of a grant programs for the City for up to $8 million in funding.

Local, State, and Federal Funding Opportunities
PROGRAM Total
Allocation
Funds
Offered
this
Round
Purpose Eligible
Projects Status Anticipated Timeline Notes
SWRCB
Stormwater
Implementatio
n Grants/
Proposition 1
$200M $80M
Multibenefit SW
projects that
respond to
climate
change, &
are included
in an
adopted SW
Resource
Plan or
IRWMP
facilities
Implementation
projects
including but
not limited to:

Green
infrastructure;
SW capture; SW
treatment
Round 1 OPEN
TBD 2018:

Round 2
solicitations
for
implementati
on grants
Planning
grant
solicitatio
n closed in
March
($20M)
additional
round of
$100 M
for
implement
ation
grants
anticipate
d
DWR Water
Use Efficiency:

CA Revolving
Fund/ Prop 1
$10M $10M
Sustainable
funding
source for
urban water
use
efficiency
projects.

Dish/clothes
washer
upgrades;
Water-saving
plumbing
fixtures; Hotwater
recirculating
pumps; Leak
detection,
irrigation
upgrades;
Solicitation
opening soon
Summer
2017: Loan
applications
due
$5M for
loans to
local
agencies
for water
efficiency
upgrades;
$5M for
loans to
customers
for onsite
projects or
leak
repairs
DWR IRWM:

Implementatio
n Grants/ Prop
1 $418M statewide
$98M for LA
Region
TBD
Projects and
programs
that support
IRWM.

Surface
storage/GW
recharge; Water
conveyance;
Watershed
restoration/prot
ection
In
development
TBD: Round 1
solicitation for
implementati
on grants
Public
comment
period
ended
April 8,
2016
68 Statement of Qualifications for the City of San Clemente Recycled Water Projects Grant Funding Assistance
11 Deliverable(s):
• Funding Matrix identifying all available funding for the City’s Projects • Updated Funding Matrix on monthly or as-needed basis

2. Grant Writing Assistance
Once a funding source and a pursuit have been identified, ESS will arrange for a meeting and will come prepared with a Work Plan Structure (WPS), which is a matrix of the fund parameters. ESS prepares a WPS for all funding pursuits based on the detailed analysis of the Notice of Funding Opportunity (NOFO).

The WPS identifies detailed grant fund requirements and populating it will help identify the necessary documents and resources and areas of responsibilities between team members and internal deadlines.

The WPS will also serve as a tool for both the City staff and ESS team members to track the project progress and alignment with the funding. When developing the WPS, ESS will also note the implementation constraints that may have an impact on selection of the project elements. For example, most funding sources require that a grant agreement be in place prior to the start of construction. ESS will work with the City Project Manager to identify solutions and/or assist with reprioritization of the grant applications to meet the requirements. Topics commonly found in the WPS include:
• Eligibility criteria • Matching funds
• Budget needs • Maps and pictures
• Project programming requirements • the City’s prior grant management record • Submittal requirements • Evaluation criteria
• Resolutions and approval letters required from the Board of Directors • Technical reports: Benefit Cost Analysis, Environmental Reports, Life Cycle Analysis • Project readiness: CEQA status, Feasibility studies, Project design reports • Support documentations: certifications, forms, project reports A sample segment of a WPS appears below. It is organized for clarity and is an invaluable reference tool that is used throughout every project.

Deliverable(s):
• Work Plan Structure for the identified grant pursuit, such as the example below:
69 Statement of Qualifications for the City of San Clemente Recycled Water Projects Grant Funding Assistance
12 Targeted Approach for Maximum Scoring on Evaluation Criteria The first step for our targeted approach is to develop a full understanding of the project elements, project milestones, and available project reports. We will also study the previously awarded projects from the funding agencies and learn about the key points that may be overlooked for their simplicity. In developing the WPS, we will identify the primary and secondary evaluation criteria to help highlight the project strengths. We will work closely with the City Project Manager to identify the potential gaps, analyze alternatives, and recommend resolutions to minimize their impact. With this approach, ESS has added value for our clients:
✓ Review of City of Commerce projects resulted in changing the scope of work and a successful award of more than $1 million.
✓ Detailed evaluation of the grants has enabled us to advise the agencies if the project is not competitive and resulting in cost savings by not preparing grant applications.

WRITING-TO-WIN Approach
What sets us apart is that our grant writers are licensed technical experts in this industry and therefore have the ability to convey complex project information into the specific format of a grant application.

Using a targeted approach to analyze objectives and match goals to opportunities provides us with the details we need for our writing-to-win approach. Once a funding strategy is in place, the next challenge is to create a winning application. ESS brings its proven track record in creating an application package that will stand out among dozens, highlighting the project’s merit in full compliance with the instructions and limitations.

Requirements BY Schedule

3.2 Project
Description
Template
Project sponsors must provide descriptive information on the proposed Small Starts project and the regional public transportation system. FTA uses the information in the Project Description Template to understand the project and to establish a database of project characteristics and local contact information. All Small Starts project sponsors must submit ESS Week 1

3.3.1 Project
Identification
2-3 sentences on the essential characteristics of the proposed project (location, length, termini, number of stations, hours of service and frequency by time period) Week 1

3.3.5 Purpose of the
Project
Succinctly describe the specific ways that the proposed major transit investment will address the problems identified in the corridor. Week 1

3.3.6 Merits of the
Project
Describe how the project addresses the Purpose for the Project more effectively compared to other alternatives week 1 -2

3.4 Project Maps Week 1

3.4.3 Map Details:

Stations
Stations included in the project, marked in a distinguishable manner from existing transit stations and labeled. Stations with park & ride facilities should be further distinguished from others, either via markings or labels.

ESS Week 1

3.4.9 Map Details:

Legend A legend, scale and compass. ESS Week 1

3.6 Operations and
Maintenance
Costs

3.7 Capital Costs ESS Week 2

4.3 Cost Effectiveness Need to put in Trip information; Horizon Year; the project's annualized federal share.

See Page 16-17: FY18 Reporting Instructions for the Section 5309 Small Starts Criteria. ESS/City Week 2 ItemA2:H3

1.0 Introduction

3.0 General Reporting
Must submit to FTA documentation summarizing how operating and maintenance costs were developed.

Additionally, the following considerations apply:
• System-wide and route level operating cost data (and factors) are typically available as part of ongoing operations planning.

Electronic maps must be submitted for inclusion in Annual Report on Funding Recommendations and/or posting on FTA website. Maps should be 8.5x11 and be able to be copied in grey scale. Typical orientation for N/S is portrait and E/W is landscape. 70 Statement of Qualifications for the City of San Clemente Recycled Water Projects Grant Funding Assistance
13 This approach uses a high degree of expertise and creativity. ESS understands that impactful illustrations transform well-researched information into powerful persuasion. ESS has used the clarity of graphics and schematic drawings to show grant evaluators the client agency’s expertise and vision:
✓ For a Department of Water Resources grant, ESS provided pictorial highlights of the project’s energy-efficiency benefits matching the goals of the grant.
✓ For a cap-and-trade grant to reduce GHG emissions, ESS replaced the executive summary with graphics highlighting projects matching the grant focus, resulting an award of over $9 million. ✓ For another project, ESS used an AQMD pollution map as a base and plotted all of the appropriate, completed energy-efficiency projects.
✓ ESS application was ranked as one of the best and posted on FHWA website. FHWA asked Sudi for input and used the format created by ESS in a grant application as a requirement for future cycles.

Quantitative Analysis and Technical Reports
Depending on the grant requirements, ESS will work with the City Project Manager to receive the available technical studies, environmental documents and plans and specifications. We will then use our highly experienced team members to complete the technical write-up sections of the grants. As needed, and upon the City’s direction, we will be prepared to perform additional technical research and analysis to supplement the effort.

The ESS engineering team has been directly responsible for implementation of various CIP programs for transportation and street improvements, water and sewer projects and facility management and will bring their expertise to articulate the technical information of the grants.

Our expert grant writers will review the project documents to highlight the project’s strengths matching the grant goals to achieve maximum ranking of the application. ✓ Complex FEMA applications prepared by ESS have been approved by CalOES for funding. ✓ ESS prepared a successful and highly technical grant application for San Bernardino County Transportation Authority, providing detailed GHG reduction calculations, trip generation interpretations, and technologies for alternative fuel that resulted in a $30 million award.

Budget Analysis and Construction Planning
The ESS team will assist the City in identifying qualifying information to meet grant requirements for budgeting and construction planning. Budgets need to demonstrate project flexibility and scalability to make the grant applications more attractive and create opportunities to apply again even after a successful application’s award. Some areas of focus will include:
• Qualifying matching funds • Budget scalability
• Scheduling details • Implementation requirements for
allocation purposes
In one example of a successful
utility project, the technical
application for the $103 million
project received no comments
and was approved in record
time.
71 Statement of Qualifications for the City of San Clemente Recycled Water Projects Grant Funding Assistance
14 Disadvantaged Communities
Many funding opportunities allocate a certain percentage of the funding to projects benefiting DACs and therefore, it is imperative that the need and applicability is effectively demonstrated. For example, grants funded by the Department of Water Resources have historically allocated a percentage of the funding to benefit the DACs. Claiming benefits to DACs requires documentation and substantiation of meaningful benefits, as well as explanation of the methodology used for assuring accomplishment of those benefits. This identification must be based on geographic, socioeconomic, public health, and environmental hazard criteria (Health and Safety Code Section 37911).

ESS is acutely familiar with researching geographic equity and the degree to which the City’s DACs would benefit from a project. ESS will work with the City staff to identify projects in these communities and highlight the benefits in order to win the grant funding. ✓ A successful application for San Bernardino County
Transportation Authority demonstrated 41 DACs in the area.

Support Letters
Often, this aspect of a grant application is given only cursory attention and proves to be invaluable. At ESS, these potentially undervalued areas are key endorsements that ESS crafts in close cooperation with clients. ESS will recommend stakeholders to contact and will draft focus points that align with key ideas in the narrative and grant criteria so that support letters send strong, targeted messages.

Grant Application Review and Approval Process
For every project, ESS will assign a QA/QC manager, which is an important factor of a successful grant application. We will use our internal grant checklist to ensure the application package is ready for submittal. This process will follow the WPS and an internal guide for editorial quality.

To ensure grant applications are completed efficiently, ESS will arrange a meeting with the City Project Manager to answer questions, finalize budget, and schedule concerns and to further align the project with the grant goals and objectives. All final grant application packages will be submitted to the City for review and approval prior to submittal to the granting agency.

Deliverable(s):
• Final grant application package for submittal
• Status report on grant applications submitted
Technology
Many funding agencies have online grant submittal and management tools, including the DWR Bond Management System (BMS), California DWR’s Grants Review and Tracking System (GranTS), the State Water Resources Control Board’s Financial Assistance Application Submittal Tool (FAAST), and the federal government’s www.grants.gov website and the online submittal platforms for IRWM, BOR and some parks grants.

Demonstration of low-earning jobs in
cities of San Bernardino and
Redlands for a successful award of
more than $9.2 million
Demonstration of low-earning
jobs in cities of San Bernardino
and Redlands for a successful
award of more than $9.2 million
72 Statement of Qualifications for the City of San Clemente Recycled Water Projects Grant Funding Assistance
15 BOR

BMS

FAAST

IRWM

GranTS

Grants.gov

Furthermore, our team routinely performs grant management and administration services for funding by various agencies that utilizes some of the same portals.

Deliverable(s):
• Successful grant application packages for the City’s records • Submittal confirmations for the City’s records
Cultivating partnerships with other organizations
Both Sudi Shoja and Project Managers have extensive experience in managing multi-jurisdictional projects on behalf of various agencies. They have been able to create synergy between different clients to benefit all agencies and winning applications.
✓ We have been leading the efforts for Chino Basin Water Conservation Authority to partner with Inland Empire Utilities Agency on two application projects, recently funded by MWD. ✓ ESS arranged for support letters from other utility agencies to support the Coachella Valley Water District grant application and coordinated the effort to obtain results of a demonstration project benefiting all agencies in hot arid regions.

3. Grant Management Support
ESS has provided grant management and compliance monitoring services for federal projects on behalf of several agencies since the start of our company. As you will read in the subsequent sections, ESS’s approach to grant management and compliance monitoring is holistic and ensures that all management and compliance tasks are met efficiency and promptly. Our approach can be broken down into the below general tasks which are as follows;

1. Grant Management and Development of Work Plan Structure (WPS) for each phase

2. Compliance with all applicable federal, state and local regulations

3. Technical Narratives for basis of the projects including scope of work as it corresponds to the funding requirements, damages incurred, cost and schedule

4. Develop templates for project reporting needs to streamline the process

5. Reimbursement Requests for all eligible costs and all the FEMA required forms

6. Progress Reports as need to include narratives on scope of work, budget, and schedule

7. Grant closeout process

8. Record retention and audits
Summary of our general services for grants management is presented below:
73 Statement of Qualifications for the City of San Clemente Recycled Water Projects Grant Funding Assistance
16 ✓ ESS provided a thorough review of agreements with BOR for LBWD, identifying the sections that need to be added to construction documents.
✓ ESS has been providing compliance-monitoring and reimbursement services for City of Palm Springs’ $29 million wastewater treatment projects. In the final audit by the SWRCB, ESS was complimented by the auditors and received full approval of its processes. ✓ ESS has been providing successful grant compliance on a $280 million San Bernardino County Transportation Authority project that consists of more than 11 different funding sources.

Project Management
Status Reports
ESS will follow the City’s directions for timing and formatting of status reports and will revise it based on the input received from staff. The status reports in general will identify the following:
• Status of grant applications under development
• Submitted grant application details such as amounts, submittal dates and expected notices of funding
• Action items and timelines for tasks needing completion • Upcoming grant funding opportunities relevant to each project • Updates on any legislative items or funding opportunity guidelines affecting the City’s funding strategy plan
• Contract control information, responsible party and items needed from the City Deliverable(s):
• Comprehensive status Report on a periodic basis as determined by the City 74 Statement of Qualifications for the City of San Clemente Recycled Water Projects Grant Funding Assistance
17 Accountability
Simply put, we take ownership of our work. The ESS team is built on the principles of performing high quality work where the Principals are directly involved and accountable for the projects we submit.

Working together, with transparency and cooperation between ESS and our clients, this overall approach to grant-writing contract projects have helped ensure our clients’ success.

4. On-call Grants Research
ESS conducts weekly grants research and signs up for funding opportunity announcements for programs that align with client priorities. ESS will provide the City with a Grant Summary for all applicable funding programs. Grant summaries contain information about program goals, eligible project types, funding match requirements, due dates, and evaluation criteria.

5. Optional Additional Services
Additional Services
ESS staff are fully capable of bringing their extensive experience in design and construction of water utilities to provide additional services as needed. As former agency personnel, ESS team members are fully prepared to support the City Project Manager with all required analysis, reports, design review and specification sections, cost estimating, preparation of staff reports, and resolutions as needed.

ESS is also available to review the project documents prior to advertisement to make sure that specifications meet all the grant requirements such as those needed for Federally funded projects or EPA labor compliance requirements.
✓ SWRCB announced project readiness as a criterion for higher ranking 30 days prior to grant deadline. ESS staff used their technical expertise to prepare specifications on behalf of four agencies that all received the highest ranking and the requested funding. ✓ In an expedited grant application for the City of Santa Ana, ESS was tasked with preparation of all the grant requirement documents including CEQA, cost estimates and direct coordination with SCE and City’s consultants to finalize the technical reports for a successful award from BOR on a hydropower improvement project.
75 Statement of Qualifications for the City of San Clemente Recycled Water Projects Grant Funding Assistance
18 QUALIFICATIONS OF KEY PERSONNEL
ESS will assign the staffing based on the requested project needs, grant funding source, and staff expertise and will receive the Agency’s approval before assigning work to individuals. Additional resumes of ESS personnel will be sent to the City if they are needed to help with portions of any of the Projects listed in the Scope of Services.

Please see the below Organization Chart and resumes for key personnel proposed to provide the scope of services identified in the City’s priorities.

Sudi Shoja, PE, F.ASCE
Project Manager
Water Grant
John Robinson
Mir Fattahi, PE
Debbie Murphy, PE
Cassandra Hom, EIT,
Nima Varasteh, Ph. D
Candidate
Veeral Patel
James Klueber
Other Grants
FEMA/CalOES
Gary Sturdivan
Tamim Atayee, PE
Carlos Pineda, PE
GHG Reduction
Chenxia Li, Ph.D
Stan Klemanowicz, AIA,
PMI, LEED, PE: Energy
Efficiency
Funding Support
Services
James Klueber - Lead
Savannah Regan
Anna Segur
Kate Bernstein
76 Statement of Qualifications for the City of San Clemente Recycled Water Projects Grant Funding Assistance
19 Sudi Shoja PE, F.ASCE, Project Manager
Sudi brings more than 30 years of municipal engineering, grant and fund management experience. She has an extensive experience in securing and managing various federal, state and local funds, gaining successful audits in all cases. She has been responsible for budgeting, scheduling and implementation of annual funds of over $100 million for various agencies. Moreover, she has also held numerous leadership positions and served on committees with regional and local government, professional associations and philanthropic organizations to advance regional planning, transportation, policy issues and local interests.

Some of the grants she has successfully secured are: Bureau of Reclamation, FEMA and CalOES grants, State Water Resources Control Board, Proposition 1, 13, 68 & 84, Ground Water Grant Program, EPA Green Project Reserve, State Revolving Funds (SRF), Water Infrastructure Finance and Innovation Act (WIFIA), Local tax measures, and funding for climate change, environmental and numerous other grants from regional agencies. She is also very familiar with reimbursement procedures.

The following are a sample of Sudi’s success stories since 2012:
• Successful award on all Bureau of Reclamation grants
submitted to date.
• $50 million in WIFIA funding for two projects in 2018 • The $103 million application package was approved in
record time and received no revisions.
• Identified Green Project Reserve application for City of Palm Springs to bring in more than $5.1 million in grant funding.
• Award of more than $39 million in GHG reduction since 2016
Selected Project Experience
Grant Writing Assistance & Administration, Wastewater Treatment Plant and Cogeneration Projects, City of Palm Springs, CA
Responsible for coordination with state project managers to obtain approval for securing over $32 million of funding, $5.1 million in grants for SCADA, VFD, lighting, site development and cogeneration projects in just two applications on behalf of the City. Reimbursement for previously expended design and equipment purchases have been added to the project application. ESS has also been responsible for filing for all reporting, reimbursements and monitoring Buy America, DBE and prevailing wage requirements per EPA regulations for two successful audits by SWRCB.

As-Needed Grant Writing Services, Water and Sewer Department, City of Santa Ana, CA Responsible for identification of grant funding opportunities, preparation of a funding strategy that identified over $20 million in grant funding, successful grant applications and compliance-management services for grants from for BOR, SWRCB, SAWPA for over $20 million in funding.

Education: MS, Civil Engineering,
Purdue, 1983
Registration: Professional Engineer
CA, 42958, 1986
Affiliations:
• American Public Works
Association (APWA);
• American Society of Civil
Engineers (ASCE);
• Woman in Transportation
International (WTS);
• Construction Management
Association of America (CMAA);
• California Emergency Services
Association (CESA)
Years of Experience: 30
77 Statement of Qualifications for the City of San Clemente Recycled Water Projects Grant Funding Assistance
20 As-Needed Grant Writing Services, Long Beach Water Department, Long Beach, CA Responsible for identification of grant funding opportunities, preparation of a funding strategy and preparation successful grant applications for Bureau of Reclamation Drought Resiliency and Water Energy Efficiency Grant Programs, and Title 16 and compliance-management services for the Department. ESS has identified and applied for grants over 3.5 million since 2018.

As-Needed Grant Writing Services, Coachella Valley Water District, Coachella Valley, CA Responsible for preparation of successful applications to WIFIA for funding over $50 million for two projects. Also, prepared two successful applications for FEMA funding that were approved by CalOES to FEMA for funding, preparation of a successful application for AMI demonstration project from Bureau of Reclamation Funding
Grant Writing Services, Multiple Projects, City of Hemet Water Department, Hemet, CA Responsible for preparation of grant application packages for more than $10 million in grant and $18 million in SRF loan for Automated Water Metering, master plans. water distribution system upgrades and sewer collection system on behalf of the City.

Storm Water & Recycling Grants, City of Downey, CA
Responsible for identification & application of successful $4 million for stormwater quality project that and submittal of a grant application for a recycling project.

Grant Assistance Services, South Coast Water District (SCWD), Laguna Beach, CA Project manager responsible for securing the $103 million Clean Water Act state revolving fund loan from the State Water Resources Control Board. Coordination with state to obtain approval in record time. Preparation loan application materials for the District’s Tunnel Rehabilitation and Replacement Project and assisting staff with all the required resolutions and documents. Provided on-call grant tracking and grant writing support for the District.

Three Application Packages for Sewer Improvement Projects, City of Laguna Beach, CA Responsible for filing applications and coordination with State project managers to obtain approval for securing $10 million funding on behalf of the City. Projects involve upgrade of sludge export force main, treatment facility upgrades and sewer line rehabilitation throughout the City.

Fund Analysis and Grant Assistance, South Orange County Wastewater Authority (SOCWA), CA Responsible for review of overall engineering projects and financing alternatives and establish funding mechanism to apply for SRF funding on behalf of interested member agencies. 78 Statement of Qualifications for the City of San Clemente Recycled Water Projects Grant Funding Assistance
21 John Robinson
Mr. Robinson has more than 25 years of experience in engineering, construction management, project leadership/project management, operational/fiscal management and market sector strategy development focused most recently on recycled water programs and infrastructure. Mr. Robinson’s experience encompasses a variety of wastewater engineering, water reclamation and planning projects.

The clients he has provided services to are mostly municipalities and cities in Southern California and Arizona. The following is a quick summary of his skill set:
• Involved in feasibility/master studies and planning,
technology evaluation and recommendations, preparation of study and design reports for flaring and biogas design
• Experienced in design for wastewater facilities and expansion of existing facilities focused on primary, secondary and tertiary design, headworks, digester gas, biosolids handling. • Provided regulatory agencies coordination on water and wastewater permitting jurisdiction specifically with Regional Water Quality Control Board, State Water Resources Control Board and air quality boards.

Mr. Robinson provides technical direction and project oversight for the development of public infrastructure that includes pipelines, pumping stations, reservoirs, hydraulic structures, recharge basins, and wells. His technical expertise ranges from master planning and program management to final design and construction
implementation. As a project manager, he has on numerous occasions successfully led my project teams to complete the work within the project budgets and time schedules and with a high degree of responsiveness to the clients.

Relevant Experience
Strengths include client and project management, development of strategic marketing plans/business development, leadership of staff, staff mentorship and guidance, verbal/written communications along with fiscal analysis and financial management.

Terminal Island Treatment Plant Evaluation, City of Los Angeles Bureau of Engineering Project Engineer responsible for the evaluation of the viability of operation of the Terminal Island Treatment Plant. Recycled water evaluation leader with the project including conducting a series of public workshops with interested stakeholders to evaluate the TITP facility with regards to costs, operation, and long-term compliance with future treatment options and permitting requirements.

Education:

B.S., Civil Engineering,
California State University,
Long Beach, 1993
Registration:

Engineering-in-Training,
California, Registration No.
109865, 1997
Professional Engineer – CA
(pending)
PROFESSIONAL AFFILIATIONS:

American Society of Civil
Engineers
California Water Environment
Association – Los Angels Basin
Section
Orange County Water
Association
Water Environmental
Federation
WaterReuse Association –
Inland Empire and Los Angeles
Chapters
79 Statement of Qualifications for the City of San Clemente Recycled Water Projects Grant Funding Assistance
22 Program Management, San Jose Creek Water Reclamation Facility Feasibility Report, Upper San Gabriel Valley Municipal Water District Project Manager responsible for the evaluation of multiple technologies, including microfiltration, reverse osmosis, and UV for further treatment of Title 22 recycled water for discharge to the San Gabriel River. The advance wastewater treatment evaluation including evaluation of pollution prevention program and layout of a 12-MGD facility on limited space at the San Jose Water Reclamation Facility.

RP-1 Modifications, Inland Empire Utilities Agency Responsible for the RP-1 Dechlorination and Solids Process Upgrades Project as well as the Asset Management Project. The work encompasses conceptual design, detailed design, specifications, drawings and office engineering. The dechlorination station requires capacity expansion for the planned increased in wastewater reuse. The digester gas handling facilities will be expanded to 1300 scfm for improved hydrogen sulfide, humidity, VOC and siloxane removal. Gas handling upgrades will also include a 20,000 cubic foot digester gas holder and ultra-low emissions gas flare. Filtrate from the dewatering building will also be equalized for better flow management.

City of Rialto WWTP No. 5 Expansion, Chevron Energy Solution As the Principal in Charge for the City of Rialto WWTP No. 5 Expansion which is increasing from 6 MGD to 12 MGD including one primary, two aeration basins, two secondary and full integration with the existing facility. Responsibilities include project management, supervision of design, client coordination, meeting attendance.

Wastewater Treatment Plant Improvements, Fallbrook Public Utility District Project Engineer providing the following services: Screening and dewatering facilities, including the review of the cost effectiveness of press-type equipment versus more complex screening and separation, and the preparation of construction drawings and specifications for bidding. Centrifuge design involving preparation of a preliminary engineering design report, setting forth the most viable design concepts for thickening at the aerobic digesters, and the preparation of detailed construction drawings and specifications for bidding. 5 mgd Wastewater Treatment Plant with 2.5 mgd Title 22 Water Reclamation Facility, City of American Canyon Project Engineer this project currently in progress, which includes planning for a water reclamation project encompassing market assessment, hydraulic analysis, and facilities. Construction plans, specifications and estimates will be prepared for new and/or modifications to existing force mains, gravity sewers, and pumping stations, wastewater treatment plant and storage ponds. The recycled water facilities include 10 miles of recycled water pipeline, 5 miles of an industrial brine line, 1.5 MG above ground steel storage tank, and a recycled water booster pump station. Preliminary design of 4 miles of 16 recycled water pipeline, 9 miles of 6-inch recycled water and brine pipeline and 2 miles of 6-inch recycled water pipeline for the City of American Canyon 6-Inch Export Sludge Force Main Replacement, South Coast Water District/Aliso Water Management Association Project Engineer responsible for the design of approximately seven miles of 6-inch primary sludge force main in an environmentally sensitive regional park and City of Laguna Niguel Park. The design involved two creek crossings, a minor highway crossing, interface with the existing plant facilities, civil grading, and pigging equipment modification.

Replacement of East Primary Sedimentation Tank Scum Skimmers, South Coast Water District at South Coast Treatment Plant Project Engineer responsible for the development of the formal design plans for the demolition of existing skimmers; structural modifications; electrical details; installation of new helical skimmers; and, construction of fiberglass covers over the new skimmers. 80 Statement of Qualifications for the City of San Clemente Recycled Water Projects Grant Funding Assistance
23 Construction Cost Estimating for the 12.0 mgd Joint Regional Wastewater Treatment Plant, Aliso Water Management Agency Project Engineer the solids handling facilities project. Work involved included complete demolition and replacement of existing belt filter presses with new centrifuge dewatering, complete replacement of existing foul air scrubber systems with new chemical systems, a tractor-trailer truck loading building with dewatered sludge hoppers for overnight storage, and temporary dewatering and scrubbing systems to operate throughout construction.

Construction Cost Estimating for the 3A Wastewater Reclamation Plant Project Engineer for this project including full secondary treatment with activated sludge system, tertiary filtration, chlorination, and pumping of reclaimed secondary effluent for golf course irrigation and odor control.

Storm Drain Modifications at the Coastal Treatment Plant, South Coast Water District Project Engineer for the design including reviewing the existing culverts, performing a structural analysis to identify a feasible method of modification, and preparing of plans and specifications for the construction of the modifications.

Regional Plant No. 1 – Manure Digester Pilot Project, Inland Empire Utilities Agency, Ontario, CA Project Engineer working Inland Empire Utilities Agency (IEUA) in the development of pilot test protocol, facilities location, layout, facility implementation and “wet manure” delivery. The goal of this pilot digester gas project would be to demonstrate the application of high-rate anaerobic digestion technology to “wet manure” and quantify operational parameters including solids thickening and dewatering. An approximately 40,000 square foot facility has been designed and installed at the Regional Plant No. 1 (RP1) which is owned and operated by IEUA. It is expected that this project would utilize 60 tons per day of wet manure and generate 11 tons per day of exceptional quality organic fertilizer. An estimated 4.5 tons per day of salts and nitrates would be prevents from entering the groundwater. This project is part of a public-private partnership with area diary operators. One aspect of the technology being demonstrated would be equipment to receive, process and pump manure slurry into the digester. It is expected that this project will be operational by January 2002.

Project Manager, Biosolids Strategic Plan, South Orange County Wastewater Authority, CA Developed a biosolids management strategy utilizing current findings on disposal and composting alternatives, including consideration of local facilities totally for SOCWA and opportunities with other local agencies.

Technical Advisor, Elsinore Valley Regional Water Reclamation Facility, Lake Elsinore, CA The Regional Reclamation plant was originally designed under Mr. Robinson’s oversight as a conventional activated sludge oxidation ditch. In the most recent expansion, alternatives were evaluated to increase the degree of nitrification and denitrification. Innovations developed primarily by Kruger in Denmark were selected to provide the enhancement while preserving a high level of familiarity for the plant operators. Project included modifications of the existing digester lid system in order to capture and reuse digester gas.

Technical Advisor, Wastewater Treatment Plant Upgrade, Freeport,IL Mr. Robinson served as the lead technical advisor for upgrading the Freeport activated sludge plant to a nitrification plant with higher quality effluent and digester lid modification. The BIOSTYR biologically activated filter process was applied as a polishing nitrification system that was challenged by the Illinois EPA. They requested that the unit be followed by clarification, until the Contractor demonstrated that this final step was unnecessary to reliably meet standards.

Inland Empire Regional Composting Facility, Inland Empire Regional Composting Authority, Rancho Cucamonga, CA Project Manager working with Inland Empire Utilities Agency (IEUA) and County 81 Statement of Qualifications for the City of San Clemente Recycled Water Projects Grant Funding Assistance
24 Sanitation Districts of Los Angeles County (LACSD) on the due diligence and concept design contract to convert an existing 410,000 square foot IKEA warehouse into and enclosed aerated static pile. Project included siting study, preliminary design, permitting, final design including civil, mechanical, HVAC, instrumentation and electrical control design.

Regional Plant No. 1 Enclosed Aerated Static Pile, Inland Empire Utilities Agency, Ontario, CA Project Engineer working with Inland Empire Utilities Agency (IEUA) for the preliminary and final design on a totally enclosed aerated static pile composting facility located at Regional Plant No. 1. The contact was to develop a preliminary design report including design criteria, concept description, equipment analysis, ventilation and building environmental analysis, construction cost estimates basis upon traditional design/bid/build versus design build, permits and project schedule. Based upon the preliminary design report a final design was awarded based upon the traditional design/bid/build contract. It is expected that this project would utilize 10,000 tons per day of biosolids and generate 5,000 tons per day of exceptional quality organic fertilizer. It is expected that this project will be operational by Fall 2002.

Dairy Digester Pilot Project No. 4, Inland Empire Utilities Agency, Chino, CA Project Manager working with Inland Empire Utilities Agency (IEUA) to assist in the development of an anaerobic digester technology system pilot project for the treatment of dairy cow manure. The project represents a publicprivate partnership between IEUA, the Milk Producers Council, and Synagro to demonstrate a solution to the manure management issues in the Chino Basin. This facility was jointly funded by the United States Department of Agriculture and the State of California Energy Commission. The plug flow digester system operates at mesophilic temperatures to optimize volatile solids reduction and the production of biogas.

The project will utilize approximately 265 tons of manure at 14-percent solids and the overall system is flexible to accept a variety of dairy manure from dry corral manure to “wet manure”. Through the process, approximately 30-percent of the biogas will be used to generate electricity at the project site using four Capstone microturbines to run the plug flow digester and facility equipment, which will substantially reduce the operating costs of the pilot project. The remaining gas will be sent to two Waukesha generators to power the Chino Desalter I, which is on off-site groundwater desalting facility. The project is estimated to generate 1.75 MW of electrical power per day. Approximately 30 tons per day of digested manure will be dewatered on-site and transported to a composting facility and converted into a fertilizer/soil amendment product. In addition, this project will prevent approximately 12 tons per day of salts and nitrates from entering the groundwater. It is expected that this project will be operational by December 2001.

Dairy Digester Pilot Project No. 6, Inland Empire Utilities Agency, Chino, CA Project Manager working with Inland Empire Utilities Agency (IEUA) on an on-site dairy anaerobic digester technology system pilot project for the treatment of dairy washwater with manure. This facility was jointly funded by the United States Department of Agriculture and the State of California Energy Commission. The covered and lined lagoon digester system operates at mesophilic temperatures to optimize volatile solids reduction and the production of biogas. The system accepts approximately 95,000 gallons per day with 0.5-percent manure solids from the milking barns of the Koopal and Teunisson dairies. Through the process, all of the biogas will be used to generate electricity at the project site using one 30 kW Capstone microturbine the existing fully operational 1,900 cow Teunisson dairy. Waste heat from the microturbine will divert to an on-site greenhouse in order to demonstrate energy conversation. In addition, this project will prevent salts and nitrates from entering the groundwater. It is expected that this project will be operational by March 2002. 82 Statement of Qualifications for the City of San Clemente Recycled Water Projects Grant Funding Assistance
25 Tamim Atayee, PE, F.ASCE, Senior Project Manager
Mr. Atayee is a registered professional engineer with 31 years of experience.

Tamim works as a technical expert for grant applications that involve expertise in hydraulics, hydrology, water resource engineering, flood hazard mitigation, scour, sediment transport and stormwater management. He is a skilled designer and a capable manager and has authored many technical papers. Mr. Atayee is experienced in both numerical and physical modeling of hydraulic problems and has, amongst other things, developed hydrology and hydraulics software used as standards in the industry. As a subcontractor to the Western US Technical Evaluation Contractor to FEMA, he reviewed several map revision processes, such as Letters of Map Revisions, for projects that impacted flood hazard areas. On the other end of the process, as the technical representative for applicants, he successfully secured approval of several map revisions for land developers, public agencies, and mine property owners.

Tamim’s expertise and knowledge assist us in preparation of high-quality technical reports for grant applications that result in minimal comments and expedited review of applications.

The following are Tamim’s experiences and skills:
• Expert in preparing FEMA related grants related to flooding • Technical expertise that lend to writing highly qualified & credible reports for grant applications
• Trusted expert working with various Caltrans districts GPR application • Extensive experience in hydraulics, hydrology, water resource engineering, flood hazard mitigation, scour, sediment transport and storm water management.

Relevant Work Experience
Storm Water Grants, Coachella Valley Water District, Coachella Valley, CA Technical expert in development of successful intent letters and grant applications on two top priority projects for the district. Review of District documents and recommendations and preparation of grant sections to meet the funding goals.

FEMA Grant Applications, Coachella Valley Water District, Coachella Valley, CA
Responsible for review of agency documents for the two regional storm drain projects and preparation of successful phase I grant applications. Preparation of technical sections and interpretations to match the funding.

Development of required technical documents for the Benefit Cost analysis.

Sustainability Grants, Port of long Beach, Long Beach, CA Responsible for preparation of technical documents and all the necessary justifications for a sustainability grant funded by Homeland Security. Review of agency documents, preparation Education
MS Civil Engineering – Water
Resources, The George
Washington University
BS Civil Engineering, Old
Dominion University
Registration Professional
Engineer – California,
Colorado, Virginia
Years of Experience: 31
Instructor of Excellence (2009,
2010, 2011, 2012), National
Highway Institute
Fellow (F.ASCE), American
Society of Civil Engineers
(ASCE)
Distinguished Engineering
Educator, Lifelong Learning
Award, American Society of
Civil Engineers, Orange
County Branch
Outstanding Engineering
Merit Award, Orange
County Engineering Council
Outstanding Engineer of
Merit Award, American
Society of Civil Engineers,
Orange County Branch
Outstanding Civil Engineer
in Community Service,
American Society of Civil
Engineers, Los Angeles
Section
California Emergency
Services
Association (CESA)
83 Statement of Qualifications for the City of San Clemente Recycled Water Projects Grant Funding Assistance
26 of cost estimates, back up documents, exhibits and other information as needed Flood Assistance Grant Program, City of Wildomar, Wildomar, CA Prepared Benefit Cost Analysis (BCA), technical reports, cost estimate and all back up documentation.

Otay River Bridge, San Diego, CA
provided hydrologic, hydraulic and scour engineering services to assist with the design of the new State Route 125 Toll Road Bridge over Otay. The objective of the project was to characterize the hydraulics and scour potential and develop countermeasures to sustain the erosive forces to which the bridge substructure would be subjected.

Alta La Jolla Restoration, San Diego, CA
Responsible for independent assessment of the hydrologic, hydraulic and channel stability of outlet channel of a storm drain system in the private development, Alta La Jolla in San Diego, California. The objective of the project was to characterize the drainage and develop a concept to stabilize the eroded outlet channel.

Caltrans Drainage Law & floodplain Issues Course Development & Delivery, CA Responsible for development of two one-day courses and delivery to various Caltrans Districts in the state. Class material was developed for highway designers to discuss hydrology and hydraulic & identify issues pertaining to floodplains and effective discharge, minimize liability to public agencies short courses for FHWA, and Caltrans Caltrans Expert Services, San Bernardino County, CA
Provided expert witness services to the San Bernardino office of Caltrans for a successful conclusion of the case.

The area of expertise included hydrology, hydraulics and sediment transport for the flood damage analysis of Lobecks Pass in a lawsuit case against Caltrans by Pacific Gas & Electric Company. This project involved providing court testimony, and forensic analysis of the historical records 84 Statement of Qualifications for the City of San Clemente Recycled Water Projects Grant Funding Assistance
27 Debbie Murphy, PE, Water/Sewer Funding Expert
Debbie has been responsible for successful grants from various agencies such as Bureau of Reclamation (BOR), State Water Resources Control Board and Santa Ana Watershed Project Authority for various water related projects and State Water Resources Control Board grant applications. ALL the grants written by Debbie for BOR have been awarded for funding in the past three cycles.

She is also very knowledgeable in grants from Propositions 1, 13, 68 & 84. She has been actively involved in identifying funding opportunities and matching projects for maximum funding.

Debbie has been responsible for successful grants with multiple Bureau of Reclamation for various water related projects and State Water Resources Control Board grant applications. She has more than 30 years of professional engineering design and construction experience in the private and public sectors for public works projects related to water and sewer projects, and all aspects of water systems, including pipelines, wells, booster stations and reservoirs. She has immense mechanical and administrative expertise in all phases of plan review, constructability review, QA/QC of technical reports, and environmental process.

She is also highly skilled in identifying appropriate measures, policies and procedures to comply with federal, state, regional, and county laws, regulations, and environmental mandates.

Relevant Project Experience
Grant Assistance & Monitoring – City of Santa Ana, Long Beach Water Department, Mission Springs Water District, San Bernardino Municipal Water Department, CA Responsible for successful grant applications and compliance reviews for several State Revolving fund, Santa Ana Watershed Authority and Bureau of Reclamation funding including Title XVI, Drought Resiliency Grant Program, and Water and Energy Efficiency Grant Program. Debbie has been providing guidelines reviews for various funding compliance and grant requirements on multiple types of federal and state funding opportunities including Proposition 1, 13, 68, and 84.

Project Engineer, Multiple Cities, Department of Public Works Project Engineer in Water Division and Public Works responsible for planning, coordinating and managing technical, and field staff responsible for all aspects of the planning, design, award and construction of water projects including pipelines, reservoirs, wells and booster pump stations. Developed and administered budgets, prepared and processed RFPs and awarded/managed professional services and construction contracts. As Development Services Manager and Principal Engineer, responsibilities included environmental and entitlement review; developing and enforcing Conditions of Approval; technical plan review/approvals; developing department programs, policies and procedures; serving as liaison with the general public and the development community; researching, preparing and/or delivering reports and presentations to Commissions and City Council.

City of Cypress, Department of Public Works
Assistant Civil Engineer responsible for prepared of plans, specifications, cost estimates and contract documents for public works projects including street improvements, parks, and public buildings. Provided Education: BS, Civil Engineering,
University of the Pacific
Registration Registered
Professional Engineer in CA 43607
Years of Experience: 32
85 Statement of Qualifications for the City of San Clemente Recycled Water Projects Grant Funding Assistance
28 technical support and project management expertise, prepared staff reports and presentations to City Council and assisted in budget preparation of annual operating and multi-year CIP budgets. Prepared and administered grant applications for federally funded paving projects.

Albert C. Martin & Associate, Los Angeles, CA
Civil Engineer responsible for preparation of technical plans and specifications for public and private development projects, including grading and utility plans; hydrology and hydraulic calculations; design and coordination. Project management responsibilities included budget, schedule, and quality control.

City of Hermosa Beach, Department of Public Works
Assistant Engineer responsible for administration of all aspects of the planning, design, construction and management of maintenance, engineering and capital improvement projects in the City, including projects related to streets, storm drains, sanitary sewers, parks and public buildings.

Mobil Oil Corporation, Los Angeles, CA
Project Engineer responsible for the delivery of construction projects, including removal and replacement of underground fuel storage tank facilities and construction of new service stations. Performed field investigation, developed cost estimate, prepared and issued bid package and cost analyses, evaluated and awarded bids, managed and supervised construction, and project budget. 86 Statement of Qualifications for the City of San Clemente Recycled Water Projects Grant Funding Assistance
29 Mir T. Fattahi, MsCE, PE, Water System Funding Expert Mir brings extensive experience in securing and
managing grants of more than $20 million from the
Bureau of Reclamation, CA State Water Resources
Board. He is highly knowledgeable on water and sewer
related funding pursuits and has successfully secured
and managed funding and project implementation on
behalf of various agencies.

He is experienced in directing projects and staff in fastpaced, results-oriented environments. He is an articulate communicator able to elicit outstanding
performance from a diverse array of professionals.

Highly successful in developing synergistic relationships to bring projects to completion on time and under budget, strong leadership, organization, and communication skills.

Mr. Fattahi has more than 35 years of extensive experience in all facets of water and sewer engineering, planning, design and project management; budgeting, scheduling, contract administration, change order management, claim analyses and mitigation; biddability/ constructability review, development and implementation of QA/QC procedures. He has led and managed major CIP infrastructure projects in water/wastewater including recycled water for various agencies in Southern California.

Selected Project Experience
State and Federal Grant Management, Project Manager Inland Empire Utilities Agency (IEUA), Chino, CA
Involved in securing and management of over $20 million Grant Funding Program from the Bureau of Reclamation for recycled water program including all the pipeline, pump station and reservoirs. Also managed the program and the funding for installation of the required laterals for the 7-member agency.

Various Agencies, Program/Fund Manager, CA State Water Resources Control Board (CSWRCB), CA Responsible for successful award, management of various SRF loan and other grant projects from CSWRCB for multiple agencies.

As-Needed Grant Writing Services, Water and Sewer Department, City of Santa Ana, CA Participation in identification of grant funding opportunities, preparation of successful grant applications for Bureau of Reclamation, State Water Resources Control Board, Santa Ana Watershed Authority and many more. Also, assisted with compliance-management services for the City.

As-Needed Grant Writing Services, Coachella Valley Water District, Coachella Valley, CA Involved in preparation of successful applications to WIFIA for funding over $50 million for two projects and a successful application for AMI demonstration project from Bureau of Reclamation Funding.

Grant Writing Services, Multiple Projects, City of Hemet Water Department, Hemet, CA Education: MS, Civil Engineering, CA State
University Long Beach, CA, 1992
Registration:
• Registered Professional Engineer in CA
59465; Certified Cross Connection Control
Specialist – USC
• General Engineering Contractor License
“A” (#969080)
• Principals of Supervision
• Supervisor’s Academy Cross Connection
Control – Certified by USC Foundation.
• Traffic Control, Trenching and Excavation
Years of Experience: 35
87 Statement of Qualifications for the City of San Clemente Recycled Water Projects Grant Funding Assistance
30 Preparation of grant application packages for more than $10 million in grant and $18 million in SRF loan for Automated Water Metering, master plans. water distribution system upgrades and sewer collection system on behalf of the City.

Storm Water & Recycling Grants, City of Downey, CA
Identification & application of successful $4 million for stormwater quality project that ranked one of the highest for funding and a submittal of a grant application for a recycling project.

Three Application Packages for Sewer Improvement Projects, City of Laguna Beach, CA Preparation of applications and coordination with State project managers to obtain approval for securing $10 million funding on behalf of the City. Projects involve upgrade of sludge export force main, treatment facility upgrades and sewer line rehabilitation throughout the City.

Water and Sewer Design, Principal-in-Charge Pomona, CA
Principal-in-Charge of designing 3,000 feet of water and sewer line planning and design for the City of Pomona.

Recycled Water Program, Project Manager/Engineer, Simi Valley, CA Project Manager/Engineer in charge of preparation of plans and specifications for recycled water connections, preparation of engineer’s report, cross connection testing and report, site supervisor training and issuance of certificate for Ventura County Waterworks District No. 8, City of Simi Valley.

Recycled Water Program, Project Manager/Engineer Fontana, CA Project Manager/Engineer in charge of preparation of plans and specifications for local lateral connections, preparation of engineer’s report, cross connection testing and report, site supervisor training and issuance of certificate for Fontana Water Company.

Water and Reclaimed Water Systems, Project Manager Aliso Viejo, CA Project Manager responsible for design and preparation of construction plans, specifications, and cost estimates for Oak Grove water and reclaimed water systems. The project consists of approximately 10,000 lf of water and reclaimed water pipelines designed for the Moulton Niguel Water District to be constructed in the community of Aliso Viejo. PVC and Ductile Iron Pipes were specified for this project.

Water, Sewer and Reclaimed Water Transmission Pipeline Design, Project Manager, Laguna Hills, CA Project Manager in charge of the design, contract document preparation and construction management of the Wood Canyon water, sewer, and reclaimed water facilities for the Moulton Niguel Water District.

The project consisted of 3 miles of water transmission pipeline, 2 miles of reclaimed water transmission pipeline, and 3 miles of gravity and force main sewers. Several pipe materials, including CML&C steel pipe, DIP and PVC pipe were specified based upon design requirements.

Recycled Water Program, IEUA, Project Manager Chino, CA Program manager of the Agency’s Recycled Water Program. Under my direction the recycled water use increase from 15,000 AFY to 37,000 AFY in 2.5 years with a target of 50,000 AFY by the end of 2012. The program involved site investigation, preparation of retrofit plans, preparation of engineering report, cross-connection testing, up to completion and energizing recycled water to the site. Users of Recycled Water include farmers, schools, industrial entities, golf courses, parks, and commercial office landscape areas. I worked directly with agency’s seven (7) member agency staff in planning, design, construction and expansion of the regional recycled water system. I also participated in the review of some of the member agencies recycled water and wastewater master planning efforts. 88 Statement of Qualifications for the City of San Clemente Recycled Water Projects Grant Funding Assistance
31 Capital Improvement Projects, IEUA, Project Manager Chino, CA Agency’s lead in regional recycled water project coordination with all member agencies and responsible for management of over $75 million in design and construction projects including more than 30 miles of 20-48 inch pipelines pump stations and reservoirs.

Sewer System Planning and Design, Project Manager Irvine, CA Project Manager responsible for preparation of Project Design Report (PDR) and final plans, specifications and cost estimates for approximately 4000 l.f. of 12" diameter trunk sewer in Barranca Parkway. The project also included the alignment study and the design for a 10" gravity sewer to replace two existing sewage lift stations and a 6" force main within the Orange Tree Development. The alternative sewer alignments and required coordination crossed several different properties including Irvine Valley College, Southern California Edison Company, City of Irvine, and The Irvine Company. The entire project was planned and designed to ensure that the sewage lift stations remain operational until such time when gravity sewers were constructed, and flows were diverted from the lift stations to the gravity sewer and before the lift stations could be dismantled. 89 Statement of Qualifications for the City of San Clemente Recycled Water Projects Grant Funding Assistance
32 Chenxia Li, Federal Funding Expert
Chexnia has over 20 years of experience and an extensive background in the capital planning process and in developing long-range capital improvement programs including regional and agency-wide transportation planning. She has
successfully secured and managed various federal, state, and local funding measures including FTA/FRA/FEMA/Caltrans, Highway Rail Crossing Safety Account (HRCSA), Highway
Safety Improvement Program (HSIP), High Priority Projects (HPP), Transportation community and many other grants.

Chenxia has been responsible for performing policy and financial analyses, negotiating agreements with FTA/FRA and other funding agencies, as well as the preparation and presentation of reports to agency board of directors.

James is highly skilled in identifying appropriate measures, policies and procedures to comply with federal, state, regional, and county laws, regulations, and environmental mandates.

Relevant Experience
San Bernardino GHG reduction Strategy, TIRCP 2018 Grant Application Package, San Bernardino County Transpiration Authority, San Bernardino, CA
Responsible for development of a successful grant application package for two significant projects in the region, meeting with CalSTA, preparation of GHG reduction and all narrative sections.

Redlands Passenger Rail Project, San Bernardino County Transpiration Authority, San Bernardino, CA Funding expert responsible for preparation of TIRCP, PTC and FTA grants for the $280 million project.

Facilitated meetings with grant funding agencies, prepared agendas and presentation topics.

Researched the available documents and prepared successful grant application packages. Advised on negotiations, grant agreements, and reporting needs.

Grants Manager, San Diego North County Transit District (NCTD), Oceanside, CA Responsible for final QA/QC during the BOR WaterSMART Drought Resiliency Projects grant writing process and assisted with various research, mapping, and grant writing tasks in order to submit the application promptly. Worked on 4 applications simultaneously and submitted all applications successfully and on-time. Each application was for $2 million in federal grant funding. • Administered NCTD grant programs and managed grant staff. Performed strategic, programmatic, and detailed grants management of NCTD’s federal, state, and local grant programs. • Coordinated with the San Diego Association of Governments (SANDAG) to forecast grant revenues for five-year capital improvement program. Developed recommendations to assign the grant funds to the capital and planning projects.
• Worked with the Federal and State funding agencies for grant application/ amendments/closeout.

Managed grant programs for requirements compliance.

Education: Ph.D. in Planning,
University of Southern California,
1992
Master of City Planning, University of
California at Berkeley, 1985
Bachelor of Engineering, Tongji
University, Shanghai, China 1982
Years of Experience: 22
90 Statement of Qualifications for the City of San Clemente Recycled Water Projects Grant Funding Assistance
33 • Maintained grant database using the JD Edwards system to ensure accuracy and grant compliance. • Prepared the required project progress reports, financial status reports, and grant closeout reports.

Ensured timely processing grant billings; reviewed the project expenditures against the approved project scope and in compliance with federal, state and local funding requirements; and validated appropriateness of supporting documents and justifications. • Developed and revised grant management procedures and the board finance policies. • Responsible for the SAFE schedule and the required single audit schedules. • Prepared responses to the FTA Triennial Review and Enhanced Technical Capacity Review.

BOR WaterSMART Water Energy and Efficiency, Santa Clarita Valley Water Agency, Olivenhain Municipal Water District, Desert Water Agency, City of Santa Ana, San Bernardino Municipal Water District
Responsible for final QA/QC during the BOR WaterSMART Water Energy and Efficiency grant writing process and assisted with various research, mapping, and grant writing tasks in order to submit the applications fully and promptly. He worked on 6 applications simultaneously for this opportunity. Each application applied for $500,000 federal grant funding.

Grants and Strategic Development Planner, Southern California Regional Rail Authority (SCRRA) • Coordinated with FTA/FRA/FEMA/Caltrans on the grant administration, led FRA/Caltrans quarterly reviews, analyzed federal and state transportation policies and funding programs, and communicated with staffers on grant issues.
• Worked with Engineering Department and Program Management Office on the programmatic issues pertaining to the capital rehabilitation and improvement projects, and prepared grant applications by closely working with the stakeholders. Participated in monthly project managers’ meetings, worked with all necessary parties to ensure implementation of grant- funded projects in compliance with the grant requirements and grant contract provisions. • Administered federal and state grants; prepared the grant fact sheets to disseminate grant information; tracked contract commitments and expenditures; prepared project progress and financial reports; responded to the grantors’ inquiries concerning grant compliance issues; performed the grant closeouts; and responded to the audit requests. • Tracked grant balances; reviewed proposed changes to the project scope to ensure consistency with the funding agreements; reviewed and validated the eligibility of project budget reallocations by fund source and by project; and ensured the grant records being updated with a documented audit trail.
• Performed timely and comprehensive analysis of capital budget versus actual expenditures at the project level and program level, and performed monthly, quarterly, and year-end reconciliations. • Maintained detailed grant records on all capital projects to ensure accuracy and integrity of the accounting records in the Oracle Financial System and reconciled the grant records. • Participated in various cross-functional meetings and task forces within the agency to address capital budgeting, financial analysis, allocation initiatives, and other funding and capital activities. 91 Statement of Qualifications for the City of San Clemente Recycled Water Projects Grant Funding Assistance
34 James Klueber, Analyst
James started his career as an analyst specializing in various water resource investments and is very familiar with
Californian water law, water systems, federal/state/local management plans, and water infrastructure. He is a team player and brings his can-do attitude to work every day. Currently, his primary role at ESS is to provide grant compliance monitoring, QA/QC support for all grant applications and funding opportunities. His work ethics coupled with his passion for helping build stronger communities is demonstrated in his work and aligns with our ideals and qualities at ESS.

James is highly skilled in identifying appropriate measures, policies and procedures to comply with federal, state, regional, and county laws, regulations, and environmental mandates.

Relevant Experience
Clean Water State Revolving Fund – Cities of Sacramento and Carlsbad, Valley Sanitary District, CA James has been working on submitting CWSRF applications to upgrade various components of wastewater treatment systems ranging from $4.5 to $35 million projects.

FEMA/CalOES Grant Applications, Cities of Pasadena, Sacramento, Belvedere, Oceanside, CA Responsible for preparation of supporting documentation and estimates for a variety of projects including seismic retrofit of Dam structures, City Hall and parking structure, bridge, reservoirs, and a sea wall project that met the approval of CalOES.

Grant Writing and Compliance – City of Santa Ana, CA
Responsible for compliance of multiple projects with multiple sources of funding, preparation of progress reports and reimbursement forms.

BOR WaterSMART Drought Resiliency Grant, Long Beach Water Department, Santa Clarita Valley Water Agency, City of Santa Ana, City of Sacramento, CA Responsible for final QA/QC during the BOR WaterSMART Drought Resiliency Projects grant writing process and assisted with various research, mapping, and grant writing tasks in order to submit the application promptly. Worked on 4 applications simultaneously and submitted all applications successfully and on-time. Each application was for $2 million in federal grant funding.

BOR WaterSMART Water Energy and Efficiency, Santa Clarita Valley Water Agency, Olivenhain Municipal Water District, Desert Water Agency, City of Santa Ana, San Bernardino Municipal Water District
Responsible for final QA/QC during the BOR WaterSMART Water Energy and Efficiency grant writing process and assisted with various research, mapping, and grant writing tasks in order to submit the applications fully and promptly. He worked on 6 applications simultaneously for this opportunity. Each application applied for $500,000 federal grant funding.

Local Partnership Program (LPP) Grant, City of Carlsbad and Long Beach, CA Responsible for final QA/QC during the LPP grant writing process and assisted with various research, mapping, and other tasks in order to submit the application fully and promptly.

Education: BS, Environmental Economics
& Policy, U.C. Berkeley, CA
Years of Experience: 2
92 Statement of Qualifications for the City of San Clemente Recycled Water Projects Grant Funding Assistance
35 RELEVANT PROJECT EXPERIENCE
Grant Identification, Writing, & Compliance Services, City of Santa Ana Utility Department, Santa Ana, CA (2017-Present)
ESS was selected in 2018 to provide needs assessment, grant identification, grant writing and compliance services for the Water and Sewer services Department. ESS started by reviewing the City’s CIP and unfunded projects and developed a funding plan by identifying grants. To date, ESS has prepared successful applications for Bureau of Reclamation, CalOES, Proposition 1, and State Revolving Funds that are near completion for the following projects:

Grant Amount Funding Agency Program Projects
$5 million Bureau of Reclamation Drought Contingency 4 Well Projects $1.5 million Bureau of Reclamation Water Energy Efficiency AMI System $10.1 million SWRCB DWSRF AMI - Pending
$5.2 million SWRCB DWSRF Well 32- In process
$75,000 SWRCB Prop 1 Water Recycle Master Plan
$100,000 SAWPA Well design
$75,000 Bureau of Reclamation Water Energy Efficiency Irrigation Improvements $1.5 million SWRCB CWSRF Septic to sewer- In process
$300k CalOES Community Power
Resiliency
Emergency Well Back-up
Generator
The above work has been completed since January 2018.

Wastewater Treatment Facility Upgrade, City of Palm Springs, Palm Springs, CA (2014-2019)
Responsibilities for the City of Palm Springs began with preparation of SRF loan applications for the $29 million Wastewater Treatment Plant Upgrade & 8 million for a cogeneration project. We arranged for a meeting with the SRF management in Sacramento and provided a presentation that assured adding this project to the priority list. During the complex process for this project, we were able to provide continuous coordination with three state SRF project managers and obtain approvals for every phase. This project was completed in March 2017. 93 Statement of Qualifications for the City of San Clemente Recycled Water Projects Grant Funding Assistance
36 In the process, ESS identified project elements that qualified for additional grants, resulting in successful award of more than $5.1 million in grants the City did not expect. We prepared Green Project Reserve grant funding application and exhibits for the following:
• Variable Frequency Drive • LED Lighting
• High Efficiency Motors • Combined Heat and Power Cogeneration • SCADA System Upgrade • Site Improvement
ESS also provided SRF compliance including project reporting, reimbursements, monitoring of AIS, DBEand prevailing wages that resulted in successful audit session. on behalf of the City.

Grant Writing Services, Long Beach Water Department, Long Beach, CA (2017-Present) ESS has been providing grant assistance services for each of the listed agencies that started with a needs assessment and review of the agency’s CIP projects and unfunded projects. ESS presented a funding strategy and matching opportunities to projects that was approved by the Long Beach Water Department (LBWD). ESS has prepared the following successful applications for LBWD:

Grant Amount Funding Agency Program Projects
$1.5 million Bureau of Reclamation WEEG AMI
$4.2 million Bureau of Reclamation DRP 4 Wells
$75,000 FEMA Training Emergency Response Training
$1.1.97 million BOR Title XVI 2 Recycled Water Projects ESS has been working with LBWD since December 2017 and ESS has been responsible for 100% of the work noted here.

Grant Identification, Writing & Compliance Services, San Bernardino Municipal Water Department, San Bernardino, CA (2018-Present)
ESS has been providing grant identification and writing services. ESS has been participating in several meetings with department director to identify fundable elements of a project and provide a funding strategy.

Grant Amount Funding Agency Program Projects
$5.5 million FEMA Hazard Mitigation Seismic Retrofit of 4 reservoirs $7.57 million SWRCB DWSRF Seismic Retrofit of 4 reservoirs $9.9 million SWRCB CWSRF WWTP expansion
94 Statement of Qualifications for the City of San Clemente Recycled Water Projects Grant Funding Assistance
37 $3.4 million SWRCB DWSRF Water pipeline Rehabilitation $2 million DWR Urban Multibenefit AMI System
$500,000 Bureau of Reclamation WaterSMART AMI System
Grant Writing Services City of Carlsbad, CA (2019-Present) ESS worked closely with local representative offices and various City departments to identify projects that would rank best for selection and has been very successful in preparation of grant applications that resulted in funding allocations in both 2021 and 2022.

ESS has been working with various City Department to identify potential projects and grant opportunities for funding.

Grant
Amount Funding Agency Program Projects
$4 million Community Project Funds Annual Allocation -2022 Veterans Park $5 million Community Project Funds Annual Allocation -2021 Neighborhood
Revitalization
$4.6 million SWRCB CWSRF SCADA System
$1.2 million FHWA HSIP multiple projects
$15 million Multiple agencies Pending Grade Separation
Grant Writing Services City of Sacramento, CA (2020-Present) ESS has provided the City of Sacramento’s Department of Utilities (DOU) with grant writing services for various projects and funding programs since 2020. ESS has been working with several City Utility and Parks Department staff to identify potential projects and grant opportunities for funding.

Grant Amount Funding Agency Program Projects
$1.5 million BOR WaterSMART Well Improvement
$5 million Caltrans Clean CA Parks Expansion
$9.4 million SWRCB SRF Pump Station
$500,000 BOR Water/Energy Efficiency Turf Removal
95 Statement of Qualifications for the City of San Clemente Recycled Water Projects Grant Funding Assistance
38 REFERENCES
City of Long Beach-Water Department: Dean Wang, PE/ Water Resources Manager/ (562) 570-2311/ [email protected]
ESS has been providing grant assistant services that started with a need’s assessment and review of the Long Beach Water District’s (LBWD) CIP projects and unfunded projects. ESS presented a funding strategy of funding opportunities that matched these priority projects that was approved by LBWD. ESS has secured awards for several projects from various sources.

City of Santa Ana: Nabil Saba, PE/ Executive Director/ (714) 647-3380/ [email protected] ESS has been under contract and provided on-call grant writing services for the City for multiple projects since 2017. ESS has been successful in securing and managing multiple grants from various funding sources for the City.

City of Sacramento: Tyler Stratton/ Program Specialist/ (916) 808-1284/ [email protected]
ESS has work closely with the City and its Department of Utilities (DOU) to submit various applications that have had a high success rate.

City of Carlsbad: Jason Haber/ Intergovernmental Affairs Director/ (760) 602-2049/ [email protected]
ESS was selected for the as-needed grant writing services and has been successful in award of over $14.8 million in the last two years.

Turlock Irrigation District: Philip Govea/ Civil Engineering Department Manager/ (209) 883-3447/ [email protected]
ESS has provided Turlock Irrigation District with grant writing services for several successful BOR grants.

ESS has recently completed a grant application for the FEMA/CalOES Hazard Mitigation Grant Program for seismic retrofit of the Turlock Lake Dam.

City of Downey: John Oskoui, PE/ Assistant City Manager/ (949) 350-9225/ [email protected] ESS has assisted the City with several applications and assessments.

THIS IS WHAT OUR CLIENTS SAY ABOUT US:

ESS really wants to help our City. Very organized and follow up is incredible. If you work with Sudi you will see that she makes every effort to be a huge support and not a burden. She takes care of her clients and you can tell she is passionate about what she does. ESS works to collect the information themselves instead of asking you for it and are very responsive when we have questions. ESS would be an asset to you. Kris Jensen, Public Works Director, City of Hemet
You couldn’t pick anyone better to help you get and find grant funding. A great resource that won’t leave you hanging once the grant comes in and would guide you through the process and be happy to 96 Statement of Qualifications for the City of San Clemente Recycled Water Projects Grant Funding Assistance
39 answer any of your questions after the fact. Doug Erdman, Principal Civil Engineer, City of Lake Forest
She has been very responsive and has tried to keep all staff on track by checking in and urging us to keep the ball and direct contact with the project managers with the Green Project Reserve. They are really on top moving. From a customer service prospective ESS has been great, and their services are pretty affordable. ESS has a good relationship of the timeline and has been helping to keep us all motivated. Erik Brown, Novato Sanitary District
Sudi with ESS is an expert and is extremely knowledgeable on what pieces of the process will need to be put where, and in what order. Carefully orchestrated. Betty Burnett, General Manager, SOCWA If you want to get grant funding, ESS is the expert and involved in the “grant community” and has been extremely successful. Larry Pierce, Public Works Director (former), City of Vista We had a wish list of the things we wanted to accomplish, and ESS found the funding which matched our goals most. ESS made it clear what we could actually apply for. ESS knows all of the ins and outs of the application process. The rules change all of the time, and ESS is quite knowledgeable. ESS is also very thorough in their follow through. Finding ESS has been a big plus for the City. ESS was highly recommended to us. Rick Moreno, Facility Manager, City of San Bernardino

FEE PROPOSAL
Position Rate
Principal $185.00
Project Manager $175.00
Technical Experts – FEMA/others $205.00
Sr. Grants Analyst $155.00
Grant Analyst / Management Analyst $135.00
Technician $120.00
Administration/Clerical $73.00
97 55452.01100\31193624.5
WORKER’S COMPENSATION INSURANCE CERTIFICATION

WORKERS' COMPENSATION DECLARATION
I hereby affirm under penalty of perjury one of the following declarations:
(ONE OF THE BOXES BELOW MUST BE CHECKED)
I have and will maintain a certificate of consent from the California Labor Commission to self-insure for workers' compensation, as provided for by Section 3700 of the Labor Code, for the performance of the work to be performed under this contract.

I have and will maintain workers' compensation insurance, as required by Section 3700 of the Labor Code, for the performance of the work to be performed under this contract. My workers' compensation insurance carrier and policy number are:

Carrier____________________________________________________ Policy Number______________________________________________ I certify that, in the performance of the work under this Agreement, I shall not employ any person in any manner so as to become subject to the workers' compensation laws of California, and I hereby agree to indemnify, defend, and hold harmless the City of San Clemente and all of its officials, employees, and agents from and against any and all claims, liabilities, and losses relating to personal injury or death, economic losses, and property damage arising out of my failure to provide such worker’s compensation insurance. I further agree that, if I should become subject to the workers' compensation provisions of Section 3700 of the Labor Code, I shall forthwith comply with those provisions.

WARNING: FAILURE TO SECURE WORKERS’ COMPENSATION

COVERAGE IS UNLAWFUL, AND SHALL SUBJECT AN EMPLOYER TO

CRIMINAL PENALTIES AND CIVIL FINES UP TO ONE HUNDRED THOUSAND DOLLARS ($100,000), IN ADDITION TO THE COST OF COMPENSATION, DAMAGES AS PROVIDED FOR IN SECTION 3706 OF THE LABOR CODE, INTEREST, AND ATTORNEY’S FEES.
98 55452.01100\31193624.5
Dated: ________________________, 20____
________________________________
Consultant
By: ________________________________
________________________________
Title
________________________________
Address
________________________________
Sudi Shoja, PE
August 23 22
Engineering Solutions Services
Principal
23232 Peralta Drive, Suite 112
Laguna Hills, CA 92653
99 55452.01100\31193624.5
EXHIBIT “C”

INSURANCE REQUIREMENTS

3.2.12 Insurance.

3.2.12.1 Time for Compliance. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section.

3.2.12.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Consultant, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so.
(A) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 0001, or the exact equivalent, with limits of not less than $1,000,000 per occurrence and no less than $2,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); or (3) containing any other exclusion(s) contrary to the terms or purposes of this Agreement. (B) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering "Any Auto" (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $1,000,000 combined limit for each occurrence. (1) a Personal Automobile Liability policy for the Consultant's own vehicle stipulating "Automobile Liability Insurance with a limit of not less than $1,000,000 each accident"; and (2) a non-owned auto endorsement to the Commercial General Liability policy if Consultant uses vehicles of others (e.g., vehicles of employees).
(C) Workers' Compensation: Workers' Compensation
Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease. (D) Professional Liability (Errors & Omissions): Professional Liability insurance or Errors & Omissions insurance appropriate to Consultant’s profession with limits of not less than $1,000,000 per claim. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least three (3) years from termination or expiration of this Agreement. 100
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3.2.12.3 Insurance Endorsements. Required insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
(A) Commercial General Liability:
(1) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement.

Additional Insured Endorsements shall not (1) be
restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Consultant; or (4) contain any other exclusions contrary to the terms or purposes of this Agreement. For all policies of Commercial General Liability insurance, Consultant shall provide endorsements in the form of ISO CG 20 10 10 01 (or endorsements providing the exact same coverage) to effectuate this requirement.
(2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (B) Automobile Liability:
(1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.

3.2.12.4 Professional Liability (Errors & Omissions):
(A) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (B) Contractual Liability Exclusion Deleted: This insurance shall include contractual liability applicable to this Agreement. The policy must “pay on behalf of” the insured and include a provision establishing the insurer’s duty to defend.

3.2.12.5 Workers' Compensation:
(A) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.

3.2.12.6 Primary and Non-Contributing Insurance. All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.

3.2.12.7 Waiver of Subrogation. All policies of Commercial General Liability and Automobile Liability insurance shall specifically allow Consultant or others providing 101
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insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against the City, its officials, officers, employees, agents, and volunteers, and shall require similar written express waivers and insurance clauses from each of its subconsultants.

3.2.12.8 Deductibles and Self-Insured Retentions. Any deductible or selfinsured retention greater than $5,000 must be approved in writing by the City and shall protect the City, its officials, officers, employees, agents, and volunteers in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.

3.2.12.9 Evidence of Insurance. The Consultant, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates on forms approved by the City, together with all endorsements affecting each policy. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.

3.2.12.10 Failure to Maintain Coverage. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced immediately so as to avoid a lapse in the required coverage, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement effective upon notice.

3.2.12.11 Acceptability of Insurers. Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A- VII and authorized to transact business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.

3.2.12.12 Enforcement of Agreement Provisions (non estoppel).

Consultant acknowledges and agrees that actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligation on the City nor does it waive any rights hereunder.

3.2.12.13 Requirements Not Limiting. Requirement of specific coverage or minimum limits contained in this Appendix are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance.

3.2.12.14 Insurance for Subconsultants. Consultant shall include all subconsultants engaged in any work for Consultant relating to this Agreement as additional insureds under the Consultant's policies, or the Consultant shall be responsible for causing 102
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subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City, its officials, officers, employees, agents, and volunteers as additional insureds to the subconsultant's policies. All policies of Commercial General Liability insurance provided by Consultant’s subconsultants performing work relating to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and volunteers as additional insureds using endorsement form ISO CG 20 38 04 13 or an endorsement providing equivalent coverage. Consultant shall not allow any subconsultant to commence work on any subcontract relating to this Agreement until it has received satisfactory evidence of subconsultant’s compliance with all insurance requirements under this Agreement, to the extent applicable. The Consultant shall provide satisfactory evidence of compliance with this section upon request of the City.
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FIRST AMENDMENT TO THE

PROFESSIONAL SERVICES AGREEMENT FOR

ON-CALL GRANT FUNDING ASSISTANCE CONSULTING SERVICES CONTRACT This First Amendment to the Professional Services Agreement for “as-needed Grant Funding Assistance” consulting services is made and entered into on this _____ day of ______, 2023, by and between the CITY OF SAN CLEMENTE, a California municipal corporation (“City”), and Engineering Solutions Services (ESS) Inc. (“Contractor”).

R E C I T A L S:

A. City and Contractor entered into that certain Professional Services Agreement for as-needed Engineering Solutions Services (ESS) services (the “Original Agreement”) on August 24, 2022.

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

C O V E N A N T S:

Section 3: Section 3.3 of the Agreement is hereby amended by changing the total compensation to ninety eight thousand ($98,000.00) from forty eight thousand ($48,000).

Except as expressly amended by the First Amendment the remaining portions of the Agreement shall remain in full force and effect.
//////////
IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to be duly executed on the respective dates set forth opposite their signatures.

Attachment 2
104
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CITY OF SAN CLEMENTE
By:________________________________
ATTEST: Its:_______________________________
______________________________ Dated: ____________________, 20____ CITY CLERK of the City of
San Clemente, California
Approved as to form:

BEST BEST & KRIEGER ______________________________
(“CONTRACTOR”)
______________________________
City Attorney By:________________________________
Its:_______________________________
Dated: ____________________, 20____
________________________________
Finance Authorization
105

AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 3/21/2023 Agenda Item: 6L
Department: Community Development
Prepared By Jack Holden, Building Official
Subject:

APPROVAL OF SIXTH AMENDMENT TO CONTRACT WITH WEST COAST CODE

CONSULTANTS FOR AS-NEEDED BUILDING PLAN CHECK SERVICES
Fiscal Impact:

There is sufficient funding in the approved Building Division FY 2022-2023 budget (account 001-421- 43890) from salary savings from the vacant Senior Plan Check Engineer position to cover the cost of the contract.

Summary:

Staff is requesting approval of the Sixth Amendment to the Professional Services Agreement with West Coast Code Consultants (WC3) for as-needed building plan check services.

Background:

The purpose of this amendment is to provide sufficient funding for additional plan check services needed due to a staff vacancy in the Building Division.

Discussion:

While the Senior Plan Check Engineer position remains vacant, the more difficult types of plan review, such as large commercial projects and new residential construction, are outsourced to WC3 for review. Also, when the two Plans Examiners are overwhelmed by volume, the most technical plans are forwarded to WC3 for review allowing the city to maintain normal plan review schedules.

When the Building Division is fully staffed (with a Senior Plan Check Engineer and two Plans Examiners) all plan reviews will be performed in house. Until the Senior Plan Check Engineer position is filled, to continue receiving plan review services from WC3, the contract limit must be increased by $100,000 to fund through the end of this fiscal year by using salary savings.

City Council Options and Recommended Actions:

City Council Options
· Approve and authorize the City Manager to execute the sixth amendment to Contract AC-826. · Modify and authorize the City Manager to execute the sixth amendment to Contract AC-826. · Continue the Item and direct staff to provide additional information. · Deny the sixth amendment to Contract AC-826.

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Staff Recommendation
Approve and authorize the City Manager to execute the sixth amendment to Contract AC-826, by and between the City of San Clemente and West Coast Code Consultants, increasing the total contract amount from $385,000 to $485,000, an increase of $100,000.

Attachment:

1. Sixth Amendment to the Professional Services Agreement with West Coast Consultants (WC3) (Contract AC-826).

2. Fifth Amendment to the Professional Services Agreement with West Coast Consultants (WC3) (Contract AC-826).

3. Fourth Amendment to the Professional Services Agreement with West Coast Consultants (WC3) (Contract AC-826).

4. Third Amendment to the Professional Services Agreement with West Coast Consultants (WC3) (Contract AC-826).

5. Second Amendment to the Professional Services Agreement with West Coast Consultants (WC3) (Contract AC-826).

6. First Amendment to the Professional Services Agreement with West Coast Consultants (WC3) (Contract AC-826).

7. Professional Services Agreement with West Coast Consultants (WC3) (Contract AC-826).

Notification:

None.

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SIXTH AMENDMENT TO THE

PROFESSIONAL SERVICES AGREEMENT FOR

ON-CALL (AS-NEEDED) BUILDING PLAN CHECK SERVICES AND

BUILDING CODE INSPECTION SERVICES
This Sixth Amendment to the Professional Services Agreement for on-call (as-needed) building plan check services and building code inspection services is made and entered into on this _____ day of ______, 2023, by and between the CITY OF SAN CLEMENTE, a California municipal corporation (“City”), and West Coast Code Consultants, Inc. (“Contractor”).

R E C I T A L S:

A. City and Contractor entered into that certain Professional Services Agreement for on-call (as-needed) building plan check services and building code inspection services (the “Original Agreement”) on May 14, 2019.

B. City and Contractor entered into that certain First Amendment to the Professional Services Agreement for on-call (as-needed) building plan check services and building code inspection services (the “First Amendment”) on August 20, 2019.

The Original Agreement, as modified by the First Amendment, is hereinafter referred to as the “Agreement.”
C. City and Contractor entered into that certain Second Amendment to the Professional Services Agreement for on-call (as-needed) building plan check services and building code inspection services (the “Second Amendment”) on August 18, 2020. The Original Agreement, as modified by the First Amendment and the Second Amendment, is hereinafter referred to as the “Agreement.” D. City and Contractor entered into that certain Third Amendment to the Professional Services Agreement for on-call (as-needed) building plan check services and building code inspection services (the “Third Amendment”) on July 20, 2021. The Original Agreement, as modified by the First Amendment, Second Amendment, and Third Amendment is hereinafter referred to as the “Agreement.” E. City and Contractor entered into that certain Fourth Amendment to the Professional Services Agreement for on-call (as-needed) building plan check services and building code inspection services (the “Fourth Amendment”) on January 18, 2022. The Original Agreement, as modified by the First Amendment, Second Amendment, Third Amendment, and Fourth Amendment is hereinafter referred to as the “Agreement.”
F. City and Contractor entered into that certain Fifth Amendment to the Professional Services Agreement for on-call (as-needed) building plan check services and building code inspection services (the “Fifth Amendment”) on May 3, 2022. The Original Agreement, as modified by the First Amendment, Second Amendment, Third Amendment, Fourth Amendment, and Fifth Amendment is hereinafter referred to as the “Agreement.”
Attachment 1
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3 G. City and Contractor desire to amend the Agreement in the manner provided herein below.

C O V E N A N T S:

Article 3.1 of the Agreement is hereby amended by increasing the not to exceed compensation amount from Three Hundred Eighty-Five Thousand ($385,000) to Four Hundred Eighty-Five Thousand ($485,000).

Except as expressly amended by this Sixth Amendment, the remaining portions of the Agreement shall remain in full force and effect.

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

CITY OF SAN CLEMENTE
By:________________________________
ATTEST: Its:_______________________________
______________________________ Dated: ____________________, 20____ CITY CLERK of the City of
San Clemente, California
Approved as to form:

BEST BEST & KRIEGER ______________________________
(“CONTRACTOR”)
______________________________
City Attorney By:________________________________
Its:_______________________________
Dated: ____________________, 20____
________________________________
Finance Authorization
DRAFT
4 Attachment 2
5 6
Attachment 3
7 8
Attachment 4
9 10
11 Attachment 5
12 13
Attachment 6
14 15
16 17
Attachment 7
18 19
20 21
22 23
24 25
26 27
28 29
30 31
32 33
34 35
36 AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 3/21/2023 Agenda Item: 6M
Department: Information Technology
Prepared By Brian Brower, Information Technology Manager Subject:

ADVANCED MAINTENANCE AND SUPPORT FOR PERMITTING AND LICENSING SOFTWARE Fiscal Impact:

The total amount of the engagement is not to exceed $24,500. This amount will be funded from the Information Technology Fund account #063-241-43456-000-00000.

Summary:

Staff is seeking to execute a Professional Services Agreement with ClientFirst Technology Consulting, LLC in an amount not to exceed $24,500 for Professional Services related to the advanced technical support, maintenance and enhancement of the City’s permitting and licensing software.

Background:

The City has utilized the ‘Trakit’ Land Management System since 2005 to manage Building, Planning, Engineering, Business License, and Code Compliance processes. The City recently upgraded from the legacy ‘TRAKiT.NET’ version to ‘Community Development’, which is the latest version offered by the vendor CentralSquare Technologies, LLC.

Discussion:

The City performed a major upgrade to the permitting and licensing software system over the past year. The ‘Community Development’ system is now being used in the production environment, and there are a number of new features to be implemented and processes to be optimized. While this enhancement effort is already underway, staff has identified a need for supplemental technical services to implement these improvements expeditiously and effectively, and to maximize the benefits of the new system. Staff recommends the execution of a Professional Services Agreement with ClientFirst Technology Consulting to provide advanced maintenance and support of the ‘Community Development’ permitting and licensing system. These services will be utilized and billed on an as-needed basis, with a total cost not to exceed $24,500. Services under this agreement shall include, but not be limited to:
· Business Process Optimization
· Module / Feature Implementation and Configuration
· GIS Integration Support
· Critical Issue Troubleshooting and Resolution
· Configuration Updates
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Meeting Date: 3/21/2023 Agenda Item: 6M
· Report and Form Customization
· Staff Training
On August 17, 2021, the City contracted with ClientFirst Technology Consulting, LLC for project management and technical advisory services to provide assistance with software upgrade. ClientFirst was selected through a Request for Proposal (RFP) process in which the vendor was chosen based on their experience in performance of comparable engagements, expertise of key personnel, and cost. Throughout the software upgrade, the ClientFirst team was critical to the success of the project.

The ClientFirst team demonstrated a thorough understanding of the City’s needs and processes, and high level of expertise with the ‘Trakit’ and ‘Community Development’ systems in general.

City Policy 201-2-3 governing the selection of professional services contractors permits the City Council to authorize staff to directly select a consultant when the proposed professional services provider has a unique familiarity with the project or subject area. In this case, ClientFirst Technology Consulting is qualified due to their unique experience as Project Managers during the City’s implementation and configuration of the ‘Community Development’ software, as well as their general expertise with the software product itself.

City Council Options and Recommended Actions:

City Council Options
· Approve and authorize the City Manager to execute the Professional Consulting Services Agreement with ClientFirst Technology Consulting.
· Modify and authorize the City Manager to execute the Professional Consulting Services Agreement with ClientFirst Technology Consulting.
· Continue the Item and direct staff to provide additional information. · Deny the request to execute the Professional Consulting Services Agreement with ClientFirst Technology Consulting.

Staff Recommendation
Approve and authorize the City Manager to execute the Professional Consultant Services Agreement with ClientFirst Technology Consulting for Permitting and Licensing System Advanced Maintenance and Support Services in an amount not to exceed $24,500.

Attachment:

1. Draft Professional Consultant Services Agreement with ClientFirst Technology Consulting Notification:

None.

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1 55452.01100\31193624.5

CITY OF SAN CLEMENTE

PROFESSIONAL CONSULTANT SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into this _____ day of ________, 20___, by and between the City of San Clemente, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 910 Calle Negocio , San Clemente, California, 92673 ("City") and CLIENTFIRST CONSULTING GROUP, LLC, with its principal place of business at 980 MONTECITO DRIVE, SUITE 209, CORONA, CALIFORNIA, 92879 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. RECITALS.

2.1 Consultant.

Consultant desires to perform and assume responsibility for the provision of certain professional Permitting and Licensing System Advanced Maintenance and Support Services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing professional Permitting and Licensing System Advanced Maintenance and Support Services to public clients, is licensed in the State of California, if applicable, and is familiar with the plans of City.

2.2 Project.

City desires to engage Consultant to render such professional Advanced Maintenance and Support Services for the Support, Maintenance, and Enhancement of Permitting and Licensing Software project ("Project") as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional consulting services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

3.1.2 Term. The term of this Agreement shall be from April 1, 2023 to March 30, 2025, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.

3.2 Responsibilities of Consultant.

3.2.1 Independent Contractor; Control and Payment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this 3 2
55452.01100\31193624.5
Agreement. City retains Consultant on an independent contractor basis and not as an employee.

Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, nor any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.

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

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

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

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

3.2.6 City's Representative. The City hereby designates BRIAN BROWER, IT MANAGER, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Work or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Scope of Work or change the Consultant's total compensation subject to the provisions contained in Section 3.3 of this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee. 4 3
55452.01100\31193624.5

3.2.7 Consultant's Representative. Consultant hereby designates DAVID W.

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

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

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

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

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

3.2.11 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions, where applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subconsultants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or 5 4
55452.01100\31193624.5
injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.

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

3.3 Fees and Payments.

3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "D" attached hereto and incorporated herein by reference. The total compensation shall not exceed Twenty Four Thousand and Five Hundred ($24,500) without written approval of the City Council or City Manager as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

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

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

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

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

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

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

3.3.6 Labor Code Requirements.

3.3.6.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. IF the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and IF the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties 6 5
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upon request, and shall post copies at the Consultant's principal place of business and at the project site. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

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

3.4 Accounting Records.

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

3.5 General Provisions.

3.5.1 Termination of Agreement.

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

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

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

3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:
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Consultant: CLIENTFIRST CONSULTING GROUP, LLC
980 MONTECITO DRIVE, SUITE 209
CORONA, CA 92879
ATTN: DAVID KROUT, PARTNER
City: City of San Clemente
910 Calle Negocio
San Clemente, CA 92673
ATTN: BRIAN BROWER, IT MANAGER
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.5.3 Ownership of Materials and Confidentiality.

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

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

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

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

Consultant shall have five (5) working days after receipt of the Release Notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall 8 7
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indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of the Objection Notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information.

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

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

3.5.6 Indemnification.

3.5.6.1 To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant's Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses. Consultant’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.

3.5.6.2 If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.

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

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

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

3.5.10 City's Right to Employ Other Consultants. City reserves right to employ 9 8
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other consultants in connection with this Project.

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

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

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

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

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

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

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

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

3.5.19 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to 10 9
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initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.

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

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

3.5.22 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

3.6 Subcontracting.

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

CITY OF SAN CLEMENTE
By:________________________________
ATTEST: Its:_______________________________
______________________________ Dated: ____________________, 20____ CITY CLERK of the City of
San Clemente, California
APPROVED AS TO FORM:

BEST BEST & KRIEGER
____________________________
City Attorney

APPROVED AS TO AVAILABILITY
OF FUNDING:
________________________________
Finance Authorization

__________________________
(“CONSULTANT”)
By:_____________________________
Its:_____________________________
Dated: __________________, 20____
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EXHIBIT "A"

SCOPE OF SERVICES
PERMITTING AND LICENSING SYSTEM – ADVANCED MAINTENANCE AND SUPPORT ASSISTANCE INCLUDES, BUT IS NOT LIMITED TO:
• PROCESS REVIEWS AND WORKFLOW IMPROVEMENTS; PROCESS

TRANSLATION INTO TRAKIT CONFIGURATION
• IMPLEMENTATION
• CONFIGURATION UPDATES TO UTILIZE NEW FUNCTIONALITY
• SYSTEM UPDATES AND MODIFICATIONS
• INTEGRATIONS ASSISTANCE
• USER ISSUES TROUBLESHOOTING AND RESOLUTION
• SYSTEMS MAINTENANCE
• QUALITY ASSURANCE OF CONFIGURATION CHANGES ACROSS ALL

DEPARTMENTS
• STAFF TRAINING (ON-SITE OR REMOTE)
• NEW REPORTS, LETTERS, SCRIPTING, AND TESTING
• EXISTING REPORTS/LETTERS MODIFICATIONS/ADJUSTMENTS
• EXISTING REPORTS/LETTERS ISSUES RESEARCH AND FIXES
• USER RIGHTS ADJUSTMENTS (PER CITY TRAKIT ADMINISTRATOR

INSTRUCTION)
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• FEE SCHEDULE ADJUSTMENTS
• CONFIGURATION UPDATES (ADDING A STATUS, ADDING A SUBTYPE, ADJUSTING AUTOMATIC FEES, ADJUSTING ALLOWABLE FEES, ETC.) • FUNCTIONALITY REQUIREMENTS DEFINITION
• DATA CONVERSION ASSISTANCE
• DATABASE UPDATES
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EXHIBIT "B"

SCHEDULE OF SERVICES
The services provided under this agreement are to be delivered on an as-needed basis, estimated three to four (2-4) hours per week, for a duration of 12 months. 15 55452.01100\31193624.5
EXHIBIT “C”

INSURANCE REQUIREMENTS

3.2.12 Insurance.

3.2.12.1 Time for Compliance. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section.

3.2.12.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Consultant, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so.
(A) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 0001, or the exact equivalent, with limits of not less than $1,000,000 per occurrence and no less than $2,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); or (3) containing any other exclusion(s) contrary to the terms or purposes of this Agreement. (B) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering "Any Auto" (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $1,000,000 combined limit for each occurrence. [***NOTE:

If Consultant does not own any company vehicles or may not be able to purchase a Business Automobile Insurance Policy, the requirement may be satisfied by providing either of the following: (1) a Personal Automobile Liability policy for the Consultant's own vehicle stipulating "Automobile Liability Insurance with a limit of not less than $1,000,000 each accident"; and (2) a non-owned auto endorsement to the Commercial General Liability policy if Consultant uses vehicles of others (e.g., vehicles of employees). (C) Workers' Compensation: Workers' Compensation
Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease. (D) Professional Liability (Errors & Omissions): Professional Liability insurance or Errors & Omissions insurance appropriate to Consultant’s profession with limits of not less than $1,000,000 per claim. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial 16 55452.01100\31193624.5
Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least three (3) years from termination or expiration of this Agreement.

3.2.12.3 Insurance Endorsements. Required insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
(A) Commercial General Liability:
(1) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement.

Additional Insured Endorsements shall not (1) be
restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Consultant; or (4) contain any other exclusions contrary to the terms or purposes of this Agreement. For all policies of Commercial General Liability insurance, Consultant shall provide endorsements in the form of ISO CG 20 10 10 01 (or endorsements providing the exact same coverage) to effectuate this requirement.
(2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (B) Automobile Liability:
(1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.

3.2.12.4 Professional Liability (Errors & Omissions):
(A) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (B) Contractual Liability Exclusion Deleted: This insurance shall include contractual liability applicable to this Agreement. The policy must “pay on behalf of” the insured and include a provision establishing the insurer’s duty to defend.

3.2.12.5 Workers' Compensation:
(A) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.

3.2.12.6 Primary and Non-Contributing Insurance. All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.
17 55452.01100\31193624.5

3.2.12.7 Waiver of Subrogation. All policies of Commercial General Liability and Automobile Liability insurance shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against the City, its officials, officers, employees, agents, and volunteers, and shall require similar written express waivers and insurance clauses from each of its subconsultants.

3.2.12.8 Deductibles and Self-Insured Retentions. Any deductible or selfinsured retention greater than $5,000 must be approved in writing by the City and shall protect the City, its officials, officers, employees, agents, and volunteers in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.

3.2.12.9 Evidence of Insurance. The Consultant, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates on forms approved by the City, together with all endorsements affecting each policy. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.

3.2.12.10 Failure to Maintain Coverage. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced immediately so as to avoid a lapse in the required coverage, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement effective upon notice.

3.2.12.11 Acceptability of Insurers. Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A- VII and authorized to transact business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.

3.2.12.12 Enforcement of Agreement Provisions (non estoppel).

Consultant acknowledges and agrees that actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligation on the City nor does it waive any rights hereunder.

3.2.12.13 Requirements Not Limiting. Requirement of specific coverage or minimum limits contained in this Appendix are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. 18 55452.01100\31193624.5

3.2.12.14 Insurance for Subconsultants. Consultant shall include all subconsultants engaged in any work for Consultant relating to this Agreement as additional insureds under the Consultant's policies, or the Consultant shall be responsible for causing subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City, its officials, officers, employees, agents, and volunteers as additional insureds to the subconsultant's policies. All policies of Commercial General Liability insurance provided by Consultant’s subconsultants performing work relating to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and volunteers as additional insureds using endorsement form ISO CG 20 38 04 13 or an endorsement providing equivalent coverage. Consultant shall not allow any subconsultant to commence work on any subcontract relating to this Agreement until it has received satisfactory evidence of subconsultant’s compliance with all insurance requirements under this Agreement, to the extent applicable. The Consultant shall provide satisfactory evidence of compliance with this section upon request of the City.
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EXHIBIT “D”

COMPENSATION

20 55452.01100\31193624.5
WORKER’S COMPENSATION INSURANCE CERTIFICATION

WORKERS' COMPENSATION DECLARATION
I hereby affirm under penalty of perjury one of the following declarations:
(ONE OF THE BOXES BELOW MUST BE CHECKED)
I have and will maintain a certificate of consent from the California Labor Commission to self-insure for workers' compensation, as provided for by Section 3700 of the Labor Code, for the performance of the work to be performed under this contract.

I have and will maintain workers' compensation insurance, as required by Section 3700 of the Labor Code, for the performance of the work to be performed under this contract. My workers' compensation insurance carrier and policy number are:

Carrier____________________________________________________ Policy Number______________________________________________ I certify that, in the performance of the work under this Agreement, I shall not employ any person in any manner so as to become subject to the workers' compensation laws of California, and I hereby agree to indemnify, defend, and hold harmless the City of San Clemente and all of its officials, employees, and agents from and against any and all claims, liabilities, and losses relating to personal injury or death, economic losses, and property damage arising out of my failure to provide such worker’s compensation insurance. I further agree that, if I should become subject to the workers' compensation provisions of Section 3700 of the Labor Code, I shall forthwith comply with those provisions.

WARNING: FAILURE TO SECURE WORKERS’ COMPENSATION

COVERAGE IS UNLAWFUL, AND SHALL SUBJECT AN EMPLOYER TO

CRIMINAL PENALTIES AND CIVIL FINES UP TO ONE HUNDRED THOUSAND DOLLARS ($100,000), IN ADDITION TO THE COST OF COMPENSATION, DAMAGES AS PROVIDED FOR IN SECTION 3706 OF THE LABOR CODE, INTEREST, AND ATTORNEY’S FEES.
21 55452.01100\31193624.5
Dated: ________________________, 20____
________________________________
Consultant
By: ________________________________
________________________________
Title
________________________________
Address
________________________________
22 AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 3/21/2023 Agenda Item: 6N
Department: Code Compliance Division
Prepared By Adam Atamian, Deputy Community Development Director Subject:

ESTABLISHMENT OF WEED ABATEMENT PROGRAM FOR 2023
Fiscal Impact:

Yes. The Weed Abatement Program is budgeted annually in the General Fund and $160,000 was appropriated for fiscal year 2022-2023 to cover all program costs (Acct. # 001-452-43000).

Summary:

Each year, the City of San Clemente Code Compliance Division administers the City’s Weed Abatement Program. To initiate the Weed Abatement Program for 2023, the City Council is requested to adopt the proposed resolution to declare weeds, rubbish, refuse, and dirt upon streets, sidewalks, parkways, and private property to be public nuisances. The intent of the weed abatement process is to reduce the possibility of weed and debris fires in San Clemente.

Background:

In early March, the City’s Weed Abatement Contractor compiled a list of 539 vacant properties using the County Assessors’ database. Included on the list are unoccupied, developed properties. Each listed property owner will be notified of the public hearing/abatement process as required by Section 39567.1 of the Government Code.

At the first City Council meeting in May, Council will consider a resolution establishing an "Order to Abate" weeds and debris, with an attached exhibit of the list of properties to be included in the program. After adoption of the resolution, the Weed Abatement Contractor will clear the properties not cleared by their owners by May 15th.

Discussion:

Each year, the City Council adopts a resolution (Attachment 1) pursuant to the Government Code, Section 39561, which finds and declares weeds and trash on specific parcels of property to be a seasonal and recurrent nuisance. These properties are specified in the list provided as Attachment

2. The proposed resolution sets a public hearing (in accordance with Section 39568 of the Government Code) to consider all objections to the abatement.

Following adoption of the proposed resolution, a letter of notification will be mailed to the owners of vacant properties or unoccupied, developed properties on or about April 1, 2023. This letter notifies these owners of their responsibility to remove weeds, trash and debris, and the requirement to maintain their properties in this manner for the remainder of the calendar year. This letter gives the owners until May 15, 2023 to clear their vacant or unoccupied, developed properties.

CITY OF SAN CLEMENTE Page 1 of 2 Printed on 3/16/2023
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Meeting Date: 3/21/2023 Agenda Item: 6N
To carry out the Weed Abatement program, the City assesses each private lot requiring weed abatement an administrative fee of $200. The City then bills the owners of properties cleared by the Weed Abatement Contractor the cost of abatement plus the $200 administrative fee. Unpaid bills are sent to the County for placement of liens to recover these costs. Historically, the City Council has waived the City’s notification costs for the property owners who abate weeds on their own properties.

Last year, the cost waived totaled $2,566.52. In addition to private-property weed abatement activities, the City also pays the Weed Abatement Contractor to clear City-owned lots. In 2022, this service cost the City $105,370.00. Over the last three years, the total annual cost of the Weed Abatement Program was $131,855 in 2020, $134,233 in 2021, and $132,043 in 2022.

Council is requested to adopt a resolution that initiates the 2023 Weed Abatement Program. The proposed resolution also sets a public hearing for the first City Council meeting in May to hear objections to the weed abatement process.

City Council Options and Recommended Actions:

City Council Options
· Adopt Resolution 23-09 Initiating the Weed Abatement Program for 2023. · Continue the Item with direction to provide additional information. · Provide specific direction to the City Manager for action. · Deny Resolution 23-09 with direction to reconsider the item.

Staff Recommendation
STAFF RECOMMENDS THAT the City Council initiate Weed Abatement Program for 2023 by adopting Resolution No. 23-09 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, PURSUANT TO SECTION 39561 AND 39562 OF THE

CALIFORNIA GOVERNMENT CODE DECLARING WEEDS, RUBBISH, REFUSE, AND DIRT UPON

STREETS, SIDEWALKS, PARKWAYS, AND PRIVATE PROPERTY TO BE PUBLIC NUISANCES AND PROVIDING FOR THE ABATEMENT THEREOF.

Attachment:

1. Resolution No. 23-09

2. APN - Vacant Lot List
Notification:

None.

CITY OF SAN CLEMENTE Page 2 of 2 Printed on 3/16/2023
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ATTACHMENT 1
Code Compliance Agenda Report
RESOLUTION NO. 23-09

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
CLEMENTE, CALIFORNIA, PURSUANT TO SECTIONS 39561 AND
39562 OF THE CALIFORNIA GOVERNMENT CODE DECLARING

WEEDS, RUBBISH, REFUSE, AND DIRT UPON STREETS,

SIDEWALKS, PARKWAYS, AND PRIVATE PROPERTY TO BE

PUBLIC NUISANCES AND PROVIDING FOR THE ABATEMENT
THEREOF.

THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE HEREBY
RESOLVES AS FOLLOWS:

SECTION 1. Pursuant to the provisions of California Government Code Sections 39561 and 39562, the City Council of the City of San Clemente determines and declares the following to be public nuisances:
(a) All weeds as defined in Government Code Section 39561.5 which are growing upon the streets, sidewalks, or private property in the City, and;
(b) All rubbish, refuse, and dirt upon parkways, sidewalks, or private property in the City.

SECTION 2. The properties upon which or in front of which the nuisances described in Section 1 exist are identified in Exhibit "A" to this Resolution listed by owner, street address, and Assessor's parcel number.

SECTION 3. Notice is hereby given that Tuesday, May 2, 2023 at 6:00 o'clock p.m., hereby is fixed as the time for the City Council to hear and consider all objections or protests, if any, to the proposed abatement of weeds growing upon or in front of the properties identified in Section 2 and the abatement of all rubbish, refuse, and dirt upon or in front of the said properties.

SECTION 4. The City Clerk of the City of San Clemente is hereby instructed to prepare and cause to be mailed written notice of the proposed abatement to all persons owning property described in Section 2. The Clerk shall cause such written notice to be mailed to each person to whom such property is assessed as shown on the equalized assessment roll available on the date of this resolution. Said mailings shall comply with Government Code Section 39567.1 and the notice shall be substantially in the form provided by Section 39566, except that it shall be signed by the City Clerk and the heading need not comply with Section 39565. 3 PASSED AND ADOPTED this _____ day of ____________________, _______.

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

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

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

AYES:

NOES:

ABSENT:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this _____ day of _________________, ________.
___________________________
CITY CLERK of the City of
San Clemente, California
Approved as to form:
_________________________
City Attorney
4 Attachment 2 – Vacant Lot List is on file with the City Clerk. 5 AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 3/21/2023 Agenda Item: 7A
Department: Public Works
Prepared By: Kiel Koger, Public Works Director / City Engineer Subject:

CONTINUATION OF CONLEY HEARING ON APPEAL OF ADMINISTRATIVE ENCROACHMENT PERMIT E22-0112
Fiscal Impact:

None
Summary:

On January 17, 2023, City Council held a hearing for consideration of an appeal of Administrative Encroachment Permit E22-0112. After discussion, the City Council voted to continue the item for two months so the Conleys and Irions could meet and hopefully resolve the issue of competing interest in the use of the public right-of-way. Staff has been informed by both parties that there was a meeting to discuss a potential resolution but unfortunately, no progress was made.

Section 12.20.020 of the San Clemente Municipal Code (SCMC) governs Encroachment Permits for private improvements constructed within the street right-of-way. In accordance with the Municipal Code, the Public Works Director revoked Administrative Encroachment Permit (AEP) E22-0112. The decisions of the Public Works Director may be appealed to the City Council per SCMC 17.12.140.

Upon revocation of the Conley AEP another AEP application was submitted by the Irions whose property is directly abutting and adjacent to the street right-of-way.

Background:

The Conleys, residents of 4055 Via Manzana in San Clemente, informed staff that they have been maintaining a portion of the city right-of-way in front of 27001 Paseo Activo in San Juan Capistrano for approximately 30 years. The City limit runs between the properties and a majority of 27001 Paseo Activo is within the City of San Juan Capistrano (see Attachment 1). The Conleys were issued an Administrative Encroachment Permit (AEP) by San Clemente staff in May 2022 (Attachment 2) to continue maintaining this parkway with the understanding that the permit could be revoked if their neighbors (Irions), who live at 27001 Paseo Activo, utilized or needed access to their property located on the other side of the easement. The Irions subsequently applied to the City of San Clemente for an AEP in August 2022 to maintain this area and to construct a border wall in the city right-of-way.

The Irion’s application was partially approved in October 2022. The partial approval would allow retaining walls, landscaping and lights in the public right-of-way area, but not in the area of the Conley improvements.

The Irions resubmitted their application in October 2022 to include all elements of the original request in addition to the construction of a pergola and privacy walls on their property in San Juan Capistrano. The application also included a building permit for the privacy wall issued from the City of San Juan Capistrano. The Irion AEP application was tentatively approved by San Clemente staff CITY OF SAN CLEMENTE Page 1 of 4 Printed on 3/16/2023
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Meeting Date: 3/21/2023 Agenda Item: 7A
of San Juan Capistrano. The Irion AEP application was tentatively approved by San Clemente staff on November 15, requiring revocation of the Conley’s previous (revocable) AEP on the same day (Attachment 3).

Staff has been involved with this issue for over a year. Below is a timeline of key events:
· November 30, 2021 - Staff met with the Conleys on site to assess the issue (the Irions were present).
· December 9, 2021 - After review of the City’s Municipal Code and the State Streets and Highway Code, staff determined that the maintenance of the City right-of-way should be conducted by the neighboring property owner (the Irions). · January 2022 - The Irions removed landscaping.
· May 2022 - The Conleys formally applied for and were awarded an AEP (E22-0112) to maintain the right-of-way area with the understanding that the Irions would be allowed access to their property through this area in the future if needed and the permit may be revoked at any time.
· August 1, 2022 - The Irions submitted an AEP application to install walls within the city right-of-way, landscaping, lights, etc. up to the Conley’s property line. · September 22, 2022 - The Irion’s application was partially approved with the exception of the right-of-way walls in the area of the Conley’s existing permit. · October 4, 2022 - Staff met with the Irions to discuss the permit application. · October 26, 2022 - The Irions resubmitted their AEP application with a copy of a building permit from San Juan Capistrano (dated 10/24/22) to build a privacy wall on their property. They requested also to install walls within the city right-of-way, landscaping, lights, etc. up to the Conley’s property line. The associated pergola is proposed to be less than 120 square feet therefore it does not require a building permit from San Juan Capistrano.
· November 15, 2022 - The Irion’s permit was verbally approved and the Conleys were notified in writing that their permit was being revoked giving them 3 weeks to remove landscaping from the area per the signed AEP.
· November 24, 2022 - The Conleys sent an email requesting an appeal of revocation of AEP.
· December 6, 2022 - City Council requested staff return with a summary of the revocation of the Conley AEP.
· December 12, 2022 - After staff consultation with the City Attorney, the Conley’s were notified of the appeal fee and requirements for providing public notice documents. · December 19, 2022 - The Conley’s paid the appeal fee and provided the necessary public notice documents.
· December 20, 2022 - City Council received and filed staff’s report on a summary of the Conley AEP and revocation of the permit.
· Per Municipal Code 17.12.140, a public hearing on an appeal was held on January 17, 2023. City Council voted to continue the item for two months to allow time for the Conleys and Irions to meet and potentially resolve the issue.

Discussion:

The City of San Clemente Municipal Code (SCMC) states under Chapter 12.24 “Maintenance, Repair, Protection and Landscaping of Public Property by Abutting Property Owners” and subsection CITY OF SAN CLEMENTE Page 2 of 4 Printed on 3/16/2023
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Meeting Date: 3/21/2023 Agenda Item: 7A
Repair, Protection and Landscaping of Public Property by Abutting Property Owners” and subsection

12.24.020A that “the owner of any property fronting on or adjacent to any portion of a street, sidewalk, bikeway, trail or parkway shall perform landscape maintenance on any and all trees, shrubs, hedges and/or ground cover (excluding street trees) on his or her property including any portion of such a tree, shrub, hedge or ground cover which encroaches into the street, sidewalk, bikeway, trail or parkway.”
The Street and Highways Code of California also states in Chapter 22, Section 5610 that “the owners of lots or portions of lots fronting on any portion of a public street or place when that street or place is improved or if and when the area between the property line of the adjacent property and the street line is maintained as a park or parking strip, shall maintain any sidewalk in such condition that the sidewalk will not endanger persons or property and maintain it in a condition which will not interfere with the public convenience in the use of those works or areas save and except as to those conditions created or maintained in, upon, along, or in connection with such sidewalk by any person other than the owner, under and by virtue of any permit or right granted to him by law or by the city authorities in charge thereof, and such persons shall be under a like duty in relation thereto.” The term “sidewalk” includes a park or parking strip maintained in the area between the property line and the street line and also includes curbing, bulkheads, retaining walls or other works for the protection of any sidewalk or of any such park or parking strip.

According to the Conley’s Notice of Appeal (Attachment 4), the grounds of the appeal are related to the matter of the Irions residing in San Juan Capistrano, and that there is no need for the 3 foot walkway to access the Irion’s property. There is also mention of the Irions potentially planning an Accessory Dwelling Unit (ADU) or another structure in the area.

The Administrative Encroachment Permit (Attachment 2) executed by the City and the Conleys states that the “City reserves the right to allow and permit future modifications to the City Property at any time and for any reason. The modifications to the City Property may result from, among other things, the issuance of an encroachment permit to another party and/or activities by City, another government agency or public utility, or any other party allowed by City to obtain access to inspect and/or maintain, repair, replace, or add other facilities or improvements within the City Property.” Consistent with the executed agreement, and City and State codes, staff revoked the Conley’s AEP (Attachment 3) upon receipt of an AEP application from the Irions whose property is directly abutting and adjacent to the subject area of street right-of-way.

Although there are a lot of external elements and discussion, the role of the City Council is quite narrow in this case. Plainly stated, the City Council is being asked to affirm or reverse the decision of the Public Works Director to revoke the Administrative Encroachment Permit issues to the Conleys at 4055 Via Manzana in San Clemente. The interests of the City are to ensure the right of way is maintained in an attractive manner that will not have a negative impact on any property owners in the vicinity, and to provide necessary and appropriate access to private property.

City Council Options and Recommended Actions:

City Council Options
· Affirm the decision of the Public Works Director to revoke the Administrative Encroachment Permit granted to the Conleys at 4055 Via Manzana.

CITY OF SAN CLEMENTE Page 3 of 4 Printed on 3/16/2023
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Meeting Date: 3/21/2023 Agenda Item: 7A
· Modify and affirm the decision of the Public Works Director to revoke the Administrative Encroachment Permit granted to the Conleys at 4055 Via Manzana. · Continue the Item and direction the staff to take a specific action. · Reverse the decision of the Public Works Director and reinstate the Administrative Encroachment Permit granted to the Conleys at 4055 Via Manzana.

Staff Recommendation
Staff recommends that the City Council affirm the decision of the Public Works Director revoking Administrative Encroachment Permit E22-0112.

Attachment:

1. Site Plan

2. Conley AEP E22-0112

3. City Letter Revoking AEP E22-0112

4. Conley Notice of Appeal
Notification:

Notice was previously mailed to property owners within 300 feet, posted on-site, and published in the SC Times.

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30 AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 3/21/2023 Agenda Item: 8A
Department: City Manager
Prepared By Andy Hall, City Manager
Subject:

PROFESSIONAL SERVICES AGREEMENT WITH APREA & MICHELI FOR LEGISLATIVE

ADVOCACY SERVICES
Fiscal Impact:

Funding for the remainder of the 2023 Fiscal Year is available in account # 001-203-43690.

Subsequent fiscal years will be subject to approval through the annual budget process.

Summary:

The City has utilized the legislative services of Aprea & Micheli since 2015 to monitor legislative activity at the State level for potential impacts to the City of San Clemente. Aprea & Micheli establish and maintain relationships with key state legislators, advocate for San Clemente within the State government, represent the City at State hearings, and monitor the State Budget for funding opportunities.

Discussion:

Aprea & Micheli has over thirty years of legislative advocacy experience. Based in Sacramento, the firm has established relationships, knowledge and experience with key State legislators and administrative staff that provides a competitive advantage when monitoring legislative activities and presenting strategic perspectives to the City. Aprea & Micheli has provided assistance to the City in the navigation of challenging legislation and various State actions.

In order to minimize costs of legislative advocacy services to the City, staff is recommending the services provided by Aprea & Micheli be billed as an hourly rate of $300 as opposed to a monthly retainer fee. As-needed hourly billing enables the City to utilize their services only when required.

These costs will be monitored and reported to the City Council on a regular basis.

City Council Options and Recommended Actions:

City Council Options
· Approval of the Professional Services Agreement with Aprea & Micheli. · Modification and approval of the Professional Services Agreement. · Continuation of the Item with direction to staff to provide additional information. · Denial of the Professional Services Agreement.

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Meeting Date: 3/21/2023 Agenda Item: 8A
Staff Recommendation
Approve, and authorize the City Manager to execute a Professional Services Agreement between the City of San Clemente and Aprea & Micheli to provide Legislative Advocacy Services in the amount of $300 per hour for the term of April 1, 2023 to March 31, 2025.

Attachment:

1. Professional Services Agreement with Aprea & Micheli CITY OF SAN CLEMENTE Page 2 of 2 Printed on 3/16/2023
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1 55452.01100\31193624.5

CITY OF SAN CLEMENTE

PROFESSIONAL CONSULTANT SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into this _____ day of ________, 20___, by and between the City of San Clemente, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 910 Calle Negocio , San Clemente, California, 92673 ("City") and APREA & MICHELI with its principal place of business at 1415 L STREET, SUITE 620, SACRAMENTO, CA 95814 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. RECITALS.

2.1 Consultant.

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

2.2 Project.

City desires to engage Consultant to render such professional LEGISLATIVE ADVOCACY consulting services for project ("Project") as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional legislative advocacy consulting services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

3.1.2 Term. The term of this Agreement shall be from APRIL 1, 2023 to MARCH 31, 2025, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.

3.2 Responsibilities of Consultant.

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

Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on ATTACHMENT 1
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behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, nor any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.

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

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

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

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

3.2.6 City's Representative. The City hereby designates Andy Hall, City Manager, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Work or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Scope of Work or change the Consultant's total compensation subject to the provisions contained in Section 3.3 of this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee.

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

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

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

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

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

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

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

3.3 Fees and Payments.

3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "A" attached hereto and incorporated herein by reference. The total compensation shall not exceed Three Hundred Dollars ($300) per hour without written approval of the City Council or City Manager as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

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

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

3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City.

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

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

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

3.3.6 Labor Code Requirements.

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

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

3.4 Accounting Records.

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

3.5 General Provisions.

3.5.1 Termination of Agreement.

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

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

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

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

Consultant: APREA & MICHELI
1415 L STREET, SUITE 620
SACRAMENTO, CA 95814
ATTN: MARC APREA, PRINCIPAL
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City: City of San Clemente
910 Calle Negocio
San Clemente, CA 92673
ATTN: ANDY HALL, CITY MANAGER
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.5.3 Ownership of Materials and Confidentiality.

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

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

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

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

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

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

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

3.5.6 Indemnification.

3.5.6.1 To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant's Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses. Consultant’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.

3.5.6.2 If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

3.5.22 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

3.6 Subcontracting.

3.6.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.

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

CITY OF SAN CLEMENTE
By:________________________________
ATTEST: Its:_______________________________
______________________________ Dated: ____________________, 20____ CITY CLERK of the City of
San Clemente, California
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APPROVED AS TO FORM:

BEST BEST & KRIEGER
____________________________
City Attorney

APPROVED AS TO AVAILABILITY
OF FUNDING:
________________________________
Finance Authorization

__________________________
(“CONSULTANT”)
By:_____________________________
Its:_____________________________
Dated: __________________, 20____
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EXHIBIT "A"

SCOPE OF SERVICES & FEES
• Detect introduction of legislation that may affect the City of San Clemente. • Track progress of pertinent legislation that has been introduced. • Lobby legislators, staff and executive branch concerning pertinent legislation. • Communicate on a regular basis with the appropriate City of San Clemente staff using a method determined by the city staff, concerning the status, prospects, movement, opposition, support, etc., of pertinent legislation.
• Regularly communicate with City Council Members and staff to inform them of City of San Clemente interests and learn about potential legislative developments before they occur.
• Review any proposed regulations that may affect the City of San Clemente. • Subscribe to mailing lists, when available, for key regulatory boards and departments, including the California Natural Resources Agency, California Department of Housing and Community Development, Department of Parks and Recreation, the Department’s Division of Boating and Waterways, Caltrans, the Wildlife Conservation Board and any other agency or department necessary to promote and protect the City of San Clemente’s interests.
• Monitor the status, opposition/support and prospects of pertinent proposed regulations. • Maintain a thorough understanding of the administrative rulemaking process in the state, including both the stages required under state law, and those at the discretion of the agencies.
• Schedule and represent the City of San Clemente in scheduling meetings with legislators.
• Attend San Clemente City Council meetings as requested to do so by City staff. • Provide an updated lists of legislators with their committee assignments, to the City of San Clemente as appropriate.
• Recommend development of appropriate coalitions.
• Works for the City of San Clemente on all legislative, budget and regulatory matters as appropriate and requested.

Fee Schedule
• A rate of $300/hour
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EXHIBIT “B”

INSURANCE REQUIREMENTS

3.2.12 Insurance.

3.2.12.1 Time for Compliance. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section.

3.2.12.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Consultant, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so.
(A) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 0001, or the exact equivalent, with limits of not less than $1,000,000 per occurrence and no less than $2,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); or (3) containing any other exclusion(s) contrary to the terms or purposes of this Agreement. (B) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering "Any Auto" (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $1,000,000 combined limit for each occurrence. [***NOTE:

If Consultant does not own any company vehicles or may not be able to purchase a Business Automobile Insurance Policy, the requirement may be satisfied by providing either of the following: (1) a Personal Automobile Liability policy for the Consultant's own vehicle stipulating "Automobile Liability Insurance with a limit of not less than $1,000,000 each accident"; and (2) a non-owned auto endorsement to the Commercial General Liability policy if Consultant uses vehicles of others (e.g., vehicles of employees). Workers' Compensation:

Workers' Compensation Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease. (C) Professional Liability (Errors & Omissions): Professional Liability insurance or Errors & Omissions insurance appropriate to Consultant’s profession with limits of not less than $1,000,000 per claim. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least three (3) years from termination or expiration of this Agreement.

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3.2.12.3 Insurance Endorsements. Required insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
(A) Commercial General Liability:
(1) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement.

Additional Insured Endorsements shall not (1) be
restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Consultant; or (4) contain any other exclusions contrary to the terms or purposes of this Agreement. For all policies of Commercial General Liability insurance, Consultant shall provide endorsements in the form of ISO CG 20 10 10 01 (or endorsements providing the exact same coverage) to effectuate this requirement.
(2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (B) Automobile Liability:
(1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.

3.2.12.4 Professional Liability (Errors & Omissions):
(A) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (B) Contractual Liability Exclusion Deleted: This insurance shall include contractual liability applicable to this Agreement. The policy must “pay on behalf of” the insured and include a provision establishing the insurer’s duty to defend.

3.2.12.5 Workers' Compensation:
(A) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.

3.2.12.6 Primary and Non-Contributing Insurance. All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.

3.2.12.7 Waiver of Subrogation. All policies of Commercial General Liability and Automobile Liability insurance shall specifically allow Consultant or others providing DRAFT
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insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against the City, its officials, officers, employees, agents, and volunteers, and shall require similar written express waivers and insurance clauses from each of its subconsultants.

3.2.12.8 Deductibles and Self-Insured Retentions. Any deductible or selfinsured retention greater than $5,000 must be approved in writing by the City and shall protect the City, its officials, officers, employees, agents, and volunteers in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.

3.2.12.9 Evidence of Insurance. The Consultant, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates on forms approved by the City, together with all endorsements affecting each policy. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.

3.2.12.10 Failure to Maintain Coverage. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced immediately so as to avoid a lapse in the required coverage, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement effective upon notice.

3.2.12.11 Acceptability of Insurers. Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A- VII and authorized to transact business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.

3.2.12.12 Enforcement of Agreement Provisions (non estoppel).

Consultant acknowledges and agrees that actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligation on the City nor does it waive any rights hereunder.

3.2.12.13 Requirements Not Limiting. Requirement of specific coverage or minimum limits contained in this Appendix are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance.

3.2.12.14 Insurance for Subconsultants. Consultant shall include all subconsultants engaged in any work for Consultant relating to this Agreement as additional insureds under the Consultant's policies, or the Consultant shall be responsible for causing DRAFT
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subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City, its officials, officers, employees, agents, and volunteers as additional insureds to the subconsultant's policies. All policies of Commercial General Liability insurance provided by Consultant’s subconsultants performing work relating to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and volunteers as additional insureds using endorsement form ISO CG 20 38 04 13 or an endorsement providing equivalent coverage. Consultant shall not allow any subconsultant to commence work on any subcontract relating to this Agreement until it has received satisfactory evidence of subconsultant’s compliance with all insurance requirements under this Agreement, to the extent applicable. The Consultant shall provide satisfactory evidence of compliance with this section upon request of the City.

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WORKER’S COMPENSATION INSURANCE CERTIFICATION

WORKERS' COMPENSATION DECLARATION

I hereby affirm under penalty of perjury one of the following declarations:

(ONE OF THE BOXES BELOW MUST BE CHECKED)
I have and will maintain a certificate of consent from the California Labor Commission to self-insure for workers' compensation, as provided for by Section 3700 of the Labor Code, for the performance of the work to be performed under this contract.

I have and will maintain workers' compensation insurance, as required by Section 3700 of the Labor Code, for the performance of the work to be performed under this contract. My workers' compensation insurance carrier and policy number are:

Carrier____________________________________________________ Policy Number______________________________________________

I certify that, in the performance of the work under this Agreement, I shall not employ any person in any manner so as to become subject to the workers' compensation laws of California, and I hereby agree to indemnify, defend, and hold harmless the City of San Clemente and all of its officials, employees, and agents from and against any and all claims, liabilities, and losses relating to personal injury or death, economic losses, and property damage arising out of my failure to provide such worker’s compensation insurance. I further agree that, if I should become subject to the workers' compensation provisions of Section 3700 of the Labor Code, I shall forthwith comply with those provisions.

WARNING: FAILURE TO SECURE WORKERS’ COMPENSATION

COVERAGE IS UNLAWFUL, AND SHALL SUBJECT AN EMPLOYER TO

CRIMINAL PENALTIES AND CIVIL FINES UP TO ONE HUNDRED THOUSAND DOLLARS ($100,000), IN ADDITION TO THE COST OF COMPENSATION, DAMAGES AS PROVIDED FOR IN SECTION 3706 OF THE LABOR CODE, INTEREST, AND ATTORNEY’S FEES.

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Dated: ________________________, 20____
________________________________
Consultant
By: ________________________________
________________________________
Title
________________________________
Address
________________________________
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19 AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 3/21/2023 Agenda Item: 9A
Department: City Clerk
Prepared By Laura Campagnolo, City Clerk
Subject:

POLICY AND PROCEDURE 1201-11 - CITY COUNCIL MEETING AND OPERATING PROCEDURES (PROPOSED UPDATE PURSUANT TO COUNCIL’S DIRECTION OF FEBRUARY 21, 2023, AND AN UPDATE TO THE CITY COUNCIL TRAVEL POLICIES TO IMPROVE COUNCIL

COMMUNICATION AND PUBLIC TRANSPARENCY
Fiscal Impact:

None
Summary:

At its Regular City Council meeting of February 21, 2023, Council agendized the review of Policy 1201-11 - City Council Meeting and Operating Procedures, specifically as is relates to decorum at City Council meetings.

To address concerns raised at the Council meeting, the following draft procedures have been added to the policy for Council consideration:

4.2.18 The Presiding Officer shall maintain control of communication between Councilmembers and between the City Council and members of the public. The Presiding Officer may make second motions when no other Councilmember does so.

4.2.19 Councilmembers shall not engage the person addressing the City Council in a dialogue, but shall confine communication to a brief question and answer format conducted through the Presiding Officer.

4.2.20 When one Councilmember is speaking, other Councilmembers shall not interrupt, disrupt or disturb the speaker. During questions and deliberations, the Presiding Officer may vary the speaking sequence of Councilmembers from item to item.

Staff has also added for Council consideration, the following language concerning agendizing Council use of funds budgeted for travel, training and conferences to improve Council communication and public transparency:

4.5.3 When paid by the City, Councilmember travel expenditures outside of Orange County require prior approval by a majority of the City Council. The estimated travel expenses will be placed on the Consent Calendar of a City Council meeting prior to travel whenever possible. If travel is more urgent and justified, the travel expenses will be placed on the Consent Calendar of a City Council meeting immediately following the travel. Staff shall prepare an agenda CITY OF SAN CLEMENTE Page 1 of 2 Printed on 3/16/2023
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Meeting Date: 3/21/2023 Agenda Item: 9A
of a City Council meeting immediately following the travel. Staff shall prepare an agenda report for the Consent Calendar, when Councilmembers plan to use funds budgeted for travel, training and conferences.

City Council Options and Recommended Actions:
· Approve the revisions to Policy 1201-11 and direct staff to take appropriate actions to amend the policies.
· Modify and approve the revisions to Policy 1201-11 and direct staff to take appropriate actions to amend the policy.
· Continue the item with specific direction to staff.
· Deny the proposed revisions to Policy 1201-11.

Staff Recommendation
Adopt revised Policy and Procedure 1201-11 (City Council Meeting and Operating Procedures), effective March 21, 2023.

Attachment:

1. Proposed Revised Policy and Procedure 1201-11
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